The High Court was urged on Friday to declare sections of Kenya’s narcotics law unconstitutional for criminalising the private use, cultivation and possession of cannabis, with petitioners arguing that the provisions violate the rights to privacy and freedom of religion. Appearing before Justice Bahati Mwamuye at the Constitutional and Human Rights Division, lawyers Shadrack Wambui, Danstan Omari and Jeff Kangethe, representing Rastafari Society of Kenya (RSK), challenged sections 3, 5 and 6 of the Narcotic Drugs and Psychotropic Substances Control Act. The petitioners told the court that the law imposes a blanket prohibition on cannabis use without distinguishing between public…
Author: Pinnah Mokeira
A Nairobi-based journalist and football player has moved to the High Court seeking Sh200 million in damages after being issued with expired drugs by Luton Hospital, an incident he claims left him with severe leg swelling and long-term mobility complications. In the petition filed before the Constitutional and Human Rights Division at Milimani, 37-year-old Dominic Osiemo Nyang’au said he was treated at the hospital on March 18, after experiencing persistent stomach pain and undergoing an endoscopy procedure. According to court documents, doctors prescribed him two medications LAEKIT and PROBIO but only PROBIO was available at the hospital pharmacy. He allegedly…
The Kenya Medical Research Institute (KEMRI) is on the spot following claims by a Siaya woman that she turned HIV-negative after previously testing positive and undergoing treatment. In a demand letter dated May 6, the woman, through her lawyers Danstan Omari, Cliff Ombeta, Martina Swiga and Stanley Kinyanjui accuses KEMRI of issuing conclusions that contradict her medical history and has demanded a retraction of the institute’s findings contained in a letter dated April 20. The lawyers argued that the case raises complex questions regarding medical science, public health administration and legal accountability. The woman was first diagnosed with HIV in…
A Kibera Chief Magistrates Court allowed the Directorate of Criminal Investigations (DCI) to detain a woman for 10 days pending investigations into the death of a 79-year-old retired doctor. Beatrice Wangari will be held at Kilimani Police Station following a court ruling on Monday that partially allowed the DCI’s application for custodial detention. The DCI had sought 14 days, but the court reduced the period to 10 days. Wangari was arrested on May 1, after the death of Dr. Job Obwaka at her residence in the Milimani area of Kitengela. According to an affidavit filed by Sgt. Rhoda Nzioka of…
The High Court in Kiambu issued conservatory orders blocking the National Executive Committee of the Football Kenya Federation (FKF) from suspending or removing its elected NEC member, Abdullahi Yusuf pending hearing and determination of the petition. Justice Bahati Mwamuye issued the interim orders on April 28, restraining the FKF NEC from interfering with Yusuf’s office and restoring the status quo that existed before an April 24 meeting in which he was allegedly directed to “step aside.” “In the event that any such adverse action and/or decision has already been taken the same be and is hereby stayed and the status…
Court of Appeal Judge Joseph Kipchumba Katwa Kigen defended his impartiality after questions were raised over his past role as legal counsel to President William Ruto, as he appeared before the Judicial Service Commission (JSC) for interview for appointment to the Supreme Court. Kigen acknowledged that he had previously represented the President but insisted that this should not be interpreted as a basis for bias, saying he would discharge his judicial duties fairly and strictly in accordance with the law. “Yes, I have represented him, but I intend to be as objective and neutral in the discharge of my functions…
Former Independent Policing Oversight Authority (IPOA) Chairperson Anne Waceke Kiratu Makori on Tuesday cited her extensive background in public service, corporate governance and human rights as key qualifications for appointment to the Supreme Court. Appearing before the Judicial Service Commission (JSC) panel chaired by Chief Justice Martha Koome, Makori was the first of five shortlisted candidates interviewed for the position at the Milimani law courts. Makori told the panel that her early career involved contributing to reforms at the East African Standard Group, where she helped establish legal and governance structures, an experience she said laid the foundation for her…
