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Kindiki Orders Removal of All Police Roadblocks

Interior Cabinet Secretary Kithure Kindiki appearing before a Parliamentary Committee on Tuesday June 20, 2023
Interior Cabinet Secretary Kithure Kindiki appearing before a Parliamentary Committee on Tuesday, June 20, 2023
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Parliament of Kenya

Interior Cabinet Secretary Kithure Kindiki has ordered police officers to remove all roadblocks, latest by November 1.

Kindiki on Thursday, August 24, observed that the order is in line with an earlier directive issued by President William Ruto who observed that the the barricades had become conduits of corruption.

The Cabinet Secretary noted that the President had expressed concerns that many motorists were losing millions as a result of the bribes they are forced to pay at roadblocks.

"The static roadblocks are less effective because people have found ways of circumventing them and evading police officers," Kindiki stated. 

A Traffic police officer attached to Kisumu Central Police Station stops an oncoming vehicle during a crackdown along Nairobi Road on January 28, 2020.
A Traffic police officer attached to Kisumu Central Police Station stops an oncoming vehicle during a crackdown along Nairobi Road on January 28, 2020.
Photo

According to the Cabinet Secretary, his ministry was moving to mobile patrols and deployment of surveillance technologies in order to deal with security challenges in the country. 

However, the roadblocks which are vital in the fight against terrorism will remain in place for the foreseable future. 

He also ordered the officers who are operating on the major highways to remain strict but to be very courteous to motorists. 

Kindiki acknowledged concerns which had been raised by motorists; including consistent harassment by police officers and exploitation of roadblocks by law enforcement officers for personal gain. 

"There specific roadblocks where we have been told that police officers are treating motorists with a lot of respect. This is a report that we have received from elected leaders," Kindiki stated. 

The Cabinet Secretary noted that there are a number of reasons why police officers might demand bribes at roadblocks. Some officers may do it simply because they are corrupt. 

Others may do it because they need the extra money. Still others may do it because they feel that they are entitled to a bribe as a way of compensating them for the risks they take in their work.

Kindiki, however, warned that whatever the reason, the practice of police officers demanding bribes is illegal and harmful. 

It undermines the rule of law and erodes public trust in the police and also contributes to corruption and impunity.

"We have strengthened the oversight of the police, so that there are more checks and balances in place to prevent corruption," Kindiki assured. 

Interior CS Kithure Kindiki meeting security officers at Wajir County on Wednesday, July 4, 2023.
Interior CS Kithure Kindiki meeting security officers at Wajir County on Wednesday, July 4, 2023.
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Ministry of Interior & National Administration

Oparanya & Wife Arrested - ODM

Former Kakamega Governor Wycliffe Oparanya analysing damage to his vehicle during the Wednesday, July 132 demonstrations.
Former Kakamega Governor Wycliffe Oparanya analysing damage to his vehicle during the Wednesday, July 2023, demonstrations.
Photo
Shaban Mahokha

Former Kakamega Governor Wycliffe Oparanya and his wife Priscillah Oparanya have been arrested by officers from the Directorate of Criminal Investigations (DIC) following raids of their Nairobi and Kakamega homes, Orange Democratic Movement (ODM) said in a statement on Wednesday. 

The former governor was then grilled by officers form the Ethics and Anti-Corruption Commission (EACC) at the Integrity Centre in Nairobi. 

ODM, however, did not divulge further details about the case, including the reason for the arrest and whether his lawyers were already en route to seek his release. 

"Our DPL Governor Wycliffe Oparanya has been arrested by officers from the DCI. Oparanya together with his wife Madam Priscillah are currently at the EACC offices at Integrity Centre," ODM said in a statement.

Left, Priscillah Oparanya, right, former Kakamega governor Wycliffe Oparanya
Left, Priscillah Oparanya, right, former Kakamega governor, Wycliffe Oparanya
Kenyans.co.ke

"No information has been given as to why they have been arrested & why they are being questioned," ODM, a party under the Azimio coalition, added. 

