Court News

The ODPP will appeal against the ruling of Hon.Ogoti delivered today acquitting all accused persons in the case of the former governor of Nairobi and others. The court acquitted on the basis that the charge sheet was defective, and not on the merits and substance of the case. The prosecution called a total of 19 witnesses and produced 113 documentary exhibits in support of its case and closed its case on 27th July 2022. The former Governor of Nairobi was charged alongside others with the offence of conspiracy to commit an offence of Corruption, Conflict of Interest, Money Laundering and Acquisition of Proceeds of Crime

Musyoki Mogaka & CO Advocates law firm has written a letter to the President of the Republic of Kenya Dr. William Samoei Ruto to Intervene on matters National Security and the arrest of Police Officer Rashid Ahmed.

The firm wants Ruto’s Council to help solve rapid insecurities that have occasioned citizens of the republic of Kenya.

The firm through lawyer Danstan Omari has cited a recent case where Police Officer Rashid Ahmed who is yet to be charged with murder.

He says that IPOA,the body supposed to exercise oversight ,is abusing their power and on mission to ensure that police officers are arrested and charged albeit discharging their mandate lawfully.

“IPOA moved to the high court on December 8, 2022 and obtained summons to have Rashid charged with murder while he was discharging his duties in his official capacity, “says Omari.

Omari says they obtained an order suspending the plea taking till January 26, 2023 where the court will make directions.

He says that the National Police Service is mandated to maintain law and order within the country, however, in the recent past, it is likely that the police officers are fearful that in their discharge of official function: they may be discriminatively be subjected to dire consequences.

“This poses a serious threat to matters of National Security as crime rates have now spiked upwards; It would be against public interest if the police officers are arrested as a result of maintaining law and order, “added Omari in the letter dated December 19, 2022.

Omari says that the people of Pangani accompanied Rashid to court saying that he had maintained law and order in the area.

The lawyer wants the president to intervene saying that Civil Societies and IPOA are sourcing for donations from foreigners at the detriment of policemen which in turn is demoralizing policemen such as the likes of their clients from discharging their function in a way that protects the ordinary mwananchi.

“We are therefore hopeful that your able council will intervene on this matter speedily as an issue of National Security, “added Omari.

Mr Rashid, a sergeant attached to Pangani Police station has for years run one of the most untouchable and feared crack units in Kenya accused of carrying out extra-judicial killings in Eastleigh, Pangani and Mathare slums without any consequences.

On November 30, 2022, Rashid moved to court through lawyer Omari seeking protection from prosecutors and the civil society over the alleged extra-judicial killings.

He wanted to be granted an order stopping his planned prosecution that is scheduled to commence next week December 8 over the alleged murder of the two teen boys.

In court documents, during the alleged shooting of the pair he was “operating in the line of duty and in self defence”.

He says the decision by the Independent Police Oversight Authority to summon him to answer the charges, six years after the incident, is based on a bad motive and a “well-choreographed plan to fix him without any lawful basis”. 

He claims that IPOA is not acting in good faith and has a bad motive in their decision as he has never been summoned to give his account on the alleged executions.

On December 2, 2022, Court stopped his prosecution after serious legal battles by lawyer Omari, who was also supported by Eastley Business Community.

In March 2017, the feared cop hit news headlines after he was identified as the plain clothes police officer who shot and killed two men who were unarmed in broad daylight.

The incident was captured in an amateur video that made the rounds on social media, leading to the identification of the shooter. 

He was then a corporal and gave an interview to an international media house, saying that the mandate of the police was to deal with criminals and they should always get hold of them dead or alive.

“We have to get them whether alive or dead. That one does not have any compromise about it (sic),” he told the media in an interview.

Two officials of a Women Group accused of defrauding Kenyans over Sh 300M have been released on Sh 5M bond or a cash bail of Sh 3M each.

Magistrate Wendy Micheni while releasing them ordered that they also deposit their passports in court.

The two Mary Ndunge Mutuku and Mary Wanjiku Ndung’u pleaded not guilty to 16 counts of forgery and obtaining money by false pretenses.

They are being represented by lawyer Geoffrey Omenke and Robert Aswani who fought for their release on bail as prosecution had objected it.

The prosecution had opposed their release saying they had been a flight risk and they kept on changing their place of residence and phone numbers.

They wanted the court to deny them bail or set them free on strict measures.

