‘You are a male version of a slay queen’ High court brands Jowie

The High Court has described Joseph ‘Jowie’ Irungu as a male version of a “slay queen and a woman eater.”

Justice James Wakiaga while denying Irungu bail also said he is a flight risk who is likely to abscond the jurisdiction of the court.

Irungu is charged alongside Citizen TV journalist Jacque Maribe for the murder of businesswoman Monicah Kimani at her apartment in Kilimani.

maribe-bail

 

Jacque Maribe freed on , Jowie denied bail

 “The picture that emerges from the prosecution’s evidence as set out herein above, and that the bail report of the accused, is that he is a male version of slay queen. Which for lack of better terminology, I will call a woman-eater,” Justice James Wakiaga said.

Maribe has been released on a Sh1 million cash bail and an alternative of a Sh2 million bond or three sureties of a similar amount.

Justice Wakiaga explained that lack of permanent residence for Irungu and lack of occupation also played a role in the decision to deny him bail.

“He was living in the house of the second accused, driving the second accused’s car with no known source of income since 2017 when he provided security for some Jubilee politicians,” Judge Wakiaga added.

jacque maribe and jowie

Also, his well documented love for guns and the fact that he can have access to one was highlighted.

The court said Jowie, being a person with specialised security training, and having handled various guns, he would pause a risk by creating fear and intimidating witnesses.

He said Jowie had also self inflicted wound while attempting to commit suicide and that was an indication that his life is in danger and needed protective custody under proper police supervision.

“This court therefore orders that the first accused person remains in custody for the period of his trial and must be accorded proper treatment,” Justice Wakiaga said.

Migori Governor Okoth Obado released on cash bail

The High Court has released Migori governor Okoth Obado on a Sh5 Million cash bail.

The court ordered Obado to provide two sureties of the same amount.

“He must deposit his travel documents including passports,” Justice Jessie Lessit said when she made the ruling on Wednesday.

Lessit also ordered Obado not to intimidate parents or siblings of the deceased Sharon Otieno since the court is at liberty to cancel his bail terms.

Obado’s co-accused persons Michael Oyamo and Caspal Obiero were denied bail with the judge saying that there is a likelihood that they will interfere with the investigations.

Migori Governor Okoth Obado at a Milimani court on Monday,September 24 where he was charged with the murder of 26 years old Rongo University student Sharon Otieno . PHOTO/COLLINS KWEYU

High court judge to determine if Obado will be released on bail

Justice Lessit said Obado should not go 20 km away from the boundaries of Migori county. The hearing of the case will be held on May 17 next year.

 Obado has been in remand at the Industrial Area prison for 33 days after his arrest on September 21 in connection with the murder of Rongo university student

Lessit had declined Obado’s first application for bail on September 27.

She said that uncertainty of the safety of witnesses in the murder trial led to the denial of bail.

Obado is facing two murder charges alongside his personal assistant Michael Oyamo and County Clerk Caspal Obiero.

The second charge is that of killing Sharon’s unborn child.

Reprieve for Kenyans as high court stops 16 % levy on fuel products

The High Court sitting in Bungoma has today granted temporary orders stopping the levying of 16% VAT on all fuel products.

The petitioners under the name Sumawe youth group represented by Advocate Ken Amondi argued that the Minister had flouted core constitutional principles and values in arriving at the decision.

They argued that the matter was an issue of public interest affecting all Kenyans and it was wrong for the cabinet secretary to hide under the guise of waiting the presidential assent on a matter that parliament had deliberated .

“The people speak through their representatives who are members of parliament and the act of the CS is against constitutional principles ,” argued lawyer Amondi.

The energy regulatory board and the Cabinet secretary finance had been listed as respondents in the matter .

The petitioners further argued that the powers of spending public finances had been vested to parliament which had spoken through amending the bill.

Justice Stephen Riechi had ordered that the matter be mentioned on 12/09/2018 in Kisumu.

-JOHN NALIANYA

Woman Handed Death Sentence For Killing Spouse

Sheila Wanjiku was found guilty of premeditated murder by Justice Jessie Lessit last week, and the High Court sentenced her.

Wanjiku was charged with the murder of Leonard Kibinge, who was her husband, on April 15, 2014, in Gitaru village, Kikuyu constituency.

Delivering her sentence, Lessit said she had considered mitigation by Wanjiku and the seriousness of the offence.

The accused is a mother of two and the sole breadwinner of her family.

However, Lessit said her hands were tied because there is only one sentence for murder, which is death.

In the judgment delivered last week, Lessit said the prosecution had proven through their witnesses that Wanjiku shot her husband three times.

She further pointed out that even though there was no direct evidence linking her to the murder, there was circumstantial evidence and inconsistencies in her account of events.

“The murder weapon was not recovered and produced in court. Failure to do so was, however, not fatal to the prosecution’s case as police were not at the scene during the incident and the accused had time to dispose of the weapon,” Lessit said.

Lessit said Wanjiku’s innocence was not sufficiently proven by the defence.

In her defence, Wanjiku had told the court she and her husband were kidnapped on that fateful night and he was killed by the kidnappers.

She said during the alleged attack’ she walked away then heard a blast before their car crashed into a fence.

