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State House digital strategist Dennis Itumbi forwarded fabricated letter alleging there was a plot to kill DP William Ruto to a WhatsApp group called Tangatanga, a witness has told the Court.

Noah Keino, a clerk at the Kenya Industrial Research and Development Institute (KIRDI), told the Milimani Court on Wednesday that Itumbi posted the said-letter in late May 2019, but he [Keino] is not sure whether it was Itumbi who authored the letter.

Keino said he had seen the letter posted in three other WhatsApp groups, and, therefore, he couldn’t say with certainty that Itumbi was the source of the alarming message.

Keino, who is an administrator of the Tangatanga WhatsApp group, said the network was created for Ruto supporters to exchange ideas on how they can boost his 2022 presidential bid.

Itumbi is accused alongside one-Samuel Gateri of authoring and circulating an alarming letter that alleged that there was a plan to assassinate DP Ruto in order to stop him from ascending to presidency in 2022.

The two were, on July 22, 2019, charged with publishing a letter dated May 30, 2019 with the aim of causing anxiety to the general public. They denied the charges.

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Police in Siaya County have arrested a middle-aged man accused of killing his wife on Tuesday.

The suspect, identified as Joel Masiye, allegedly beat up his spouse to death over reasons yet to be known.

The incident happened at the couple’s home in Mundeku Village in Butere, Kakamega County.

It is said Masiye returned home while drunk and picked a fight with his wife. So vicious was the confrontation that it led to the death of Masiye’s partner.

After allegedly killing his wife, Masiye boarded a bus to his sister’s place in Siaya Town.

However, the suspect’s sister handed him over to police after he confessed that he had killed his spouse.

Masiye is being held at Siaya Police Station, whereas the deceased was taken to St Mary’s Hospital morgue in Mumias.

Police say they are investigating the matter, and will arraign Masiye once the probe is complete.

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Raila Odinga-led Orange Democratic Movement (ODM) party Secretary General Edwin Sifuna has told off ANC party leader Musalia Mudavadi over his Monday remarks against ODM party leader Raila Odinga.

Sifuna has told Mudavadi to desist from unnecessary tirades against Raila.

According to ODM’s Tuesday evening twitter post, Sifuna says the former Vice Presidents’s remarks on Raila were baseless and unwarranted, and only aimed at attracting cheap political mileage which doesn’t come so easily.

“SG @edwinsifuna tells ANC Leader Musalia Mudavadi to desist from unnecessary tirades against PL @RailaOdinga. He says the former VP’s remarks on the PL on Monday were baseless and unwarranted, only aimed at attracting cheap political mileage which doesn’t come so easily,” tweeted ODM.

During campaigns for ANC candidate Eliud Owalo, who is Mr Odinga’s former aide in Kibra, Mr Mudavadi claimed that the ODM leader was desperate to an extent of courting “corrupt governors” with a promise of protection.

“Several governors were called to Kibra. Most of them who have swindled public funds from county governments and their files are already with the Directorate of Criminal Investigations and Ethics and Anti-Corruption Commission and are now hiding behind the old man (Mr Odinga) to be protected during investigations,” Mr Mudavadi said.

Last week, a handful of governors were in Kibra to campaign for ODM candidate Bernard Imran Okoth. They included Wycliffe Oparanya (Kakamega), Anne Waiguru (Kirinyaga), Alfred Mutua (Machakos), James Ongwae (Kisii), John Nyagarama (Nyamira), Charity Ngilu (Kitui) and Kivutha Kibwana (Makueni).

Sifuna claimed Mr Mudavadi was “the biggest baggage” Mr Odinga has had to carry since 2002.

“Now that Raila has taken away that support, Musalia needs to be a man,” Mr Sifuna said.

Mr Mudavadi’s outburst, Mr Sifuna said, must be seen in the context of “a jilted lover, a parasite abandoned by its long suffering host.”

He added: “Musalia must chart his own political path and shed the addiction to free manna from the direction and generosity of Raila Odinga. There will be no more salvage missions for political bagasse of the Musalia variety.