However, reports allege that Oparanya's second wife was also arrested and that the trio are being instigated for corruption and economic crimes committed during Oparanya's tenure as Kakamega governor.

Oparanya, who is also ODM's deputy party leader, served as Kakamega governor for two terms from 2013-2022. 

He has supported opposition chief Raila Odinga consistently, backing him even after the August 2022 election loss, which saw some leaders shift allegiance. 

This is the second time the former governor has been arrested this year. Oparanya, in July, was arrested after being accused of organising anti-government protests in Western Kenya.

On Wednesday, he was among the leaders missing as opposition politicians commemorated the 20th anniversary of the death of former Vice President Michael Wamalwa Kijana in Kitale, Trans Nzoia County. 

The area governor, George Natembeya, alongside Eugene Wamalwa, Kijana Wamalwa's brother and DAP-K party leader, renamed the Trans Nzoia County Teaching and Referral Hospital to the Wamalwa Kijana Teaching and Referral Hospital in honour of the deceased. 

"At the late Vice President Michael Wamalwa's residence in Milimani Kitale, paying our respects before the Holy Mass. Joining the family in celebrating the life of this great leader, who steadfastly championed democracy, ensuring a level playing field in politics," Natembeya stated. 

George Wajackoyah, Roots Party leader and 2022 Presidential candidate and his Usawa kwa Wote Party counterpart Mwangi wa Iria were also present at the event. 

The timing of Oparanya's recent arrest also comes ahead of President William Ruto's Western Kenya tour from August 27-30.

Western Kenya leaders met Ruto at State House, Nairobi, on Saturday, August 19, where they discussed various issues touching on development projects, reviving collapsed industries and strengthening the UDA party in the region.

The leaders from Kakamega, Vihiga, Bungoma, Trans Nzoia and Busia counties were led by Cleophas Malala, UDA secretary general and former Kakamega Senator. 

Wamalwa Kijana Teaching and Referral Hospital.
DAP-K party leader Eugene Wamalwa (left) and Trans Nzoia Governor George Natembeya (right) unveil the plaque at the Wamalwa Kijana Teaching and Referral Hospital, renamed from the Trans Nzoia County Teaching and Referral Hospital on Wednesday, August 23, 2023
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George Natembeya

6 Die in Well While Heading to Wedding

Kiambu Well
A photo collage of Rescuers retrieving bodies of people who died in a Kiambu well on Saturday, August 19, 2023.
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National Police Service

At least six people have died after a domestic well within a family compound caved in Kihunguro area, Kiambu County. 

The six were among seventeen people who fell into the well, prompting the wedding ceremony to be halted temporarily. 

The 17 who were heading for wedding ceremony within Kihunguro area made a stop over at a friend's residential plot, about 50 metres west of  Kihunguro police post. According to police account, the 17 started singing and dancing  before the structure collapsed.

Speaking to Kenyans.co.ke, Police Spokesperson Dr. Resila Atieno on August 19, confirmed that a few children were among those impacted by the unfortunate incident.

In a swift and coordinated effort, first responders from Kiambu County, in collaboration with the local police, successfully delivered essential emergency services and rescued some family members.

Kiambu Well Disaster
Rescuers retrieving bodies of people who died in a Kiambu well on Saturday, August 19, 2023.
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National Police Service

"Concrete that covered the water well later collapsed due to the weight of the said persons, and as a result, over 17 persons drowned," the spokesperson said in a statement.

The police stated that among those who died in the accident included two children who were going to take part in officiating the wedding.

"Responders were mobilised and 17 retrieved including 2 children who were taken to a hospital in Ruiru for medical attention. 

"Fire brigade from Ruiru and police at the site rescue in progress," a statement by the National Police Service read in parts.

At the location, police officers and health officers from Kiambu County administered Cardiopulmonary Resuscitation (CPR) to rescue those who were still alive. 

Dr Resila revealed that police officers assisted the injured and transported them to a hospital in Kiambu where they were admitted for urgent medical attention. 

