Kenya Insights

Tag: Danstan Omari

  • Safaricom Faces Avalanche of Lawsuits Over Data Privacy as Acquitted Student Demands Sh200mn Compensation in 48 Hours

    Safaricom Faces Avalanche of Lawsuits Over Data Privacy as Acquitted Student Demands Sh200mn Compensation in 48 Hours

    Safaricom PLC, Kenya’s dominant telecommunications operator with more than 46 million subscribers, finds itself at the centre of an escalating legal storm that lawyers warn could unleash a torrent of constitutional petitions challenging how the company has handled customer data when cooperating with law enforcement agencies.

    The crisis was triggered by a ruling handed down on February 19 by Principal Magistrate Carolyne Nyaguthii Mugo at the Milimani Chief Magistrate’s Court in Nairobi, which acquitted David Oaga Mokaya, a 24-year-old university student, of cybercrime charges.

    Prosecutors had alleged that Mokaya published a manipulated social media image depicting a funeral procession with a casket draped in the Kenyan flag, captioned as showing President William Ruto’s body leaving Lee Funeral Home.

    The magistrate threw out the charges under Section 215 of the Criminal Procedure Code, finding that the prosecution had failed to prove its case beyond reasonable doubt. Crucially, she excoriated investigators for seizing and forensically examining Mokaya’s electronic devices without first obtaining valid court orders — a procedural failure she said rendered the evidence obtained constitutionally inadmissible.

    Within hours of the acquittal, Mokaya’s legal team — comprising advocates Danstan Omari, Shadrack Wambui, and Martina Swiga — issued a 48-hour demand notice to Safaricom PLC, seeking Sh200 million in damages for what they describe as the unlawful disclosure of their client’s location data and personal information to investigators in the absence of a court order.

    The demand threatens constitutional proceedings at the High Court’s Constitutional and Human Rights Division should Safaricom decline to admit liability.

    ‘For the police to obtain your location or personal data from Safaricom, they must first obtain a court order. Without that order, any disclosure is unconstitutional.’ Danstan Omari, advocate for David Mokaya

    The ‘Hard Place and the Rock’ Dilemma

    Legal analysts and market observers are already describing Safaricom’s predicament as a no-win situation. If the company contests the claim and loses at trial, it faces the prospect of opening the floodgates to thousands of similar lawsuits from Kenyans who believe their data was shared with the Directorate of Criminal Investigations (DCI) or other security agencies without judicial authorisation.

    Conversely, should the company settle out of court, the precedent set by even a confidential agreement could embolden further claimants.

    The stakes are particularly high given what lawyers describe as systematic and longstanding data-sharing practices between Safaricom and law enforcement.

    In November 2024, an investigation by journalists Namir Shabibi and Claire Lauterbach, published in partnership with Kenya’s Daily Nation, alleged that Safaricom had, for years, given security agencies virtually unfettered access to subscriber data — including call data records (CDRs) and real-time location information — without court orders, facilitating the tracking of suspects later linked to enforced disappearances and extrajudicial killings.

    The Kenya Human Rights Commission (KHRC) and Muslims for Human Rights (MUHURI) issued a formal open letter to Safaricom in late 2024 demanding an accounting of the allegations and warning of legal consequences.

    Safaricom, through its lawyers, denied the allegations as “not only false but also malicious.” The company has maintained publicly that it shares customer data only when “explicitly required via a court order.”

    A Company Already Besieged

    The Mokaya case is far from the only data-related litigation confronting the Nairobi Stock Exchange-listed company.

    In 2025, Safaricom was named as a defendant in a KES 1.432 billion lawsuit filed in February, arising from an alleged breach of a central development server in its finance department that is claimed to have exposed approximately 43 million customer records.

    That suit also names the Attorney General and the Director of Public Prosecutions, with the complainant alleging that the DCI and the Serious Crimes Unit conspired with Safaricom to suppress evidence and fabricate exhibits.

    Separately, two former senior Safaricom managers stand accused in both civil and criminal proceedings of extracting and attempting to sell personal data belonging to 11.5 million subscribers — approximately 23 per cent of the company’s customer base — to a major sports betting firm.

    That data cache included full names, national ID numbers, passport numbers, M-Pesa transaction histories, precise location data, and gambling records, representing what some have characterised as potentially the largest corporate privacy violation in African history. The civil case, in which settlement talks collapsed in October 2025, is now headed for a full hearing.

    In February 2025, the Office of the Data Protection Commissioner (ODPC) ordered Safaricom and Becton Dickinson East Africa to pay damages of Sh250,000 each for unlawfully processing the personal data of a former employee, Catherine Kainyu Murithi, without her consent — a ruling that, while modest in quantum, established a precedent for regulatory accountability.

    ‘The David Mokaya case is a landmark decision that is going to bring sanity to the telecommunications sector.’ Danstan Omari, advocate

    The Constitutional Framework

    Kenya’s Data Protection Act, enacted in 2019, established comprehensive obligations on data controllers and processors, including telecommunications companies, prohibiting the sharing of personal data without the data subject’s consent or a lawful basis such as a court order.

    The Act is enforced by the ODPC, which has gradually stepped up its regulatory posture in recent years.

    The constitutional dimension of the Mokaya claim rests primarily on Article 31, which guarantees every person the right to privacy including in respect of their communications, home, and personal information, and Article 28, which protects human dignity.

    The legal team argues that personal data — messages, contacts, location, and financial records — are extensions of a person’s dignity and are entitled to heightened protection.

    The Milimani ruling reinforces a growing body of Kenyan jurisprudence holding that electronic devices attract “heightened constitutional protection” by virtue of the extensive personal data they contain, and that any search or extraction of that data must be preceded by proper judicial authorisation.

