Robert Guyana

A Nairobi Court has threatened to arrest an Investigating Officer appearing before it for mishandling a case in which a director is charged with Sh 356M.
Milimani Trial magistrate Dolphina Alego threatened to issue s warrant of arrest against the IO who failed gpr a second time to produce evidential documents to accused so that the case can continue.

When the fraud case agaist former director Honey Khatwani came for mention yesterday,they sought more time to supply defence with documentary evidence.

But the magistrate declined instead blamed the investigating officer who was present in court for delaying the proceedings.

She warned the investigating officer to stop playing games with the case which might be seen as a collusion with the accused persons to delay the case.
A complainant in a case says the Investigation Officer is delaying the case while playing tactics..
Alego granted DPP a last chance to supply documentary evidence and materials to the defendants so that the case can kick off.
The state, through the DPP sought for a week so they could supply the documents to the court a move opposed by the defense, who argued that his client has been affected by this matter and wants it to be heard and determined as soon as possible.
In her ruling, the trial magistrate Dolphina Alego directed the matter to be heard on the 10th,July 2025 after the defense and the prosecution agreed that the pre-trial be conducted on the same day, as well as the supply of the documents to the defense.
According to the charge sheet, Khatwani is accused of stealing the money on diverse dates between January 1, 2020, and June 30, 2024, at Baba Dogo within Nairobi County. The funds, prosecutors said, came into his possession by virtue of his position as director.The accused is out on a cash bail of Ksh 5M with alternative bond of Ksh 10M.
He is said to have been threatening the witnesses and the complaints have strong feeling that the case is being frustrated by some Key Businessmen and Investigators.
Magistrate said if the IO does not want to prosecute the accused,they should release him and let the complainants have their way.

A Petitioner, Jared Nyabuto, has moved to  the high Court  to challenge the piloting of thirty-seven Constituency Sports Academy by the Kenya Academy of Sports alleging violations of the Constitution.

He alleges discrimination and favouritism in the distribution of the 37 Sports Academies across 23 counties.

Through his lawyer Enock Ongiti, instructed by the firm of K.O.M ADVOCATES LLP, the Petitioner says tha the leadership of the Ministry of Sports and the management Council of Kenya Sports Academy favoured their regions in awarding saud tenders.

“ The ministry officials allocated three academies to their home counties while giant counties in Sports such as Trans Nzoia, Nakuru, Kisii, Nyamira, Mombasa miss out,”reads the petition in parts.

He continues that through a readadvertisement of those tenders, when CS Kipchumba Murkomen took over the reigns at the Sports docket, he increased the number of academies in Elgeyo Marakwet from one to four.

“This means every constituency in the said county has an Academy while over 24 counties haven’t been allocated any Sports academy,”he added.

Speaking to the Petitioner’s lawyer, Enock Ongiti said that it is time that national resources be distributed fairly without favouritism.

He questions the criteria of allocating counties such as  Machakos and Busia Counties three academies, yet Nairobi has only two.

” The respondents  unfairly allocated the 37 constituencies sports academy and awarded tenders without following the due procedural  guidelines as provided for in the public  procurement and disposal act and procudures sorrounding this academies were shrouded in secrecies and the whole procedure violated the constitution,” he says.

Court directed that the application be served to respondents.

” I have read the notice of motion application dated 30/06/2025, the certificate of urgency of even date and the affidavit in support of Jared Ngisa Nyabuto and i direct that; If need be the applicant/ Petitioner is granted leave to file and serve rejoinder within 7 days,” Justice Lawrence Mugambi  ruled.

The petitioner is seeking to suspend that plan pending its hearing and determination.The

Embakasi East Member of Parliament Babu Owino has yet again successfully represented former Kenyan boxer and Olympian Suleiman Wanjau Bilali and former Harambee Stars captain Robert Otiti.

The two were to be charged with publishing false information but after serous legal submissions from Hon Owino and LSK lawyers,the two were set free today by magistrate Dolphina Alego.

Owino who is representing all Genzs illegally arrested said after the two were to be charged over allegation of mobilising demonstrators with intention of invading State House on June 25.

Magistrate Alego freed the two after rejecting an application by the prosecution to extend more time to complete investigation into the alleged offence.

“The application to extend days in the case is not merited,” I therefore discharge both suspects without any condition,” She ruled.

While closing the miscellaneous file the magistrate said the rule of law must be observed by all and required government agencies to uphold the constitution while discharging their mandate.

Alego took judicial notice of the recent events including the killing of albert ojwang at central police station and killing of Gen Z demonstrators.

MP Babu Owino had made his maiden court appearance as a High Court advocate, representing two suspects accused of mobilizing the June 25 protest anniversary that rocked Nairobi and other parts of the country opposed the prosecution application.

He had appeared alongside lawyers John Maina  and LSK representive Bner Mango to defend Suleiman Wanjau Bilali and Robert Otiti Elwak(former Harambee Star captain), who were arraigned in court as the police sought custodial orders to detain them for 10 days to conclude investigations.