The police also warned members of the public against placing too much weight on concrete wells in the future as that may cause the structures to collapse.

A collage photo of National Police Service Spokesperson in her first day in office on November 7, 2022.
A collage photo of the National Police Service Spokesperson Dr Resila Onyango on her first day in office on November 7, 2022.
NPS

Armed Al-Shabaab Militia Arrested Near Supermarket

a
A photo collage of DCI Anti-terror Officer (Left) and the suspected Al-Shabaab militant (Right) arrested in Dagoretti on Friday, August 18, 2023.
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DCI Kenya

Detectives from the Directorate of Criminal Investigations (DCI) have arrested a 41-year-old suspected Al-Shabaab militia who had previously eluded police dragnet for several months.

In coordination with other intelligence agencies, the undercover sleuths apprehended the suspect near a supermarket in the Riruta area of Dagorreti, Nairobi, on Friday, August 18.  

An immediate search of his pockets and bag led to the recovery of five sachets of a white narcotic substance believed to be cocaine prompting the sleuths to interrogate him further. 

The suspect was compelled to lead the detectives to his house located behind the supermarket, where they recovered a Glock pistol loaded with six rounds of 9mm calibre, Ksh31,000 in cash and 25Kgs of 4-inch nails suspected to be used in the assembly of improvised explosives devices. 

DCI detectives on bikes during a training session on Friday April 21, 2023
DCI detectives on bikes during a training session on Friday, April 21, 2023
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DCI

Detectives forced their way into the house after the suspect declined to open it, conscious of the alleged incriminating evidence. 

"Upon further scrutiny of the suspect’s mobile phone, the officers discovered radicalization literature with extremist teachings, linked to the Al-Shabaab terror network," the statement read in parts.

DCI added that a preliminary investigation indicated that the suspect was a hardcore convict who had served a 15-year jail sentence at Shimo La Tewa Prison in Mombasa. 

"The suspect is detained at the DCI-Anti Terror Police Unit headquarters, currently being grilled by anti-terror detectives before being arraigned in court on Monday," DCI stated. 

In recent months, there has been a resurgence in Al-Shabaab attacks in the country, prompting security officers to heighten surveillance. 

In July 2023, the group claimed responsibility for a series of attacks in the northeastern counties of Garissa and Lamu, which killed over 10 security officers.

Interior Cabinet Secretary Kithure Kindiki expressed concern over the latest operations of Al-Shabaab in the country and promised to deal firmly with the insurgents. 

Kindiki urged Kenyans of goodwill to help security personnel in availing crucial information that will lead to the arrest and prosecution of the suspects. 

A file photo of KDF soldiers during a patrol in Kotile town on the Garissa-Lamu-Somalia border, as part of the Linda Boni operation aimed at flushing out Al-Shabaab terrorists.
KDF soldiers during a patrol in Kotile town on the Garissa-Lamu-Somalia border, as part of the Linda Boni operation aimed at flushing out Al-Shabaab terrorists on August 20, 2020.
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KDF Kenya

Govt Deregisters Pastor Ezekiel's Church

Pastor Ezekiel, New Life Church members hold service at New Life International Church on Sunday, May 07, 2023.
Pastor Ezekiel, New Life Church members hold service at New Life International Church on Sunday, May 07, 2023.

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New Life International Church

Registrar of Societies has canceled the registration of Newlife Prayer Centre and Church linked to Pastor Ezekiel Odero who was recently at the center of a money laundering and cult investigation.

Pastor Ezekiel's Kilifi-based centre is among five other churches whose registrations have been revoked, in a move to crackdown on religious institutions. 

Other churches deregistered include Helicopter of Christ Church, Theophilus Church, Kings Outreach Church and Goodnews International Ministries. 

Helicopter of Christ Church is run by Thomas Wahome. He was recently accused of grabbing Nairobi Dam land. Kings Outreach Church broke away from the umbrella churches associated with Prophet David Owuor. 

