Former Nairobi Governor Mike Sonko with his lawyer Harrison Kinyanjui leaving Milimani Law Courts building after filing an application seeking to stop opposition leader Raila Odinga anti-government demonstrations./PHOTO BY IRENE ONYANGO.


A ‘public holiday ‘ declared by Azimio La Umoja leader Raila Odinga for Monday March 20, has no backing of the law, the High Court has stated.

Justice Hedwig Ong’udi said a perusal of documents filed by former Nairobi Governor Mike Sonko shows that there is no Gazette notice to that effect as required by the Public Holidays Act.

Justice Hedwig Ongundi said there are procedures to declare public holidays, a mandate of the Interior Cabinet Secretary Kithure Kindiki.

“I have perused the pleadings and annexures and have not found any Gazette Notice by the Cabinet Secretary in charge of Interior declaring 20/03/2023 a public holiday as per Section 3 of the Public Holidays Act. I therefore issue the following directions,” said the judge.

Justice Ong’udi further noted Sonko’s case was a matter of great public interest, hence the need for urgent disposal of the case.

She further pointed out that there are laid down procedures for declaration of public holidays in Kenya

Odinga declared Monday a ‘public holiday ‘ as the start of nationwide protests against President William Ruto’s administration.

The opposition leader has cited among other issues, the rising cost of living, unemployment and skewed appointments by President Ruto as the reason for the protests.

Sonko has named Odinga, Kalonzo Musyoka, Martha Karua, Jeremiah Kioni among others as respondents in the case.

He argues that the declaration by Odinga is unlawful and was meant, calculated, and intended to incite law abiding Kenyans into believing that the said holiday was officially declared by the government.

“ By his said impugned utterances during the stated Public Rally Raila confirmed the imperative necessity of this Honourable Court to issue Conservatory Orders, since the Constitution of Kenya has expressly declared and demarcated in Article 9 (3)4) and (5) of the Constitution of Kenya such of the National holidays celebrated in Kenya, which are public holidays,” says Sonko in court documents.

Sonko also faults Odinga saying he used inciteful utterances that have led to unlawful assemblies.

“As recognized organizers of any public demonstrations the said Respondent are bound to ensure that their activities throughout the said demonstrations are peaceful,” he says in court documents.

He claims the Kenya Police Service owes all members of the public a duty in the arising circumstances, which is to protect from harm and breach of peace both the participants in such public demonstrations as well as the Kenyans who do not wish to participate in such demonstrations.

“The Respondents have clearly demonstrated that they are unprepared, unwilling and repugnant to engage in the peaceful exercise of the Article 37 Constitutional rights, by reason of which this Honourable Court is entitled to intervene as sought,” he argues.

Justice Ong’undi directed Sonko to serve the petition to the respondent’s ahead of the hearing Tuesday, February 21.


Anti-Corruption Chief Magistrate Douglas Ogoti currently in Kisumu.


Former Nairobi Governor Evans Kidero has written to Chief Justice Martha Koome seeking for the retention of trial magistrate Douglas Ogoti in a case in which he is facing Sh213 million graft charges.

Kidero in the letter dated 23 February that when Ogoti was initially transferred to Embu, the office of the CJ allowed him to conclude his outstanding matters in Nairobi, including his case.

The magistrate has since been moved to Kisumu, in the latest transfers.

“It has come to our attention that the trial magistrate has now been transferred to Kisumu. Our client is reasonably apprehensive that the transfer of the trial magistrate is likely to affect and delay his fundamental right to a fair hearing and expeditious conclusion of the trial,” reads the letter.

“We humbly request the intervention of the office of the chief justice to grant permission and give direction that the trial magistrate Douglas Ogoti do conclude and finalize the trial of this matter…”said the letter.

The matter was mentioned before Magistrate Victor Wakhumile who directed the matter to be mentioned on April 20, to confirm if the CJ has responded to the letter and for further directions.

The former governor and ten others have since been accused of conspiring to commit fraud which led to the loss of Sh213,327,300 at the county government between January 16, 2014, and January 25, 2016 for services not rendered.


Stephen Nyamwita John before court./PHOTO BY IRENE ONYANGO.


A 27 year old man has been charged with intentionally withholding over Sh160,000 that was sent to him by mistake.