“The process of becoming a man is painful, hence the outbursts, but it is a journey he must now take. He must look himself in the mirror, for his imminent fall to oblivion is his own making.”

Mr Siguna further noted that:  “Raila has made it clear that everyone accused of corruption or any other crimes must carry their own cross. Indeed, there are ODM governors in court facing various charges and if Raila were to shield anyone from prosecution he would have started with his own!”

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A female student at Kenya Industrial Training Institute in Nakuru was allegedly gang-raped on Sunday night. 

The first-year student, who is currently admitted to Nakuru Level Five Hospital is said to have been accosted by three men at about 3 am in her on-campus hostel room.

According to K24 Digital, three men armed with knives, broke into the girls’ hostel and went straight to the victim’s room where they tied the student to her bed.

It is alleged that the attackers knew her by name, with eyewitnesses claiming that they also knew she would be alone in her cubicle on Sunday.

“The attackers knew the victim by name even where she slept and that she was alone in the room, however, she has been out of the school compound since Friday and only arrived at the hostel Sunday evening,” a close friend narrated. 

The victim’s father blamed the school management for security lapses.

 He said he was informed of the incident via phone by the hostel matron on Monday morning.

The school management acknowledged the incident and said they had reported to the police for further action.

Confirming the incident, Nakuru Town East Police Commander Ellena Kabukuru said police have launched investigations, assuring students and parents the culprits will be caught and charged.  

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Sarah Wairimu, the chief suspect in the murder of Tob Cohen, has asked the court to grant her permission to access her Kitisuru home so that she can collect her clothes, shoes, vehicle and other belonging.

Wairimu, through her lawyer Philip Murgor, says she is spending a lot of money on purchasing new clothes.

In the application filed by Murgor, Wairimu says her vehicle is not part of the investigations, and, therefore, it should be released to her.

The suspect claims she is surviving on lifts from relatives and friends and taxi rides, which she terms as expensive.

The prosecution, through Catherine Mwaniki, objected to the application, saying everything in Wairimu’s house is treated as part of exhibit in Tob Cohen’s murder case, and, therefore, should not be tampered with.

Justice Stella Mutuku declined to issue any order Wednesday, instead, asking Murgor to file a formal application that will be heard on Tuesday, November 5.

Wairimu, who in early October pleaded not guilty to killing Tob Cohen, is out on a Ksh2 million bond.

Tob Cohen, who went missing on July 19, was on September 13 found murdered, and his body dumped in an underground water tank at his Kitisuru home.

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A 75-year-old man from Ikolomani in Kakamega County was on Saturday evening (October 26) arrested on suspicion of defiling a 14-year-old girl.

The suspect allegedly lured the teenager into a thicket, where he is said to have committed the crime.

Police say the septuagenarian “paid” the girl Ksh100 for the act.

He will be arraigned on Monday, October 28.

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An autopsy report by the government pathologist has revealed a university of Nairobi lecturer’s son died of stomach ulcers and obesity-related complications.

The lecturer was on Wednesday arrested after the decomposing body of her 13-year-old son was found wrapped in a blanket in their house in Nairobi’s South B estate.

Government Pathologist, Peter Ndegwa, said that the 13-year-old boy, Emmanuel Inyama, whose decomposing body was found in their house, was stressed, and weighed almost 100kgs.

The autopsy was done on Thursday, October 25, with the findings contradicting earlier reports by the lecturer, Annah Khahugani’, that the boy had slipped and injured himself, Standard reported.

“He was unkempt. His hair was unshaven. He was not in a very good state and he was very obese. His ulcers could have been stress induced,” Ndegwa said.

According to the government pathologist, there were no physical injuries on the boy’s body which was discovered the caretaker of the apartment where Khahugani lived in Nairobi’s South B estate.

He had gone to collect rent from her and when she did not answer the door, he peeked through the window.

“I saw a body covered in a blanket on the chair. There was a stench and houseflies were hovering over the body. I alerted the police immediately,” Mwangi said.

According to Mwangi, Annah and her son had lived in the house for about five years. He said she was an extremely religious person and from time to time, she would notify him in case she had prayer meetings at her house.

