Court News

Four men were today charged in a Nairobi anti-corruption court for allegedly interfering with condemned powder milk seized for destruction.

The court heard that Joseph Ndungu Guchecha, Ramadhan Kariuki Gitau, Edwin Wanjala Barasa and Francis Kyalo Mwandandu jointly with others not before court without the authority of the Commissioner Customs and Border Control, interfered with 1,511 bags each containing 25 kg of condemned powdered milk which were subjected to customs control by virtue of having been seized for destruction.

The suspects were also charged with stealing 1,511 bags each containing 25 kg of condemned powdered milk, the property of the Kenya Revenue Authority. It is alleged that the accused persons committed the offense on the 3rd May, 2023 at Sambot Ship’s Contractors within Mombasa County.

Ramadhan was separately charged with the additional offence of being in possession of 1,511 bags each containing 25kgs of condemned powdered milk. The offence he allegedly committed on the 16th May, 2024 at Nuff Enterprises in Umoja Three in Nairobi.

They pleaded not guilty to the charges, and Joseph, Edwin and Francis were released on a bond of Ksh. 200, 000 and alternative cash bail of Ksh. 100, 000, while Ramadhan was released on a bond of Ksh. 500, 000 or cash bail of Ksh. 200, 000.

The High Court of Kenya has struck out a petition challenging the rollout of the of CBC Education Curriculum which replaced the 8-4-4 education system.

The judges have, however, ordered the Education CS to amend the education laws to align with the structure of Competent Based Curriculum in 120 days.

According to Judges Hedwig Ongundi, Antony Mrima and Antony Ndung’u the Court was satisfied that nullifying the CBC education system at this stage would not be to the best interest of the Kenyan Children and will cause havoc to the education sector of the Country.

While dismissing the petition filed by lawyer Nelson Havi, the bench ruled that he had not proved his case.

“It is evident that the Competency-Based Curriculum has already been rolled out the teachers have undergone training, and the government has already set out finances for the implementation. Stopping implementation will cause havoc in the education system,” the judges said.

The Judiciary is working with the police to set up an armoury at the Makadara Law Courts to ensure armed security officers not based at the courts surrender their firearms before entering.

This is among the preliminary safety measures to ensure the maximum security of the judiciary staff and service seekers before the court is reopened next Monday.
The court was temporarily closed last Thursday after Principal Magistrate Monica Kivuti was shot several times while in her seat inside her makeshift courtroom. She died two days later at the Nairobi Hospital intensive care unit, where she had been taken for specialised care.

accompanied by the Judiciary Police Unit (JPU) commander Samwel Ndung’u and Chief Inspector Japheth Ochoro, the officer commanding police at the Makadara Law Courts, to assess the security situation.
Mokaya said they agreed on some short-term and long-term measures to make the facility secure and usable again.

Activist Julius Kimani Kamau has been freed on Ksh 10,000 cash bail for disrupting CS Treasury Ndugu’s photo session during the 2024/2025 budget reading at the National Assembly.

Kamau who has changed his guilty plea to a plea of not guilty was charged alongside Erick Mankuyu Seyiele that on June 13, 2024 at treasury building along harambee avenue in Nairobi CBD created disturbance in a manner likely to cause a breach of peace by yelling and shouting.

Julius Kamau had earlier on pled guilty to the offence.

Activist Julius Kimani Kamau will now have to spend the long weekend in police cells after being arraigned in Court today for disrupting CS Treasury Ndugu’s photo session during the 2024/2025 budget reading at the National Assembly.

Kamau was charged alongside Erick Mankuyu Seyiele that on June 13, 2024 at treasury building along harambee avenue in Nairobi CBD created disturbance in a manner likely to cause a breach of peace by yelling and shouting.

Julius Kamau pled guilty to the offence however, he held the court at ransom by trying to address the court on what made him do what according to him ‘the legislators failed to do to stop oppression’

“I am ready to do anything to see change in this Country, am ready to die for freedom, am ready to die for justice, am ready to die for equality. We cannot continue living like slaves in our own country, in our father’s land, the land where our fathers bled and died to free this country from the shackles of colonialism…colonialism never really ended in this Country” lamented Kamau.

The court ordered that he be escorted to hospital for mental assessment awaiting plea taking on Tuesday next week.

The Director of Public Prosecutions has made an application before a Nairobi Court seeking to withdraw a fraud case against Kakamega Deputy Governor Ayub Savula and his wives in a Sh122 million Government Advertising Agency case.

According to the public prosecutor, the DPP reviewed the file and upon review, he applied to have the criminal case withdrawn under section 87 A of the CPC.

