Blog Page 234



Former Powerful Finance Minister David Mwiraria who want his intended criminal charge deferred to January 2016.
Former Finance Minister David Mwiraria’s intended criminal charge is still hanging and now awaits the interpretation of the high court ruling as to whether he has to be charged within ten days.

The office of the director of public prosecution, told trial magistrate Felix Kombo that it unable to give clear inter interpretation to the ruling of Justice Grace Ngenye,which appeared to have left out the prosecution from the case.

Justice Ngenye had on December 4, said that from date of the ruling the trial court to make arrangement and issue a notice as to when and where is Mwirararia to be-charged

The decision of the judge could be clearly understood by parties appearing in the criminal, subsequently trial magistrate refereed the file back to the judge intemperate her ruling.
Mr Kombo said that it’s not within his province to give interpretation of the decision of the judge.
Mwiraria had through his counsels told the high court that he suffers from cancer in which doctors have recommended that he cannot stand for criminal trial.

Senior counsel Paul Muite and Ebbas Esmail, told high court Justice Ngenye , that recommendation from three doctors Mwiraria’s cousels had told the appointed by the office of director of public prosecution found that he is not fit to face prosecution.

” Four doctors appointed to establish his sustainability whether to face criminal case only one descended in his opinion while the trio agreed that indeed he was sick that he cannot be subjected to criminal proceedings” the court heard.

The lawyers while submitting on the application seeking review of the decision of magistrate court issuing warrants of arrest against Mwiraria, said that there is nothing to hide on somebody whose memory cannot recall some events and the law prohibits such person not be recommended for prosecution.

Mwiraria was taken ill in 2006 before the commencement of the criminal case before the court, and he has undergone several medical examinations.

“He seriously sick his immobility has been grounded he cannot pay attention to proceedings taking place between 30 to 60 minutes” the court heard.

The lawyers asked the court to exercise its supervisory jurisdiction by invoking the powers of revision and issue the order prohibiting his arrest as ordered by the magistrate’s court.
The defence lawyers said that the prosecution in their replying affidavit, they have not disclosed that the DPP had recommended for medical examination of Mwiraria by a team of doctors.

They objection to the opposition taken by the prosecution, saying that when the warrant of arrest was issued by the magistrate’s court already the medical report by three doctors from Kenyatta National Hospital was in file indicating that he was unfit to stand trial.
Mwiraria was to be charged with Kamani family over the Anglo Leasing related scandal in which the government is said to have lost about Sh 10 billion

Justice Macharia will deliver the ruling on Friday as to whether to quash the warrant issued by the lower court.




Eastleigh South Ward member of Nairobi County Assembly Nelson Masiga Marakalu at Milimani law court where he was charged with offence of incitement to violence and malicious damage to properties.
A member of Nairobi County Assembly has been charged with an offence of incitement to violence and malicious damage to properties.

The MCA for Eastleigh South Ward Nelson Masiga Marakalu appeared before senior principal magistrate Joyce Gathani, where he denied three counts of incitement, malicious damage to property and stealing.

The prosecution through Duncan Ondimu, told the court, that on January 2014 at Kiambu Chief Camp in Nairobi the accused uttered words’

” That they will not keep on talking of school issue because the government does not have a school, Kiragu must give us a school either Kiragu Wachai Primary school which at Kimabu or Gituamba area and the accused was going to reposes the same on January 27, 2014″

According to the prosecution the word as uttered by the accused meant that he was going to mobilize wanachi to invade the school of Kiaragu Waichahi an act calculated to destruction of the school.

Mr Ondimu said on January 27, 2014, the accused jointly with others unlawfully destroyed part of the perimeter wall and widow glasses which belonged to Kiragu Waichahi primary school.

The accused was further charged that on January 27, 2014, he stole various school equipment worth over Sh 3.4 million the property of Josphat Kiragu Waichahi.

The MCA denied all the accounts and was released on cash bail of Sh 200,000. he was given an alternative bond of Sh 2 million.

The court fixed the hearing of hi criminal case January 14, 2016.
The accused has been out on police bond as police were investigating the criminal case against him.




