Tuesday, February 11, 2025
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WHY ADVOCATES FROM AHMEDNASIR ABDULLAHI LAW FIRM WANT JUDGES OF SUPREME COURT REMOVED.

Seven Justices of the Supreme Court Chief Justice Martha Koome, DCJ Philomena Mwilu, Justice Mohamed Ibrahim, Dr Smokin Wanjala, Njoki Ndung'u,Isaac Lenaola and William Ouko.

BY SAM ALFAN.

Thirteen lawyers working under the law firm of Ahmednasir Abdullahi Advocates LLP have sought the removal of the entire bench of the Supreme judges over the ban imposed on them by the apex court last year.

The lawyers want in a petition filed at the Judicial Services Commission (JSC) the removal of all judges of the Supreme Court, led by Chief Justice Martha Koome.

The lawyers who filed the petition are Asli Osman Mahamud, Peter Muchoki , Irene Jelagat Koech, Esther Amboko Wanga, Cohen Amanya, Khadija Said Ali and Elizabeth Wangui Mungai.

Others are Tony Kiprotich Towett, Mohamed  Billow Abdi, Jerioth Muthoni Gatere, Omar Athman Mwararo,Hilda Mulwa Ndulu and Jemimah Aileen Masudi

They have sought the removal of CJ Koome, DCJ Philomena Mwilu, Justice Mohamed Ibrahim, Dr Smokin Wanjala, Njoki Ndung’u,Isaac Lenaola and William Ouko, from the office for gross misconduct.

The lawyers also want JSC to recommend to the President to constitute the respective Tribunals under Article 168(5) (a) abd (b) of the Constitution of Kenya, to inquire into the contents of this petition expeditiously.

“The seven Justices of the Supreme Court are unfit to hold the position of Judges of the Supreme Court of Kenya or any other position within the judiciary or continue being in office pursuant to Article 168(1) of the Constitution of Kenya for the reasons set out in this Petition,” the petitioners said.

The lawyers from FCB Mihrab based law firm claim that the individual conduct of the seven judges of the Supreme Court by banning them from ever appearing before the Supreme Court and taking briefs from clients when they were not told or informed of any offence under the laws of Kenya they committed either before the court or outside the court.

They said they were not heard on the alleged offences as framed by the court, and were secretly and in absentia tried and convicted.

The decision , they said, constitute a gross misconduct on the part of the judges of the Supreme Court.

The lawyers said the conduct of individual judges has gravely compromised the administration of justice.

“The decision of the Court is the fruition of a toxic judicial micro-culture and ecosystem where judicial impunity thrives and celebrated by the court as judicial virtue. This court regards itself to be above the laws of the land,” the court heard.

Lawyer Asly Osman Mahamud said in an affidavit that they have a vested interest in upholding the rule of law, constitutionalism, and the integrity of the Judiciary.

In addition, the crucial role that the judges of Supreme Court play in the administration of justice, the Petitioners are entitled to petition the Judicial Service Commission as they are convinced that the said Justices have committed a grave misconduct that undermines the integrity of the judicial system.

Quoting the letter banning them from appearing before the Supreme Court, the lawyers said the apex court informed senior counsel Ahmednasir that on account of his social media posts, media interviews and write-ups, he had accused the court either in its constitutive persona or individual membership, of acts of corruption, incompetence and outright bribery.

The said letter also stated that the commentary by the senior Counsel had caused damage to the reputation of the Court and the judges who have served over the years.

However, it is the lawyers’ argument that they are not aware of any defamation proceedings instituted by any of the Judges of the Supreme Court against either Mr. Ahmednasir Abdullahi SC or the lawyers as partners and associates of the Firm of Ahmednasir Abdullahi Advocates LLP.

The Supreme Court posited to Ahmednasir that it “has exercised great restraint by not deploying the punitive tools available to it against you” and that despite the caution offered to him in the case of Republic v Ahmad Abdolfadhi Mohammed & Anor, SC Petition No. 39 of 2018, the said caution appeared not to have had any “sobering effect” on him.

