Hard truths. Bold Insights. Real talk.
Justice David Mburu on Monday issued conservatory orders restraining the LSK from interfering with court proceedings before judges named in the boycott directive, as well as any other judge or judicial officer, pending the determination of a preliminary objection challenging the court's jurisdiction.
The matter came up before Justice Rose Ougo on Thursday, where Wamatangi, through his lawyer Jotham Arwa, applied to have the Senate enjoined as an interested party in the petition challenging the investigation process.
The decision was made by a three-judge bench, which found that election to the Senate does not take away a senator's constitutional right to access information under Article 35. The judges also ruled that Members of County Assemblies (MCAs) enjoy the same right and can personally request county government records whenever they need them.
State Counsel Dennis Mang'are opposed the bail application, relying on an affidavit sworn by investigating officer DCIO Henry Rabala. The prosecution argued that releasing the accused could interfere with investigations.
Sakaja explained that the recruitment process had to start afresh after the Assembly rejected the first nominee, forcing the county government to form a new selection panel and conduct another competitive hiring process before identifying a new candidate.
Justice Mutende also reminded the court that circumstantial evidence can only support a conviction where it leaves no reasonable alternative explanation
According to the petition, the Act has created "a closed loop of unaccountable financial governance" because it permits the Executive to sign international agreements, take on debt and authorise the use of public funds while shielding the institutions involved from judicial scrutiny.
In a judgment delivered on Tuesday, Justice Bahati Mwamuye found that the Public Health (Control of Shisha Smoking) Rules, 2017, ceased to have legal effect after the government failed to correct procedural defects within the timeline set by an earlier High Court ruling, effectively preventing authorities from relying on the regulations to enforce the ban.
Advocate Samuel Barongo Nyamari says the case has been filed in the public interest, maintaining that passengers should not be forced to endure loud music throughout their journeys. He argues that the practice infringes on their rights to dignity, privacy and a clean and healthy environment.
Kalombotole appeared before High Court Judge Diana Kavedza in Nairobi on Thursday, where the court received the findings of a fresh mental assessment conducted by three specialists from Mathare National Teaching and Referral Hospital.
The case arose from a contract signed on March 6, 2020, in which Technobrain (Kenya) Ltd was awarded a Sh847.2 million tender to supply, install and maintain the Integrated City Revenue Management System (ICMS) for Nairobi City County.
The roads are among the country's most important transport links, connecting Nairobi with the North Rift, Western Kenya and neighbouring East African countries. They also carry large volumes of passengers, fuel, agricultural produce, manufactured goods and other essential supplies every day.