Kenya Medical Training College (KMTC).


A parent has gone to court seeking a constitutional interpretation as to which body between Kenya Universities and Colleges Central Placement Service (KUCCPS) and the Kenya Medical Training College (KMTC) is mandated to admit students for training.

There exist two sets of students selected body to join KMTC in the 2015/2016 academic year which has created confusion over the admission process by the antagonizing institutions.

The aggrieved parent Klyalo Kamina, through his lawyer Samwel Ogutu has submitted that  at beginning to the college academic  year some students filed petitions in Nakuru and Nairobi seeking declaration that  there  rights to education  has been violated   and sought to have imminent admission to KMTC.

The lawyer told the court that during the pendency of the two petitions KMTC and KUCPC agreed to  withdraw the suits to allow students join  college due to time line  for the academic year was expiring.

Mr Ogutu said that KMTC claims exclusive right to admit students by virtue of section 6 of the Kenya Medical Training College Act and section 7 of the Universities Act 2012.

The lawyer said that KUCCPS on other hand also claims exclusive right to admit students to KMTC by virtue of section 55 and 56 of the Universities Act 2012 and section2 and 52 of the Technical and Vocational Education and Training Act 2013.

” Whereas as both sets of students were  admitted to KMTC in 2015/2016 academic year, there has not been determination as to which body between KMTC and KUCCPS is mandated to place students for admission to the training college” the lawyer argue.

Mr Ogutu says that at the hearing of the petition he will be asking to the court set the clear as to which institution is rightfully mandated to admit students to KMTC.

The conflicting laws are yet to be amended to harmonize the two Acts so had fear among the parents and students who Deidre to pursue medical training career.

The says that  there  real apprehension  amongst parents whose children have finished form four and may wants to take course on medical training, they  must be assured which institution has the mandate  in law  to admit them  to KMTC the government known  institution.

 Its serious to note that some students selected by KUCCPS have not joined KMTC due to standoff between the two institutions, who include the petitioner’s son.

Mr Ogutu says that by the time KMTC and KUCCPS agreed to withdraw the suits filed against each other they offer permanent solution regarding the admission of students to the college.

He says that it was procedurally unfair to admit one set of students at once and another set in bits without explaining reasons.




rusaiA Ugandan national Thomas Bazar Mayieku was accused of stealing 2.5 from city Lawyer William Arusei when he appeared before a Kibera court on Wednesday December 2, 2015.


A Ugandan national was on Monday charged with fraudulently obtaining Sh2.5 million from a Nairobi lawyer.

Thomas Bazar Mayieku was accused that, on diverse dates between the month of September and October at Town house Kaunda Street, he obtained Sh805, 000 from William Arusei by falsely pretending that he was in a position to buy him a Toyota Prado.

Mayieku faces another count that on September 25 at Town house, he used tricks to obtain a Toyota Harrier valued at Sh1.6 million from Arusei.

He was further charged that on October 8 at the same place he fraudulently obtained Sh 290,000 from Ashil Wachuli by pretending that he will sell him a car.

According to the prosecution the suspect went to the lawyer’s house and asked his secretary that he wanted to talk to him. Arusei was called and he went to see Mayieku who told him that he was a businessman dealing with importing of cars and selling them.

The lawyer was interested in buying a Prado of which the accused told him that he will sell it at Sh1.6 million instead of Sh2.5 million.

Arusei told police that he arranged a meeting with his staff and called the accused person who came in a they made an agreement as he was given the money and they both signed. He came with the documents and there was no doubt that he was a con man.

 It took some time before the vehicle was delivered as he kept saying that the car was at the port waiting clearance but later on switched off his phone and blocked Arusei from calling him.

The matter was reported and after investigations he was arrested. He denied the charges before principal magistrate Emilly Olwande who remanded him in custody.

 The prosecution asked the court to remand him since he absconded a case at Kiambu court in 2012 and he still has a warrant of arrest. The prosecution added that he was a flight risk if given bail.

 The trial court fixed the matter to be heard on May 20, 2015.





Sixteen people accused of killing the directors of the troubled Kihiu Mwiri land-buying company who will remain in custody until the key civilian testifies on the matter at Milimani law courts.