 “It is unfathomable what “punitive tools” may be available to the Court especially given the clear constitutional and legal limits on judicial authority exercised under the Supreme Court Act but this veiled threat materialised in a more sinister manner that came to shock the conscience of the people,”

The letter further stated…….”in view of this, the full Seven-Judge Bench of the Supreme Court of Kenya inter alia directed administratively as follows in their aforesaid letter: “…henceforth Ahmednasir shall have no audience before the Court, either by himself, through an employee of his law firm, or any other person holding his brief, or acting pursuant to his instructions”.

The lawyers from veteran Ahmednasir law firm further argue that the letter dated 18th January 2024 does not disclose the nature of business the led to the unanimous decision by the full Seven-Judge Bench of the Supreme Court. 

Further the lawyers from iconic FCB Mihrab based law firm are unable to decipher from the said letter what function under the Constitution and/or the Supreme Court Act the Judges were discharging when they arrived at the decision to ban the petitioners from the Court bearing in mind the powers vested in the Supreme Court under Article 163(2) of the Constitution.

“It is instructive to note that the aforesaid letter was only addressed to Ahmednasir SC alone. The Supreme Court did not make any effort to bring the contents of their letter in question to either of the petitioners herein despite the fact that the decision in the said letter adversely affects their rights under the Constitution,” lawyers noted.

It is also argued that though the reasoning behind the decision of the full seven-Judge Bench of the Supreme Court of Kenya is rooted in the alleged commentary by Ahmednasir SC-which commentary is permitted within the ambits of his right to freedom of expression, it is abundantly clear that the Petitioners are unjustly affected as collateral damage in the ongoing personal attack against Ahmednasir SC.

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REPRIEVE FOR KENGEN AS COURT DISMISSES SH2.5 BILLION COMPENSATION.

Kenya Electricity Generating Company (KenGen) headquarters Nairobi.

BY SAM ALFAN.

Kenya Electricity Generating Company (KenGen) has been spared the agony of compensating residents of Tana River county Sh2.3 billion after their homes and farms were flooded in 2018.

Environment and Land court Judge Mwangi Njoroge, sitting in Malindi ruled that the deadly floods in six constituencies in 2018 were as a result of climate change an ‘act of God’.

The judge said the electricity generating company did not deliberately, or even accidentally release excess water from its dams.

Former MP Ali Wario Guyo moved to court seeking compensation for six constituencies.

Wario urged the court to compensate Garsen constituency Sh.1.2 million, Galole constituency Sh200 million, Bura constituency Sh300 million, Balambala constituency Sh200 million, Fafi constituency Sh200 million.

He also wanted Garissa township constituency to be compensated Sh200 million as a result of the flooding.

In the decision, the judge said the notice issued by KenGen was adequate and the loss suffered by the residents cannot be attributed to the company, in the circumstances.

“The upshot of the foregoing is that the flooding that occurred on 24th April 2018 and its effects were not as a result of the respondent’s negligence or malice and thus the petition dated 25th January 2022 lacks merit and it is hereby dismissed,” ruled judge Njoroge in his decision.

The judge said by avoiding to store excess water and thus allowing the excess water for which the dam had no storage room to flow back into the river course, KENGEN cannot be said to have been effecting a non-natural use of the land; that outflow cannot be said to be an “escape” of water from the dams owned and operated by KENGEN.

“This court hence finds no good ground upon which to find KENGEN liable for damage occasioned by the flooding that occurred in April 2018,” ruled the court.
The judge said it cannot be said that KENGEN would be able to store within its dams more water than they were designed to contain, or that it attempted to store such excessive water.

Court observed that KENGEN should not be held liable for the flooding arising from the other rivers with natural, unregulated flow that join the Tana River at confluences located downstream of the cascade of dams.

“The word “overflow” in this case in relation to the dams cannot be deemed to have the natural meaning of a liquid or substance escaping over the edge of a reservoir,” observed the judge.

He added that the evidence from KENGEN is that there is an automatic system of channeling excess water out of the dams since it cannot be stored. This deliberate channeling through a designed spillway happens before water can fill up and escape over the dam wall and may have a bearing on the intention of averting damage to the dam wall.

