Court News

A Nairobi law firm representing former Deputy President Rigathi Gachagua has issued a 24-hour ultimatum to Royal Importers & Exporters Limited, demanding an apology and retraction over allegations linking him to the illegal acquisition of an apartment.

Mabeya & Company Advocates warned that it would file a defamation lawsuit if the company fails to comply with the demands outlined in a letter dated October 2, 2025.

Law firm denies apartment ownership allegations

The dispute follows a letter allegedly sent by Royal Importers & Exporters Limited to Gachagua on September 30, 2025.

The company reportedly accused the former Deputy President of unlawfully taking possession of an apartment identified as Unit 02, 1st Floor Block D, located on property LR No. 330/317.

The company also alleged that Gachagua had failed to pay the agreed purchase price of KSh 25 million.

However, lawyer Mabeya N. Moses, a Senior Partner at Mabeya & Company Advocates, rejected the claims on behalf of his client.

The lawyer stated that Gachagua had never entered into any transaction with the company and was unaware of the apartment dispute.

Gachagua accuses company of spreading false claims

In the demand letter, the law firm described the allegations as false, malicious, and intended to damage Gachagua’s reputation.

The lawyer argued that the statements had been published widely through social media platforms and mainstream media, causing reputational harm to the former Deputy President.

The firm said the allegations affected Gachagua’s personal, family, political, and social standing.

Legal team threatens defamation lawsuit

Mabeya & Company Advocates accused Royal Importers & Exporters of using bloggers and other platforms to spread what it termed defamatory claims.

The firm cited Kenya’s Defamation Act and Article 33(3) of the Constitution, which requires freedom of expression to respect the rights and reputation of others.

The lawyers said the company’s statements amounted to defamation and demanded immediate corrective action.

Three demands issued to Royal Importers

Gachagua’s legal team issued three key demands:

• An immediate admission of liability to allow discussions on compensation.
• An unconditional withdrawal and retraction of the allegations.
• A public apology published in two newspapers with nationwide circulation.

The law firm also demanded that the apology and retraction be issued without delay.

Court action expected if demands ignored

The letter gives Royal Importers & Exporters Limited 24 hours to comply.

Mabeya & Company Advocates warned that failure to respond would lead to the filing of a defamation case seeking general, aggravated, and exemplary damages, alongside legal costs.

Royal Importers & Exporters Limited has not issued a public response to the allegations or the legal threat.

Court Orders KCAA to Reinstate,Compensate Employee in Unfair Contract Case

In a significant ruling that underscores the obligations of public employers in Kenya, the Employment and Labour Relations Court in Nairobi has found the Kenya Civil Aviation Authority (KCAA) liable for unfairly failing to renew the contract of one of its inspectors. Justice Mathews Nduma, in a judgment delivered on 25th September 2025, held that the state corporation acted unreasonably, maliciously, and in violation of the constitutional rights of its employee, Vivian Nyakerario Ongwae.

The dispute centred on the non-renewal of Ms. Ongwae’s fixed-term contract as a Flight Operations Inspector, which expired on 31st December 2023. The court heard that the petitioner had diligently served the KCAA under three successive contracts since 2016. In September 2023, well within the stipulated timeframe, she formally applied for a renewal of her employment. However, the KCAA’s Director General, Mr. Emile Arao, only communicated the decision not to renew her contract via a letter dated 12th January 2024—twelve days after the contract had already lapsed.

Justice Nduma heavily criticised this delay, stating that while the employment contract gave the Director General sole discretion on renewal, it implicitly required him to communicate his decision within a reasonable time. The judge found that the authority’s failure to do so was a breach of the contract’s terms and an unfair labour practice. The court emphasized that the purpose of such notice clauses is to allow an employee, particularly one with significant financial commitments like a mortgage, adequate time to prepare for the end of their employment and seek alternative income.

Furthermore, the judgment highlighted that the KCAA’s own Human Capital Advisory Committee had recommended the renewal of Ms. Ongwae’s contract, a fact the respondent did not dispute. The court ruled that by overriding this positive recommendation without providing any reasons, the Director General violated Ms. Ongwae’s right to legitimate expectation and her right to fair administrative action as guaranteed under Articles 41 and 47 of the Constitution.

Consequently, the court issued several orders in favour of the petitioner. It quashed the KCAA’s decision contained in the January 2024 letter. It also issued a mandatory injunction compelling the authority to renew Ms. Ongwae’s contract for a term of three years, effective from the date of the judgment, on terms consistent with her previous engagements. Additionally, the KCAA was ordered to pay general damages equivalent to six months of her salary, which amounted to Kshs. 2,221,104, for the violation of her constitutional and contractual rights. This sum will attract interest until fully paid, and the KCAA must also bear the costs of the legal petition.

