A Jomo Kenyatta International Airport (JKIA) magistrate’s court is expected to rule on May 9 whether it will hear a miscellaneous application by the Director of criminal Investigations DCI) seeking to detain five suspects for 30 days in connection with the murder of Kasipul MP Charles Were pending investigations. When the matter came up for hearing Thursday, lawyers representing the suspects strongly objected to the application, arguing that the court lacked territorial jurisdiction to hear the matter. “This court lacks territorial jurisdiction to entertain the application before it,” said lawyer Danstan Omari, appearing alongside Cliff Ombeta, Shadrack Wambui, and Sam…
Author: Pinnah Mokeira
Legal team representing businessman Philip Aroko are now challenging what they describe as an unlawful and politically motivated detention by the Directorate of Criminal Investigations (DCI) in connection with the murder of Kasipul MP Charles Were. Aroko, presented himself voluntarily at DCI headquarters and was later booked at Gigiri cells on May 7 after the DCI issued a highly publicized statement declaring him a wanted person. According to his lawyer, Danstan Omari, the applicant has since been held incommunicado denied bail, access to legal counsel, and visitation by family members. In the documents filed in court, Omari argues that the…
A Jomo Kenyatta International Airport (JKIA) Chief Magistrate court allowed the Director of Criminal Investigations (DCI) to detain four suspects linked to the murder of Kasipul Member of parliament Charles Ong’ondo Were for 30 days pending probe. The suspects William Imoli Shighali, Juma Ali Haikal, Douglas Muchiri Wambugu, and David Mihigo Kagame will remain in custody for 30 calender days pending investigations. The four were arrested in different parts of Nairobi. They will be held in separate police stations including Ruaraka, Muthaiga, Capitol Hill, and Kilimani. The court heard that the Shighali, Wambugu and Kagame were arrested in the Roysambu…
The High Court released four police officers charged in connection with the murder of Baby Pendo on a personal bond of Sh200,000. While granting the release, lady Justice Margaret Muigai said there were no compelling reasons presented by the prosecution to deny them bond. However, the officers were directed not to go near any prosecution witnesses, not to interfere with evidence, not to engage in any criminal activity, not to leave the court’s jurisdiction, and to ensure they attend all court sessions as required. “I have deliberately told you the five requirements so between now and the seven days I…
The High Court in Nairobi nullified a Sh25.3 million tender awarded by the Trans Nzoia County Government for the renovation of Kenyatta Municipal Stadium and the construction of sheds. Justice Nixon Sifuna held that the award of the contract to Koyi Building Contractors, owned by Robert Simiyu Wambulwa, and the subsequent disbursement of public funds violated the law and resulted in the loss of more than Sh25 million in public money. The Ethics and Anti-Corruption Commission (EACC) had sued the county’s head of chain supply manager, architect and the contractor. “There was no lawful budget to support the procurement,” said…
A businessman suffered a major set back after the High Court declined to freeze bank account belonging to a city law firm over Sh50 million land dispute. Rama Hamisi Bindo had sought orders to block transactions from Kipkenda & Company Advocates bank account held at African Banking Corporation Limited. Bindo alleged that the law firm breached a professional undertaking by failing to remit Sh40 million from a 2016 land deal. While the businessman confirmed receiving Sh10 million, he claimed the balance was being unlawfully withheld. He further alleged that the law firm and the seller, David Runo Kamunya, tried to…
The Advocates Disciplinary Tribunal found former Law Society of Kenya (LSK) President, Nelson Andayi Havi, guilty of professional misconduct over a series of social media posts and televised remarks. In a judgment delivered by the Tribunal, Havi was convicted under Section 60(4) of the Advocates Act following a complaint filed by his predecessor, Allen Waiyaki Gichuhi. Gichuhi accused Havi of publishing offensive statements targeting him and other former LSK leaders via Twitter and during a televised interview on KTN, alleging corruption and incompetence within the society’s leadership. The Tribunal held that Havi, while serving as the 49th President of the…
