Kenya Insights

Tag: High Court

  • Cost of Justice rises in Kenya as Judiciary hikes court fees

    Cost of Justice rises in Kenya as Judiciary hikes court fees

    Kenyans will now pay more than double for court services after the Judiciary revised its fees and hiked the cost of litigation as seen in the new fees schedule published by Chief Justice Martha Koome who also introduced extra costs including charges for lodging of documents.

    All applications filed at the High Court except criminal matters have doubled from Sh750 to Sh1500 while registration of arbitration awards related to disputes at the Environment and Lands Court is now charged at Sh10,100, up from Sh2,250.

    The hiked fee announcements are made as the Judiciary struggles with a marginal cut on it’s 2021/22 budget from Sh18.1 billion to Sh17.9 as a section of Law Society of Kenya council raises concerns.

    “The move is working against what we in the justice system have been fighting for all along — access to justice and expeditious disposal of cases,” said Bernhard Ng’etich, an LSK council member.

    The revised charges have also affected court library membership and annual subscriptions which have doubled from Sh500 to Sh1,000 and a Sh500 charge has also been introduced for notaries public annual renewal while affidavit application fees at the magistrate’s court has been retained at Sh1,000.

    Chief Justice Koome has also introduced a fee of Sh450 at the Anti-corruption and Economic Crimes division for filing a notice of appeal to the Court of Appeal. She has also introduced a fee of Sh1,500 for court collection fees on deposits and security for costs.

    But for commercial and tax cases filed at the High Court, Koome has introduced a fees of Sh1,550 for any appeal or review from lower courts and tribunals as filings of response for income tax appeals are now charged at Sh100.

    Kenyans seeking justice at the High Court will pay a minimum fee of Sh2,000 for an unliquidated claim, originating summons, or counterclaim and additional court fees will be paid based on the amount awarded after the case is heard and determined.

    Koome further introduced a fee of Sh300 for filing of a response to the bill of costs as the fees for instituting a private prosecution at the High Court remains at Sh5,000 while at the lower courts it has been set at Sh1,485.

    The new charges are introduced amid complaints that service delivery at the judiciary has been affected due lack of sufficient funding but with the new charges, plans are also underway to hire more staff to automate its services.

    The CJ announced last month that the Judicial Service Commission (JSC) will hire 50 magistrates to boost its service delivery and case clear backlogs. She added that JSC will also increase the number of judges to replace the six judges who were recently elevated to the Court of Appeal.

    “We also need a multi-door approach like the use of Alternative Dispute Resolution and Court Annexed Mediation to offload cases from the courts,” Justice Koome said.

    Data shows that the Commercial and Tax Division, which had 7,497 cases as of June 30, 2020,  has cleared 3,744 while 2,315 new ones were filed, leaving a caseload of 6,038 as of June 30 2021.

    Anti-Corruption and Economic Crimes Division had 190 cases pending as of June 30, 2020, with 75 resolved while 62 new ones were filed over the same period but in the Family Division, 1,556 cases were resolved out of 4,519 and additional 2,621 new cases filed.

     

  • Names Of Witnesses To Testify In The Funyula Residents Against Coca-Cola Case

    Names Of Witnesses To Testify In The Funyula Residents Against Coca-Cola Case

    On 16th June this year, Kenyan Insights reported that Stephen Serulo, Zablon Barasa and Mr Richard Sikudi had sued the Atlanta-based company, its Africa subsidiaries (Coca Cola Central, East and West) and local agent Equator Bottlers Limited in Funyula on behalf of 55 other complainants.

    The three petitioners had taken the soft drinks giant Coca Cola to Court after one of their distributor sold them contaminated drinks. In the petition, on behalf of other complainants, petitioners say they bought soft drinks in separate ceremonies last year.

    More than 10 witnesses have since been summoned to appear in person before the Busia High Court in November to testify in a case where by 58 people had sued Coca-cola company for allegedly selling them contaminated soda drinks.

    In a letter dated October 15, 2019 written and signed by the Busia Deputy High Court registrar, Phoebe Kulecho, the witnesses have been ordered to appear in court in person on November 18, 2019.

