Former Cabinet Secretary Raphael Tuju has accused the government of political persecution, alleging that his prosecution is linked to his political associations, including his relationship with Wiper Party leader Kalonzo Musyoka. Appearing before Kibera Chief Magistrate Stella Atambo, Tuju told the court that he believed he was being targeted because of his political affiliations, claiming that President William Ruto had criticised him at a political rally for associating with people he considered undesirable. Tuju maintained that his case was politically motivated, questioning the charge that he had given false information to a public officer regarding his alleged abduction. “For all…
Author: Pinnah Mokeira
The Court of Appeal has declined to certify as urgent an application by the Attorney General seeking to suspend a High Court judgment declaring Kenya’s Cabinet unconstitutional for failing to comply with the two-thirds gender rule. The appellate court instead directed the parties to serve and exchange submissions within 30 days, as the state challenges the June 30 judgment requiring the government to ensure Cabinet appointments comply with the constitutional gender requirement within 120 days. The Attorney General is challenging the decision by a three-judge High Court bench that found the Cabinet’s composition in violation of Article 27(8) of the…
The High Court in Nairobi has ruled that President William Ruto’s directives reserving 20 per cent of affordable housing units for teachers and police officers have no legal effect without a statutory or policy basis. Justice Patricia Mande Nyaundi, sitting at the Milimani Law Courts, on Thursday declared that the presidential pronouncements could not lawfully alter or supplement the allocation criteria established under the Affordable Housing Act, 2024, and its regulations. The ruling followed a constitutional petition filed by lawyer John Maina Ndegwa and Marshalls Tito Ongoya challenging announcements made by the President on June 3 and September 13, 2025,…
The High Court in Kisumu has halted the removal, transportation and disposal of railway scrap metal and other infrastructure materials belonging to Kenya Railways Corporation amid allegations that public assets are being moved to a private yard without proper documentation. Justice Joe M. Omido issued interim conservatory orders on Thursday, October 29, 2026, barring Kenya Railways Corporation, its managing director and two private logistics firms from dealing with the materials pending further directions from the court. The orders followed an urgent petition filed by human rights defender Julius Ogogoh and the Centre for Litigation Trust, who allege that railway scrap…
The Environment and Land Court in Thika has halted the planned construction of an affordable housing project on a 58-acre parcel of land in Githunguri, Kiambu County, pending the hearing and determination of a petition challenging the development. Justice Jacqueline Mogeni issued conservatory orders restraining the government and other respondents from undertaking any construction, excavation, fencing or other activities on the disputed land, which the petitioners say is a gazetted Agikuyu cultural heritage site. The court also directed that the status quo prevailing before February 21, 2026, be maintained. The petition was filed by Reuben Gichungu Kung, James Nene, Kimani…
The Judiciary has begun preparations for the 2027 General Election, with Chief Justice Martha Koome announcing plans to train more than 400 judges and judicial officers to strengthen the resolution of electoral disputes. The training programme, spearheaded by the Kenya Judiciary Academy and the Judiciary Committee on Elections (JCE), is aimed at ensuring election-related cases are handled competently, impartially and within the timelines prescribed by law. In a statement outlining the preparations, Koome said the initiative would enhance the capacity of courts to deal with disputes arising before and after the elections, including election petitions and cases involving emerging electoral…
A human rights organisation has moved to the High Court in Nairobi seeking orders compelling security agencies to produce Tanzanian opposition activist Twaha Mwaipaya, who was allegedly abducted by armed men in Kamulu, Machakos County. Vocal Africa, through Mango Law & Company Advocates, has filed an urgent habeas corpus application seeking to establish Mwaipaya’s whereabouts and secure his release following his alleged abduction on Sunday, October 25, 2026. The activist, a former national mobilisation coordinator of CHADEMA’s youth wing, BAVICHA, was reportedly travelling in a Bolt taxi with a friend when their vehicle was intercepted by occupants of a black…
