Court's review: Haiti case pushed to 2024 as ex- Senator is charged with fraud

Some verdicts will be issued in 2024, as on the case of police deployment to Haiti.

In Summary
  • 15 officers accused of the disappearance of two Indians and their Kenyan taxi driver, were freed on Sh1 million cash bail each.
  • The magistrate cited insufficient evidence for bail denial, saying the charge of enforced disappearance was not grounds for detention.
A judge's mallet
RULING: A judge's mallet
Image: FILE

In the last four days, the courts have had to make decisions on various matters, including the fate of the Quickmart heist suspects as investigations are completed, and the ongoing debate of police deployment to Haiti among others.

These are some of the decisions made:

Court to decide Police deployment to Haiti in 204

High Court Judge Chacha Mwita on Thursday said deployment of officers to Haiti will be determined on January 26, 2024.

The judge had on October 24, extended orders stopping the deployment of the officers to Haiti for a peacekeeping mission.

In the case, Thirdway Alliance party leader Ekuru Aukot sued President William Ruto and his administration in a bid to block the peacekeeping mission that will see the deployment of at least 1,000 police officers to the gang-ridden nation.

He argued that Kenya has not ratified any law or treaty to allow the deployment of police officers outside the country.

10 days detainment for Quickmart heist suspects

Following their arrest last Saturday, the suspects in the theft of Sh94.9 million belonging to Quickmart Supermarket were arraigned and the court directed they be detained for 10 days pending investigations.

The suspects, however, opposed the detention saying they are still innocent at this stage.

Milimani Principal Magistrate Zainab Abdul granted police 10 days instead of 21 days as sought, saying the detainment was merited owing to the amount of money stolen.

IG Koome, DCI boss summoned over 'abduction' of Sakaja aide

The High Court wants the Inspector General of Police and the Directorate of Criminal Investigations have been ordered to appear before it on Monday.

They have been summoned next week to explain why the aid to Nairobi Governor Johnson Sakaja should not be released from captivity.

"I direct the IG or his most senior representative and the DCI or his senior most representative to appear in court on November 20 at 10 am and show cause why Osman should not be released from captivity in compliance with court directions issued earlier,' Mwita said on Friday.

On November 10, former South C MCA Osman Khalif Abdi was allegedly abducted.

 Osman's wife through her legal representative said the motor vehicle involved in the alleged abduction is at a police station.

Through Advocate Eric Theuri on Thursday, Yasmin Osman told the court that her husband was kidnapped on November 10 at about 4 pm outside a shopping mall.

Vehicle fraud: Ex-Lamu Senator Loitiptip charged

Former Lamu Senator Anwar Loitiptip was on Thursday charged before a Nairobi court with Sh6 million motor vehicle fraud. 

The charge sheet alleged that Loitiptip on August 3, 2022, at an unknown place within the country, without lawful authority or excuse made a motor vehicle registration certificate purporting it to be a genuine certificate issued by the National Transport and Safety Authority (NTSA).

The court heard Loitiptip also fraudulently obtained from one Samson Malonza a total sum of Sh6 million by falsely pretending that he was in a position to sell to him a land cruiser V8 a fact he knew to be false.

He is alleged to have committed the offence on August 3, 2022, in Kileleshwa area in Kilimani.

However, while appearing before Milimani Senior Principal Magistrate Gilbert Shikwe, the ex-Senator denied the charges and pleaded for lenient bond terms.

"I am a law-abiding citizen...the charges against me are malicious. The car was stolen while I was busy campaigning when the alleged vehicle is said to have been stolen," he said.

"Am bankrupt now. Please give me lenient bond terms," he said. 

The court released him on a cash bail of Sh700,000 or a bond of Sh1 million.

The case will be mentioned on November 30.

Trader convicted in Sh960m fake currency to be sentenced

Milimani Law Courts Magistrate Ben Mark Ekhubi on Wednesday adjourned the sentencing of a businessman convicted of fraud and having fake currency amounting to Sh960 million to November 22.

This is to await a pre-sentencing and victim impact report from the probation officers' department.

When Abdoulaye Tamba Kouro was arraigned in court, he was charged with four counts.

Sh1m bail for cops in disappearance of two Indians 

Kahawa Law Courts Magistrate Gideon Kiage on Wednesday released the 15 officers accused of the disappearance of two Indians and their Kenyan taxi driver, on Sh1 million cash bail each.

The magistrate cited insufficient evidence for bail denial, saying the charge of enforced disappearance was not grounds for detention.

"I am not persuaded that the preferment of charges has changed the circumstances. The accused persons have been aware of the investigations, and they have been aware that they were implicated," the magistrate said.

"I hereby release each of them on a cash bail of Sh1 million or a bond of Sh3 million."

The officers drawn from SSU, DCI, NIS and KWS have since denied seventeen counts of offences.

The charges involve the accused conspiring to abduct and potentially harm abducting the Indian men namely Mohammed Zaid Sami Kidwai and Zulfiqar Ahmed Khan, and their driver Nicodemus Mwange.

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