They were charged that in the period between the year 2015 and 2022 in Nairobi County w3ith others not before court, conspired to defraud Michael Kariuki and Salome Wanjiru Kariuki a sum of Sh 87,742,000 by falsely pretending that they were in a position to sell them houses at West Park Police estate knowing it was untrue.

They faced 15 more counts where they are accused of defrauding different people by forging documents uttering them to the suspects claiming that they are from the Ministry of Labour Social Security and services.

The two are being accused of obtaining millions of shillings from unsuspecting city residents under false pretenses of selling them houses at an estate they developed near Wilson Airport, within Langata area, Nairobi.

Through their Lawyers Robert Aswani and Geoffrey Omenke, the accused pleaded with the court to be released on favorable bond terms saying that they are not a flight risk because they have a fixed place of abode.

The defense said that the accused were arrested before the investigations were concluded which is a violation of their rights.

Musyoki Mogaka & CO Advocates law firm has written a letter to the President of the Republic of Kenya Dr. William Samoei Ruto to Intervene on matters National Security and the arrest of Police Officer Rashid Ahmed.

The firm wants Ruto’s Council to help solve rapid insecurities that have occasioned citizens of the republic of Kenya.

The firm through lawyer Danstan Omari has cited recent case where Police Officer Rashid Ahmed who is yet to be charged with murder.

He says that IPOA,the body supposed to exercise oversight ,is abusing their power and on mission to ensure that police officers are arrested and charged albeit discharging their mandate lawfully.

“IPOA moved to the high court on December 8, 2022 and obtained summons to have Rashid charged with murder while he was discharging his duties in his official capacity, “says Omari.

Omari says they obtained an order suspending the plea taking till January 26, 2023 where the court will make directions.

He says that the National Police Service is mandated to maintain law and order within the country, however, in the recent past, it is likely that the police officers are fearful that in their discharge of official function: they may be discriminatively be subjected to dire consequences.

“This poses a serious threat to matters of National Security as crime rates have now spiked upwards, It would be against public interest if the police officers are arrested as a result of maintaining law and order, “added Omari in the letter dated December 19, 2022.

Omari says that the people of Pangani accompanied Rashid to court saying that he had maintained law and order in the area.

The lawyer wants the president to intervene saying that Civil Societies and IPOA are sourcing for donations from foreigners at the detriment of policemen which in turn is demoralizing policemen such as the likes of their clients from discharging their function in a way that protects the ordinary mwananchi.

“We are therefore hopeful that your able council will intervene on this matter speedily as an issue of National Security, “added Omari.

The petition that was filed at Kiambu Law courts by Trade CS Moses Kuria’s younger brother challenging the Victory of Parliament for Juja Constituency George Koimburi Ndung’u has been withdrawn.

It has been withdrwan by High Court Kiambu before Judge Roselyn Wendo who allowed Aloise Kinyanjui’s application to have it dropped.

Kinyanjui Kuria had filed the petition on November 29,2022 to challenge the victory of Koimburi.

Through his lawyer Geoffrey Omenke,Kinyanjui had sought permission from the court to withdraw the petition saying that a consent was entered between him and the respondents in the suit.

file photo.

The respondents were Koimburi, IEBC and Juja Constituency returning office.

“The cohesion for the people of Juja to allow for healing of the losing side and development are some of the grounds as to why I want to withdraw this petition,” added Aloise.

He wanted  a court to set a date for the hearing of her application to withdraw the suit.

The businessman made the application for withdrawal after reaching consent with Koimburi of the UDA party who won the Juja parliamentary seat after garnering 39,413 votes.

“The petitioner applies for leave to withdraw the petition upon consent was entered between the petitioner and the respondents,” Court papers read.

Justice Wendo directed that the withdrawal order be gazetted.

A Nairobi court has deferred plea against police officer Rashid Ahmed Hassan who is expected to be charged with murder.
Through his lawyer Danstan Omari, the suspect requested for a deferral of plea taking saying that the National Police Service is under Attack by the civil societies.
He added judge agreed with them and differed a plea to January 26/2022 saying that civil societies and IPOA are seeking to raise money in expense of the security of the Kenyans.
“We are heading to the end of the year and charismas period where many people will require security, “added Omari.
East Leigh Business Community said that they want justice for Rashid who has been doing good work in offering them security.
“The robbers that Rashid was dealing with were not only robbing but killing innocent people and us as business community we were threatened, ‘added Mohammed one of the Business Community member.
At the same time Many Activists from Eastleigh protested outside Milimani law court after the plea taking was deferred.
Independent Police Oversight Authority (IPOA) issued a statement saying the DPP had approved murder charges against him.
“Away with rogue police officers,” read the placard.

