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MAN WHO PUSHED WOMAN FROM CITY BUILDING TO COOL HIS HEELS IN PRISON FOR FIVE YEARS.

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ITC expert Moses Gatama Njoroge after he was jailed for five years./PHOTO BY S.A.N.

BY SAM ALFAN.

An ICT expert who threw a 20-year-old woman he had met on Facebook from the twelfth floor of a building in Nairobi has been sentenced to.five years in jail.

Milimani Senior Principal magistrate Esther Kimilu sentenced Moses Gatama Njoroge to serve five years in prison after finding him guilty of the offence of causing grievous harm.

“The victim was immobilised for a couple of months and could not stand without crutches at the time she was giving her testimony,” said Kimilu.

The magistrate said the victim had suffered serious injuries.She cited medical records that outlined the complainant’s injuries inflicted.

Eunice Wangari Wakimbi suffered serious pelvic injuries on September 13,2020 at Ambank House, Nairobi.

The magistrate noted that the victim suffered serious injuries and evidence had been adduced and all the essential ingredients of the offense had been proven beyond reasonable doubt.

In his mitigation, Njoroge pleaded for leniency and asked for a non-custodial sentence saying he was a young man who had just started his career as an ICT expert during the said incident.

He said he was perturbed by the case and needed counseling.

While defending himself Njoroge had claimed that the victim threatened to jump out of the window. He shortly heard screams and found the victim lying on the 9th floor.

During evidence in chief the complainant testified that Njoroge and her had been chatting on Facebook and on the said fateful day, decided to meet physically for the first time.

The victim told the court that Njoroge had invited her to Ambank House on the 12th floor in Nairobi’s Central Business District.

As the two were imbibing an alcoholic drink, she rebuffed his sexual advances, angering him leading to the fight that saw her being thrown from a window on the 12th floor of the Ambank House.

“The victim suffered fractures, she was immobilized for a couple of months and could not stand without crutches at the time she was giving her testimony,” said the Magistrate.

The Kimilu noted that the medical records outlined the injuries inflicted on the victim and the same was admitted as evidence in the court.

She noted that the two had lunch at the Njoroge’s office which had been purchased from a food outlet, and thereafter, Njoroge took some alcoholic drink which they had bought together before he turned violent.

According to the trial court, he kept on hitting her face with his fist forcing her to put on shoes which the accused would remove then hit her again and again,” noted the Magistrate.The Magistrate observed that the lady decided to leave but Njoroge continued to assault her and eventually pushed her through the window of the 12th floor.

“The accused had no justification to assault the complainant even if she was drunk and not able to walk, he did not demonstrate any effort to hire an uber for the victim as he had responsibility to ensure her safety having invited her for a date,” noted the Magistrate.

NGCDF CASE TO WAIT LONGER AS FILE GOES BACK TO CJ AFTER RECUSAL OF JUDGE.

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Thre Judge bench Justice Julius Ngaah,Justice Kanyi Kimondo (presiding Judge) and Justice Roseline Aburiri./PHOTO BY S.A.N.

BY SAM ALFAN.

A constitutional petition challenging the establishment of the National Government Constituency Development Fund Act has been sent back to the Chief Justice Martha Koome after one of the judges pulled out of the case.

The case, which was filed in 2016 is yet to be be heard and CJ Koome had picked Justices Kanyi Kimono, Roseline Aburili and Jairus Ngaah to hear the matter.

However, lawyers representing Parliament led by senior counsel Otiende Omollo and Peter Kaluma expressed fears that Justice Ngaah might be biased having handled another case that quashed the CDF Act.

The bench at the same time declined to join five members of Parliament who sought to be allowed to participate in the proceedings as interested parties.

The bench observed that the matter before them was filled back in 2016 and was coming up for highlighting submissions.

The judges found that In allowing the 5 members of Parliament who are also lawyers drawn from Kibwezi, Homa Bay, Gatanga, Thataka Nithi and Ainamoi constituencies, saying to allow the new parties at this juncture will delay the hearing and determination of the application.

Activist Wanjiru Gikonyo challenged the fund, which was formed after the old CDF Act was quashed by the High Court.