    “Whereas your attendance is required to give evidence as per Court Order in the above suit, you are hereby required personally to appear before this court on the 18 November, 2019 in the forenoon to produce laboratory analysis results vide Ref No. MPHS/DC/125 dated 30 July, 2012 and to be present at all times until your presence is dispensed with by the court,” the letter said.

    Among those expected to testify include Mr. Kepha Ombacho Busia county Environmental Health officer, Mr. J.K Kibathi from the Government Chemist and Mr Antony Irungu from Kenya Bureau of Standards (Kebs)

    The other witnesses whom the letter was addressed to include Mr. Martin Nyakiano, Mr. Felix Omondi, M/s Catherine Were, Mr. Seth Ngoso (Kebs), Mr Emmanuel Luvai (former District Public Health Officer) and Mr. Wilson Kosgey.

    Some of the complainants who have since been enjoined in the petition have been having complications for over over 4 years now.

    Dr. Sande Charo, Medical superintendent at Busia County referral Hospital confirmed to the court through a medical report that some of 60 patients were confirmed sick by the hospital and got their treatment there. Dr Charo told this writer that most of them were treated for food poisoning and given strong antibiotics.

    In December 2018, Coca Cola, through Anjarwalla and Khanna Advocates, tried to blackmail the plaintiffs’ lawyers to consider the compensation package.

    The petitioner said Coca cola has been trying an out-of-court settlement with them. The drink giant was offering Sh45,000 through their lawyers as an individual compensation cut.

    They turned down the deal saying its a blackmail by the company’s law firm and totally unrealistic for the massive damage their substandard drink caused.

     

     

  • Narendra Raval, NCC’s Tycoon Ignores Rai’s Petition And Buys Sh5 Billion ARM Cement Plant

    Narendra Raval, NCC’s Tycoon Ignores Rai’s Petition And Buys Sh5 Billion ARM Cement Plant

    The world’s richest black man Aliko Dangote wanted to Buy the loss making Athi River Mining cement plan but, according to his foundation, ADF, people in Jubilee government demanded unmangeable bribes that saw him invest in Ethiopia.

    A worker in ARM cement Plant Photo|BD

    The very same embattled ARM has been bought by Devki’s National Cement Company a move that has seen billionaire Narendra Raval ‘Guru’  expand his kingdom in Cement making industry to second-largest manufacturer ahead of tomorrow’s court proceedings.

    Kabras Sugar mill owner Jaswat Rai and former ARM owner Pradeep Paunrana had petitioned the court to stop the sale. However, PriceWaterhouseCoopers (PwC) administarors have closed the deal despite a pending appeal in a case filed on July 11 this year that is set to be heard tomorrow, Wednesday 16th October.

    Yeasterday, Mr Raval said that NCC had received authorization of the Competition Authority of Kenya (CAK) on condition that they retains 95 per cent of the ARM’s current 1,100 employees. He stated that they decided to keep all the workers.

    “We are happy to inform you today that we have been able to complete the ARM acquisition and cleared all the transaction cost amounting to Sh5 billion to the PwC,” said Mr Raval.

    According to PwC’s Muniu Thoithi,  National Cement Company had taken over all assets and businesses of ARM after paying Sh1 billion and safeguarded a payment of Sh4 billion in the next two months to settle administration expenses and distribute to creditors.

    “Securing a suitable investor with the ability to make the requisite CapEx investments and inject the much-needed working capital to boost production to optimal and sustainable levels was a top priority for us given ARM’s dire financial situation and the poor state of the plant,” Muniu Thoithi said.

    PwC also sold off Tanzanian subsidiary following the clearance by the court to sell ARM Kenya business to a Chinese company, Huaxin Cement. HCC bought ARM subsidiary Maweni Limestone Limited, in Tanzania for Sh11.9 billion immediately Justice Mary Kasango lifted the stay orders.

    ARM is set to make NCC, which manufactures the Simba Cement brand, the second-biggest cement maker in Kenya.

    According to CAK data, Bamburi Cement is the market leader in the sub-sector with a market share of 33 percent.

