Court News

The High Court sitting in Nairobi has suspended the move by County assembly and the County Government of Nairobi from proceeding with its plan of ousting embattled Housing Chief Officer Lydia Mathia from office after she moved to court to block the same.

Judge Bahati Mwamuye while delivering the ruling, said that the resolution of the cendor motion against her, be placed aside pending the hearing and determination of her case.

” Pending the inter party hearing and determination of the petition, a conservatory order be and is  hereby issued restraining the respondents, jointly and Severally, and the interested party and any other person or both of them from implementing , enforcing  or acting in reliance  of the resolution emanating from the said censor motion which was passed against the petitioner,” the court ruled

The ruling comes after City lawyer Moses Mabeya filed an urgent application before the court seeking to overturn the decision made by the county government.

Mabeya told the court that the decision by County Government, emanated from a censor motion dated June 24 and was illegal and unconstitutional.

“The petitioner was condemned unheard, in direct violation of the constitutional guarantee to a fair hearing under article 30. No prior Notice, Summons, or opportunity to respond was awarded to her before the censor motion was tabled, debated and adopted,” Mabeya told the court.

He also told the court that, when such developments of the County Assembly and the County Government are not stopped on time, they would easily render the petitioner jobless.

He further in his application told the court that, the decision of the county Assembly and the county government declaring her client unfit to hold any office was dangerous and could negatively affect her life.

Mabeya also told the court that there is an imminent danger of the respondents restricting the petitioner from accessing her office to execute her lawful mandate that will lead to direct firing by the people of Nairobi City whom she serves in her capacity.

“Unless this court intervenes on time, there is imminent danger where the petitioner will be blocked from accessing her office and this would lead to firing,” he told the court.

He raised other constitutional issues that he wanted the court to consider while handling the matter in an urgent way.

Embakasi East MP Babu Owino has successfully represented  two suspects accused of mobilizing the June 25 protest anniversary that rocked Nairobi and other parts of the country.

Owino appeared alongside lawyer John Maina to defend Suleiman Wanjau Bilali and Robert Otiti Elwak(former Harambee Star captain), who were arraigned in court as the police sought custodial orders to detain them for 10 days to conclude investigations.

The suspects were arrested in Muthurwa and Kayole and are accused of publishing false and inciteful information on social media, allegedly intended to mobilize unlawful protests. Police told Senior Principal Magistrate Dolphina Alego that the duo had published a sensational protest time on X (formerly Twitter), aimed at provoking public unrest.

The prosecution further claimed the suspects were part of a group that planned to infiltrate peaceful protests with violent goons, aiming to destabilize national security, assault protesters, and incite chaos around State House — a protected security installation.

According to the investigating officer, the suspects allegedly incited crowds to loot, disrupt peace, and cause unrest. The prosecution requested a 10-day extension to allow for forensic analysis of the suspects’ phones, review of M-Pesa and bank records, and collection of witness statements.

The Office of the Director of Public Prosecutions (ODPP) argued that the complexity of the case and the gravity of the allegations warranted the extended detention.

Six Gold suspects have failed to plead to Sh 70M fraud charges as the charge sheet was not ready today.

When the six appeared before magistrate Dolphina Alego,declined to grant the prosecution’s request for adjourment.
The DPP had requested for more time to conclude Investigations but Alego declined setting a ruling date on whether to release them on July 1,2025.

The magistrate said she  will deliver her ruling on whether the miscellaneous case file will be marked closed or not. She will also rule on whether passports deposited in court belonging to the suspects will be released to the investigating officer in the case.

In the case,lawyer Kimani Wachira is watching briefs for the two complainants in the case while lawyer  Danstan Omari is representing all the suspects

Earlier the magistrate had granted Director of Criminal Investigations {DCI}Amin Mohammed more time to enable him complete investigations into a criminal case where the suspects are suspected to be involved in a Sh 70 million fake gold scam.

 Alego had granted Chief Inspector Leah Ambiche attached to DCI operation more time to complete investigations where the suspects namely Nfundiko Kamira Jean Marie, Alan Zaphenia Onyango, Edward Leonard Ochieng, Shem Omollo Onyango, Peter Lukabaya Mulamba, and Ibrahim Nsangou are linked to fraud gold in the city.

The magistrate granted application of extension of time by CI Ambiche who is lead investigating officer to enable them to make final decision in the matter whether to charge the suspects or not.

All the suspects are out on cash bail of Sh 500,000 each pending investigation. suspects a cash bail of Sh 500,000 each. They will also be required to provide two contact persons each.

According to the affidavit filed in court by CI Ambiche the complainants made a police report that the six had obtained USD 546,000 (Apprx Sh 70 million).

The court heard that the complainants, Ramadhan Suleiman Mohamed and George William Betoka reported that on diverse dates between March 6 and 10,2025 the six respondents had with them six metallic boxes with nuggets purported to be gold weighing 305 Kgs, 2 weighing machine(one big one small) and an electronic gold tester gun.