Sixteen people accused of killing the directors of the troubled Kihiu Mwiri land-buying company to remain in custody until the key civilian testifies on the matter.

High court decline to release the accused persons on bail on Wednesday saying there were compelling reasons to deny the accused bail.

Lady Justice Mutuku in her ruling said that, the prosecution has satisfied it on a balance of probabilities that there are compelling reasons in the case to deny the all the accused persons bail pending the hearing and determination of the case.

“I decline to grant bail to the 1 accused to 16 accused persons, all inclusive. They shall remain in custody until the key witness specifically the civilian witness have testified” Ruled Justice Mutuku

 In her ruling the judge added that, the sheer number of the accused person, coupled with the fact that some of the victims in the case had reported threat to their lives as well as the fact that deaths in case are interlinked with the kihiu Mwiri farmers limited is persuasive to the court for ends of Justice to be met, it would be better to decline the applications for bail

“Having read the attached statements of the victims, it is my view that I am persuaded by the prosecution, on a balance of probabilities, that there are compelling reasons in this case to decline to allow the respective application” said Justice Mutuku.

The judge also dismissed their application entirely saying she has taken into account the averment of the accused persons on their various ailments.

The learned judge said that the remand prison has a health centre where all prisons held in custody are attended to medically and where need arises  to be refered  to another health institution,theey can make application before the court.

Sixteen former and current directors of trouble-ridden Kihiu Mwiri land buying company in Murang’a County were charged with the murder of four officials.

They are Joseph Thiong’o, Henry Ngugi, Julius Kanyiri, John Njoroge, Harrison Kibande, Joseph Muchui, Bernard Murigi and Josephat Macharia.

Others are Mary Mugechi, Joseph Nyamu, Patrick Ikuu, Samuel Njeru, Peter Mburu, Peter Murigi, Zackaria Ngaruiya and John Kamau.

They have denied killing Peter Kuria, Paul Muhuhi, Josephat Nyoike and Zachari Chege in Murang’a and Kiambu counties between May 10 and July 29.

The charges were read out in English and translated into Kikuyu. Each is required to choose the language he or she intends to use during trial.

The suspects asked to be freed on bail pending trial but were directed to file a formal application within seven days. If the court rejects their request, they will remain in custody until the hearing date.

The prosecution intends to call 30 witnesses.

“Preliminary investigations have linked the respondents with (the) murder and disappearances of James Macharia, Job Mwangi and Solomon Macharia who went missing on March 25, 2014 and have not been traced to date.

“Wilfred Gichana was shot dead on May 12, 2014, Charles Ngugi was shot dead on January 18, 2015, and Peter Kuria was shot dead on May 10, 2015 while Paul Muhuhi was shot dead on June 28 2015.

“Peter Kariuki went missing on July 1, 2015 while Zachary Chege and Josephat Kibe were both shot dead on July 29, 2015,” Ms Mwaniki told the court.

The suspects were, however, charged with the murder of Paul Mahihu Bernard in Majengo estate in Thika Town on June 28, 2015.

They were also accused of the murder of Zachary Chege Kirau on July 29, 2015 in Murang’a and of Peter Kimani Kuria on May 10, 2015.

The suspects were also accused of the murder of Josephat Kibe on July 29, 2015.

The offences were allegedly committed jointly with others not before the court.

Kihiu Mwiri, based in Murang’a, has been riddled with mysterious murders, which police link to disagreements among directors.

The killings began after officials disagreed over the subdivision of the company’s land.

President Uhuru Kenyatta recently issued 43 title deeds to the rightful owners of the land who had waited close to five decades.

The issuance followed the completion of a regularization process that sought to ensure the land is subdivided and the genuine beneficiaries issued with title deeds.




Lawyer George Kithi for Isiolo County Government who are seeking Interior CS Joseph Nkaiserry stopped from interfering with the Meru/Isiolo boundary dispute leaving Milimani law courts.
High court has temporarily halted a committee appointed by the Cabinet Secretary for Interior and Co-ordination of National Government from publishing a report a rising from demarcation of boundaries dispute between Meru and Isiolo communities

The resolution and any finding from the recently concluded demarcation of the boundary dispute between the two tribes should not be made public, until the matter pending before the court is determined.

