High court judge Bahati Mwamuye warned failure to comply with the order could result in sentencing and conviction.

This is after the duo failed to personally appear in court on Wednesday following a court order.

Their lawyer Paul Nyamodi told the court that IG Kanja was unable to attend court due to an urgent security meeting.

Petitioners through their lawyer, Senior Counsel Kalonzo Musyoka told the court the matter could not proceed if the police boss was not personally present in court.

The judge said the situation had left him with only three options which included to cite the IG for court contempt, issue a warrant of arrest and sentence the officer to jail.

“But I will not do that now. I will give the IG a last chance to appear before this court before I opt for the first option and invite him for mitigation before sentencing,” Justice Mwamuye said.

Nyamodi in his application to the court, sought 14 days to allow for the recording of statements from the four petitioners, who are currently at liberty.

He told Mwamuye that the process might yield critical leads in the search for one of the abducted victims, whose whereabouts remain unknown.

The court was informed that investigations into the matter are ongoing, and the additional time would allow the team to both gather evidence and finalize their inquiries.

“My clients are as interested to find out the whereabouts of the 7th petitioner, the 2nd to 6th are at liberty. They believe they have useful information that will assist in the resolution of this matter bearing in mind that the purpose of the attendance of the IG was and is to produce the 2nd to 7th petitioners,” said Nyamodi.
Kalonzo on his part urged the court to grant them a day to take all the necessary statements

“We urge that you consider this Friday for convening for further directions,” he said.

The court however set strict timelines for the filing and exchange of documents.

Petitioners and supporting parties have until the close of business on January 15, 2025, to file and serve supplementary affidavits.

Meanwhile, respondents and opposing parties must submit their responses and supporting documents by January 22, 2025.

Additionally, the 8th respondent has been instructed to submit their filings as affidavits or annexures.

To ensure smooth coordination, the petitioners must designate a contact counsel who will liaise with respondents and interested parties regarding appearances for petitioners 2 to 7.

The matter will be mentioned before the Deputy Registrar on January 23 at 9:00 a.m. to confirm compliance with the filing deadlines.

Another mention is scheduled before the court on January 24, with virtual attendance permitted only in exceptional circumstances.

Hearing will be on January 27.

In the petition, Law Society of Kenya (LSK) said the abductions were conducted in dramatic fashion and in broad daylight, some under the glare of CCTV footage.

“The abductions have been conducted by men who conceal their identities by wearing civilian clothes, hoodies and face masks with motor vehicles normally linked to police operations,” the petition stated.

LSK further said motor vehicles bear fake number plates, a clear ploy to disguise and conceal their identity as they whisk away their victims to unknown destinations.

The petition added that despite the abductions being reported at various police stations, the police boss issued a contradictory statement where on one hand he claimed that there was no police station in the country that was holding the reported abductees, while on the hand admitting that the matter in question was Independent Policing Oversight Authority (IPOA).

The petition added that the abductions have caused pain, anguish and despair among family members and a huge public outcry by members of the public, religious organisation groups and the political class.

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He now wants to be expunged from a suit filed by the Law Society of Kenya and another by Senator Okiyah Omtatah, which have named him as a respondent.

The CS, who assumed office on December 19, 2024, said his role does not extend to the operational or command functions of the police.

According to him, his mandate is limited to policy direction.

Murkomen said the constitutional responsibility of protecting lives and property lies with the Inspector General of police.

Through his lawyer, Danstan Omari, Murkomen stated that his inclusion in the petitions is unconstitutional and lacks legal merit.

“We have laid it bare that the mandate of protection of security of property and lives lies with the Inspection general of Police. Murkomen is on policy but as a citizen of this country and as a CS in charge of Interior security is concerned about the abductions and that is why he is condemning them,” stated Murkomen’s lead lawyer Danstan Omari.

Omari said that as Interior CS, Murkomen’s responsibilities are confined to providing written policy directives to the Inspector General of Police and participating in the National Security Council, which is chaired by the President.

“Policy direction does not include command or operational oversight of the police. The police service enjoys financial and operational autonomy as guaranteed by the Constitution,” Omari said.

Murkomen has yet to issue any policy directives since taking office and is currently familiarizing himself with the ministry’s operations.

Omari confirmed plans to file for the CS’s removal from the lawsuits, saying, “The petitions are misplaced, and there is no lawful or constitutional basis to enjoin the CS.”

