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Pastor Ezekiel Odero Released on Ksh1.5 Million Bail

Pastor Ezekiel and DCI Officers
A photo collage of Pastor Ezekiel Odero (Left) and Directorate of Criminal Investigations (DCI) officers (Right).
Photo
DCI Kenya

Controversial pastor Ezekiel Odero was released on Ksh 1.5 million bail.

On Thursday, May 4, the court ruled that he could also pay an alternative Ksh 3 million bond.

Pastor Ezekiel was also barred from making comments in public about the Shakahola massacre while investigations are ongoing. The court further ordered him to report to the Directorate of Criminal Investigations (DCI) once a week. 

"Parties will be at liberty to apply for the closure of this file once the investigations are complete," the judge at Shanzu Law Courts ruled. 

Criminal lawyers, Danstan Omari (left) and Cliff Ombeta address the media, on Saturday, April 29, after they were hired to represent Pastor Ezekiel Odera in court
Criminal lawyers, Danstan Omari (left) and Cliff Ombeta address the media, on Saturday, April 29, after they were hired to represent Pastor Ezekiel Odera in court
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Cliff Ombeta

His lawyers, Cliff Ombeta and Danstan Omari had pleaded with the court to reject the application by the police seeking to detain him for 30 more days. 

Police, on May 2, were directed to hold him for two days, pending a hearing on May 4. 

On Wednesday, May 3, the Court ordered the Inspector General of Police, IG Koome, to reopen Pastor Ezekiel's New Life Prayer Centre church

The Church was closed, on Thursday, April 27, after police arrested the deacon, charging him with terrorism, and indoctrination of the faithful and was also linked to the Shakahola massacre.  

Prior to the court ruling, police conducted a seven-hour search at the controversial pastor's home and church in Mavueni, Kilifi County, with his lawyer, Omari, claiming that they couldn't find any evidence. 

"They spent more than seven hours looking for graves that might have been dug within the compound, but there was none," Omari stated. The Directorate of Criminal Investigations did not release a statement to corroborate Omari's claims, raising questions on contempt of court.

Earlier on, Omari had admitted to Ezekiel's church recording 15 deaths, which he argued were reported at police stations, with occurrence books (OB) numbers available as evidence. 

Deacons and Ezekiel's followers, led by Maximum Miracle Centre's Bishop Pius Muiru, camped outside Shanzu Court, demanding his release. 

Deputy President Rigathi Gachagua and his wife, Second Lady Pastor Dorcas Rigathi, also spoke on the Shakahola massacre, urging the police to crack down on controversial pastor, Paul Mackenzie, alone than other deacons. 

Interior CS Kithure Kindiki (centre) addresses the media with government pathologist Johansen Oduor (right) looking on in Malindi District Hospital in Kilifi County on May 1, 2023.
Interior CS Kithure Kindiki (centre) addresses the media with government pathologist Johansen Oduor (right) looking on in Malindi District Hospital in Kilifi County on May 1, 2023.
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Ministry of Interior and National Administration

Pastor Ezekiel was accused of being an accomplice of Mackenzie, alleged to be the mastermind behind the Sahakhola massacre.

Police also unveiled a Ksh3 million financial transaction between the two, with Ezekiel stated to have purchased a television station from Mackenzie. The TV was sold at Ksh500,000.

“If Paul Mackenzie is a criminal, he should be treated as an individual. Even his family should not be part of his crime. Paul Mackenzie is not the church. He has said he is not a pastor, but he is Mr Paul," Pastor Dorcas stated on Thursday, April 27, at an event celebrating widows in Kibra, Nairobi. 

"The case in Kilifi showed that, like any other segment of society, even the church has some wrong people. But we cannot condemn the entire church because of the activities of two or three pastors," his husband, DP Gachagua, added at a meeting with multi-sectoral leaders. 

Crackdown on Churches 

On Sunday, April 30, President William Ruto announced that measures were being implemented to crack the whip on rogue pastors in conjunction with spiritual leaders. 

"I will consult all religious leaders in the country to have a task force to weed out the characters who want to abuse religion or run businesses and do anti-religion things in Kenya," he warned during a church service at Makutano Stadium in Kapenguria, West Pokot County. 

