Court of Appeal upholds Sonko election victory

Bernice Mbugua @BerniceMuhindi The Court of Appeal has upheld the High Court decision that dismissed an election petition against Nairobi Governor Mike Sonko. Justices Kathurima M’Inoti, Roselyn Nambuye and Gatembu Kairu ruled that discretion belongs to the trial court and not the appellate court and thus it cannot interfere with the discretion of the trial …

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DPP seeks court order to arrest Wanjigi over ‘illegal firearms’

Photo of Jimmy Wanjigi

Bernice Mbugua @BerniceMuhindi The Director of Public Prosecutions wants a Nairobi court to set aside orders that stopped the arrest and prosecution of businessman Jimi Wanjigi in relation to firearm possession. Senior assistant DPP Andrew Mule claims Wanjigi continues to be a threat to public safety and is likely to commit serious and heinous crimes …

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Court annuls ‘stamps on drinks’ KRA policy

Bernice Mbugua @BerniceMuhindi The High Court has quashed the order by the Treasury and the Kenya Revenue Authority to affix Excise Stamps through Excise Goods Management System (EGMS) on bottled water, non-alcoholic beverages and cosmetics. Justice John Mativo (pictured) ruled that the legal notice of March 2017 was enacted in a manner inconsistent with the …

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Courts acquits Mangiti, others of NYS fraud

Bernice Mbugua @BerniceMuhindi Former Devolution Principal secretary Peter Mangiti and 23 others accused of conspiracy to steal Sh47.6 million from National Youth Service (NYS) were on Friday acquitted by a Nairobi court. Mangiti and 23 other suspects were let off the hook after trial magistrate Lawrence Mugambi of the Anti-corruption Court ruled that the prosecution …

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Court declines to quash controversial election laws

Bernice Mbugua @ BerniceMuhindi Controversial election laws passed in chaotic manner in December 2016 by Members of Parliament will not be quashed, the High Court has ruled. Justice George Odunga, however, declared that the manner in which the parliamentary proceedings were conducted was largely unprocedural and contrary to the law. In his judgment, he noted …

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Court summons Matiang’i, Boinnet

Bernice Mbugua @BerniceMuhindi Interior Cabinet secretary Fred Matiang’i and Inspector General of Police Joseph Boinnet have been summoned to appear in court to show cause why they should not be held in contempt for failing to reinstate Kalonzo Musyoka’s security detail. High Court judge Roselyn Aburili ordered the two to appear on or before April …

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Woman in KNH baby theft saga detained for three more days

Bernice Mbugua @BerniceMuhindi A Nairobi court has detained for three more days a woman accused of stealing a baby at the Kenyatta National Hospital. Nairobi Chief Magistrate Francis Andayi allowed police to continue holding Edinah Kerubo Mabuka after another complainant surfaced, accusing her of stealing her child. The suspect was arrested in Kawangware on February …

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State wants case on same sex relations dismissed

The government wants the court to dismiss a case that seeks to overturn some provisions in the Constitution that make it illegal for consensual same sex relations. The Office of the Attorney General through lawyer Jeniffer Gitiri claims that decriminalising section 162 and 165 of the Penal Code is unconstitutional and would be equivalent to …

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KNH baby theft saga suspect remanded

Bernice Mbugua @BerniceMuhindi The woman accused of stealing a baby at Kenyatta National Hospital has been detained for five days at Kilimani Police Station for the police to conclude investigations Ednah Kerubo will be arraigned in court on Monday after Senior principal magistrate Kennedy Cheruiyot allowed an application by the police to lock her up. …

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Court directs police boss to reinstate Nasa MPs’ security

Bernice Mbugua @BerniceMuhindi The high court has suspended the directive by Inspector General of Police Joseph Boinnet withdrawing police security of 141 Nasa MPs. Justice Roselyne Aburili further suspended the government’s decision to withdraw Homa Bay Town MP Peter Kaluma’s firearm licence. “The petitioners are State officers who are entitled to security and withdrawing their …