COHEN’S FAMILY LAWYERS WANT DETAILED REASONS OVER BID TO TERMINATE MURDER CHARGES AGAINST WIDOW.

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Sarah Wairimu Cohen, Late Tob Cohen and Tob cohen sister Gabriele Hannah van Straten.

BY SAM ALFAN.

The family of the late Dutch tycoon Tob Cohen have demanded an explanation over the withdrawal of murder charges against his widow Sarah Wairimu.

The family made the demand through their lawyers even as the Director of Public Prosecution (DPP) applied to withdraw the charge against Sarah and her co-accused wants Joseph Karanja.

This is after Director of Public Prosecution Noordin Haji informed the court he has filed a Nolle Prosequi and withdrawn the murder charge against Sarah Wairimu Kamotho and co-accused Peter Karanja.

“The DPP has directed that the matter be handled via inquest to be filed in the Chief Magistrate’s court Milimani , Nairobi. This will enable the contradictions that have affecting the proceedings of this matter to be heard in detail by all parties. In addition, this will provide an opportunity for parties to present any information that had not been explored substantially before court,” DPP Haji told the court.

Lawyers Danstan Omari and Cliff Ombeta did not oppose the withdrawal of the murder charge but demanded that the DPP to give details in writing as required by law.

“We are not opposing because the law gives the DPP the power to make this application but in equal the law demands the DPP provides reasons in writing to the victims that’s all,” Omari told the court.

The lawyers said a victim must be given reasons for entering a nolle prosequi.

“I wouldn’t matter so much in essence Justice Nyakundi pronounced himself that a victim is not a passenger for the states to just decide to charge the states decide to terminate the state decides to do the way it wants to do,” said Omari.

Omari added that there was no explanation and evidence or reasons provided to you.

 “Let them put those reasons comply with that section, give it to the victim let us respond. My Lord has this question been faced by other high courts? Omari paused the question.

Cohen family lawyer further said that the emerging jurisprudent in Kenya is the constitutional provisions on victim rights and the enactment of the victim protection act 2014 section 9 subsection 1 of the act provides that a victim has a right to be informed in advance of the evidence, the provision and the defense intends to launch.

He added that the state must be accountable and article 10 the state must be transparent and the state must be responsible the public needs to know in writing the victim needs to know in writing so that the whole world knows the reason why the states want this matter to go to impose. 

Lawyer Ombeta told Justice Daniel Ogembo that they only learnt of the decision to withdraw the charges through the social media.

He said the DPP should give reasons in writing so that they can respond otherwise the termination was not being done in good faith.

It was his submission that the public and the victim have to know in writing so that everyone can know why the DPP wants the matter to go to inquest.

Lawyer Cliff Ombeta told Justice Ogemba that article 157 is quite clear and when the DPP is exercising that power under the constitution he’s expected to be acting in good faith. 

He said there was no information given to the victim at any particular stage on how this matter was considered and how this matter was arrived at to make that conclusion. 

“My Lord and this is quite clear had it not been that we saw this on social media we would not have known it would have been water under the bridge,” Ombeta told the Judge.

Lawyer Ombeta questioned why the victim were not informed about prosecution decision to withdraw the murder charge against the two accused persons .

“Why were the victims not informed directly or indirectly through their lawyers? Or directly about it. This matter having been then written on the 29th to the court you will see clearly that it denies the victim an opportunity to be able to say something. It is not even 24hours, how do the victims digest this how do they respond how do they even start when they have no reason given quite clearly this cannot be in good faith,” Ombeta told the Judge. 

Ombeta opposed application by Sarah Kamotho lawyer to handover the house to her adding that the crime scene remains a crime scene whether there is a trial or an quest.

“A crime scene still remains to be a crime scene and if what was preserved is still there then allowing an accused person to go back to that place there is a risk. Does the prosecution or the DPP realize this? I hope they will respond about it and we are not talking about ownership it is still a crime scene whether it belongs to the accused person or the family, the family is not going there and the accused person should not go there,” said Ombeta.

Lawyer Ombeta added that when the state realized they had come to know about the matter, they verbally created reasons for withdrawal as opposed to doing so in writing to all parties involved.