Others items used to lure the complainants included a dust coat branded Ministry of mining, job card purportedly from Ministry of Mining indicating employment number 00427, assorted documents bearing the logo of Ministry of Mining, numerical seals yellow in colour, white helmet and unidentified liquid in a small jerrican for use in the course of cheating.

According to Ambiche, the buyer Sudmet Global (FZE) UAE intended to buy 150 Kgs of gold from Jean Marie.

“The first respondent and the buyer through the representatives agreed on a purchase price of USD 65,000 per Kilogram,” the investigator told the court.

CI Ambiche told the court that from the footage obtained from the scene, Jean Marie introduced the representatives of the buyer to his agent, Alan Onyango.

They were allegedly shown gold samples at a residence in Muthaiga where the 3rd respondent ( Edward Ochieng) was actively involved in the sampling process and the 4th respondent (Shem Onyango) was the purported mining official from the Ministry of Mining.

Chief Inspector Ambiche said that Shem Onyango tested the alleged gold nugget samples with his electronic gold tester gun confirming its purity.

It is alleged that the first, second, third and fourth respondents then took the representatives of the buyer to the Ministry of Mining offices where the sample was tested and assay report dated 4th March 2025.

According to court documents, on the same day the 1st and 2nd respondents gave the complainants 7kgs of gold as collateral, which they were adviced to keep at MySafe Place at Sarit Centre. Both parties (buyer’s side and the seller’s side) were issued with the key to the safe.

Afterwards, Jean Marie and Alan Onyango then introduced the complainants to Kristal Commodities Group Limited, an alleged licensed dealer with Ministry of Mining & Shipping company that was to prepare the paperwork for shipping the gold consignment to Dubai.

On the same day, the shipping company through the two respondents gave the complainants an invoice of USD 546,000 dated 4th March, 2025 for the said paperwork.

The court heard that Jean Marie and his team preferred to be paid in either USD or cash but the complainants recommended the buyer to pay via wire transfer.

CI Ambiche said that when the buyer did a wire transfer to the account number of Kristal Commodities Group Limited, it failed to go through.

“On diverse dates between March 6 and 10, 2025, the buyer through his representative, Mohamed paid the invoiced amount of USD 546,000 which was received by Jean Marie in the presence of his team members. (the transaction is captured on video). They were then issued with sales receipts.

Now, Jean Marie was supposed to ship the 150Kgs consignment to Dubai but never did. They also found out that the collateral gold at Mysafe was just stones.

The investigator said that in order to nab the perpetrators, the complainants planned another sale for the purchase of 500 Kgs of gold.

Seeing a sweeter deal, the complainant was issued an invoice from SKR Logistics Limited for Sh 2,680,800 on April 17, 2025.

In this deal, Jean Marie allegedly introduced Peter Mulamba as the seller as per the new sale agreement.

A Businesswoman implicated over Sh 3.1 Million food stuff deal has denied all the charges at Milimani Law courts.

Grace Kathin Veki has appeared before magistrate Geoffrey Onsarigo and denied all the charges.

She was charged that on diverse dates between 1 February and 28th of February 2024 in Nairobi County, jointly with others not before court, by means of fraudulent trick induced Rosemary Ndunge Malonza of Novatus Limited to deliver 400 pieces of 20 litres Somo cooking oil valued at Sh. 2,358,000.

Prosecution told the court that on the diverse dates between 1 of July and 30th July 2024 in Nairobi County jointly with others not before court by means of fraudulent trick, induced Job Omondi Mark Imboko of Sharklet Enterprises Limited to deliver 150 pieces of 20 litres Top Fry cooking oil valued at Sh. 847,500.

She was released on a bond of 1 million or alternative cash bail of Sh.400, 000 pending hearing and determination of her criminal case

Anthony Njuguna Kimani has been charged at Milimani Law Courts with Insurance fraud contrary to Section 204(1)(b) as read with section 204B of the Insurance Act Cap 487 Laws of Kenya.

He appeared before magistrate Dolphina Alego and denied one count of Insurance fraud.

court was informed that on diverse dates between January 1,2017 and May 30,2017 at Madison Insurance Kenya Limited head office at Upper hill Nairobi,jointly with others not before court,being a care giver at that company,conspired with intent to defraud the Insurer Sh 5,522,021 by willfully presenting himself in the preparation and fraudulent registration of Joseph Nganga Kariuki (deceased)to Nakuru County Assembly Medical Scheme as a beneficiary member by using falsified Employment number.

He is said to have purported the deceased to be a staff at the said County knowing it was untrue.

A former company director facing Sh 350M fraud case,has been ordered to deposit his travel documents in court.

When the matter came for ruling today on whether to release him on bond,the accused Honey Khatwani was released on Sh 10million bond or a cash bail of Sh 5M.

He is also to add to his bail terms two  sureties of similar amount.

Magistrate Dolphina Alego while releasing him on bail,directed that he deposit his travel documents in court so that he may not abscond.