This ruling serves as a potent reminder to all public bodies that their administrative powers, even in contractual matters, must be exercised reasonably, procedurally fairly, and in a manner that respects the legitimate expectations of employees. The court affirmed that the constitutional principles governing public service are not merely decorative but impose substantive duties on decision-makers.

Former MUA Insurance (Kenya) Limited Chief Executive Officer Lydia W.W. Kibaara has threatened to sue Nation Media Group over alleged defamatory statements published in a newspaper report linking her former tenure at the insurer to fraud claims.

Through Danstan Omari & Associates Advocates, Kibaara has issued a legal demand seeking corrective action, including a retraction and apology, before filing a defamation lawsuit.

Dispute arises from Business Daily report

The legal dispute follows a Business Daily article published on September 23, 2025, titled “Mauritian firm MUA takes Shs. 1.6bn hit in Kenya fraud.”

Kibaara’s lawyers claim the publication contained false and damaging statements that portrayed her as having been involved in fraud and suggested that she was dismissed from her role as MUA Kenya CEO.

The former CEO argues that the article negatively affected her professional reputation and wrongly connected her name to allegations of misconduct.

Former CEO denies fraud allegations

According to the demand letter, Kibaara denies any involvement in fraud or wrongdoing during her time at MUA Kenya.

Her legal team describes her as an experienced insurance executive with more than 27 years in the industry, having previously held senior positions at Britam and Jubilee Insurance Limited.

She later served as CEO of Saham Assurance Kenya Limited before MUA Group acquired the company and appointed her to lead MUA Kenya.

The lawyers maintain that her professional record remains clean, with no disciplinary, criminal, or regulatory findings against her.

Kibaara says she was not dismissed

A key issue in the dispute is the description of her departure from MUA.

Kibaara’s lawyers argue that she was not dismissed as reported but left through a Mutual Termination and Separation Agreement negotiated between both parties in 2024.

The agreement included a mutual non-disparagement clause, which required both sides to avoid statements that could harm the reputation of the other party.

Her legal team claims the publication breached this understanding by presenting her exit in a negative manner.

PwC audit cited in legal response

The former CEO’s lawyers have also referred to a forensic audit conducted by PwC.

According to the demand letter, the audit did not find sufficient evidence of intentional concealment or dishonesty by any party.

Kibaara’s legal team argues that the audit findings contradict the allegations made in the publication and support her position that she was unfairly portrayed.

Legal demand issued to Nation Media

Kibaara’s lawyers have demanded that Nation Media take corrective steps over the publication.

The demands include:

• A formal retraction of the alleged defamatory statements.
• An unconditional public apology.
• Removal of any statements considered defamatory.
• Compensation discussions over the alleged damage caused.

The lawyers warned that failure to comply would result in court action seeking damages and other legal remedies.

Defamation dispute raises questions on media responsibility

The threatened lawsuit highlights the legal challenges surrounding reporting on corporate disputes, executive departures, and allegations of financial misconduct.

Defamation cases require claimants to prove that published statements were false, damaging, and unlawfully harmed their reputation.

The matter will now depend on whether the parties reach an agreement or proceed to court for determination.

Nation Media Group has not publicly issued a response to the legal demand by Kibaara’s advocates.

A Nairobi court has cleared the way for the nationwide police recruitment exercise scheduled for tomorrow, after approving the withdrawal of a petition that had sought to stop it.

The petition filed at the high court by civil society group Sheria Mtaani and activist Shadrach Wambui, initially challenged the recruitment on constitutional grounds, questioning the roles of the Inspector-General of Police (IGP) and the National Police Service Commission.

However, the petitioners informed the court that they had received overwhelming feedback from the public, with young people and parents urging them to drop the case.

During Tuesday’s hearing before Justice Lawrence Mugambi at Milimani High Court, the petitioners’ lawyer, Danstan Omari, said they had received over 20,000 calls and messages from youth who had already travelled to recruitment centres at personal expense.

He argued that blocking the exercise would inconvenience applicants and was not in the public interest, especially as thousands of young Kenyans were eager to join the National Police Service ahead of the 2027 General Election and ongoing international assignments such as in Haiti.

Lawyer Paul Nyamodi, representing IGP Douglas Kanja, and other parties in the case, did not object to the withdrawal. Justice Mugambi allowed the petitioners’ request, noting: “I find no reason to deny the application for withdrawal. The matter is hereby withdrawn with no orders as to costs.”

The Attorney General had earlier opposed the petition, warning that suspending recruitment could undermine the police command structure and interfere with the IGP’s mandate.

