Sentenced prisoners have a right to attend burials of close family members unless there are compelling reasons for declining such permission, the High court declared Friday. Justice Lawrence Mugambi said all sentenced prisoners and pretrial detainess held in custody have right to be treated humanely. This right he said includes permitting them to attend funerals and burials of their close family members unless there are compelling reasons for declining granting of permission. This right he said, however, is not absolute as such decisions to allow inmates attend funerals cannot be made spontaneously. He made the orders following a petition filed…
Author: Pinnah Mokeira
A court will Friday, February 23 morning rule if it will detain televangelist David Ngari Gakuyo for four days pending further probe into allegations of embezzling Sh1.3 billion from members of his Ekeza Sacco. After hearing arguments on if the businessman should be detained or not, the magistrate ruled he will announce the decision Friday February 23 at 11 on whether he will be detained or released on bail. In the meantime, he will be detained at Muthaiga police station. Police asked the court to grant them four days to detain Gakuyo pending investigations into him and companies associated with…
The police want to detain Televangelist David Gakuyo for four days pending further probe into allegations of embezzling Sh1.3 billion from members of his Ekeza Sacco. In an application filed at the Milimani Law courts on Thursday February 22, the DCI said they are investigating a case of conspiracy to commit a felony, obtaining money by false pretenses, stealing and money laundering involving over Sh1.3 billion. Gakuya was arrested at JKIA on 21 February while headed to Zambia. DCI officer Bernard Gikandii said the investigations are at an advanced stages. “We are likely to have him charged in several cases…
The Office of the Director of Public Prosecutions obtained an order suspending any further proceedings touching on the Sh30 million graft case facing former Kenya Pipeline Managing Director Charles Tanui. In unprecedented move, the ODPP moved to the high court to stop the case which was almost complete. It comes three days after a Magistrate’s court declined their application to withdraw the case. Senior Assistant Director of Public Prosecutions Alexander Muteti revealed to the magistrate court that they had obtained an order on Tuesday suspending the case. The case had been listed for further hearing Wednesday with the Investigating officer…
The High Court Tuesday gagged Kakamega businessman Cleophas Shimanyula alias Toto in a defamation case filed by Senator Bonny Khalwale. Lady Justice Janet Mulwa also transferred the case to Kakamega from Nairobi in a ruling. “The court notes that all the events leading to filing of the suit and the instant Motion took place at Kakamega County. The plaintiff too is the Senator of Kakamega County. In the interest of justice and territorial jurisdiction of the court, i find it prudent to transfer this suit for hearing and determination at the High Court at Kakamega.” “In the meantime, prayer number…
Meru University of Science and Technology suffered a major blow on February 16 after a court nullified the appointment of Human Resource Manager and Corporation Secretary/Head of Legal Affairs at the institution. The university’s Vice Chancellor had on January 18, 2023 recruited two officers to the said positions, prompting David Njoe Kithuka’s move of filing a lawsuit at the High Court claiming the appointment as invalid, null and void. While quashing the appointment, Justice Onesmus Makau stated that the institution had failed to uphold the rule of law, the constitution, and protecting public interest. “In view of the matters above…
An employee of Chemi and Cotex (K) Limited was Monday charged with stealing over Sh39 million which came to his possession by virtue of his employment. He appeared before a Milimani Chief Magistrate’s court. Wycliff Mwangi Githinji was released on bail after denying the charge. He is accused of stealing the said money between January 1, 2022, and December 7, 2023, alongside others not before the court. Githiniji through his lawyer Kiriko Ndegwa asked senior principal magistrate Bernard Ochoi to admit him to reasonable bail and bond term. The court heard that Githinji who was only a week old in…
Kakamega Senator Boni Khalwale made good his threats to sue businessman Cleophas Shimanyula alias Toto over defamatory remarks he made against him. Through his advocate Danstan Omari, Khalwale seeks an order stopping Toto from posting and publishing on any media platform defamatory remarks relating to him, his family and late employer Kizito Moi Amukune. Khalwale says he has been subjected to multiple defamatory remarks steered by Toto over the past few weeks. He claims the businessman has been spreading malicious rumors about him relating to the death of his late employee. “Despite demands for retraction and unconditional apology, Cleopas has…
