Justice Lawrence Mugambi said section 226 of the penal code shames victims of suicide ideation in the eyes of the community for actions that are beyond their mental control.

He added this is a violation of Article 28 of the Constitution which states that every person has inherent dignity and the right to have that dignity respected and protected.

“A declaration is hereby made that section 226 of the penal code is unconstitutional for violating article 27, 28 and 43 of the constitution,” he ruled.

Section 226 of the Penal Code criminalized attempted suicide and provided punishment of two years imprisonment, a fine or both once found guilty.

A case was filed in court by the Kenya National Commission on Human Rights, Charity Muturi and the Kenya Psychiatric Association.

They asked the court to intervene and determine whether suicide is a mental issue or a crime.

They argued that the drive for a person to die by suicide or attempt suicide is undiagnosed and untreated mental health conditions as well as mental disability and not a criminal thought.

According to their papers they argued that survivors ought to be placed under mental care and not jail.

“The petitioners contend that persons who have suicidal thoughts or who attempt suicide require medical support or assistance and not criminalisation or punishment,” said court papers read in part.

The petitioners also argued criminalising attempted suicide is tantamount to punishing persons with mental conditions.

“It is the petitioners’ contention that Section 226 of the Penal Code is highly discriminatory against persons with mental health conditions and is tantamount to degrading treatment owing to the reason that prosecutions and convictions are akin to punishing the symptom of mental health condition,” they argue.

President Uhuru Kenyatta, in his 2019 Madaraka Day address, said the country was facing a mental health crisis.

He directed the Health ministry to implement programmes and policies to address the problem.

Following the directive, the ministry on December 11, 2019, constituted a task force which a year later presented a report titled Mental Health and Wellbeing; Towards Happiness and National Prosperity 2020.

The task force’s recommendation was that Section 226 should be repealed in order to enable persons with depression to seek early treatment and improve the accuracy of data on suicide.

The court was told that decriminalising attempted suicide will increase attempts to seek help and reduce stigma.

“Continued criminalisation of attempted suicide exacerbates social stigma thus discouraging persons with mental health conditions from seeking requisite healthcare services.”

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Platforms like LEI Lookup are often used to verify existing LEIs and track compliance requirements. Businesses required to register for an LEI include corporations, investment firms, and organizations engaging in regulated financial activities. Here’s a detailed look at who needs an LEI and why it’s essential for compliance.

What Is the Purpose of LEI?

The LEI system was established to bring standardization and transparency to financial markets. It helps identify legal entities involved in transactions, ensuring they are traceable and accountable. Each links to reference information, such as a company’s registered name and address.

This makes it easier for regulatory bodies to monitor market activities and reduce systemic risks. They are used globally, providing a unified framework for financial identification. Their primary purpose is to increase trust and reduce fraud in financial markets. Businesses participating in regulated markets often require them to meet compliance standards.

Who Must Register for an LEI?

LEIs are mandatory for entities engaging in specific financial activities, such as trading securities or derivatives. This includes corporations, investment firms, government agencies, and trusts operating in regulated markets. Banks and financial institutions dealing with these entities also need them to ensure compliance.

Nonprofit organizations or smaller companies may require them if they engage in financial transactions. Many countries require them for tax reporting and regulatory purposes. Determining whether your business falls under these categories ensures you comply with legal obligations. It’s always wise to consult local regulations to confirm your registration requirements.

Steps to Obtain an LEI

Choose an Accredited Local Operating Unit (LOU): Begin by selecting an accredited LOU or authorized registration agent to process your application.

Provide Basic Business Information: Please complete the application form with essential details such as your company name, address, and ownership structure.

Submit Accurate Documentation: Ensure all submitted documents match your provided details to avoid delays during the verification process.

Verification Process: The LOU will review your application and validate the information against official records.

Approval and Issuance: Once verified, they are issued and added to the global database, becoming publicly accessible.

Annual Renewal: Renew them annually to keep them valid, ensuring continued compliance and uninterrupted operations.

The Role of LEIs in Financial Risk Management

LEIs play a significant role in helping businesses and regulators manage financial risks. Linking transactions to identifiable entities reduces the chances of dealing with fraudulent parties. For financial institutions, this data simplifies risk assessments and enhances decision-making.

They provide transparency into ownership structures, helping identify potential risks in counterparty relationships. Businesses using these identifiers improve trust among stakeholders and clients. It contributes to a more secure and reliable financial ecosystem overall. Including them in your compliance strategy strengthens your ability to navigate the complex financial sector.