With the withdrawal now granted, the recruitment of approximately 10,000 officers will proceed as planned, offering a fresh opportunity for young Kenyans to join the National Police Service and contribute to both national and international security operations.

The Milimani Law Courts were filled with laughter on Tuesday as Ibrahim Kidero, facing charges of unlawfully entering Bunge Towers, delivered candid and sometimes humorous remarks about hunger, prison life, and the cost of bread and milk.

Kidero, currently held at Industrial Area Prison, told the court he was comfortable in custody but admitted to feeling hungry. “Not much … but saa hii niko njaa,” he said when asked about his meals.

When asked what he would like to eat, he replied: “Bread and milk,” estimating the cost at about Sh120. Magistrate Ben Mark Ekhubi, amused by his frankness, handed Sh500 to a police officer to cater for the snack.

The 20-year-old, who claims to be a matatu driver with ties to Umoja market, said he had completed seven years at Kamiti Maximum Prison and added that he was ready to return if necessary.

He also challenged the charges, insisting that it was State House, not Bunge Towers, that he had accessed. “Bunge Towers are around town, and State House is not yet close to Bunge Towers. But Bunge Towers and Harambee House are closely attached,” he explained.

Kidero is accused of unlawfully entering Bunge Towers on two occasions – July 30 at around 6:45 am on the reception area of the 24th floor, and August 7 at 9:30 pm in the parking area, both within Nairobi County. The court had earlier ordered him to undergo a mental assessment before pleading to charges under Section 31 of the Parliamentary Powers and Privileges Act, 2017.

In a previous session, Kidero had been asked to provide contact details of someone he lives with in Kayole, but the court confirmed on Tuesday that the number was unreachable.

The case has been set for mention on October 9.

Man Denies Ksh 2.3 Million Fraud Charge, Released on Cash Bail.

A Nairobi court has released a man on bail after he denied charges of obtaining money by false pretences.

Yasser Abdelwanab Mohammed appeared before Magistrate Onyina at the Milimani Law Courts and pleaded not guilty to a single count of fraud. The charge is laid under Section 315 of Kenya’s Penal Code.

The particulars of the offence state that on diverse dates between 1st March 2024 and 30th November 2024, within Nairobi County, Mr. Mohammed obtained a sum of Kenya Shillings 2,300,000 from Nasra Ibrahim Roble.

The prosecution alleges he used fraudulent tricks to induce the payment. The court document states that he falsely pretended to be in a position to import and install a water filtration machine at her farm, a fact he knew to be false.

Following his plea of not guilty, the court considered the matter of bail. Magistrate Onyina granted the accused release on a cash bail of Kenya Shillings 200,000.

Two men have been arraigned before Milimani Law Courts for allegedly defrauding two Kenyan women of Ksh.860,000 after promising them non-existent job opportunities in the United Kingdom.

George Ndung’u Ngugi and John Kahura Kinyanjui appeared before Magistrate Lucas Onyina facing multiple charges, including conspiracy to defraud and obtaining money through false pretences.

The case is being prosecuted by the Office of the Director of Public Prosecutions (ODPP).

Accused linked to alleged UK employment scam

According to the charge sheet, the alleged offences occurred between April 1 and July 10, 2025, within Nairobi’s Central Business District.

The prosecution alleges that the two men conspired to deceive victims by claiming they could secure employment opportunities in the United Kingdom.

Authorities claim the accused presented themselves as having the ability to arrange the jobs despite allegedly knowing that the opportunities did not exist.

Two women lose Ksh.860,000

The prosecution alleges that Alice Njeri Kamau lost Ksh.460,000, while Joyce Wairimu Mwicigi allegedly lost Ksh.400,000 in the suspected scam.

George Ndung’u Ngugi faces separate charges of obtaining money by false pretences.

Court documents state that he allegedly received Ksh.460,000 from Kamau on July 9, 2025.

He is also accused of obtaining Ksh.400,000 from Mwicigi on July 10, 2025.

Suspect faces money laundering charges

Besides fraud-related charges, Ndung’u also faces allegations involving proceeds of crime.

The prosecution claims the Ksh.460,000 allegedly obtained from Alice Njeri Kamau was transferred from her Cooperative Bank account to Ndung’u’s Equity Bank account.

The prosecution further alleges that the Ksh.400,000 allegedly received from Joyce Wairimu Mwicigi was transferred from her K-Unity Savings and Credit Co-operative Society account to the same Equity Bank account.

Investigators claim Ndung’u knew or should have known that the funds were proceeds of criminal activity.

He also faces alternative charges relating to possession of proceeds of crime.

Court to determine next steps

The charges against the two suspects will now proceed through the court process, with prosecutors expected to present evidence supporting their allegations.

