An insurance company has moved to court seeking to overturn its decision that barred them from selling assets owned by the company. In an application filed before the Milimani Commercial and Admiralty Division under certificate of urgency, Old Mutual Holdings PLC argues that the ex-parte orders are unlawful, as they were granted for an indefinite period in violation of Order 40 Rule 4(2)of the Civil Procedure Rules. The rule limits ex-parte orders to a maximum of 14 days, and Old Mutual contends that the impugned orders are therefore “contrary to the law”. The High Court issued the orders following a…
Author: Pinnah Mokeira
A court found acting Inspector General of Police Gilbert Masengeli guilty of disobeying court orders. Justice Lawrence Mugambi said impunity and open defiance cannot be allowed and those hell bent won’t find refuge. “Masengeli is guilty of contempt and court ought to punish him accordingly,” said the Judge. Mugambi also summoned to court a senior officer who had tried to trail him by seeking to know his whereabouts. This was in regard to a case where three people are missing after suspected abduction in Kitengela, Kajiado County. Masengeli was required to appear in court Monday to explain circumstances surrounding disappearance…
The Law Society of Kenya (LSK) now wants acting Inspector General of police Gilbert Masengeli to be convicted and ousted from office after failing to comply with court orders seven times in a row. The lawyer body through their lawyers Faith Odhiambo and Nelson Havi wants Masengeli to serve his sentence at Kamiti Maximum prisons and a fine to be deducted from his salary. High Court judge Justice Lawrence Mugambi summoned Masengeli to clear the air on the abduction of three men in Kitengela, Kajiado County. Their abduction was linked to anti government protests that rocked the area. “At the…
A judge has halted the construction of a railway line from Ngong to Riruta by the Kenya Railway Corporation (KRC). The Environment and Land Court judge Anne Omollo however stopped the construction pending the determination of a petition filed by Karen Lang’ata Ward residents and land owners. “That orders are hereby issued that no activities be undertaken on the project/ construction pending hearing and determination of this project,” stated the order. The judge further directed the transport Cabinet Secretary Davis Chirchir and Principal Secretary and Mohamed Daghar and Attorney General Dorcas Oduor to file their responses in the matter within…
A judge on Tuesday suspended the Nationwide strike by the Kenya Union of Post Primary Education Teachers (KUPPET). The Employment and Labor Relations court Judge James Rika suspended the strike pending the determination of a petition filed by Teacher service commission (TSC). “Pending hearing and determination of the Application inter partes, an order of temporary injunction is granted to the Petitioner, restraining the Respondent, its officials, members, employees, agents, or other person acting on its behalf, from withdrawing labour and / or commencing, engaging in, participating or continuing to participate in the intended industrial action, set to commence or 24th…
Former Mombasa governor Ali Hassan Joho’s appointment as Cabinet Secretary for Mining, Blue Economy and Maritime Affairs has been challenged in court. In a petition filed under a certificate of urgency, Genesis for Human Rights Commission allege that Joho lacks the “requisite academic qualifications to hold the office of cabinet secretary”. The rights group says the committee on appointments disregarded several memorandums allegedly containing evidence of Joho’s unsuitability for appointment. According to the group, views of the Kenyans who objected to Joho’s appointment were unreasonably disregarded. “The respondents clearing the interested party suitable for appointment as Cabinet Secretary was done…
A Magistrate’s court Wednesday ordered a businessman accused of unlawfully detaining two passports belonging to a mother and her sick daughter after allegedly disagreeing over payment for visa processing services to produce them in court on Thursday. Principal Magistrate Rose Ndombi also directed Jackson Kamau Ndegwa to process and arraign the intended visas. Ndegwa appeared in court on Wednesday for plea taking, where he claimed that he retained the passports because the complainants refused to pay him Sh257,500, which he said was the agreed fee for the visas. Ndegwa said the agreement was for him to procure visas for purposes…
A Nairobi court Wednesday directed a former spokesman of Prime Cabinet Secretary Musalia Mudavadi, Salim Swaleh to take plea. Swaleh who was the Press Secretary is accused of Sh5.8 million fraud. Milimani Chief Magistrate Bernard Ochoi slated the matter on August 21, after lawyer Danstan Omari made an application to have Swaleh and four other accused persons appear next week for plea taking following the Director of Public Prosecution’s decision to charge them. Prosecutor James Gachoka on August 5, told the court that the accused persons wrote to the DPP seeking to have the charges levelled against them reviewed. The…
