The Court of Appeal will on March 21, rule whether it will suspend the High Court judgement that declared the Azimio la Umoja One Kenya alliance as the bonafide majority alliance in the National Assembly. The Speaker of the National Assembly, Moses Wetangula wants the three-judge bench to temporarily suspend the judgment that overturned his decision that declared Kenya Kwanza coalition led by President William Ruto as the majority party on October 6, 2022 pending hearing and determination of the appeal. Wetangula through his lawyer Elisha Ongoya, argued that the ruling has confused Parliament, disrupting its ability to function effectively.…
Author: Pinnah Mokeira
The Supreme Court judges got a reprieve after the High Court prohibited the Judicial Service Commission (JSC) from directing Chief Justice Martha Koome, Deputy Chief Justice Philomena Mwilu, and five other Supreme Court judges to respond to petitions filed against them. The Narok High Court also stopped the JSC from continuing with charges or proceedings against the Supreme Court judges pending hearing and determination of the application. Justice Charles Kariuki issued the ruling after certifying an application as urgent after establishing a prima facie case on the same. The court granted Pariken Ole Esho leave to file judicial review proceedings…
Former Kiambu County Governor Ferdinand Waititu moved to the High Court seeking to overturn his sentencing of 12 years in jail. The anti-corruption court February 13, sentenced Waititu alongside his wife Susan Wangari and their married couple associates involved in a road business. Waititu was sentenced to 12 years in prison or a fine of Sh53.5 million after being found guilty of four counts under the Anti-Corruption and Economic Crimes Act, including conflict of interest in a Sh588 million graft case. He moved to the High Court seeking to be released on reasonable bail and bond terms pending the hearing…
A Nairobi Milimani court issued a warrant of arrest against a senior security manager at East African Development Bank of Kenya (EADB). The warrant is to run for 24 hours pending service of a High Court order stopping the proceedings at the Magistrate’s Court. Senior principal magistrate Dolphina Alego issued the warrant after Isaac Nyongesa Okwara failed to appear in court for plea taking on Tuesday February 11. Chief Magistrate Susan Shitumbi had issued summons on January 28, against Nyongesa who is accused of providing false information to the police regarding former Cabinet Secretary Raphael Tuju and ordered him to…
A court in Nairobi ruled that entities or shylocks not licensed by the Central Bank of Kenya (CBK) cannot participate in court proceedings until they obtain the necessary approvals. The Milimani Small Claims Court ruled that unlicensed financial entities cannot enforce claims until they secured proper regulatory certification. Magistrate Kiongo Kagenyo in his ruling, found that M-Collect Limited, along with five other companies Kalita System Debt Holding Kenya Limited, Garnet Portfolio Management Limited, Aventus Technology Limited, Sirius Collect Limited, and Maxlex-Finance Limited had been filing multiple claims but failing to pursue them to conclusion. Kiongo subsequently dismissed 139 related cases…
The Environment and Land court in Kwale has certified as urgent a contempt of court application against Kwale county’s Executive committee (CEC) member for lands and county Attorney over alleged disobedience of court orders issued on February 3. Judge Lucas Naikuni also ordered the defendant/applicant to serve the county land CEC and attorney with the application and all supporting documents. Upon being served the county officials have seven days to file their responses. Building Fire Consultants Company Limited through their lawyer Elkana Mogaka moved to court after the County Government of Kwale allegedly trespassed on their properties despite a prior…
A former Murang’a County Procurement Officer told the Anti-Corruption Court that Murang’a County Government entered into a Sh562 million media and publicity services contract with Top Image Media Consultancy Limited, a company allegedly linked to governor Mwangi wa Iria’s wife. James Kamau Kairu who served as the head of procurement during the 2014-2015 financial year, testified that the contract agreement was made on October 21, 2014, and signed on October 23, 2014, between Murang’a County Government and Top Image Media Consultancy Limited. The court heard that the contract was signed on behalf of the county by then County Secretary Patrick…
