The High Court dismissed a habeas corpus application seeking to compel the government to produce missing security analyst and former military officer Mwenda Mbijiwe. The court found that there was insufficient evidence to show he was being held in the custody of the state or any identifiable person. In a judgment delivered by Justice Martin Muya, the court ruled that the applicants had failed to establish a prima facie case that Mbijiwe was under illegal detention by the respondents. “From the evidence adduced in court, a prima facie case has not been made to the effect that the first applicant…
Author: Pinnah Mokeira
The Law Society of Kenya (LSK) filed a petition before the High Court in Nairobi seeking to block the government from allowing the United States to establish an Ebola quarantine and treatment facility on Kenyan soil. The LSK is challenging what it describes as a “secret deal” that would see American nationals exposed to or infected with the Ebola Virus Disease (EVD) brought into Kenya for treatment and quarantine, a risk the US government has explicitly refused to accept on its own territory. “The United States of America has unreservedly refused to allow any cases of Ebola to enter their…
Katiba Institute filed an urgent petition before the High Court in Nairobi seeking to stop the government from establishing a quarantine facility for American citizens exposed to Ebola. It argued the arrangement is being undertaken without public participation, parliamentary oversight, or proper health and environmental assessments. The legal research and litigation institution has sued the Attorney-General and the Cabinet Secretary for Health, with health rights organisation KELIN Kenya listed as an interested party. In court documents filed Thursday, the petitioner alleges that credible media reports indicate advanced discussions between Kenya and the United States to establish a quarantine facility for…
A Milimani High Court judge has declined to certify as urgent an application seeking the immediate release of a brain surgery patient from Nairobi Adventist Hospital. Instead, Lady Justice Patricia Nyaundi directed that the hospital be served and given seven days to respond. Justice Nyaundi, directed that the petition filed on behalf of Caroline Khatenje Amukune, who remains confined at the hospital despite being medically cleared for discharge, be physically served on the hospital within three days. She also ordered that the hospital file its response within seven days of service, and set a mention date of June 16 to…
The High Court has temporarily stopped the planned auction of the high-value 14 Riverside office complex, granting the property’s owners a reprieve just days before the scheduled sale. Justice Moses Ado issued the interim orders after Cape Holdings Ltd. filed an urgent application challenging the legality of the auction process. The property had been slated for auction on May 26, 2026. The court directed Moran Auctioneers to file their response within seven days and scheduled the matter for mention on June 2, 2026. The stay order will remain in force pending further directions. The dispute stems from a long-running legal…
The Auctioneers Licensing Board has suspended an auctioneer for six months after finding that he illegally auctioned two trucks belonging to a businessman despite the underlying debt having already been settled. In a ruling delivered at the Milimani Law Courts, the board found that auctioneer Eliud Chai Wambu of Chador Auctioneers unlawfully proceeded with the sale of the vehicles owned by businessman Stephen Nganga Njuguna after the outstanding debt had been cleared. Board chairperson Njeri Thuku ordered Wambu’s suspension from practice for six months and directed him to pay Sh50,000 to the complainant. The board also imposed a Sh100,000 penalty…
The High Court in Nairobi has declined to certify as urgent a constitutional petition seeking to stop the payment of more than Sh3 billion to 463 alleged ghost workers in Bungoma County and alleging the existence of a fraudulent litigation syndicate involving advocates, trade union officials, and judicial officers. Lady Justice Roselyne Aburili of the Constitutional and Human Rights Division ruled that the petition and accompanying application filed on April 27, did not demonstrate circumstances warranting immediate intervention by the court. “The petitioners are directed to serve all the respondents and interested parties with the petition and the notice of…
The High Court in Embu dismissed a petition challenging the outcome of the Mbeere North parliamentary by-election, affirming the election of Njeru Leo Wa Muthende as the validly elected Member of Parliament. In a judgment delivered on Thursday, Justice Richard Mwongo ruled that the petitioner, Newton Kariuki Ndwiga, failed to prove claims of violence, voter bribery, technological failures, and other electoral irregularities to the legal standard required in election disputes. The court found that although isolated incidents of malpractice and irregularities were established, there was insufficient evidence to show that they substantially affected the overall outcome of the by-election. Ndwiga…
