Justice Margaret Muigai cited risks of witness interference, threats to the victim’s family, and potential erosion of public confidence in the justice system as reasons for denying the application.

“The court finds the reasons advanced by the DPP on the possibility of interference with witnesses, protection and safety of victims, and maintenance of public order, peace and security, to be compelling,” Justice Muigai ruled.

Baraza had told the court he would comply with any bail conditions.

“I will not abscond, and will attend all proceedings whenever and wherever required,” he said, noting his residence in Kayole.

The prosecution, however, argued that his police training and access to investigative networks made him a flight risk and could allow him to intimidate witnesses.

An affidavit filed in court noted that several witnesses, including junior officers and civilians, fear for their safety.

“The applicant is well trained and conversant with investigative procedures, police networks, and knowledge to evade detection. He may interfere with witnesses and tamper with evidence,” Justice Muigai observed.

The court also highlighted the suffering of Kariuki’s family, who have faced intimidation since the incident.

“The family of the deceased have had their phones jammed with calls and SMS messages castigating them… they fear possible interference with witnesses and the hearing process,” the judge noted.

Justice Muigai said Baraza could renew his bail application after key witnesses have testified and urged the trial court to expedite proceedings.

The case will be mentioned again on February 17, 2026, to fix hearing dates.

The post Officer Klinzy Baraza Denied Bail Over Mask Vendor Killing appeared first on Insider Bits News.

Justice Nixon Sifuna of the Anti-Corruption and Economic Crimes Division ruled that the agency failed to prove the funds were proceeds of crime.

The judge added that the agency’s investigations were “rash, selective, and riddled with gaps,” and could not sustain a civil forfeiture claim.

He concurred with Sonko, stating that indeed he defended deposits as legitimate business and land sale proceeds.

ARA had argued that the deposits, spread across Sonko’s accounts at Equity Bank, Co-operative Bank and Diamond Trust Bank, were linked to corruption at City Hall and formed part of a “complex money laundering scheme.”

“The Motion states that there are reasonable grounds to believe that those funds are proceeds of crime. Reason for which the Motion has urged this Court to declare those funds proceeds of crime; and order that they be forfeited to the Kenya Government,” the judgment states.

In its case, ARA relied on an affidavit by Corporal Sautet Jeremiah, who claimed that between 2017 and 2019, Sonko’s accounts received “huge suspicious cash deposits and transfers” which were a “clear case of splitting, smurfing and placement of funds into the banking system.”

But the court criticised the agency for producing no statements from individuals allegedly involved in the flagged transactions and for only presenting bank records from August 2017, when Sonko became Governor.

“That selective approach is either dishonest or rash, oppressive and skewed to propound the Applicant’s narrative. It amounts to cherry-picking of data, as opposed to an objective consumption of the entire available data,” the judge ruled.

Sonko, in a replying affidavit dated November 7, 2023, dismissed the claims, saying he had legitimate business dealings long before entering politics.

The former governor through, Lawyer Harrison Kinyanjui cited earnings from matatus, nightclubs, restaurants, real estate and cyber cafes, as well as proceeds from land sales in Kwale and Kajiado worth hundreds of millions of shillings.

“I had for long had various income generating businesses, and it was normal and usual for my bank Accounts to receive huge cash deposits… I never at the time thought that I will later be called upon to explain these proceeds,” Sonko stated.

The judge found that ARA had not proved its case on a balance of probabilities as required under the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA).

“Investigation is not a pastime activity to be undertaken lazily, leisurely, lousily and rashly. It is a solemn duty for which the investigator is being paid,” the court stressed.

Consequently, the application was dismissed and the funds, totalling about Ksh26 million, remain under Sonko’s control.

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Justice Prof. (Dr.) Nixon Sifuna, sitting in Nairobi, ruled on Tuesday that the request for a blanket injunction against the Daily Nation amounted to an attempt to impose a “rolling gag order” on the press and failed to meet the strict legal threshold required in defamation cases.

“This Court is not satisfied that the Plaintiff has established a sound enough and legally sufficient enough basis for a grant of the injunctive orders sought in this Motion. The Motion is therefore for dismissal,” Justice Sifuna held in a ruling delivered on September 30, 2025.

Governor Sakaja had filed a libel suit against NMG, journalist Evans Habii, and reporter Nyaboge Kiage over a June 19, 2025 Daily Nation front-page story titled “How Chaos Was Planned.

” The article, which carried his photograph and attributed statements, linked him to goons accused of attacking protesters in Nairobi.

In his motion filed the same day, Sakaja sought interim orders restraining NMG from publishing or disseminating any further stories suggesting he organized, planned, or funded the violence.

He argued that without such orders, the defendants might publish similar allegations during anniversaries of the protests.

The defendants opposed the motion, insisting that granting such injunctions would violate press freedom guaranteed under Article 34 of the Constitution.

Justice Sifuna stressed that courts must balance two constitutional imperatives in defamation cases, press freedom and an individual’s right to reputation, but that restrictions on the mainstream media should only be issued “sparingly and in exceptional circumstances.”

“Pre-trial injunctions against the mainstream media platforms ought to be issued very sparingly and only in exceptional and most deserving circumstances,” the judge noted.

He further cautioned against issuing speculative or anticipatory gag orders.

“In the pre-trial period, a rolling gag order such as the one the Plaintiff is seeking in this Motion, is most undesirable. At its worst, such an injunction can in its terms be rather speculative, hypothetical and remote,” He said

The court held that Sakaja had failed to demonstrate evidence of any imminent or immediate threat of another defamatory publication, adding that any fresh defamatory claim could still be remedied through damages.

“The higher the privilege, the higher the responsibility and scrutiny… Courts should refrain from the mere gagging of the media and silencing of journalists. Press freedom and journalistic expression is a necessary evil,” Justice Sifuna said

The motion was dismissed with no order as to costs.

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Justice Lawrence Mugambi on Monday flatly rejected an application by State Counsel Marwa, who had pleaded for 21 days, citing delays in coordinating among government departments.

“Your lordship, I am here to plead with the court to give me more time to be able to file my response to the petition. I would request the court to give me 21 days,” Marwa submitted.

But his plea was met with sharp opposition from Senior Counsel Martha Karua, who is representing Besigye and his aide, Hajj Obeid Lutale.

“They were served in July. For a whole two months, they have not even entered an appearance,” Karua fired back.

“If they had done so and were seeking time, one would understand. But they have done nothing.”

Karua urged the court to resist what she termed “institutional complacency,” warning that the case carried weighty implications beyond the two petitioners.

“This is not just about Dr. Besigye. It is about the sanctity of Kenyan borders, the rule of law, and regional security,” she stressed.

The petition traces back to November 16, 2024, when Besigye and Lutale had travelled to Kenya for Karua’s book launch.

Court papers allege that the duo was later “violently abducted” in Nairobi by armed men claiming to be police officers.

“They bundled us into vehicles, stopped to fuel their car, and drove straight to Malaba,” Besigye recalls in his affidavit.

“At the border, we were handed to Ugandan authorities in the dead of night.”

Once across the border, the pair was allegedly detained incommunicado at Makindye Military Barracks, denied access to lawyers, family, or medical help, before facing charges before Uganda’s General Court Martial, charges they insist were fabricated.

Adding fuel to the controversy, Uganda’s government has publicly claimed that the deportation was done in coordination with Kenyan authorities, a revelation now under judicial scrutiny.

In his ruling, Justice Mugambi said the State had already been accorded ample time.

“The respondents cannot sit on their hands for months and then expect unlimited indulgence from the court,” the judge ruled, ordering the AG to file all responses within 14 days.

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