“It now became a crash programme for the state as a remedy. It became an ambush for the family. Had it not been for social media, we would not have known about it,” submitted lawyer Ombeta.

Why was the state being secretive about it? Why were counsels not informed and the victims? Ombeta questioned adding that prosecution move reeks of bad faith.

Ombeta submitted that justice not only goes to the accused person but also to the victims.

Sarah Wairimu’s lawyer Philip Murgor did not opposed the move by the state.

Murgor said that many cases were filed on the promise and undertaking of DCI George Kinoti to avail evidence.

He told the court that he wrote more than six letters to the investigating officer and DPP calling for independent investigations.

He accused former DCI boss George Kinoti of tapping phones of defense counsels and judges handling the matter because they did not have any evidence.

Murgor asked the court to order the police to hand the matrimonial home which is the scene of crime, to Sarah Wairimu.

He also asked the court to order refund of cash bail she had deposited, her passport and her dog which was taken to Kenya Society for protection and care of animals by the police.

In response, the DPP told the court that they acted in good faith.

The court also heard that the issues of evidence raised can be canvassed at the inquest.

The DPP asked the court to allow the application and have the matter registered as inquest in the lower court.

The ruling will be delivered on December 6, 2022.

CS JUMWA FREE AT LAST AS DPP WITHDRAWS MURDER CASE.

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Public Service Cabinet Secretary Aisha Jumwa lawyer Danstan Omari speaking after Director of Public Prosecution Noordin Haji withdrew murder charges against the CS./PHOTO BY S.A.N.

BY SAM ALFAN.

Director of Public Prosecution Noordin Hajji has terminated murder charge against Public Service Cabinet Secretary Aisha Jumwa.

The withdrawal came after her lawyers Danstan Omari and Shadrack Wambui sort a review of the case after going through the evidence and the witness statement as well as ballistic report.

It was their view that there was no sufficient evidence to sustain the charge.

Omari welcomed the decision saying the CS does not own a firearm and she could not have killed Ngumbao Jola on 15th October 2019.

The DPP communucated the move when the matter came up for mention at Mombasa law court.

EASTLEIGH CRIME BUSTER SEEKS TO BLOCK MURDER CHARGES.

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Police Sergeant Rashind Ahmed lawyers Cliff Ombeta and Danstan Omari addressing court reporters at Milimani Law Courts building./PHOTO BY S.A.N.

BY SAM ALFAN.

Police Sergeant Rashid Ahmed Hassan who is accused of cold-blood murder of two robbery suspects has moved to court to block his charges.

Rashid wants the court to restrain the Director of Public Prosecution Noordin Haji, the Independent Policing Oversight Authority and the Inspector General of Police from preferring murder charges against him.

The officer through lawyer Danstan Omari and Cliff Ombeta wants the court to stop the DPP and IPOA from commencing the intended prosecution against him.

“Unless this matter is heard exparte in the first instance, the petitioner’s rights to a fair administrative action shall be violated notwithstanding the fact that the unfortunate occurrence happened over six years ago while the petitioner was operating in the line of duty and in self defense,” Omari stated.

Rashid argues that the actions and decision of the DPP and IPOA to charge him abuse of power arbitrary exercise of authority to achieve a purpose unconnected with rule of law or objective of the system of the administration of justice and he will not receive square contrary to his rights

There has been a push to have him charged with the murder of Jamal Mohamed and Mohammed Dhair Kheri whose deaths occurred on March 31, 2017 at Amal plaza within Eastleigh.

IPOA had moved to the High Court and obtained summons against Rashid to attend court and take plea on December 8, 2022 for the alleged offense.

Rashid, who is currently attached at Pangani Police Station argues that IPOA moved to court even before summoning him to appear before them for purposes of witness recording and to hear his side of the story.

“The petitioner is bewildered by the turn of events and has well founded fear that the respondents are not acting in good faith and have a bad motive in their decision thus a well choreographed to fix him without any lawful basis,” Rashid states.

He said he has never been processed nor presented before a psychiatrist for examination and has reasonable fear that he shall be arraigned to take plea for the alleged offense.