Why Every Eligible Entity Should Register

An LEI is more than a regulatory requirement; it’s a mark of credibility. It reflects transparency and compliance, fostering trust and enabling confident participation in global markets. Essential for international expansion, it simplifies financial reporting across jurisdictions, ensuring compliance, credibility, and growth readiness.

Companies like LEI Lookup are valuable tools for verifying compliance and tracking existing Legal Entity Identifiers. They help businesses meet compliance requirements, enhance trust, and simplify financial reporting processes. Ensuring your business has a valid one strengthens its position in the global financial ecosystem

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Why Timely LEI Renewal Matters

Having an active identifier is essential for keeping your operations compliant and secure. When you use LEI management tools, you can easily track your status and ensure that it is renewed on time. An expired LEI can cause serious disruptions in your ability to engage in financial transactions, as many institutions and regulators require up-to-date identifiers.

Renewing your LEI on time helps maintain your company’s credibility in the marketplace. It ensures you stay in good standing with partners, regulators, and financial institutions, and it prevents unnecessary delays in processing transactions.

The Risks of Letting Your LEI Expire

Letting your LEI expire can have severe consequences for your company. When it is not renewed, it loses its validity. This means your company may no longer be recognized as a legal entity by various regulators and trading partners. Consequently, you may face challenges in completing contracts, transferring assets, or engaging in financial activities.

Failing to renew your LEI could lead to legal complications or penalties, in addition to operational disruptions, especially for companies operating in highly regulated industries. Ensuring timely renewal is not just a matter of convenience—it’s a key factor in managing regulatory risks and staying compliant with laws.

The Financial and Operational Benefits of Timely LEI Renewal

• Maintaining Your Company’s Reputation
  Renewing your LEI on time helps preserve your company’s credibility. An expired identifier can signal poor management, which may damage relationships with partners and customers.
• Ensuring Smooth Financial Operations
  An active LEI is essential for seamless transactions. Global financial markets and regulators require up-to-date identifiers for processing payments and ensuring compliance.
• Streamlining Internal Processes
  Renewing your LEI ensures that your company’s compliance and reporting systems are current. This reduces the risk of errors and improves operational efficiency.

Simplifying LEI Renewal with Management Tools

Managing renewals doesn’t have to be complicated. With the right management tools, you can easily track the expiration dates of all your company’s identifiers. These tools provide a centralized location for managing your LEI-related tasks, making it simpler to renew your identifier before it expires.

Moreover, some LEI management platforms even offer services that automatically submit renewal applications, saving you time and effort. By leveraging these tools, businesses can ensure timely renewal without the stress of manual tracking.

The importance of timely LEI renewal cannot be overstated. With effective LEI management, businesses can ensure they remain compliant, trustworthy, and operational. By staying proactive and using automated tools to monitor renewal dates, your company can avoid disruptions and continue to operate smoothly across borders. Renewing your LEI on time is more than just a regulatory requirement—it’s a critical step in protecting your company’s reputation and long-term success.

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Understanding Florida’s No-Fault Insurance Laws

A Fort Lauderdale car accident lawyer can help you navigate Florida’s no-fault insurance system, which requires each driver’s insurance to cover their own medical expenses and lost wages, regardless of fault. Under this system, Personal Injury Protection (PIP) is mandatory for all drivers.

However, exceptions exist for cases involving a “serious injury” threshold. In such instances, victims may seek additional compensation from the at-fault party. An experienced lawyer can evaluate your case and guide you through this complex process.

Comparative Negligence in Fort Lauderdale

Fault isn’t always clear-cut. Florida follows a comparative negligence system, which means liability can be shared between parties. If you’re partially at fault for an accident, your compensation may be reduced proportionally.

For example, if you’re found 20% at fault, your settlement will decrease by that percentage. This rule ensures fairness but requires strong evidence to minimize your liability. Legal guidance is often essential to navigate these complexities and present a compelling case.

Time Limits for Filing Claims

• Statute of Limitations
  Florida law sets a four-year deadline for filing most personal injury claims following an accident. Failure to meet this deadline may result in losing the right to demand compensation.
• Exceptions for Special Cases
  Certain cases, such as those involving government entities, may have different deadlines or requirements. Understanding these exceptions is crucial for protecting your rights.
• Importance of Acting Quickly
  Filing promptly ensures all necessary paperwork is completed accurately and on time. Acting quickly also preserves critical evidence that strengthens your case.
• Preserving Your Legal Rights
  Meeting deadlines and following local laws help ensure that your claim remains valid. Timely action prevents the risk of forfeiting compensation due to procedural delays.