The accused persons remain entitled to a fair hearing, and the prosecution will be required to prove the charges beyond reasonable doubt.

A former employee of Sheffield Steels Systems Limited has been charged with allegedly stealing more than Ksh.146 million from the company in a fraud case before the Milimani Law Courts.

Jane Achieng Eshiwani Okumu appeared before Magistrate Lucas Onyina following her arrest and was charged with conspiracy to commit a felony, stealing by servant, and making a document without authority.

The case is being prosecuted by the Office of the Director of Public Prosecutions (ODPP).

Former financial controller accused of theft

According to the charge sheet, the alleged offences occurred between May 15, 2018, and August 25, 2021, at Sheffield Steels Systems Limited premises off Mombasa Road, Nairobi.

The prosecution alleges that Okumu, who served as the company’s Financial Controller, was involved in a scheme that resulted in the loss of Ksh.146,519,431.75 belonging to the steel company.

The accused is alleged to have used her position within the company to access and misappropriate funds entrusted to her through her employment.

Prosecution alleges conspiracy to steal funds

The first charge against Okumu is conspiracy to commit a felony contrary to Section 393 of the Penal Code.

The prosecution claims that she acted together with other individuals who have not been presented before court to plan the alleged theft.

The charge states that the intended property was Ksh.146,519,431.75 belonging to Sheffield Steels Systems Limited.

Former employee faces stealing by servant charge

Okumu also faces a charge of stealing by servant under Section 281 of the Penal Code.

The prosecution alleges that she stole the funds while serving as the company’s Financial Controller, a position that involved handling financial responsibilities.

The charge states that the money came into her possession because of her employment relationship with the company.

Court hears forgery-related allegation

The former employee also faces a charge of making a document without authority.

The prosecution alleges that on March 5, 2021, she prepared a letter without lawful authority and presented it as a document made on behalf of Sheffield Steels Systems Managing Director Dr. Suresh Kanotra.

According to the charge sheet, the document was allegedly created with the intention of deceiving others.

Company director listed as prosecution witness

Dr. Suresh Kanotra, the Managing Director of Sheffield Steels Systems Limited, is listed as the complainant in the case.

He is also expected to be the first prosecution witness as the matter progresses.

The prosecution is expected to present additional witnesses and evidence during the hearing.

Case to proceed in court

The accused will now face the court process as prosecutors seek to prove the allegations.

Like all accused persons, Okumu remains innocent until proven guilty by a court of law.

The High Court in Nairobi will hear an urgent application seeking to suspend the upcoming police recruitment exercise after petitioners raised constitutional concerns over the process.

Justice Lawrence Mugambi directed that the application be heard after all parties appeared before the court. The recruitment exercise is scheduled to take place on Friday.

The case was filed as Constitutional Petition No. E503 of 2025 before the Constitutional and Human Rights Division of the High Court.

Petitioners seek suspension of recruitment

Lawyers Shadrack Wambui, Danstan Omari, and Cliff Ombeta, representing Sheria Mtaani, urged the court to stop the recruitment exercise until the constitutional issues raised in the petition are determined.

The lawyers argued that allowing the process to proceed before resolving the concerns could undermine the petitioners’ case.

“We will prove to the court that we have a prima facie case,” Wambui told the court.

The petitioners are seeking conservatory orders that would temporarily suspend the recruitment exercise pending the hearing and determination of the case.

National Police Service Commission opposes halt

Lawyer Paul Nyamodi, representing the National Police Service Commission, opposed the request for an interim suspension.

He argued that the application should be heard fully since the court had not issued any conservatory orders stopping the recruitment.

“The proper direction is to hear it now,” Nyamodi submitted.

Justice Mugambi directed the parties to exchange their submissions before the hearing scheduled for 10 a.m. tomorrow.

State opposes challenge to police payroll control

Separately, the Attorney General has opposed another aspect of the petition seeking to remove Inspector General of Police Douglas Kanja’s control over payroll matters.

In court documents, the State described the petition as speculative and lacking sufficient evidence.

The Attorney General argued that Article 245 of the Constitution grants the Inspector General independent command over the National Police Service, including administrative responsibilities such as payroll management.

AG defends Inspector General’s powers

The State argued that payroll responsibilities are connected to key police functions, including promotions, transfers, and disciplinary processes.

According to the Attorney General, removing payroll control from the Inspector General would interfere with the command structure of the police service.

The State maintained that the National Police Service Commission’s constitutional role under Article 246 focuses on recruitment, appointments, and disciplinary control.

Court to determine next steps

The High Court will now consider whether the petitioners have established sufficient grounds to suspend the recruitment process.

The decision will determine whether the police recruitment exercise proceeds as planned or whether further court directions will be issued.