- In December 2021, the former Cabinet Secretary for Sports was cleared of the charges in the Sh39 billion fake arms deal.
- Then, Senior Principal Magistrate Kenneth Cheruiyot said the prosecution had failed to prove its case after failing to call the key witness.
Image: FILE
The Director of Public Prosecutions has been seeking to overturn some acquittals for a while now and some of those bore fruits in the week.
Among others, these were the major cases in our courts:
Echesa's acquittal in Sh36 billion fake arms case overturned
The chairman of the Kenya Water Towers Agency Rashid Echesa is expected to court on Monday, March 4, after the High Court overturned his acquittal.
In December 2021, the former Cabinet Secretary for Sports was cleared of the charges in the Sh39 billion fake arms deal.
Then, Senior Principal Magistrate Kenneth Cheruiyot said the prosecution had failed to prove its case after failing to call the key witness.
The prosecution however challenged the acquittal and Milimani High Court Judge Kanyi Kimondo found that the trial magistrate erred by acquitting Echesa based on a lack of testimony from certain witnesses.
He directed the Echesa to appeal before a Chief Magistrates Court for a mention and directions on his defence hearing in the arms matter.
Germany nation released with Sh1 m bond in sexual exploitation case
A German citizen who is facing allegations of sexually exploiting a child was on Thursday released on Sh1 million bond with two Kenyan sureties.
Appearing before a Kilifi Court, Netzband Tim Marvin was charged with child trafficking, child pornography and promoting sexual offences with a child.
He is reported to have committed the offences on diverse dates between January 1, and February 9, 2024.
"The charges are that on the 6th day of February 2024 at an unknown location within the Republic of Kenya, he promoted a sexual act to a child aged 15 years by distributing a nude picture via WhatsApp account on his mobile phone," the prosecutor said.
The matter will be heard on February 14.
Extradition proceedings for Kang'ethe delayed after fallout with lawyers
The man suspected of killing his girlfriend in the US before fleeing to Kenya Kevin Kang'ethe appeared in court twice, on Tuesday and Friday.
Both times, he did not have legal representation. On Monday he formally dropped his lawyers alleging a lack of attorney-client privileges.
He claimed that they were hired by DCI and would share their discussions with the investigative agency.
He was then given directives to be allowed access to his phone to get contacts to facilitate the acquiring of new lawyers.
On Friday however, he still did not have any and this time, he told the court that he was not allowed access to contacts.
Superintendent of Prisons in charge of documentation Martin Onyango however dismissed the claims, saying Kang'ethe had used the welfare phone on multiple occasions.
A document from Safaricom data showed that the suspect made calls several days between February 16 and February 28 while at the Industrial Area Remand and Allocation Centre.
Yet again, Milimani Chief Magistrate Lucas Onyina ordered that the suspect be allowed access to his contacts to facilitate his getting new counsel.
Bid to exhume Kibaki headed to court after family talks collapse
An application in court seeking to have the remains of former President Mwai Kibaki exhumed for DNA analysis will be heard on June 6.
The same is related to a case where a man is claiming shares in Kibaki's multibillion-shilling estate.
The application was filed after family talks to have the matter resolved out of court collapsed.
Jacob Ochola and a woman codenamed JNL moved to court claiming a stake in Kibaki's wealth on the argument that they were sired by the former President.
They have since asked the court to order DNA tests to show they are children of the former head of state and a recognition that they are his children and beneficiaries of his estate.
Ocholla and JNL want the court to order a sibling or paternity DNA test.
In the first prayer, they want the court to direct them together with Kibaki’s four children be subjected to a DNA test to establish whether they are children of the late President.
The children are Judy, James Mark Kibaki, David Kagai Kibaki and Anthony Andrew Githinji Kibaki.
In the second and alternative prayer, they want the court to order the exhumation of Kibaki’s body for extraction and collection of samples to be used in a DNA paternity test.
Acquittal of 25 KDF servicemen overturned
The Court of Appeal in Mombasa on Friday overturned the decision that acquitted 25 former Kenya Defence Forces (KDF) officers.
They included Jeffrey Okuri Pepela, Gabriel Kirigha Chawana, Reid Nyamweya, Samuel Kimani Onesmus, Japheth Muriithi, Ashford Chabari, Polycarp Nyairo, Aggrey Lanogwa, Edward Odanga, John Mutua, George Mutabari and Paul Gichini.
Others are Romano Ntongondu, Leornard Kighombe, Alfred Ketole, Jonathan Manko Murimi, George Nganga, Moses Bolo, Zechariah Gichoe, Albert Muoki Mwololo, Victor Nabwera, Soud Mohamed Omar, Moses Simiyu, Samuel Maingi and Simon Njoroge Mbugua.
The 25 former officers had been charged by the court martial with the offence of desertion, contrary to Section 74(1) (a) of the Kenya Defence Forces Act 2012.
The court martial found them guilty but after an appeal, the High Court acquitted them.
This was challenged and Appellate Judges Agnes Murgor, Mumbi Ngugi and George Odunga ordered the re-hearing of the appeal by a High Court judge other than the judge who previously handled the matter.
They further directed that the appeals be expedited and determined on a priority basis, taking into account the time that has so far elapsed.