Insurance Requirements and Coverage Limits

Every driver in Fort Lauderdale must meet certain insurance requirements. Beyond PIP coverage, drivers are encouraged to carry bodily injury liability insurance. This insurance assists in covering the injuries you inflict on other individuals.

Understanding the limits of your policy is crucial. If damages exceed coverage limits, the at-fault driver may be held personally responsible. A thorough review of policies can clarify what’s covered and what additional actions might be necessary.

The Role of Local Courts in Disputes

When disputes arise, local courts often play a critical role. Many cases are settled through negotiation, but some proceed to litigation. Fort Lauderdale courts apply local laws and precedents that influence outcomes.

Navigating the legal system can be daunting. A knowledgeable lawyer can represent your interests effectively, whether during settlement discussions or in court. Their familiarity with local judges and procedures can be a significant advantage.

Local laws play a pivotal role in shaping car accident claims in Fort Lauderdale. Working with a Fort Lauderdale car accident lawyer ensures you understand your rights and navigate these laws effectively. Whether it’s securing fair compensation or reducing liability, having a legal expert by your side makes a difference. Local laws may be complex, but with the right guidance, you can protect your interests and move forward with confidence.

The post The Impact of Local Laws on Car Accident Claims in Fort Lauderdale appeared first on KahawaTungu.

The prosecution team made an application before Lady Justice Lady Justice Diana Rachel Kavedza to defer the plea pending a mental assessment of the suspect.

In her ruling, justice Kavedza allowed the prosecution application and directed that the suspect be subjected to a psychiatric assessment and the report be tabled in court before January 21, 2024, when he is expected to take a plea.

Hashim Dagane Muhumed Alias Hashim Mohamed Khalif is alleged to have killed Dahabo Daud Said Alias Waris, Amina Abdirashid Dhahir, Musayba Abdi Mohamed, and Deka Abdi Noor Gorane on diverse dates between October 21, 2024 and October 30, 2024, in the Kyumbi area of Machakos County, the Parklands area of Nairobi County, the Parklands area, and the Lavington area of Nairobi County, respectively.

Dagane, 34 is believed to have killed a mother, her daughter and niece, and later killed a lady in a rented apartment in Lavington.

Police are investigating how Dagane acquired a Kenyan identity card, despite apparent evidence he may not be Kenyan.

Inspector-General of Police Douglas Kanja confirmed that Hashim arrived in Kenya from Somalia recently and somehow obtained Kenyan documentation.

He said a key red flag is that while Hashim claims to be a Kenyan, he does not speak Kiswahili, English, or any local dialect. “We had to get an interpreter when interrogating him. We want to know how the man acquired the Kenyan identity card,” Kanja told the committee.

Investigations also revealed that Hashim has four wives, one of whom he is suspected of murdering.

On November 3, a public tip-off led to Hashim’s arrest. He was initially held at Kamukunji Police Station and later transferred to Ruaraka.

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Abdirizak Mohammed Hassan was arrested immediately after stepping out of the court.

This is over a separate case where he is charged with obtaining registration by false pretences, giving false information to a person employed in public office and unlawfully present in Kenya.

Abdirizak was charged with obtaining registration by false pretences where he registered an identity card using the details of an unsuspected couple pretending to be their son.

The purported parents were Mohamed Hassan and Athara Abey Ali the father and mother respectively.

During Investigations in the matter, Athara Abey Ali the purported mother was interviewed and recorded her statement.

She said “the accused person Abdirizak Mohammed is not my son nor did I know him before.”

During the pre-trial on the current matter, the prosecution told Kahawa Principal Magistrate Gideon Kiage that the accused person had a warrant of arrest issued by a Makadara court for absconding a court session in a separate matter.

When the issue of the warrant of arrest by a Makadara court was raised, Kiage said he cannot handle a matter pending in another court.

“I cannot handle the issue of warrant of arrest given by another court, police know what to do since the accused cannot be arrested in court,” he said.

Police who were aware that the accused was appearing in Kahawa law court were ready to arrest him.

The woman listed as the suspect’s mother also stated that she had only three daughters in her life, one who is deceased and lived with two in Eastleigh disputing the allegations by the accused that he is her son.

