Court News

A Nairobi court has sentenced to 5 years a man accused of throwing his 20-year-old girlfriend he met on Facebook from a 12th floor building to the 9th floor.Easther Kimilu, the principal magistrate in Milimani, sentenced Moses Gatama Njoroge on one count of causing grievous harm.While convicting the accused, the magistrate stated that the victim suffered serious injuries. The magistrate stated that medical records outlined the injuries inflicted on the victim, which were admitted as evidence in court.”The victim suffered fractures, was immobilized for a few months, and couldn’t stand without crutches when she gave her testimony,” Kimilu explained.The magistrate noted that the complainant had been chatting with the accused on Facebook, and that the fateful day was their first physical meeting.The court observed that they had lunch at the accused’s office, which they had purchased from a food outlet, and that the accused had some alcoholic drink that they had purchased together before he became violent.”He kept hitting her face with his fist, forcing her to put on shoes that the accused would repeatedly remove,” Kimilu said.According to the lengthy judgment, the lady victim decided to leave, but the accused continued to assault her, eventually pushing her through a window on the 12th floor and landing on the 9th floor balcony.While convicting the accused, Kimilu stated that the accused had no justification to assault the complainant, even if she was drunk and unable to walk. Kimilu also stated that the accused made no attempt to hire an uber for the complainant.The accused’s defense was rejected by the court because he did not challenge the evidence on record and did not mention that the complainant threw herself from the 12th to 9th floor during arrest, and that his defense was an afterthought.In mitigation, the convicted pleaded for mercy, claiming that he was young and had only recently begun his career as an ICT expert at the time of the offense.Prior to sentencing on December 1st, 2022, the court requested a victim impact report and a pre-sentencing report.

Court frees two activists charged with taking part in unlawful demonstration

Today before Magistrate Susan Shitumbi at Milimani Law courts, the office of the directorate of public prosecution moved the court with a lobby to withdraw charges against two activists.

Davis Mulandi Malombe and Julius Kamau Kimani were charged in 2019 with taking part in unlawful assembly contrary to the Law.

According to the charges submitted in court in 2019, the two activists were arrested on June 19,2019 at Freedom Corner along Kenyatta Avenue in Nairobi attending an unlawful demonstration.

They were also charged with rioting after proclamation having been made commanding persons engaged in a riot to disperse at the expiration of a reasonable time.

At the time of arraignment, the two denied particulars of the charges.

The prosecution informed the court that they had received instruction to withdraw the charges against the accused persons.

Rashid Hassan Ahmed, a police officer, linked to the murder of two youths in Eastleigh has moved to the High Court to stop his prosecution at the lower court.

He was backed by Key Eastleigh Businessmen who said that he has been of great help in fighting gangsters at the Area.

Through lawyer Danstan Omari, Rashid who is a police officer currently attached to Starehe Division, Nairobi County said that IPOA has received summons against him to attend court and take plea on December 8, 2022.

The alleged offense is said to have been committed on March 31,2017at Amal Plaza within Eastleigh.

He claims that he is living in fear that he shall be presented to court while flaunting his rights to administrative action that is reasonably feared.

“My client wants the court to come to his aid because IPOA is not acting in good faith and have a bad motive in their decision to charge him as he has never been summoned to give any account on the allegations over which IPOA obtained the summons and they want to fix him without any lawful basis, “added Omari.

He says that if he will be charged with Murder his rights will be violated.

Rashid is seeking orders restraining DPP and IG from commencing any criminal proceedings in relation to the murder of the two youths.

“We request the court to suspend the intended criminal proceedings against Rashid pending the hearing and determination of the matter before the court, “added Omari.

Rashid is arguably the most feared in Nairobi’s sprawling Eastleigh and Mathare neighborhoods.

He claims that he was trailing the robbers during the time of incident who had robbed innocent Kenyans.

Former State House digital director Dennis Itumbi has informed the court that he will call Cabinet Secretaries,Members of Paliaments and Key Governement Officials next year in his defence on Assassination case.

Appearing before Magistrate Susan Shitubi of Milimani Law Courts,through lawyer for second accused Majimbo he said he will play the videos clips that were recorderd on the day of incident indicationg how the former government officers were planning to Assasinate President William Ruto.

“The vedeos that I will play in court indicates how Former  Interior PS Karanja Kibicho plaaned to Assasinate Ruto,”says Itumbi while addressing Press.

Magistrate Shitubi has ordered the ICT department of the Courts to prepare and facilitate the vedeo show on March 20,2023 when they are expected to be played.

Itumbi says he will bring over 20 government officials to defend him in his alleged President William Ruto assassination letter case.

The court has also allowed him to produce videos of the alleged meeting to assassinate President Ruto.

The State official told the court that he has several witnesses who are government officials

“We had agreed that we take out today’s date because we shall be calling witnesses and five of them are senators, three CS’s,14 MPs, five former MPs, five parastatals who attended the La Mada meeting, we pray for a non-parliamentary day so that we can avail our witnesses”, Itumbi told court.

He asked court that today’s date be taken out for those reasons.

The court directed that the case be heard on March 20 next year when the government officials are set to appear in court.

Itumbi has a case to answer over a fake letter alleging a plot to assassinate Ruto.

Early this year, Itumbi through his lawyer Katwa Kigen and Majimbo Georgiadis, hesaid he had intended to move to the constitutional court and seek to stop his case.

“Your honour, we made an application for typed proceedings before my client can defend himself because we want to challenge the criminal proceedings before the High court,” Majimbo told the court.

