Court News

Communications and Multimedia Appeals Tribunal (CMAT) has set May 25/2023 as the date for mention of Pastor Ezekiel’s petition. In a petition filed on behalf of Ezekiel by his Lawyer Danstan Omari, Pastor Ezkiel Odero is seeking orders from the tribunal to restart his World Evangelism television station. “TAKE NOTI CE that the above matter has been fixed for a MENTION on the 25th Day of May 2023 at 2:30pm virtually “Reads the directive from Tribunal Court administrator. The parties in this matter have been warned that in default of their attendance on the said date and time, the Tribunal may proceed to MENTION and give any orders and /or directions it may deem fit to give your absence notwithstanding. The pastor said he is aggrieved by the authority’s CEO Ezra Chiloba’s decision to suspend the broadcast license issued to World Evangelism TV and wants the decision overturned. Ezekiel says that Mr Chiloba erred when after dispatching the letter outlining various allegations pertaining to the television station, failed to afford him an opportunity to be heard and deny the allegations. “Mr Chiloba erred in law and in fact when he abruptly suspended World Evangelism TV broadcast licence despite having explicitly granted us a 45-day grace period to adhere to the stipulated regulations and rectify any deficiencies within their establishment,” said Mr Odero.

The Kenya Environmental Health and Public health Practitioners Union (KEH&PHPU) has threatened to begin a peaceful protest in the course of the week if the Ministry of Labour and Social Protection is not going to register their union(Public Health Union) under the Registrar of Trade Unions. (RTU)

During their press briefing at the Milimani Law Courts, the PHU Secretary General Brown Ashira said that despite the court ruling made on November last year, the RTU has blatantly ignored the ruling that was made in their favor.

They also called upon the government to give them a budget and employ more Public Health Officers

Two people accused are being accused of defrauding a Businessman of almost 4Million by pretending that they secure his daughter a job at Kenyatta National Hospital(KNH) as a Nurse.

The two Purity Kaimuri Wakarutu and Erick Kithinji Mwiti have been charged that on diverse dates between July 22,2021and September 29,2021 in Nairobi, jointly with others not before the court ,with intent to defraud obtained Sh 600,000 in cash from Abdi Ali by falsely pretending that they were in a position to secure employment for is daughter Faria Abdi at KNH.

They were also charged in the second count, with obtaining a total sum of SH 3,550,000 in cash from Abdi Ali  by falsely pretending that they were in a position to assist him to procure drugs and sell to Juba, Southern Sudan ,a fact they knew was untrue.

They are also charged with conspiracy to defraud against the law.

The victim Abdi Ali is being represented in court by lawyer Mohamed Farar who is watching his brief.

Purity and Erick are charged that on diverse dates between July 2021 and September 29,2021 in Nairobi City within Nairobi County, they defrauded Abdi of Sh 600,000 by pretending that they will secure his daughter a job at Kenyatta National Hospital.

They are facing a last count of conspiracy to defraud Abdi of Sh 3,550,000 in cash on false pretense that they were in a position to secure employment for his daughter Faria Abdi, knowing it was false.

The accused person denied all the charges and he was released on a bond of Ksh 2m with an alternative cash bail of Ksh 1m.

The matter is being heard before Senior Principle magistrate Dolphina Alego and the next hearing will be on June 28/2023.

CCTV footage displaying former Tetu Member of Parliament James Gethenji assaulting a security guard has been produced in court.

When the parties appeared before Milimani Senior Principal Magistrate Dolphina Alego for the hearing of the case, the court was taken through the events that took place on February 5,2021.

Images and Videos Forensic Examiner Samson Otieno played  the CCTV videos  disclosing  how the security guard Godfrey Kirimi was assaulted.

“The video clearly shows that the accused also pushed a police officer in uniform who is also part of the security team of the estate,” added Otieno.

It was his testimony that the man seen in the videos assaulting Kirimi is the one who was in court yesterday.

Otieno said that on the day of the incident, a vehicle made by Toyota Vanguard approached the main entrance of Kihingo village with the front seat fully occupied.