The officer claims that the two accused in a shootout with the police during a robbery at Amal Plaza in Nairobi.

He added that he and his colleagues had been trailing the two robbers who had allegedly robbed persons in the area.

Rashid claims that they recovered home made gun capable of firing, a Somali sword and knives which had been used in the robbery.

Rashid adds that the robbers who were seven in number at them and members of the public.

Rashid said that in a bid to protect lives, one robber who was carrying the homemade gun was gunned down in the heavy exchange of gunfire. One the robbers upon realizing that he was cornered tried to snatch a firearm from a police officer. In a ensuing scuffle he was shot and neutralized.

He added that a night before the incident, they had robbed Al Noor Guleed his mobile phone and over Sh200,000. They had stabbed him twice in the head and was able to possibly identify two of the killed robbers as the assailants who had attacked him. He is still under medication following the incident.

In his supporting affidavit, Rashid adds that when he was posted at the Pangani police station in the year 2015, there were several complaints from members of the public about increase of organized and violent crimes with the area. Members of public were being robbed and killed within Eastleigh Mlango Kubwa, Mathare and Pangani area.

He learnt the crimes were committed by gangs of young men and the guise of being members of outlawed gangs called superpower and Gaza.

“In the course of our work , I learnt superpower gang was a local network of the Al Shabaab and was used to conduct grenades attacks within the larger Eastleigh and Nairobi county. Through my team concerted efforts and the police command , we managed to arrest the situation by dealing and tackling the criminals who were perpetuating the crimes. We managed to put a stop to the carjacking along Juja road , reduced armed robberies and mugging,” Rashid says in his court documents.

WOMAN TEARFULLY NARRATES IN COURT HOW PS NOMINEE USED TO BEAT HER WHILE PREGNANT.

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Devolution Principal Secretary Julius Kiplangat Korir and his former wife Evelyn Koech . Evelyn was testifying against the former husband./PHOTO BY S.A.N.

BY SAM ALFAN.

An estranged wife of Permanent Secretary Julius Kiplangat Korir has narrated how he used to beat her when they were still married.

Evelyn Koech told Senior Resident Magistrate Muthoni Nzibe that she was married to the PS for seven years, five of which were marred by physical violence.

“We got married on 28th June 2013 and separated 21st November 2020. We have two children aged seven and four years old,” Koech told the court.

Koech who works as human resource manager testified that Korir started physically abusing her in 2015.

When asked why she stayed in the abusive relationship for years, the woman said Korir would always apologize afterwards and even call their pastor to plead with her not walk out of marriage or press charges.

She produced some emails her husband would write apologizing after such beatings.

Koech said her worst beating was in 2018 when she was 9 months pregnant and only three days away from delivery.

She recalled trying to protect her belly from the blows and later went to the hospital to check on he baby.

She thanked God that the doctor told her that her baby was fine and was born safely three days later.

According to her, on 17th September 2020 at 7.30 pm, she got home and released her nanny as was her routine.

“I was in the children’s room holding my younger one who was one and a half. I had released the house girl and was alone with the children,” Koech told the court.

She continued that after a while, Korir emerged through the door and shouted “leo utaniona, wapi chakula”.

Before she could utter a word, he was already slapping her on the cheeks.

All this while she was trying to guard her unborn baby.

The witness added that she informed her then husband that she had just arrived from work and had not checked whether there was food in the kitchen.

It was her testimony that Korir started to tear her clothes while beating as she screamed for help.

“I was wearing a dera dress. I started shouting “mnisaidie ananiua”.

The court heard that after the ordeal, Korir took the baby and went down stairs as she ran to the master bedroom and wore another dera thinking the worst is over.

But she was shocked when she opened the door and found Korir waiting for her with what she described as a masaai rungu.

She said she ran to the study room because it was next door but he followed her there and started beating her with the rungu which left marks all over her body.

“He took like like 10 minutes beating me. He was hitting me with the rungu. I have a lot of marks on my body inflicted by my former husband,” she testified.

Koech continued that Korir then pulled her down stairs asking her to go get the food.

We went to the kitchen where we got some githeri and sukuma wiki which we then placed on the side.

The court heard that while all these was happening, the children were hiding in their play room downstairs.