    Jaswant Rai the billinaire owner of Western Kenya Sugar, Sukari Industries and Olepito Sugar Company who also acquired cooking oil and soap manufacturing Menengai Oil company has also been making an expansion into cement manufacturing. Rai has established small cement plant in Awasi, Kisumu.

    Earlier this year, NCC merged with Cemtech in West Pokot with significant limestone and clay deposits that are key components in Cement production.

    NCC is also constructing  a second 1.8 million metric tonnes p.a. clinker line in Kajiado that is set to be commissioned by 2020.

    Raval is also setting up another 0.75 million metric tonnes cement plant to be built in Kilifi while the 0.88 million metric tonnes is still underway to be commissioned in mid-2020.

    “These two plants will cost Sh3 billion each while the Kenyan plant of ARM Cement may increase their capacity by 0.4 million metric tonnes,” Apex Capital said in a note to investors.

  • Blow To KPA As High Court Halts The Auction Of Pension Scheme Properties

    Blow To KPA As High Court Halts The Auction Of Pension Scheme Properties

    More than 2000 members from Mombasa and Nairobi had filed a suit before the Mombasa High Court Justice PJ Otieno seeking orders to debar trustees of the Kenya Ports Authority Pension Scheme (KPAPS) from transferring management of its multimillion assets worth to Private Real Estate Agents and the planned backdoor sale of KPAPS houses.

    Reprieve to members as Lady Justice Dorah Chepkwony stopped the scheme’s trustees from selling prime properties, movable and immovable assets of KPA, including houses.

    “Pending the reference of the matter to arbitration and hearing and determination, a temporary injunction is hereby issued restraining defendants from transferring, alienating, disposing either by public or private treaty the prime properties both movable and immovable assets of KPA pension scheme including houses,” said Justice Chepkwony.

    Lady Justice Dorah Chepkwony stated that the matter should be referred to arbitration in terms of Clause 27 of the Trust Deed and Regulation of KPA pension scheme. Lady Justice Chepkwony was issuing an order in the case filed by Bwana Mohamed Bwana, a pensioner who was seeking to stop KPA from selling his house in Nyali.

    This cames at a time when more than 2,000 KPA staff members from Mombasa and Nairobi under the scheme had also petitioned the High Court to issue similar orders stopping the KPA-registered trustees from selling their houses to outsiders through Property Agents.

    On the 4th of May this year, the scheme directors were preparing to complete the deal with Kikambala Development company when KPA’s Board and Legal Services General Manager Catherine Muthoni Gatere rushed to court and stopped the transaction the next day.

    “The said purported agreement for sale is not signed by all trustees as is required by the provisions of the Trust Deed. Neither is it sealed with the common seal of the scheme, which is still in my possession in my office,” she said before Justice Mathew Anyara Emukule.

    Pension chairman Harry John Paul Arigi signed an affidavit saying members elected him to protect their interests, hence he has the power to manage it exclusively and independently without any interference from KPA.

    The pensioners said registered trustees had advertised for sale of all KPA pension scheme houses stating that the pension scheme took over the management of various houses namely Dedan Kimathi, Nyali, Kizingo, Nairobi, Mwembe Tayari, Mbaraki, Bamburi and others in Nairobi following non-remittance of monies to the scheme by the authority.

    “Arising from the agreement, therefore, the scheme assumed the ownership of the property with the staff in occupation becoming its tenants,” read the signatories’ letter to the management.

  • Update: Video Evidence Of Lawyer Willie Kimani Murder To Be Revealed Today

    Update: Video Evidence Of Lawyer Willie Kimani Murder To Be Revealed Today

    Yesterday, Kenya Insights posted a detailed witness confession of how Laywer Willie Kimani, his client Josephat Mwenda and Taxi driver Joseph Muiruri were suffocated to death by Police officers using polythene bags.

    And today, on Tuesday, the High Court is set to hear more evidence in the trial of four police officers and their informer charged with the 2016 cold blood murder.

    A new witness, identified in court documents as number 40 is expected to introduce new evidence in form of a recorded video confession.

    This comes after the testimony of Peter Ngugi, the fifth accused person in the case was yeaterday read out in an open court with written detailed account on how the three victims were trailed, abducted and finally murdered in cold blood.

