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…
Author: Pinnah Mokeira
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…
Independent policing oversight Authority (IPOA) wants access to mobile phone records as part of investigations into the death of Albert Omondi Ojwang, who died while in police custody at Central Police Station on June 7. In an urgent application filed before the magistrate’s court, IPOA is seeking a court order compel Safaricom Kenya Limited to release call data records, subscriber details, and travel patterns linked to 17 mobile phone numbers believed to have been used by persons of interest in the ongoing investigations. IPOA also wants Safaricom to nominate an authorized officer to provide a certificate of production of electronic…
A Nairobi Milimani Chief magistrate will on June 20, rule whether to release police constable James Mukhanwa linked to the murder of blogger Albert Ojwang who died in police custody at Nairobi’s Central police station. Magistrate Gilbert Ondieki further ordered Mukhanwa to be detained at Capitol Hill police station. The Independent Policing Oversight Authority (IPOA) filed an application seeking to detain Mukhanwa for 21 working days pending investigations. Ojwang was arrested on June 7, by police officers from the Directorate of Criminal Investigations (DCI) in Homa Bay and transferred to Nairobi, where he was booked into custody. He was pronounced…
The High Court m issued orders suspending the implementation of Executive Order No. 2 of 2023, which transferred the custody of Kenya’s Public Seal from the Office of the Attorney General to the Chief of staff. The orders were issued pending further orders of the court in a constitutional petition filed by Katiba Institute. In his ruling Justice Chacha Mwita said that the petition raised fundamental constitutional and legal matters of great public importance. ” A conservatory Order is HEREBY ISSUED restraining or stopping implementation of Executive Order No. 2 of 2023 to the extent that it purports to reorganize…
The High Court ruled that carrying out political campaigns outside the election period is unconstitutional. The court further directed the Attorney General (AG) to take the necessary steps, within 12 months, to enact a law governing political campaigns conducted outside the election period. “This law is expected to bring order, fairness, and legal clarity to the political landscape,”court noted The court said it is unconstitutional for public officers to engage in political activities while still in office. In a decision delivered by a three judge bench, the court declared that early political campaigns violate multiple fundamental rights enshrined in the…
Former Chief Justice Dr. Willy Mutunga, Senior Counsel Martha Karua and four others have filed a case against the Tanzanian government at the East African Court of Justice (EACJ) accusing it of unlawful detention, denial of entry at Julia’s Nyerere international Airport in Dar es Salaam, and deportation. The group also includes journalist Lynn Ngugi, advocates Gloria Kimani and Hussein Khalid, and human rights defender Hanifa Adan, The East Africa Law Society (EALS) and The Pan African Lawyers Union (PALU) The group alleges that between May 18 and May 19, Tanzanian immigration authorities arbitrarily detained them without explanation and denied…
The High Court is set to rule on June 16 2025 on whether to grant bail to four senior police officers charged with murder, rape, and crimes against humanity under the International Crimes Act. The accused officers include John Chengo Masha, Lina Kogey, Cyprine Robi Wankio, and James Rono. This is after the victim’s lawyers urged the court to deny them bail pending trial. The lawyers argue that the serving officers will intimidate witnesses or interfere with investigations if released. “The accused still wields immense police powers that could be misused,” stated the lawyers. “Granting bail would risk undermining the…
The Ethics and Anti-Corruption Commission (EACC) won a major case after the High Court ordered two former National Treasury and Planning officials to repay a total of Sh39.18 million fraudulently obtained as allowances. In the ruling, Lady Justice Lucy Mwihaki Njuguna found that Robert Theuri Murage and Dorris Nafula Simiyu, illegally received public funds disguised as extraneous, taskforce, entertainment, and other undefined allowances between January 2020 and June 2022. The court held that Murage fraudulently embezzled Sh20,318,000, while Simiyu was found to have irregularly received Sh18,862,000. Both amounts said the court, were paid without approval from the Salaries and Remuneration…