The High Court Wednesday ordered the Inspector General (IG) Douglas Kanja and the Director of Criminal Investigations (DCI) Mohammed Ibrahim Amin to appear in court on January 27, at 9:30 a.m. to give a report on recent abductions 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…
Author: Pinnah Mokeira
Interior Cabinet Secretary Kipchumba Murkomen has distanced himself from the recent wave of abductions in the country. 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,…
The High Court overturned a 15-year prison sentence imposed on a man accused of defiling a 16-year-old girl 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…
A section of leaders want the government to stop what they termed as exportation of labor. 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…
The Directorate of Criminal Investigation(DCI) was Friday granted five days to detain five suspects linked to the kidnapping and defilement of a juvenile. 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…
The family of the late Rex Masai, who was shot during the anti-Finance Bill 2023 protests in Nairobi on June 20, 2024, is now seeking justice. 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…
The High Court ordered a retrial in the corruption case against former Nairobi Governor Mike Sonko, overturning the trial court’s decision to acquit him. 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…
The High Court Wednesday temporarily suspended president William Ruto’s directive requiring several public entities to migrate to the e-Citizen Services Platform. 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…
Kituo Cha Sheria moved to court seeking to halt the implementation of President William Ruto’s directive requiring all government entities to fully integrate their services onto the e-Citizen platform within one week. 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…
Over 2,000 residents of Lamu County have filed an application at the Milimani Law Courts seeking to be enjoined in a land dispute involving prime parcels of land on Manda Island. 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.…
Kenya small scale farmers forum and six other petitioners have challenged the High Court’s decision that dismissed their petitions opposing the Cabinet’s 2022 resolution to lift the ban on the cultivation, importation, and sale of Genetically Modified Organisms (GMOs) in Kenya. They argue that the ruling, which declared the matter res judicata, opens the door for irreversible actions that could undermine their fundamental rights and the rights of all Kenyans. In the petition filed before the Court of Appeal under a certificate of urgency, the petitioners seek conservatory orders stopping the lifting of the ban previously granted on December 15,…
The High Court Monday issued orders suspending the privileges and immunities granted to the Bill and Melinda Gates Foundation under a legal notice issued by the government earlier this year. High Court judge Justice Bahati Mwamuye, temporarily suspended the privileges following a petition filed by the Law Society of Kenya (LSK), challenging the legality and implications of the special status granted to the global philanthropic organization. The judge ordered that pending hearing and determination of the case, the privileges and immunities granted to the foundation under the Privileges and Immunities Act and a Cooperation Agreement with the government be temporarily…
A middle aged man was Thursday charged in a Nairobi milimani court with allegedly carrying a weapon in a manner that caused fear among the public at Harambee House. Anthony Mwaura Wanjege is accused of going armed in public without a lawful excuse, contrary to Section 88 of the Penal Code. According to the Prosecution, Wanjege was found with a sword in a public space, an act believed to have caused terror among bystanders. The incident occurred on the morning of November 13. Wanjege however denied the charges and was released on a cash bail of Sh150,000 with an alternative…
The High Court blocked the Annual General Meeting of Utumishi Investment Limited slated for November 19 This is after the members of the Kenya Police Sacco moved to court seeking orders restraining Utumishi Investments officials from holding any meetings pending hearing and determination of the application. Milimani Commercial Judge Josephine Mong’are certified the matter urgent, issuing an order that Utumishi, Ruaraka Housing Estate Ltd, and Kenya National Police DT Sacco are barred from calling, organizing, convening, or holding any AGM until the court has made a determination on the matter. “The said application be mentioned for directions on 19/12/2024. In…
The High Court has barred Mathe Wa Ngara from dealing with the assets/properties, vehicles and rental incomes alleged to be proceeds of crime. The ruling was delivered following an urgent application by the Assets Recovery Agency (ARA). Justice Benjamin Mwikya Musyoki froze multiple assets, including properties in Juja and Vihiga County including the Georgina Apartments Incomes generated from the properties will be secured in a designated ARA account at Kenya Commercial Bank, pending hearing and determination of the intended forfeiture application. In addition to the properties, several motor vehicles registered under the names of the respondents have also been seized.…
A Nairobi milimani court on Monday released seven people accused of defrauding the National Hospital Insurance Fund (NHIF) of millions of shillings through false medical claims and impersonation on bail. The accused persons Joseph Oduor Okoth, Otieno Kennedy Tindi, John Muli Mulandi, Mohammed Ali Bwana Mkuu, Sharon Muoko Nyakundi, Risper Morara kibati and Joy Nursing and Maternity Eastleigh were released on bail after denying all the charges against them. It is alleged that Joseph Oduor Okoth posed as a licensed medical doctor, signing documents under the name “Dr. Mustafa Kanabai” despite lacking valid medical qualifications. According to the prosecution, Okoth,…