Justice Mumbi Ngugi, said whereas there is petition before the court challenging the composition of members appointed by the CS has been disputed the report being prepared by the committee should a wait the out come of the court decision.

The judge said there will be no prejudice suffered if the report is held in abeyance to avoid tension among the two tribes.

Residents of Isiolo County moved to court seeking Interior CS Joseph Nkaiserry stopped from interfering with the Meru/Isiolo boundary dispute.
They say that the dispute is a creation of some leaders from Meru County with ill agenda of taking away the lucrative and ongoing upgrade of Isiolo airstrip.
The project is set for Sh900 million and has a passenger terminal building with an area of 4800 square meters and a capacity to handle estimated 125, 000 passengers a year.
Together with their Governor Hassan Guyo Shano, the residents hold that Meru leaders want to use government machinery as is manifest by the actions of CS Nkaiserry to also claim the 6200 acres of land mapped for the proposed Isiolo resort city.
Governor Guyo said that the land was valued at Sh6 billion in 2012 and that there is eminent threat that the land will be taken away out of the reach of Isiolo residents.
The residents also say that the sudden interest by CS Nkaiserry to settle the boundary dispute is suspect, reeks of ill motive and that the same is influenced by the impeding developments of Lamu Port-South Sudan-Ethiopia-Transport LAPSSET corridor project scheduled to pass through Isiolo County.
Through their Lawyer George Kithi, the residents say that the political environment among the communities in Isiolo is tense due to the alleged illegal decisions made by CS Nkaiserry on November 1 when he toured the region and that the resolutions can alleviate political or tribal clashes.
“The CS has no power whatsoever to appoint a team to adjudicate carry out survey and demarcate boundaries between two communities or any community at all,
“The acts need to be curtailed since the same are done without following the due process established in the constitution but purely unorthodox and unconventional means to influence the demarcation of the boundaries,” the residents say.
The people of Isiolo say that it is evident that out of the 14 members of the “impugned” joint team, 4 are purportedly representatives of Isiolo while 8 members are from Meru region. There is only one resident out of the alleged four representatives of Isiolo County.
“Constitution of the alleged committee is oriented at seeking an ethnic front-line that is imbalanced and oriented at dominating a thought process…it manifests skewed representation and a bid to sabotage, strife and or silence the voice of Isiolo residents,” they told a Nairobi court.
Governor Guy asserted that the communities in Isiolo are many but the largest are Samburu, Turkana, Borana, Somali who ought to be considered in any team to adjudicate on land issues and boundary disputes in bid to obtain ethnic balancing, fairness and protection of the marginalized.
The committee comprises of Clare Omollo-Regional Coordinator Eastern, Chairperson Wilfred Nyangwanga-County Commissioner Meru, George Natembeya-County Commissioner Isiolo, Martin Bikuri-CEC Lands and Planning Meru, Daniel Kamanja- Lands Registrar Meru, Alexander Njagi- Land Surveyor Meru, John Wanyoike- Chief Valuer Meru, Harrison Musumuiah-Lands Registrar Meru, PatrarchMunyalo-District Lands and Settlement Officer Meru, Philip Mengi- Lands Registrar Isiolo, Stephen Njuguna- Surveyor Isiolo, KimathiKaberia- Land Surveyor Meru, Ahmed Shone-CEC Lands and Planning Isiolo and Beverly Opwora- Personal Assistant/RC, taking minutes.
They therefore asked the court to issue orders barring the committee from constituting, conversing, instructing or in any way conducting works, adjudicating, surveying the boundaries or subjecting the existing boundaries delineating Isiolo county and demarcation or making boundaries of Isiolo county or against other neighboring or bordering counties including Meru.




Chairman of Dubai Bank in Kenya Abdul Hafedh Zubedi, Wilson Hassan Nandwa and Ali Bashir Sheikh at Milimani law court on Tuesday December 2,2015.
The chairman of Dubai Bank in Kenya was arraigned in court on Wednesday together with the bank’s Operations Manager and bank’s Directors to face charges of stealing money from the bank and for failing to comply with the anti-money laundering act respectively.