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Nasa MPs sue State over guns, guards recall

Bernice Mbugua @BerniceMuhindi More than 100 National Super Alliance (Nasa) MPs have moved to court to challenge the government’s move to withdraw their police security and revoke their firearm certificates. The 141 legislators have sued Inspector General of Police Joseph Boinnet, Firearms Licensing Board and its secretary Samwel Kimaru and want the court to suspend …

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CJ to establish Bench to hear assemblies’ case

Bernice Mbugua @BerniceMuhindi A case in which the Attorney General has sued 14 County Assemblies for establishment of “people’s assemblies” has been referred to the Chief Justice to constitute a Bench for hearing. Justice Chacha Mwita ruled that the matter raises substantive points of law and the Constitution but required higher jurisdiction. “I satisfy this …

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Four Jamhuri students charged with assault

Bernice Mbugua @BerniceMuhindi Four students from Jamhuri High School Nairobi were yesterday charged with two counts of assault causing bodily harm during a school fight that occurred last week on Tuesday. David Nzomo, Brian Oswego, Clinton Omuga and Moses Ouma appeared before Milimani chief magistrate Francis Andayi and denied the two counts. According to the …

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Court suspends directive on new currency tender

Bernice Mbugua @BerniceMuhindi The High Court has suspended the decision by Public Procurement Administrative Review Board (PPARB) that declared the tender issued to De La Rue International Limited to print and supply new design currency as unlawful. Justice George Odunga issued the temporary orders to Central Bank of Kenya (CBK) and De La Rue after …

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Court suspends SRC order on MCAs’ pay

Bernice Mbugua @BerniceMuhindi The High Court has suspended the Gazette Notice by the Salaries and Remuneration Commission (SRC) which reduces perks and benefits for State officers in county governments. Justice Chacha Mwita issued the temporary orders following a suit by members of County Assemblies challenging the Gazette Notice. The judge directed the matter be mentioned …

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Victory for Kajwang’ as Ongoro case flops

Bernice Mbugua @BerniceMuhindi The High Court yesterday upheld Ruaraka MP TJ Kajwang’s victory. Justice Richard Mwongo dismissed allegations levelled against Kajwang’ by his opponent Elizabeth Ongoro, who had filed the election petition. Ongoro wanted the court to declare that the non-compliance, irregularities and improprieties in the Ruaraka parliamentary election were substantial and significant that they …

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Sonko asks court to block payments

Bernice Mbugua @BerniceMuhindi Nairobi Governor Mike Mbuvi Sonko now wants the court to suspend payments to all creditors following a debt of Sh60 billion. Through lawyers Elias Mutuma and Thomas Letangule, Sonko says that his county government’s liabilities as at June 30, a period prior to the new administration coming into office stood at Sh56 …

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Wajir governor files notice to appeal court’s decision nullifying his victory

Bernice Mbugua @BerniceMuhindi Wajir Governor Mohamed Abdi Mahamud has filed a notice of appeal against a decision of the High Court which declared his election null and void. Through lawyer Tom Macharia, the governor intends to appeal the said decision after he was dissatisfied with it. Macharia states that the appeal will be filed at …

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High Court declines to lift ban on shisha use

Bernice Mbugua @BerniceMuhindi A ban on shisha will remain in force until a case challenging it in court is heard and determined. High Court judge Roselyn Aburili yesterday declined to lift the ban imposed by Health Cabinet secretary Cleopa Mailu and directed the petition to proceed. “Where there are losses to the shisha business or …

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Court nullifies Wajir Governor’s election

Bernice Mbugua @BerniceMuhindi Wajir Governor Mohammed Abdi has lost his seat after the High Court on Friday declared his election null and void. Justice Alfred Mabeya, who was handling the election petition challenging Abdi’s win, ruled that the governor was not validly elected or cleared to run for the seat. Mabeya said Abdi did not …

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