“This court is persuaded that the hydro-electricity generation in the dams Seven Forks cascade are constructed in a manner that allows excess water to simply flow back into the River Tana when the dam is full; the further finding is that when that excess water flows through the spillway and back into the river without generating any electricity, it is as though it had not been harnessed by the respondent for the original purpose of the dams in the first place,” said the Malindi based Judge.

In his view, the judge said natural river courses across which dams are constructed are meant for natural river flow.

Wario also urged the court to compel KENGEN to implement the findings and recommendations made by National Assembly departmental committee on energy.

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CJ PLEADS WITH IEBC SELECTION PANEL TO REJECT INTERFERANCE WITH THEIR WORK.

Chief Justice Martha Koome together with Independent Electoral and Boundaries Commission (IEBC) selection panel members outside Supreme Court building.

BY SAM ALFAN.

Chief Justice Martha Koome has urged members of newly appointed Independent Electoral and Boundaries Commission (IEBC) selection panel to resist pressure from any quarters in executing their mandate.

The CJ urged the nine-member panel to reject influence or partisan interest that may derail the process of recruiting the IEBC commissioners and chairperson.
CJ Koome insisted that the panel should be guided by public interest and nothing more or less.

“The oath you have taken today is a solemn pledge to serve Kenya with unwavering commitment to the rule of law and the Constitution. The decisions you make will shape not just the 2027 elections, but the future of our democracy. Rise to this occasion with honour, patriotism, and a deep sense of duty. Let this process be a beacon of integrity, setting a standard for all institutions to follow,” said CJ Koome.

The members are Lindah Gakii Kiome, Prof. Adams Oloo,James Evans Misati, Nicodemus Kipchirchir Bore, Amb. Koki Muli Grignon, Caroline Kituku, Tanui Andrew Kipkoech, Dr. Nelson Makanda and Fatuma Saman.

“The weight of this task is not just in the selection process you will oversee, but in the lasting impact your decisions will have on Kenya’s democracy. The integrity, independence, and credibility of the IEBC start with you. Your duty is clear: to identify leaders of unshakable integrity, impartiality, and competence-men and women who will inspire trust in our electoral process and ensure that every Kenyan can participate in free, fair, and transparent elections,” added CJ.

Koome told the panel that the trust of the nation rests on their diligence, fairness, and transparency with which they will execute the mandate.

She urged all institutions and stakeholders involved in this process-Parliament, political actors, civil society, and the public to ensure that the recruitment of new IEBC Commissioners is conducted with speed, integrity, and transparency.

CJ Koome said the Kenyan people expect and deserve nothing less.

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BUSINESSMEN CHARGED WITH DEFRAUDING MAN SH.4.3 MILLION.

Raphael Kakule Ojiambo, Samuel Ayako Kerandi and Wilfred Gitonga Kaburu before court./PHOTO BY S.A.N.

BY PHOEBE WANJOHI.

Three people have charged with conspiracy to defraud over Sh4.3 million.

Raphael Kakule Ojiambo, Samuel Ayako Kerandi and Wilfred Gitonga Kaburu appeared before Milimani Chief Magistrate Susan shitubi and denied the charges.

Kakule and Kerandi are accused that at unknown place, jointly with others not before court conspired to defraud Festus Jason Ochola Sh. 4,358,000.

Prosecution told the court that on diverse dates between the 20th day of November and 31 December 2024 at unknown place, the two jointly with others not before court obtained Sh.4,358,000 from Ochola.

They obtained the millions by falsely pretending that you were in position to offer a commission to the said Ochola after sale of a mineral known as plutonium a fact you knew was false.

Gitonga is charged that on the 17th day of January 2025 at Luthernan Plaza along Nyerere Road in Central Business District within Nairobi County, jointly with others not before court without lawful Authority, Knowingly had in possession11,783 papers intending the same to resemble and pass as US dollars currency.

Kakule and Kerandi were released on a cash bail of Sh.500,000 and Gitonga cash bail of Sh.200,000.

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CAR DEALER CHARGED WITH SH.7.6 MILLION FRAUD.

Car dealer Derrick Muriithi Bundi after being charged charged with fraud./PHOTO BY S.A.N.

BY PHOEBE WANJOHI.

A car dealer has been charged with defrauding car buyer Sh7.6 million.