She told police the son fell and died in the house. She said she did not take him to the hospital because she does not believe in hospitals.

She was detained at Industrial Area Police Station ahead of a planned visit to a psychiatric for assessment of her mental status.Annah was found hiding in a cupboard after officers broke into the house. 

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Gilgil MP Martha Wangari has urged High Court judge Daniel Ogembo to deny her estranged partner Peter Karanja bail, saying Karanja, who is a suspect in the murder of Tob Cohen, does not have a fixed abode as claimed in his bail application.

Karanja, in his pre-bail report, told the court that his home is in Gilgil Town, where he lives with Martha Wangari.

The MP through her lawyer, George Kimani, however, denies that Karanja owns the said-house.

“The said-house No. 063 in Gilgil Town is my property. He [Karanja] has no right to claim occupancy or ownership of it. Therefore, Karanja cannot persuade the court to free him on ground that he has a fixed abode,” said Wangari in her affidavit.

The lawmaker, however, says she and Karanja are currently embroiled in a court case over the ownership of the Gilgil Town property.

She alleges that Karanja, whom she refers to as an acquaintance and not ex-husband, is trying to “illegally” occupy the house by alleging that they were married through a customary arrangement.

“That is not true. I have never been his wife,” she said, adding: “He was an acquaintance, whom I have since parted ways with, and I can prove that.”

Karanja, however, says he got married to Wangari in 2010 and were blessed with two children.

Their relationship, however, got turbulent a few years ago, leading to their separation, which is yet to be ratified through divorce, said Karanja.

Wangari, on her part, says the only known residence that Karanja can claim is that of his parents at Miti Mingia area in Gilgil.

The MP sought to see Karanja’s pre-bail report.

The accused’s lawyer, however, objected to Wangari’s application, saying she has no direct or indirect interest in the Tob Cohen murder case.

The State also opposed the parliamentarian’s application, saying: “It is not clear what role she wants to play in the case.”

“This [Tob Cohen murder case] is not a divorce case, it is not a land case. The probation officer has captured the marital status of the accused and the current status of the house. It is already before you [Justice Ogembo] for the court to make its decision,” said the State counsel.

In response to the two objections, Wangari said she has a right to seek any public document from any agency, given Article 35 of the Kenyan Constitution allows her to do so.

“The same way the Constitution protects any other Kenyan, I do not need to be invited in any case by the prosecution,” said Wangari through her lawyer.

Karanja’s family pleaded with the court to release him on bail, saying the accused has a permanent residence, is God-fearing and has no history of criminal activities.

The suspect’s sister said Karanja is the sole bread-winner in their family, and that he should be released so that he can continue “paying school fees for our sister who is living with disability”.

Karanja’s kin, led by his father and sister, say should he be freed on bail, the family will sell a 1-acre parcel of land belonging to Karanja’s grandmother so that they can raise the money.

Justice Ogembo rejected Wangari’s plea to have Karanja denied bail.

The suspect’s bail ruling will be made on Tuesday, October 29.

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Ethics and Anti-Corruption Commission (EACC) has summoned ex-Kasarani MP Elizabeth Ongoro and 18 others in a Sh48 million Kasarani Girls High School graft probe.

DPP Noordin Haji has approved the prosecution of the suspects after an in-depth investigations by the anti-graft commission.

The commission established that the award of the contract for the construction of the school was awarded without due regard to the procurement laws, the school does not exist and that payments were made to different individuals and companies associated to National Government Constituency development fund.

Already two suspects who served in the Kasarani NG-CDF tender committee have been arrested over the ghost multi-million project.

The two are former Kasarani District Development Officer Kefa Omanga Omoi and ex-Kasarani CDF Committee member Jecinta Akoth Opondi.

The anti-graft agency has directed that the former lawmaker and 18 others present themselves to sleuths at EACC’s headquarters at Integrity Center immediately.

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Also to record statements include; Mwalim Rashid, Ruth Kanini Kitonyi (former Kasarani District development Officer), Silvan Onyango, Pamela Mudha, Nashon Odongo (former Nairobi provincial accountant), Claperton Ouda, Douglas Parshet, Vitalis Obunga Ogingo (former regional accountant, Nairobi), Fredinand Masha Kenga, Maricus Otieno and Peter Aming.