Stephen Nyamwita John was accused of intentionally and knowingly withholding the money, which was sent to his mobile number under his name through Co-operative bank account name Pan Africa Network Group limited.

The money was meant for another person.

He admitted the offence, which he committed on 15th February 2023 at Mabera area in Migori County, when he appeared before Milimani chief magistrate Lukas Onyina.

Nywamwita used the windfall for purchase a parcel of land, as an investment, after keeping the money for a while and no one allegedly called him claiming the cash.

He requested the court if he could be given a chance to pay back the money in installment. He further revealed that he was searching for a potential buyer of the land, so that he can repay the amount.

The accused in his submissions requested for the case to be transferred to a court near his home in Isbania, arguing that moving to Nairobi, for the hearing of the case, was expensive.

The court postponed the matter to April 3, for a probation report to be filed in court before he is sentenced.


Nairobi transport company City Star Shuttle.


Nairobi transport company City Star Shuttle wants troubled insurance firm Xplico and industry regulator to deposit Sh10 million, pending the determination of a dispute in court.

The bus company which provides transport to city residents wants Xplico Insurance company limited and the Insurance Regulatory Authority (IRA) to deposit the money, pending the resolution of a dispute between the company and Damaris Onduso.

The bus company further wants the High Court to suspend the execution of decree issued by a Milimani court.

The decree was issued by a Milimani chief magistrate on 18th of August 2021.

The company wants the underwriter and the regulator compelled to settle the decretal sum of Sh1.9 million plus costs, arising from the dispute.

The bus company argues that it entered into a contract with the underwriter in April 2018 for motor vehicle registration number KCC 939E.

Through lawyer Mburu Mwangi, the firm says the bus was involved in an accident on or about the 2 May 2018, and a passenger, Damaris Onduso, was injured.

The passenger later sued the transport firm seeking payment.

The lawyer says Xplico was notified of the accident and the underwriter was informed that the company complied with all policy conditions to enable settlement of the claim.

Xplico then instructed its advocates (M.J Okumu & Associates Advocates) to defend the case.

The records in the suit indicate that there was a consent on liability and judgement was entered accordingly in favour of the Plaintiff for the sum of Sh1,506,073 together with costs and interest.

However, despite the foregoing, more particularly, Xplico Insurance recording a consent, the insurance has failed, declined to settle the claim.

“Consequently, the Plaintiff’s property has been executed by way of attachment of its motor vehicles which in this case are its tools of trade as it engages in public service transport in Nairobi and its environs,” the lawyer says.

He says even upon being notified of the execution against the Plaintiff’s property, the insurer has blatantly refused to settle the amount.

The lawyer added that ignoring the demand can be perceived as acts of malice, arrogance and acts of impunity.

The company adds that the regulator has failed in its capacity and statutory mandate, to offer proper oversight over the underwriter in ensuring compliance or reprimanding the the insurance company.

It adds that the regulator has further failed to cushion the company against imminent loss of its property by settling the decretal sum from the Policy Holder’s Compensation Fund.

“Given the nature of the foregoing facts, this matter is imminently a perfect candidate for summary judgement as the question of settlement of decretal sum,” the lawyer said.


High Court Anti-Corruption Division Judge Esther Maina who barred the two from selling or transferring properties suspected to be proceeds of crime./PHOTO BY S.A.N.


A man arrested with heroine in Mombasa and his proxy will not access their properties including land and eleven vehicles linked to proceeds of trafficking in of narcotic drugs.

High Court Judge Esther Maina issued orders prohibited Abdulmajid Msallam Timami who was jailed for 15 years and Said Mselem Abdallah from selling, charging or transferring three parcels of land located in Mombasa.

The court ordered the Land Registrar to place caveats on the named properties and further directed that income derived from rent accruing from houses development on the properties be deposited in a bank account belonging to Assets Recovery Agency Bank.

The court further banned the two from selling or transferring the eleven motor vehicles and directed Director General of National Transport Authority (NTSA) to register a caveats against each of the motor vehicle.

Msallam was ordered to surrender the vehicles and logbooks to the Directorate of Criminal Investigations (DCI) headquarters Kiambu road with immediate effect.