Derrick Muriithi Bundi appeared before Milimani Chief Magistrate Susan shitubi and denied fraud charges.

Bundi is accused that on diverse dates between 22nd August 2022 and 8th August 2023 within Nairobi county by means of fraudulent tricks received Sh 7,650,383 from Newton Kiragu Kareithi.

He defrauded Kareithi by falsely pretending that he was in a position to import a Toyota Prado from Japan to port of Mombasa a fact he knew to be false.

He was released on a cash bail of Sh.500,000 pending hearing and determination of the criminal case.

Prosecution has listed three witnesses to testify against Bundi

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STATE AGENCY FAULTS APPELLATE COURT IN UNEXPLAINED WEALTH ROW.

Court of Appeal Justice Mohammed Warsame,Hannah Okwengu and John Mativo.

BY SAM ALFAN.

Assets Recovery Agency (ARA) has maintained that a judgement allowing a trader to get back Sh19.6 million of unexplained wealth was erroneous.

The agency faulted the Court of Appeal faulted for holding that Pamela Aboo had explained the source of the money and it was upon ARA to prove otherwise.

The anti-money laundering agency told the Supreme Court that the explanation offered by the trader was not satisfactory.

The agency submitted that majority judgment misconstrued and misapplied the law and facts in failing to find that Civil forfeiture, under the Proceeds of Crime and Anti-Money Laundering Act, 2009 is an action against the proceeds of crime or assets and not the person. 

While submitting before Supreme Court, ARA said that civil Forfeiture under the Proceeds of Crime and Anti-Money Laundering Act is a suit or action against the proceeds of crime and assets used or intended for the commission of crime and not the person in whose possession the target assets are domiciled.

ARA added that although the majority appreciated this concept, their final analysis, conclusion and decision negated their appreciation of the concept.

The agency said the key test in civil forfeiture is absence of a satisfactory explanation on the part of Aboo.

“The evidentiary burden cast upon Pamela Aboo is to provide satisfactory explanation demonstrating the legitimate origin or source of the assets in issue,” ARA said.

The agency added that once it has demonstrated reasonable evidence to show the assets in issue are proceeds of crime, Aboo was required to offer satisfactory explanation with supporting logical evidence as to how she genuinely acquired the money.

According to ARA, the onus was therefore on the Aboo to clearly explain how she acquired the money.

“The majority judgment wrongly created a concept of differential treatment of unexplained assets in Civil forfeiture under the Proceeds of Crime and Anti-Money Laundering Act and the Anti-Corruption and Economic Crimes Act contrary to as defined under Section 2 of the Proceeds of Crime and Anti-Money laundering Act and the general object and purpose of the Act,” apex court heard.

ARA submitted that in arriving at the differential treatment concept, the judges failed to appreciate the dynamic, emerging, complex nature of money laundering.

The agency added that the court failed to appreciate the clandestine acquisition of proceeds of crime from interwoven networks of money laundering, illegitimate trade of narcotics drugs, human trafficking, high profile embezzlement of public resources and the financing of organised crimes.

ARA submitted sion that the judges wrongly arrived at the differential treatment concept with no regard to the nature, commission and trends of international serious organised crimes and the sophisticated criminal networks thus exposing national security to serious risk.

“Your lordships, it is within the realm of the Proceeds of Crime and Anti-Money Laundering Act to trace, identify, freeze or preserve and recover unexplained assets acquired unlawfully through clandestine,” ARA said.

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REGIONAL LAWYERS BODY THREATENS LEGAL ACTION AGAINST SOUTH SUDAN SOCIAL MEDIA SHUTDOWN.

South Sudan President Salva Kiir.

BY SAM ALFAN.

A regional lawyers’ umbrella body has raised concerns over a directive by the government of South Sudan to partially blockade social media platforms.

The East Africa Law Society (EALS) said the 90 days blockade announced by the National Communication Authority (NCA), was a violation of the rights of citizens of South Sudan.

NCA announced that the blockade would take effect from January 22, over recent upheavals in the country, which allegedly exposed the South Sudanese population to unprecedented levels of extreme violence through social media posts.

EALS through President Ramadhan Abubakar condemned the move saying it was against the fundamental rights of South Sudanese citizens.