Others include Maurice Orongo, William Ogutu Weda, James Juma Ochieng, Peter Ongeyo, Charles Owino, John Obonyo owinga and James Miruka Dola.

They will all face nine charges of conspiracy to commit offence of corruption, misappropriation of public funds, abuse of office, engaging in a project without prior planning, unlawful acquisition of public property and willful failure to comply with the law relating to procurement.

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A 14-year old KCPE candidate set to sit for national exams at Kasuna Primary School in Nyando, Kisumu county was attacked on Wednesday by his father and step-mother for allegedly stealing a mobile phone.

According to K24 Digital, the boy’s father, Apolo Onjulu, and his wife, Rose Awino, wrapped the 14-year-old’s fingers in a newspaper, soaked the papers in paraffin and lit a fire.

The boy’s screams of pain caught the attention of a neighbour, Richard Muga, who rushed to the scene and rescued the teenager.

The victim was, thereafter, taken to Ahero Sub-County Hospital for emergency care.

According to Kisumu County Director of Health, Dr. Dickens Onyango, the minor’s condition is stable despite sustaining severe burn wounds.

“The doctors at Ahero Hospital have assured me that he will be able to sit the KCPE test next week,” said Dr. Onyango.

Nyando police boss, Matete, says for the period that the suspects will be in custody, the boy will put up at a Good Samaritan’s place.

“A Good Samaritan has offered to accommodate the minor for the period that he will sit the KCPE exam [which begins next week Tuesday and ends on Thursday],” said Matete.

It is alleged that the teenager’s step-mother had accused him of stealing a smartphone, and when the boy denied the allegations, the suspect vowed to “teach him a lesson”.

Police say Awino waited until the boy’s father returned home from Awasi and told him [father] that the son had stolen a phone.

“It was at that point that the boy’s father wrapped the minor’s fingers in a newspaper and lit a fire that left him nursing serious burn wounds,” said Matete.

The suspects are being held at Ahero Police Station.

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A woman allegedly presented herself as a State House employee able to provide a tender for a military surveillance system, complete with all equipment and logistics — and a mandatory non-disclosure clause.

Another time, she allegedly presented herself as an employee of Deputy President William Ruto, able to provide tenders for 2,800 HP laptops valued at Sh180 million; one tender was for 120 laptops.

In both cases, the complainants were taken in by utterly convincing Wangari Kamau, alias Patricia Mareka. 

She allegedly was part of a ring of fraudsters. 

Kamau,  according to prosecution and victims, uses fake names and masquerades as a project manager or procurement officer at either State House or Harambee House Annex.

She also allegedly was part of a team of people masquerading as intelligence and military officers.

On Tuesday the woman who had been on the run for a year stood before a Kiambu magistrate and faced multiple fraud charges involving fake procurement deals linked to State House and the Department of Defence.

Kiambu senior principal magistrate Stellah Atambo ordered Kamau to be remanded at Lang’ata Women’s Prison until November 5, pending a bond hearing.

She is accused of defrauding Charles Ng’ang’a of Sh40 million and another Sh96 million by claiming that she was in a position to award him a tender to supply a military surveillance system, including 120 HP laptops for Sh96 million.

Kamau allegedly claimed the surveillance system was complete with equipment and logistical support and said a non-disclosure agreement was required.

There were various other tenders besides those for military surveillance and laptops, and a number of complainants.

Kamau faces other counts of falsely presenting herself as a State House employee.

Her lawyer Njau Kayai appealed for bail, saying his client is mentally ill and will not jump bail.

However, the prosecution objected, saying she had been on the run for a year after jumping bail in another similar case before a Milimani court, that one involving laptops and the DP’s office.

Kayai told the court his client hadn’t appeared because she suffers from a mental condition and therefore could not fully understand the conditions attached to her bail terms.

He also said that she had been admitted to Mathari Mental Hospital because of her condition, hence, the reason for her non-appearance. Kayai tabled a medical report indicating that Kamau she suffers from aggression.