The movements were captured by the CCTV cameras installed in that esate.The co-driver is seen approaching the security guard and assaulting him by slapping him. A commotion ensues and a security officer armed with a rifle also responds to that incident, he is pushed by the accused also.

The accused holds a brief conversation with them and he is back in his car and they enter the estate.

Otieno was cross-examined by Gethenji’s lawyer Churchill Otieno who asked him whether he knew it was the accused who installed those cameras.

He said he does not know. He was asked to clarify on several issues which he did.

Another witness who was to testify was unwell and therefore the  matter was adjourned to July 20,2023.

Gethenji was charged afresh in November 2021 with assaulting Kirimi.

He  is embroiled in a bitter row with his sibling over an upmarket city estate and  is said to have assaulted a guard at Kihingo Village in Kitisuru, Westland’s Sub-County on February 5, 2021.

Pastor Ezekiel Odero of New Life and Prayer Centre has once again moved to the Communications and Multimedia appeals tribunal over suspension of his TV Broadcast.

Through his lawyer Danstan Omari, Ezekiel has appealed against the decision by the Communications Authority of Kenya(CAK) to suspend TV broadcast License issued to New Life Ministry.

He says that he is being aggrieved by the decision of Ezra Chiloba, the director for CAk to suspend the broadcast license issued to World Evangelism TV.

He is appealing against the whole decision.

Ezekiel says that Chiloba erred in law and in fact when after dispatching the letter dispatched directly to him, outlining various allegations pertaining to his television station failed to afford him an opportunity to be heard and refute these allegations in accordance with the hallowed principles of natural justice.

“Chiloba erred in law and in fact when he abruptly suspended World Evangelism Tv Broadcast License despite having explicitly granted the Appellants a 45-day grace period to adhere to the stipulated regulations and rectify any deficiencies within their establishment, “added Ezekiel in his affidavit.

He added that Chiloba erred in law and in fact by failing to restore World Evangelism Tv broadcasting license despite the Appellants having compiled and written to demonstrate compliance with all set rules and norms making the current suspension an arbitrary and unfair measure that lacks any justifiable rationale.

The Pastor says that the Honorable Director General of the Respondent erred in law and in fact by denying him the chance to exercise his right to defend himself, as the Respondent opted to suspend their broadcasting license without affording them due process.

He terms the act as unwarranted suspension and a clear manifestation of unfairness, represents a draconian measure, and flagrantly contravenes the Appellant’s entitlement to fair administrative action and a fair hearing.

Ezekiel wants the court to set aside those orders and to reinstate his broadcasting.

City lawyer Danstan Omari has denied remarks made by National Assembly Majority Leader Kimani Ichung’wah claiming that he has withdrawn a case filed against him.

Milimani Commercial Magistrate Caroline Cheptoo has ordered Ichung’wa to be served with the application and appear before the court within 15 days, further setting the matter for mention on June 23, 2023.“Upon considering the application; it is hereby ordered that the application is NOT Certified Urgent and that the application be heard inter Partes on 23/6/2023 given under my hand and seal of the Honourable court this 28/4/2023,” read the documents.

Omari sued Kikuyu MP Kimani Ichung’wah seeking Sh11 million in damages for allegedly saying he frequents the infamous Koinange Street.

He took Ichungwa to court for tweeting that he is known along the infamous street.The advocate through his lawyer Brian Mabeya had written a demand letter to Ichung’wah giving him seven days to retract and apologise but he refused.

A woman and a pastor found guilty of forging a signature of a tycoon who died in 2018 have been sentenced to one and half years or pay a fine of Sh 200,000.

Appearing for sentencing before Milimani Magistrate Ben Mark, Marilyn Mercy Wanjiru and Christopher Mutira of International Pentecostal Holiness Church Africa, based in Nairobi’s Ngara Estate were sentenced to one year imprisonment.

They were charged with attempting to obtain a marriage certificate with plans to take over a multimillion-shilling estate on July 27, 2018.

Marilyn Mercy Wanjiru, a mother of two, was found guilty in February 2023 of forging the papers alleging between her and Kwanwaljit Singh Chadda, who died of a heart attack intestate were married.

Mutira was implicated in the matter after claiming that he solemnized the marriage between Ms Wanjiru and Mr Chadda.