However, the judge faulted her testimony, saying she did not check on her husband who was driving the car before it crashed.

Lessit also said she found it interesting that after

She further pointed out that even though there was no direct evidence linking her to the murder, there was circumstantial evidence and inconsistencies in her account of events.

“The murder weapon was not recovered and produced in court. Failure to do so was, however, not fatal to the prosecution’s case as police were not at the scene during the incident and the accused had time to dispose of the weapon,” Lessit said.

Lessit said Wanjiku’s innocence was not sufficiently proven by the defence.

In her defence, Wanjiku had told the court she and her husband were kidnapped on that fateful night and he was killed by the kidnappers.

She said during the alleged attack’ she walked away then heard a blast before their car crashed into a fence.

However, the judge faulted her testimony, saying she did not check on her husband who was driving the car before it crashed.

Lessit also said she found it interesting that after the incident, Wanjiku bypassed the Kikuyu police station – a stone’s throw away from the purported crime scene – and went to report the offence at the Central police station.

the incident, Wanjiku bypassed the Kikuyu police station – a stone’s throw away from the purported crime scene – and went to report the offence at the Central police station.

-The Star

DUNIA IMEPASUKA! Sex With Cousins Is Totally Legal, Rules Kenya High Court

Should first cousins be allowed to have sex? The courts think so.

According to The Star, High Court Judge J A Makau says the law does not list first cousins among the relatives between whom sex is classified as incest under the law.

In his judgment, Makau said it is permissible to have sex with a cousin because in some cultures in Kenya, such as some Hindus and Muslims and some African communities, sexual acts with cousins are not criminalised.

He cited Section 20 ( 1 ) and 22 ( 1 ) ( 2 ) of the Sexual Offences Act.

Makau said Parliament intentionally and with good purpose excluded relationship of cousins.

He said this on July 28 when he ruled on an appeal by a man sentenced to 10 years for incest and defilement.

The man, identified in the case only as WOO, is said to have defiled his 16-year-old paternal first cousin. The two cannot be identified for legal reasons.

The judge disagreed with the trial court for punishing the man for incest, saying, “My understanding of the said Section 20 ( 1 ) is that if any sexual act takes place between two cousins, that does not amount to incest within the meaning of the provisions of Sexual Offences Act.”

He added, “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 relationship, to be considered in determining a case of incest.”

-The Star

Woman Who Stabbed Boyfriend 22 Times Charged With Murder

Ruth Kamande at the Milimani Law Courts last month. | image source: the-star.co.ke

A 21-year-old woman who fatally stabbed her boyfriend 22 times was charged with murder at a Nairobi court on Wednesday.

Appearing before High Court Judge Jessie Lessit, Ruth Kamande alias Biggy denied the charges and the Judge ordered that she be remanded at the Lang’ata Women’s Prison pending application for her bail.

Kamande is accused of stabbing her boyfriend, Farid Mohammed, to death on September 19 this year at Buru Buru Estate in Nairobi after she allegedly found a message from another woman on his phone.

The case will be mentioned within the next 14 days.

– The STAR

High Court cancels Feisal Mohammed’s sh10million bond

Photo source: File

The High Court has cancelled a 10 million shillings bond granted to suspected ivory kingpin Feisal Mohammed. The judge said the magistrate’s court had no jurisdiction to review the bond application that had earlier been overruled by a higher court.

The prosecution had opposed Feisal’s release saying he was a flight risk. 

CS Kamau ordered to take plea

Photo source: scoopnest.com

The high Court has ordered suspended cabinet secretary of  Transport, Engineer Michael Kamau to appear before the Anti-Corruption court on Thursday to face charges of Abuse of Office.

Justice mumbi Ngugi said that due to time constraints, she was unable  to issue temporary orders  stopping his arrest and prosecution. The judge has directed Kamau to make appropriate bail and bond applications pending the high court ruling on the matter.

She however directed that the proceedings after the plea is taken be stayed, pending a ruling whether the case will proceed or not on the 9th June 2015.

Viongozi Wa Kidini Watishia Kuishtaki Serikali Mahakamani

Mahakama Kuu. | image source: businessdailyafrica.com

Viongozi wa kidini kutoka Rift Valley wametishia kwenda mahakamani ili kuishinikiza serikali kubatilisha uamuzi wa kuzitangaza shule zinazofadhiliwa na makanisa kuwa za umma.

Viongozi hao wanasema serikali imechukua usimamizi wa shule hizo na hata kuziteua bodi za usimamizi.

High court declines to stop EACC prosecutions

Photo source: businessdailyafrica.com

A bid by 3 Lawyers to Stop the prosecution of persons mentioned in the ethics and anti corruption commission, Corruption Report has failed after the high court declined to declare it unconstitutional.

The lawyers Chege Kamau, Jibril Noor and Kipkemoi were challenging the Constitutionality of the EACC Report tabled in parliament by the President on grounds that it violates the rights of the people mentioned in it.

Justice Mumbi Ngugi said the petitioners had failed to demonstrate how their rights were violated. 

The lawyers claim that the authors of the report lacked moral and legal authority to investigate corruption. They wanted a declaration that the report is unconstitutional and that the president violated the law. The case will be heard on June 9.