The prosecution disputed the report, saying anyone could obtain documents from a doctor to support their claims. The prosecution said the investigating officer verified from Mathare that Kamau had been an outpatient only.

She is also accused of forging tender documents purporting them to be genuine, signed by Maj Gen Fatuma Ahmed Gaiti.

It is alleged that the accused introduced herself as ‘Ms Muhoro’, allegedly dropping government officials’ names and departments to lure victims with fake tenders.

In the case at the Milimani law courts, she is charged together with Alan Chesang and Augustine Matata.

Matata is in custody after a warrant for his arrest was issued for skipping court.

It is alleged that between May 30, 2018, and August 12, 2018, jointly with others not in court, the accused conspired to offer a fraudulent tender, in the name of Deputy President William Ruto for the supply of 2,800 laptops valued at Sh180 million.

The court heard that they obtained the laptops by false pretences from Makindu Motors Limited along Mombasa Road jointly with others who have not been arrested.

They allegedly presented fake local purchasing orders from the Deputy President’s office to defraud the complainants by claiming that the office was procuring the laptops.

The matter has been adjourned several times for several reasons, including the suspects’ absence.

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A prison warder from Mpigi District in Central Uganda has been arrested after she lost an AK-47 rifle assigned to her.

Police say that Hadijah Katono was chatting on WhatsApp on Monday afternoon, when the firearm was snatched from her.

According to Daily Monitor, Katono had been deployed to guard prisoners in Mpigi Town Council, when a man armed with an arrow tip-toed to where she was, slapped her twice, picked the weapon and escaped into a nearby forest.

“It’s unfortunate that we haven’t recovered the gun (AK-47) yet. Our preliminary investigation shows that the prison wardress was on WhatsApp before her gun was stolen,” Mpigi District police boss, Joab Wabwire, told Daily Monitor.

The news outlet reports that cases of insecurity are rampant in Mpigi District.

Katono was arrested and detained at Mpigi Central Police Station as investigations into the loss of the firearm continue.

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A flamboyant city lawyer has revealed for the first time how he almost died at the hands of Americans who wanted to arrest and extradite the Akasha brothers for drug trafficking. 

Cliff Ombeta told the Star how he thwarted attempts by the Americans to record his conversations and twice rejected hefty bribes. 

All these were part of efforts to force him to abandon his clients Baktash and his brother Ibrahim Akasha so that they could be extradited to the US. 

In a wide-ranging interview Ombeta laid bare the manoeuvres by the American investigators saying the US detectives threatened him with death after he refused to lead them to the Akashas’ hideout.

“They would trail us all the time. At one time I took a laptop that they were using to record us at Whitesands Hotel, smashed it on the floor and threw the fragments into the ocean.

“They said I had destroyed American property and insisted that they were not recording us. They said they were just testing their equipment. I dared them to do their worst,” Ombeta said.

Ombeta said the Americans monitored all his movements during the case and they often booked themselves in luxurious hotels where he was putting up.

“They knew which rooms we were staying. If we took room 113 they took 114,” Ombeta said. 

The city lawyer said that he was aware that Americans did not want him and had ‘cooked’ all sorts of stories to malign his name.  

“We had bodyguards at that time. That’s why they have bile with me. I even had to tell the court in one of the many hearings that there were intruders when I saw them sitting in court. I fought them in each and every yard,” the city lawyer said.

A U.S. judge sentenced Baktash to 25 years in prison in August after he pleaded guilty last year to conspiracy to import heroin and methamphetamine and other crimes

The prosecutors described Akasha as the leader of a crime family called the Akasha organisation. 

The organisation, they said, was a major smuggling operation connecting the poppy fields of Afghanistan to European and U.S. cities.

In his guilty plea, Baktash Akasha also admitted to bribing officials in Kenya.

His brother, Ibrahim Akasha, has also pleaded guilty in the case and is scheduled to be sentenced by the same judge in November.

But Ombeta maintains that the Akashas were not subjected to a fair trial in Kenya.