    Four Police Officers Fredrick Leliman, Stephen Cheburet, Sylvia Wanjiku, and Leonard Mwangi are charged alongside Police informer Peter Ngugi with the murder of the three victims.

    The 2016 murders that shocked the nation and exposed the dark side and rogueness in the Kenyan Police forces, whose management apparently speak against extrajudicial executions, has so far seen 39 prosecution witnesses testify in the trial of one of the worst documented murder organized by cops.

    On Monday, Directorate of Criminal Investigations Geoffrey Kinyua read the confession of Ngugi the fifth accused person in the case outlined how the three were trailed, arrested and eventually killed.

    More to follow…

  • Ex-MP’s Appeal On Sh15Million Compensation For Son’s Murder Quashed

    Ex-MP’s Appeal On Sh15Million Compensation For Son’s Murder Quashed

    Last week, Kenya Insights wrote about Dickson Mwangi Munene a Former Police Inspector in Nairobi who had been serving life imprisonment at Kamiti Maximum Prison for the murder of a former MP’s son had his life hopes restored after the High Court quashed his life sentence and ordered him to pay the Ex-MP sh15million for damages he made to the family.

    Dickson Munene Mwangi and Alexander Chepkonga Francis In Kamiti Prison

    Former Gatundu North legislator Patrick Muiruri’s family has lost an appeal contesting the award of Sh15.8 million by the High Court as compensation for the death of their son, who was shot dead by a police officer 10 years ago.

    Muiruri had appealed High Courts decision arguing that the amount offered was too little. His son, James Ng’ang’a Kariuki was shot by a police officer, Dickson Munene, during a brawl in a club in Westlands, Nairobi.

    The late Kariuki, then a 29-year-old lawyer, was a junior lecturer at Sheffield International University, United Kingdom, and had returned home to await graduation after completing his doctorate.

    Two police officers, Dickson Munene Mwangi and Alexander Chepkonga Francis, were tried and convicted for his murder, but Mr Chepkonga was later freed on appeal. The former MP’s family then sued for liability and the matter was settled by consent recorded before the trial judge on April 20, 2016 and liability attached against the Attorney-General.

    They contended that they had invested substantially in their son’s education and emotional support and love in order to see him successfully through his education, stating that his income would have been approximately Sh700,000 per month and with a possible increase in the course of his career.

    Ex-MP Muiruri produced a letter from Nigel D. White, professor of public international law at the University of Nottingham, who had supervised Kariuki’s PhD programme.

    After hearing the case, Hight Court judge Joseph Sergon ordered the government to pay the family a total of Sh15,857,730, comprising Sh100,000 for pain and suffering, Sh200,000 for loss of expectation of life and Sh12 million for loss of dependency. The family was also awarded special damages of Sh1,557,730 and exemplary damages of Sh2,000,000.

    But they were dissatisfied with the award, arguing that it was too low and went to the Court of Appeal to seek a review. At appeal, Justices Daniel Musinga, Gatembu Kairu, and Sankale ole Kantai said there was no doubt that Mr. Kariuki, aged 29 at the time of death, had an illustrious career before him.

    The Appellate Judges stated that besides the letter from Prof White giving a general view of Mr. Kariuki and his future prospects had he continued teaching until retirement, there was no confirmation that he was employed by Sheffield International University. They ruled that the amount given by Justice Sergon was reasonable in the circumstances.

    “We have considered the material available before the judge and have reached the same conclusion the deceased was not employed at the time of death,” they said.

     

  • High Court Frees Police Inspector Who Murdered Ex-Gatundu North MP’s Son

    High Court Frees Police Inspector Who Murdered Ex-Gatundu North MP’s Son

    Dickson Mwangi Munene, Former Police Inspector in Nairobi who had been serving life imprisonment at Kamiti Maximum Prison for the murder of a former MP’s son has his life hopes restored after the High Court quashed his life sentence.

    The convict Munene was in charge of Capital Hill police post was sentenced to death after he was found guilty of killing, James Ngang’a, son of former MP Patrick Muiruri, but this was commuted to life imprisonment after the new constitution banished death sentence.