The prosecution informed court that DPP arrived at the withdrawal conclusion after noting that a number of accused persons in case were discharged by the court and ODPP required to amend or substitute the charges.

It was also the ODPP’s submission that DCI failed to avail a suitable witness to substitute the evidence of late prosecution witness five, Jeniffer Wambua Itumbi who was murdered shortly after giving her examination in chief and she met her untimely death before she could be crosseaxamed by the defence.

The DCI communicated to the National land commission where the late Jeniffer was working at the time, only to be informed that nobody in the ministry could stand in for the late Jeniffer to corroborate her evidence due to the fact that the late Jeniffer handled the matter solely.

In the case, Kakamega Deputy Governor Ayub Savula was charged alongside former Ministry of Information PS Sammy Itemere and 28 others for allegedly stealing Sh122.3 million from the Government Advertising Agency (GAA).

The Office of the Directorate of Public Prosecutions continues to charge people with robbery with violence against a High Court Ruling that declared Section 296 (2) of the Penal Code where the said offense is anchored unconstitutional, null and void eight years ago.

Barely three days after a Magistrate Court in Milimani ruled that robbery with violence charge against Ian Njoroge, a student behind the alleged assault of a police officer to be unfounded in Law, today the ODPP yet again arraigned a suspect in Court and charged him with the same offence.

Brian Meshak Onyango was today charged with robbery with violence contrary to section 296 (2) of the Penal Code.

According to the prosecution, the suspect on June 9, 2024 at Sapros Club in Nairobi, with others not before Court robbed Antony Macharia two mobile phones valued at Ksh 128,000, a wrist watch valued at Ksh 6,000 and immediately after the time of such robbery used actual violence against the said Victim.

Appearing before Milimani Chief Magistrate Lucas Onyina, the accused denied the charges and was detained pending bail and bond ruling.

The Penal code, Section 296 (2) sets out the elements of robbery. To qualify as robbery with violence, the evidence of the theft, the number of assailants, whether the appellant was armed with a dangerous weapon, and whether the appellant beat the complainant has to be determined.

However, the provisions of section 296 (2) were in 2016 declared unconstitutional by the High Court.

It was a landmark ruling that made Katiba Institute in January 2024, sue the Director of Public Prosecution (DPP) and the Judiciary for sustaining criminal charges of robbery with violence despite the High Court’s declaration that the same is unconstitutional.

In the petition lodged before the Milimani High Court, the Human Rights Lobby Group accuses the DPP and Judiciary of an alleged refusal to revoke charges of robbery with violence and attempted robbery as ordered by the Court eight years ago.

“The Respondents’ wholesale abandonment of their core constitutional duties and utter indifference to all Kenyans’ fundamental rights and freedoms continues. Each day, people are arrested, charged, arraigned, detained, tried, convicted, and sentenced based on these ghost crimes,” reads the court papers.

According to Katiba Institute, no individual arrested for the offence of robbery with violence or attempted robbery should be charged, tried or convicted on the same since the provisions were declared unconstitutional in 2016 and the statutes ceased to exist in law on March 15, 2018.

Milimani Law Courts in Nairobi has allowed DCI to detain four police officers and two civilians who were last week arrested over theft of Sh2.2 million for four days pending conclusion of investigations over the said robbery.

The Directorate of Criminal Investigations on Friday asked a Nairobi magistrate court to allow detectives to detain the suspects for 14 days pending the conclusion of investigations.

The suspects are Sergent Antony Ndegwa Anwal, Corporal Daniel Lekakeny Sunkuli, Constable Simon Macharia Maina, and Constable Antony Mwenda, all police officers attached to Kasarani police station.

The others are Lukas Magwaga and Young Wakise.

They are facing three counts of stealing from a locked motor vehicle, conspiracy to commit a felony, and handling stolen property.

The suspects were arrested on June 6, 2024 at Kasarani Police Station public parking by a team of DCI officers from Nairobi Area and Kayole.

The complainant in the matter is one Victor Peter Owino who is an accountant at Rophine International School who made a withdrawal of Sh 2,361,000 at Family Bank Utawala branch on June 3, 2024, which was meant to pay casual workers.

After the withdrawal of the money, Owino proceeded to the school which is located within Mihang’o while driving motor Vehicle registration number KCE 535L Toyota Axio and parked outside the school compound and went inside the school with Sh 161,000 leaving the rest of the money in the car which he locked safely,

“Minutes later, Omondi went for the remaining Sh 2,200,000 but found it missing in the car.”

The complainant went on to Mihang’o Police Station and reported the matter.

On retrieval of the school CCTV cameras, footage showed that a motor vehicle registration number KCR 595D saloon, silver in colour with three occupants who were seen alighting and gaining access in to Omondi’s car and made away with the brown envelope believed to be containing the money.

