Tag Archives: Kenya

Kenya: Four police officers in Willy Kimani murder case to remain in custody longer

March 26, 2019

Four police officers in Willy Kimani murder case to remain in custody longer

The High Court will on May 9 this year rule on whether it will grant bail to four police officers accused of killing Human Rights Lawyer Willie Kimani and two others.

This is even as the Director of Public Prosecutions (DPP) asked the court not to release the accused persons on bail.

Through State counsel Nicholas Mutuku, the court was told that there are only six witnesses remaining in the case to testify against the accused persons who include Fredrick Leliman, Leonard Maina, Stephen Chebulet and Sylvia Wanjiku Ngugi and police informer Peter Ngugi.

During the hearing of the bail application, the court was told that the remaining testimonies are that of protected witnesses who include two civilians and four police officers.

State counsel Mutuku submitted before the court that the same circumstances that earlier led to the accused being denied bail have not changed and they still exist.

“We have already taken testimonies from 38 witnesses and only have six more witnesses in order to conclude the case,” Mutuku told the court.

Through their lawyers, the accused persons asked the court to release them on bail arguing that they are not a flight risk and that they are civil servants earning half salary.

They argued that even though there are only six witnesses remaining in the case, it is not clear as to when the case will conclude.









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Kenya: Deadly Juja Police sprayed 40 bullets in petrol station killing lawyer

March 14, 2019

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On Tuesday evening, police are said to have responded to a robbery at Lexo Petrol Station where it alleged that five people drove in a Touareg Volkswagen vehicle at around 8:30pm and immediately brandished pistols and an AK-47 rifle to the personal operating the facility.

Other reports had indicated that police had been tipped of an emerging robbery by some gangsters planning to rob the petrol station and had laid ambush.

“Police laid an ambush and challenged the criminals but they started firing at the police officers before being overpowered and gunned down. Five of them were killed,” Juja DCIO Mr. Ali Samatar said.

On that fateful night, Juja police gunned down the five suspected gangsters along the Thika Superhighway while it alleged that one escaped with the AK-47 rifle.

However, the drama in the incidence has quickly changed and it is now guns on the police after the law society of Kenya and the independent police oversight commission called on investigations to unravel how police responded to the scene.













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(Law Society of Kenya Facebook 14/03/19)

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Kenya/Canada: Miguna Miguna Announces His Highly Anticipated Return to Kenya

March 13, 2019

Self-proclaimed revolutionary intellectual Miguna Miguna is gearing for his return to Kenya following months of forced exile in Canada.

The firebrand lawyer, who was deported to Canada in February 2018 for his role in the mock swearing-in of Raila Odinga as the president, is looking to return next month.

To ensure his return goes as planned, Miguna Miguna has written to the Kenya National Commission on Human Rights (KNCHR) asking them to facilitate his comeback.

“In exercise of my birth and Constitutional rights, I wish to inform you that I intend to travel to Nairobi on a date I will publish a few days before my arrival in April 2019,” reads part of the letter.

“In accordance with your constitutional and statutory mandates, I strongly urge you to take steps to ensure that I will be granted entry into Kenya.”

Miguna is counting on a High Court ruling issued on December 4, 2018 in which Judge Chacha Mwita ruled that the Kenyan-born lawyer has never lost his citizenship as claimed by the State.

Seeing as the ruling has not been overturned, Miguna argues that the State should comply with Justice Mwita’s orders.
















Kenya/Canada: Miguna: Why I have not traveled back home despite the court order

January 22, 2019

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Embattled National Resistance Movement (NRM) Kenya leader Dr Miguna Miguna has stated the one condition he wants fulfilled for him to return to Kenya.

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The outspoken lawyer on Monday said he is ready to jet back to Kenya anytime but only after the state has returned his confiscated passport which the High Court has ordered to be returned to him.

In a tweet from Canada where he was deported to early in 2018, Miguna maintains he is a Kenyan and the decision by the Immigration Department to cancel his travel document on grounds that he is not Kenyan was done in contravention of the law.

“Some people keep asking, ‘Miguna, when are you coming back?’ I am ready to come to Kenya immediately, however, to do that, I need my valid Kenyan passport, which the High Court has ordered should be returned or issued to me unconditionally but the despots have not given me,” he said.

