A civil Society Group Operation Linda Jamii now wants the appointments of Mr Charles Nyachae and Mrs Joy Mdivo nullified.

The High Court in Garissa has set free a sexual assault convict after filing a special finding of guilty but insane.

While releasing the convict, Garissa High Court judge Justice John Nyabuto noted that issue regarding persons found guilty but insane has been a subject of consideration by our courts yet with no common determination,

“However, the majority of the decisions tend to lean towards discharge upon certification of the accused by a medical expert that he is recovered and therefore not a danger to himself nor society,” the judge indicated.

The judge referred to the decision by Waweru Kiarie in Hassan Hussein Yussuf V Republic (supra) declared Section 166 of the CPC unconstitutional and held that the president had no role in the Judicial process. “To the Judge a discharge was appropriate,” he noted.

In reference, the judge quoted a decision by the Nairobi court in exercise of its jurisdiction to hear any question in respect to the interpretation of the constitution under Article 165(3)(d).

In Kimaru & 17 others v Attorney General & another; Kenya National Human Rights and Equality Commission (Interested Party) (Petition 226 of 2020) [2022] KEHC 114 (KLR) (Constitutional and Human Rights) (1 February 2022), Justice Mrima J declared sections 162(4)&(5), 166(2),(3),(4),(5),(6)&(7) and 167(1)(a)(b),(2)(3)&(4) of the Criminal Procedure Code unconstitutional for contravening various Articles of the constitution.

The court noted that the special finding of “guilty but insane” resulted in the convicted person being held at the pleasure of the President. “Such holding interfered with the independence of the Judiciary and the doctrine of separation of powers.”

In the current matter, the convict was charged with sexual assault to a minor in a magistrate court.

He was subjected to a mental assessment and found unfit to stand trial on account of mental infirmity, he was referred to Mathari Mental Hospital for treatment.

Upon being certified fit to stand trial, he pleaded not guilty. After the full trial, the accused was found guilty and consequently, the court entered a special finding of guilty but insane.

The trial magistrate delivered a sentence where he committed the applicant at Mathari Mental Hospital for treatment and rehabilitation for a period not exceeding six years. The decision prompted the filing of the appeal.

In his decision, Justice Nyabuto stated that “Mathari hospital is not a place for detention of convicts but a treatment facility which upon recovery refers the convict back to court for necessary action.”

He added that Mathari hospital has done its work and certified him fit to join society hence they cannot return him back. “It is the obligation of the society to accommodate people suffering from mental infirmity after recovery.”

In determination he directed that the accused herein shall be discharged unconditionally under Section 35(1) of the penal code.

A Makindu court has ordered Chania Genesis company to compensate a passenger Ksh 223,000, who was injured after the bus she was travelling in involved in an accident that left her sustaining injuries.

while delivering the judgement, Makindu senior principal magistrate Yusuf Shikanda ordered Chania Genesis company to compensate Alice Wakio Mwangeka for the injuries she sustained on the time of the accident that occurred at Keneni along Mombasa Road at Mtito Andei on November 23, 2015.

He stated that, “I hold that the plaintiff has proven his case on a balance of probabilities as against the defendants. Consequently, I enter judgment against the defendants jointly.”

He proceeded to order the victim to be compensated general damages for pain, suffering and loss of amenities to Ksh 220,000 and special damages of Ksh 3,000.

The plaintiff was also awarded interest on the damages as well as costs of the suit.

In determining the suit, the magistrate considered the evidence produced solely by the plaintiff which was not disputed at all since the respondents never appeared in court to defend themselves.

On the material day, the plaintiff alleged that she was travelling from Mombasa to Nairobi on a bus from Chania Genesis company registration number KBV 250A , driven by Samuel Mugundu Karue.

She claimed that the vehicle was negligently, recklessly carelessly driven before it rammed into an oncoming vehicle while trying to overtake.

She sustained serious injuries, loss and pain, for which she holds the defendants liable. She sued the driver of the bus, owner Joel Mwaura Nduruhu and the company operating the bus at the time.

The plaintiff pleaded with the court pointing out particulars of negligence against the driver of the said bus.

The defendants entered appearance on October 16, 2019 and filed a joint statement of defence on the same day, in which they denied the plaintiff’s claim in total.u

The defendants denied that Karue was the driver of the ill fated bus and also disputed the owner and the company.

They also denied that the plaintiff was a lawful fare-paying passenger in the accident motor vehicle, and denied that the accident occurred on November 23, 2015 involving the suit motor vehicle.

The defendants contended that the plaintiff did not disclose a reasonable cause of action against them and prayed that the plaintiff’s suit be dismissed with costs.

The defendants did not attend court nor call any witness to testify in support of their defence despite being given more than sufficient time to file their submissions they failed to do so.