While distancing himself from the operational aspects of policing, Murkomen condemned the abductions and extended his condolences to affected families. He pledged to oversee thorough investigations and ensure that those responsible, whether police officers, civilians, or foreigners, are brought to justice.

“Those who have abducted the young Kenyans whether they are police officers, citizens, or foreigners will face the full force of the Kenyan law and the CS is determined that whoever has committed an offence shall be held liable. Nobody is above the law according to the CS for Interior,” said Omari.

Murkomen says he is in the process of convening a meeting with all criminal justice actors; the Director of Public Prosecutions (DPP), the Director of Criminal Investigations (DCI), and the Inspector General of Police to discuss the question of abductions.

He said the DPP has already directed the IG and DCI to complete investigations into the abductions and submit their findings by January 15, 2025.

“The CS has told us to tell the country to take notice that the DPP gave instructions pursuant to Article 157 of the constitution to the Inspector General of police and the DCI to conclude investigations of all abductions and files to be forwarded to the (ODPP) by close of business January 15, 2025,” said Omari.

“So let us not jump the gun, let us not interfere with the ODPP directives; it is an independent constitutional office; the IG is an independent constitutional office that only takes directions from the on matters investigations from ODPP. It does not take instructions from the office of CS Interior.”

As he settles into his new role, Murkomen is expected to develop and implement policies aimed at enhancing the Interior Ministry’s effectiveness in addressing national security challenges.

LSK and Omtatah have sued the CS, IG, DCI, and the National Intelligence Service (NIS) to explain the abductions.

The National Police Service (NPS) through its spokesman Dr. Resila Onyango has denied involvement in the abductions, indicating the NPS is conducting investigations into the matter.

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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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They also want the government to create a humble environment to enhance creation of more jobs.

They spoke at an event on Friday December 14 where over 200 Westwick Medical College students graduated.

Speaking during the event at the Lord Errol hotel, Mumias East MP Peter Salasya urged the government to use skilled graduates in the country to help boost the economy and reduce the rate of unemployment.

“I fault the government for exporting labour from the country to other countries, for instance I urge the government to utilize skilled and professional labour that arise from our graduates and make our country prosper.Its bad to export people rather than creating employment,” said the MP.

He added that even if the government decides to export 300,000 graduates it will still not address the issue of unemployment.

The MP urged Westwick College graduates to use the skills they obtained to create employment opportunities.

Westwick College Marketing director Rehema Musa said that the college was proud to have trained various students from all over the globe.

“We intend to open more branches of our colleges across the country,” she said.

“As Westwick college, we are proud to have trained several medics who will now help the country address the alarming challenges arising from the health sector in the country.”

She said the college had  trained several medics who will now help the country address the alarming challenges arising from the health sector.

Students who spoke during the graduation said that, they were happy for what they have learned from the college.

“Being at this college as a mere student and now leaving as a medic is a proud thing for me,” said one student.

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This is after DCI detective corporal Irene Karegi sought 14 days to allow her complete the investigation.

Karegi told senior Principal Magistrate Gilbert Shikwe that they need more time to conduct an age assessment on the minor and take a DNA test to establish whether the minor had been defiled by the time she was rescued.

The DCI also want to publicize the suspects’ identities to encourage other potential victims to come forward.

“This Honorable Court be pleased to issue custodial orders that the Respondent herein be detained for a period of fourteen (14) days from today at Kilimani Police Station in Nairobi to allow the applicant through NO.249118 pc/w Irene karegi and or any other police officer and investigator(s), attached to it complete investigations on cases of defilement contrary to section 8(1)(3) of sexual offences act No.3 of 2006 and kidnapping contrary to section 257 of the penal code Cap 63 laws of Kenya,” read the court documents.

According to the police, the suspects, lan Chege, Ismail Mohammed Hammed, Adnan Hussein Jele, Abdirahman Mohamed Ahmed are being accused of holding the juvenile in a short stay apartment in Nairobi West.

The juvenile went missing on December 7.

The mother of the minor, said she had tried to trace her daughter through friends but was unsuccessful.

“When she couldn’t find her, she decided to seek police assistance,” police said.

Police investigations led to the rescue of the juvenile at the Nairobi West apartment, where officers found her in the company of the suspects.

“We found the minor in distress, and preliminary investigations indicate that she had been defiled,” the court was told.