    The magistrate’s explicit condemnation of the investigators’ failure to produce valid warrants during the Mokaya trial is already being cited by legal practitioners as a significant elaboration of digital rights standards.

    Potential Floodgate of Claims

    Human rights lawyers and civil society organisations warn that the Mokaya judgment, if the constitutional petition proceeds and succeeds, could open the way for a far larger wave of litigation.

    Thousands of Kenyans who were arrested, prosecuted, or subjected to surveillance in cases that relied on subscriber data shared by Safaricom without a court order may now have a constitutional cause of action against the company.

    The 2024 anti-Finance Bill protests, during which civil society groups accused Safaricom of facilitating the tracking of demonstrators in real time, generated particular public anger and are likely to produce their own tranche of potential claimants.

    Advocate Omari described the forthcoming petition as “potentially precedent-setting,” arguing it would compel the courts to definitively resolve how telecommunications companies must balance cooperation with law enforcement against their constitutional and statutory obligations to subscribers.

    Danstan Omari.

    “This case could redefine how telecom companies cooperate with law enforcement agencies,” he said, adding that its implications for digital surveillance practices would be “far-reaching.”

    In Kenya, courts have already allowed class action suits to proceed against Safaricom, with the High Court in an earlier case permitting senior counsel to publish notices inviting subscribers to join constitutional petitions.

    The legal infrastructure for aggregated claims therefore already exists and is familiar to the judiciary.

    Safaricom’s Position and Commercial Exposure

    Safaricom, which reported revenues of Sh311.6 billion in its most recent financial year and holds a dominant position in Kenya’s mobile money ecosystem through its M-Pesa platform, has not publicly responded to the Mokaya demand notice as of the time of publication.

    The company’s published privacy policy states that it does not share customer information unless required by law or a court order, and it holds multiple internationally recognised data security certifications, including ISO 27701 and ISO 27001.

    It is regulated by the ODPC, the Communications Authority of Kenya, and the Central Bank of Kenya.

    The company has historically maintained that interactions with its Law Enforcement Liaison Office operate within the bounds of the law.

    However, critics argue that the very existence of a dedicated liaison structure facilitating data flows to security agencies — particularly given findings about CDR handling and alleged manipulation of records surfaced in investigative journalism — points to systemic practices that courts have yet to fully scrutinise.

    Investors tracking Safaricom’s shares on the Nairobi Securities Exchange will note that a sustained legal campaign, particularly one that captures public attention and attracts additional petitioners, carries not only direct financial liability but reputational damage in a market where trust in data stewardship is increasingly valued by both consumers and institutional stakeholders.

    What Happens Next

    The 48-hour ultimatum issued to Safaricom expired on February 22, 2026. Should the company fail to respond or decline to admit liability, Omari has committed to filing a constitutional petition at the High Court the following Monday morning.

    A successful petition seeking Sh200 million in damages would, legal practitioners note, not be the end but the beginning: it would crystallise a cause of action that tens of thousands of Kenyans could replicate.

    The case also arrives at a moment of heightened scrutiny for the relationship between African telecommunications companies and state security apparatus more broadly.

    From Nigeria to Ethiopia to South Africa, regulators and civil society groups have pushed for clearer legal frameworks governing when and how network operators may disclose subscriber data to authorities.

    The outcome of the Mokaya constitutional petition, and any eventual class action that follows, is therefore likely to be watched beyond Kenya’s borders.

    For Safaricom, caught between the demands of law enforcement agencies that depend on its cooperation and the constitutional rights of the 46 million subscribers whose data it holds, the Mokaya case has crystallised a tension that the company can no longer defer.

    The question now is not whether it will face a wave of data privacy litigation, but how large and how organised that wave will be.

  • Omari Threatens Safaricom With Sh1 Trillion Lawsuit Over Mass Data Breach Following Mokaya’s Landmark Ruling

    Omari Threatens Safaricom With Sh1 Trillion Lawsuit Over Mass Data Breach Following Mokaya’s Landmark Ruling

    NAIROBI, Kenya — Firebrand lawyer Danstan Omari has fired the opening salvo of what could become the most consequential legal battle in Kenya’s telecommunications history, threatening to drag Safaricom into a Sh1 trillion class action lawsuit on behalf of millions of Kenyans whose private data he claims the company has been routinely handing over to the Directorate of Criminal Investigations without court orders.

    The explosive threat comes hours after the Milimani Chief Magistrate’s Court acquitted university student David Mokaya on Thursday in a ruling that tore through the prosecution’s case and landed squarely on the doorstep of Kenya’s most profitable corporation.

    Omari, never one to speak in whispers, went straight for the jugular.

    “Safaricom must send us a cheque of 200 million shillings by Monday for giving David Mokaya’s location to DCI,” the lawyer declared. “Failure to do so will lead to the biggest lawsuit of the century, that will see them pay over 1 trillion shillings to all Kenyans whom they have leaked their data.”

    The warning landed like a thunderclap across the country’s corporate and legal landscape. If Omari makes good on his promise, Safaricom, which serves over 42 million subscribers and commands a market capitalisation that makes it the largest company on the Nairobi Securities Exchange, could find itself defending not one aggrieved client but an entire nation.

    The ruling that started it all

    Principal Magistrate Carolyne Nyaguthii Mugo acquitted Mokaya under Section 215 of the Criminal Procedure Code after finding that prosecutors had failed to prove their case against him in Criminal Case No. MCCR/E1161/2024.

