Court News

A renowned City Lawyer and Human Rights Defender Charles Mugane has filed a petition seeking to block four Secretaries to the Cabinet from sitting in the cabinet meetings.

The four include Cleophas Malala, David Ndii, Amb Monica Juma & Harriette Chiggai.

Lawyer Mugane says that the said officials are not members of the Cabinet by the meaning of Article 152 of the Constitution of Kenya, 2010.

The Petitioner contends that the purported inclusion of the four to the cabinet contravenes the mandatory constitutional provisions and procedural constitutional requirements.

Mugane argues that the inclusion into the cabinet of the four was done without the involvement of parliament; the same insulates the “strangers” from oversight as provided in Article 95 (5) of the constitution, the same being null and void.

“The government action herein seeks to establish a government other than is provided under the constitution, which action is null and void,”added Mugane.

The human rights activist wants the court to prohibit the four from attending the cabinet meetings pending the hearing and determination of this petition.

He also wants the court to certify this matter urgently and are not members of the Cabinet and in-fact hold other portfolios being the Secretary General of the UDA Party (the ruling party), The President’s Chief Economic Advisor, the President’s National Security advisor and the President’s advisor on women’s rights.

The petitioner adds that the continued attendance of cabinet meetings by the four raises serious Constitutional questions that this honorable court ought to attend to at its earliest convenience.

He says that on 27th June 2023 the Cabinet of the Republic of Kenya approved a decision to allow them to attend cabinet meetings which act is unconstitutional by the meaning of Article 152 of the Constitution of Kenya 2010.

Further they took an oath of secrecy administered at the State House Nairobi before proceeding to attend their first meeting.

The Court of Appeal has declined to suspend the removal of the director-general of the Kenya Rural Roads Authority (KeRRA) Philemon Kiprop Kandie, pending the determination of an appeal filed in Court.

Kandie was removed from his position in late May after Employment and Labour court judge James Rika ruled that the process was marred by illegalities and procedural impropriety.KeRRA board chairman Prof Oyuko Mbeche had sought for the suspension of the ouster, pending the determination of an appeal he has filed.The court directed the case be listed for hearing on priority basis.While nullifying the appointment of Mr Kandie, the court had agreed with Samson Nzivo Muthiani that KeRRA was bound by the 21-day rule on advertising and the agency failed to place the advertisement on the Public Service Commission Website or on radio and other modes of communication.Mr Muthiani had argued that the process of confirming Mr Kandie was characterised by bad faith as public bodies should not go into the interview process with predetermined outcomes. Dissatisfied, Prof Ayuko in his capacity as the chairman of the board argued that none of the board members of KeRRA was made a party to the proceedings which would have enabled them to ventilate the process they used in the recruitment.Pfor Ayuko submitted that Mr Kandie’s employment was terminated without going through the due process under the Employment Act, and without affording him an opportunity to be heard.He informed the court that the intended appeal is arguable and has with high chances of success on the grounds that the judgment violated Mr Kandie’s right to be heard, right to a fair hearing and fair administrative action as provided for in the Constitution.He said Mr Kandie was serving a 5-year fixed contract and if the decision is not suspended, the period shall lapse. He added that the D-G is in charge of the daily management of KeRRA and a vacancy in that position would cripple the management and sabotage the mandate of the government in relation to the management of 20,000 kilometers of rural roads in the country.

Pastor Ezekiel has won round two against the State days after getting his TV waves back on air.

A magistrate court has ruled in favour of Pastor Ezekiel Odero in yet another tough legal war with the state.

The ruling was delivered by Senior Principal magistrate JM of the Shanzu law courts now gives Ezekiel some temporary freedom as the state continue to investigate his case.

“The final orders in the ruling that I rendered on 2nd May, 2023 were clear that the purpose of today’s mention was for the State to appraise the court on the status of the investigations and for parties to apply for any other or further relevant/desired/appropriate orders.

An objection has now been raised targeted at the further affidavit filed today by the State and the Respondent’s Counsel seek that the same be expunged from the record,” said the magistrate.

The magistrate added that, “By practice, applications made to a court handling criminal cases are presented either orally or by way of Notice of Motion.