Former Independent Policing Oversight Authority (IPOA) Chairperson Anne Waceke Kiratu Makori told the Judicial Service Commission (JSC) that if selected as a Supreme Court judge, she will be firmly guided by the Constitution and the law in executing her duties. Appearing before the commission, Makori said judicial decision-making must remain anchored in constitutional principles, adding that she would uphold integrity, independence, and accountability on the bench. “Whatever I do must be supported by the Constitution and the law,” she said. “If I encounter a conflict, I will disclose it to my colleagues and we will determine the best approach.” Makori…
A defamation case involving former Nairobi Governor Mike Mbuvi Sonko and lawyer Lucy Momanyi took a dramatic turn at the Milimani High Court, with Sonko standing by his past remarks and insisting they were both truthful and made in good faith. While being cross-examined on Monday, Sonko told the court that his controversial comments, among them referring to Momanyi as a thief during a televised interview were based on what he genuinely believed at the time. “I spoke openly during the morning show. Everything I said reflected what I believed to be true,” he said, referencing his 2014 appearance on…
Owners of the disputed Paradise Lost land have accused armed individuals, allegedly backed by prominent politicians, of forcibly occupying their 248-acre property. The land which is on Kiambu Road is valued at about Sh20 billion. Court documents filed before the Kiambu High Court alleged that the family of Daniel Mwangi Mbugua held the land under freehold tenure for over five decades and was invaded on April 11, 2026 by a group of about 20 armed men. The group reportedly asserted ownership of the property, illegally. In the petition, the family through their lawyers Danstan Omari and Duncan Okatch alleged that…
A Nairobi court has released an activist accused of attempting to extort money from the Director General of the Kenya Wildlife Service (KWS) on bail. Francis Awino Onyango appeared before Magistrate Teresa Nyangena, where he denied a charge of attempted extortion by threats. The prosecution told the court that on January 14, 2026 at the Kenya Wildlife Service offices in Lang’ata Sub-County, Nairobi, Onyango allegedly attempted to extort Sh1.7 million from Prof. Erastus Kanga. It is alleged that he threatened to file a petition seeking Kanga’s removal from office over alleged violations of Chapter Six of the Constitution on leadership…
The High Court temporarily halted a decision by the Technical and Vocational Education and Training Authority (TVETA) to revoke the accreditation of the Kenya Institute of Management (KIM), pending further directions. In orders issued at the Milimani Law Courts, Justice William Musyoka granted KIM leave to commence judicial review proceedings against TVETA’s decision. The judge further directed that the leave operate as a stay, suspending both the revocation and a closure order issued on April 20. “I hereby grant leave… In the meantime, there shall be a stay,” Justice Musyoka ruled. The matter will be mentioned on April 29, 2026…
Lobby group Sheria Mtaani has threatened to move to the High Court to challenge any legislative attempt to transfer prosecutorial powers from the Office of the Director of Public Prosecutions (ODPP) to the Ethics and Anti-Corruption Commission (EACC). Addressing the media at Milimani Law Courts, the group’s legal representatives Danstan Omari, Shadrack Wambui and Stanley Kinyanjui warned Parliament against pursuing what they described as a potentially unconstitutional move that could destabilize Kenya’s justice system. Omari issued a stern warning to lawmakers, saying that any effort to reassign prosecutorial authority could be challenged immediately in court. “Anybody in Parliament listening, thinking…
One of the three intended interested parties in the Savannah Heights director’s suit has filed an urgent application seeking to be joined in Miscellaneous Criminal Application they argue threatens to reopen issues already settled by a constitutional court. The applicants Donald Kiboro Mwaura, John Gachanga Kaiganaie and Savannah Heights Limited through their lawyers Danstan Omari, argued that their inclusion is necessary to prevent what they describe as an abuse of the court process. At the centre of the dispute is an earlier application by businessman Benson Sande Ndeta, who is seeking to stay criminal proceedings before a Milimani Chief Magistrate’s…
The High Court has dismissed an application by the United Democratic Alliance (UDA) party’s Electoral Nomination & Dispute Resolution Committee seeking to suspend a tribunal judgment that reinstated nominated Senator Gloria Magoma Orwoba. In a ruling delivered virtually on April 13, Justice Linus Kassan also threw out a preliminary objection filed by Senator Orwoba, but ruled that the committee had failed to demonstrate substantial loss, making a stay of execution unwarranted. The dispute traces back to May 16, 2025, when the UDA’s disciplinary committee expelled Orwoba from the party. She successfully challenged the decision at the Political Parties Dispute Tribunal…