Mavueni Complex
Pastor Ezekiel Odero's (insert) Mavueni Complex which was on Saturday, April 28, 2023 searched by investigators from the Directorate of Criminal Investigations.
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New Life International

Goodnews International Ministries is owned by controversial Shakahola cult leader Pastor Paul Mackenzie, in whose church premises over 450 bodies have been exhumed. 

"In exercise of the powers conferred by section 12 (1) of the Societies Act, the Registrar of Societies cancels the registration of the societies specified in the first column of the Schedule, with effect from the respective dates specified in the third column of the Schedule," Registrar of Societies Maria Nyariki.

Kenyans have complained over the proliferation of rogue churches that ride on the separation of the poor to mint billions. 

Theophilus Church has facilities in Githurai and Njatha-Ini run by Bishop John Githiri and Rev Rachael wa Kuria.

Pastor Ezekiel was arrested on April 27, and arraigned in court on accounts of conspiracy to commit crime and money laundering but he was not formally charged. 

He was released on bail on May 12. Pastor Ezekiel denied all the charges against him and has maintained that he is innocent.  

Ezekiel sued the government in July to seek compensation for the bodily, financial, reputational and emotional investigation.

In the petition filed before Justice Olga Sewe on Thursday, July 20, Pastor Ezekiel listed the Attorney General, Inspector General of Police, Office of the Director of Public Prosecutions, Communications Authority of Kenya CEO Ezra Chiloba, Ministry of Interior and Directorate of Criminal Investigations as respondents. 

Pastor Ezekiel Odero preaching at the Kasarani stadium on Sunday, November 25, 2022.
Pastor Ezekiel Odero preaching at the Kasarani stadium on Sunday, November 25, 2022.
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New Life Church

Ruto Nominates New DPP

President William Ruto speaking to Kenyans living in Mozambique on August 11, 2023.
President William Ruto speaking to Kenyans living in Mozambique on August 11, 2023.
PCS

President William Ruto on Thursday August 17, nominated Renson Mulele Ingonga as next Director of Public Prosecutions (DPP).

In a memo forwarded to the National Assembly on Thursday, August 17, the Head of State noted that Ingonga is a qualified legal practitioner who will serve with honour.

Ruto, therefore, asked Members of the National Assembly to vet the nominee according to the provisions of the law. 

Ingonga was among other 30 candidates who were shortlisted for interviews which took place in Nairobi for more than one week.

Renson Mulele Ingonga
Renson Mulele Ingonga, the nominee for the position of Director of Public Prosecution (DPP).
Kenyans.co.ke

In the end, the selection panel submitted to President Ruto a list of three qualified candidates, from whom he picked Ingonga. 

Ingonga is an Assistant Director at the Office of the Director of Public Prosecutions (ODPP). He is currently the Head of North Eastern Area and the Anti-Corruption and Economic Crimes Unit at the ODPP.

He is a career prosecutor who has been serving at the prosecutions office for nearly a decade. 

He holds a Bachelor of Laws Degree from the University of Nairobi and a Master of Laws degree in International Criminal Law from the University of Cape Town. He is also a certified mediator and arbitrator.

Ingonga has extensive experience in criminal law, with a particular focus on corruption and economic crimes. 

He is a passionate advocate for justice and human rights. He is committed to ensuring that the law is applied fairly and impartially, regardless of the circumstances. 

The panel underscored qualifications and experience required for the position of DPP, which include a law degree from a recognised university.

Ingonga also met the requirement of being admitted as an advocate of the High Court of Kenya and having served for at least 10 years as a professionally qualified magistrate.

As DPP, Ingonga will be the head of the Office of the Director of Public Prosecutions (ODPP), which is the national prosecuting authority in Kenya. 

He will responsible for the prosecution of all criminal cases in the country, except for military cases, which are handled by the Director of Military Prosecutions.

Ingonga
Renson Mulele Ingonga was on Thursday August 17, nominated by President William Ruto as next Director of Public Prosecutions (DPP).
Kenyans.co.ke

Even though he will be appointed by the President upon approval by the National Assembly, Ingonga will make prosecutorial decisions independently, free from political influence or interference.