He added that it has been a challenge getting the typed proceedings since late last year, which makes it hard to apply to the High court.

The prosecution counsel Alice Mathangani, however, indicated that the process of typing the criminal proceedings has indeed taken too long due to high demand.

In January, Itumbi failed to appear in court for a mention of his case, saying he was still sick.

Through his lawyer, the court was told that he was still sick and recovering following a kidnap in December that left him with injuries.

“It is true we have furnished a discharge summary for the 1st accused. We thereby pray for his attendance today to be dispensed with,” the lawyer said.

The case before magistrate Shitubi was to confirm whether Itumbi had been supplied with court proceedings before he defends himself.

Itumbi and his co-accused Samwel Gateri were on September 2021 found to have a case to answer in the fake DP Ruto assassination letter.

Milimani Chief Magistrate Martha Mutuku had ruled that the two will have to defend themselves against the charges after the prosecution closed its case.

“Having analysed the evidence before the court, I find that the prosecution has proved the case beyond a reasonable doubt to warrant the accused to be placed on their defence,” the magistrate ruled.

Itumbi had urged the court to find that he had no case to answer for lack of evidence and acquit him of three charges of making false documents, publishing false documents and reprogramming a phone.

“That the prosecution has not made out a case, which the court can be interested in his defence,” he said.

He argued that the charge of making a false document under Section 66 of the Penal Code is unconstitutional following a High Court decision in the case of blogger Cyprian Nyakundi.

Itumbi averred that deletion of messages does not amount to reprogramming a phone as alleged in court by the state.

“No credible, consistent and viable evidence and exhibits have been presented to make a sufficient case for Itumbi to answer,” Katwa informed the court.

In the case, the prosecution, through Anderson Gikunda, called eight witnesses to prove the charges against Itumbi and his co-accused blogger Gateri.

Katwa argued that the forensic report that was supposed to prove, demonstrate and establish the three charges did not allege the accused committed any of the crimes.

According to the charge sheet, the two, on or before June 20, 2019, published a letter dated May 30, 2019, with the intent to cause anxiety to the general public.

Nine police officers have appealed to the Inspectors General of police to ensure a court order requiring them to undergo DNA examination is obeyed.
The officers who are in police custody for 32days now say no investigation has commenced to establish who abducted two Indians and a Kenyans whose bodies were found at the Aberdare mountain.
The officers through their lawyers Danstan Omari and Omayio Aranga told journalists at milimani law courts that theres is an attempt to have them taken to Government chemist for DNA test contrary to order issued by chief magistrate court.
The lawyers argued that any attempt to have the officers forcefully removed from police custody will be contrary and will amount to abuse of power.
Their case with mentioned on December 1st 2022 to confirm the extent of investigation.
They ini st that they were not involved in abduction and that they will not involve anyone

A petition challenging the Victory of Member of National Assembly for West Mugirango Constituency Stephen Mogaka has been dismissed.

It was filed by Edwin Nyakundi claiming that the elections held on August 9, 2022 in West Mugirango Constituency were not conducted in accordance with the constitution of Kenya.

He added that Mogaka and his supporters committed Multiple Election Offenses and Malpractices which deprived the election in the constituency of the fundamental Constitutional and Statutory requirements of freeness and fairness.

“IEBC and Returning officers conducted the election in a manner substantially inconsistent with the Provisions of the Constitution and written laws and the provisions of the Elections laws,” added Nyakundi.

But another one filed by petition Ong’era Rogers Moturi is still pending in court.

Rogers had placed Independent Electoral and Boundaries Commission (IEBC), Returning Officer among other officials as the respondents.

But Mogaka has dismissed those allegations.

A Key businessman Chris Obure, charged with being in possession of firearm without license has been set free for lack of evidence.

Milimani Senior Principal Magistrate Bernard Ochoi on Tuesday November 15,2022 freed Obure saying that the prosecution failed to prove beyond reasonable doubt the two criminal charges against him.

However, magistrate Ochoi ruled that Obure’s personal assistant Robert Ouko has a case to answer after the prosecution successful pinned him to the crime scene at Senteu Plaza where the firearm in question was used to murder Kevin Omwenga on August 21,2020.

In the case,Obure had been accused that on August 20 at Senteu Plaza while Obure being a licensed firearm holder allowed his firearm to be used by Ouko to commit murder.

Ouko on his part is charged with being in possession of firearm and ammunition which was used to commit murder without a firearm certificate.

The offence is said to have been committed on August 2 at Colana Suites, House along Colana road in Kilimani area, Nairobi.

However Obure is not of the hook since he is also facing murder charges at the High Court. The duo are charged with murdering Omwenga

John Nderitu Gichuki appeared before magistrate Bernard Ochoi and denied three counts of obtaining money by false pretenses, and fraudulent disposal of mortgaged goods against the law.

They were charged on diverse dates between December 12, 2021 and December 14, 2021, with intent to defraud, obtained Sh 3,200,000 from Elizabeth Chepkosgei Cheruiyot by falsely pretending that he was in a position to sell her and Michael Karanja a motor vehicle make Mitsubishi Fuso, knowing it was untrue.

He was also charged that with obtaining Sh 800,000 from Karanja by pretending that he would sell him a Mitsubishi Fuso against the law.

In the third count, Nderitu was charged of disposing mortgaged vehicle without consent of Mortgagee.

Through his lawyer Ngenga, the accused has cooperated with the prosecution.

He was released on Sh 1Million Bond or a cash bail of Sh 500,000.