Koech told the court that Korir left the food and started to pull her upstairs while hitting saying “kitu tu unaelewa ni kiboko, leo utaona”.

The court heard that the PS continued beating her up upstairs but at some point she managed to escape and ran downstairs to run out of the house.

However her ex-husband was after her and found her at the door trying to open the lock.

“He overpowered me, threw me down on the floor kicking me and hitting me on my head in the presence of the workers and the children who were watching by the side,” Koech testified.

The court heard that the workers were trying to intervene but as always he told them to never come near him when he was beating her.

With tears running down her cheeks, Koech added that there was blood on the floor because she now had injuries all over her body.

It was her testimony that after he was done beating her, he told her to go and report to the police as usual.

She told the court that she cried for a while then picked herself up. She approached Koech at the sofa where he was seated and asked him for the rungu he had used to beat her up. However, he broke it infront of her eyes. He told her, “hakuna mahali unapeleka hii”.

Koech then went upstairs and put on another dress because the one she had changed to was also torn in the process.

According to Koech, she packed the two dera dresses and left for Nairobi hospital where she was attended to and had to explain to the doctor what had happened.

Koech further stated that the attending doctor took a video of her injuries with her phone which was part of the evidence.

After treatment at about 2am, she drove to Hardy police station where she recorded the matter as she did many times before.

She was advised to go to the Traffic Headquarters to be examined by police doctor.

On 18th she went to traffic HQ where she was examined and thereafter issued with a P3 form which she took back to hardy police station.

Several parties had tried to mediate the marriage after the abuse.

DCI officers also visited the home and extracted the CCTV footage.

The court heard that the home CCTV had captured most the incident because thet had installed them in common places apart from bedrooms.

BUSIA SENATOR VOWS TO STOP “CHERARA FOUR” OUSTER.

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IEBC Vice chairperson Juliana Cherara with commissioner Irene Masit.

BY SAM ALFAN.

Busia Senator has vowed to thwart efforts to remove four IEBC commissioners from office.

Okiya Omtata now Busia Senator has asked the courts to quash all four petitions filed at the National Assembly for the ouster of the now infamous “Cherera Four” commissioners.

He wants National Assembly’s, Justice and Legal Affairs committee to be stopped from sittings and or investigting the four commissioners.

“The matter is extremely urgent as the four commissioners have been summoned to appear and defend themselves before National Assembly Departmental committee on Justice and legal affairs begining today and this application and the petition is likely to be overtaken by events if the orders are not granted,” urged Omtatah.

Justice Hedwig Ong’udi directoed the matter to be mentioned for directions on 14th December 2022 alongside petition no. E511 of 2022 before Justice Thande.

“I have perused the petition and the notice of motion both dated 28th November 2022. I have also perused the supporting affidavits. I do note that a similar petition arising from the same facts and dated 21st November 2022 was filed herein. It is petition no. E511/2022. Directions have been given in the said petition.,” directed Judge Ong’udi.

The same will apply in the present petition. i therefore direct as follows,

  • The petition and application to be served upon all the parties by 1st December 2022.
  • Responses to be filed and served by 9th December 2022.
  • Leave granted for the petitioner to file a further affidavit by 13th December 2022.

According to Okiya Omtatah, IEBC Vice chairperson Juliana Cherara, Irene Masit, Justus Nyangaya and Francis Wanderi had a right to disagree with the results.

The four commissioner walked out of IEBC during the announcement of Presidential results and disowned the results declaring President William Ruto as opaque.

Busia Senator also wants the investigations and the outcome of the inquiry by the National Assembly quashed.

He also wants the high court to quash any resolution by the National Assembly assembly to forward to the president the four petitions seeking the removal of the four commissioners.

In addition Senator Omtatah wants the high court to declare that the decision by the Supreme Court in the 2022 presidential petition as final and an absolute bar to the four petitions filed in Parliament.

In his court documents, the senator claims that the petitions are discriminatory and politically instigated to victimize the four commissioners.

On 19th November, the speaker of the National Assembly Moses Wetangula information the Parliament that he was in receipt of four petitions seeking the removal of the four commissioners from IEBC. The speaker committed the four petitions to the National Assembly Justice and legal affairs committee for consideration.

