A Milimani Chief Magistrate court detained a businessman who allegedly defrauded a Canadian national over Sh712 million in a gold scam for 10 days pending investigations This is after the Director of Criminal Investigations through Charles Odhiambo asked Chief Magistrate Lucas Onyina to allow them detain Salim Frejus Hector Joyau Ahassi pending investigations. Hector Ahassi was arrested on October 25, after Maxime Harouna Sawadogo, a Canadian national made a complaint claiming that he was lured into the scheme by Ahassi, whom he met in 2022 at a church in Canada. Sawadogo says Ahassi convinced him to invest in a lucrative…
Author: Pinnah Mokeira
Impeached Deputy President Rigathi Gachagua has moved to the Court of Appeal seeking orders staying the ruling delivered last week by a three judge bench. Gachagua in his appeal contends that the High Court’s decision that held that the Deputy Chief Justice Philomena Mwilu can assign judges is wrong, mistaken, erroneous and based on a grave misinterpretation of article 165(4) of the constitution and wrong analyse, of the letter and spirit of the Constitution. “The ruling dated October 211, is based on not only a misinterpretation of article 105(4) of the constitution but also a violation of article 25, 27,…
The High Court Tuesday ordered the former Deputy President Rigathi Gachagua to file an application challenging the empanelment of the three judge bench constituted to hear three applications challenging the implementation of the senate’s resolution upholding the impeachment and appointing of a replacement. Justices Eric Ogolla, Anthony Murima and lady Justice Frida Mugambi ordered Gachagua to file the application with one hour pending the hearing set for 2 pm Tuesday. When the matter came up for hearing on Tuesday, Gachagua challenged the validity of the bench empaneled to hear matters involving the executive, questioning the constitutionality of the process. Through…
The High Court has temporarily suspended the implementation of the Senate’s resolution upholding the impeachment against the former Deputy President Rigathi Gachagua. Justice Chacha Mwita also stopped any appointments of a replacement. Mwita further certified the case as raising substantial questions of law and public interest. Consequently, he directed the file to be placed before the Chief Justice Martha Koome to appoint a bench of an uneven number of judges to hear the matter. Gachagua obtained the order to stop planned swearing in of his predecessor. This triggered another crisis with some government officials mulling appealing the order. “That, in…
The Environment and Land court Tuesday temporarily stopped the renting or leasing out of a property based in Eastleigh area within Nairobi City County. Lady Justice Anne Omollo however did not halt the ongoing construction, allowing it to proceed, pending the company’s filing of their replying affidavit. This is after Eastleigh residents moved to court seeking orders restraining Alatop Limited from leasing, subletting or granting access to the general public due to the continued unsafe and unlawful construction activities. “Orders of interim injunction are issued stopping the defendant from renting out/leasing the suit premises to any person until the application…
The High Court is set to deliver a ruling on Tuesday October 15 at 2:30 PM on whether to suspend the impeachment trial of Deputy President Rigathi Gachagua in the Senate. This decision will come a day before the Senate is scheduled to begin the hearing of the impeachment motion. Justice Chacha Mwita set the ruling date after listening to detailed arguments from Gachagua’s legal team, the National Assembly, and the Senate during a four-and-a-half-hour session on Monday. The ruling could either halt or allow the impeachment process to proceed. But the senate speaker Amason Kingi argued the impeachment motion…
The Independent Policing Oversight Authority (IPOA) now wants the court to throw out a case in which the Inspector General of police Douglas Kanja has been sued over the assault of a first year Multimedia University student by five police officers. The assault happened during the September 17, protests. In the petition, Frederick Bikeri alleged that the anti- riot police responded with excessive force during the peaceful protest over water shortage and faulty electrical sockets in the institution’s hostels leading to the brutal assault of a first year student Trevor Mathenge Mureithi. In a response filed in court, IPOA argues…
