Court has been informed that the late James Mburu—father to Kiambu County Deputy Governor Rosemary Njeri Kirika had a home in Gatanga.

During a hearing of that case,a court was informed that originally he had a family and home in Gatanga, Murang’a County before relocating to Gilgil, Nakuru County.

Testifying before trial Magistrate Gitonga, Kang’ethe Mburu, a nephew to the deceased, affirmed that his uncle was married to his first wife, Philis, and had a home in Gatanga. He further stated that Mburu’s second wife, Magdalene, later moved abroad, during which time Mburu continued living with his first family in Gatanga. He also confirmed that Magdalene’s house in Gatanga remains intact.

Another witness, Wanderi Macharia, an official of the Anglican Church of Kenya (ACK), told the court that while Mburu was a practicing Anglican, he still adhered to certain cultural norms. However, he noted that the deceased never disclosed to him the existence of another family in Gatanga, despite occasionally driving him to Murang’a.

Agikuyu Elders Warn Against Cultural Violations

During previous proceedings, three traditional elders from the Agikuyu Council of Elders testified, arguing that burying Mburu in Gilgil would violate Kikuyu cultural customs.

Traditional experts Moses Muhia Maina and Patrick Kiguta Kimani informed the court that, traditionally, an Agikuyu man should be buried at his first wife’s homestead on ancestral land, with the eldest son responsible for approving the burial site. Based on these customs, they asserted that Gatanga was the rightful place for Mburu’s burial.

The elders also cautioned that disregarding these traditions could bring irreversible misfortunes upon the family, emphasizing the importance of following cultural practices.

Family Defends Gilgil Burial Plan

On the other hand, Deputy Governor Kirika and her siblings argued that their father had deliberately left Murang’a to start a new life in Gilgil with their mother, Magdalene Waithera Mburu, following a legally recognized wedding.

They further alleged that Mburu had faced hostility from his Gatanga family, including an alleged poisoning attempt, which prompted him to seek refuge in Gilgil.

The case continues as both parties await the court’s ruling on the burial site.

A man in fake jobs scandle has been charged at Milimani Law Courts.

Michael Gikonyo Muthoni Alias David Mbugua Mungai has denied charges before magistrate Lucas Onyina.

He has been charged that on October 5,2024 and October 28,2024 at unknown place within the Republic,with intent to defraud you obtained Sh 1,951,000 from Christine Nyambura Nkonge by falsely pretending that he was in a position to secure jobs for her clients abroad knowing it was false.

He faced a second count of obtaining money by false pretence cobtrary to section 313 of tge penal code.

The court was informed that on diverse dates between October 21,2024 and October 28,2024 ,he obtained Sh 300,000 by falsely pretending that he would jobs for her clients abroad knowing it was untrue.

Through her lawyer,the accused pleaded with the court to be released on favourable bond terms saying he has cooperated with the investigators.

“Your honour i have been out on a police bond of Sh 30,000 and i am not a flight risk,”he added.

The accused informed the court that he has been faithfully attending court summons and there is no grounds to deny the accused bond.

She added that it is in the interest of justice that the accused be granted bail and that he will comply.

He said he will also be attending court.He was released on Sh 400,000 cash bail or a bond of Sh 700,000.

The matter will be mentioned on March 26,2024.

A mother of a Minor detained by a pastor is seeking justice from  the court.

In application filed at Employment and Labour Relations Court,seeking orders to have the Child who is 16 years released by Pastor Daniel Owino.

The minor is allegedly facing criminal charges at a Ngong law courts, her mother has filed an application at the employment and labour relations courts seeking to stop the said proceedings.

Esther Beja a resident of Kwale, through city lawyer Elizabeth Ochieng says that the responded who is a pastor has been engaging in a ring of child abuse,child trafficking and labour.

In the application, the applicant is seeking court orders to have the respondent restrain from verbally engaging the applicant,the applicant family and friends or any other person associated with the applicant.

She also added that the applicant be restrained from harrassing, intimidating stalking and engaging in any behaviour which amounts to emotional,verbal or psychological abuse of the applicant.

Mrs Beja further accused the respondent of using the minor to perform households duties despite the fact that he had agreed to take the child to school while under his custody.

“In a sudden twist of event,the respondent started engaging the minor in a household chores in stead of taking her to school” said the lawyer.

In the matter, it is alleged that Mrs X a minor who is charged with malicious damaged to property was staying with Daniel Egesa.