In determination, the magistrate indicated that, ” I have carefully considered the evidence on record and given due regard to submissions made by the plaintiff as well as the applicable law.

He also noted that in any event, the plaintiff’s evidence was not controverted by the defence hence entering the judgement in favor of the plaintiff against defendants.

Three businessmen have been charged with forging land title deeds and stamps with intent to defraud unsuspecting citizens.

The three, Livingston Ambayi Munala, Leonard Clifford Wafula and Paul Muigai Kimani appeared before the Milimani senior principal magistrate Benmark Ekhubi facing 18 counts of making false documents, forgery and being in possession of public stores.

Ambayi separately faced with 16 counts of making false documents and being in possession of instrument capable of making stamps impression and fake land documents.

The court heard that, on or before March 28, 2025, at an unknown place within the republic of Kenya jointly with others not before the court, with intent to defraud and without lawful authority, or excuse made a title deed serial No. 3894792 purporting it to be valid and genuine document printed by the Government printer of Kenya.

He was also charged with making forged title deeds serial numbers 0009913, 29131 and 0009912 with intent to defraud and deceive purporting the same to be genuine documents printed by the government of Kenya.

On the same period and time in a house along Desai Road in Starehe Sub-county within Nairobi county, had in his possession of public stores namely Fees receipt 6473492 of the state Department for Lands, 9 Green Cards of serial numbers GPK (SP) 7213-200 -05-2023 such properties being reasonably suspected of having been stolen or unlawfully obtained.

Wafula on his part was charged with being on possession of public stores. On March 28, 2025, in his house at Umoja area within Nairobi city county with the republic of Kenya, had in his possession 113 International Certificates of Vaccination Ou de Prophylaxis of the Ministry of Health, such properties being suspected to have been stolen or unlawfully obtained.

Kimani also faced with a charge of being in possession of public stores namely two file covers from the Directorate of Criminal Investigations DCI which were suspected to be acquired unlawfully.

They denied the charges leveled against them by the prosecution.

The defense lawyers prayed the release of the accused persons on reasonable terms citing that they have been in custody since March 28, 2025,

“Your honour the accused persons have been in custody for two weeks and I urge you to consider releasing them on lenient cash bail,” the lawyer submitted.

State prosecutor Sonia Njoki did not oppose their release on bond but urged the magistrate to consider the nature of the offence and release them on reasonable terms.

In giving directions, the magistrate released Livingston Ambayi Munala was released on bond of Ksh 2 million with alternative cash bail of Ksh 1 million with a surety and a contact person .

Wafula and Kimani were granted a bond of Ksh 600,000 with a surety of the same or alternative cash bail of Ksh 300,000 with one contact person each.

More trouble for DPP Renson Igonga as four petitioners including foreigners call for his removal

The problems at the door step of the head of the ODPP Mr.Renson Igonga seems not to be going far away if the current developments are something to to go by.

This is after four petitioners filed a complain at the public Service Commission calling for his removal over misconduct.

The petitioners also wants his juniors especially those from the coastal region fired.

The four petitioners; Josephine Chirondo Ndune, Ekra Wambui Ndung’u, Davies Lawrence Benett and Farah Akbar through Ngugi Mwaniki and Co.Advocate have told the public Service Commision that they tried to address Mr.Igonga on the contacts of his officers through various letters but he ignored.

” The concerns of the petitioners two of whom are American and Pakistan Nationals respectively were addressed to the office of the ODPP on March 19, 2025 and March, 20, 2025 respectively with no responds. Another reminder letter was addressed to the ODPP on April 7 and was also ignored,” read the letter addressed to the PSC in parts.

The complains are in relations to a criminal case number E144 of 2022 where the petitioners are accusing the ODpp and his junior of promoting injustices in the manner in which they handled their matter.

The petitioner have so far been charged with some criminal offences at the Shanzu law courts and are out on a cash bail.

Mr.Bennet and Akbar American and Pakistan National Respectively.

They were alledgly arrested and remanded on the night of February 12, at Bamburi police station where the arresting officer only identified as Mr.Kinyua blocked them from accessing their legal representation.

” All the petitioners are entitled to article 50 of the constitution which guarantees a fair trial, the petitioners right under the constitution include the right to legal representation and the constitution also allows them to be informed of the evidence the prosecution intended to use in the entire trial,” they told the PSC.

They have also informed the PSC that the officers in charge of their case failed to inform their subsequent embassies concerning their arrests.

” The American and Pakistan National are all the employees and Agents of ELMWOOD leadership Alliance(EFLA) which offers continued proffesional development CPD recognition awards, the fourth petitioner who is a pakistan National is diabetic and his rights too were violated,” they alluded.

They now wants the Dpp and the officers mentioned in the above multi-practice removed from officer over misconduct.

For instance, state counsel Evelene Keya who is incharge of Shanzu courts is accuse her of approving the charge sheet before doing thourough investigations and research among other illegalities.

