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…
Author: Pinnah Mokeira
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…
The High Court on Friday ordered the Director of Public Prosecutions (DPP) and Director of Criminal Investigations (DCI) to give protection to the key witness in the Wajir Member of County Assembly (MCA) Yussuf Hussein Ahmed abduction case pending a formal application for witness protection. Justice Alexander Muteti also directed the agencies to provide an updated report of the status of the investigations on October 7. When the matter came for mention, the court was told by senior superintendent of police Justus Imaana that they are yet to obtain CCTV footage from the lawmaker’s pickup point to the point he…
The Sports Dispute Tribunal on Friday temporarily stopped Shabana football club five- match ban pending hearing and determination of the case. This is after the team moved to the tribunal challenging the Football Federation of Kenya (FKF) decision to ban the fans from attending five consecutive home matches as punishment following allegations of fans misconduct during their dramatic 2-2 draw with Ulinzi stars on September 24, at the Ulinzi Complex Grounds. The tribunal also certified the matter as urgent and subsequently ordered the application to be served to the respondent by close of business Monday September 30. The matter has…
The Environment and Land Court suspended proceedings before a Garissa Rent Restrictions Tribunal pending hearing and determination of a suit filed following land dispute between two brothers. In the petition, the applicant who Aden Bare Shill argues that his brother who is a former Member of Parliament Elias Bare Shill moved to the Rent Tribunal seeking to have him evicted from the property they inherited upon their father’s death in 1973 on account of non payment of rent despite him being a non payment tenant. This is after Kadhi’s court threw out an ownership suit before directing it to be…
Shabana Football Club moved to the Sports Dispute Tribunal challenging a five-match ban by the football Kenya federation requiring them to play it’s five home games behind closed door. The Football Federation of Kenya (FKF) banned Shabana FC fans from attending the team’s five consecutive home matches as punishment following allegations of fans misconduct during their dramatic 2-2 draw with Ulinzi Stars on September 24, at the Ulinzi Complex Grounds. The team was also instructed to meet all the costs from the damage incurred as a deterrent to any form of hooliganism in football. They now want the tribunal to…
The High Court has directed the Inspector General of Police Douglas Kanja to produce the missing Wajir Member of County Assembly (MCA) Yussuf Hussein Ahmed by 10 a.m. Friday or provide explanation for his inability to appear in court. Justice Alexander Muteti has also approved the Law Society of Kenya (LSK) and Haki Africa’s application as co-petitioners in the case. The Director of Public Prosecutions (DPP) was directed to obtain instructions from the IG Kanja and the Director of Criminal Investigations Mohammed Amin for purposes of proper disposal of the ongoing proceedings. “If the subject (Missing MCA) is in the…