Further she confirmed that she lost her first identify card in Eastleigh and reported the same to the police and applied for a new one which she is currently holding.

Abdirizak is suspected to have used the purported mother’s lost identity card to fake birth and death certificates in order to apply for a Kenyan passport which is still under verification thus also submitting false documents during application.

He had denied the charges and is out on bond.

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High court judge, Justice Antony Ndungu ruled that the complainant’s evidence of having intercourse without details as to what happened does not prove that penetration took place.

The court held that she failed to provide clear details to prove penetration, a key element of the offense.

While acknowledging the challenges faced by children in articulating details of sexual acts due to their developmental stages affecting their ability and willingness to describe the organs and acts, Ndungu said evidence must still be precise to meet the burden of proof.

“From the foregoing reasons, it is my view that penetration was not proved to the required standard and being an essential ingredient in proving the offence of defilement, the prosecution fell far short of proving their case. Doubts linger as to what transpired at the material time. The benefit of doubt as per the law goes to the appellant,” ruled the judge.

“The conviction and sentence imposed by the trial court are set aside and substituted thereof with an order acquitting the appellant. He is set at liberty forthwith unless otherwise lawfully held under another warrant.”

The accused, had been convicted by a magistrate’s court under Section 8(1) as read with Section 8(4) of the Sexual Offences Act after he was found guilty of engaging in sexual intercourse with the complainant on the night of December 8 and 9, 2021, in Nyeri County.

He was sentenced to 15 years’ imprisonment on February 15, 2022.

Aggrieved by the trial court’s decision, He moved to the High Court arguing that the trial court erred by relying on inconsistent and uncorroborated evidence, failing to consider that penetration an essential element of the offence was not proven.

He also contended that his defense had been unfairly disregarded.

The High Court, upon reevaluating the evidence, found several inconsistencies in the complainant’s testimony, including contradictions about timelines and locations.

Additionally, medical evidence presented by the prosecution did not confirm recent penetration or injuries to support the allegations.

The clinician testified that while the complainant’s hymen was broken, there were no bruises, spermatozoa, or other findings consistent with recent sexual activity.

The judge said that for a defilement conviction to stand, the prosecution must prove the accused’s guilt beyond reasonable doubt, including clear evidence of penetration and credible identification of the perpetrator.

“The medical evidence did not corroborate the complainant’s evidence. Nothing unusual was seen to conclude that there was defilement as the complainant was examined on the same day. It is however trite law that the fact of rape or defilement is not proved by DNA test but by evidence,” ruled Ndungu.

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A presiding judge serves as the administrative head of a court, overseeing critical duties such as budgeting, case assignments, and managing dockets. They are also tasked with directing court administrators to prepare statistical data and studies, ensuring the smooth functioning of their respective courts.

In a letter dated December 16, 2024, Principal Judge Justice Eric Ogola informed all High Court judges of the new transfers. “This is to bring to your notice that the Hon. Chief Justice of the Republic of Kenya and President of the Supreme Court has effected the following transfers,” the letter read.

In the new changes, Justice Alfred Mabeya has been moved to Kisumu as the presiding judge from the Commercial and Tax Division in Nairobi. Justice Roselyne Abirii will head to the Judicial Review Division in Nairobi, moving from Kisumu, while Justice Edward Muriithi has been transferred to Kerugoya from Meru.

Other notable changes include Lady Justice Christine Meoli, who will move from Nairobi to Kajiado, Lady Justice Roselyne Korir from Bomet to Chuka, and Lady Justice Esther Maina from Kajiado to Nairobi. Additionally, Lady Justice Stella Mutuku will transfer from Kajiado to Nairobi, Justice Charles Kariuki from Nyandarua to Narok, and Lady Justice Lilia Mutende from Nairobi to Nyahururu.

Further transfers include Justice Francis Gikonyo (Narok to Nairobi), Justice Kiarie Waweru (Nairobi to Mombasa), Justice Robert Limo (Kitui to Kitale), and Justice Lucy Njuguna (Embu to Nairobi). Justice Mugure Thande has been appointed as the presiding judge in Malindi, while Justice Lucy Gitari will move from Chuka to Kitui. Justice Richard Mwongo will transfer from Kerugoya to Embu, and Justice James Wakiaga will move from Murang’a to Nairobi. Justice Jesse Nyaga has been transferred from Marsabit to Garsen.