Pastor Ezekiel of New Life Prayer Centre and Second Lady, Pastor Dorcas Rigathi, at a crusade at Kasarani Stadium, Nairobi, in November 2022.
Pastor Ezekiel of New Life Prayer Centre and Second Lady, Pastor Dorcas Rigathi, at a crusade at Kasarani Stadium, Nairobi, in November 2022.
DPPS

Azimio Suspends Countrywide Protests

Raila Odinga at Protest
Raila addressing part of the demonstrators on Monday, March 20, 2023.
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Raila Odinga

Azimio la Umoja Coalition, headed by former Prime Minister Raila Odinga, on Wednesday, May 3, suspended its countrywide protests scheduled for Thursday, May 4.

In a statement, the coalition noted that the decision was arrived at after a meeting encompassing its leadership following an earlier decision by Kenya Kwanza Bipartisan Committee to drop Eldas MP Adan Keynan from its line-up.

"This evening, the leadership of the Azimio la Umoja One Kenya Coalition Party met and agreed to once more suspend the mass protests that we had earlier scheduled to continue tomorrow.

"The coalition took this step following the decision by Kenya Kwanza to accede to one of our demands that informed the resumption of mass action," read the statement in part.

Azimio Leader Raila Odinga addressing supporters in Murang'a County on April 20, 2023.
Azimio Leader Raila Odinga addressing supporters in Murang'a County on April 20, 2023.
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Raila Odinga

Instead, the coalition invited its Bipartisan team for a meeting to strategise its approach before the next round of negotiations kick off.

"Instead of holding the protests, we have summoned our seven-member delegation to the bipartisan committee for fresh instructions to inform further engagement with the Kenya Kwanza side," added the Committee.

The coalition, however, reiterated that t might be compelled to return to the streets should its counterparts show the 'slightest indication of lack of goodwill and honesty.'

Earlier, the coalition, which held a series of protests across major towns of Nairobi and Kisumu on Monday, had expressed its willingness to return to the table if Keynan recused himself from the opponent's team.

The opposition faulted the ruling coalition for selecting the Eldas MP claiming that he was legally associated with the opposition due to his ties with Jubilee Party whose ticket he used to run for election.

Heeding to Azimio's demands, Kenya Kwanza, which had earlier defended its choice for Keynan, announced in a Wednesday evening press statement that it had engaged the lawmaker who agreed to take a step back from the negotiations.

Saku MP Diddo Raso was appointed to take his place.

"We have consulted with Hon Keynan and the Coalition's top leadership and the Hon Adan Wehliye Keynan has graciously agreed, in the country's greater interest, to recuse himself from the bi-partisan committee.

"We have nominated the Saku MP Dido Rasso to replace the Hon. Adan Keynan in the Bipartisan Committee," a statement signed by the Leader of the Majority in the National Assembly Kimani Ichung'wah read in part.

Part of Azimio's demands in the bipartisan talk is for the ruling party to lower the cost of living and provide access to the Independent Electoral and Boundaries Commission (IEBC) servers for the verification of the August 2022 Presidential Election.

Tharaka MP George Murugara (left), Kakamega Senator Boni Khalwale (centre) and Nominated Senator Esther Okenyuri (right) during a meeting on Tuesday, May 2, 2023.
Tharaka MP George Murugara (left), Kakamega Senator Boni Khalwale (centre) and Nominated Senator Esther Okenyuri (right) during a meeting on Tuesday, May 2, 2023.
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Esther Okenyuri

Sabina Chege Appointed to Replace Uhuru as Jubilee Party Leader

Former President Uhuru Kenyatta.
Former President Uhuru Kenyatta at an event on March 3, 2023.
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Office of the 4th President of Kenya

Nominated Member of Parliament Sabina Chege on Tuesday, May 2, was appointed Jubilee Party's acting leader to replace former President Uhuru Kenyatta. 

Speaking outside Jubilee party offices, East African Legislative Assembly (EALA) MP Kanini Kega, allied to President William Ruto, affirmed the appointment in his capacity as Secretary-General. 

However, his position as secretary general is in a contest, as he has been fighting for the role with Jeremiah Kioni, allied to Uhuru. Both Kioni and Kega refer to themselves as Jubilee secretary generals. 