    Mokaya had been charged under Section 22(1) of the Computer Misuse and Cybercrimes Act following his alleged publication of an image depicting a funeral procession with a casket draped in the Kenyan flag on November 13, 2024, captioned “President William Ruto’s body leaves Lee Funeral Home.”

    But it was not the content of the post that undid the prosecution. It was the manner in which investigators went about their work. Magistrate Mugo found that Mokaya’s electronic devices were seized unlawfully and subjected to forensic examination without judicial authorisation.

    The court went further, emphasising that electronic devices attract heightened constitutional protection given the volume of personal data they contain, and that cybercrime investigations must strictly comply with legal procedure.

    The prosecution, the court held, had also failed to conclusively link Mokaya to the social media post. He walked free.

    Safaricom in the crosshairs

    Omari’s attention then turned from the state to the telecoms giant, and his language left little room for diplomatic interpretation.

    He argued that Safaricom violated Article 31 of the Constitution, which guarantees every person the right to privacy, including the right not to have their personal data collected or shared without consent or a valid court order.

    “For the police to obtain your location or personal data from Safaricom, they must first obtain a court order. Without that order, any disclosure is unconstitutional,” Omari said.

    He further invoked Article 28, the constitutional provision protecting human dignity, arguing that personal data, private communications, contacts and location information are inseparable from a person’s dignity.

    “Your personal data, your messages, your contacts, and your location are part of your dignity and privacy. These rights were violated,” he said.

    Omari told The Star that his legal team has already issued a formal demand letter to Safaricom seeking the initial Sh200 million in compensation for Mokaya’s case alone. He said if the company does not respond satisfactorily before Monday morning, his team will be at the High Court’s Constitutional and Human Rights Division at 10 a.m. to file the constitutional petition.

    And from there, he warned, the case expands dramatically. Every Kenyan whose data Safaricom has disclosed to law enforcement without a court order, he argued, has a justiciable claim.

    A system under scrutiny

    Legal observers say the Mokaya ruling has cracked open a conversation that Kenya’s security establishment has long preferred to keep behind closed doors. The relationship between telecommunications companies and law enforcement in Kenya has operated in a grey zone, with the DCI regularly accessing call records, location data and subscriber information in the course of investigations. The mechanics of how that access is granted, and whether court orders are routinely obtained, has rarely faced this level of judicial scrutiny.

    The Data Protection Act of 2019 is explicit in its requirements around consent and lawful basis for processing personal data. Critics have long argued that implementation has lagged, particularly where national security or criminal investigations are invoked as justification.

    Omari is betting that the Mokaya ruling gives him precisely the judicial foundation he needs to challenge that system.

    “The David Mokaya case is a landmark decision that is going to bring sanity to the telecommunications sector,” he said.

    The stakes

    Safaricom has not publicly responded to the threats as of the time of publication. The company, which processes billions of transactions daily and sits at the centre of Kenya’s digital economy through its M-Pesa mobile money platform, has in the past cooperated closely with investigative agencies.

    Whether Omari’s trillion-shilling threat is legal theatre or the beginning of a genuine class action that reshapes the relationship between big telecom and Kenyan citizens will become clearer on Monday. What is certain is that Magistrate Mugo’s judgment has set something in motion that neither Safaricom nor the DCI had anticipated when they built their case against a university student over a social media post.

    David Mokaya went to court facing prosecution. He left it holding a potential weapon. And his lawyer has pointed it at one of the most powerful corporations in East Africa.

  • Court Told How EABL Has Exploited Artists, Influencers in Campaigns

    Court Told How EABL Has Exploited Artists, Influencers in Campaigns

    A bitter legal battle has erupted at the Milimani Law Courts where lawyers representing media personality Willis Raburu have accused East African Breweries Limited of systematically exploiting artists and influencers in its marketing campaigns.

    The allegations emerged during proceedings in which Steizon Limited, a digital communication company owned by Raburu, is suing EABL and its marketing agent Game Changer Marketing Limited for allegedly withholding KSh10 million owed for work delivered during the Furaha City Festival held on December 7, 2024.

    Lawyer Martina Swiga, part of the legal team acting for Steizon alongside Danstan Omari, told the court that the non-payment represents a gross violation of artists’ rights and contractual obligations.

    She described the case as emblematic of a broader pattern where corporate entities engage creative professionals for major campaigns but fail to honour payment agreements.

    According to court documents, Steizon entered into a binding agreement with Game Changer Marketing Limited, which was acting as EABL’s agent, to provide comprehensive promotional and event coordination services for what was marketed as the Wabebe Experience during the festival.

    The scope of work was extensive.

    Steizon claims it delivered influencer engagement, digital promotion, brand visibility enhancement, logistical execution, security collaboration, media coordination and full event management.

    The company says it produced over 60 video reels, more than 100 static posts, and achieved a social media reach exceeding one million users.

    In a sworn statement filed before the High Court in Nairobi, Willis Wayne Raburu, director of Steizon Limited, detailed his personal involvement in the project.

    He said he supervised teams, coordinated artists and influencers, oversaw media production and ensured smooth execution of the event.

    Despite fulfilling all contractual obligations, Raburu told the court, the agreed payment of KSh10 million has never been remitted.

    He said after the event concluded, Steizon was instructed to prepare a detailed report to facilitate payment processing.

    The company complied and submitted the report, only for Game Changer Marketing to allegedly redirect them to another entity rather than settling the outstanding dues.

    The legal team argues that such practices have become disturbingly common in Kenya’s creative industry, where artists and content creators invest significant resources, time and talent into corporate campaigns only to face payment delays or outright refusal to honour agreements.