“They even offered me $250,000 (25 million) cash in City Mall telling me,  ‘Tomorrow don’t come to court’. But I refused. They tried every trick,” Ombeta told the Star.  

Ombeta denied claims that he was the conduit of hefty bribes that were allegedly offered to the country’s criminal justice system by the Akasha brothers.  

“Who took the money and for what? When they (Akasha brothers) were being kidnapped I fought with them (Americans) at City Mall. They even offered me the same amount of cash to tell them where Bhaktash was and I refused,” Ombeta said.

Baktash Akasha Abdalla, Vijaygiri Anandgiri, Gulam Hussein and Ibrahim Akasha Abdalla at the Mombasa High Court on February 9. Photo Mkamburi Mwawasi.

The case stemmed from a U.S. Drug Enforcement Administration probe into the Akasha organisation. 

It led to the extradition of the brothers to the United States from Kenya in January 2017 along with Gulam Hussein, a Pakistani national. 

Hussein was charged with heading a drug transportation network. 

Another person extradited was Vijaygiri Goswami, an Indian businessman accused of managing the organisation’s drug business.

Ombeta said that, at some point, the Americans nearly shot him so as to have their way in extraditing the two brothers to the US to face drug-trafficking charges.

“At Akasha’s house they even put guns to my head,” Ombeta said.  He maintains that he has no apologies for offering legal counsel to the Akasha brothers.

The two Akasha brothers were accused of successfully managing to stall their own extradition cases by first obtaining bail, repeated adjournments and slowing the wheels of justice.

The lawyer denied claims that he was at the heart of the elaborate web of people including security officials, the judiciary and top government officials that shielded the Akasha family drug empire from prosecution.

He said that it was the Americans who branded the Kenyan justice system corrupt and connived to airlift his clients after the prosecution sensed defeat in court.

“Then they started calling us bad names, saying that we were corrupt and were delaying the case. Truth is we never delayed the case but it was the prosecution that did,” he said. 

They never brought witnesses, just affidavits and when they realised that the court might rule against them they decided to kidnap them, Ombeta said.

“All this talk that people were given money is rubbish. Most of those mentioned never handled the matter and some of the ones who handled the case have not been named,” he said. 

Ombeta said drama started when the Akashas were first arrested. 

He immediately set in motion a legal challenge after realising the government’s intentions were to extradite them to the US the same day.

“We managed to block it after I told the court there was nothing like that in law and we have an extradition treaty with the US. They had sneaked them into court at 3pm to get orders,” he said.

He went on: “After the court declined, the state prepared charge sheets in court and charged them with drug trafficking. That is when the drama started.”

The lawyer said he came to know the Akashas during his pupilage when they used to go to court for their father’s cases. 

He became close with them when he appeared for murder suspects who had been charged with the killing of their dad.

“When I reached there I met Bhaktash Akasha and his brother who asked why I was representing people who killed their dad, yet  we were friends.

“Because I had already been paid I went for the first two to three sessions and handed it over to someone else because of conflict [of interest],” he said.

The Akasha brothers reportedly confessed to the US authorities of bribing officials in Kenya, Tanzania and other countries to ensure their drugs moved across borders without scrutiny.

During court proceedings in the US, Baktash and Ibrahim are said to have named persons in the judiciary and government as part of the Akasha’s drug empire. 

Among them were a prominent city lawyer, a former senior official in the Directorate of Criminal Investigations, some judges and government officials.  

It was also claimed that the US government had already made their Kenyan counterparts aware of its intention to charge the suspects in US courts.

But Ombeta said that the US authorities had resorted to mudslinging and blackmail after failing to sustain the prosecution in Kenya.

He said his clients never influenced the court system.

“Let them not call judges bad names, even the ones who were never interested in the cases. The blame is squarely on them. I think the courts were against us. From the lower court all the way to the Court of Appeal, they did not favour us,” Ombeta said.

The lawyer said that while the defence counsel was busy researching and preparing for a final push towards an end to the extradition matter, the prosecutors were “gift wrapping four nice bundles to hand over to the Americans. The DPP was preaching the law while breaking it”. 