“The suspects seemed to be under the influence of drugs at the time of the arrest.”

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Maasai died from excessive bleeding after being shot by police, sustaining a fatal wound in his left thigh.

Rex’s father, Chris Pine Odao, an engineer and Siaya County resident recounted the tragic events of the incident.

“On that day, I was on duty within the CBD and left for home in Komarock, Kayole, feeling unwell. I arrived at 3 pm and stayed indoors watching the protests on TV. At around 7 pm, I received a call from my wife, Jillian Mwuyao, crying and saying, Rex is dead. Rex has been shot,” he said.

He told Milimani magistrate Geoffrey Onsarigo that his wife and businesswoman Jillian, informed him that Rex had been taken to Bliss Hospital, where his colleagues had rushed him after he was shot.

“We went to the hospital and found Rex’s body, covered in blood. The doctor confirmed he had already passed on from excessive bleeding caused by a bullet wound on his left thigh,” Chris added.

Chris said a police officer in civilian clothes was present at the hospital but refused to identify himself.

“The doctor told us the bullet was still lodged in his body. However, the police claimed we could not move the body to the mortuary as it was a criminal case,” Chris said.

According to the father, Rex, who worked at a casino in Westlands, was with his colleagues when the incident occurred.

His brother, Wesley Joe, a student at ICS College, said; “I was at my friend’s place in Donholm when my mom called me around 8 PM, telling me Rex had been shot. We rushed to Bliss Hospital, but we found him already dead. The doctor told us he had a gunshot wound on his thigh.”

The family waited for hours before police from Central Police Station arrived around midnight to transfer Rex’s body to City Mortuary.

“We had no choice but to accompany them. We left the hospital at 1 am, and the post-mortem was scheduled for the following morning,” Chris said.

On June 21, 2024, the post-mortem was conducted after delays caused by the absence of police officers to witness the procedure.

“It wasn’t until Honorable Sifuna intervened and called the police that they showed up around noon. The post-mortem was conducted by our family doctor and government pathologist Johansen,” Chris said.

The pathologist claimed the bullet had exited Rex’s body, contradicting the earlier statement from Bliss Hospital that it was still lodged.

“The doctor at Bliss Hospital told us the bullet was still lodged in his body, but the pathologist said the bullet exited through the front,” said Chris.

The family moved Rex’s body to Lee Funeral Home with the help of sponsorship from Wavinya Ndeti.

On their part, two police officers, Constable Isaiah Murangiri Duba and Benson Kamau, denied being in the scene where Rex Masai was shot and killed.

Constable Benson Kamau, who is stationed at Central Police Station, recalled his deployment on June 20.

He told magistrate Onsarigo that he reported to work at 5 a.m. and was issued a pistol with 15 rounds of ammunition before being assigned to Museum Hill alongside his colleague, PC Moses Maroa.

According to Kamau, the two officers conducted foot patrols throughout the day, monitoring the area for potential protests.

“There were no protests during our shift,” Kamau told the court.

“We were told to check for protestors, but there was nothing to report. After our shift ended at 6 p.m., I returned my firearm to the armory, had dinner at the officers’ mess, and took an Uber home to Kiambu. I got home around 9 p.m.”

He further said that he had not visited the CBD during that week and denied firing any bullets.

“I did not conceal my face, and I don’t know Rex Masai. I have no idea why my name has been mentioned in this case.”

Corporal Isaiah Murangiri Duba also provided his version of events on his deployment on June 20.

He stated that he reported to Central Police Station at 5 a.m., where he was issued a firearm designed to launch tear gas canisters.

He was then deployed to the KICC area with another officer, PC Were.

“We were on duty at the main entrance to KICC,” said Duba.

“I was in civilian clothing—a khaki trouser, a T-shirt, and a black jacket. Although we could see demonstrators from a distance near the Supreme Court and Parliament, none came close to where we were stationed.”

Duba said that he did not fire any tear gas canisters or bullets during his shift.

“The demonstrators never reached our position, and by 6 p.m., things were calm. We were picked up by a vehicle, returned to the station, and I went home to Ngara.”

Both officers have rejected any accusations of misconduct.

Duba stated, “I don’t know Rex Masai, and I was not near City Mortuary on June 21.”

He said that he continued reporting to work as usual after June 20.

While Duba acknowledged disposing of a previous phone line, he maintained that he had no knowledge of its subsequent use.