“In solidarity with the South Sudan Bar Association, EALS strongly condemns the decision by the South Sudanese Government to partially block access to all social media platforms across the country,” he said in a statement.

EALS called upon the government of South Sudan to rescind the decision and restore full access to social media platforms.

“Should the National Communications Authority fail to rescind its order in reasonable time, the EALS will be compelled to join the South Sudan Bar Association and other actors in taking legal action at the East African Court of Justice and at other international avenues,” stated the EALS statement issued in Arusha.

The regional body said that while it recognizes the government’s concerns on public safety, the use of internet shutdowns and social media restrictions represents a grave and disproportionate response that violates fundamental rights of South Sudanese citizens.

“The blockage is a blatant violation of freedom of speech, expression, and access to information. These rights are guaranteed under South Sudanese laws and safeguarded under international law,” said president Abubakar.

In the statement, EALS condemned and expressed it’s support for South Sudan Bar Association (SSBA) in calling for its immediate revocation and withdrawal.

“The decision which was implemented less than 12 hours after issuance violates Article 24(1) and (2) of the Transitional Constitution of the Republic of South Sudan (as amended),” he said.

He said the constitution grants South Sudanese the right to free speech, expression and access to information.

“It is also enshrined under Article 19 of the International Covenant on Civil and Political Rights (ICCPR) and Article 9 of the African Charter on Human and Peoples Rights, which guarantee individuals the right to freely seek, receive and impart information,” said the regional legal profession body.

EALS added that the decision was a gross violation of the right to freedom of expression as outlined in Article 19 of the Universal Declaration of Human Rights (UDHR).

Article 19 states that “everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers.”

Abubakar said EALS was committed to promoting the rule of law, upholding human rights and advancing good governance across East Africa including the protection of digital rights.

“We will continue to advocate for the respect of freedom of expression and the protection of human rights as enshrined in national laws, the Treaty for the Establishment of the East African Community and International Conventions,” EALS said.

According to the 2019 Declaration of Principles on Freedom of Expression in Africa, States shall not interfere with the right of individuals to seek, receive and impart information through any means of communication and digital technologies, through measures such as the removal, blocking or filtering of content, unless such interference is justifiable and compatible with international human rights law and standards.

States shall also not engage in or condone any disruption of access to the internet and other digital technologies for segments of the public or an entire population.

The regional body said these binding international standards make it unequivocally clear that internet shutdowns are a violation of basic human rights.

“As a member of the East African Community (EAC) and a signatory to multiple international human rights conventions, South Sudan is obligated to uphold the principles of freedom of expression and access to information rather than restrict them,” he said.

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MAN IN COURT OVER SH230 MILLION LAND FRAUD.

Peter Wanjema Mwangi before court where he denied defrauding businessman millions./PHOTO BY S.A.N.

BY NT CORRESPONDENT.

A man has been charged with conspiracy to defraud businessman land worth Sh230 million.

Peter Wanjema Mwangi appeared before Milimani Senior Principal Magistrate Gilbert Shikwe and denied the charges.

It is alleged that on or before 16th June in the year 2010 at unknown place jointly with others already before court, Mwangi conspired to defraud John Irungu Huma land reference number 209/11391 IR.76726 measuring 1.300Ha valued at approximately Sh.230 million.

Mwangi conspired by falsely pretending that he had genuinely been allocated the said parcel by Nairobi City County, a fact

He was released on a bond of Sh1 million or cash bail of Sh600,000 pending hearing and determination of the criminal case.

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MAN SUSPECTED OF DEFRAUDING BUSINESSWOMAN SH40 MILLION TO KNOW WHETHER HE WILL REMAIN I. CUSTODY FOR 10 DAYS.

businessman Pincrous Mwandiki Geoffrey alias John Ireri before court./PHOTO BY S.A.N.

BY SAM ALFAN.

A Nairobi court will rule on Thursday whether to detain businessman Pincrous Mwandiki Geoffrey alias John Ireri for ten days as sought by police.

Mwandiki was arrested over allegations of obtaining Sh40 million from businesswoman who wanted the money exchanged to US dollars.

Milimani Magistrate Gilbert Shikwe set the ruling for Thursday after the investigating officer asked for more time to conclude investigations into the fraud.