The court orders shall last for 90 days, pending an application for forfeiture of the properties to the state.

Msallam was arrested on the 22nd March, 2019 at Tononoka, Mombasa County and was subsequently charged with the offence of trafficking narcotic drugs.

ARA later commenced investigations to recover proceeds of crime accrued through the illegitimate trafficking and trading of narcotic drugs in accordance with its mandate.

During the arrest a search was conducted in the motor vehicle registration number KCT 180 M and his Mombasa residence and a total of 1015.8 grams of heroin with market value of Sh3,047.400, were recovered.

The ARA said the suspect has since acquired massive assets/properties using the proceeds obtained from the illegitimate trade of Narcotic drugs and channeled the illegitimate funds through identified bank accounts belonging to the 1st Respondent with the intention to conceal the source of funds, which are suspected to be proceeds of crime contrary to the provisions of the Narcotic Drugs and Psychotropic substances (control).

The Agency into the activities of Msallam’s bank accounts for purposes of ascertaining whether they received and laundered any funds that are suspected to be proceeds of crime, tracing and identification of assets acquired using proceeds of crime.

The Agency investigating officer Corporal Isaac Nakitare told the court upon obtaining orders from the Magistrate Courts , he served banks and Safaricom and obtained both bank statements and M-pesa statement for Msallam.

He told the court that analysis of the accounts statements established that bank accounts were opened and operated by Msallam and that the bank accounts received suspicious huge sums of cash and cheque deposits that indicate activities of money laundering as shown in the analysis below.

According to the investigator, the Msallam Bank Account held at Gulf African Bank Limited was analyzed for the period between 30th October 2017 to 17th August 2019 and during this period the notable suspicious credits amounted to Sh 75,896,816.75 and the notable suspicious debits amounted to Sh 75,795,967.89. I observed that most of the money into this account come from matured fixed deposits that had been placed from different individuals. The money was then transferred to different individuals and that some money was used to purchase a motor vehicle.

He further told the Anti-Corruption Court that Sh 75,896,816.75 notable credits were broken down as shown below. A total of Sh 35,650,000.00 come in as matured fixed deposits.

The court documents indicate that notable suspicious debits amounting to Sh75,795,967.89 were broken down and Sh35,650,000.00 was placed out as fixed deposit over a period of three months and money sent, transferred and withdrawn to different individuals amounted to Sh 32,602,798.89. The debits ranged from Sh7,400 to Sh10 million.

Documents filed by ARA indicate that Msallam Bank account held at NCBA account held at NCBA Bank Limited was analyzed for the period between 3rd January 2014 to 16th September 2020 and notable suspicious credits during that period amounted to Sh 155,061,904.56 and the notable suspicious debits amounted to Sh154,532,486.40.

“I observed that most of the money into the account come from different individuals where there was the largest depositor. The money was then withdrawn through cash and transferred to other individuals and companies,” said the investigator.

He further adds that Sh155,061,904.56 noted as suspicious credits are broken down as shown below. A total of Sh 134,903,658.00 come from different individuals through cash deposits, cheques and M-pesa. The amounts ranged from Sh10,000.00 to Sh 2,100,000.00 and the deposits were on a daily basis below is a summary of individuals who deposited or transferred more than Sh.500,000.00.

He further told the court that Msallam Bank (USD Account) held at NCBA Bank Limited was analyzed for the period between 18th September 2020 to 31/05/2021. (i) The total suspicious credit was USD 155.192.36 whilst the debit was USD 155,192.36 and as soon as the suspicious money was deposited into the account inform of Foreign Cheque deposits, it was immediately debited in form of cash withdrawal.

The officer demonstrated the movement using of funds using tables. 

The investigations have established that Msallam in collaboration with hired mules and 3rd parties’ obtained suspicious funds in his bank accounts from the illegitimate trade in Narcotic Drugs contrary to the provisions of Narcotic Drugs and Psychotropic substances (control) Act no.4 of 1994, Proceeds of Crime and Anti-Money Laundering Act 2009 and Preventions of Organized Crimes Act.

Investigations further established that Msallam acquired massive assets/properties using the proceeds from the illegitimate trade in Narcotic drugs and registered under the assets his name and in the name of his proxies so as to conceal and disguise the source of funds used to procure the said assets.