    Raburu’s lawyers told the court that the failure to pay has caused severe financial strain on Steizon Limited.

    Beyond the immediate monetary loss, they argue the company’s reputation has been tarnished, affecting its ability to secure future contracts and maintain operational stability.

    Steizon is now asking the court to declare the contract binding and enforceable.

    The company wants both Game Changer Marketing Limited and EABL compelled to jointly and severally pay the outstanding KSh10 million. Additionally, Steizon is seeking damages for financial losses suffered and compensation for reputational harm.

    The case has drawn attention to the power imbalance between major corporations and creative professionals in Kenya’s advertising and events industry.

    Legal experts say many artists and influencers work without proper written contracts or legal representation, making them vulnerable to exploitation.

    Industry observers note that while brands readily leverage the reach and influence of content creators to drive sales and brand visibility, payment disputes remain a persistent challenge.

    In many instances, creative professionals lack the resources to pursue legal action against well-funded corporations, leading to a cycle where such practices continue unchecked.

    The lawsuit against EABL, one of Kenya’s most prominent corporate entities, signals a potential shift where artists are increasingly willing to seek legal redress for unpaid work.

    The outcome of this case could set an important precedent for how contractual obligations between brands and creative professionals are enforced in future.

    EABL and Game Changer Marketing Limited had not filed their responses to the suit at the time of going to press.

    The matter is pending before the High Court, with parties expected to appear for directions in the coming weeks.

  • Court Orders IPOA Official to Explain How OCS Talaam’s Phone Was Used for Extortion While in Custody

    Court Orders IPOA Official to Explain How OCS Talaam’s Phone Was Used for Extortion While in Custody

    Defence lawyers allege fraudulent messages were sent from the detained officer’s device, including demands for KSh 80,000 from prominent lawyer

    A Nairobi magistrate has summoned a senior Independent Policing Oversight Authority (IPOA) official to court following explosive allegations that a mobile phone belonging to detained Nairobi Central Police Station OCS Samson Talaam has been used to extort money from the public while under official custody.

    Magistrate Benmark Ekhubi on Wednesday ordered Senior Assistant Director of Investigations at IPOA, Abdirahman Jibril, to appear in court on Friday to explain how the device, which was surrendered to investigators on June 16, could have been misused for fraudulent purposes.

    The shocking revelations emerged during court proceedings where Talaam, who is being investigated in connection with the death of Albert Ojwang’, was ordered to remain in custody for 15 days pending investigations.

    Defence lawyer Dunstan Omari told the court that prominent criminal lawyer Cliff Ombeta had received a message from Talaam’s phone number requesting KSh 80,000, purportedly to help “rescue” the detained OCS.

    “Your Honour, we have credible evidence that individuals, including respected lawyer Cliff Ombeta, have received messages from Talaam’s number requesting money. The phone is being used for fundraising with claims that the OCS is in trouble and needs financial help,” Omari argued before the court.

    The defence team revealed that the fraudulent messages appear to be part of a wider scheme, with family members of the OCS also reporting receiving distressing messages from the same number that should have been securely stored by IPOA investigators.

    The allegations have raised serious questions about the security protocols at IPOA, particularly regarding the handling of exhibits in high-profile cases.

    Omari emphasized that both the phone and its password are supposed to be in IPOA’s possession under secure storage conditions.

    “IPOA commissioners are the custodians of that phone and the corresponding passwords. If that phone is being used to swindle Kenyans while under IPOA’s watch, then someone must be held accountable,” the defence lawyer urged.

    The court heard that IPOA had made a “spirited fight” to gain access to the phone, with the defence not objecting to the request in recognition of the authority’s constitutional mandate.

    State Prosecutor Victor Awiti acknowledged the gravity of the accusations, stating that the prosecution could not “outrightly deny these allegations.”

    However, he noted that the investigating officer had confirmed the phone was currently switched off and stored safely.

    Awiti urged the defence to file a formal complaint to enable proper investigation into the matter, while the Office of the Director of Public Prosecutions is expected to respond to the allegations through IPOA on Friday.

    Speaking to reporters outside the courtroom, lawyer Cliff Ombeta confirmed receiving the fraudulent request, expressing shock at the incident.

    “I was shocked. I know the probe is ongoing on the phones of my client the OCS, but when I received a message asking for Sh80,000 to help ‘rescue’ the OCS, I knew something was very wrong. That number should not be in use, let alone for fraud,” Ombeta stated.

    Magistrate Ekhubi took a stern view of the allegations, emphasizing the need for transparency and accountability from oversight bodies.

    “These are grave allegations. The integrity of constitutional offices must not be put into question. Mr Jibril must appear before this court to explain how a phone in IPOA’s custody could be used in such a manner,” the magistrate ruled.

    OCS Talaam is currently under investigation following the death of Albert Ojwang’, with the case having attracted significant public attention.

    The phone in question was surrendered to IPOA as part of the ongoing investigation into the incident.

    The defence has indicated it will press for the appearance of senior IPOA officials in court should the explanation from Jibril prove unsatisfactory when he appears on Friday.

    The matter is expected to be mentioned again on Friday, with Mr. Jibril’s anticipated appearance likely to provide crucial insights into how such a security breach could have occurred under IPOA’s watch.

  • Lawyer Danstan Omari Rips Apart Constable Mukhwana’s Statement in Ojwang Death Case

    Lawyer Danstan Omari Rips Apart Constable Mukhwana’s Statement in Ojwang Death Case

    The death of blogger Albert Ojwang continues to shake the foundations of Kenya’s law enforcement system.