Police Constable Stephen Kibei attached to Directorate of Criminal Investigations (DCI) Kilimani filed a miscellaneous application seeking to detain Mwandiki.

“The continued detention of the respondent (Mwandiki) herein who has promised cooperation is immensely necessary for the furtherance and finalizing of the investigations. His release could further lead to interference with the investigations and may continue to defraud unsuspecting Kenyans through his fraudulent schemes,” Kibei told the court.

Kibei told the court at the time of arrest, Mwandiki was in possession of a Samsung mobile phone paired with two safaricom sim cards.

The items were seized as exhibits and the police believe they contain crucial evidence that will aid in finalizing the investigations.

The complainant Fatuma Hassan Abdullahi reported that she was approached at her residence in Pangani in November 2024.

She said the person identified as Hassan and well known to her was accompanied by Mwandiki and who allegedly offered to assist her change Kenya Shillings to USD at a favorable rate of Sh 110 to one dollar.

She said both Mwandiki and his accomplices continued to lure her into non-existent deal and she fell for their fraudulent tricks.

The police said she was taken to an un-marked office situated along River drive in Kileleshwa and shown a huge safe box containing purported US currency.

The complainant believing the deal could generate good profits, she went ahead to source for the Kenya shillings and she gave the tricksters Sh40 million in cash on diverse dates between the month of November, 2024 to Mid- January, 2025

After receiving the money, Mwandiki and his accomplices allegedly began to take the complainant in circles until they signed a document with Mwandiki committing to deliver the money as agreed.

Mwandiki and his accomplices later switched off their mobile phones forcing Fatuma to seek police assistance.

Kibei told the court that preliminary investigations have also revealed that Mwandiki is a notorious Non- existent USD Currency exchange fraudster and has defrauded several Kenyans of their heard earned monies and by luring them through fraudulent tricks into venturing into Non- existent USD Currency exchange business.

Mwandiki was escorted to Kilimani Police Station where he booked on January 21st 2025 for the offences of Conspiracy to defraud contrary to section 317 of the Penal Code and Obtainig money by false pretenses contrary to section 313 of the Penal Code, CAP 63 laws of Kenya.

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POLICE ALLOWED TO DETAIN MAN SUSPECTED OF KILLING WIFE FOR 21 DAYS.

BY SAM ALFAN.

A 29-year-old man suspected of murdering his girlfriend and cutting her body parts to pieces will remain in police custody for 21 days.

John Kyama Wambua will remain in custody for three to allow the police to conclude investigations into the gruesome murder.

Wambua was intercepted by police on patrol while carrying a suspicious bag, and which on examination was found to contain human body parts.

On interrogation, Wambua allegedly confessed to the police that he had killed his 19-year-old wife, for suspecting her of sleeping with another man.

DCI through corporal Kassim Yakub further asked the court to authorize Mathare National Teaching and Referral Hospital to conduct mental assessment on the suspect.

“I pray this court to grant me with an order to detain the respondent at Ruaraka police station for twenty one (21) working days to enable me to conclusively investigate this matter,” Kassim told the court.

Kassim told the court that he was investigating murder case.

Wambua is suspected to have been involved in the murder of Joy Frida Munani on the 20th January, 2025 at Kasanova area within Huruma.

The officer said police on patrol stopped him and conducted search on the said bag and discovered human body parts (thoraxic part) stashed in a nylon cement carrier.

” Upon interrogation Wambua led the officers to his house where some other parts of the body were recovered and he confessed they belong to his wife Joy Fridah Munani (deceased) the matter was booked at Huruma police station vide OB no.17/21/01/2025 at 0650hrs,” Investigating officer told the court.

Wambua is alleged that he found his wife Joy Fridah Munani (deceased) with another man and when they got to the house an argument issued that led to him commit the act and later chopped the body in order to dispose it.

Police officers from Huruma Police Station and DCI Starehe, acting on the said report and through the help of officers from Crime Research and Intelligence Bureau did site analysis and recovered one of the murder weapons.

In the meantime, investigations into the circumstances and facts surrounding the murder incident and involvement or otherwise of the respondents are incomplete as several key issues have not been covered.

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