A Makadara court Thursday allowed the Directorate of Criminal Investigations (DCI) to detain a murder suspect for 10 days pending investigations into the killing of gospel artist Rachael Wandeto who suffered severe burns after being doused with a flammable substance. Resident Magistrate James Juma Mayiah on Thursday allowed the DCI to continue holding Josiah Njeru Njiru at Kilimani Police Station pending completion of investigations into the death of 37-year-old Rachael Muthoni Wandeto. Njiru is being investigated for the offence of murder. He a taxi driver. According to police, the deceased was attacked on the night of May 15, after allegedly…
The High Court has declared that the prosecution of adolescents involved in consensual and non-exploitative sexual relationships violates the Constitution. In a judgment delivered virtually on Wednesday, Justice Bahati Mwamuye ruled that sections of the Sexual Offences Act are unconstitutional when applied to consensual relationships between adolescents of close age proximity. The petition had been filed by three adolescents together with the youth rights organisation Network for Adolescent and Youth of Africa (NAYA), who challenged what they described as the blanket criminalisation of adolescent sexuality under Kenya’s defilement laws. The court found that Sections 8, 9, 11 and 43(4)(f) of…
The Court of Appeal has declined to issue interim orders stopping the planned auction of Nairobi’s landmark 14 Riverside development, paving the way for the sale of the property later this month over a Sh10.7 billion dispute. In a ruling delivered on Monday, a three-judge bench comprising Justices Kimaru, Munyao and Okello rejected an application by Cape Holdings Limited seeking to temporarily halt the auction pending the determination of its appeal. The property, which includes the site of the 2019 DusitD2 terror attack, is scheduled to be auctioned on May 26, 2026. Cape Holdings had asked the appellate court to…
The Law Society of Kenya (LSK) has filed a petition challenging the recent increase in fuel prices, arguing that the move was unconstitutional, economically punitive, and implemented without adequate public participation. In the case filed before the High Court in Nyamira, the LSK sued seven state agencies and officials, among them the Energy and Petroleum Regulatory Authority (EPRA), the Attorney General, the Kenya Bureau of Standards, the National Standards Council, and three Cabinet Secretaries. The petition follows EPRA’s May 14, announcement raising the price of Super Petrol by Sh16.65 per litre and Diesel by Sh46.29 per litre for the pricing…
The High Court has reserved judgment in a petition filed by Katiba Institute challenging the withdrawal of security officers attached to High Court Judge Lawrence Mugambi following his contempt ruling against former Inspector General of Police Gilbert Masengeli. Justice Roselyne Aburili heard final submissions from all parties on Wednesday and directed that the matter be mentioned on June 23, for the fixing of a judgment date. The petition arises from events surrounding a habeas corpus case filed by the Law Society of Kenya concerning the alleged abduction of four Kenyans after the 2024 Finance Act protests. Judge Mugambi had summoned…
Two suspects accused of orchestrating a fake gold scheme that allegedly swindled foreign investors of more than Sh58 million will remain in custody until May 19, when the matter will be heard. Kache Mildred, also known as Sabreena Ayesha, and Ahmed Bashar Mohamed were arraigned before Principal Magistrate Geoffrey Onsarigo on Monday over allegations of obtaining money by false pretences and conspiracy to defraud. During the proceedings, defence lawyers sought an adjournment, arguing that they had only recently been served with the miscellaneous application and needed more time to prepare a response. “We have had a look at the miscellaneous…
Two senior officials from the Kenya Railways Corporation have been found in contempt of court over the demolition of businesses on a disputed land despite orders stopping any interference with the proper. In the ruling, Justice Oscar Angote found Kenya Railways Managing Director Philip J. Mainga and Stanley Gitari guilty of disobeying court orders issued on March 11. “The essential elements necessary to establish contempt of court have therefore been proved,” the judge stated in the ruling. The case was filed by Superclean Shine Enterprises Limited and King Prime International Limited after structures linked to Kiambu Governor Kimani Wamatangi were…