Mrs.Satiya, Mazrui are also mentioned and Mr.Kiprop who is the head of the entire Coastal region has also been listed in the petition and their illegalities exposed.

” The state officers are supposed to uphold integrity and not in any way to demean the office they hold. It is the humble petition that the ODPP has violated the clear provisions in the constitution and ought to be removed from office on account of gross misconduct,” read the letter in parts

Two directors and a surgeon of Omnicare Medical, also known as Body by Design have been released on Sh 500,000 cash bail.

Kibera principal magistrate Samson Temu also granted the accused persons namely George Wakaria Njoroge, Lilian Edna Wanjiru and Robert Maweu Mutula, a surgeon an alternative bond of Sh 1 million each.

In his brief ruling the magistrate said that the prosecution’s application to deny the accused persons bond has no merit. He said that there is no evidence that the accused persons can interfere with witnesses.

He said that accused persons have been throughout complying since the incident occurred without interfering with witnesses.

“For that reason I grant the accused person a bond of Sh 1 million or a cash bail of Sh 500,000 each pending the mention of the case on April 28,” said the magistrate.

At the same time the magistrate rejected the complainant’s request to defer ruling so as to amend his statement to the probation officer.

The three have since pleaded not guilty to the manslaughter charge filed by the Office of the Director of Public Prosecutions (ODPP).

The charges allege that on October 16, 2024, at Omnicare Medical Limited, located on Kabarsiran Avenue in Nairobi, the three unlawfully caused the death of Wambui.

Following the charge, the accused’s application for bond was opposed by the state.

Prosecutor Victor Owiti had earlier informed the court that the three accused have significant influence and could intimidate witnesses, some of whom are employees of the second and third accused.

He argued that the accused had previously evaded summons to appear in court and suggested that they had intentionally avoided being served.

“The accused persons’ conduct requires strict bond terms to ensure they do not interfere with the investigation and witnesses,” said Owiti, urging the court to deny them bail.

Defense lawyers Danstan Omari, Sam Nyaberi, and Shadrack Wambui, representing the accused, requested that their clients be granted reasonable bond terms, emphasizing their cooperation with investigators since Wambui’s death in October 2024.

They also argued that the accused had complied with all legal processes during the investigation.

In her ruling, Magistrate Temu ordered the three accused to remain in custody pending a ruling on their bail application which wa set to be delivered today at 2 pm.

The trio were accused of causing the death of Wambui, who underwent a 360-degree liposuction procedure at Omnicare Medical Center.

Wambui passed away on October 26, 2024, after complications from the surgery.

She was discharged from the clinic on October 18 but later felt unwell and sought further treatment at Nairobi Hospital.

After undergoing emergency surgery on October 23, surgeons discovered multiple perforations in her intestines.

A postmortem revealed that Wambui died from extensive internal complications caused by the liposuction.

The procedure, which involves the removal of excess fat, was performed on Wambui, who was the wife of prominent Nairobi businessman Francis Ng’ang’a, CEO of Valley Road Motors and Village Market Auto Bazaar.

Following investigations, the ODPP decided to press criminal charges against the three, citing evidence of negligence in Wambui’s treatment.

The prosecution of the three clinic owners and the surgeon came shortly after High Court Judge Diana Kavedza rejected their petition to halt the proceedings.

Earlier the defence lawyer had put up a spirited fight to block the prosecution of their clients claiming that Wambui voluntarily sought the liposuction procedure after being informed of its risks and complications.

“Before the procedure, the deceased was duly informed of the nature, risks, and possible complications, and she provided informed consent, which was signed on the same day,” stated Njoroge, one of the directors of the clinic.

The clinic’s defense claims that the procedure was successful, and Wambui did not experience any complications after her discharge.

“At no point did the patient express any post-surgery issues or seek further treatment at our facility,” the defense stated in their court papers.

They further contend that the prosecution is arbitrary and an abuse of power, claiming that the decision to charge them for manslaughter is unjustified.

“The DPP has failed to properly assess the case in line with prosecutorial guidelines, and the decision to prosecute is irrational,” said their lawyer.

Defense attorney Danstan Omari cautioned that prosecuting medical professionals for lawful medical practices could set a dangerous precedent.

“This prosecution could criminalize legitimate medical procedures and undermine the healthcare sector, discouraging medical interventions,” Omari warned.

Two police officers accused of illegal detention have been charged at Milimani Law Courts.

The two former Eastleigh North police station Commander (OCS) Rebecca Muraya and her junior Abdisalam Ahmed are being accused  of torture and unlawful detention after allegedly  of a United Kingdom national

The two are  charged with torture contrary to section 4 (a) as read with section (5) (1) of the prevention of torture Act.