    On September 25, High Court Judge Luka Kimaru, set aside the life imprisonment, substituting it with a 20-year jail term which was to take effect from October 12, 2011. This is the day Munene and a friend Alexander Chepkonga were found guilty of murdering Ngang’a after an altercation at Crooked Q in Westlands.

    Chepkonga successfully appealed against the death sentence and was set free.  The judge said in re-sentencing Munene, the court took into consideration the two years, that he had served in custody.

    “Taking into account the entire circumstances of this case, this court is of the view that the sentence of life imprisonment that was imposed on him will not serve the ends of justice,” Justice Kimaru said.

    According to Justice Kimaru, it was clear from the deceased’s family submission that they were still hurting. “It was clear that the applicant abused his powers as a police officer to unnecessarily causing the death of the deceased This court also put into consideration the ten years Munene has been in prison observing that he had applied himself gainfully by being a model prisoner,” Kimaru said.  Munene studied while in jail and earned a Masters degree in business studies.

    The Commissioner-General of Prisons awarded Munene a certificate for being a model prisoner, a factor that worked in his favour in the re-sentencing.

    “However, the life of the deceased cannot be restored. The gap that he left in the lives of his family can never be filled. It is a void that will remain for the remainder of the lives of the parents and siblings of the deceased. The pain that the family of the deceased suffered and continues to suffer must be weighed with the circumstances of the applicant, adding that this constituted an aggravating factor in sentencing.” Justice Kimaru stated

    Munene made the application for re-sentencing following the Supreme Court decision in 2017, directing that all murder and robbery with violence convicts’ death sentences be reviewed. He said that he was the sole breadwinner of his family and his parents and his incarceration has affected their living standards.

    The former officer told the court that he developed hypertension due to the conditions in prison. Through his lawyer, Kioko Kilukumi, Munene told the court that efforts to reconcile with the family of the deceased have been futile. He regretted the events that led to the killing.

    Even as the courts decide to set the former killer police inspector, what is the moral value the courts will they be setting for the society? How many Police officers will turn rogue and killed people they cross paths on the streets? How many convicts have learned and changed their ways and yet they don’t get much rather such kind of sympathy from the courts?

  • High Court Ruling Stops All County Assemblies From Debating Aukot’s Punguza Mzigo Bill

    High Court Ruling Stops All County Assemblies From Debating Aukot’s Punguza Mzigo Bill

    A big blow to Thirdway Alliance as the High Court stops all 47 county assemblies from debating and approving a Punguza Mzigo Bill.

    High Court’s Justice James Makau also stopped the Thirdway Alliance from presenting the Punguza mzigi Bill to the Speaker of the National Assembly.

    Justice Makau stated that the orders will remain in force for 14 days to give the named parties named in the petition to file their responses.

    On their response, Thirdway Alliance through Lawyer Elias Mutuma protested the High court’s ruling stating that they were given less than a day to file their response.

    Justice Makau on his response while issuing the ruling, directed Lawyer Mutuma to file his clients response within five days and the case is set to be heard on August 13.

    The petition to the High Court was filed by David Kamau Ngari and International Economic Law Centre.

    They mentioned the Independent Electoral and Boundaries Commission, the Speakers of National Assembly and Senate, Thirdway Alliance and 47 Speakers of the county assemblies as respondents

    According to Ngari, the Bill is a flopped idea since there is no set national referendum law and questionable how IEBC has purported to receive, verify and approve the Bill and even forwarded it to the county assemblies for debate and approval.

    Ngari states in his petition that most of the proposals in the Punguza mzigo Bill will ultimately require a national referendum under Article 255(2).

    “The proposed Bill to reduce the constituencies from 290 to 47 obliterates the fundamental political rights under Article 38 and the principles of representation under Article 81(d) of the Constitution,” Ngari said in a sworn statement.

    According to the petitioner, Punguza Mzigo Bill will cause legislative confusion as per Article 95, in their proposal to make Senate the upper House with veto power.

    Ngari’s petition also poked holes in the Bill stating that it was procured through deceit and illegalities since the signatures are not genuine.

    According to Ngari, the uniformity of the signatures raises the question of authenticity and reliability of the signed forms.