The senator adds that within fourteen days as required by paragraph 4 of National Assembly Standing Orders 230, the committee was directed to report back to the house on whether or not the petitions disclose a ground for removal. The committee can seek extension if necessary.

KDF OFFICER ADMITS PARTING WITH MONEY FOR KIN TO JOIN DISCIPLINED FORCES.

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Kenya Defense Force officer Anthony Barongo testifying before Milimani Law Court magistrate./PHOTO BY S.A.N.

BY NT CORRESPONDENT.

A Kenya Defense Forces (KDF) officer has admitted to obtaining and paying Sh2.4 million from his relatives for them to join Kenya Prison Services.

Anthony Barongo, who denied that the money was a bribe, told the court that he gave the money as a facilitation fee for his relatives to join the Correctional service. The relatives, however, did not secure the jobs.

Barongo was testifying against Nelson Mukara Sechere who is charged with forging a National Police Service recruitment letter after allegedly receiving the Sh2 million fee.

During cross-examination by Sechere’s lawyer Danstan Omari, the witness was put to task to explain the total amount of money he allegedly gave to the accused.

After calculating the money, the witness said the total amount was Sh2 million and not the Sh2.4 he noted in his statement.

The witness failed to answer whether the balance of Sh400,000 was his commission.

Barongo said he met Sechere through one Ashley Ayuma who is his relative and used her to transmit the money to Sechere.

Omari questioned the KDF officer why he had not been charged with giving a bribe and told him the defence would be making an application to have him as a co-accused.

The court heard that Barongo met Sechere on three occasions, one at a hotel along Mombasa Road whose name he could not recall, and twice while giving him the “facilitation fee”.

The officer also told the court that he could not remember how he came to learn about the recruitment.

The court heard that two of Barongo’s relatives had raised Sh800,000 to secure jobs at the prisons for their two daughters.

He allegedly gave the money to a police officer based in Murang’a.

Another Sh 435,500 was intended for a prison officer to secure a place at the prisons service.

The court heard that at all material times, Barongo was in the company of Ashley Ayuma.

The court further heard that six letters had been issued to the six applicants whose facilitation fee had been paid.

But none of them reported to Kiganjo because the letters turned out to be fake.

Barongo testified that Ayuma went to Kiganjo before to confirm whether the letters were genuine and was told they were not.

This led her to report the matter at Nairobi Regional Command where her statement and that of Barongo were taken.

When questioned whether the other people including the six applicants had recorded statements, he said no.

“The six applicants never recorded statements, neither did the people who gave the money, neither did the commandant at Kiganjo nor the National Police,” Omari questioned.

While concluding the cross-examination, Omari questioned the officer how safe Kenyans are if a KDF officer is soliciting money from them purporting he can employ them.

At the end of his testimony, the Magistrate put him to task to explain what facilitation fee was in regards to the money he paid. Barongo responded that “it is money you give someone for them to do something for you”.

The hearing will continue on February 28 2023.

BLOW TO POPULAR CITY RESTAURANT AS SUPREME COURT DECLINES TO HEAR ITS CASE.

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Trattoria Hotel located at Central Business District (CBD) in Nairobi./PHOTO BY IRENE ONYANGO.

BY SAM ALFAN.

The proprietor of city’s Trattoria Restaurant has suffered a blow after the Supreme Court declined to hear a long-running dispute with his landlady.

The popular restaurant owner Gaetano Ruffo has been embroiled in a dispute with his landlady Joanina Wanjiku Maina over approvals granted to the eatery for installation of water tanks, smoke extractor, L.P.G gas cylinder and cold storage.

The Court of Appeal had in July dismissed Ruffo’s case forcing him to head to the apex court.

The Apex court comprising of Deputy Chief Justice Philomena Mwilu, Smokin Wanjala , Njoki Ndung’u, Isaac Lenaola and William Ouko struck out the case saying they do not have the jurisdiction to hear the case.