    On Monday, Constable James Mukhwana shocked the country by implicating top police officers, including Deputy Inspector General Eliud Lagat and Nairobi’s OCS Samson Talaam, in the brutal killing.

    But just a day later, veteran lawyer Danstan Omari questioned the credibility of Mukhwana’s claims, warning the public and investigators not to treat the statement as gospel truth without proper legal scrutiny.

    Omari’s fierce response now places Mukhwana’s explosive testimony under intense national spotlight.

    Constable Mukhwana’s statement has opened a floodgate of questions. But Lawyer Danstan Omari’s sharp rebuttal has shown just how complicated and politically sensitive the case has become. [Photo: Courtesy]

    Lawyer Questions the Truth in Constable Mukhwana’s Statement

    On Tuesday, June 17, Lawyer Danstan Omari publicly challenged the authenticity of Constable Mukhwana’s statement regarding the death of blogger Albert Ojwang. Speaking during a morning radio interview, Omari warned that the statement should not be accepted as fact until it goes through rigorous legal testing.

    “Mukhwana’s statement has not been subjected to cross-examination. That is why the country must be careful,” Omari said firmly. “Its truth will only come out when tested in court.”

    According to Omari, any witness statement—especially one as sensational and serious as Mukhwana’s—must be examined under strict legal processes. He noted that IPOA may collect multiple statements from various individuals, but their real value lies in corroboration and court evaluation.

    “Some people give statements based on instruction, others based on hearsay. The quality and credibility of a statement are only proven when it stands up to cross-examination,” Omari explained.

    Omari represents one of the key suspects, OCS Samson Talaam, in court. He has also raised concerns that the investigation into Ojwang’s death is already taking a dangerous and unlawful turn.

    Legal Process Must Be Followed to Avoid Cover-Up

    Omari took the opportunity to remind the public and investigative authorities of the legal steps required when a suspect dies in police custody. Citing Sections 385 and 386 of Kenya’s Criminal Procedure Code (Cap 75), he explained that an inquest must first be carried out.

    “When someone dies in a police cell, the law demands an inquest. The first complainant comes forward, and others who were present give evidence. Only then can we determine who, if anyone, is to be charged,” he stated.

    According to the Criminal Procedure Code, the process is clear:

    1. An inquest is opened to investigate the death.
    2. Witnesses testify under oath.
    3. The magistrate makes a finding based on all available evidence.
    4. The inquest file is then submitted to the Director of Public Prosecutions (DPP).
    5. The DPP decides if criminal charges should follow.

    Omari accused investigators of bypassing this legal process in Ojwang’s case, arguing that this could lead to a false narrative and a cover-up of the real killers.

    “What we are seeing is the reverse of the law,” he said. “When this happens, it becomes very easy for the truth to be buried and scapegoats to be used.”

    He emphasized that only a proper inquest can allow full public participation, giving a chance for any witness with useful information to come forward.

    Omari: Statement Alone Cannot Nail Suspects Without Evidence

    Omari also stressed that Mukhwana’s statement, no matter how detailed or shocking, cannot on its own lead to convictions. He warned against trial by media or emotion, saying only the courts can determine guilt.

    “The quality of that statement improves only when it is corroborated. If others who were present have a different account, then it becomes just a story—not evidence,” he explained.

    In the Monday court session at Milimani, where Omari defended Talaam, tensions were high. Civil society groups, media, and members of the public have shown growing concern over police brutality and extrajudicial killings. Ojwang, a vocal government critic and influencer on social media platform X, had long reported harassment by security agents.

    His death in police custody triggered a national uproar, with fingers pointed directly at the highest levels of the police force. But Omari has urged Kenyans not to jump to conclusions based on one statement.

    “We want justice for Ojwang, but justice must be based on law—not emotions, not statements, not media drama,” he concluded.

  • Babu Owino Claims Munuve Was Poisoned With A ‘Lethal Biological Agent’ As Family Clashes with Autopsy Findings

    Babu Owino Claims Munuve Was Poisoned With A ‘Lethal Biological Agent’ As Family Clashes with Autopsy Findings

    In a development that is likely to heighten political tensions in Nairobi County, Embakasi East MP Babu Owino has made explosive claims that the late Kariobangi North MCA Joel Munuve Kimanzi was poisoned with a “lethal biological agent,” contradicting the official autopsy report that attributed the death to a blood clot.

    According to Chief Government Pathologist Dr. Johansen Oduor, who conducted the autopsy, Hon. Munuve died from a pulmonary embolism – a blood clot that traveled from his leg to his lungs, blocking blood flow and preventing oxygen from reaching vital organs.

    “Upon opening the body, the most significant findings were in the lungs,” Dr. Oduor stated. “We discovered a large blood clot in the pulmonary artery, a condition that can lead to sudden death.”

    The official examination revealed signs of oxygen deprivation, including darkened lips and fingernails, and identified another clot in a blood vessel in the lower limb, suggesting deep vein thrombosis as the initial condition.

    However, MP Owino has contested these findings, claiming the blood clot was actually caused by poisoning, specifically pointing to organophosphates (OPs) as the potential agent.

    “The autopsy report revealed that there was blood clot in the lungs which is caused by poisoning,” Owino stated. “Research indicates that organophosphate poisoning can cause a prothrombotic state, increasing the likelihood of blood clots.”

    Organophosphates are chemicals commonly found in pesticides that interfere with nerve function. While medical literature does suggest they can potentially create conditions favorable for blood clot formation in some cases, Dr. Oduor’s report made no mention of poisoning as a factor.

    Lawyer Danstan Omari
    Lawyer Danstan Omari

    Adding another dimension to the controversy, the family of Hon. Munuve, through their legal representatives Danstan Omari and Shedrack Wambui, has suggested possible medical negligence in their relative’s treatment.