The Kenya Defence Forces (KDF) has been ordered to pay damages amounting to Sh1,050,000 to a former National Youth Service officer for releasing him from the recruit training school solely based on his HIV status. The HIV and AIDS Tribunal ruled that the move by the defence forces was discriminatory and a violation under Section 31 of the HIV and AIDS Prevention and Control Act. It further held that KDF ought to have applied to the tribunal to obtain an exemption from the provisions of section 31(1) and demonstrated that the job in question required specific health or medical or…
A Nairobi court will on August 12, rule whether to allow the police to detain two suspects for 14 days to facilitate investigations into a case involving suspected hand grenades and unlicensed communication gadgets. The Director of Criminal Investigations (DCI) through Corporal Andrew Njagi asked Chief Magistrate Bernard Ochoi to detain Dancan Odhiambo Otieno and Calvin Ochieng Odongo who were intercepted along Muthaiga Road trying to enter house number 44. The house belongs to businessman Jimi Wanjigi. Njagi said the two were arrested after being traced from Nairobi Central Business District (CBD). “Upon being intercepted the driver managed to escape…
Two petitioners Friday challenged the appointment of the 19 Cabinet Secretaries by president William Ruto. The Kenya Human Rights Commission and Wanjiri Gikonyo argued that there was no meaningful public participation adding that the selecting criteria were not provided to the public beforehand, leaving them unaware of how the National Assembly’s appointments committee made its decision. They argued that Parliament received memoranda that were never disclosed to the public in advance, and the criteria for their acceptance or rejection were determined in secrecy, without public accountability. “Despite the vetting process having been initiated by the National Assembly, the parameters for…
Former Kakamega governor Wycliffe Oparanya has threatened to institute legal suit against Ethics and Anti Corruption Commission CEO Twalib Mbarak should he fail to retract a letter written to the clerk of National Assembly expressing reservations over his nomination to the cabinet. Oparanya accused Mbarak of blatant abuse of office in maliciously targeting him for ulterior motives. In a letter on Friday August 2, the Cabinet Secretary nominee said, Mbarak should cease and desist from harassing him with unsubstantiated threats of corruption charges. “It is our instruction to demand, which we hereby do that you retract or cause to be…
A group wants the president and deputy president’s tenure terminated through a popular vote in a referendum. In a petition lodged before a Nairobi court under certificate of urgency the Kenya Bora Tuitakayo Citizens Association has accused the government of incompetence in addressing the country’s challenges and subsequent declining legitimacy of the presidency to steward the affairs of the Kenyan state and nation. The association has also accused president William Ruto and Rigathi Gachagua of violating the right to life, safety and human dignity during the anti-government protests. The petitioners say they are seeking judicial intervention to “prevent the current…
An activist wants all online platforms selling tobacco products, including shisha, that lack health warning labels and graphics be suspended. Fredrick Bikeri also wants online sales and distribution of the tobacco derived products and smoking in areas without health warnings and in public vehicles be prohibited. In the petition lodged before the high court under a certificate of urgency, Bikeri says the absence of health warnings on social media, websites, online stores, and other public platforms breaches Kenyans’ right to information under Article 35 of the Constitution. He says this is especially critical regarding the harmful effects of tobacco products…
A Nairobi anti corruption court on Friday released high-ranking officials and staff in the state department for correctional services on a cash bail of Sh4 million. The six who include the Assistant Director of Supply Chain Management Services, the Senior Accountant, Chief Finance Officer, several Accountants and a cleaner appeared before principle magistrate Celessa Okire and denied 68 counts of graft related charges. Mageto Omari, Sarah Kemunto, Moses Sirengo, Jack Ogao, Eric Mutai and Maureen Mwikya were jointly accused of conspiring to defraud the government of Sh301,908,000. They are alleged to have authorized payments for goods never supplied to the…