Tycoon Yagnesh Devani to be charged today in Sh 7.8B Triton Oil Scandal.

The Prime suspect in Ksh.7.6B Triton oil scandal Billionaire Yagnesh Devani will now have to spend night at Kilimani police station until Wednesday when he is expected to take plea afresh in the graft case.

Devani was arraigned in court today following a warrant of arrest issued in 2009.

His advocate pleaded with the Court to release him on bond pending plea taking. However, the prosecution objected saying the suspect has been on the run for the last 16 years and he was only brought to Court under warrant of arrest after the Government of Kenya through the office of the Attorney General successfully convinced the United Kingdom Court to order his extradition to Kenya.

Milimani Anti-Corruption Court Chief Magistrate Thomas Nzyoki declined to grant him bond pending plea taking.

Devani is expected to be charged afresh in relation to the Triton case.

The prosecution told the court that they intend to file new charges against Devani so that they don’t interfere with the case of the other accused persons which is at its tail end.

The case involved charges of conspiring to defraud a number of petroleum companies by purporting that Triton had diesel ready for sale at KPC storage in Kipevu.

Court suspends the arrest of Hon Gakuya  and  Hon Benjamin Gathuru Mejja.

High Court Judge Chacha Mwita has suspended the arrest and prosecution of Hon James Mwangi Gakuya and Hon Benjamin Gathuru Mejja.

“He ordered that in the meantime, a conservatory order is hereby issued restraining the respondent, their agents and or servants from arresting, detaining, confining, pursuing and or in any other way interfering with the petitioners’ liberty in connection with the allegations giving rise to this petition until 17th September 2024,”Said Judge Chacha.

Embakasi North MP Gakuya and his Embakasi Central counterpart Benjamin Mejja Donk who are being represented by Lawyer Danstan Omari are now free to continue with their operations.

Gakuya and Mejja Donk had moved to court to stop their arrest in relation to the matter.

The judge directed the petitioners to file and serve a supplementary affidavit if need be within seven days , together with written submissions to the application and petition, not exceeding 10 pages.

Speaking to the media outside the court, said that the two had been arrested on allegations that they had been sponsoring Anti-Government Protests within the country.

The DCI was questioning them on allegations that they have been colluding with the Deputy President Rigathi Gachagua.

“Court are coming up strongly as our only hope, as the Government cannot be intimidating leaders, “added Omari.

Lawyer Shadrack Wangui said these young men have been leaderless and it’s known very well why they have been protesting, they have been calling for accountability.

Omari added that it started as a revolution where young people raised a fundamental accountable questions which brought about questions of the transparency and capability of the then cabinet led by President William Ruto capacity to lead the country, out of that the demonstrations were organic and Government spokesperson said they were sponsored by the Russians which is on record.

Omari added that supporters of Gachagua were targeted and held incommunicado and questioned about their relationship with the Deputy President.

“They were told to surrender their telephone handset but we advised them not to surrender because there were no court orders, but the officers moved to court and received the orders to take the phones, “added Omari.

Omari says that when is being witnessed Kenya never changes as AZIMIO Members were being harassed but now they are the offenders.

He added that phones are being analyzed by DCI officers but now Judge Mwita has stopped the officials from arresting them.

Further directions will be issued on September 17.

Court of appeal suspendeds the burial of an old man.8

The court of appeal has temporarily stopped the burial of a 90year old man after the second wife appealed the decision to have him buried by the first wife.

Judges Katembu Kairu, Ngenye Macharia and Lydia Achode suspended the burial of the late octogenarian Silas Igweta after his second widow Sarah Kathambi was  by High Court decision to have him buried by his first widow.

“The interment of the deceased’s remains is hereby stayed pending the hearing and determination of the main appeal,” the judges ruled.

The three-judge bench further ruled that the grounds raised in Kathambi’s memorandum of appeal were not idle and deserved to be heard.

Through lawyer Danstan Omari, Kathambi argued that if the orders sought were not granted, it would be rendered nugatory and would require an exhumation order, which would embarrass the family of the deceased.