“Having found that this Court lacks jurisdiction to entertain the appeal under Article 163 (4) (a) of the Constitution, we find that the appeal lacks legal foundation. Consequently, we find that the Notice of Motion dated 9th September 2022 is not merited and is hereby dismissed for want of jurisdiction and the petition of appeal is also struck out for want of jurisdiction,” ruled the Apex court judges.

Maina and her tenant Ruffo have been embroiled in a court fight since 2013 after the landlady protested against the tenant’s move to block exit passages and fire assembly point by placing 1000kg gas cylinders and water tanks.

She accused Ruffo of using the police to harass her for trying to enforce safety regulations imposed by the Nairobi County Government.

Ruffo through on his part claimed that goons descended on the premises in 2013 and damaged a smoke extractor fan, disconnected storage water tanks and attempted to destroy the gas cylinder and cold room.

The restaurateur has been on the premises since 2005 and claims he was cleared by the county government in an inspection in 2014 but Maina said he later received notices from the same county government to clear all items blocking the exit points or face prosecution.

She later asked the court to compel Ruffo to furnish her with the approval plans of Trattoria to place a fire extractor, LPG gas cylinder and cold room at the emergency fire assembly and exit points.

Her lawyer Kethi Kilonzo said she also sought for copies of the plans submitted by Trattoria and the consent of the previous owner of the building.

The court upheld a decision directing Ruffo to documents as requested.

Ruffo said the appeal would be rendered nugatory if the orders sought are not granted as the building owner is keen on executing the judgment, a move that would cripple his business and its operations.

DPP URGES COURT TO UPHOLD DEATH SENTENCE OF KILLERS OF NAROK TAXI DRIVER.

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Office of Chief Prosecutor in the Republic of Kenya.

BY SAM ALFAN.

Director of Public Prosecution Noordin Haji has asked High Court to uphold death sentence slapped on two high school students over the murder of Narok based taxi driver.

Through senior Principal counsel Duncan Ondimu, Haji wants the death sentence imposed on Bashir Ibrahim and Ibrahim Abdullahi alias Alushi by the trial court upheld.

“Considering the circumstances the deceased met his gruesome death, Bashir and Ibrahim do not deserve any mercy from this court and any other court including court of public opinion , the appellants do not deserve and mercy even a shred of it. The two appellants deserve nothing else other than death ,” Ondimu told the court.

He told Justice Francis Gikonyo that taking into account all the evidence on record adduced by the prosecution and in the circumstances of the case, the Prosecution did discharge its burden and prosecution evidence tendered in court was not in anyway discredited the convict defense during cross-examination.

Ondimu further submitted that the sentence was proper and urged the court to dismiss the appeal for lack of merits and maintain the the sentence by the trial court.

The motor vehicle was valued at Sh1.2 million and his mobile phone valued at Sh15,000 and killed him.

Ondimu dismissed claims by Bashir that he was a student at Fanaka Secondary School in Narok while Ibrahim was studying at Nkareta Secondary School.

He said rejected claim that there were contradictions and inconsistencies in the prosecution’s case.

“We do submit that there were no contradictions nor inconsistencies and even if they were there, they are minor and did not go to the root of prosecution case hence this court should ignore them. The minor inconsistencies (if any) were satisfactorily explained and that the record of appeal clearly reflect that prosecution witnesses were truthful,” Ondimu told Justice Gikonyo.

Ondimu told Judge Gikonyo to ignore the prisoner move to contest his death sentence adding that sentencing is a crucial aspect of Criminal justice system.”It is trite-law that in every trial , once an accused person has been found guilty and convicted , the court shall proceed to pass sentence on him or her.

Judge Gikonyo heard that section 216 of the criminal Procedure Code(CPC) provides that the court may before passing sentence or making an order against an accused person , receive such evidence as it seems fit in order to inform itself as to the sentence or order properly to be passed or made.

In her decision, Narok chief magistrate Wilbroda Juma said she noted the mitigation but agreed with the prosecution that justice had to be served on a family that lost a loved one in such an inhuman manner. She gave the accused persons 14 days to appeal.

Solomon Njeri, who was 17 and a student at Fanaka Secondary School when the offence was committed, was in June 2016 sentenced to serve three years in a correctional institution after he pleaded guilty to the charges.