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The DCI chief, George Kinoti, has hired city lawyer Donald Kipkorir to represent him in a civil case in which a contempt action against him was filed by Sarah Wairimu-Cohen.

In a letter addressed to Wairimu’s lawyer, Philip Murgor and State prosecutor, Catherine Mwaniki, Kinoti says he “read on social media that Wairimu had sued him for contempt of court”.

Kinoti said he was out of Kenya, and that he has been meant to understand that the State is yet to receive the application of contempt against him.

In the letter to Wairimu’s lawyer, Kinoti is asking Murgor to serve his legal rep, Kipkorir, with the application.

Kinoti has termed the letter as urgent.

On Tuesday, October 15, Tob Cohen’s widow, Sarah Wairimu, filed to have Kinoti, Nation’s special projects boss and senior journalist, John Kamau, and State prosecutor Juma Victor Owiti jailed for six months for contempt of court.

Wairimu’s list also included Office of the DPP (3rd respondent) and that of the DCI (1st respondent). The applicant wants the two offices fined for contempt.

Wairimu said the five respondents disobeyed an edict issued by Lady Justice Jessie Lesiit on September 16, which barred the DCI, DPP and the media from publishing content involving investigations into Tob Cohen’s death.

Wairimu accused DCI chief Kinoti (2nd accused) of “prosecuting” the case against her on September 13 after discovering Cohen’s body in his Kitisuru home.

“…[ On September 13], the 1st and 2nd respondents, knowing well that there was no iota of evidence directly or indirectly linking the applicant to the murder of her husband, continued to prosecute their trumped up case against the applicant through the print and electronic media by going into a frenzy of: malicious and unsubstantiated allegations; unsolicited commentaries; uniformed opinions; and unverified theories, all calculated to depict the applicant as a cold-hearted originator, facilitator and executor of her husband’s initial disappearance and subsequent murder,” said Wairimu in her application filed at the High Court in Nairobi on Tuesday, October 15.

On John Kamau, whom she listed as the 5th respondent, Wairimu accused him of writing a “damning article” published on September 16, which, she said, “cast aspersions on the innocence of the applicant”.

The article, Wairimu said, was titled Inside web of lies that led police to Cohen’s body.

Wairimu also accused Kinoti of holding on to her matrimonial property with the aim of “handing it over on a silver platter to interested parties, including the siblings of the deceased as confirmed in an article published in The Star newspaper on September 16 titled Cohen gave sister Ksh400 million will”.

Juma Victor Owiti, the 4th respondent, is the State prosecutor.

The pre-trial for Tob Cohen murder case begins on October 30.

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Malindi MP Aisha Jumwa spent the night in police custody over the violence that broke out at Ganda ward in Malindi on Tuesday evening.

A man was shot in the shoulder and killed during the chaos and several other people, including police officers, were injured. Jumwa had stormed a meeting organised by Reuben Katana, an ODM candidate in Thursday’s by-election.

Gumbao Jola, 48, died upon arrival at Malindi General Hospital. He was Katana’s uncle.

The MP arrived at the meeting in a convoy of three vehicles. Thereafter, chaos erupted and police officers were forced to shoot in the air several times. The lawmaker is the chief campaigner for independent candidate Abdulrahman Omar, according to her lawyer Jared Magolo.

The MP, whom the police described as confrontational and fond of making inciteful statements in public, accused Katana of campaigning long after the campaign window period had been closed.

Katana was hosting more than 500 people at his home. Jumwa and her bodyguard, Geoffrey Otieno, are suspects in Jola’s murder.

The two were arrested on Wednesday at 1.50am, taken to Port police station in Mombasa before they were arraigned at 2.30pm, her lawyer said. Initially, there were reports that four people had been arrested, but only two were arraigned.

Jumwa and her bodyguard were, however, not charged as assistant Director of Public Prosecutions Alloys Kemo applied to have them detained for 21 more days, pending investigations.

In a sworn affidavit, Kemo said the police want to hold the MP and her bodyguard as they investigate four charges — murder, incitement to violence, breach of Election Offences Act and breach of electoral code of conduct.