Honey Khatwani has been charged that on diverse diverse dates between January 1, 2020 and June 30, 2024 at Barbado within Nairobi County being a director at OK I generate ready Limited you store US dollars 2,786,174.4 approximately 356,711,174.4 the property of OKI general trading Limited, which came into your position by virtue of employment.

Appearing before magistrate Dolphina Alego,Honey pleaded with the court to be released on favorable bond terms saying that he is not a flight risk and has a family in Kenya.

“Your honour,the accused is innocent until proven guilty,I pray that he be released on favorable bond terms,”added his lawyer Kennedy Echesa..

The prosecution urged the court to consider the amount involved while granting the bail terms since the money involved is huge.

The court was also urged to hold the travel documents of the accused saying that he could be a flight risk.

The defense said that the accused upon arrest was released on Sh 200,000 cash bail and requested the same to be upheld on this case.

Honey also complained that he was unwell and requested to be taken to the Avenue hospital.

The High Court has upheld the validity of a Will authored by a British national who died nearly 13 years ago, resolving a contentious legal battle over his multi-million-shilling estate and dismissing rival claims from several parties.

Justice Hillary Chemitei ruled that the Will, prepared by the late Roger Bryan Robson in 1997, was properly executed, witnessed, and drafted by a qualified advocate, effectively putting to rest allegations that it was a forgery.

Robson, who died on August 8, 2012, had named lawyer Guy Spencer Elms and Sean Battye as executors of his estate in a Will dated March 24, 1997. Battye later renounced his role after relocating overseas, leaving Elms to carry out the deceased’s final wishes.

Among those contesting the Will were Thomas Murima Mutaha, a businessman and director of Plovers Haunt Ltd—which claims a stake in an Upper Hill property—and Ms. Kagure, who argued she purchased a parcel of land in Karen from Robson in 2011. Both claimed the Will was not genuine.

But in a strongly worded ruling, Justice Chemitei dismissed the forgery claims. “There is no evidence to suggest that the deceased was under any pressure or coercion. It appears he voluntarily visited his lawyer and expressed his intentions clearly,” the judge said.

The court also found no indication that Elms stood to gain personally from the Will, instead observing that he was only acting in Robson’s interest. Robson died childless and had instructed that his assets be liquidated and the proceeds shared between his nephew and local environmental charities.

On claims that the Will lacked a detailed list of Robson’s properties, Justice Chemitei noted this was not enough to invalidate the document. “If any properties were left out, they can be handled as intestate assets. That alone cannot nullify a valid Will,” he added.

The judge cast doubt on the credibility of documents presented by Mutaha, especially those relating to share transfers in Plovers Haunt Ltd. Mutaha alleged he had acquired the disputed land from Robson, but under cross-examination, he admitted there was no written sale agreement and that the property was allegedly transferred to him without payment.

Michael Fairfax Robson, the deceased’s brother, testified virtually and denied any knowledge of Mutaha. He also confirmed a strained relationship with his late brother, which led him to return to the UK.

Meanwhile, Elms defended his role as executor, telling the court that although he once faced criminal charges over the Will’s authenticity, the matter was withdrawn. He further testified that Michael Robson had transferred his shares in Plovers Haunt Ltd to himself and his wife, then formed a subsidiary company—Plover Haunt (2015) Ltd.

Elms also explained that the contested property remained under a bank charge, meaning no valid transfer could have occurred during Robson’s lifetime.

Justice Chemitei directed that ownership disputes involving three contested parcels be handled by the Environment and Land Court. “The matters raised are contractual in nature and unrelated to inheritance. The land court is best placed to resolve them,” the judge ruled.

Kagure maintains she purchased the Karen land from Robson in 2011 for KSh100 million—a claim now set to face scrutiny at the land court.

In a related case, Timothy Wangai Mwathe and Frendrich Pietz had also laid claim to another piece of Robson’s land. However, in October 2024, the court revoked Mwathe’s title and ordered him to pay KSh7 million to the estate and to Elms for trespass.

Honey Khatwani has been charged that on diverse diverse dates between January 1, 2020 and June 30, 2024 at Barbado within Nairobi County being a director at OK I generate ready Limited you store US dollars 2,786,174.4 approximately 356,711,174.4 the property of OKI general trading Limited, which came into your position by virtue of employment.

Appearing before magistrate Dolphina Alego,Honey pleaded with the court to be released on favorable bond terms saying that he is not a flight risk and has a family in Kenya.

“Your honour,the accused is innocent until proven guilty,I pray that he be released on favorable bond terms,”added his lawyer Kennedy Echesa..

The prosecution urged the court to consider the amount involved while granting the bail terms since the money involved is huge.

The court was also urged to hold the travel documents of the accused saying that he could be a flight risk.

The defense said that the accused upon arrest was released on Sh 200,000 cash bail and requested the same to be upheld on this case.

Honey also complained that he was unwell and requested to be taken to the Avenue hospital.

Ruling on bail tomorrow.