This reshuffle follows a similar transfer in November when 31 judges of the Environment and Land Court (ELC) were moved. The ELC plays a crucial role in addressing environmental and climate change issues, including pollution cases, land disputes, and enforcing environmental laws.

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The High Court declared that failure to provide the treaties, agreements, or contracts signed between the Republic of Kenya and any other state, international financial institution, international corporation, or any other entity, however, described, is unconstitutional insofar as it contradicts the constitutional requirements on access to information under Article 35(1) of the Constitution.

Justice Lawrence Mugambi also ruled that failure to provide information relating to sovereign bonds floated for and on behalf of Kenya in the past nine years by the Executive is unconstitutional for infringing the principle of openness and financial accountability in matters of public finance as required by law.

The ruling by Justice Lawrence Mugambi of the High Court comes five months after he suspended an independent task force constituted by President William Ruto at the height of the Gen Z-led protests, which, among other things, called out the State for an insatiable appetite for debt and financial mismanagement.

The court’s decision ended a two-year court battle and is expected to unearth details of the murky preoccupation with borrowing that has become Kenya’s “begging culture.”

The first administration post-2010 Constitution, headed by then President Uhuru Kenyatta and his deputy William Ruto, was targeted for the secrecy surrounding debt.

The Institute of Social Accountability, under its then National Coordinator Wanjiru Gikonyo and the Kenya Human Rights Commission moved to court in a process that listed then National Treasury CS Ukur Yatani and Attorney General Paul Kihara Kariuki as respondents.

In mounting a robust defence, the Treasury, through then PS Julius Muia, averred that information relating to sovereign bond agreements or any bondholder is protected against invasion of the privacy of an individual investor, much to the dissatisfaction of the petitioners.

On July 5, 2024, Ruto said, “I have today appointed an independent task force to carry out a comprehensive forensic audit of our public debt and report to us in the next three months.”

Justice Mugambi, a month later, suspended President Ruto’s task force, constituted to audit the country’s debt. Petitioners argued that the directive overlapped the mandate of the Auditor General.
According to data from the Central Bank of Kenya, Kenya’s economy grew from Sh1.8 trillion in 2013 to Sh10.6 trillion in June 2024.

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They were charged with several counts of conspiracy to defraud and forgery.

The four are implicated in a USD100,000 scam.

In the case investigated by the DCI Operation Support Unit, Susan Wanjeri Kogi, Elvis Muga Ouma, Nazlin Karim Rahimbux and Hubbard Kanyago Ndong’o are accused of conspiring to defraud a Niger businessman the said amount, while purporting to be customs officials based in the capital.

Upon arraignment the four pleaded not guilty and were granted Sh500,000 bond with the alternative of a cash bail of Sh200,000.

In the broader scheme that crosses borders to the country of Mali, the victim whose company is based in Dubai reported to have lost over USD5,000,000 between February 2024 and December, which was meant for the purchase, clearance and transportation of 100 kilos of gold to Dubai from Mali.

But as is their norm (and having received the hefty sum), the fraudsters introduced allegations of the gold consignment being confiscated by customs officers in Nairobi while on transit to Dubai.

What followed was the scammers in Mali giving a through pass to their Kenyan accomplices who sent an invoice from DARDESSA Logistics Limited – an alleged Kenyan company (agent) that was allegedly holding the said consignment.

The complainant was instructed to send USD100,000 which he did, thereafter receiving a confirmation of receipt from Susan Wanjeri.

He later travelled to Kenya where he met the fake agents, who made several attempts to obtain more dollars from him. He got suspicious and reported the fraud.

Launching an intelligence-led operation, detectives ambushed the accused persons at various parts of Nairobi and took them to custody.

The case will be mentioned on Jan 21, 2025.

Businesspersons are reminded to be wary of rings of organized fraudsters who sit in opulence, grabbing every slight opportunity to gain from the toil and sweat of genuine traders.

Director DCI Mohammed Amin implored on members of the public to remain alert when engaging in the so called gold business as it has been established that fake gold merchants are once again trying to establish their foothold in the capital city.

Dozens of the fake gold dealers have been arrested in a series of police operations in the country. This is the latest such case involving Kenyans and foreigners who are conned over fake gold scams.

Cases where foreigners are being conned or money over fake gold on sale are on the rise.

Police have been asking foreigners seeking to purchase gold in the country to always seek the help of their respective embassies.

Police say they have arrested dozens involved in the cases and charged them in courts.

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