    In his petition, Ngari states that it was impossible to verify the signatures because IEBC doesn’t have a repository of specimen signatures to aid in comparison.

    The petition before High court states that the verification process was done mechanically yet the law clearly states that voters must be registered biometrically.

    IEBC lacks quorum as there are only two remaining commissioners and the chairman after four other commissioners resigned stating that the verification and approval of the Bill is, without doubt, unconstitutional, null and void.

    “The IEBC as presently constituted lacks constitutional competence and technical capacity to admit, process and approve the proposed Bill together with the supporting documents and signatures of registered voters as presented,” Ngari stated in the petition.

    Punguza mzigo Bill fronted by Thirdway leader has been receiving mixed reactions since it was approved to be debated in the county assemblies.

    Siaya Senator James Orengo stated that Punguza Mizigo Bill fronted by Third Way Alliance party leader Ekuru Aukot, was opportunistic,rigid and more of a mythical creation.

    “Punguza Mizigo Bill cannot be amended and was not subjected to conversation, unlike what Building Bridges Initiative is doing. No one has even seen the Bill itself,” Orengo laughed off Auko’s proposals.

  • NYS Finance Officer Masinga Ayienga Enjoys Stolen Wealth As Jimmy Kiamba Is Asked By Court To Pay Everything Back

    NYS Finance Officer Masinga Ayienga Enjoys Stolen Wealth As Jimmy Kiamba Is Asked By Court To Pay Everything Back

    While Jimmy Kiamba, the former Nairobi Finance minister was ordered to pay the government 317million, NYS suspect Bernard Masinga Ayienga is enjoying his alleged loot thanks to ‘anticipatory bail’ that has granted him freedom.

    Bernard Masinga, a former senior Finance Officer at the Ministry of Youth and Gender Affairs had initially approached the High Court seeking an anticipatory bail to evade his possible arrest and prosecution.

    Justice Ngenye Macharia of the Criminal Division at Milimani law Courts declined to block the arrest of Ayienga over his links to the Sh9 billion NYS scandal stating that his application lacked merit.

    Ayienga belongs to a job group where people earn between 81,940 to 109,800 tops but he lives like a superstar.

    It’s totally impossible to explain how he affords the super expensive trips and palatial homes in Nairobi’s suburbs.

    Ayienga blew his cover when he posted pics of his flamboyant lifestyle on Social media.

    If you take a look at his Facebook account, you will understand that Ayienga is no ordinary man as he may seem to be.

    For instance, Ayienga spends his holidays in London, Malaysia Canada, South Africa and DC, well just to name but a few.

    If you value Ayienga’s lavish houses and Homes you’ll get a figure that man in his salary bracket would probably take a century to acquire.

    Ayienga is also a man of questionable character if you can remember his reaction to the DCI’s investigations.

    In his anticipatory bail application, a frightened Masinga told the court that the DCI had called him to record a statement at their headquarter in Kiambu and that later on 27th April, 2018 he was detained for three hours at the Jomo Kenyatta International Airport, JKIA while traveling to Uganda.

    Further, that on his way back into the country on 29th April, 2018 he was again detained and was only released after his wife executed a personal bond of Kshs. 1,000,000/-.

    According to Ayienga, he was never informed of the reasons for his detention. That upon his release his passport and identification documents were confiscated and he had to collect them the following day at the Immigration Headquarters where they were released without reasons for his detention being disclosed to him.

    While Masinga attempted to pin his detention to the DCI, his allegations were dismissed due to inconsistencies with court convinced that it was only linked to normal immigration procedures.

    In pushing further to bar his arrest, Masiga told the court that he deposes that bail is warranted because of his poor health.

    Masinga told the court that he suffers from a heart condition for which he underwent a surgery and which negatively affected his blood pressure. That he was on blood pressure and blood thinning drugs on a permanent basis.

    He stated that if he was detained in custody, his health would be compromised. It was all dismissed.

    Masinga is the man who controlled the finances when almost Sh10B of public money was stolen.

    Masinga’s lifestyle betrayed him and his reflex actions in stopping arrests clear symptoms of guilt.