The appointment was part of the resolutions made during a meeting with the party officials. He added that a National Delegates Conference (NDC) convened by Uhuru was unconstitutional.

Nominated Member of Parliament Sabina Chege speaking during a workshop on Tuesday April 25, 2023
Nominated Member of Parliament Sabina Chege speaking during a workshop on Tuesday April 25, 2023.
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Sabina Chege

"We have 28 members, and today we held a meeting comprising 22 members with 3 apologies; hence our side is the majority. Hence, we resolved that the upcoming meeting constituted by Uhuru goes against our party's Constitution. 

"According to the Constitution, a retired president should not be involved in politics six months after leaving office. From the time he left office, his time lapsed in March 2023.

Kega confirmed that he still served as the Secretary-General, according to the resolutions made in the meeting. 

"Uhuru ceased from being the Jubilee party leader; hence he cannot run any party affairs. The statement he delegated concerning the meeting convention is null and void based on the Constitution. According to the party constitution, as the Secretary-General, I ought to be the one convening such a meeting.

"The NEC Committee resolved that Sabina will serve as the acting party leader until the time we convene a National Delegates Convention (NDC) where we will select the leader who will run the party moving forward," he pointed out. 

Kega questioned why Uhuru would invite Jubilee party officials, whom he claimed were suspended pending internal dispute resolutions. 

"The purported NEC meeting was not issued by the Secretary-General as required by the party constitution. It did not have a quorum as it had seven members as provided under Article 23 of the party constitution, three of whom are suspended pending the internal dispute resolution process. The three are Kioni, Murathe (party vice-chair) and Kagwe Gichohi (National Treasurer)," he stated. 

The legislator also dispelled reports of resignations from party officials presented to the Registrar of Political Parties - arguing that they were fake. 

Part of the resolutions involved suspending the notice Uhuru issued about an upcoming NDC meeting on May 22, 2023. 

Kega accused Uhuru of misconduct and referred his case to the national disciplinary committee for further action. 

He added that the party would issue a notice convening an NDC pursuant to resolutions of NEC dated February 10, 2023. 

The former president had convened a meeting to review, formulate and approve Jubilee party policies and also receive a status report from the National Executive Committee. 

Former President Uhuru Kenyatta and Jubilee Party Secreatry General Jeremiah Kioni at the Jubilee Party headquarters on April 26, 2023.
Former President Uhuru Kenyatta (centre) and Jubilee Party Secretary General Jeremiah Kioni (left) at the Jubilee Party Headquarters on April 26, 2023.
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Jubilee Party

Ruto Cracks Whip on Churches Over Shakahola Massacre

President William Ruto addressing Mavoko residents during the launch of a water project on Friday April 14, 2023
President William Ruto addressing Mavoko residents during the launch of a water project on Friday, April 14, 2023.
PCS

President William Ruto on Sunday, April 30, read the riot act on religious leaders who propagated false teachings following the Shakahola massacre which saw over 100 bodies exhumed. 

Speaking during a church service at Makutano Stadium in Kapenguria, West Pokot County, Ruto affirmed that a framework was being developed in conjunction with spiritual leaders to tame unscrupulous pastors.

"I will consult all religious leaders in the country to have a task force to weed out the characters who want to abuse religion or to run businesses anddo things that are anti-religion in Kenya.

"We want to provide a framework agreed upon with our religious leaders. A framework that will provide for self-regulation so that churches and spiritual leaders can have a mechanism where they can point to government those who want to abuse religion for other purposes," the Head of State announced.

Paul Mackenzie Nthenge appears at the Malindi chief magistrates court on Monday 6, May 2019.
Paul Mackenzie Nthenge appears at the Malindi chief magistrates court on Monday 6, May 2019.
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Paul Mackenzie Nthenge

In addition, he pointed out that he will form a Judicial Commission of Inquiry in a week's time to investigate the Shakahola massacre.

"We are Christians who believe in God. There are those who use religion to destroy other people and also other destructive means. 

"To ensure that what happened in Shakahola will never happen again, we are forming a Judicial Commission of Inquiry so that we can get to the bottom of what really happened in Shakahola with (pastor Paul) Mackenzie and all his collaborators," he stated. 

