The High Court ruled that spouses do not automatically hold equal rights or beneficial interests in matrimonial property, even when such property is jointly registered. Instead, ownership depends on each spouse’s monetary or non-monetary contribution to the acquisition or improvement of the asset. This was the finding in a judgment delivered, where Henry Nditika Mwaura sought a declaration of fair distribution of a property registered in both his and his former wife’s name in accordance to contribution. The court found that Mwaura had solely financed the purchase and development of the property known as Title Number 19928/4 (Original No. 19928/18/2),…
Author: Pinnah Mokeira
Deputy Inspector General of Police (DIG) Eliud Kipkoech Lagat refuted claims that he resigned from office or acted outside the law in temporarily stepping aside Lagat dismissed the allegations as speculative, misleading, and without legal foundation. In a replying affidavit filed at the High Court, Lagat responded to a petition by Eliud Karanja Matindi that challenges the legality of his temporary exit and the subsequent designation of a replacement. Lagat contended that his decision to take administrative leave on June 16, was lawful and grounded in principles of public accountability. According to Lagat, the leave followed heightened public scrutiny and…
A Kibera magistrate court ordered the Kenyatta National Hospital and Nairobi Women’s Hospital to avail medical records of a 29 year old man suspected of having committed two murders at Kenyatta National Hospital. Principal magistrate Daisy Mutahi also ordered the suspect Kennedy Kalombotole be detained at Kilimani police station until July 29, when the medical report will be availed. Kalombotole was arrested after preliminary investigations linked him to the murder of Edward Mainge Ndegwa at Kenyatta national hospital 7th floor ward 7C on July 17. He is also suspected to have committed another murder on the night of 6th and…
Two prominent East African human rights defenders, Agather Atuhaire, a Ugandan lawyer and journalist, and Boniface Mwangi, a renowned Kenyan activist, have filed a petition at the East African Court of Justice (EACJ) against the governments of Tanzania, Uganda, Kenya, and the Secretary General of the East African Community. In the petition, they are seeking “full accountability” and redress for what they describe as unlawful arrest, inhumane treatment, and deportation while attempting to attend the trial of Tanzanian opposition leader Tundu Lissu. The suit, filed as reference No. 21 of 2025, follows a sequence of events on May 18–19, 2025,…
A Magistrates Court in Nairobi found nominated Senator Gloria Orwoba guilty of defaming the Clerk of the Senate Jeremiah Nyegenye through unsubstantiated claims of sexual harassment made on social media. In a judgment delivered by Magistrate Ruguru Ngotho, the court ruled that Orwoba’s posts on her WhatsApp status, Facebook page, and X (formerly Twitter) accusing the Senate Clerk of making sexual advances were defamatory, malicious, and unsupported by evidence. The court awarded Nyegenye, who serves as the Clerk of the Senate and Secretary to the Parliamentary Service Commission, Sh8 million in general damages and an additional Sh2.5 million in exemplary…
An urgent application was Monday filed in court seeking to compel government agencies to produce Hussein Abdirahman Mohamed, an Assistant County Commissioner and Manager at Huduma Centre in Wajir. He disappeared on July 8, 2025. In the petition, Mohammed’s lawyer Danstan Omari described his disappearance as “mysterious and deeply concerning.” Omari now wants the court to direct the relevant authorities to present Mohamed before the court by July 14. He alleged that there is credible reason to believe that the missing public servant is being held incommunicado and that the Attorney General, the Inspector General of Police, and the Director…
The High Court dismissed a petition challenging the legality of the selection and nomination of the new Chairperson and Commissioners of the Independent Electoral and Boundaries Commission (IEBC). The court however quashed their formal appointments for having been made in violation of court orders. In a ruling delivered by a three-judge bench comprising Lady Justice Roselyne Aburili (presiding), Justice John Chigiti SC, and Justice Bahati Mwamuye found that Gazette Notice No. 7724 and No. 7725, both dated June 10, were published in contravention of interim conservatory orders issued by the court on May 29. The notices had formally appointed Erastus…
The High Court Wednesday issued orders restraining the Inspector General of Police Douglas Kanja from mounting barricades, erecting roadblocks, or restricting access to the Nairobi Central Business District (CBD) and its surrounding streets without issuing prior notice. Justice Lawrence Mugambi directed that members of the public must be given timely advisories ahead of any planned or emergency barricading to allow for adequate planning of their activities. The order will remain in force pending the hearing and determination of the application. “Pending the hearing and determination of this application, a conservatory order is hereby issued restraining the first respondent the inspector…