This is a practice that has been adopted in our jurisdiction over a substantive period of time,” said the magistrate.The court added that, “ That being so, and following the orders of 2nd May, 2023 giving leeway to the parties to apply, it is within the rights of the State to prefer their application orally and base the same on affidavit evidence. There are hordes of decisions from superior courts that the title of an affidavit (in this case titled as “Further Affidavit”) is a matter of form and not substance. The substance is to be found in the dispositions made in the paragraphs where the Deponent states his material on oath.It is therefore my persuasion that although the affidavit is titled as “Further Affidavit”, the state can still rely on it to support an oral application,” said that magistrate.“I however need to be clear that a decision on the application dated 28th April, 2023 was made and I trust that parties will not revisit issues already determined therein, which would otherwise be rendered res judicata. The upshot then is that the objection by the Respondent fails,” ruled the court.

Ezekiel is being represented by lawyer Danstan Omari in most of his cases.

A man was on Tuesday arraigned at the Milimani Law Courts for allegedly conspiring to defraud a company of Ksh.13 million.Fredrick Okello Orawo was charged that between March 10, 2021 and April 6, 2021 being a director of Seraph Engineering Limited and without authority of the company board of directors caused the opening of an account at Standard Chartered Bank which account he used to channel company money instead of the known account occasioning the loss of over 13M.

Embakasi East MP Babu Owino alias Paul Ongili has appeared before magistrate Bernard Ochoi to defend himself in that case.

He has told Ochoi that he has a calling from God to help people and so far he has helped many people even to pay school fees in the Country.

Owino said he has so far spent Sh58.6 million on DJ Evolve alias Felix Orinda’s medical expenses and maintenance cost.

Babu stated that he accepted responsibility for Elvove as a symbol of his moral responsibilities as a leader.

He was testifying in a case in which he is being accused of mishandling a handgun when he shot DJ Elvove at B club in 2020.

“I took charge of life saving of the initiative and endeavors of Felix Orinda as a leader. And that would be inconsistent with a person who intended to harm”, Owino said.

He added that during the incident,he was as sober as a judge.

“Total bills accumulated to 23million as DJ Elvove was in the ICU. He was immobile and could not move. I bought him an apartment at Kilimani at around 17million and hired two nurses, 2 physiotherapists 1 occupational therapist which upto date am paying Sh300,000 per month. I have paid 11.1million and its still going on for 37months. I take care of his upkeep of 70,000 per month to pay bills and food. Medicine is 80,000 per month totaling to 5.5 million for 37 months.”

Last surgery that costed Sh2million which made him to speak was done at Nairobi. So far I have spent Sh58.6million on Evolve”, Owino added. 

He said he plans to buy a motor vehicle and help set up a DJ school for him. He also plans to take him to India for further treatment. 

The MP has denied that his firearm fired a bullet since it was jammed.

The case will proceed on June 22,2023.

A Civil Society group has moved to court to suspend the introduction of the New Digital Identity system (UPI) to Kenyans.

The group named Operation Linda Jamii, led by its Chairperson Professor Fredrick Ogola argue that the government is contravening the constitution adding that there was no public participation.

 “Unique Personal Identifiers known as Digital ID is yet to be rolled out and the Taxpayers’ money is to be used in driving the implementation of this project. “He added.

Ogola wants the court to bar the government from proceeding further with any act and/or process of rolling out the Unique  Personal Identifier known as Digital ID,” reads one of the orders that they seek.

They argue that the government had already spent 11 billion shillings on the Huduma Namba project which did not benefit Kenyan’s.

“We are seeking a permanent injunction barring the Respondents from having servers of the Huduma Namba project or any other project in a foreign land as they are intending to do in Pakistan, “added Ogola.

The activist wants a declaration that the roll out of Unique Personal Identifiers is unconstitutional because it interferes with prudent utilization of public funds and resources as provided under Article 201 and 227 of the Constitution of Kenya, 2010.

He wants the court to suspend the process of rolling out the Digital Identity Cards pending the hearing and determination of the petition.

Linda Jamii also wants the court to issue an order directing the Ministry of Interior and that of Information to avoid abandoning the Huduma Namba which cost the government a lot of taxpayers money, instead modify the areas of the Huduma Namba that the trial Court found to be illegal and still use it because there is no difference between the Unique Personal Identifier and Huduma Namba.

It is their argument that these actions by the Interior and Ministry of information violate Article 1 of the Constitution which provides for Sovereignty of the people.

 In particular the digital sovereignty of the Kenyan people will be grossly compromised and violated if the citizens’ data is taken to another country for roll out of Unique Personal Identifiers.

In a group of 10 petitioners says that the new roll out has introduced a Unique Personal Identifier (UPI) for newborns, which will serve as the child’s personal number before they even start school, and eventually becoming their national identity number, social security number, health insurance number and finally the death certificate.