Four Hawkers were Monday charged with selling unregistered pest control products. They appeared at the Milimani Chief Magistrate Court, Nairobi. Watson Mwangi Macharia, James Mwangi Njeri, Peris Wanjiku Wainaina and Alberta Barbra were released on bail after denying the charges. They were charged that on February 16, at the sidewalk next to Tom Mboya monument along Moi Avenue in Nairobi within Nairobi County, they were jointly found selling unregistered pest control products. They were accused of offering 204 Pestmax insecticides, comprising 23-litre, 0.5-litre, and 250ml containers, contravening the provisions of the Pest Control Products Act. Due to the false products…
A worker with African Airlines Association was Monday charged with stealing Sh6.9million. Joshua Kipruto Ngetich appeared before the Milimani Chief Magistrate’s court, Nairobi. Ngetich is accused of committing the crimes on diverse dates between January 1, 2022 and December 31, 2023. He is accused of conspiring to steal at the African Airlines Association office in South C. Ngetich, an accountant at the association is also accused of stealing Sh6,860,581. He however denied the charges. Through his lawyer he asked Senior Principal Magistrate Bernard Ochoi to release him on reasonable bond and bail terms. The court heard that the accused has…
A Nairobi resident Monday moved to court challenging the setting of the mandatory retirement age as 60 years and 65 years for persons with disability. Charles Chege Chege wants the court to declare that the mandatory retirement age in both the private and public sectors is unlawful. He argued that the right to work should not be understood narrowly to mean limitations by retirement age but should be interpreted purposely to give the greatest positive effect to it. He further argued the Federation of Kenya Employers has heavily borrowed from the public sector to force its subjects to retire at…
Affluent city businessman John Peter Kamau Ruhangi has moved to court seeking compensation for malicious prosecution, wrongful arrest and detention. In a suit lodged at the milimani chief Magistrate’s court, commercial division on February 12, he wants Sh10 million cost incurred in defending a criminal case where he was charged with malicious damage to property and consequently acquitted on January 6, 2022. “Special damage for the cost incurred in defending criminal case No MCCR/409/2016 amounting to Sh10,000,000,” says part of the suit papers. Ruhangi says he was unlawfully arrested and detained owing to the insufficient details in the charge sheet…
The Judicial Service Commission Friday published the names of shortlisted candidates for the position of chief registrar of the judiciary. The JSC on October 23, 2023 announced a vacancy for the position of Chief Registrar of the judiciary following the retirement of Anne Amadi from the office after serving for 10 years. Out of the 43 candidates who applied for the position after advertisement of the position only seven candidates have been shortlisted. “Having reviewed the applications for completeness and conformity with the constitutional and statutory requirements set out in the advertisement Ref. V/No. 30/2023 of 23 October 2023, the…
A Milimani Anti-Corruption Court Friday dismissed an application by the prosecution seeking to withdraw the ongoing graft case against former Kenya Pipeline Managing Director Charles Tanui. In the application opposed by the Ethics and Anti Corruption Commission (EACC), the Magistrate said that the power to withdraw cases is not absolute but must be exercised judiciously, with due regard to public interest. Some 25 out of 26 witnesses had already testified. An application by the office of the Office of Director of Public Prosecutions (ODPP) to have the Sh30 million graft case facing Tanui withdrawn was declined. Anti corruption Magistrate Victor…
A middle aged man was on Thursday charged with committing an indecent act with a child in Texas, USA. He appeared at the Milimani Chief Magistrate’s court, Nairobi. Anthony Kimamo Wachira Alias Dad is accused of committing the crime on diverse dates between the year 2021 and June 2022. He is charged that at an unknown place in Texas within the republic of USA, he intentionally and unlawfully touched the buttocks of a minor female M.M aged 7 using his hands. Wachira is also accused of intentionally and unlawfully touching the vagina and buttocks of a minor female I.K aged…