The former Nairobi gubernatorial aspirant’s passport was canceled by the Immigration Department on orders from Interior Cabinet Secretary Dr Fred Matiang’i following the controversial swearing-in of opposition leader Raila Odinga.

The lawyer was among NASA leaders who oversaw Raila’s inauguration, an event that calumniated in arrests of key opposition personalities including Ruaraka MP Tom Kajwang’ and his Makadara counterpart George Aladwa.





Kenya: The Kenyan Judiciary Strikes “Terror” Again in the Hearts of African Dictators

January 14, 2019

It is not too early to pass judgment that the Kenyan Judiciary along with the South African judiciary are the leading judicial lights in Africa in terms of exercising judicial autonomy and independence. This article deals with the very important decision by the Kenyan High Court on December 14, 2018 in relation to an opposition politician which demonstrates the significant advances in the calibre and independence of the Kenyan judiciary, a decision which is not conceivable anywhere else in Africa except South Africa.

The decision relates to one lawyer Miguna Miguna who was forcibly deported twice back to Canada by the Kenyan government on account that he was not a Kenyan citizen as he had allegedly lost his citizenship when the constitution was amended in 2010. In early 2018, the Kenyan government disobeyed all types of judicial orders to release Miguna who had been detained. They put him back in the plane twice and deported him.

Miguna started the long distance legal struggle from Canada to overturn government decisions and to make the government pay for the monumental human rights violations inflicted on him. He hired Kenyan lawyers who laboured without pay for their colleague. At long last, on December 14, the decision was handed down: the High Court judge Justice Mwitwa ruled that Miguna never lost his Kenyan citizenship which he had acquired by birth and that the government had committed egregious acts by revoking his passport and had further indulged in torturous violations of his human rights. They must immediately reinstate his passport and allow him back into Kenya.

On top of this, the High Court ruled that the taxpayers must not be saddled with paying the damages and costs awarded to Miguna, the damages and costs must be borne out personally by the individual officers involved: the Attorney General, the Immigration Chief, the relevant Police Inspector General and several other named officers. US$70,000. And costs. This is huge in Africa. This is revolutionary. Such orders are rare. The last recent one in Africa was when the South African High Court ordered that Zuma must pay for the costs of all legal actions that he was involved in while he was President but for crimes he had committed as an individual.

Governments have had the luxury of violating people’s rights and when and if orders were issued against governments to pay, the government’s either didn’t pay or paid because it was taxpayers money and the faceless individuals who violated someone’s rights didn’t feel the impact. If the government didn’t pay, it is difficult to determine whom to actually pursue. Governments acted with impunity. A government is faceless.




Kenya: LSK asks court to shield lawyers from DPP, DCI harassment

January 14, 2019

Tom Ojienda

The Law Society of Kenya (LSK) wants a court to stop alleged harassment and arrest of advocates over work-related matters.


The lawyers’ body filed the suit on Monday asking the court to compel sued parties to have advocates released on free bond on the basis of personal cognisance whenever they are arrested over work-related issues.


The sued parties are: Director of Public Prosecution, Director of Criminal Investigation, Inspector General of Police, Attorney-General and the Chief Justice.


“Most disturbing is the incarceration of advocates while denying them the option of bail/bond despite being officers of the court. Allowing this trend is an a front of the rule of law,” said LSK chief executive Mercy Wambua.








Kenya: Lawyer Earns Ksh4 Million After Arrest

January 9, 2019

A city lawyer has earned a tidy sum of Ksh4 million following an arbitrary arrest by the police.

The High Court on Tuesday ordered six police officers to pay lawyer Steven Nzaku the money after he was arrested and detained illegally.

Besides, the officers were ordered to pay 19 other people a total sum of Ksh3.8 million after they were apprehended and incarcerated at Ongata Rongai police station.

Making the order, Judge Reuben Nyakundi directed that no state money should be used to pay the cash implying that each of the six officers involved will have to part with Ksh1.3 million.

“I find that the petitioners are entitled to general exemplary damages in addition to a declaration on the violation of their constitutional rights,” Justice Nyakundi stated.

Following the directive, each of the 19 complainants is set to receive Ksh200,000.

In their defense, the six officers had argued that the petitioners were “idle and disorderly”.