The president also affirmed that the new move would coincide with the transfer of all commissioners based in Kilifi County. 

"Recently, we transferred all commissioners who slacked on their jobs including the National Intelligence Service (NIS) and Criminal Investigation Department (CID). 

"So this week, I will appoint the commission so that what happened at Shakahola doesn't happen again," he assured.

Interior Cabinet Secretary Kithure Kindiki on Friday, April 28, reshuffled police bosses in Kilifi County to pave the way for investigations into the deadly cult.

"We will replace them with their colleagues from elsewhere so that we can show the public that what we are doing is for the good of the country and for the good of justice," Kindiki announced.

The death toll from the massacre stands at 110 as of Sunday, April 30, while 32 people were rescued from the forest. 

Pastor Paul Mackenzie at his church in Kilifi County.
Pastor Paul Mackenzie at his church in Kilifi County.
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Paul Mackenzie

Ruto Appoints Francis Ogolla as Chief of Defence Forces

President William Ruto and General Francis Ogolla shaking hands during an event on October 14, 2022.
President William Ruto and General Francis Ogolla shaking hands during an event on October 14, 2022.
PCS

President William Ruto on Friday, April 28, promoted Lieutenant General Francis Omondi Ogolla to General and serve as the Chief of the Defence Forces.

Ogolla takes over the position from Robert Kibochi who retires after 44 years.

"His Excellency Dr. William Ruto, President of the Republic of Kenya, and Commander-in-Chief of the Defence Forces, pursuant to Section 9 (2). (a) of the Kenya Defence Forces Act, has today promoted Lieutenant General Francis Omondi Ogolla to the rank of General and appointed him Chief of the Defence Forces (CDF).

"General Francis Omondi Ogolla replaces General Robert Kariuki Kibochi whose term of service has honorably come to an end after 44 years of an illustrious military career," read the statement in part.

General Francis Omondi Ogolla and the Chief of the Defence Forces
General Francis Omondi Ogolla and the Chief of the Defence Forces
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KDF

Ogolla will be deputised by Lieutenant General Jonah Mwangi who assumed the role of Vice Chief of the Defence Forces (VCDF) previously held by Ogolla.

Ruto also promoted Major General Said Farah to take over Mwangi's job as the Vice Chancellor of the National Defence University, Kenya.

The changes were made by the President on the advice of the Defence Council chaired by Aden Duale, the Cabinet Secretary for Defence.

Other Promotions & Appointments

Major General David Kimaiyo Tarus was named the deputy Commander Kenya Army while Major General William Karisa Shume will serve as the General Officer of Border Security Command (GOC BSC).

Brigadier David Kipkemboi Keter was promoted to Major General and appointed Assistant Chief of the Defence Forces Personnel and Logistics (ACDF P&L) while Brigadier Stephen James Mutuku was promoted to Major General and appointed Senior Directing Staff (Army) National Defence College.

Brigadier John Maison Nkoimo, on the other hand, rose to the position of Major General and was appointed Commandant of the Joint Command Staff College (JCSC) while Brigadier Abdulkadier Mohammed Buhe was promoted to Major General and appointed Director of Military Intelligence (DMI).

Ruto promoted Brigadier Paul Owour Otieno to Major General and appointed him Managing Director Kenya Shipyards Limited and Colonel Anthony Rotich was promoted to Brigadier and appointed Commander of the Military Intelligence Corps.

Finally, Colonel Alfred Mwihuri Gitonga was promoted to Brigadier and appointed Director National Military Coordination Center.

Ogolla is a trained fighter pilot and an instructor pilot with the United States Airforce (USAF).

He holds a diploma in International Studies and Military Science from Egerton University, a Bachelor of Arts in Political Science, Armed Conflict and Peace Studies (First Class Honors), and a Master of Arts in International Studies from the University of Nairobi.

President William Ruto and KDF bosses at State House Nairobi in February 2023.
President William Ruto and KDF bosses at State House Nairobi in February 2023.
PCS

CJ Koome Goes After Judiciary Staff in Paul Mackenzie Massacre

Chief Justice Martha Koome during her assumption of office ceremony on May 24, 2021
Chief Justice Martha Koome during her assumption of office ceremony on May 24, 2021
File

Chief Justice Martha Koome, on Thursday, April 27, launched investigations on all Judiciary staff who handled controversial pastor, Paul Mackenzie's court cases. 

