Court News

A Nairobi court has approved the extradition of three Kenyans to the United States after allowing an application by the Office of the Director of Public Prosecutions (ODPP).

Extradition of three Kenyans approved by court

Principal Magistrate P.K. Mutai granted the request. As a result, Francis Asanyo, Peter Omari and Elvis Obaigwa could be surrendered to U.S. authorities to face criminal charges.

The court also endorsed arrest warrants from the U.S. District Court for the Eastern District of Virginia, Richmond Division. The court issued the warrants on November 15, 2023.

Three Kenyans face criminal charges in the US

According to the extradition request, U.S. authorities want the three men over several criminal allegations.

These include conspiracy to commit computer intrusions, conspiracy to commit wire fraud, aggravated identity theft and aiding and abetting.

Meanwhile, the proceedings followed a formal extradition request from the United States. Kenya received the request through its Central Authority, the Office of the Attorney General and Department of Justice, on February 26, 2026.

Jeffrey M. Olson, Associate Director in the Office of International Affairs at the U.S. Department of Justice’s Criminal Division, presented the request.

Court allows extradition of three Kenyans

After reviewing the request and supporting evidence, the DPP concluded that the applicants had met the legal threshold under Kenya’s extradition laws.

The DPP then asked the court to issue orders to facilitate the extradition of three Kenyans to the United States.

In its ruling, the court ordered the three respondents to remain at Industrial Area Prison. They will stay there pending completion of the extradition process to the United States.

The Office of the Director of Public Prosecutions announced (ODPP) has secured the conviction of two men found guilty of vandalising telecommunication infrastructure in Baringo County, with the Kabarnet Law Court imposing a Ksh5 million fine on each offender or in default, a 10-year prison sentence.

Elijah Ouma Odhiambo and Enock Kabiswa Chongwo were convicted on two counts of tampering with telecommunication equipment, contrary to Section 32(c) of the Kenya Information and Communications Act.

The prosecution told the court that the offences were committed on separate dates between September 26 and 27, 2025 and October 1 and 2, 2025, at Chemolingot Hill in Tiaty Sub-County, Baringo County.

According to the evidence presented, the two were found to have vandalized telecommunication installations by removing cables from a Safaricom PLC booster site valued at Ksh646,787.52. They were also found responsible for damaging and stealing cable components worth Ksh511,142.55 from infrastructure operated by ATC Operations Limited.

During the trial, prosecutor Nganga Mwangi called nine witnesses, whose testimony outlined how the accused allegedly planned and carried out the attacks on the communication facilities.

The court also relied on forensic evidence linking the pair to the crime scenes. Investigators established that the first accused’s mobile phone number was detected at the Safaricom booster site, while the second accused’s phone number was traced to the same location on two separate occasions around the time the infrastructure was vandalized.

After considering the prosecution’s evidence, the court found the two guilty and sentenced each of them to pay a Ksh5 million fine. Should they fail to pay the fine, they will each serve 10 years in prison.

A Nairobi advocate has appeared before the Milimani Chief Magistrate’s Court over an alleged fraudulent gold transaction worth more than KSh61.8 million.

The prosecution has urged the court to deny Alphonce Collins Odoyo Osewe bond, arguing that he is likely to abscond if released.

Lawyer faces fraud and money laundering charges

Prosecutors charged Osewe with obtaining money by false pretences and several offences under the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA).

According to the charge sheet, Osewe allegedly obtained KSh26.1 million from Adeyeye Enitan Ogunwusi between May 4 and May 5, 2023.

The prosecution claims he falsely promised to facilitate the sale of 400 kilograms of gold bars.

Investigators also accuse him of acquiring and handling the money despite allegedly knowing it was the proceeds of crime.

Prosecution links co-accused to KSh35.7 million transactions

The prosecution further alleges that Osewe and his co-accused, Patroba Odhiambo Tobias alias “Ishmael,” conducted transactions worth KSh35.7 million.

Investigators say the transactions took place between May 1 and May 9, 2023.

They claim the money was intended to finance the alleged gold deal.

State opposes release on bond

The prosecution asked the court to keep Osewe in custody throughout the case.

According to investigators, his previous conduct shows that he may fail to attend future court sessions.

DCI officer Corporal Dennis Mugambi told the court that police released Osewe on cash bail on August 14, 2025, pending legal advice from the Office of the Director of Public Prosecutions.

However, the officer said Osewe later failed to attend court for plea taking.

DCI outlines failed attempts to secure attendance

In his affidavit, Mugambi stated that he repeatedly contacted and summoned Osewe to appear in court.

Nevertheless, the advocate allegedly ignored every summons without providing a lawful explanation.