“The applicant would be perceived as the people who caused the exhumation of an old man loved and revered by the Ameru people,” Omari stated.

Kathambi and her children depose that they won the case in the trial court on account of the deceased’s close familial bond with them.

They added that the deceased abandoned the home of the first wife; where he is now set to be buried ; over 40 years ago.

The first wife, Grace Rigiri, opposed the appeal on grounds that she was married to the deceased and have never divorced.

Rigiri further told the court that the body of the deceased had already been moved from Umash Funeral home in Nairobi in preparation for the final burial rites.

However, the court dismissed that argument stating that “his remains are yet to be interred, and therefore, this application has not been overtaken by events.”

Court awards 147 Garissa University University terror attack victims a sum of ksh 441 million.

The High has ordered the government to compensate the families of the 147 Garissa University University terror attack victims a sum of ksh 441 million.

The three-judge bench ruled that the state failed in its responsibility to protect the victims from the eminent attack even after its security agencies received a security advisory.

The petitioners had intimated to the court that there was sufficient intelligence information that terrorists had earmarked the institutions, but the security agencies rubbished the information as 1st April Fools’ Day hoax.

The court was also told that on the fateful day, the government deployed the elite recce squad to counter the attack two hours after the terrorists stuck.

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City  Lawyer Danstan Omari wants EACC to stop Harrasing Hon.Wycliffe  Oparanya.

Hon. Wycliffe Ambetsa Oparanya through the Law Firm of Danstan Omari and Associates Advocates has written to EACC CEO Twalib Mbarak demanding retraction of his letter to the clerk of the National Assembly expressingreservation over Oparanya’s nomination.

Omari wants Twalib to be restrained from harrassing his client saying there is an order in force stopping any arrest of prosecution of

“EACC selectively failed to disclose the operation of the legal/ constitutional implications of the fact that on 25 July 2024, the Ofice of Director of Public Prosecutions delivered to the EACC a letter dated 8 July 2024 withdrawing their decision of 18 December 2023 that had granted EACC consent to charge,”he added.BCitu

In the letter addressed to the clerk National Assembly, EACC claimed to have conducted investigations on alleged acts of corruption against Oparanya and consequently submitted a report to the Director of Public Prosecutions recommending his prosecution.

However, on July 8, 2024, the DPP wrote another letter demonstrating that observing existing legal rules, there was no corruption charges alive or procedurally sound in any court of competent jurisdiction against Hon. Oparanya.

Hence according to Oparanya, the EACC appears to be overstepping their jurisdiction as stipulated in the EACC Act 2011.

“Perhaps of importance to note, is that the DPP does not require the consent of any person or authority of the commencement of criminal proceedings and in exercise of his or her powers or functions, shall not be under the direction or control of any person or authority… the reservations communicated by yourselves in your letter dated 31 of July 2024 to the ODPP can only be registered as pure reservations without any mechanism contemplated by law giving you the authority to control the exercising of the DPP’s prosecutorial powers” reads the letter to EACC CEO.

According to Oparanya, EACC CEO’s letter to the Clerk of the National Assembly cannot be interpreted as a finding of his guilt of any allegations levelled against him.

“we hereby demand that you retract or cause to be retracted your communication to the Clerk of the National Assembly dated 29 July 2024 immediately with the same publicity and notoriety.” the letter continued.

His Lawyers further demand that EACC “cease and desist from harassing their client with unsubstantiated threats of charging him for corruption in what they call a bid to stop him from offering his services to the people of Kenya without fear or favour.”

Former isiolo member of Parliament Abdi koropu tepo has been charged with being in possession of over 34,000 USD forged bank notes.

Appearing before Milimani law Courts senior principal magistrate Bernard ochoi, koropu denied all the five counts.

According to the charge sheet, the offense was committed on July 25,2024, koropu was found in possession of 34,200 forged USD currency notes for one hundred denominations, knowing them to forged.

However, the prosecution didn’t not oppose koropu to be released on bond. He was, therefore, released on ksh 100,000 cash bail. The case will be mentioned on 12th of August for pre trial.