However, the MP opposed the application, saying no solid evidence had been presented to justify further detention. He described the suspects as national heroes, Bilali being a former captain of the national boxing team and Otiti a former Harambee Stars player.

Owino, Mango and  Maina vehemently opposed the application of detention saying it lacks merit and was vixious urging the court to ignore it,

The suspects were arrested in Muthurwa and Kayole and are accused of publishing false and insightful information on social media, allegedly intended to mobilize unlawful protests. Police told Senior Principal Magistrate Dolphina Alego that the duo had published a sensational protest time on X (formerly Twitter), aimed at provoking public unrest.

The prosecution further claimed the suspects were part of a group that planned to infiltrate peaceful protests with violent goons, aiming to destabilize national security, assault protesters, and incite chaos around State House — a protected security installation.

According to the investigating officer, the suspects allegedly incited crowds to loot, disrupt peace, and cause unrest. The prosecution requested a 10-day extension to allow for forensic analysis of the suspects’ phones, review of M-Pesa and bank records, and collection of witness statements.

The Office of the Director of Public Prosecutions (ODPP) argued that the complexity of the case and the gravity of the allegations warranted the extended detention.

On in almost similar case on Thursday,Bilali jointly with  Otiti were set free after he represented them.

The duo were arrested on June 24, 2025, at Muthurwa and Kayole respectively in connection to the offence of publication of false information and booked at Capitol Hill police station where the matter was reported.

A complainant in a case where a former Company director Honey Khatwani has been charged with over Sh 350M fraud says the Investigation Officer is delaying the case while playing tactics..

When the matter appeared today before magistrate Dolphina Alego,she granted DPP a last chance to supply documentary evidence and materials to the defendants so that the case can kick off.

The magistrate ordered so after the Investigation Officer failed to avail the documents.While seeking an adjournment, the state, through the DPP, asked for a week so they could supply the documents to the court a move opposed by the defense, who argued that his client has been affected by this matter and wants it to be heard and determined as soon as possible.

In her ruling, the trial magistrate Dolphina Alego directed the matter to be heard on the 10th,July 2025 after the defense and the prosecution agreed that the pre-trial be conducted on the same day, as well as the supply of the documents to the defense.

According to the charge sheet, Khatwani is accused of stealing the money on diverse dates between January 1, 2020, and June 30, 2024, at Baba Dogo within Nairobi County. The funds, prosecutors said, came into his possession by virtue of his position as director.The accused is out on a cashbail of Ksh 5M with alternative bond of Ksh 10M.

He is said to have been threatening the witnesses and the complaints have strong feeling that the case is being frustrated by some Key Businessmen and Investigators.

City lawyer Charles Mugane who is also a human rights defender has written a letter to the President of the Republic of Kenya Hon Samuei Ruto requesting for information under Article 35 on construction of 8,000 seater mega church at statehouse.

Under the law firm of MUGANE LAW LLP,he wants an explanation from State House on the legality of the construction of that mega church saying that the said construction is marred with opaqueness and lack of transparency.

“There is no budget set aside for such a project,No written jurisdiction of such an enormous project has been availed to parliament and the general public for approval,”added Mugane in his letter addressed to the Executive Office of the President and Statehouse Controller.

In a letter dated July 8,2025,Mugane says that such project may be interpreted to be discriminatory against other religions existent in Kenya.

Renowned City lawyer Charles Mugane (in the middle)

“In circumstances,we invoke the provisions of Article 35 of the constitution of Kenya on the right to access to information held  by yourselves and hence demands a written justification on the need to construct an 8,000 seater church in State House,”added Mugane.

He also demands an explanation on the comments emanating from any public participation undertaken by them.

Vocal city lawyer is also seeking to have information on proposed budget and approved architectural drawings for the intended church and approved plans by the Nairobi County.

He wants information on existence of further plans to construct other sanctuaries to cater for the needs of citizens professing  other religious beliefs in State House.

Mugane has given the state seven days to respond failure to which he will proceed to the next legal step.

Mugane is a Human Rights Defender,a Constitutionalism enthusiast and an advocate of the High Court of Kenya.

He says that he has learnt in shock the intended construction of a mega church at Statehouse Nairobi,reports which are widely circulating in mainstream media.

He says that while it is deemed a notable task to be undertaken by the leader of the nation,key and certainly crucial questions linger in the minds of the governed in relation to the legality of the exercise to be undertaken.

Top among them is the approximate cost of the project as well as the source of such allocation.Aware that the president has already dispelled rumors of any public expenditure,one cannot escape the thought that President has already dispelled rumors that the current regime billions of monies have been allocated towards the renovation of the statehouse which has sparked mixed reactions.

He says statehouse is public property and Kenya is a constitutional Democracy that only pledges its allegiance to its Constitution the people gave themselves in the year 2010.

During today’s ruling on 3rd July 2025 at the Milimani Law Courts, Magistrate Benmark Ekhubi stated that the officers should stay at Capital Hill Police Station for an additional seven days. This extension allows the Independent Policing Oversight Authority (IPOA) to complete its investigations.

A man involved in a robbery scheme amounting to KSH 999,000  has been detained for 10days.