“I disposed it off when I stopped using my line but I don’t know where it went to after I removed it from my phone.”

The post Family of Rex Masai Seeks Justice Over His Death in Anti-tax Protests  appeared first on KahawaTungu.

While setting aside trial magistrate Douglas Ogoti’s ruling, High Court judge Justice Nixon Sifuna held that the trial magistrate fell into grave error by failing to consider evidence given in each count.

Sifuna said that the amended charge sheet had replaced and superseded the original, rendering it null and void.

Judge Sifuna said Magistrate Ogoti relied on the original charge sheet in his ruling, an error he equated to “using a wrong marking scheme to mark an examination.”

Sonko was initially charged with an original charge sheet filed on January 27, 2020 with eight counts and a subsequent amended charge sheet filed on September 7, 2020 with 13 counts.

The High Court directed that the case be heard afresh by a different magistrate, beginning with a ruling under Section 210 of the Criminal Procedure Code on whether a prima facie case has been established.

The new magistrate has been given 30 days to make this determination based on the evidence presented so far.

“In the end I find that magistrate in arriving at the impugned ruling fell into error this appeal succeeds and is therefore allowed,” ruled Sifuna.

“The ruling delivered by Magistrate Ogoti is hereby set aside Consequently the trial court acquittal of respondents is hereby set aside. This case shall be retried by a magistrate other than trial magistrate Ogoti who shall start by making a fresh ruling under section 210 of the CPC on the basis of the evidence so far adduced. The said ruling be made within 30 days.”

Sifuna criticized the trial court for failing to assess each count independently, instead issuing a generalized ruling.

He also dismissed the trial court’s ruling that the charges were defective, saying that the courts ought to determine cases on merit and substantive justice and not on procedural technicalities.

While acquitting Sonko and his co accused, trial magistrate Douglas Ogoti said the charge sheet was defective and from the 19 witnesses who testified, the evidence was not sufficient to place Sonko in his defence.

“The accused persons, therefore, have no case to answer,” he said.

Sonko was accused of embezzling funds by awarding dubious contracts. The money was allegedly wired back to his personal accounts on different dates.

The charges against them included money laundering, conflict of interest, abuse of office, acquisition of public funds and conspiracy to commit an economic crime.

Sonko was accused of corruptly receiving over Sh25 million through proxies.

One of the tenders was for the supply and implementation of an electronic revenue collection and payment system.

They allegedly committed the offence between July 1, 2018, and January 31, 2019.

The post Blow to Sonko as High Court Orders Retrial in Graft Case appeared first on KahawaTungu.

The orders were granted following a petition filed in court challenging the legality and implementation of the directive issued on November 28, 2024.

High Court judge Justice Bahati Mwamuye further barred any disciplinary action or removal from office of the Chief Executive Officers (CEOs) tor various entities due to non-compliance with the directive.

Mwamuye restrained the Cabinet Secretary for National Treasury and Immigration Principal Secretary and any other individuals from enforcing the directive pending hearing and determination.

“Pending the inter parties hearing and determination of the Application dated 05/12/2024, a conservatory order be and is hereby issued prohibiting the removal from office of the 35th to 68th Interested Parties or the initiation or continuation of any disciplinary action against them based on the grounds of their failure to implement and/or operationalize the directive issued on 28/11/2024 with respect to the 1st to 34th Interested Parties being directed to compulsorily onboard and/or migrate to the e-Citizen Services Platform,” ruled Mwamuye.

The petitioners were directed to serve the petition on the respondents and interested parties by December 13, 2024.

Proof of service must be filed by December 16, 2024.

Respondents and Interested Parties must file their responses by January 3, 2025.

Petitioners have until January 10, 2025, to submit rejoinders if necessary.

Written submissions by the Petitioners and supporting Interested Parties must be filed by January 17, 2025.

Submissions from the Respondents and opposing Interested Parties are due by January 24, 2025.

The court has scheduled the highlighting of submissions for January 31, 2025.

The petitioners, Kituo Cha Sheria and advocate Hillary Mokaya, in their petition termed the notices as inconsistent with the constitution as they were issued without public participation and lack the necessary legislative framework.

They argued that it lacks adequate consideration for millions of Kenyans who may be unable to access digital platforms due to limited internet connectivity, affordability, or technological literacy.

