A Nairobi lawyer wants the County Physical and Land Use Planning Liaison Committee (PLUPLC) to strike out governor Johnson Sakaja’s decision to halt all building development and excavation approvals in Nairobi county. In the appeal filed before the PLUPLC, Victor Odhiambo says Sakaja’s undated notice is “neither statutorily supported nor backed by a gazette notice”. According to Odhiambo all communication on planning matters should fall under the ambit of the county executive committee and not the governor. “The unilateral decision by the County Government to halt the consideration and issuance of building approvals is unconstitutional and a violation of the…
Author: Pinnah Mokeira
The Ethics and Anti Corruption Commission Wednesday raided the homes and offices of the Chief Executive Officer (CEO) of Kenyatta National Hospital (KNH) in a Sh634.4 million probe. The commission deputy CEO Abdi Mohamed said the detectives conducted a successful investigative operation targeting Kamuri, who is currently under investigations for alleged involvement in various forms of corruption and economic crimes at the Hospital. The operation was pursuant to Orders issued by the Court. The Commission is investigating allegations that the suspect has engaged in abuse of office, conflict of interest and irregular award of tenders worth Sh634,465,000 to companies associated…
The High Court declared Kenya Kwanza administration’s decision to reduce political parties fund illegal. In a major win for the Orange Democratic Movement (ODM), High Court Judge Chacha Mwita found that Parliament cannot reduce the amount set in law. The judge also suspended the implementation of the supplementary Appropriation act (no 3), 2023 published on November 23. In the petition, the Raila Odinga party accused Kenya kwanza administration of cutting down funds meant for political parties, a Move they said was meant to weaken the opposition. The judge argued that the money is provided for by the Political Parties Fund…
Two Kenyans have sued the salary and remuneration commission (SRC) over their decision to transition from National Health Insurance Fund (NHIF) to Social Health Authority (SHA). In a petition filed under a certificate of urgency Gwaragwara Nkosi and Khadija Ali, employees of NHIF, want the court to stop the transition Committee either by themselves, their agents, representatives, or employees from submitting their report to the President , Ministry of Health, SHA and NHIF board pending hearing and determination of the petition. The duo argue that the raising of salaries has caused disparities where the management staff are earning less than…
An activist wants a church built in a school compound in Ruaraka constituency, Nairobi to be demolished. In a petition lodged before the Environment and Land Court in Nairobi, Ezekiel Otieno has accused the managing board of Drive Inn Primary school of misusing school property by allowing the Ministry of Repentance and Holiness Mathare North church to construct and erect the church in the school compound. Otieno faults the respondents for failing to involve the people through public participation and civic education programs before starting the construction of the church. He now wants the court to order that the construction…
A family wants their kin to be produced before court or released. In a habeas corpus filed before the High Court, Isaack Ibrahim’s brother says they are living with anxiety and stress caused by the forced disappearance and abduction of Ibrahim without the benefit of being subjected to any legal proceedings. The businessman was abducted on May 2, from his house in Bulla in Elwak Sub County, Mandera by individuals disguised as police who were wearing combat police uniforms and driving three land cruisers in guise of effecting an arrest. “In any event, Isaack Ibrahim has an absolute right to…
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…
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…