In his functions, Ingonga will take over and continue any criminal proceedings instituted or undertaken by another person or authority. 

He will also discontinue at any stage before judgment is delivered any criminal proceedings and direct investigation and guide the conduct of criminal investigations. 

At the same time, Ingonga will handle matters relating to international relations including extradition and Mutual Legal Assistance(MLA). 

The Director of Public Prosecutions will equally advise government Ministries, Departments, Agencies (MDAs) and county governments on matters pertaining to the development and application of criminal law. 

Ingonga replaces Noordin Haji wo was on June 14, appointed as the Director of the National Intelligence Service (NIS). 

DPP Noordin Haji Speaks to Editors during a conference at Serena Hotel in Mombasa.
Former DPP Noordin Haji Speaks to editors during a conference at Serena Hotel in Mombasa.
ODPP

Senator Mandago Arrested

A photo of Uasin Gishu senator Jackson Mandago
A photo of Uasin Gishu senator Jackson Mandago
PCS
Jackson Mandago

Uasin Gishu Senator and former Governor Jackson Mandago has been arrested in Eldoret over links to the mismanagement of the Ksh1 billion Finland and Canada scholarship scandal

The former governor was picked from his Eldoret home following claims that he conspired to defraud parents in the programme that ended in tears for many parents and students.

According to reports, the Senator was quickly whisked to the Nakuru Directorate of Criminal Investigations (DCI) office to record a statement.

This is the second time the parliamentarian is recording a statement with DCI after his grilling at the Directorate Kiambu headquarters on Thursday, August 10.

Uasin Gishu Senator Jackson Mandago at EACC Integrity Centre on August 1, 2023.
Uasin Gishu Senator Jackson Mandago at EACC Integrity Centre on August 1, 2023.
Photo
EACC

The arrest came moments after President William Ruto stated that he would not defend anyone concerned with the scholarship scam.

Police officers in a statement had announced that they had been trying to arrest the Senator since yesterday.

This was despite the lawmaker making a public statement that he had not gone into hiding and was ready to aid police officers in any investigations.

While Mandago continues to maintain his innocence in the saga, Ruto assured residents of Uasin Gishu that they would be returned the money they lost to the last coin.

"It's embarrassing for anyone to steal money meant for the education of young people in Uasin Gishu," the President stated while promising not to interfere with police investigations.

Hours before his arrest, Mandago stated that he had met with the leadership of parents demanding refunds and agreed on the way forward.

Mercy Tarus, one of the students who lost millions in the scholarship saga on Wednesday, August 16, announced that no one had been compensated yet despite Mandago's declaration.

During a live interaction with Kenyans, she exuded optimism that those who fleeced vulnerable students and their parents would be brought to book.

Mandago is being accused alongside Joseph Kipkemoi Maritim, Meshak Rono and Joshua Kipkemoi Lelei for conspiring to steal Ksh1 billion from Uasin Gishu Education Trust Fund that was supposed to be used to airlift students to study oversees.

Ruto and Mandago
DP Ruto with Governor Mandago during the service on February 19, 2018.
PCS

Court Issues Arrest Warrant For Mandago

Former Uasin Gishu County Governor and current Senator Jackson Mandago at Parliament buildings on September 7, 2022
Former Uasin Gishu County Governor and current Senator Jackson Mandago at Parliament buildings on September 7, 2022.
Kenyans.co.ke

The Director of Public Prosecution (DPP) on Wednesday ordered the arrest of former Uasin Gishu governor Jackson Manadgo and three other former officials linked to the Finland and Canada scholarship scandal.

Sources confirmed to Kenyans.co.ke that a Nakuru court has issued an arrest warrant after the scandal that saw parents lose millions in savings in a scholarship scheme caused a public uproar, with Kenyans calling for action against former county officials. 

The officials have been in the spotlight after parents of students who were sent to foreign countries accused county officials of embezzling millions of money they fundraised for the programme.

