Court review: Guilt plea, Haiti mission still on suspension

Court allowed the eviction of 1,000 squatters from Njiru Farm from December 31.

In Summary
  • On Monday, Chief Magistrate Lucas Onyina freed Brian Mwenda, who is charged with faking to be a lawyer, on a cash bail of Sh200,000.
  • Delivering the ruling, Onyina agreed with submissions by Mwenda's lawyer that there was no compelling reason to deny the accused bail.
Milimani law courts
Milimani law courts
Image: FILE

This week in the corridors of justice, hearing of a highly publicised case started

The courts also decided on other cases ranging from criminal cases to civil cases.

Brian Mwenda

On Monday, Chief Magistrate Lucas Onyina freed Brian Mwenda, who is charged with faking to be a lawyer, on a cash bail of Sh200,000.

Delivering the ruling, Onyina agreed with submissions by Mwenda's lawyer that there was no compelling reason to deny the accused bail.

"I therefore release the accused person on a bond of Sh300,000 or a cash bail of Sh200,000 with one contact person," the magistrate ruled.

The case will be mentioned on November 7.

Haiti

In another matter, the High Court extended orders stopping the deployment of police officers to Haiti for a peacekeeping mission.

This is after Thirdway Alliance party leader Ekuru Aukot sued the government, seeking to block the deployment of at least 1,000 police officers to the Caribbean Island nation

He argued that Kenya's bid to lead a UN-approved force into Haiti is in gross violation of the constitution.

On Tuesday, Justice Chacha Mwita directed the parties in the case to file their court papers and appear in court for highlighting on November 9.

Njiru land

Environment and Land Judge Samson Okong’o also on Monday ruled that Njiru farm belongs to the family of late former Starehe MP Gerishon Kirima.

He allowed them to evict the over 1000 squatters from the farm, and in a bid to save them from forceful eviction, the court gave them up to December 31, to vacate.

"If they fail to do so, the estate is at liberty to evict them from the property," the judge ordered.

Maigo murder case

The murder of 37-year-old Nairobi Hospital Finance Director Eric Maigo, which had the attention of Kenyans for weeks, is now at the High Court.

This is after the Director of Public Prosecutions on Wednesday recommended murder charges against the woman accused of stabbing him.

When the case proceeded to the plea-taking stage at the High Court on Thursday, the woman pleaded guilty to the offence.

Appearing before Justice Kanyi Kimondo, Anne Adhiambo Ouma alias Nut was identified as an adult and admitted to the offence.

Her answer remained as "ndio" when the court clerk read to her three times the offence she is alleged to have committed in Swahili.

The judge warned her against the consequences of pleading guilty.

"In the interest of justice, I have given her time to consult with her advocates before pleading again," the judge said.

The case will be mentioned on November 8, for plea-taking at Kibera Law Court.

At the time, Ouma is remanded at Langata Women's Prison.

She was arrested on September 26, at the Olympic area within Kibera following a report of murder at Woodly Annex.

Corporal Patrick Boge said the September 15, report was on a commotion at house number 6 in Woodley Estate Annex Upper of Kibra.

When officers from Kilimani visited the scene, they established that the deceased lying with multiple stab wounds on the chest, face and neck and secured the scene.

SRC-Judges car perks row

The June 2022, orders scrapping car grants for judges instituted by the Salaries and Remuneration Commission are still in force.

This is after Justice Lawrence Mugambi said until all the parties in the case are heard, no interim orders are to be issued.

"No interim orders can be granted until all parties are heard," the judge said on Tuesday.

He directed the Judicial Service Commission, which is an interested party in the case, to file an application seeking to be struck out of the matter.

The petition was filed by Peter Gachuiri, suing the Attorney General and the SRC, where he wants them compelled to reinstate the grants.

Kenya Judges Welfare Association is also an interested party.

SRC was apprehensive that the judiciary was conflicted.

It pointed out that Chief Justice Martha Koome, who is chairperson of the JSC, has made public pronouncements in favour of judges regarding the issue.

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