It has, as usual, been a busy week at the corridors of justice. From cases at the Anti-Corruption Court, to the Constitutional division of the High Court.
Here are some of the major cases that made part of the court sessions:
EACC demands Sh1.6m from Rubis over KRC land
The Ethics and Anti-Corruption Commission moved to court seeking Sh1.6 billion from Rubis Energy over the alleged acquisition of public land belonging to Kenya Railways Corporation.
EACC sued former lands officials who served as the commissioners of lands between 1975 to 1999.
Also sued is a former director of physical planning in the Lands Ministry.
The anti-graft agency in its suit papers alleges that the former land officials irregularly allocated the land to private entities.
The said land is the parcel situated at the corner of Uhuru Highway and Haile Selassie Avenue where Rubis has its headquarters.
EACC claims the land was originally reserved for Kenya Railways and subsequently surrendered for the construction of a flyover to ease traffic congestion in Nairobi.
The agency in its investigations found that the land was reportedly irregularly alienated and allocated to private entities with all the land officials involved in the process.
"EACC contends that the property was land alienated for public utilities and therefore was not available for allocation. Therefore, the purported alienation and creation of LR No. 209/9641 and LR No. 209/12133 by the defendants was fraudulent, illegal, null and void," EACC says in its affidavits before the Environment and Land Court in Nairobi.
The agency accuses the former lands officials of unlawful disposition of public property.
Two convicted terror suspects sentenced to 19 years in prison
On Thursday, the Milimani Magistrates Court sentenced two terror suspects to 19 years in jail.
Abdimajit Hassan Adan and Mohammed Osman Nane were in February found guilty of being in possession of Improvised Explosive Devices (IEDs), seven projectile bombs and AK 47 rifles.
They had planned to bomb an unidentified building in Nairobi.
Their female accomplice, Lydia Nyawira Mburu, was handed a three-year jail term for forging an ID.
She was found guilty of forging a national ID card bearing the name Jirma Huka Galgalo (deceased), who was a member of al Shabaab, purposing it to be a genuine document.
The court had imposed a 25-year sentence on Adan and Osman but considered the six years they have been in custody as the trial was ongoing.
Delivering the verdict, trial Magistrate Zainab Abdul said, "there is no doubt the offence committed were serious in nature".
Athletics Kenya officials ordered to vacate offices
The High Court on Thursday ordered Athletics Kenya officials led by President Jackson Tuwei to vacate office with immediate effect.
Justice Lawrence Mugambi issued the orders after 10 petitioners challenged the process undertaken in revising the Athletics Kenya Constitution.
"An order be and is hereby issued that by dint Sections 46 and 49 of the Sports Act and the Second Schedule thereof, the officials and Executive Committee of the 1st respondent (Tuwei), who have been in office for a cumulative period of eight years since the coming into force of the Sports Act, have served their terms in full and must forthwith vacate office. They shall be ineligible to contest for any position in the organisation," the order reads.
The petitioners said Athletics Kenya, through Tuwei in November 2015, began the process of reviewing the body's Constitution so that its provisions could be compliant with the Constitution of Kenya and the Sports Act.
On April 27, 2016, during an Annual General Meeting (AGM), the amended Constitution was approved.
The court heard that the former Constitution had been enacted under the Societies Act before the enactment of the Sports Act, 2013.
The petitioners argued that the decision taken to amend Athletics Kenya Constitution was null and void as it was in breach of the Constitution and the Sports Act.
Directions for case on new health fund to be issued on Tuesday
The High Court will on Tuesday, March 12, give directions in a case challenging the Social Health Insurance Fund (SHIF).
Justice Alfred Mabeya who will be presiding over the case filed by activist Enock Aura set the date following the empanelment of a three-judge bench to determine the case.
Chief Justice Martha Koome tasked Mabeya, Robert Limo and Fridah Mugambi to deal with the case filed in 2023.
The empanelment comes after the National Assembly managed to convince the court that the case as filed by Activist Enock Aura raises weighty and complex constitutional issues.
One of the questions the bench will be called upon to determine is whether the integrated digital health information system violates the right to privacy by storing the data of minors without their consent.
The Social Health Insurance Act, Digital Health Act, Primary Healthcare Act and Facility Improvement Financing Act were passed by President William Ruto on October 19 last year.
Upon enactment of the said laws, the entire National Health Insurance Fund Act, 1998, (“the NHIF Act”) which had been in operation for 25 years was repealed.
John Matara charged with robbery with violence, rape
John Matara, the man accused of killing socialite Starlet Wahu was on Wednesday charged with rape and robbery with violence.
Appearing before Ruiru Law Courts Magistrate Charles Mwaniki, Matara was accused of committing the offences on May 16, 2023.
According to the charge sheet presented before the court on Wednesday, he is believed to have been on the day, at Kahawa Wendani, while armed with a kitchen knife robbed his victim of Sh88,300.
It is alleged that the total resulted from the robbery of Sh18,300 from M-pesa, Sh30,000 cash, a phone valued at Sh25,000 and another worth Sh15,000.
Matara is also accused of taking the lady's ID, international passport and family bank ATM card.
"Immediately before such robbery used actual violence to the said victim," the charge sheet reads.
He is also charged with rape and sexual assault.
"John Matara Ong'oa on May 16, 2023, at Kahawa Wendani, Ruiru subcounty in Kiambu County unlawfully manipulated the legs of his victim to cause penetration," the count of sexual assault reads.
Matara denied all charges, maintaining his innocence of the alleged offences.
Jowie Sentencing
Joseph Irungu alias Jowie will know his fate by Wednesday next week after the court postponed his sentencing on Friday.
Lady Justice Grace Nzioka gave the ruling after establishing that crucial documents that could assist the court reach its final decision in the case had been filed late.
The High Court was on Friday expected to impose its sentence on Jowie after he was found guilty of the murder of Monica.
He was convicted of the murder last month.
His co-accused and ex-fiancée Jacque Maribe was let off the hook.