Rashid is alleged to have murdered Jamal Mohamed and Mohamed Dahir Kheri following a shooting which occurred at Eastleigh, Nairobi County on March 31, 2017.
On November 30, 2022 Rashid Ahmed Hassan filed an application seeking to have the DPP review murder charges against him.
The IPOA had summoned him to appear in court and enter a plea today.

A Civil Society group has moved to court seeking to suspend the disbursement of the hustler funds pending the hearing and determination of their application.

The group dubbed ‘Linda Ugatuzi’ and led by Professor from L-R: Stanslous Alusiola, Professor Fred Ogolla and Dennis Wendo from the Integrated Development Network says that the current government has violated the law by releasing the financial Inclusion Fund popularly known as the hustler Fund.

They say that this money was meant for contingency needs. This means it is money which should be used on citizens when they are in dire need.

“There is no obligation of giving it back and no one should pay until this case is heard and determined, “added Okello.

They say that the President of Kenya Hon William Ruto had promised during campaigns that if elected, he would ensure the provision of the hustler fund.

After assuming office, he has illegally sought to fulfill some of his campaign promises which included the formation of the said fund.

“What is illegal about this fund is that the government lends you money with interest and there is no office to visit if the deal goes wrong, “added Okello.

He claims that a Kenyan is being informed that they will be pensioners but are not informed when they want to claim their money where they would go.

Okello also contends that there are no bank accounts for Kenyans and there is no board for accountability and guarantee of continuity of the fund.

“Parliament has not been involved nor has the cabinet’s approval sought as to how the funds should be structured, “he added.

They say that there is hunger in the country and the government is allowed to take up a 10 Billion Constituency fund. But the government has taken 50 Billion to lend to Kenyans on empty stomach and leave them in more debts.

The applicants have raised over 15 concerns which they want the court to address that include the manner in which the fund operates as it has no known established office or entity.

Wendo on the other hand has said that Kenyans are being forced into forced savings without a defined interest rate.

“There was no competitiveness in choosing institutions like Safaricom, KBC etc,”he added.

The group is also raising questions as to when was the public appropriation for the allocation of the funds done.

They say that Kenyans Mpesa Pins are taken which makes it easy for them to be defrauded of other sources of funds.

“Technology platform vender is not closed, contrary to the Public Procurement and Disposal Act. Consequently, there is a big risk and data breach, ’added Wendo.

Trade CS Moses Kuria’s younger brother now wants to withdraw an election petition against the Member of Parliament for Juja Constituency George Koimburi Ndung’u.

Aloise Kinyanjui Kuria through lawyer Geoffrey Omenke had filed the petition on November 29,2022 to challenge the victory of Koimburi.

He has sought permission from the court to withdraw the petition saying that a consent was entered between him and the respondents in the suit.

The respondents were Koimburi, IEBC and Juja Constituency returning office.

“The cohesion for the people of Juja to allow for healing of losing side and development are some of the grounds as to why I want to withdraw this petition,” added Aloise.

He wanted  a court to set a date for the hearing of her application to withdraw the suit.

The matter was filed at the High Court Kiambu before Judge Roselyn Wendo.

The businessman made the application for withdrawal after reaching consent with Koimburi of the UDA party who won the Juja parliamentary seat after garnering 39,413 votes.

“The petitioner applies for leave to withdraw the petition upon consent was entered between the petitioner and the respondents,” said Omenke in court documents.

A former OCS at Dandora Police Station has been Charged at a Nairobi Court with Sexual Assault offenses against the law.

Samir Adhuman Yunus appeared before Milimani Magistrate Wendy Micheni and denied one count of abuse of position of Authority Against the sexual offenses Act.

He was charged that on June 15,2019 at Dandora Police Station Within Nairobi County, being an Officer Commanding Station(OCS)at the above station, he took advantage of his position of Authority and had sexual intercourse with JM within the limits of Dandora Police Station.

Yunus was arrested on Monday amid allegations of abusing male and female officers and was detained at Capitol Hill Police Station.

There have been complaints from other officers in Dandora and Kamukunji police stations that he similarly used his position to harass them.

Through his lawyer Kimani Wachira,Samir pleaded with the court to be released on favorable bond terms saying that he is a family man.

“My client is a senior is in service and therefore not a flight risk, “added lawyer Kimani.

He was released on a cash bail of Ksh.200,000 or a bond of Ksh.500,000.