Two police officers were Wednesday freed on bail after denying charges of torture and abuse of office. The two were arraigned before the Milimani Chief magistrate Lucas Onyina where they pleaded not guilty to the charges. The prosecution alleges that the officers Chief inspector Rebecca Njeri Muraya and sergeant Abdisalam Ahmed unlawfully and intentionally ordered the arrest of businesswoman Ayni Hussein Mahammud, detaining her at Muthaiga Police Station for two days in an attempt to intimidate her from pursuing an assault complaint against Abdihakim Saidi Jama. In addition to the torture charge, the officers face a second count of abuse…
The Employment and Labour Relations Court has directed that an application filed by lawyer Apollo Mboya be served to all parties by April 9. Principal Judge Byram Ongaya further directed the matter to be heard inter parties on April 24, with the responses filed within seven days of service Mboya, in his application filed under certificate of urgency, claims the East Africa Portland Cement PLC is at risk of being irregularly alienated by an individual impersonating an acting manager. He accuses Brig (Rtd.) Richard Mbithi and the company along with Bruno Oguda Obodha, of orchestrating the sale of the company’s…
The family of slain Multimedia University student Slyvia Kemunto condemned her brutal killing, calling it a blatant case of femicide. Through their lawyers Danstan Omari and Shadrack Wambui, they urged all women legislatures and organizations to “come to the aid of this young Kenyan who faced death in a cruel manner”. “This is not just a murder, this is femicide. An attack on women simply because of their gender,” said Omari outside Montezuma Funeral Home in Nairobi, where the postmortem was conducted on the body. “If we don’t act now, more of our daughters will be killed in public institutions,…
Slain Multimedia University student Sylvia Kemunto died out of strangulation, an autopsy on her body revealed. She also had head injuries inflicted by a blunt object. Chief government pathologist Dr Johansen Oduor and family one Dr Martha Mwangi said student also had defensive injuries indicating she tried to fight off her assailant. “We concluded she died out of asphyxia due to strangulation. She also had head injuries inflicted by a blunt object,” said Dr Oduor. The autopsy showed the body was decomposed when it was discovered on April 2 in a water tank at the college hostel. The postmortem exercise…
The Ethics and Anti-Corruption Commission (EACC) has filed an application before the High Court in Bungoma seeking to be enjoined as an interested party in an appeal involving a Sh58.9 million construction contract awarded to a private firm by a government institution. The application arises from a contract awarded in the 2010/2011 financial year to Ramagon Construction Company Ltd by Matili Technical Training Institute for the construction of a twin workshop complex. The project, initially valued at Sh29.3 million, was later revised to Sh58.9 million to accommodate further expansion of the construction. In its application, EACC says it received a…
The High Court dismissed senior economic advisor Moses Kuria’s application seeking to stop Equity Bank from auctioning his properties over a Sh50 million loan debt. In his ruling, Justice Aleem Visram said that Kuria had failed to establish a prima facie case to warrant the issuance of temporary orders halting the auction scheduled for April 8. The properties which include apartment blocks located in Ruaka and Juja, Kiambu county had been used as security for the credit facility Kuria secured in March 2018. They were listed for sale by an auctioneer -Garam Investment Ltd. The bank said that Kuria defaulted…
A 19-year-old man suspected of killing a first-year student, later dumping her body in a rooftop water reservoir will remain in custody for 21 days pending investigations. Kibera Magistrate Zainab Abdul ruled that Philip Eric Mutinda, be held at Capital hill until April 28 to allow the Director of Criminal Investigations (DCI) to complete his investigations. The DCI through Jairus Mutua moved to court under a miscellaneous application seeking to detain Mutinda, a Multimedia University student for 21 days pending investigations into the brutal murder of Sylvia Kemunto, a first-year student whose body was discovered in a rooftop water reservoir…
A petition was Friday filed in court challenging the ongoing recruitment of the Independent Electoral and Boundaries Commission (IEBC) chairperson and members. The petitioners claim that the process is unconstitutional, lacks transparency and unfairly excluded qualified youth candidates. The three petitioners, Moses Mwaga, Angela Mbuthia and Dickson Morara Omoke argue that the selection panel failed to adhere to the law by shortlisting individuals who still hold state offices, in violation of Article 88(2) of the Constitution. Among those named in the petition are Justice Charles Ayako Nyachae, Kenya Power and Lighting Company Board Chairperson Joy Mdivo, Registrar of Political Parties…