The court later issued warrants of arrest after his continued absence.

Detectives from the DCI Nairobi Regional Investigations Unit eventually arrested him on August 4, 2026.

Investigators question advocate’s whereabouts

The prosecution also told the court that detectives visited Osewe’s last known residence.

However, they found that he had already moved from the address.

As a result, investigators could not establish his current place of residence.

They argued that his unknown whereabouts increase the risk of him absconding if granted bond.

Immigration records sought

Additionally, the prosecution has requested Osewe’s travel records from the Directorate of Immigration Services.

Investigators want to establish whether he travelled outside Kenya during the period when he was expected to appear in court.

The court will now determine whether Osewe should remain in custody or receive bond as the criminal case proceeds.

The Milimani Commercial Court has ordered police officers to supervise an auction in a rent dispute involving businesswoman Honey Khatwani, Galaxy Middle East & Africa Limited trading as Smart Pro, and their landlords.

Senior Principal Magistrate Lucy Njora issued the orders on August 15, 2025, in a case filed under MCCCMISC/E2036/2025.

The case involves Zacharia Baraza of Siuma Auctioneers and Oki General Trading Ltd against Galaxy Middle East & Africa Ltd and its directors, including Honey Khatwani.

Court allows distress for rent process

The landlords moved to court seeking to recover rent arrears, claiming that unpaid obligations had affected their operations.

After hearing the application, Magistrate Njora directed the OCS Parklands Police Station and OCS Ruaraka Police Station to supervise the auctioneer during the distress for rent process.

“This court issues an order that the police officers in charge of Parklands and Ruaraka police stations do supervise execution of the distress,” the court stated.

The order allows the auctioneer to proceed with the recovery of outstanding rent through the legal distress process.

Court clarifies police role

Magistrate Njora clarified that the order does not amount to an eviction or demolition order.

The magistrate stated that the police officers would only supervise the execution of the distress for rent and ensure that the process follows the court’s directive.

The court also warned that any party who disobeys the order could face penal consequences.

Landlords and company take different positions

The landlords welcomed the ruling, saying it protects property owners dealing with unpaid rent.

They argued that tenants must honour rental agreements and meet their financial obligations.

However, supporters of Honey Khatwani criticised the action, arguing that commercial disputes should be resolved through negotiations instead of enforcement measures.

They described the auction process as unnecessary pressure against a business facing financial challenges.

Dispute involving Galaxy Middle East & Africa Ltd

The case involves Galaxy Middle East & Africa Limited, which operates as Smart Pro (Your Trust Our Mission), and its directors.

The landlords accused the company of failing to clear rent arrears, leading them to seek court intervention.

The court order now allows the auctioneer to proceed while police provide supervision during the process.

Commercial dispute attracts attention

The matter has attracted interest among Nairobi business circles, with traders watching how the dispute unfolds.

The case highlights the challenges between landlords and tenants when rental obligations remain unpaid.

For now, Honey Khatwani and Galaxy Middle East & Africa Ltd face the possibility of an auction as the legal process continues.

A Nairobi advocate has been arrested over allegations that he misappropriated Ksh49.4 million entrusted to him to facilitate the purchase of a parcel of land in Nairobi.

The suspect, Ally Ahmed Ally, was apprehended by detectives from the Directorate of Criminal Investigations (DCI) Nairobi Regional Office and is under investigation for the offence of stealing by agent contrary to Section 283(b) of the Penal Code.

According to investigators, the complainant transferred a total of Ksh49,400,500 to the advocate on various dates between November 16, 2023 and January 3, 2024, with the understanding that the money would be used to complete the land transaction.

Police allege that instead of using the funds for the intended purpose, the lawyer diverted the money and converted it to his own use.

The DCI said the suspect, who practises under the law firm Rasheed Rage and Nassir Advocates, was arrested in Kilimani Sub-County after investigations into the complaint.

He remains in police custody as detectives finalize investigations and prepare to arraign him in court. The case is still under investigation.

Mukurwe-ini Member of Parliament John Philip Gichohi Kaguchia has been released on a KSh250,000 cash bail after appearing before the Milimani Law Courts to answer a charge of offensive conduct conducive to a breach of the peace.

Kaguchia is accused of making remarks during a political rally at Naromoru Shopping Centre in Kieni East Sub-County, Nyeri County, on August 1, 2026.

MP charged over alleged political remarks

According to the charge sheet, the prosecution alleges that Kaguchia knowingly uttered words in Kikuyu that, when translated into English, amounted to a threat against people who would vote for “Kasongo” during the 2027 General Election.

The charge was brought under Section 94(1) of the Penal Code.