Abdul Hafedh Zubedi, Ali Bashir Sheikh and Wilson Hassan Nandwa, and Dubai bank are accused that on diverse date between 28 day of April and 1 September 2014 at Dubai Bank in Nairobi with others not before the court being Director of Dubai Bank Kenya limited and a limited liability Company respectively failed to comply with the requirements of section 44,45 and 46 of proceeds of crime and Anti- money laundering Act 2009 to wit Failure to carry out due diligence of a customer before opening account NO81176973 in the name of Runaway entertainment private limited a company which does exist.

They however did not take plea after warrants that were issued against them were lifted but those who did not turn in court,still facing arrest.

Butta Binary and Deeraj Kumar Baghes are accused that, on diverse date between 28 , and April and 14 September 2014 at Dubai Bank Moi Avenue branch in Nairobi being the servants of Dubai Bank Kenya Limited to wit Chief Executive Officer and t Operational Manager respectively stole USD 210,267,20 ( Two hundred and ten thousand, two hundred and sixty seven point two zero usds) equivalent to Kshs 12,639,006,50 the property of Dubai Bank which came to your possession by virtue of your employment.

They however did not take plea following objections by their lawyers and since the court handling the matter is on vacation, the presiding magistrate deferred the matter to 21st Dec 2015when the chief magistrate’s court will be sitting.

Mr Zubeidi filed a petition at the High Court in which he denies any role in the alleged money laundering scheme, arguing that as chairman, he had no role in the day- to- day running of Dubai Bank.

The Chief Magistrate’s Court issued warrants of arrest for Mr Zubeidi and four other directors at the bank for allegedly running a money laundering scheme at the institution. Mr Zubeidi says he was not informed of the investigations or that he was to be charged, contrary to the law.

Mr Dutta and Baghel are accused of stealing Sh12, 639,006 between April 28, 2014 and September 14, 2014 at Dubai Bank, Kenyatta Avenue, Nairobi.

Mr Zubeidi, Mr Sheikh and Mr Nandwa are accused of failing to carry out due diligence of a customer before opening a bank account in the name of Runway Entertainment Private Limited, a company the prosecution says does not exist.

“The chairman of the board of directors has no role in opening accounts. In particular, the said account was not opened with the petitioner’s knowledge. Mr Zubeidi had no notice of any investigation or court summons in respect of the charges and the decision to prosecute him is unlawful,” he says.

The warrants were issued after Dubai Bank’s directors failed to appear in court to plead to the three charges against them.

The Dubai Bank directors were expected to appear before the Chief Magistrate’s Court on December 2 to take plea after their lawyers argued that they had not received summons and that some of them were out of the country.

Mr Dutta filed the country in May, in the middle of a Central Bank of Kenya investigation into his role in a suspect share sale guarantee scheme.
The Friday warrant is the second against Mr Zubeidi in two weeks after the High Court deputy registrar issued another call for his arrest in a civil case.

The deputy registrar had just a week earlier called for Mr Zubeidi’s arrest for failing to heed a court directive to pay Sh7 million debt he owed Jazira Agencies, a Nairobi firm.

Dubai Bank was placed under statutory management in August after a Central Bank of Kenya audit report implicated it in massive breaches of industry regulations.

The matter was fixed for mention before Chief Magistrate Daniel Ogembo on December 21 for mention.




Milimani children court chief Magistrate Lucy Gitari with her counterpart addressing court reporters at Milimani law court media briefing center on Tuesday December 1, 2015.


The judiciary has embarked to clear a backlog of 4435 cases in the children’s court which have been pending since 2002 to 2010.

This is cases that were filed and never pursuit or those who flied may have obtained orders but never ensured that the matter was heard into conclusion, thus creating backlog of cases in the children division.

Magistrates drawn from criminal division are assisting parents and guardians to understand the need to have matters concluded through settlement or the same be heard and a decision or a judgment is made.

The officers have taken the advantage of during the service week currently taking place at the judiciary to ensure parties understand why there is need to clear backlog of cases especially in the children division.

