- Appearing before Chief Magistrate Lucas Onyina, the state said a review on the charges against Itemere and 12 others revealed insufficient evidence to sustain the same.
- They were in 2018, charged with offences ranging from abuse of office, theft, conspiracy to steal and conspiracy to commit a felony.
Image: FILE
It has been a busy week for the Office of the Director of Public Prosecutions.
On one hand, the DPP has made his intentions to drop charges clear as he also promised to file an affidavit to keep the Kenyan suspect wanted in the US in court, pending a hearing and determination of the extradition proceedings.
Here are some of the high-profile cases in courts this week:
Court deals blow to trustees in SGR land compensation
The Environment and Land Court dealt a blow to the Trustees of Dupoto/Dafur Settlement Welfare after blocking a Sh2 billion compensation for land acquired for the construction of the Standard Gauge Railway.
Justice Mugo Mwangi restrained the Kenya Railways Corporation (KRC) from paying the trustees following an application filed by three Kenyans and Kuni Holdings Limited.
The three, David Kipkemboi, Swaleh Kamau and Barnaba Kipkurgat told the court that they are the owners of the land and not the trustees which the corporation now seeks to compensate.
The land parcels are situated along Mombasa Road in Nairobi between Libra House and Kapa Oil refineries, bordering the SGR, in a zone demarcated for industrial use.
The Judge directed the application be served on all parties for a hearing on February 26.
DPP to drop charges against ex-PS in Sh122m theft charges
The Director of Public Prosecutions on Tuesday told the court that he intends to drop charges against former ICT Principal Secretary Sammy Itemere and others in theft allegations of Sh122 million from the Government Advertising Agency.
Appearing before Chief Magistrate Lucas Onyina, the state said a review of the charges against Itemere and 12 others revealed insufficient evidence to sustain the same.
The co-accused persons include Edith Nkanata, Amos Matanga, Gladys Bwora, Gladys Mwanyika, Jesca Ateka, Rachael Wanjiru, Nellie Kibocha, Sammy Makau, Martin Njoroge, Hannah Wangari, Edmundi Munene and Victor Owino.
They were in 2018, charged with offences ranging from abuse of office, theft, conspiracy to steal and conspiracy to commit a felony.
They were charged alongside Kakamega Deputy Governor Ayub Savula (then serving as Lugari MP) and his two wives.
Two accused persons Henry Mungasia and Tabitha Nyamboke have since died. Also charged were seven entities.
The DPP said charges against Savula, his two wives, former GAA director Dennis Chebitwey and the remaining six suspects will proceed to full conclusion.
DPP to oppose Kang'ethe's release on bail terms
On Thursday, Prosecution Counsel Vincent Monda said the state intends to file an application opposing the release of Kenyan suspect Kevin Adam Kinyanjui Kang'ethe on bail pending the extradition proceedings.
Monda told Milimani Chief Magistrate Lucas Onyina that they will file the affidavit opposing his release on bail and bond terms, by the close of business.
This is to ensure that the orders issued by the court on Wednesday to detain the suspect for 30 days until March 4, are observed.
The DPP moved to court for extradition proceedings after receiving a formal request from the US.
The counsels representing Kang'ethe however opposed the pending affidavit, arguing that the DPP is seeking to hold the suspect indefinitely disregarding his rights.
They argued that Wednesday’s proceedings should not be confused with Thursday’s, stating that there were all rights to make bail applications in the extradition matter.
Wamunyinyi in court to block privatisation of public-owned sugar companies
Politician Wafula Wamunyinyi on Thursday requested the High Court to intervene and stop the intended privatisation of sugar companies through a long-term lease.
He told the court that there was a need to consider and involve the public in the government's decision-making process before the tender for the lease of Nzoia, Chemelil, Muhoroni and South Nyanza sugar companies, was issued.
In his petition, he has sued Agriculture CS Mithika Linturi who he says posted a tender invitation on the ministry website on January 16, for prospective bidders to submit tenders for the leasing.
Wamunyinyi has also listed the Agriculture PS and the Attorney General as respondents in the case.
"The CS and his PS have no power in law to compel the board by asking them to pass a resolution. They are in clear abuse of delegated sovereign power as this would mean that they are just puppeteers at whose whim everyone falls," he argued.
Uhuru's Son withdraws gun licence case
On Wednesday, former President Uhuru Kenyatta's son withdrew a case against the state over his firearm licence.
This was after Jomo Kenyatta, the Chief Licensing Officer, the Firearms Licencing Board and the Attorney General reached an agreement over the gun license dispute and recorded a consent in court.
In the consent adopted by Justice Jairus Ngaah, the matter was marked as settled after the state agreed not to interfere with Jomo’s firearm license.
The state further said it will abide by the procedure set out in the Firearms Act in dealing with Jomo.