Lawyer Samson Omwanza Ombati was on Tuesday May 14 sworn in as the new member of the Judicial Service Commission (JSC) representing the Law Society of Kenya. Chief Justice Martha Koome presided over the event. Ombati takes over from Macharia Njeru whose term ended on May 3. He will hold the commissioner position for five years. The CJ wished Omwanza all the best in his work and asked him to uphold rule of justice. “Let the oath continue to guide you in your daily work. It should never depart from you. Be able to defend the rule of law. I…
Author: Pinnah Mokeira
The High Court canceled licences of three entertainment and alcohol establishments situated in Mirema estate, Kasarani for noise pollution. Lady Justice Judy Omange also barred Trinity House International Ministry, a place of worship from emitting noise beyond its precinct. The judgement emanated from a petition filed before the Environment and Land Court by Amani Residents Welfare Association on behalf of Mirema estate residents on grounds that the church and clubs had infringed on several of their rights. The judge awarded the residents a compensation of Sh5million. Cocorico Wines and Paris Lounge and grill will bear a liability of 15 percent,…
The Law Society of Kenya wants the High Court to declare Cabinet Secretaries for interior, education, transport, housing and environment unfit for holding public office. This is in relation to the flooding situation in the country that has claimed more than 240 lives and displaced many. In a petition lodged at Milimani High Court, LSK has accused the CSs of violating several rights of kenyans by failing to prepare or enforce a functional disaster management and emergency contingency plan to control, prevent and manage the adverse effects of the experienced floods. “A declaration be and is hereby issued that the…
A Non-Governmental Organization (NGO) now wants the High Court to declare Agriculture Cabinet Secretary Mithika Linturi unfit to hold any public office. In a petition lodged at the Milimani High Court, Elimisha Mwananchi Initiative (EMI) accuses Linturi of deliberately refusing to take measures to ensure goods supplied by National Cereal and Produce Board (NCPB) are of good quality. The NGO through its Executive Director Daniel Wangenye also wants the bosses of the National Cereals and Produce Board (NCPB), the Kenya Bureau of Standards (KEBS), and the Competition Authority of Kenya (CAK) permanently barred from holding public office. “That the respondents…
The High Court allowed the Ethics and Anti-Corruption Commission (EACC) to continue detaining 4,600 pieces US dollars 100 denominations (S62 million) seized from the residence of former treasury Cabinet Secretary Ukur Yatani’s nephew on April 24, 2024. The freezing order which were issued by anti corruption judge Justice Esther Maina will remain in force for a period of six months. The money was seized from Yattani’s nephew Ibrae Doko Yatani. The EACC moved to court seeking orders to retain the cash in the state they are in pending the conclusion of investigations. EACC says in the petition filed in Nairobi…
A section of parents of St Bakhita schools have sued the institution l for increasing fees in the middle of the year without sufficient notice. The institution is private but is bound by several laws. In a petition lodged at the Milimani Law Courts, the parents want the court to prohibit the schools from implementing the decision to increase fees as contained in invoices for term two of the year 2024. The parents through their lawyer Charles Mwalimu argue that the contract is pre-negotiated at the start of every school year by issuance of a fee structure for the year…
The judicial service commission (JSC) Friday forwarded 20 names to president William Ruto for appointment to the office of Judge of the High Court of Kenya. JSC said the 20 were from the 95 candidates interviewed, after shortlisting 100 candidates from a list of 350 people who had applied to become High Court judges. Four of the 100 shortlisted candidates withdrew their application while one was appointed the chief registrar of the judiciary. The selection interviews were conducted between April 3 and May 3. “After lengthy deliberations and consideration of the constitutional imperatives of merit, gender, regional/ethnic balance and affirmative…