Matatu owners whose vehicles have been impounded and registration number plates confiscated now want the road safety director DR. Andrew Kiplagat jailed for six months for disobeying court orders. In the petition filed under certificate of urgency, Nganya Association also want DR. Kiplagat to appear in court to explain why he should not be cited for contempt of court after allegedly failing to comply with court orders issued on February 3. High Court Judge Bahati Mwamuye issued orders directing the National Transport and Safety Authority (NTSA) to release all impounded vehicles and return their confiscated registration plates pending hearing and…
The High Court has struck out a petition filed against the US multinational food giant Delmonte over accusations of killings and assault at its vast pineapple plantation. High Court Judge Lady Justice Florence Muchemi while striking out the petition held that the court lacks jurisdiction to hear and determine the matter. Muchemi further dismissed an application seeking to amend the petition ruling that the application lacks merit. “This court declared itself that it lacks jurisdiction to hear and determine the petition,” ruled the court. “Being a public interest matter as it sounded to the court after perusal of documents ,…
The decision to block protests in Nairobi’s CBD is unconstitutional, a court ruled. High Court judge Justice Bahati Mwamuye also held that it fails to meet the constitutional threshold. Mwamuye ruled that the directive by Inspector General of Police Douglas Kanja that sought to impose limitations on the exercise of Article 37 of the Constitution, was overly broad, blanket, and omnibus in nature and did not satisfy the requirements outlined in Article 24 of the Constitution. Justice Mwamuye further quashed the press statement dated July 17, 2024, issued by Kanja, declaring it unconstitutional and invalid. The directive had banned all…
The former Nairobi Regional Commander, Adamson Bungei Wednesday distanced himself from the alleged police killings that occurred during the Gen Z protests on the night of June 20, 2024 Bungei insisted that no gunfire took place that night. Bungei told senior principal magistrate Geoffrey Onsarigo that it is not only police officers who have access to firearms adding that he only heard about the death of Rex Maasai from the then Central sub county commander. “Shooting does not mean that it’s only the police officer who shoot, unless the police are aware, we cannot confirm a situation,” Bungei said. “The…
It is a big win for Matatu owners in Nairobi after the High Court ordered the National Transport and Safety Authority (NTSA) to release all impounded vehicles and return their confiscated registration plates. Justice Bahati Mwamuye issued the directive pending hearing and determination of the case filed by Nganya Association. “Pending the inter partes hearing and determination of the application, a conservatory order is hereby issued directing NTSA to return all confiscated registration plates to the affected matatus and release the impounded vehicles, unless they are lawfully held under a valid court order,” reads the order. The matatu owners moved…
A US-based businesswoman wants the Director of Public Prosecution (DPP) Renson Ingonga to formally charge a Kenyan money transfer executive over an alleged fraud scheme involving over Sh27.5 million In the letter addressed to DPP Ingonga, Rahma Abdullah Adam has accused Abdullahi Abdi Hussein, a former branch manager at Taaj Money Transfer of defrauding and leaving her financially and emotionally drained. Rahma Abdullah through her lawyer Danstan Omari, wants the DPP to approve charges against Abdullahi who is out on a bail of Sh100,000 pending investigations after being presented in a Kibera court under a miscellaneous application. She says the…
The High Court Thursday dismissed Inspector General of police Douglas Kanja and DCI boss Mohamed Amin’s application seeking to set aside orders requiring their personal attendance in court over the alleged abduction and disappearance of three men in Mlolongo last year. High Court judge Justice Chacha Mwita consequently ordered the two police bosses to appear in court on January 30. While dismissing the application , Justice Mwita said that the order he issued in January this year was intended to uphold the constitution and enforce the Bill of Rights. “Securing the lives of the three missing men remains a priority…
A court granted Wednesday the police 21 days to detain a man found with his wife’s dismembered body to enable them conduct further investigations. The police had petitioned the court through a miscellaneous application to grant them 21 days to detain John Kyama Wambua at Ruaraka Police Station as they investigate the brutal murder of his wife, Joy Fridah Munani. According to Corporal Kassim Yakub of the Directorate of Criminal Investigations (DCI) Starehe, Wambua is suspected of murdering his wife on January 20, 2025, at their home in the Kasanova area of Huruma. Police claim that during routine patrols, officers…