Political activist Morara Kebaso is now a free man after a Milimani court quashed cybercrime charges against him, terming them defective. Milimani Chief Magistrate Lucas Onyina declared Friday that while the charge itself was valid, the specifics did not capture the requisite elements of offence as defined in the law. “The objection raised by the defense is merited. The charge before this court is defective. The accused is accordingly discharged,” Onyina ruled. The ruling was delivered in Morara’s absentia after his lawyer, Pareno Solonka, revealed that he had been viciously attacked by hired goons at the Bomas of Kenya. Morara…
A Milimani court Friday postponed its ruling on the legality of an offensive conduct charge against former Kiambu Governor Ferdinand Waititu. This is after his lawyer, Eugene Wamalwa, claimed that Waititu had gone missing during a violent gathering in Githurai connected to the public participation of Deputy President Rigathi Gachagua impeachment. “We last spoke to him at noon, and we don’t know if he has been abducted or is in hiding,” Wamalwa told the court. The prosecution through Duncan Ondimu opposed the application and subsequently sought a warrant of arrest against Waititu The court however adjourned the ruling to Monday,…
An activist challenged the planned public participation process on the impeachment of Deputy President Rigathi Gachagua. In the application filed under certificate of urgency, Frederick Bikeri argues that the current process is fundamentally flawed and will undermine the purpose of public participation, as it is set to be conducted only at the county level. He wanted a more comprehensive approach to the public participation, with the hearings conducted in each of the country’s 1,450 electoral wards, which represent the smallest administrative units. This, he argues, will ensure a more inclusive and accurate reflection of public opinion. The intent behind involving…
A Kenyan woman is now demanding over Sh100,000 per month from her German lover for upkeep for their two year old child. In the petition filed under a certificate of urgency in the children’s court, the two met and fell in love on tinder in 2020 and gave birth to their son in 2021. Following the breakup, the man reportedly failed to provide for their child. Through her lawyer Elkana Mogaka, she claims that prior to the breakup, the man supported her financially during and after her pregnancy. According to Mogaka, the defendant provided up to Sh35,000 for her upkeep…
A human rights activist has moved to court seeking to stop the sale and distribution of the Johnson & Johnson baby powder in the Kenyan market. In the petition filed under certificate of urgency, Frederick Bikeri Ochoiki argue that the state violated Kenyans’ right to information by failing to warn them of the cancerous product and withdrawal of the talc-based Johnson & Johnson baby powder. Bikeri claims that Kenyan consumers have a right to goods and services of reasonable quality and to information necessary for them to gain full benefit from goods and services. The activist through his lawyer Elkana…
A human rights activist has sued the Inspector General of police Douglas Kanja over the assault of a first year Multimedia University student by five police officers during the September 17, protests. This is after anti-riot police responded with excessive force during the peaceful protest over water shortage and faulty electrical sockets in the institution’s hostels leading to the brutal assault of a first year student Trevor Mathenge Mureithi. In a petition filed under certificate of urgency, Frederick Bikeri wants the police officers arrested and produced before court. “An order compelling the 1st Respondent to produce, before this Honorable Court,…
A Nairobi court on Tuesday released lawyer and political activist David Morara Kebaso on cash bail of Sh50,000 pending ruling on dismissal of charges preferred against him. Kebaso through his lawyers Martha Karua, Eric Theuri and Ndegwa Njiru argued that the charges brought against him reflect bad faith and abuse of judicial power. According to them the charges do not contain a statement of the specific offence and enough information to demonstrate the nature of the offence. They said it is unclear whether Morara is being accused of cyber harassment, publishing false information or defamation. The defence claimed that the…
Law society of Kenya (LSK) now wants the Inspector General of National Police Service Douglas Kanja and Nairobi regional police commander Adamson Bungei be sentenced to six months imprisonment for flaunting court orders. In the petition filed under certificate of urgency, the lawyer’s lobby group argues that IG Kanja blatantly disregarded justice Bahati Mwamuye’s orders which directed IG to ensure that plain-clothed officers do not mask their faces when dealing with protestors and not to obscure the identification or registration of any motor vehicle being used during demonstrations. LSK said the police used force contrary to the High Court’s orders…