This week at the Milimani Law Courts, the stage was set for a gripping courtroom drama, with several high-profile cases captivating the public's attention.
The stakes couldn’t have been higher—Sarah Cohen, the infamous accused in a sensational case, was denied bail in a decision that left many stunned.
Meanwhile, former Kiambu Governor Ferdinand Waititu pleaded for his own release on bail pending his appeal over a 12-year jail sentence.
But perhaps the most dramatic moment of all was in the Muchai murder trial, where a senior police officer took the stand and unraveled an extensive web of communication between the accused.
Muchai
In the Muchai case, the drama reached its peak when a Senior Superintendent of Police was called to testify. The officer detailed the chilling network of messages, phone calls, and plans shared between the seven accused persons.
Stephen Mwangi uncovered the extensive web of communication between the seven accused persons before and after the brutal murder of late Kabete MP George Muchai.
He revealed that the accused had been in constant contact, with some exchanging over 150 phone calls during the crucial days leading up to and following Muchai's tragic death.
Another officer whose task was to trace the accused persons testified that the G3 rifle used to allegedly murder Muchai was recovered in Eric Isabwas home in Kinoo.
Those on trial over his murder are Eric Isabwa alias chairman, Raphael Kimani alias Kim Butcher, Mustapha Kimani alias Musto, Stephen Astiva alias Chokore, Jane Wanjiru alias Shiro, Margaret Njeri and Simon Wambugu.
They have however denied the charges.
Ahmednasir ban
At the Supreme Court, a widow initially represented by Senior Counsel Ahmednasir Abdulahi in a succession case was given 30 days to secure a new advocate.
Chief Justice Martha Koome allowed Fatma Abud Faraj's request for an adjournment to give her time to find a new lawyer after Ahmednasir was banned from appearing before the court. The court had previously ordered Fatma to appear and state how she wished to proceed with the case.
During a virtual session, Fatma informed the judges that her former advocate, Asli Osman, who is part of Ahmednasir’s firm, had notified her of today’s hearing.
"I'm currently in the process of appointing another advocate. They have requested for time to peruse the documents since they are bulky. I therefore request for another hearing date. I will be filing a notice of change of advocate," said Fatma.
After hearing from Fatma, Koome said she was "inclined to grant her time within which to instruct another advocate. She is hereby given 30 days to look for another counsel,"
The Supreme Court has time and again stated that it will not hear any matters where the law firm of Ahmednasir is appearing before it.
This they said was because of "continued unsubstantiated attacks with the aim of damaging the reputation of the supreme judges".
Ian Njoroge and assaulted cop case
The Magistrates Court was also not left out after a 19-year-old student, accused of assaulting a police officer and stealing his communication device along Kamiti Road, was released.
He secured his freedom after the officer chose to withdraw the charges.
Officer Jacob Ogendo requested the court to drop the case against the accused, Njoroge, explaining that his decision was made from a parental perspective. He confirmed to Senior Principal Magistrate Ben Mark Ekhubi that he understood the case could not be revived once he opted to withdraw it.
Magistrate Ekhubi granted the application, stating, "Having heard from the complainant, Jacob Ogendo, regarding his desire to withdraw all the counts in the case also pursuant to consent granted by the DPP and also guided by Article 129(2)(c) to allow out of court settlement, I hereby allow the application," said the magistrate.
Sarah Cohen
At the Kibera Law Courts, Sarah Wairimu was denied bail over what the court termed as calculated attempts to intimidate key witnesses and deter them from testifying in the high-profile murder trial of her late husband, Tob Cohen.
Justice Diana Kavedza in a stern ruling, emphasized the importance of preserving the integrity of the trial, underscoring that the court's primary duty is to shield witnesses from any potential threats or interference.
The court in denying her bail said the submission made by the DPP that she is likely to intimidate or interfere with the witnesses has been proved with sufficient evidence. The two witnesses are under the witness protection programme.
"Moreover, this is a case of public interest where life was lost in the most heinous manner," the Judge ruled.
The judge said the evidence on record is that the two witnesses are known to the accused. They were employees of both her and the late Cohen. She took into consideration that Sarah in her affidavit and through her counsel did not deny the employment relationship.
"It is also uncontested that the witnesses reported acts of intimidation to the police, supported by several OB records adduced as evidence," the Judge remarked.
She said the likelihood to intimidate or interfere with the witnesses has been proved with sufficient evidence.
"Witness interference undermines the criminal justice system, perverting trial into mockeries and prejudicing victims' rights. And when bail objection cites interference, a court must carefully assess the objection, since protecting witnesses safeguards the trial integrity," Kavedza said.
Adams Oloo IEBC panel suitability case
This week also saw the Attorney General back Adams Oloo's IEBC appointment, further urging the court to dismiss a petition filed by city advocate Apollo Mboya Petition.
Oloo also denied allegations that he was an advisor to President William Ruto at the time of his appointment to the IEBC selection panel.
He filed a fresh application, demanding that the court strike out the petition filed by Mboya, which challenges his suitability for the panel.
Mboya’s legal challenge hinges on the claim that Oloo’s role as Ruto's advisor disqualifies him from serving on the panel.
However, Oloo asserted that he officially ended his tenure as a presidential advisor and member of the President’s Council of Economic Advisors on January 24—three days before his appointment to the crucial selection panel.
"The petition by Apollo dated February 4 is therefore premised on non-existent and misconceived allegations brought with an ulterior motive to derail the appointment of IEBC commissioners," Oloo said.
He added that if the work of the selection panel is derailed any further, it risks plunging the country into a state of anarchy.
Oloo seeks to have his application heard urgently and for the court to grant orders throwing out Mboya's petition.
Judge Chacha Mwita directed parties to exchange pleadings within ten days. Directions will be issued on March 5.
