The Court of Appeal reinstated the land ownership of a British national, bringing to a close a decades-long dispute after finding that her Kiambu property had been fraudulently transferred without her consent. In a judgment delivered on April 10, a three-judge bench comprising Daniel Musinga, Joel Ngugi, and George Odunga ruled that Patricia Mary Clark is the lawful owner of the 0.2240-hectare parcel known as L.R. No. Kiambu Municipality/Block III/112. The appellate court found that Clark legally purchased the land in 1994 and never transferred it to any party, dismissing claims that it had changed hands the following year. “The…
Author: Pinnah Mokeira
A petition lodged before the High Court in Nairobi is seeking the removal of Energy and Petroleum Cabinet Secretary Opiyo Wandayi over claims he oversaw the irregular importation of substandard fuel into the country. The case, filed by activist Francis Awino, also seeks orders barring Wandayi from performing the functions of his office pending the hearing and determination of the petition. Awino argues that allowing the CS to remain in office poses a risk of further unlawful actions and alleges he has faced intimidation after criticizing the official. At the centre of the dispute is the importation of 68,000 metric…
Kakamega County Woman Representative Elsie Muhanda Bushihile has moved to the Milimani Magistrate’s Court seeking urgent orders to restrain eight individuals from publishing what she describes as false and defamatory content about her on social media. In an application filed under a certificate of urgency through her lawyer Danstan Omari, the legislator accuses the respondents of spreading allegations portraying her as an alcohol abuser and linking her to alleged exploitative conduct with young men at Amanda Resort in Kakamega County. The eight respondents named in the suit are Fabian Musamia, Peter Angatia, Joel Eshkumo, Dennis Weche, Dan Makori Kibwage, Janet…
Four men convicted in a robbery with violence case linked to the 2015 killing of former Kabete MP George Muchai have been sentenced to death by a Nairobi court. Chief Magistrate Lukas Onyina sentenced Eric Muyera Isambwa alias Chairman, Raphael Kimani Gachii alias Kim Butcher, Mustafa Kimani Anyoni alias Musto, Stephen Astiva Lipopo alias Chokore, Jane Wanjiru Kamau alias Shiro and Margaret Njeri Wachiuri over a string of violent robberies connected to the case. The court sentenced Eric Muyera Isambwa alias Chairman, Raphael Kimani Gachii alias Kim Butcher, Mustafa Kimani Anyoni alias Musto and Stephen Astiva Lipopo alias Chokore to…
One of the convicts sentenced to death in the murder trial of George Muchai has indicated through his lawyer that he will appeal the death sentence imposed by Chief Magistrate Lukas Onyina. Danstan Omari, representing Raphael Kimani Gachii alias Kim Butcher, said the mitigation presented on behalf of his client was not given meaningful consideration, describing the process as “academic” since the court stated it could not depart from the statutory sentence. Omari argued that the current legal framework is inconsistent and discriminatory. While convicts of murder can receive reduced sentences following mitigation, those convicted of robbery with violence remain…
Former Cabinet Secretary Raphael Tuju was released on a personal bond of Sh100,000 after denying a charge of giving false information to a person employed in the public service. Tuju was charged before the Kibera Law Courts, where the Office of the Director of Public Prosecutions (DPP) accused him of giving false information contrary to Section 129(a) of the Penal Code. According to the charge sheet, the prosecution alleges that on March 21, at Entim Sidai Spa and Wellness Sanctuary in Karen, within Lang’ata Sub-county, Tuju informed Karen Police Station Officer Commanding Station (OCS) Purity Kobia that he was being…
A Milimani Chief Magistrate’s Court released five suspects accused of conspiracy and preparation to commit a felony in an alleged plot targeting the home of a senior Kenya Defence Forces (KDF) officer in Kitengela on bail. The five Charles Kipo Matata, David Ng’aa Mwangangi, Alex Mumo Kisilu, Richard Mwania Muasya, and Stella Nzuki Mweni appeared before Trial Magistrate Teresa Nyangena, where they denied all the charges. The court heard that the accused are facing two counts conspiracy to commit a felony and preparation to commit a felony. According to the charge sheet, the five are alleged to have conspired between…