Charges against the two are that being police officers within the National Police Service, on December 31, 2021 at the Eastleigh North police station, intentionally and unlawfully jointly ordered the arrest of Ayni Hussein Mahammud and detained her at the Muthaiga police station for two days.

They are accused of doing this with intent to intimidate her from pursuing a complaint of assault against Abdihakim Saidi Jama. Ayni had lodged a complaint of assault against Jama.

Ms Muraya and Abdisalam are also jointly charged with abuse of office contrary to section 10 (1) as read with section 102 of the Penal Code.

“On December 31, 2021 at Eastleigh North police station within Starehe Sub County in Nairobi you unlawfully and without any sufficient cause and reason arrested Ayni Hussein Mahammud and detained her at Muthaiga police station,” the charge reads in part.

The suspects denied the charges before Milimani chief magistrate Lucas Onyina. Onyina said the two police officers will remain free on a bond of Sh500, 000 which they had deposited last year when they first appeared before court. Their case will be mentioned on April 25.

The charges against them arise from an incident in which they allegedly declined to arrest Jama for assaulting Ayni.

Jama was later charged after the Directorate of Criminal Investigations (DCI) took over the case. He was prosecuted at the Makadara law courts, convicted and fined Sh100,000 for assaulting Ayni.

Ayni had written a letter  to  Onyina on April 15 protesting the delayed prosecution of Ms Muraya and Abdisalam.

“It is my respectful plea that you ensure this matter proceeds without further hindrance, so I may have my day in court and present evidence to support the prosecution in proving the charges preferred against the accused persons,” the letter reads in part.

The case in which four officials of Kenya Union of Saving and Credit Cooperative (KUSCCO) are charged with stealing Ksh 82.8 million will proceed on June 23, 2025.

When the matter came up for mention in the absence of the accused persons on Monday, Milimani senior principal magistrate Dolphina Alego directed the matter will proceed for three consecutive days,

“The purpose for today’s mention was to confirm the suffice of documents. The hearing of the matter will also proceed as scheduled from June 23 to 25, 2025, for completion,” the magistrate directed.

The magistrate also directed the accused persons must avail themselves physically in the open court during the hearing of the case.

Defence team who were represented by Apollo Mboya confirmed before the court that the documents were sufficed to all counsels representing the accused persons and they are preparing for the hearing,

“Your honour I confirm the prosecution supplied all the required documents and statements to all counsels representing the accused persons,” Mboya confirmed before the court.

(KUSCCO) former national managing director David Magutu Mwangi, George Otieno Ototo, George Ochola Owino (former finance manager), Mercy Muthoni Njeru and Jackline Atieno Omolo (former legal officer) were charged with the offence of stealing the said money property of KUSCCO.

They were released on varying bond terms ranging between Ksh 10 million and Ksh 7 million.

They are facing nine counts of fraud, stealing, money laundering, making of false documents and uttering false documents.

Mwangi, Ototo, Owino and Muthoni have denied that being directors of KUSCCO stole Ksh 82 ,826 000 between October 9 2020 and April 30 2022.

The five are also charged with money laundering. They are accused of entering into a sale agreement for the purchase of land at a cost of Sh82.8m knowing the said were proceeds of crime irregularly acquired from KUSCCO.

The said Ksh 82.8m was held in the account of advocate Jackline Omolo & Company Advocates at KCB and M Oriental Banks respectively.

The accused are said to have known that the money were proceeds of crime.

The five were also charged that on diverse dates between October 2022 and April 2022, jointly with others who were not before the court conspired to steal by diverting money totalling 82,826,000 property of KUSCCO meant for purchase of land LR23269/35 at Nairobi within the republic of Kenya.

The five denied that they laundered money laundering contrary to Section (3)(b) (i)as read with Section 16 of the Proceeds of Crime and Anti-Money Laundering Act.

The charge states that on diverse dates between October 9, 2020 and April 30, 2022, with others not before the court at Nairobi within the republic of Kenya with intent to dispose of, knowing or while reasonably ought to have known that the said money formed part of the proceed of crime received from KUSCCO entered in to agreement for sale of the land in order to conceal the nature and source of the money in the accounts held at Kenya Commercial Bank KCB and M Oriental Bank under the account name of Jackline P.A Omolo & Advocates whilst having reasons to believe that the said monies were proceeds of crime.

In another charge, they were accused of stealing by directors and officers of the company and making of false documents which is against with the law.

They were accused of making and uttering an agreement for sale of the land LR 23269/35 to make it appear authentic a fact which was false.

Separately, at an unknown time but the same period, the lawyer Ms Omolo uttered to KCB Bank University Way Branch a forged agreement for sale of the land LR 23269/35 of Catherine Wanjiku Mbugua purporting it to be genuine.

They denied all the nine charges levelled against them by the prosecution.

The hearing will commence on June 23 for three consecutive days.