The High Court certified as urgent a petition seeking to stop the construction of a multi-billion shilling megachurch at the State House Complex in Nairobi. The petitioner is challenging the construction of the church which is allegedly valued at Sh1.2 billions on grounds that it is being carried out on public land, without public participation or parliamentary approval, and risks violating constitutional provisions, including the doctrine of separation of church and state. “If the construction is allowed to progress, there is an eminent risk of a gross dilution of the Constitutional dictates on religion and the rise of religious tension…
Human rights advocate and lawyer, Shadrack Wambui, moved to the High Court seeking anticipatory bail, claiming that he is facing imminent arrest by state security agencies acting on political instructions. In an urgent application filed through his lawyer, Danstan Omari, Wambui alleges that the Directorate of Criminal Investigations (DCI) and the Director of Public Prosecutions (DPP) are part of a larger scheme aimed at intimidating and silencing him over his civic activism, particularly his role in a peaceful protest held on June 25, in Ongata Rongai, Kajiado North Constituency. According to court documents, Wambui believes that his intended arrest is…
The Law Society of Kenya (LSK) filed a petition seeking the immediate release of a missing activist, who was allegedly abducted by plain-clothed police officers last week in Kinoo. In the urgent application filed, the court is being asked to issue immediate habeas corpus orders compelling top security officials to immediately produce Ndiangui Kinyangia, who was reportedly abducted on June 21, 2025, in Kinoo. According to court documents, Kinyagia was abducted on June 21, 2025, by masked individuals driving unmarked Subaru vehicles with distorted number plates. He was reportedly taken from his residence at 1313 Apartments along the Nairobi-Nakuru highway.…
The High Court Wednesday temporarily suspended a directive issued earlier today by the Communications Authority of Kenya (CA), which ordered all television and radio stations to stop live coverage of public demonstrations. The directive, which media stakeholders say threatens press freedom and public accountability, has been suspended pending the determination of the application The order was issued by Justice Chacha Mwita, who found that the application raises serious constitutional issues related to the Bill of Rights and media freedom. “I am satisfied that they raise fundamental constitutional questions touching on potential violation of the Bill of Rights and freedom of…
Six suspects accused of killing teacher an blogger Albert Ojwang failed to take plea today after being arraigned at the Kibera Law Court. This is after lady Justice Diana Kavedza was told that two of the suspects had no legal representation. The court subsequently ordered the Deputy registrar to appoint lawyers for two suspects. The accused include Officer Commanding station (OCS) Samson Kiprotich Talaam, Police Constables James Mukhwana and Peter Kimani Alias Kim, John Ngige Gitau alias Kinara, Gin Ammitou Abwaovalias Gilbeys and Brian Mwaniki Njue. “The third and fourth accused persons are unrepresented, this matter shall be stood over…
Criminal lawyer Danstan Omari strongly defended the Director of Public Prosecutions (DPP), Renson Ingonga, following a public backlash over the recent court’s decision to discharge blogger Rose Njeri. Njeri had been accused of cyber harassment and computer misuse crime Speaking out after the ruling by Principal Magistrate Geoffrey Onsarigo, Omari decried what he termed as “misguided criticism” directed at the DPP. He said the decision to charge Njeri was legal, constitutionally grounded, and within the scope of the DPP’s powers. “The Office of the Director of Public Prosecutions is established under Article 157 of the Constitution. The DPP has exclusive…
A Nairobi Milimani court allowed the police to detain two police officers accused of shooting a mask vendor during demonstrations in Nairobi’s Central Business District over the death of teacher Albert Ojwang in police custody. The two, Klinzy Barasa Masinde and Duncan Kiprono will be detained at Capitol Hill police station for 15 days pending investigations by the Independent Policing Oversight Authority (IPOA). The Director of Criminal Investigations (DCI) had sought 21 more days to complete its investigations. The officers allegedly shot Boniface Mwangi Kariuki on June 17, along Mondlane Street as police dispersed demonstrators. According to Corporal Nahshon Zoka…