During the time of arrest, a search was conducted and the suspects had a total of Sh 468,000 which is suspected to be part of the money stolen and the inventory of the same was signed.

The four police officers were not on official duty.

After the arrest of Magoiga and Wakhisi in Ruai and Huruma respectively, there was no entries made in the Occurrence Book and they did non their in charge (DCIO Kasarani).

The officer told the court that, the extension of f days sought will allow him to complete Investigations.

The officer said that, they are yet to apprehend other suspects who are at large and well known to them and also recovering the motor vehicle used in the commission of the offence,

“We are also in persuit to recover the remaining amount and also identity the M-Pesa shops where the money was allegedly deposited for statements recording,” said the officer.

He also told the court that the retrieval of the CCTV images are yet to be analysed by experts from DCI Headquarters for the purpose of comparing and identifying the suspects.

The four respondents being police officers attached to investigation departments might interfere with the investigations since they have the knowledge of the whole process hence releasing them might interfere with the investigation,

The court was further told that Wakhisi and Magoiga does not have a known place of abode and he feared releasing them might go in to hiding and delayed the process.

In his ruling, the magistrate ordered the four police officers be detained at Kayole Police Station and the other two at Ruai Police Station awaiting for the ruling on the plea by the Investigating officer.

Over 200 Gikomba mitumba traders have been allowed to file a fresh case
challenging a decision by the Nairobi City County to demolish their
premises to put up a fire station.

Justice Sammy Aswani Opande allowed an application by lawyer Danstan
Omari to file a fresh case seeking orders to stop fourth way to
demolition of their stalls.

Justice Opande gave Omari 2 hours to file the substantive suit annexing
all the evidence which include licenses issued to the traders to operate
in the two acre parcel of land valued at Sh 2 billion.

The Judge heard that part of the evidence will be a video clip of
president William Ruto who assured the traders they will not be evicted
when he bought a shirt from a trader at Sh 100.

Justice Opande said the rights of small scale traders must be protected
since they are the drivers of the economy,

“The plight of the traders must be guarded jealously against the
aggressors who have received licenses levy and now they have turned
against the hopless claimants,” submitted Omari.

The Judge was further told two traders have since died after their
stalls were demolished by county government bulldozers.
The judge had earlier declined a plea by the traders to amend their
earlier pleadings which had omitted evidence to prove authority to
operate in the area.

The traders, who are senior citizens aged between 50 and 80 years old,
prayed for the court’s intervention saying they have nowhere to go if
the decision to kick them out of their business premises is executed.
The judge heard the traders have been operating in the premises since
1936.
The court heard for the last two months they cannot support their
families since their livelihood has been curtailed by the county
government.
The plea to file a fresh case was opposed by the county government
lawyer Dinda Alakhe saying the county government wants to put up a fire
station which is a project with public interest.
However the judge heard the fire station will only sit on a plot of 50
by 50 metres and the rest of the land will end up in the hands of
grabbers.
In his brief ruling Justice Opande said the application by the traders
to file a fresh case has merit and it is not capricious.
The judge waved an earlier order that the poor traders pay costs of the
earlier case which they had sought to amend saying they cannot be
subjected to double Jeopardy of having their premises demolished and
bear costs of the suit.

The traders are seeking preservatory orders from the court to stop the
ongoing demolition in Gikomba until the matter is heard and determined.

Through their lawyer Danstan Omari, they are claiming to have got in
trauma after a big loss they incurred during the demolition where their
properties were destroyed.
Mr Omari said that the group consists of 222 traders trading in the name
Solidarity entered in the said land around 1936 where most of them are
grandchildren of their parents who were trading in the same land.

They claim that they had been operating obeying the law in paying of
taxes and and owning genuine licences where previous governments had
been acknowledging them.
The traders are challenging the county government of Nairobi for failure
to issue notice in advance on the demolition,
“We went to court to challenge the county government of Nairobi for the
way this demolition is done which is against the law,” said Omari.
The lawyer claims that there are individuals in the government who want
to possess the same land and do the same business.
He added that the law does not allow demolition to be conducted at night
where the traders had sworn an affidavit confirming the same and it
proves the ignorance of the government.
The traders also claim that the action of their removal was done without
public participation and the issuance of notice as stated by the law.
“We have moved to court to challenge the action of removing those
traders who have been there for the last 56 years to bring other
individuals,” protested Omari.
The market is said to be serving East African countries and chasing them
out will affect trade between Kenya and those countries who rely on the
market.
The traders also seek injunction orders to let them continue doing their
businesses awaiting the determination of the matter.