The High Court in Nairobi intervened in a family dispute over the estate of a deceased woman, directing the Inspector General of Police to respond within three days to an application seeking to compel the arrest of two men accused of fraudulently taking over part of the estate. The application was filed by Eric Matakwa Okeno, the administrator of the estate of his late sister, Rosemary Anne Akinyi Okeno. He sought the court intervention over what he described as police inaction despite a directive from the Director of Public Prosecutions ordering that criminal charges be brought against two individuals linked…
George Ndikas, a close friend of the late Rex Masai, on Monday gave a moving account before a Nairobi court of the final moments they shared during the June 20, 2024 anti-Finance Bill protests. He told the court that Masai told him he had been shot as they fled police action in the central business district (CBD). Ndikas, who described himself as Masai’s longtime friend and housemate, told principal magistrate Geoffrey Onsarigo that the two had gone to the CBD to join the demonstrations, but later found themselves running for safety as police lobbed teargas and gunshots rang out. “When…
The founder of Leonardo Technologies & Services Limited (LTS Ltd) has moved to court challenging his removal as chairman and managing director, arguing that the company’s actions violated his constitutional rights and were procedurally unfair. Iovino Domenico, an Italian national, filed a petition at the High Court on February 23, seeking to quash the resolutions that ousted him from the board. He also asked the court to declare that his removal was unlawful, unreasonable, and in breach of his right to fair administrative action under Article 47 of the Constitution. According to the petition, Domenico served as founding director of…
The High Court in Eldoret declared the committal of a man to civil jail over a Sh788,961 debt unconstitutional and unlawful. In a judgment delivered on March 19, Justice Reuben Nyakundi ordered the immediate release of Barnaba Ngeno, who had been detained at Eldoret GK Prison after the Small Claims Court in Eldoret committed him to civil jail for 30 days. The court found that the process leading to Ngeno’s imprisonment was procedurally defective and violated his constitutional rights. “The proceeding which were instituted to move and arrest and subsequently commit him to Civil Jail for 30 days were illegal,…
A Milimani Chief Magistrate’s Court granted the Directorate of Criminal Investigations (DCI) 10 days to detain six suspects for 14 days pending investigations into an alleged plot to rob the home of a senior Kenya Defence Forces (KDF) officer. The six Charles Kiho Matata, David Ng’aa Mwangangi, Samuel Agango Doyo, Alex Mumo Kisilu, Richard Mwania and Stella Nzuki Mweni were presented before senior principal magistrate Paul Mutahi on Thursday after being arrested in Kitengela in connection with what investigators describe as a planned robbery with violence targeting the residence of Major General George Okumu. In a miscellaneous application, detectives asked…
Mtetezi, a grassroots economic justice movement, held its first public participation forum in Riruta/Satellite Ward, bringing together young residents to debate Nairobi’s future governance and the reforms they believe are needed to fix the city’s deepening urban challenges. The meeting marked the beginning of a citizen engagement process by the movement, which says it wants governance reforms to be informed by the lived experiences of ordinary Nairobians rather than political rhetoric. During the forum, participants painted a bleak picture of life in the capital, citing flooding that repeatedly disrupts homes and businesses, unsafe construction practices, frequent building collapses, crippling traffic…
The High Court in Kisumu has ordered the Inspector General of Police and the National Police Service to pay Sh38.5 million in compensation to 28 victims of police brutality who were killed, injured, or maimed during anti-government protests in 2023. In a ruling delivered on Wednesday, Justice Alfred Mabeya found that police officers used excessive and unlawful force against civilians who were not participating in the “Azimio maandamano” protests against the high cost of living, which took place between March and July 2023 in Kisumu, Migori, and Ahero. The judgment details harrowing accounts of young Kenyans shot dead while running…
The Court of Appeal has dismissed an application by the Assets Recovery Agency (ARA) seeking to suspend a High Court decision that threw out its case against former Nairobi Governor Mike Sonko, holding that there was nothing capable of being stayed after the suit had already been dismissed. In a ruling delivered virtually on Wednesday, a three-judge bench comprising Justices Kathurima M’inoti, Chacha Mwita, and Byram Ongaya found that the agency’s request for a stay of execution was legally untenable because the High Court had issued what the judges described as a negative decree. “Be that as it may, it…