According to the charge sheet,it’s alleged that she damaged a television valued at Ksh 33,990 the property of Daniel Egesa,the offence is alleged to have been committed on the January 13th 2025 in Ongata Rongai township.

Due to financial constraints of the family, former Nairobi governor Mike Mbuvi Sonko came to the rescue of the minor by securing her bond terms.

Speaking in Ngong during the mention,Sonko told the journalist that he was willing and ready to take the minor to school so that she can achieve her dream.

Nyeri senator Wahome Wamatinga has demanded a public apology from the former deputy president Rigathi Gachagua over defation claims.

The aggrieved Senator who talked to the media today said Rogathi has accused him of receiving Sh ten million from president William Ruto during the impeachment motion.

Through city lawyer Wycliffe Nyabuto,Wamatinga says the defamatory statement by Rigathi in a function at Machakos has ruined his reputation including affecting his business.

Wamatinga insist that he  is a family man and since the statement was made by the former deputy president,his businesses  have been heavily affected with other people from the region portrayed him a corrupt leader.

According to Nyeri senator,he voted in support of the motion based on the evidence that was brought before the Senate.

Lawyer Nyabuto says that Gachagua has until Monday to respond,failure to which he will institute a legal battle against the former deputy president.

Last weekend in a function at Machakos county,the former deputy president Rigathi Gachagua told the public that he was betrayed by his own brother the Nyeri senator who received ten million from the state to vote him out.

Blow for The National Assembly Majority Leader Kimani Ichungwa as he has lost in bid to stop a defamation case against him.

High court has declined  to suspend the defamation proceedings filed by lawyer Danstan Omari.

Ichungwa through his lawyer Cecil Miller had appealed the ruling issued by the magistrate court barring him from further tweeting about him on social media pending determination of case filed by Omari.

Magistrate C.K Cheptoo had barred Ichungwa from publishing defamatory information on any media and in any manner whatsoever about Omari and also ordered him to pay the lawyer costs of the application.

Justice Thropsisa Cherere disallowed the application saying Ichungwa has not demonstrated how the continuation of the suit against him will occasion him irreparable harm.

She further ruled that if the appeal is successful, it can still be accommodated without necessarily halting the court process.

“The application dated 10th February seeking stay of proceedings is disallowed without necessarily halting costs to the respondent,” the judge ruled.

Ichungwa through lawyer Cecil Miller had appealed the ruling of injunction against him by the magistrate.

Omari had objected to the application for stay of proceedings saying the existence of the orders does not impede the hearing of the appeal in any way and furthermore Ichungwa had not laid cogent and undisputable basis as to the prejudice they would suffer if the hearing were to proceed as planned.

Omari also asked court not to suspend execution of the orders issued barring Ichungwa from tweeting about him saying there is no prejudice which has been shown to be suffered unless he intends to continue to publish defamatory information about him.

A court in  Nairobi  has  disallowed Music Copyright Society of Kenya (MCSK) from collectin royalties on behalf of its members and issue copyright licenses.

Commercial and Tax Division Court Judge Lady Justice Josephine Mong’are on Monday struck out MCSK’s petition and dismissed their application saying the court lacked jurisdiction to hear the matter.

In June last year, Justice Mongare issued conservatory orders to MCSK, a Collective Management Organisation (CMO), in the application filed in court under certificate of urgency allowing them to collect royalties on behalf of its members.

While delivering her ruling, she observed that the CMO had prematurely moved to court without exhausting the dispute resolution mechanism before the Copyright Tribunal.

“MCSK prematurely filed the petition, violating the doctrine of dispute exhaustion as the Copyright Act, 2001 provides an elaborate dispute resolution mechanism prior to any appeal at the High Court,” she observed.

The ruling by Justice Mongare nullifies orders she issued on June 18, 2024, which had temporarily allowed MCSK to collect and license copyright users. This technically deprives the CMO the powers to collect royalties or issue licenses to users of music.

In the petition, MCSK had also sought orders restraining the Performing and Audio-Visual Rights Society of Kenya (PAVRISK), being the sole licensed CMO from using its license issued to it by the Kenya Copyright Board (Kecobo) to collect revenues for MCSK members.

In the suit filed by Wachira and Mumbi Advocates on behalf of MCSK, Kecobo, its board chairman and its chief executive officer were sued as first, second and third respondents respectively while PAVRISK has been named as an interested party.