A court acquitted former Dandora police commander Samir Yunus on allegations of abusing his office by harassing junior women officers at the station after finding that he was fixed by one of his junior female officer. The court found that there is overwhelming evidence that the Officer Commanding Station (OCS) and the complainant known JM were lovebirds for over three years before the material date. And the female cop fixed the OCS of sexual harassment after they broke up. A Milimani chief magistrate court acquitted him of all charges against him. Yunus was on June 15, 2019 charged with sexually…
A Meru High Court ordered a re-trial of an enforcement officer in the county who was charged with unlawfully damaging a pair of spectacles worth Sh20,000 and subsequently acquitted. In the judgment delivered on April 4, 2024, High Court judge Justice Edward Muriithi found that the trial court fell into error when it acquitted James Miriti Kobia yet the prosecution had established a prima facie case against him to warrant him being placed on his defence. Prima facie describes a fact or presumption that is sufficient to be regarded as true unless otherwise regarded as true unless otherwise disproved or…
Three senior officials of the National Cereals and Produce Board (NCPB) were on Thursday released on a cash bail of Sh1 million or a bond of Sh3 million. They were arraigned before trial magistrate Celesa Okore over fraud of Sh209 million in the fake fertilizer probe. NCPB Managing Director Joseph Muna Kimote, John Kiplangat Ngetich (Corporate Secretary), and John Mbaya Matiri (General Marketing Manager) pleaded not guilty to charges of conspiracy to defraud farmers by selling 139,688 bags of 25 Kgs fertiliser valued at over Sh209 million purporting to be genuine fertiliser, a fact the prosecution claims the accused knew…
Former Murang’a governor Mwangi wa Iria was on Tuesday charged with over Sh351 million corruption related charges. He was arraigned alongside his co accused before a Milimani anti corruption court where he denied the charges. A section of Azimio leadership was in court when Wairia was arraigned. In count one the former governor is charged alongside the County Secretary of the Murang’a County Government, Directors of Top Image Media Consultants and Value View Limited, and his Personal Assistant respectively. They are accused of conspiring to commit an act of corruption. They allegedly engaged in fraudulent activities related to an unlawful…
A plea by four advocates to strike out a suit filed against them has been dismissed. The advocates had sought to have the suit, brought against them by Rings View Apartments Limited, removed from proceedings on the grounds that it lacked a reasonable cause of action. The suit stemmed from allegations by the plaintiff, who claimed breach of confidentiality and conflict of interest on the part of the advocates. Rings View Apartment Limited who are the registered proprietor of the suit property in Kileleshwa, took up a mortgage from KCB Bank Kenya Limited to facilitate constructions of apartments for Sh90…
Deliberate failure to pay an employee salary leading to resignation amounts to unfair labour practice and subsequent resignation in such circumstance amounts to constructive dismissal. Labor court judge Justice David Nderitu in his judgment dated January 25, 2024 said nonpayment of salary or wages as and when they fall due and payable subjects an employee to servitude, undue suffering, and indignity. Constructive dismissal is a situation where the employee is forced to leave or quit his/her job not because they want to, but because of the employer’s conduct. An employer who is unable to pay working employees, he said, shall…
TotalEnergies has received a setback after the high court dismissed its application that sought further 21 days to implement a court decision that directed it to pay businessman Ernest Mwaura Sh4 million. The leading supplier of petroleum and gas products company in East Africa had asked the court to extend time for them to comply with stay conditions issued by the High Court on November 10, 2023 by a further 21 days. The court had on November 10, 2023 granted TotalEnergies a stay of execution of ruling and decree issued by magistrate Sammy Opande on condition that they deposit Sh4…
The High Court found six accused persons guilty of the murder of former Juja member of Parliament George Thuo, who was poisoned on the night of November 17, 2013, at Porkies Restaurant in Thika. Delivering the judgement on Friday, Lady Justice Roselyn Korir ruled that the prosecution had proved its case against all the accused persons to the required legal standard. “Circumstantial evidence presented in court was not merely based on suspicion, it linked the accused persons to the death of the deceased…….It is my finding that the prosecution proved its case against the 1st,2nd,3rd,4th,5th and 6th accused to the…