    They indicated that “proper diagnosis and timely medical intervention could have saved his life.”

    The family has noted that various samples, including stomach contents and specific organs, have been submitted for further laboratory analysis, and they are awaiting final results before making definitive public statements.

    A medical expert consulted for this story caution that while certain poisons can contribute to blood clot formation, pulmonary embolisms are most commonly caused by natural conditions such as prolonged immobility, certain medical conditions, or genetic predispositions.

    Authorities have indicated that the comprehensive laboratory results being awaited by the family should provide more definitive answers in the coming weeks.​​​​​​​​​​​​​​​​

  • BOOST: UDA Chief Whip, Silvanus Osoro Endorses Omwanza Ombati For The LSK Male Representative at the JSC

    BOOST: UDA Chief Whip, Silvanus Osoro Endorses Omwanza Ombati For The LSK Male Representative at the JSC

    City lawyer Omwanza Ombati got a boost in his campaign for the Law Society of Kenya (LSK) Male Representative at the Judicial Service Commission (JSC) following the endorsement by Kisii leaders during the Gusii Advocates Forum fete on Saturday. He received a key endorsement from the controversial Majority Chief Whip Silvanus Osoro who described the lawyer as the most competent and trustworthy to represent the LSK at JSC.

    Among the other Gussi leaders who endorsed Omwanza’s candidature include, Governor Nyaribo, Nyamira senator Okong’o Omogeni of Azimio, Charles Nyachae and Danstan Omari.

    Osiri’s endorsement come at a time when candidates have been engaged in smear campaigns and trading accusations over who’s allied with the executive, opposition and not. This is stemmed from the claims made publicly by Nandi Senator Samson Cherargei who in January said he will push for a radical surgery at the helm of the Law Society of Kenya in the next polls.

    Senator Omogeni amongst the leaders who endorsed Omwanza.

    The vocal senator said President William Ruto’s allies will ensure that the next leadership of LSK will support the government’s agenda.

    ”The current law society of Kenya is made up of people who are working with those opposed to the government and that is why in the coming elections we have people who support the government’s agenda,” Cherargei said.

    Cherargei said in Iten that the Kenya Kwanza agenda was being frustrated by people who have connections within LSK.

    ”I am a member of the LSK and when we have elections soon we will install people who will support your(Ruto’s) agenda,” he said.

    Ruto’s United Democratic Alliance (UDA) Secretary General Cleophas Malala accused the opposition of using the LSK to fight President Ruto’s administration.

    In July last year, the National Assembly Chief Whip, revealed an elaborate scheme used by the ruling coalition, Kenya Kwanza, to defeat the opposition in the vote on the Finance Bill, 2023.

    Osoro addressing fellow advocates at the Gusii Advocates Forum meet-up in Nairobi where he endorsed Ombati.

    The South Mugirango MP revealed the dirty and unethical tricks they used to woo their Azimio counterparts, including arm-twisting the opposition through bribery, which resulted in the ruling party gaining a numerical advantage in Parliament to pass the government’s controversial Finance Bill.

    Mr Osoro said the government spent a lot of money (although he did not specify how much) to manipulate opposition MPs to stay away from parliament during the vote so that it could pass with little opposition.

    “I had to look for ways, by hook or by crook, to get it through, I had to manipulate systems, I looked for ways to get the opposition MPs to play our tune, I conspired with the opposition MPs and got some of them to absent themselves from the House so that I could get the numbers. Some were sponsored to go abroad while others were bribed to feign illness,” Mr Osoro claimed.

    The controversial legislator has also been at loggerheads with Kisii Governor Simba Arati which has led to chaos and ugly scenes amongst their supporters.

    Theuri vs Ombati

    From the looks, it is going to be a rematch between Law Society of Kenya’s outgoing president Eric Theuri and lawyer Omwanza Ombati for the seat.

    The two were the main rivals in the 2022 LSK election for its presidency but Theuri prevailed.

    When he was cleared to run for the LSK Male Representative position, Ombati said his objective is to improve the operations of the JSC to make it more open and develop policies that improve advocates’ practice environment.

    “The Judicial Service Commission is not merely an institution; it is the oil that runs the engines of our daily legal endeavours through critical policy interventions,” Ombati said.

    “As advocates, the decision we make in choosing our representative at the JSC is of paramount importance. Our aim is clear: to seek a representative who not only understands the challenges that we face in practice but also has the best plan to address the challenges.”

    The advocate counts on his 20 years’ experience to deliver for the lawyers and for the public interest.

    “I believe my 20 years of active practice within the corridors of justice have prepared me adequately to represent my esteemed colleagues at the Judiciary Service Commission,” Ombati said.

    Theuri said his focus is on helping reform the commission to be responsive to the needs of advocates and ensure quick turnaround of cases to deal with the backlog.

    He would also champion making it easier to hold judges accountable by going after those suspected of corruption, mainstreaming lifestyle audit of the judges and peer review so that judges can denounce their colleagues for the benefit of justice.

    “The judges know each other and we can streamline peer review mechanisms to so that those who suspect their colleagues can come forward for a thorough audit to be done and hold those in office to irregularly enrich themselves through bribes,” he said.

    Key among his reform focus is ensuring judges commit to not deliver decisions and judgments on notice.

    The two are seeking to replace Macharia Njeru whose six-year term ends in May.

    The LSK election is scheduled to be held on February 29.