Prosecutors argue that the remarks were intended to provoke a breach of the peace.

Defence questions interpretation of “Kasongo”

Defence lawyer Ndegwa Njiru challenged the prosecution’s case, arguing that the court requires a certificate of interpretation to establish the meaning of the word “Kasongo.”

“The word ‘Kasongo’ is neither an English nor a Kiswahili word. A certificate of interpretation is required to establish its meaning,” Njiru submitted.

The defence also argued that the prosecution had failed to demonstrate that Kaguchia’s remarks amounted to a threat or were capable of causing a breach of the peace.

Lawyers challenge prosecution’s conduct

Kaguchia’s legal team further objected to the Office of the Director of Public Prosecutions (ODPP) being heard, claiming prosecutors acted contrary to an earlier High Court order.

According to the defence, the High Court had directed that the MP be released on a KSh100,000 cash bail following his arrest.

Court grants KSh250,000 cash bail

After considering the submissions, the court admitted Kaguchia to a KSh250,000 cash bail pending the determination of an application challenging the decision requiring him to take plea.

The application will be heard on Wednesday, when the defence is expected to contest the circumstances surrounding the plea-taking process.

Case to continue

The prosecution maintains that Kaguchia’s remarks were likely to incite a breach of the peace during the political rally in Nyeri County.

The MP has denied the allegations, and the case will proceed as the court considers the defence application.

A Nairobi court has acquitted Abdihakim Saidi Jama of charges relating to the alleged fraudulent acquisition of a Kenyan national identity card, citing significant gaps and inconsistencies in the prosecution’s case.

The ruling, delivered by Principal Magistrate Rose Ndombi on September 22, 2025, found that the prosecution failed to provide sufficient evidence to prove the charges against Jama beyond reasonable doubt.

The case had raised questions over the process used to obtain Jama’s identification documents and exposed weaknesses in the investigation, including missing witnesses and unresolved contradictions.

Prosecution case relied on disputed identity claims

Jama faced three charges linked to his 2011 application for a Kenyan identity card in Isiolo.

The prosecution relied mainly on testimony from Ayni Hussein Mahamud, who claimed she had known Jama since childhood in Mogadishu, Somalia, and Fatuma Mohamed, whose national identity card details were allegedly used as Jama’s mother’s information during the application process.

Mohamed told the court that she was not Jama’s mother and denied any connection to him.

However, the prosecution did not call key witnesses involved in the registration process, including officials and local elders who participated in vetting the original application.

Court finds investigative gaps

In her decision, Magistrate Ndombi ruled that the prosecution’s evidence contained major weaknesses.

The court agreed with the defence argument that Jama, who was described as illiterate, may not have been responsible for incorrect details appearing on the application forms.

The magistrate noted that the errors could have resulted from administrative mistakes during the registration process.

The court held that suspicion alone could not justify a conviction.

Citizenship question raised during trial

Jama also faced allegations of being unlawfully present in Kenya.

However, the court found that death certificates presented for his parents supported his claim to Kenyan citizenship by birth.

The prosecution failed to disprove this claim, leading the court to grant Jama the benefit of doubt.

Unresolved contradictions in identity documents

Despite the acquittal, the case revealed several unanswered questions regarding Jama’s identity records.

Investigators had previously alleged that a birth certificate submitted during a 2015 passport application belonged to another person, Ann Gatwiri Kithure.

However, Kithure was not called as a witness during the trial, leaving the alleged forgery evidence untested.

The defence later produced another birth certificate together with parental death certificates issued in 2016, creating conflicting narratives about Jama’s documentation history.

Investigation process questioned

The case also exposed concerns about how investigations were conducted.

Jama was initially arrested over a separate assault matter, after which police obtained a 14-day detention order to conduct further investigations.

However, the investigation later changed direction, with officers replaced, the matter transferred to another court, and some potential charges dropped.

The prosecution also failed to fully pursue additional evidence, including alleged social media activity showing Jama campaigning for political office in Somalia.

Court says evidence must support conviction

While delivering the judgment, Magistrate Ndombi emphasized that courts must rely on evidence presented before them.

The court stated that strong suspicion cannot replace proof required for a criminal conviction.

Jama was therefore acquitted after the prosecution failed to establish a sufficient case against him.

ODPP faces decision on possible appeal

Following the acquittal, the Office of the Director of Public Prosecutions (ODPP) must decide whether to challenge the decision through an appeal or accept the court’s ruling.

The case has highlighted broader concerns regarding the verification of national identification documents and the need for stronger safeguards in registration systems.

It has also renewed debate on the importance of protecting whistleblowers who expose suspected fraud and corruption within public institutions.