Embakasi East MP Babu Owino who has vowed to fight for law graduates to be admitted at Kenya School of Law./PHOTO BY S.A.N.


Embakasi East MP Babu Owino has appealed to President William Ruto to intervene on behalf of over 3000 law graduates and have them admitted to the Kenya School Law (KSL).

The MP said over 3000 students who have completed their law degrees have been denied entry to KSL because they did not score a minimum of grade B (plain) in English and Kiswahili in their Kenya Certificate of Secondary Education (KCSE).

The legislator said the students did the law degree between 2015 and 2022 but their attempts to join KSL for a diploma in law have been thwarted by the requirement to score B (plain) in the two subjects in their final secondary education examination.

Babu said in a press conference that the failure to admit the students for the programme was in contravention of the Legal Education Act

He said some of the students obtained first and second class honours in the law degrees and some of the come from humble backgrounds were looking forward to secure jobs after completing the programme and be admitted to the bar.

The MP said he took up the matter to pursue the matter, which is pending determination at the Supreme Court.

For one to join the bar as an advocate, a student must obtain a four-year law degree programme at an institution that is recognised by the Council of Legal Education in Kenya and receives a Bachelor’s degree in law, before joining the KSL for a one year post-graduate programme and complete bar.


Celebrated rally driver Maxine Muringo Wahome who was charged with murder of his boyfriend Asad Khan./PHOTO BY S.A.N.


Celebrated rally driver Maxine Muringo Wahome on Wednesday denied murdering her lover Asad Khan.

The 25-year-old rally driver pleaded to the charge virtually despite resistance by team of lawyers led by senior counsel Philip Murgor, Steve Kimani and Singh Gitau, who wanted their client presented in an open court for plea taking.

Maxine was accused of killing Asad, popularly known as Kalulu on December 12, 2022 at their apartment along Bristol Road in Kileleshwa, Nairobi County.
She denied the charge before trial judge Lillian Mutende.

Her team of lawyers asked the court to release her on bail but the application was resisted by the prosecution and lawyers holding brief for Asad’s family, led by Danstan Omari and Cliff Ombeta.

Ombetta told the court that the court has to be furnished with a pre-bail report before the application is argued. He said the circumstances have since changed and Maxine was no longer a suspect of assault but she was facing murder charge.

“She facing serious charge and serious consequences if convicted. It is with this in view that we must oppose her being released on bond,” he said.

He further submitted that the incentive to abscond or interfere with the case is high.

The judge directed the probation office to prepare a report and serve it to all parties before hearing the application on bail on March 21.


Former Kiambu Governor William Kabogo before court./FILE PHOTO BY S.A.N.


Former Kiambu Governor William Kabogo and other depositors of Charterhouse Bank can now recover their money, which went down with the collapse of the bank.

Justice Dorah Chepkwony also allowed Kabogo to publish the case in two local dailies as a notice to all other depositors who wish to join the case.

“However, taking into account that the suit seeks to enforce depositors’ rights to be reinstituted of their deposits, it is inevitable that at some point the determination of the suit will bear some financial obligations and it is imperative that the depositor willing to be joined as plaintiffs give a written consent or authority to extend,” the judge said.

Charterhouse Bank was placed under statutory management in 2006.

Kabogo filed the case last year seeking to secure his deposits arguing that the he and other depositors were on the verge of losing their deposits and assets after Kenya Deposit Insurance Corporation (KDIC) started the process of liquidating the collapsed lender.

Justice Chepkwony rejected the application for the case to be a class action suit but said any willing depositor may join the case.

“However, any depositor willing to be joined as plaintiff in the suit is at liberty to apply to the court to be made a party and the plaintiff granted the liberty to advertise the suit so as to notify willing depositors to be joined in the suit,” the judge said.

Kabogo accused KDIC of ignoring the fact that depositors and creditors are special class protected by the Banking Act.

He said when CBK appointed Rose Detho as the manager in 2006, she issued a moratorium on all accounts held by depositors but assured them that interest would accrue on the deposits.

CBK and KDIC opposed the case saying a similar case, filed by the bank’s former directors is pending in court and the latest case was basically an attack on the earlier matter.