    The Asset Recovery Agency was also granted orders to freeze Masinga’s two accounts at CFC Stanbic Bank holding huge amounts of suspicious money.

    Masinga’s case is one of the most prominent that have been given a mercy death.

    Well, at least everyone can agree with me that, it still doesn’t make any sense how he never got arrested and prosecuted.

    With that out and aside, the decision to have Jimmy Kiamba, pay the government 317million was reached after the Anti- Corruption Court ruled that Kiamba is in possession of unexplained assets.

    “I therefore declare that the total sum of the, money indicated to be unexplained assets,” ruled Justice Hedwig Ogundi.

    According to Justice Hedwig Ogundi, Ethics and Anti-Corruption Court (EACC) had already established a case against Kiamba.

    In the Judgment, Justice Hedwig stated that Kiamba must pay the government 35 million and another 282,648,604 million or risk losing his Home in Runda Water Estate.

    Through their lawyers, EACC stated the a probe into Kiamba’s account detected an active fraud at play.

    James Kariuki, an investigative officer, stated, in Court,  that Kiamba used his driver and security guard to make questionable deposits into his personal bank account.

    EACC had also requested the court to grant Assets and Recovery Agencies a go ahead to forfeit kiamba’s assets worth 872 million, of which, they stated that they remain unexplained.

    According to the Agency, the value of Kiamba’s assets are disproportionate to what’s known to be his sources of income.

    Kiamba defended himself stating that he is running other businesses parallel from employment.

    He stated that he’s in Hotel business, transport, rental income as well as water business, at the same time his wife was running interior design, Farming and beauty parlor.

    According to documents presented in Court, Kiamba’s revenue collection entailed; Cattle revenue 21,971,810, Wheat revenue 17,094,610, Maize revenue 12,478,430, Landed Properties 35,000,000 and Kwamga Mboya Advocates 300,000 totaling to 317,648,604.

    After thorough analysis, the High Court ruled that EACC had determined a probability that the cash deposits which Kiamba tried to explain through the revenue collection above were cooked and entailed unexplained assets that should be forfeited to the State.

  • Sex Between Cousins Not Considered Incest Under Kenyan Law, Court Rules

    Sex Between Cousins Not Considered Incest Under Kenyan Law, Court Rules

    It is not illegal for cousins to marry or engage in sex, the High Court has ruled even though relationships between cousins are acceptable in some communities and taboo in others.

    High Court judge James Makau, in an appeal where a man was contesting a conviction of alleged incest with a cousin by the Magistrates Court, found that the Sexual Offences Act does not mention cousin among the list of relatives under the offence of incest.

    Justice Makau ruled that the National Assembly did not leave out the clause on cousins by intention but by the fact that in some cultures in Kenya – such as Hindus and Muslims – and some African communities, sexual acts between cousins are not criminalised.

    “This means it is permissible to have sex with a cousin,” the judge ruled. “My understanding of the said section (Section 20(1) of the Sexual Offences Act) is that if any sexual act takes place between two cousins, that does not amount to incest within the meaning of the provisions of the Sexual Offences Act.”

    The accused person, named in the court’s verdict as WOO, was arrested and subsequently charged in 2014 for allegedly engaging in sex with a 16-year-old girl knowing that she was his cousin.

    He denied the claims and the case went to full hearing after which the lower court found him guilty of incest and slapped him with 10 years in prison.

    LOWER COURT

    The man appealed on account that the lower court did not consider that the girl never testified that he defiled her and did not elaborate on how they were related.

    According to court records, the man had told the girl to accompany him to his house at 3pm on April 9, 2014, and she agreed and even prepared a meal for him.

    Her mother found her in the house and the result was the criminal case.

    The girl’s mother testified that the accused was the girl’s paternal cousin but the court found that the trial court erred in finding that he was guilty of incest.

    Makau found that the prosecution had failed to prove that the offence lay under prohibited relationships as provided for by law.

    “I find that it was an error in law for the trial court to have imported the relationship of a cousin and included it within the provisions of the law when that relationship was not among the specified relationships to be considered in determining a case of incest,” the judge ruled.

    The judge ordered the man’s release.