  • Court Orders EACC To Investigate Lawyer Danstan Omari In Alleged Extortion Scheme

    Court Orders EACC To Investigate Lawyer Danstan Omari In Alleged Extortion Scheme

    The High Court has ordered Ethics and Anti-Corruption Commission (EACC) to investigate Lawyer Danstan Omari, his client Ann Wambui Ndung’u and police officers implicated in a Ksh2 million alleged extortion scheme from two Nigerian nationals.

    Justice Nixon Sifuna of the Milimani Anti-corruption directed the anti-graft body to record statements from two foreigners – Richard Tsado Bala and Lot Ziko Tsado – who are directors of a merchant health supplements company, Vital Quest International.

    The two had complained against Omari, his client Wambui and Directorate of Criminal Investigations (DCI) detectives of extortion.

    “I direct the Director of the EACC forthwith to take statements from the applicants (Tsado and Ziko) and thoroughly investigate and take action on the extortion allegations that the applicants have in this. Application made against the DCI officers who have been handling the Applicant, including the allegations regarding of the Sh2 million paid by the applicants,” the Judge ordered.

    Omari’s take

    Justice Sifuna made the orders despite opposition from Omari, and wondered why the DCI only casually responded to the serious and weighty allegations against them.

    He has also barred the police from arresting the two Nigerians and granted them each Ksh300,000 anticipatory bail.

    The ruling by Judge Sifuna paints a dramatic picture of how the officers from the DCI have in the pretext of investigating the two Nigerians and their company used one of the company’s local directors Ann Wambui Ndung’u to extort from them Ksh2 million.

    In a damning application and affidavit filed in court, the two foreigners state that the officers demanded the Ksh2 million from them in a bid not to charge with the offence of engaging in a business in the country without a work permit.

    Interestingly, the DCI and Wambui are now claiming that the money was lawyer Omari’s legal fees.

    However, the two foreign investors say that Omari’s agreed legal fees was Ksh50,000 but he went ahead to instruct them to pay the Ksh2 million bribe to his account.

    “The applicants have in their application stated that Omari’s agreed legal fees was a mere Sh50,000. They have further stated that the said Sh2 million was on Omari’s instructions paid by Electronic Money Transfer, in three tranches, with each tranche going to a different person/Bank Account,” Justice Sifuna stated in the ruling.

    According to the ruling, the money was to go to Omari’s bank account; the second one to the bank account of one Ms Matina Swiga, an Advocate in Omari’s law firm; and the third one to the bank Account of another person.

    Court documents

    To support their averments, the foreigners annexed to their affidavits filed in court, a huge bundle of documents comprising emails, letters, phone text messages as well as a bank statement of account from the Diamond Trust Bank, T-Mall Branch in the name of Vital Quest International Limited detailing how the alleged extortion scheme was orchestrated.

    The judge noted that Wambui, through lawyer Omari denied those allegations.

    Sifuna was however shocked by DCI’s casual manner of responding to the serious allegations and affidavits filed by the Nigerians.

    “Interestingly despite the applicants damning allegations and Affidavits, the DCI casually responded to the application by way of mere grounds of opposition hence have not answered the questions and issues raised by the applications. Which are serious and weighty,” the judge noted.

    Justice Sifuna however declined a plea by Omari to have the court only determine the issue of anticipatory bail sought by the foreigners.

    “I disagree with Omari’s submission that this Court should in determining this Application, limit itself only to the facts relating to bail. This Court is not persuaded that it should proceed mechanically, blindly and naively, as to confine itself to facts relating only to bail, and close its eyes and ears to other relevant and/or connected facts stated in the Application and the responses,” he ruled.

    “A court, unlike a dog on a leash, has, in arriving at a just and legally sufficient determination, the right to consider all the relevant matters and facts pleaded or proffered by the parties in the pleadings,” he further explained.

    The judge noted that the extortion allegations by the investors touch on the integrity of the entire investigations and the Court will neither keep its hands off such actions, nor shut its eyes and ears to that.

    He added that the court disregarding those allegations will encourage impunity.

    “The DCI being a public institution, the actions of its officers and staff should be subjected to scrutiny and need to be objective, professional, civil and just. It should be accountable for the actions and omissions of such officers,” Justice Sifuna stated.

    DCI cautioned

    While ordering the Director of EACC to record statements and probe the matter, Judge Sifuna held that DCI officers cannot hide under the veil of ‘investigations’ to extort non-nationals.

    “It does not matter that the subjects are foreign nationals who, as lawyer Danstan Omari has argued, have no work permits. That is no licence for the DCI or other state operatives to treat them unfairly and/or extort them. Protection by law is not confined to Kenyan nationals only. It is to all that enter Kenyan borders or reside within Kenya, irrespective of the legality of their presence in Kenya,” the judge ruled.

    He held that foreigners should neither be harassed or extorted.

    Consequently, Sifuna ordered the investigations be immediately commenced in the matter and action taken on those implicated in the extortion of the foreigners and his order be served on the Director DCI as well as the EACC.

    The case will be mentioned on February 6, 2024 for directions before the Presiding Judge Kanyi Kimondo.

  • Court Withholds Payment To Lawyer Danstan Omari In A Dispute

    Court Withholds Payment To Lawyer Danstan Omari In A Dispute

    The High Court has temporarily issued a stay order barring the implementation of a consent that directed a bank to transfer Ksh 74 million as legal fees to lawyers representing a businessman in Ksh 400 million company dispute.

    Justice Alfred Mabeya of the commercial and tax division on Wednesday granted the orders sought by a Rwandese businessman Desire Muhinyuza through his lawyer Danstan Omari.