The judiciary has similar action i the civil division of the high court where thousands of cases were either dismissed  for want of prosecution or some were listed for hearing on a priority basis.

“For efficient running of the children’s court, there is need for the judiciary to manage its case load by ensuring completed cases are done away with” Chief Magistrate Lucy Gitari said.

If such efforts are made will help in budgeting, staffing and provision of resources that will ensure smooth operation of the court.

The Children’s court has jurisdiction to handle matters touching on civil that may include,
Parental responsibility, Children’s Institution, Guardianship, Custody and maintenance, Protection and  care of children, Foster care placement and Child offender

The children’s court can hear a charge against any child save  for murder or where a child is charged jointly with an adult.

Before the promulgation of the new constitution, there was no clear distinction between the custody cases, maintenance cases, guardianship or care and protection cases.

The new constitution has brought guidance and the safeguard of rights of the children the” Magistrate Gitari said.



Gatundu South Member of Parliament Moses Kuria escorted to Milimani law court basement cells after he was released on a cash bail of 1million on Monday 30,2015.
Gatundu South Member of Parliament Moses Kuria secured his freedom on Monday after depositing a Sh1 million cash bail after spending five days in police custody.
Kuria was charged with incitement to violence on Friday and the Magistrate ordered he be remanded at Kilimani police station pending the ruling on bail after Director of Public Prosecution opposed his release on bail.
Mr Ogembo said in his ruling that the MP, “a threat to national security.”


The magistrate also said that he believed that the probability of the politician repeating a similar offence “was high.”
“I am convinced that the probability is high towards repeating similar offences and also that he is a threat to national security,” Nairobi chief magistrate Daniel Ogembo said while granting the suspect bond.
Chief Magistrate Daniel Ogembo warned the Gatundu South MP against making any utterances or actions that can be “construed to mean disobedience of law”.
On Wednesday last week the learned Mr Ogemba, said the accused should be held at Kilimani police station to wait his the decision of the court as to whether he his to be released on bail or bond.

The court said the both submission from defence lawyers and the prosecution needs time for consideration.

Kuria appeared before the Chief Magistrate to plead to charges of incitement, he had earlier recorded statements with police as ordered by the director of public prosecution Keriako Tobiko.
He pleaded not guilty to charge and prosecution through Leonard Maingi strongly opposed his release on bail.

He said that accused his not remorseful and having been warned by another court not to utter words that will amount to public incitement.

Maingi said that accused has been national security threat and should be remanded in custody pending the hearing of his criminal indictment.

The prosecution told the court that on June 26, the accused while a addressing a public rally at Gatundu Stadium in Kiambu County he uttered words to effects that,
“Mimi nataka kusema, unajua yule mtu wa vitendawili alisema mimi sijui nyinyi ni militia ya jubilee. Hapa Gatundu nyinyi ni militia yangu mimi sitaki unjinga . nimewapatia mapanga kata mutu”
The incitement case against Kuria is fixed for the hearing of his case on January 27, 2016.




High court has suspended the recruitment of 172 members of staff by the Ethics and Anti- Corruption Commission (EACC).

Justice Joseph Onguto put on hold the recruitment, to allow a petition a challenging the exercise to be determined.

The petitioner Koech Kemboi, moved to court seeking orders to halt the recruitment, saying the commission is not properly constituted to conduct the exercise.

The commission is currently headed by a secretariat with Chief execute Mr Halake Wako and deputy secretary Mr Michael Mubea who have no capacity to recruit new staff.

The petitioner through his lawyer Stephen Ongaro, told the court that the EACC has no chairman and the members of the commission, saying any attempt t recruit new staff by the secretariat will be unconstitutional and illegal.

The lawyer submitted that section 18 of EACC provides that there shall be a secretariat with personnel to be determined by the commission.

Mr Ongaro told the court that, the integrity of CEO and Deputy Secretary had been questioned by parliament and a bill was passed to have them removed.

He said when the Bill was presented to the President he rejected and instead recommended that the two be vetted by the new commissioners to be appointed.
The court fixed the hearing of petition on December 4, 2015.