Other than a house in Ngara, where Mr Chadda lived, Ms Wanjiru listed a motor vehicle, two plots in Nairobi, a 7.5 acre parcel of land in Shimoni, Kwale County and Treasury bonds held at Absa Bank.

She has also listed shares in Britam, Co-op Bank, Diamond Trust Bank Housing Finance Company of Kenya, KCB Bank, Kenya Electricity Generating Company (KenGen), Safaricom, Total Kenya, Old Mutual and Absa, which was worth Sh5 million as of December 2018.

The family of Mr Chadda led by his brother Parminder Singh claim that their kin was not married and never had a girlfriend.

Milimani principal magistrate B. M. Ekhubi had ruled that the marriage certificate was forged for certain benefits and that the woman and the man of the cloth had a motive and an opportunity by presenting forged documents to the Registrar of Marriages.

The magistrate said Ms Wanjiru was pursuing a succession case, pending before the High Court, involving the estate of Mr Chadda and the certificate would strengthen her case.

The woman already petitioned to be granted letters to administer Mr Chadda’s estate but Mr Parminder challenged it and also filed a complaint at the Directorate of Criminal Investigations (DCI) over the forged certificate.

Ms Wanjiru listed her son and daughter aged 28 and 26, respectively and herself as surviving beneficiaries of the estate and that he died aged 76 without a will.

Mr Parminder had in 2019 asked the court to compel Ms Wanjiru to deposit all the money she allegedly collected from Mr Chadda’s properties in court.

The application was, however, rejected by Justice Stella Mutuku in a ruling made on November 23, 2021.

Ms Wanjiru claimed he first met Mr Chadda in 1989 at Parklands when she was 19 years.
They allegedly parted ways and later reunited in 1999 and started cohabiting in 2013 until his death

A manager and founder of Rubi Foundation has been charged at Milimani Law Courts with obtaining goods worth Sh 9.7Million while pretending that she would pay.

Rubi William Moss appeared before magistrate Lucas Onyina and denied the charges.

The court was informed that on diverse dates between December 21 and December 23,2022 at Industrial area Within Nairobi County jointly with others not before the court, being the president manager and founder of Rubi foundation with intent to defraud, obtained from Grainora limited 5000 bales of 2kg maize flour valued at Sh 9,750,000 y falsely pretending she was in a position to pay knowing it was not true.

She pleaded with the court to be released on favorable bond terms saying that the complainant is a friend to her brother.

She was released on Sh 500,000 cash bail.

Kenya Magistrates and Judges Association(KMJA) members now wants to have their security enhanced following the demise of a clerk of Migori High Court.

Led by their President Derrick Kuto, the group wants President Ruto to intervene in this matter after the case of Ms Phoebe Auma who until her death was stationed at Migori Law Courts.

According to the reports Ms Auma was shot dead by an unknown gunman while being carried on a motorcycle.

“It is for this reason that KMJA calls upon the relevant agencies to treat this matter as an emergency and address the dire security situation of our members, “added Kuto.

The Union has at the same time conveyed their sincere condolences to the family of their departed sister.

Kuto says that the tragic incident comes at the time when the security situation for Hon Judges, Magistrates, Kadhis and Judicial staff is alarmingly bad. He added that the work that their members do exposes them to a lot of risks.

“The incident is just the tip of an Iceberg. As an Institution, we have been hit severely by such incidents which have led to loss of lives to officers, their friends and close family members. Many have survived only by the grace of God; some have even resigned for fear of their lives,” added Kuto.

Kuto while addressing the Press said that these incidents have been reported to the Association countless number of times and they have discussed with the relevant authorities including DCI but despite this the situation continues to escalate.

Phoebe Auma, 50, was being ferried to the court by the rider when they were attacked, witnesses and police said.

The incident happened Friday morning and it seems the gunman knew about the woman’s movements.

 Police believe she was targeted probably because of her work.

The gunman was wearing a facemask at the time of the attack.

According to witnesses, the gunman accosted Auma and her rider when they slowed down from Gogo village to join the busy Kisii-Migori highway.

The gunman was riding a motorbike with a concealed number plate at the time of the incident.