In its bid to streamline the creative industry, Kecobo issued an all-inclusive license to PAVRISK as a single CMO mandated to collect and distribute royalties to musicians and audio-visual rights holders in a competitive process held in June last year.

Five organisations, among them MCSK, PAVRISK, Kenya Association of Music Producers (KAMP), Film Makers Rights Achievers of Kenya (FRAK), and Collective Management Services had submitted their applications to Kecobo for consideration in the registration and licensing of a single CMO in the country.

“The honourable court be pleased to issue conservatory orders restraining the interested party from collecting and/or distributing any monies and royalties to for and /or on behalf of the petitioner and its affiliate members on the strength of the operating license issued to it by Kenya Copyright Board, pending the hearing and determination of the suit,” MCSK avers in the motion dated June 18, 2024.

The petitioner had also sought orders to be allowed to continuing collecting monies and distributing royalties to its affiliate members on the strength of the operating license previously issued to it by Kecobo, which expired in June 2024, pending the hearing and determination of the matter.

On its part, Kecobo submitted that the petitioner had not exhausted the dispute resolution mechanism provided for under the Copyright Act 2001 by moving to court to seek intervention thus by-passing the Copyright Tribunal.

“The petitioner violated the doctrine of exhaustion, which we implore this court to concur with, and there being no reasons at all advance as to whether the statutory provided mechanism is insufficient,” said Kecobo.

It further submitted that the Copyright Act 2001 provides a clear procedure that ought to have been pursued by MCSK in challenging its (Kecobo) decision to grant an all-inclusive operating license to the interested party—PAVRISK.

It avers that the right procedure ought to have been taken was to lodge an appeal at the Copyright Tribunal, which MCSK failed to do, thus divesting the court with any jurisdiction.

Kecobo avers that after MCSK’s application for an-inclusive license was denied, MCSK was obliged to challenge the decision of the board at the Copyright Tribunal in the first instance.

Kecobo has defended its decision to issue an all-inclusive operating license to PAVRISK as a sole multi-rights CMO, saying the organisation satisfied the board and met all the requirements as stipulated by the regulator during the competitive recruitment exercise.

6

Huruma member of County Assembly accused of holding fake academic documents has been charged with forgery.

Peter Owere Oluoch appeared before Anti_corruption magistrate Isabella Barasa and denied the charges.

The state did not appose his release on bail.

Lawyer Ochichi said the accused is a serving member of Nairobi county assembly, specifically Huruma ward.

While seeking for his release on bail,he informed the court that he has a fixed place of aboard.

The court was informed that he attended all the sermons by the investigation  team when called upon.

He is charged that on December 2012,he presented a fake diploma certificate at Intergrity Centre claiming it was  from Kenya Politechnique.

The accused faced several counts of forgery.

He was released on a Cash bail of Sh 500,000 or a bond of  Sh Bond 3m.

25th March pre trial

Two Kenyan Lawyers have dismissed a petition filed at the Public Service Commission (PSC) against the Chief Director of Public Prosecution in Kenya claiming that they lack merit.

The two Lawyers; Danstan Omari and Shadrack Wambui have urged the PSC to dismiss the said petition arguing that it holds on ground.

The advocates were responding to businessman Hussein Aila Amaro who without accused Ingonga of misconduct for alledgly withdrawing a criminal case involving death threats against him.

However, the lawyers argue that the petitioner has been misled and that the allegations of misconduct lack substance adding that the case remains active and has not been withdrawn.

The petition, currently before the Public Service Commission, seeks the DPP’s removal on grounds of gross misconduct. However, the DPP’s legal team maintains that the decision to terminate charges against Farida Idrisa was within his legal mandate and does not constitute incompetence.

They further emphasize that similar cases were dismissed last year, asserting that such decisions fall within the DPP’s discretion. Labeling it misconduct, they argue, is both misleading and unfortunate.

“The matter is still ongoing. The court dismissed the application for withdrawal, and proceedings will continue on May 27,” said lawyer Danstan Omari.

Omari said the case was heard up to the Court of Appeal in a civil matter, where the application was ultimately declined.

He said the Office of the Director of Public Prosecutions (ODPP) operates within a legal framework that grants the DPP the authority to institute or withdraw charges when necessary.

The advocates stated that the office of the DPP deserves respect and must be respected in totality