    “Pending hearing and determination of the case, court issues an order on injunction temporarily staying the implementation of the consent orders issued on October 30, 2023 directing the manager of United Bank of Africa Westlands branch to transfer from Stayonline Limited US dollar account the sum of Ksh 35.5 million plus the accrued interests to Omwanza and Areba associates advocates and the sum of Ksh 38.8 million plus accrued interests to Ivy Ateko Ingati respectively,” Justice Mabeya said.

    The court directed the respondents to file their responses within 14 days and the case be mentioned on February 16, 2024.

    Last week, investor Desire Muhinyuza filed an application accusing businessman Kirimi Koome’s advocates of fraudulently obtaining consent from court to be paid Ksh 74 million in legal fees.

    In the application filed at Milimani court,  Muhinyuza through his lawyer Danstan Omari claim Koome’s lawyers Omwanza Nyamweya and Ateko Ingati fraudulently obtained the consent when they knew the ownership dispute was still pending in court.

    Danstan Omari claims that the consent was stage managed by Koome’s two lawyers in conjunction with Raphael Olwako on behalf of Stayonline company.

    “The impugned consent order was obtained without the lawyers making material disclosure to the court as to the status of Stayonline Ltd and that these proceedings were commenced in bad faith with ill intention of unlawfully utilizing funds amounting to Ksh 74,300,00 held in Stayonline’s bank accounts at UBA” Omari cites in court papers

    He wants the court to review the consent informing court that Olwako is not the director of the company in question and it was all a scheme to unlawfully withdraw the money held by the company in the guise of legal fees.

    According to court papers, Omwanza and Ateko failed to disclose to court that there were proceedings active in court on the ownership dispute between Desire and Koome.

    On December 27, the High Court declared that a ksh 400 million disputed fintech firm belongs to a Rwandese investor. The Judge ordered Koome to pay back $100,000 (Ksh 15.6 million), which he is said to have received from the Rwandese investor for tax purposes but never paid.

  • Officers In Kianjokoma Brothers Murder Case Accuse NGOs Of Milking Donors From Their Case

    Officers In Kianjokoma Brothers Murder Case Accuse NGOs Of Milking Donors From Their Case

    The family of six police officers charged with the murder of two Kianjokoma brothers have expressed concern over the number of civil society organizations seeking to join the case.

    The families through their lawyer Danstan Omari said the organisations are using the case to mint money from international community.

    Omari added that the organisations have now captured the Director of Public Prosecution’s office after losing political funding.

    “It’s a sad day that these civil society organisations having lost political funding from donors they have now captured the office the DPP to prosecute criminal cases as a way to raise funds. Seems the DPP is no longer in control. Article 157 of the constitution is now dead,” Omari added.

    The lawyer pointed out that two civil society organisations have applied to be supplied with the documents for application of bail that is coming up for hearing tomorrow.

     

    The organisations include Independent Medical Legal Unit and International Justice Mission (IJM).

    IJM has been appearing in several cases including the trial of five police officers and an informer over the murder of lawyer Willie Kimani and two others.

    The lawyer added, “As you have seen, it has taken serious interest so that foreigners can send the money here because it involves police officers. This is to entice foreign donors so that they can send money here and the story to continue that these boys were murdered with the view to continue receiving the money at the expense of the innocent accused persons who are in prison,” claimed Omari.

    According to the lawyer, the matter has been turned into a financial gain (as opposed to justice) by the civil society groups.

    The six officers includes Benson Mputhia, Consolata Kariuki, Nicholas Cheruiyot, Martin Wanyama, Lilian Chemuna and James Mwaniki.

    Save for the two women police officers the other four accused persons were absent as their lawyer indicated that they were in isolation.

    The bail application will be argued tomorrow both virtually and physical to allow the four to follow the proceedings

  • Why Six Officers Involved In The Murder Of Kianjokoma Brothers Now Wants Bodies Exhumed

    Why Six Officers Involved In The Murder Of Kianjokoma Brothers Now Wants Bodies Exhumed

    Six police officers suspected of having participated in the killing of two brothers in Kianjokoma village, Embu County, now want the bodies exhumed for conduct autopsy by Independent Pathologist, so that justice can be achieved.

    Through their lawyer Danstan Omari, the six are Corporal Benson Mbuthia, Corporal Consolata Kariuki, Constable Martin Wanyama, Constable Lilian Cherono, Constable Nicholus Sang, and Constable James Mwaniki also want the court to order the conduct of an inquest in respect of deceased before their arran for plea.

    “We are seeking orders that resitate the six police officers from taking a plea in any criminal court within the jurisdiction regarding the death of the two brothers until the aforementioned investigation is concluded or this application is heard and determined,” said Omari.

    The six are also seeking to be released on reasonable bail or bond terms pending the conclusion of an inquest in respect of the death of the two brothers.

    “My clients want the court to issue conservatory orders, which the prosecution is restraining the prosecution from insemencing any criminal proceedings relating to the death of the deceased until the investigation is completed,” added Omari.

    The accused are also seeking to have their mobile phones released so that they can withdrawal money, make payments and or send money to their families and or lawyers at the IPOA, DPP and IG.

    Omari says that unless the reliefs are granted, the police’s rights to a fair administrative action will be violated, considering the controversy under which the deceased died.

    In einer eaffedvit filed by Nicholus Sang, police officer employed by the police officer attached to Manyatta Police Station, Embu County, they seek justice, as their rights have been violated due to continuous incarceration without proper investigation.

    “We are all police officers in custody at Capitol Hill Police Station,” said Sang.

    He says that the two brothers passed away due to injuries sustained as they flew custody. They want the matter to be certified urgent and deserving to be heard during the vacation period.