“Police have intelligence that the first respondent’s (Jumwa’s) agents are planning to disrupt the Ganda by-election tomorrow. They are regrouping at Takaungu,” Kemo said.

He added that security agents at the coast cannot guarantee the security of Jumwa and her bodyguard because the Malindi residents are baying for their blood.

“A large crowd gathered at Malindi police station on Tuesday night chanting that they want to avenge the death of Gumbao Jola. The two should be detained because the situation in Malindi is tense and volatile,” Kemo said.

He added the police need enough time to conduct an autopsy on the body and carry out a ballistic investigation on the firearm used to kill Jola.

“Police also need to find out if the second respondent (Jumwa’s body guard) is a licensed gun holder. A ballistic investigation will be conducted on the gun and the bullet cartridges that were recovered today at 2am,” he said.

However, Jumwa’s lawyer Magolo described the DPP’s application as “hopeless.”

“The application is actually crying for dismissal.  This court should not agree to be allowed to take sides in an election contest.

“We know there are people who want to take away Jumwa from Malindi because she is the chief agent of a candidate in Ganda’s by-election,” Magolo said, adding the DPP is dishonest in his submission.

“They have admitted that was an illegal gathering. It was taking place after the official closure of campaign period. Jumwa is an MP and a chief agent of a candidate in that election and had gone to seek answers, but she was then attacked,” Magolo said.

Jumwa is represented by four lawyers in the case. Her second lawyer, Gikandi Ngubuini said the are no records to show that Jumwa is confrontational.

“No records have been produced to show the first respondent has ever been found guilty of incitement. No evidence has been filed in this court from any person to show that once the MP is released there would be violence in Ganda,” Ngubuini said.

On Wednesday evening, Mombasa senior resident magistrate Vincent Andet said he would make a ruling on whether to release Jumwa on bail or continue holding her as requested by the DPP today.

“It’s already late in the evening and I’ve not been able to go through all the submissions. I would request that I deliver a ruling tomorrow (Thursday) at 8.30am,” Andet said.

According to Jumwa, the meeting was aimed at planning violence against her supporters with a view to ensure her candidate loses.

`The embattled legislator has been branded a rebel and ousted out of Raila Odinga’s party for supporting Deputy President William Ruto’s 2022 presidential bid. 

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Attempts by Ida Odinga, through her lawyer, to stop the media from publishing details about the Fidel Odinga property row pitting his widow, Lwam Bekele, against Ida and her daughter, Winnie, have been thwarted by High Court judge Aggrey Muchelule.

Ida’s lawyer, Victor Olao, sought orders from Muchelule on Wednesday to have the media stopped from covering the dispute that has ended up in the public space.

“You are fighting in an open court; therefore, we cannot stop the media [from accessing the courtroom, or covering the case]. If the media finds the story juicy, let them publish [its details],” Muchelule told Olao.

Muchelule, earlier Wednesday, ordered a DNA test on twins allegedly sired by the late Fidel Odinga.

The judge directed that the test be conducted to ascertain the paternity of the two before proceeding with the succession case.

This is after Lwam objected to an application filed by Ida Odinga and her daughter, Winnie, seeking for grant of representative in the estate.

In her response, Lwam asserted that her son is the only heir to her late husband’s properties, denying knowledge of the said twins whose interest was raised by Ida and Winnie.

Lwam said Ida and Winnie’s application to have her son co-share the properties with the twins has been overtaken by events, having been allegedly filed outside timelines stipulated by the law of succession.

She said the grant of letters of administration of the estate was already issued on January 9, 2019.

Lwam claims that birth certificates of the twins, which were attached in Ida and Winnie’s affidavits, did not indicate the father of the minors, hence it is yet to be proven that Fidel sired the children.

She further claims the birth certificates show the minors were born on July 1, 2015, six months after Fidel’s death but Ida and Winnie alleged Fidel was already supporting the children.

But Lwam said that if it’s proven that her late husband fathered the minors, she will include them as beneficiaries.

The widow also denied claims that she has hidden her son from Raila’s family or even withdrawn him from the formal education system as alleged by her mother-in-law.

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