It was also their argument that Ruto allegedly usurped his powers by compelling the entities to onboard the platform within one week, thereby exceeding his constitutional mandate.

“The President’s directive and its implementation contravenes the law vesting the responsibility of proper management of the affairs of the 1 to 34th interested parties in their respective Boards, council, or commission,” read the court documents.

The directive, issued on November 28, 2024, compels 34 government entities to onboard their services onto the e-Citizen platform within a week.

It also threatens CEOs of non-compliant institutions with dismissal.

Kituo Cha Sheria contended that such a move not only infringes on citizens’ rights but also exposes key government agencies to risks of operational disruption.

They asked the court to issue an order preserving the status quo and restrain the removal from office of CEO’s of various entities for failing to implement Ruto’s directive onboard eCitizen Services within one week.

“Pending the hearing and determination of this Petition, an order do hereby issue preserving the status quo and to staying or restrain the removal from office of the 35th to 68th Interested Parties on grounds of failure to implement and/or operationalize the directive, issued on 28 November 2024, by H.E. the President,” read the court documents.

They cited the Independent Policing Oversight Authority an interested party in the case which they say is not subject to any person or office in the performance of its functions.

Its independence and dignity it says must be safeguarded.

The affected institutions include but are not limited to Tana Athi Water Works Development Agency, Kenya Power, various banks and their CEOs .

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The petitioners Kituo Cha Sheria and advocate Hillary Mokaya, termed the directive as inconsistent with the constitution as they were issued without public participation and lack the necessary legislative framework.

They argue that it lacks adequate consideration for millions of Kenyans who may be unable to access digital platforms due to limited internet connectivity, affordability, or technological literacy.

They added Ruto usurped his powers by compelling the entities to onboard the platform within one week, thereby exceeding his constitutional mandate.

“The President’s directive and its implementation contravenes the law vesting the responsibility of proper management of the affairs of the 1 to 34th interested parties in their respective Boards, council, or commission,” read the court documents.

The directive, issued on November 28, 2024, compels 34 government entities to onboard their services onto the e-Citizen platform within a week.

It also threatens CEOs of non-compliant institutions with dismissal.

Kituo Cha Sheria contends that such a move not only infringes on citizens’ rights but also exposes key government agencies to risks of operational disruption.

They have asked the court to issue an order preserving the status quo and restrain the removal from office of CEO’s of various entities for failing to implement Ruto’s directive onboard eCitizen Services within one week.

“Pending the hearing and determination of this Petition, an order do hereby issue preserving the status quo and to staying or restrain the removal from office of the 35th to 68th Interested Parties on grounds of failure to implement and/or operationalize the directive, issued on 28 November 2024, by H.E. the President,” read the court documents

The post Kituo Cha Sheria sues over Ruto order on e-citizen platform appeared first on KahawaTungu.

The residents, who are fishermen, claim to have a legitimate stake and legal interest in the contested property, which spans over 1,000 acres.

Through their lawyer, Danstan Omari, the residents accuse two companies Goodson Nine Limited and Goodson Fifty Three Limited of colluding with others to unlawfully acquire their land.

The residents allege that the companies, backed by influential businessmen, used fraudulent means to secure ownership of the land.

High Court judge Justice Bahati Mwamuye on November 14, issued orders restraining the Directorate of Criminal Investigations (DCI) and the Director of Public Prosecutions (DPP) from prosecuting businessman Alex Githinji.

The orders also barred the DCI from investigating any matters related to the purchase of the disputed land.

In their application, the residents want the court to vacate the ex parte orders, arguing that the directives have a likelihood of adversely affecting and further derogating their rights.

They contend that their exclusion from the case would result in significant prejudice, as they are the rightful owners.

“There are ex parte orders granted in favor of the petitioner which derogates the constitutional rights of the Applicants/intended 4th & 5th respondents and as such it is just in the circumstance for them to be joined as parties in this petition,” read the court documents.

The petitioner, businessman Alex Githinji, says that his acquisition of the land was lawful.

He claims to have conducted due diligence before finalizing the purchase, including an official land search that confirmed the parcels’ ownership by Abdillahi Farh Haji.

Githinji argued that the DCI’s attempts to investigate him are baseless and malicious.

“The Petitioner with a view of helping the interested party to purchase purchasing of the suit property, carried out due diligence to ascertain the authenticity of the ownership of the suit property and traced it to the vendors who sold the same to him,” read court documents.

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