- President William Ruto's administration suffered yet another blow after the High Court suspended the implementation of three laws until February 2024.
- The bills include, The Social Health Insurance, Primary Health Care Act, and the Digital and Digital Health Act.
Image: PCS
Corridors of justice this week had a series of public interest and high profile cases, raging from the judgement of the Finance Act at the High Court to cases on various state officials.
Here are some of the cases dealt with:
Implementation of Ruto's Health Acts suspended
President William Ruto's administration suffered yet another blow after the High Court suspended the implementation of three laws until a case challenging them are heard and determined.
In the orders issued on Monday, Justice Chacha Mwita said the implementation will wait until February 2024.
They include, The Social Health Insurance, Primary Health Care Act, and the Digital and Digital Health Act.
"In the meantime, a conservatory order is hereby issued restraining the respondents, their agents, or anyone acting on their directives from implementing and enforcing The Social Health Insurance Act 2023, The Primary Health Care Act, 2023, and The Digital Health Act, 2023 until February 7, 2024," the orders read.
The orders were issued following a case lodged by activist Joseph Enock, who through his lawyer Harrison Kinyanjui, told the court that the Social Health Insurance Act 2023 is unconstitutional.
He said the Executive usurped the role of the Parliament when enacting the new law and there was no proper public participation before its enacting.
Finance Act judgement
On Tuesday, a three-judge bench declared the housing levy unconstitutional.
The judges ruled that the introduction of the levy was discriminatory since it imposed taxes on salaried Kenyans alone and excluded those working in the informal sector.
The bench was composed of High Court Judges David Majanja (presiding), Christine Meoli and Lawrence Mugambi.
"An order is granted prohibiting the respondent from collecting/ charging or otherwise charging on Affordable Housing Act on the basis of section 84 of the Finance Act and all prayers on the consolidated petition not specifically granted," Judge Majanja ruled.
The court however ordered that Kenyans will continue remitting the 1.5 per cent of the salaries to the fund until January 10, 2024.
This is after it granted stay orders on the implementation of the judgement following an application by the state.
"An order of stay be and is hereby issued staying the effect of this judgement issued today November 28, 2023, pending the filing of a formal application for the stay of conservatory orders in the Court of Appeal," Majanja ordered.
"This order of stay shall remain in force until January 10, 2024."
The State through its lawyer George Murugara had asked the court to stay the orders for 45 days.
Brian Mwenda's case to start in March 2024
Remember the man accused of impersonating a High Court advocate?
The trial of Brian Mwenda is set to start in March 2024, after the prosecution told the court that they have supplied all material of evidence to the defence.
Milimani Chief Magistrate Lukas Onyina also heard from the defence who acknowledged receipt of the witness statements from the state.
The court then fixed the case for hearing on March 11, 2024.
In this case, Mwenda is charged with intent to deceive, knowingly and fraudulently making a false document namely a certificate of admission p 105/21249/22 in the name of Brian Mwenda N.
He allegedly purported it to be a certificate of admission to practice as an advocate of the High Court duly issued by the deputy registrar of the High Court.
Mwenda is said to have committed the offence between August 30, 2022, and March 3, 2023, at an unknown place within the country.
He is also facing another charge of fraudulently uttering a forged certificate of Admission in the name of Brian Mwenda N on March 3, 2023, at the law firm of Mwangi Kiai LLP Advocates offices in Westlands within Nairobi.
The accused was further charged with making a fake practising certificate for the year 2023 in the name of Brian Mwenda N purporting it to be a practising certificate issued by the chief registrar of the judiciary.
The court heard on October 9, at the law firm of Micheka Omwenga and company advocates offices, that the accused person forged a practising certificate for the year 2023.
Mwenda has since denied the counts of making a false document, uttering a false document and identity theft.
Five years for cop over Sh200,000 bribery
A police officer attached to the Directorate of Criminal Investigations (DCI) was sentenced to a five-year jail term with the alternative of a Sh1.9 million fine.
Julius Onyango Oguma had been found guilty and convicted of receiving a Sh200,000 bribe from a Chinese investor to release his wife in 2018, and for concealing evidence.
Trial magistrate Thomas Nzyuki convicted Julius Onyango Oguma on Thursday last week on the offence of bribery and concealing evidence.
According to the charge sheet, he concealed the Sh200,000 which he knew was to be used as evidence in an investigation for the offence of corruption.
In addition, officer Charles Macharia who was found guilty of obstructing four EACC investigators from arresting Oguma on the material day was given a fine of Sh400,000 in default 12 months in jail.
The court in finding him guilty said he acted violently when he drew his firearm and fired in the air, while the said investigators were effecting lawful arrest.
Jalang'o wins in ODM expulsion
Lang'ata MP Felix Odiwuor alias Jalang'o got a reprieve after the Political Parties Disputes Tribunal (PPDT) dismissed the ODM Party's decision to expel him.
Jalang'o won the case alongside Kisumu Senator Tom Ojienda, MPs Elisha Odhiambo (Gem), Caroli Omondi (Suba South) and Gideon Ochanda (Bondo).
The decision by the Tribunal on Wednesday was however not unanimous as one member dissented.
Desma Nungo and Stephen Musau, being the majority, held that there were aspects of an infringement of the party legislators' right to a fair hearing.
They particularly faulted the fact that the Disciplinary Committee was chaired by Professor Ben Sihanya.
"It is the Tribunal's view that by virtue of being a Lecturer in a Public University, Professor Sihanya was barred from taking a substantive seat or position in a Political Party in this case the ODM," the Tribunal ruled.
However, the dissenting member was of the view that the Tribunal had no jurisdiction to hear the matter.
He said ODM, having referred the matter to the Registrar on a charge that the Senator and MPs were deemed to have resigned, only the Registrar could determine this issue.
His conclusion was that the PPDT taking up the matter amounted to an encroachment of the statutory mandate of a Statutory Body namely the Registrar of Political Parties
In its final finding, the Tribunal held that the Complaints by the members were merited.
"We found that the disciplinary proceedings were unprocedural and restrained the registrar from removing the complainants, Tom Ojienda, Odhiambo, Ochanda, Jalang'o and Caroli from the ODM Party," it ruled.
Two public officers charged with Sh49 million fertiliser fraud
Two public officers were on Wednesday charged before Milimani Magistrate's Court of conspiring to defraud the government of Sh49 million in subsidised fertiliser deal.
Kiprotich Ronald Tonui and Edwin Ombui Oseko appeared before Magistrate Bernard Ochoi and denied the charges lodged before them.
They were charged that jointly with others not before the court, they conspired to defraud the government of 19,913 bags of 50kg subsidy fertiliser valued at Sh49,787,500.
They allegedly committed the offence on July 28, 2023, at an unknown place within the country.
Tonui and Oseko were also charged with abuse of office.
The court heard that on November 7, 2023, at the Ministry of Agriculture and Livestock Development Kilimo House within Nairobi, Tonui arbitrarily recommended the registration of Wilson Letuya Mempe as a farmer with 1,800 acres of land for crop farming at Melelo sublocation in Narok South.
The prosecution said the recommendation led the said farmer to redeem a total of 7,200 bags each 50kg of government subsidy fertiliser valued at Sh18,000,000.
He is also accused of unlawfully recommending the registration of Wilson Marindany as a farmer with 1, 200 acres of land for crop farming in Narok.
This would lead to the farmer redeeming a total of 4,800 bags each 50kg of government-subsidised fertiliser valued at Sh12,000,000.
Tonui and Oseko released on a Sh8 million bond each.