Lawyer Donald Kipkorir with former Lancet Kenya CEO Dr Ahmed Kalebi who is seeking a Sh3.6 billion compensation from his former French and South African partners ./PHOTO BY S.A.N.


Dr Ahmed Kalebi, who gained prominence during the Covid 19 pandemic period over his timely diagnosis and communications, now wants his partners at Lancet Kenya ordered to pay him for the sweat he put in to establish the health institutions.

The former Lancet Kenya CEO is seeking a Sh3.6 billion compensation from his former French and South African partners as the founding shareholder of the medical institution.

Among other benefits, Dr. Kalebi is demanding sweat equity for spending his time, labour, and money as well as building Lancent the firm expand in the region.

Through his lawyer Donald Kipkorir, he claims that his former partners at Lancent Kenya rejected his claim for sweat compensation yet Lancet was only present in three countries in Africa, including South Africa when he joined but expanded to 13 more when he left the firm in April 2021.

“Yes there was no provision for bonus in agreements we signed,” Dr Kalebi said when he was being cross-examined by Senior Counsel George Oraro.

Sweat equity is a non-monetary benefit that a company’s stakeholders give in labour and time, rather than a monetary contribution that benefits the company.

Dr Kalebi, who helped found the firm in 2009, has sued the Kenyan firm and shareholders, French firm Cebra Healthcare and Lancet Service Company of South Africa.

The company in reply says all their investment decisions such as establishing operations in Tanzania, Uganda and Rwanda were informed by the direction and vision of the respective boards of directors and not by Dr Kalebi alone.

The company further says Dr Kalebi’s shareholding was voluntarily transferred sometime 2016 “on an arm’s length basis, for full value, the consideration of which was duly paid” to the former CEO.

Further Lancet has said the former partners owed no obligation to compensate Dr Kalebi as the founder and local founding shareholder, as the alleged roles he is quoting do not exist under the contract signed between the parties.

His former partners also revealed that Dr Kalebi was allotted 20 percent stake for free with no obligation for him to contribute any cash for the stake or start-up costs.

Further, Dr Kalebi’s terms were negotiated and agreed with the company and there were no additional representations made by the former CEO regarding his remuneration beyond what was provided for, in the contracts.

The company also said dividends was subject to resolution by the board of directors and approval at the members’ general meeting.

“The plaintiff has no automatic rights to dividends in the defendants which in any event have not been declared,” Lancet says in court documents.

It is also the firm’s argument that there was no agreement Dr Kalebi would be compensated based on development, enhancement, protection and exploitation (DEMPE) functions.


Safaricom PLc Central Business District (CBD)./PHOTO BY IRENE ONYANGO.


Safaricom chief executive officer Peter Ndegwa and senior telco officials will sentenced to civil jail for disobedience of court orders.

The CEO alongside directors Dilip Pal, Christopher Kirugia, Winifred Ouko, Raisibe Morathi, Sitholizwe Mdalalose, Rose Ogega, Francesco Bianco and former CEO Michael Joseph are expected to be arraigned before Embu Court for sentencing over the failure to pay a litigant more than Sh7 million.

Embu Senior Principal Magistrate Henry Nyakweba directed the arrest of the directors of the country’s largest mobile company and they be presented before him on 27th of March for sentencing.

The Magistrate declined to lift a warrant of arrest on Monday, issued against Ndwega and other Safaricom directors.

The decision comes a few days after High Court rejected a similar application.

The court order dated 9th December 2022, directed the Officer Commanding officer (OCS) Parklands Police station to arrest CEO Ndegwa alongside other named directors and produce them before Embu law Courts for sentencing.

“This is to command you to arrest the said CONTEMNORS and upon arrest, the directors be arraigned before this court for sentencing as soon as will be reasonable practicable and in any event NOT later than 10th January 2023,” stated warranted of arrest issued by Embu Senior Principal Magistrate.

The OCS was further directed to return the warrant as soon as it is executed.

“You are further commanded to return this warrant as soon as it is executed with an endorsement certifying the day on which and manner in which it has been executed, or the reason it has not been executed,” states the warrant issued on 9th of December 2022.

Ephantus Mbogo Njuki wants the officials punished, accusing them of refusing to comply with a court order, directing them to pay him the money.