Other top officials accused of swindling parents include Joseph Kipkemoi Maritim, Meshak Rono and Joshua Kipkemoi Lelei who served in the county unit.

Uasin Gishu Parents
Uasin Gishu parents protest embezzlement of scholarship funds on August 15, 2023.
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Eldoret News

"There is a warrant of arrest in court. Either he presents himself at the DCI or we arrest him. There is nothing else we can say on the matter," DCI boss Amin Mohamed told Kenyans.co.ke.

It is, however, not clear if the former Governor and the current sitting Senator of Uasin Gishu will honour the order for him to surrender to the police. 

Mandago's phone went off minutes after the news broke, and DCI confirmed that they were looking for him. Efforts to reach him for comment bore no fruit.  

The scholarship scandal came to light in September 2021, when parents of students who had been selected began to complain that they had not received any information while some students got stuck in Finland after failing to pay fees and accommodation. 

When they contacted the county government, the students and their parents were told that the scholarship fund had run out and that there was no money to further support the project. 

An investigation by the Ethics and Anti-Corruption Commission (EACC) found that a total of Ksh957 million had been collected from parents for the scholarship programme. 

It was also established that only Ksh257 million had been used to pay for the student's tuition and other expenses. The remaining Ksh700 million was allegedly embezzled by county officials. 

The EACC and DCI have since recorded reports from several individuals in connection with the scandal, including Mandago, his deputy Daniel Chemno, and several county officials. 

The suspects have denied the charges.  

Many parents have narrated that they lost their life savings, and their children have been left stranded in Finland and Canada. 

A collage of Mercy Tarus during a meeting on Monday August 7 (left) and Uasin Gishu Governor Jacksson Mandago (right)
A collage of Mercy Tarus during a meeting on Monday, August 7 (left) and Uasin Gishu Governor Jackson Mandago (right)
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James Gitaka/ Uasin Gishu County Government

EPRA Releases Fuel Prices for August-September

Undated photo of a person fueling a car
Photo of a person fueling a car at a petrol station in August 2018.
Photo
EPRA

The Energy and Petroleum Regulatory Authority (EPRA) released the fuel prices for the period starting Tuesday, August 15 to September 14.

In a press release dated Monday, August 14, the authority announced that the prices of Super Petrol, Diesel, and Kerosene will remain unchanged.

"Super Petrol, Diesel, and Kerosene will retail at Ksh194.68, Ksh179.67, and Ksh169.48 effective midnight in Nairobi," read part of the release.

EPRA explained that the prices are inclusive of the 16 per cent Value Added Tax (VAT) in line with the provisions of the Finance Act 2023, the Tax Laws (Amendment) Act 2020, and the revised rates for excise duty adjusted for inflation as per Legal Notice No. 194 of 2020.

A petrol station attendant fueling a vehicle
A petrol station attendant fueling a vehicle in April 2020.
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EPRA

Further, the authority revealed that to cushion Kenyans from the high fuel prices, the government opted to stabilise pump prices for the said period.

The price for Super Petrol was calculated at Ksh202.01, Diesel at Ksh183.26, and Kerosene at Ksh175.22, there the oil marketers shall be compensated Ksh7.33, Ksh3.59, and Ksh5.74 per litre respectively.

Consequently, Oil Marketing Companies (OMCS) will be compensated for the difference through the Petroleum Development Fund (PDF).

EPRA Director General Daniel Kiptoo assured Kenyans of the continued commitment to ensuring both consumers and investors are protected from high fuel prices.

In Mombasa, motorists will part with Ksh191.62 for Super Petrol, Ksh176.63 for Diesel, and Ksh166.43 for a litre of Kerosene. Their counterparts in Nakuru will pay Ksh193.77 for Super Petrol, ksh179.14 for Diesel, and Ksh168.99.

Pump prices in Eldoret, motorists were capped at Ksh194.53, Ksh179.89, and Ksh169.75 for Petrol, diesel and Kerosene respectively.