A petition has been filed at the Employment and Labour Relations Court seeking to suspend the ongoing recruitment process at the Kenya Medical Training College (KMTC), accusing the institution of violating constitutional and statutory requirements governing public service appointments. In a petition filed by advocate Charles Mugane of Mugane Law LLP, the court is being asked to halt recruitment for several positions, including Chief Principal Lecturer, Senior Principal Lecturer I and II, Senior Assistant Director of ICT and Assistant Director of Human Resource Management. Mugane challenges recruitment advertisements published on October 5 and October 21, 2026, arguing that the process…
A coalition of human rights organisations has petitioned the High Court in Nairobi over what they describe as an escalating pattern of organised violence targeting political gatherings, religious services, journalists and civic activities ahead of the 2027 General Election. The petition, filed by the Kenya Human Rights Commission (KHRC), Katiba Institute, the Independent Medico-Legal Unit (IMLU) and three individuals, accuses state institutions of failing to prevent attacks, investigate reported incidents and prosecute those responsible. The petition sued the Attorney-General, the Director-General of the National Intelligence Service, the Inspector-General of Police and the Cabinet Secretary for Interior and National Administration. The…
Popular TikToker Joseph Gitonga Kihanya, popularly known as Gitonga Archives, will undergo a mental assessment at Kenyatta National Hospital following his arrest over failure to attend court in a case in which he is accused of extortion. The directive was issued by City Court Magistrate Grace Ouko on Monday after Gitonga was brought before the court following his arrest in Nakuru and subsequent transfer to Nairobi. His arrest followed a warrant issued on October 1, 2026, after he failed to appear for proceedings in the case. Gitonga’s lawyer, Joshua Nyamori, had earlier urged the court to reinstate his bail, attributing…
An Equity Bank employee was released on a cash bail of Sh200,000 after denying charges of hacking the bank’s computer system, attempting to steal from the financial institution and conspiring to commit a felony. Ian Muhia Maina appeared before Milimani Resident Magistrate Irene Thamara, where he pleaded not guilty to three charges arising from allegations that he duplicated two user profiles on the bank’s Finacle banking platform in a suspected theft plot. The court granted him cash bail of Sh200,000 or an alternative bond of Sh600,000 pending further proceedings. According to the charge sheet, Maina allegedly committed the offences on…
The High Court in Nyeri has declared the mandatory nature of the death sentence for robbery with violence unconstitutional. In a judgment delivered on October 13, 2026, Justice Kizito Magare found that Section 296(2) of the Penal Code, which requires courts to impose the death sentence for robbery with violence, violates constitutional protections, including the right to a fair trial, human dignity and freedom from cruel, inhuman or degrading punishment. The court held that the decision does not invalidate the death penalty itself but removes the requirement that it must be imposed in every case involving a conviction for robbery…
Former Kiambu Governor Ferdinand Waititu, his wife Susan Wangari Ndung’u and two co-accused will return to court next week as they await directions from the High Court on sentencing over money laundering charges linked to a Sh588.7 million road construction tender. The Milimani Anti-Corruption Court on Thursday scheduled the matter for mention on October 27 at 11am after being informed that directions issued by the High Court were awaiting publication on the Judiciary’s Case Tracking System (CTS). The directions were sought after the prosecution and defence disagreed over the persons who should be subjected to sentencing following the High Court’s…
The High Court in Nairobi has found lawyer Omondi Patrick Churchill Midwa in contempt of court for failing to account for and release money belonging to a client from the sale of a property, giving him an opportunity to comply with the orders before sentencing. Justice lady justice Josephine Wayua Mongare ruled that Midwa had failed to comply with court orders requiring him to account for all money received while acting for Mridula Bhadresh Patel in the sale of House No. 3 on Nairobi Block 35/195 and release the funds held by his law firm from the transaction. The court…
Former Nairobi Governor Mike Sonko has moved to the High Court seeking to nullify the 2021 judgment that upheld his impeachment. He argued that the decision was tainted by judicial misconduct later established in separate proceedings against former judge Said Juma Chitembwe. In a constitutional petition filed in Nairobi, Sonko wants the judgment declared a mistrial and a nullity, contending that Chitembwe’s failure to disclose his relationship with him or recuse himself undermined the fairness and integrity of the proceedings. Sonko argued that the Supreme Court’s December 2023 decision upholding a tribunal’s recommendation for Chitembwe’s removal from office provides grounds…