“The government has failed to publish a gazette notice to ope-rationalize the card and make it a legal identity,”they added

UPI which is a unique personal identifier (UPI) is expected to identify citizens’ right from birth has been filed in court seeking.

Ogola SAYS that in 2005, the government of Kenya, under the Kibaki administration, initiated the registration of persons in the country using a harmonized approach to address duplication efforts.

Nation Media Group will now have to pay lawyer Danstan Omari Sh 9 million for defaming him.

This is after Omari won the defamation case against the media house for calling him a poor communicator.

Principal Magistrate B. Cheloti while delivering the judgement said that Nation Media’s acts were defamatory and hence damaging to Omari’s reputation.

“The defendant published an unqualified retraction of all defamatory statements and an unconditional apology on a whole page of the daily newspaper, “added Cheloti.

She awarded Omari general damages, aggravated damages, and cost of the suit among other interests.

“I am of the opinion that the computation below will be sufficient compensation to Omari, “added Cheloti.

She ruled that the words intended to lower Omari’s reputation and would cause him to be avoided or shunned and he lost clients and briefs because of that article.

The judge ruled that Omari has argued his case beyond a balance of probabilities, he has satisfied the threshold required for the tort of defamation to succeed as has met all the key ingredients required.

Omari moved to court seeking a declaration that the media house’s acts were defamatory and hence damaging to his reputation.

He averred the station had willfully published in its dalies, both print on page 11 and online dated January, 2022, false defamatory statements by erroneously and maliciously under the title: “Cheers and boos: Here are the best and worst public communicators of 2021”. 

He argued that he came across the defamation from a lawyers WhatsApp forum composed of senior and brilliant colleagues at the Bar. 

The lawyer said that the defendant’s publication was heavy laden with malice and obtuseness with the direct intent of damaging reputation, his professional standing in society as the impugned publication has caused deleterious effects to his business and practice as an Advocate, Political Analyst and Senior Law Lecturer at the time. 

Omari averred he resigned from being a law lecturer on May 31, 2022 whilst the article had been published on 6 January, 2022. 

He said the publication had indicated his cases were likely to fail.

He resigned from Catholic University because of the publication. Some of his clients have left his services and he has since lost briefs because he had been portrayed as a poor communicator. 

He averred his esteem had been lowered by the said publication as the publication crushed what he had built for over 40 years. 

Nation media have since appealed the judgment at the High court

Court has freed on bond a Son of former assistant minister charged with threatening to kill city tycoon, extorting him Ksh50M.

When the former trade assistant minister Zaddock Syongoh’s son and co-accused Musaari Kahiga Syongoh appeared today before magistrate Zainab Abdul, she ruled that there are no compelling reasons to deny them bail.

She however warned the two not to interfere with the witnesses an act that would see their bond to be counseled.

They are accused of looking for firearms and ammunition to execute plan of eliminating Chetan  Babu whom they went to school together at St Mary’s Nairobi.

They were charged on Friday, June 9, 2023, with threatening to kill Chetan.

Muthami was separately charged with harassing the wife of Chetan Neha Girish Mehta by sending her indecent and offensive messages through an Airtel line with the aim of extorting.

He was further charged with illegally being in possession of three identity cards belonging to ConnieI lllamwenya Livole, Diana Kerubo Atinda and Levi Kipchumba Tanui. The said identity cards were recovered by police at Muthami’s house in Donholm in Nairobi county.

The ruling on bail was read out today because the prosecution and the lawyer for victims had opposed their release on bail.

But the defense lawyer Moses Chelenga vehemently opposed the application by the state and Chetan’s lawyer saying there are no compelling reasons to warrant the denial of the accused bond or bail.

Chelenga told the magistrate that the accused persons are not a flight risk and the allegations of life threats are far-fetched.

Chelenga told the court that the same allegations were uttered before magistrate Bernard Ochoi when police sought to detain them for 14 days, a request that was declined.

“No evidence presented before the court to warrant their denial of bond,” the defense lawyer said.

In a brief ruling, the magistrate said the allegations made are serious and weighty.

A Middle aged man has been charged with Milimani Law Courts with possession of public stores against the law.

He appeared before magistrate Lucas Onyina and denied the charges.

Augustine Musume Juma was charged that on June 8,2023 within Landi Mawe, Nairobi County had in his possession public stores namely Kenya Police Service blue uniform working dresses.

The Charge sheet reads that he was possessing a Beret with a budge, blue Jacket among other uniforms bearing NPS logo which are suspected to be unlawful obtained or stolen.

He pleaded guilty to the charges and the facts will be read out to him tomorrow.