However, in Nothern Kenya, motorists will be forced to dig deeper for fuel with prices crossing the Ksh200 mark. In Mandera, motorists will part with Ksh208.68 for Super Petrol, Ksh193.67 for Diesel, and Ksh183.49 for Kerosene.

Residents in Moyale will pay Ksh204.81, Ksh189.80, and Ksh179.60 for Super Petrol, Diesel, and Kerosene respectively. Those in Eldas will be charged Ksh206.54, Ksh191.52, and Ksh181.33 for  Super Petrol, Diesel, and Kerosene respectively.

Other areas paying above Ksh200 for Super Petrol were Wajir (Ksh204.64), Turbi (Ksh203.10), Loyangalani (Ksh203.31), Kalacha (Ksh203.24), Maikona (Ksh202.66), North Horr (Ksh204.15), Hadado (ksh201.84), Bute (Ksh203.36), Merti (Ksh200.42), Modogashe (Ksh202.20), Elwak (Ksh206.19), Tarbaj (Ksh204.46), and Dadaab (Ksh200.65).

Others were Habaswein (Ksh202.05), Sololo (Ksh203.80), Liboi (ksh202.13), Laisamis (Ksh200.10), Kakuma (Ksh200.73), Lokitaung (Ksh202.93), Lokichogio (Ksh202.00), Kibish (Ksh203.19), Nakalale (Ksh201.92) and Marsabit (Ksh203.12).

EPRA Director General Daniel Kiptoo during a meeting on Wednesday April 26, 2023
EPRA Director General Daniel Kiptoo during a meeting in Nairobi on Wednesday, April 26, 2023
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EPRA

Court Lifts Suspension of Finance Act

President William Ruto speaking in Isiolo County during the launch of development projects on July 20, 2023.
President William Ruto speaking in Isiolo County during the launch of development projects on July 20, 2023.
PCS

The Court of Appeal has lifted the orders barring implementation of Finance Act 2023 pending the hearing and determination of the matter. 

In a ruling delivered on Friday, July 28, Justice Mohammed Warsame said the appeal filed by Treasury Cabinet Secretary Njuguna Ndung'u has merit. 

"The upshot of our decision is that the application has merit and the same is allowed as prayed with the effect that the order made on July 10, 2023 suspending the Finance Act 2023, and the order prohibiting the implementation of the Finance Act 2023, be and is hereby lifted pending the hearing and determination of the appeal. Costs shall abide the outcome of the appeal," read part of the ruling. 

The State applied to have the High Court decision, which suspended the Finance Act, thrown out noting that it was unclear what would happen to operations in the three arms of government during the period when the Act remained suspended. 

Okiya Omtatah
Lawyer and Busia Senator Okiya Omtatah on June 18, 2023.
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Okiya Omtatah

The respondents including Treasury Cabinet Secretary Njuguna Ndung'u and the Attorney General's office argued that the orders would precipitate a crisis in the government in relation to revenue mobilisation and expenditure approval.

While filing its appeal, the state argued that the country would incur irreversible damage if the conservatory orders were not suspended.

In exercising his discretion, the judge observed that the court could consider suspending specific provisions whose implementation were likely to have an irreversible effect but not the entire Act. 

"Lastly, had the trial Judge considered the substantial and irreversible public interest in this matter, the court would have been hesitant to suspend the whole Act," the judge ruled. 

"In conclusion, we are persuaded that the applicants have satisfied the twin principles for the grant of the orders sought, and that, public interest tilts in favour of setting aside the conservatory orders by the trial Judge."

Justice Warsame nullified the ruling delivered by High Court Judge Mugure Thande which extended the Finance Act's suspension. While making the ruling, Justice Thande argued that Kenyans would be unfairly subjected to taxes. 

The case will now be determined by a three-judge bench consisting of David Majanja, Lawrence Mogambi and Christine Meoli.

Chief Justice Martha Koome speaking on Wednesday May 10, 2023
Chief Justice Martha Koome speaking on Wednesday May 10, 2023.
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Judiciary of Kenya