Koome, as the chairperson of the Judicial Service Commission (JSC), stated that the commission was examining the records to establish whether there was any misconduct on the part of Judicial Officers and staff who handled the matter.

"The Judicial Service Commission is charged with handling disciplinary issues and the leadership of the Judiciary. The Judiciary reaffirms its commitment to upholding the Constitution and the rule of law in the administration of justice," she stated. 

"The judiciary offers deep sympathy to the families, relatives, and friends of victims affected by the unraveling mass deaths, sufferings, and injuries at the Shakahola village in Kilifi County," read part of the statement.

Pastor Paul Mackenzie at his church in Kilifi County.
Pastor Paul Mackenzie at his church in Kilifi County.
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Paul Mackenzie

Judiciary listed the several cases involving the controversial pastor, detailing his release.

In one of the cases reported in 2017, Mackenzie was charged with offering basic education in an unregistered institution contrary to Section 76(1)(2) and Section 92(a) of the Basic Education Act. 

He was released after a plea bargain with the Office of the Directorate of Public Prosecutions (ODPP). 

Mackenzie was subsequently charged with radicalisation, failing to take his kids to compulsory primary and secondary education.

Notably, most often, the pastor was released on a cash bail of up to Ksh1 million.

In 2019, Mackenzie was flagged by the Kenya Film Classification Board (KFCB) for airing unauthorised content on his TV station.

His recent arrest unearthed at least 103 bodies buried on his vast 800 acres of land in Shakahola forest in Kilifi County.

He was accused of encouraging his followers to fast to meet 'Jesus'. He allegedly told the believers that their time on earth had ended and they should surrender their possessions to meet the Messiah. 

His case attracted global attention, with President William Ruto comparing his acts to a terrorist hiding behind religion.

The DPP, Noordin Haji, and Interior CS, Kithure Kindiki, preferred the following charges against Mackenzie; terrorism, radicalisation and aiding individuals to kill themselves. 

A photo collage of Interior CS Kithure Kindiki and controversial pastor Paul Mackenzie
A photo collage of Interior CS Kithure Kindiki (left) and controversial pastor Paul Mackenzie (Right).
Photo
Ministry of Interior and National Administration

Pastor Ezekiel Faces Criminal Charges Related to Mass Killing of Followers

A photo collage of Pastor Ezekiel Odero being escorted by police following his arrest on April 27, 2023.
A photo collage of Pastor Ezekiel Odero being escorted by police following his arrest on April 27, 2023.
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Kithure Kindiki
Interior Cabinet Secretary Kithure Kindiki, on Thursday, April 27, announced that Pastor Ezekiel Odero would be charged with criminal charges relating to the mass killing of his followers.
 
This followed his arrest in Kilifi County after his church, New Life Prayer Centre, was shut down.
 
Kindiki also revealed that 100 people found holed up in the church were assisting the police with investigations. 
 
"It is notified for information of the general public that today Thursday, 27th April 2023, Mr Ezekiel Ombok Odero, the Head of New Life Prayer Centre/Church at Mavueni within Malindi Sub-County of Kilifi County, has been arrested and is being processed to face criminal charges related to the mass killing of his followers.
Interior CS Kithure Kindiki appearing before the Senate on Wednesday, April 26, 2023.
Interior CS Kithure Kindiki appearing before the Senate on Wednesday, April 26, 2023.
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The Senate of Kenya
 
"The said Church has been shut down. The over 100 people who were holed up at the premises have been evacuated and will be required to record statements," he stated.
 
Kindiki's statement came hours after the pastor was taken to the Directorate of Criminal Investigations (DCI) regional headquarters in Mombasa County.
 
The pastor was initially grilled on Wednesday, April 26 in relation to alleged reports of deaths in his church.
 
In his statement, Kindiki did not detail the number of deaths reported in the church based in Kilifi County.
 
The CS did not also indicate when the pastor will be charged in court.
 
On his part, Odero's lawyer, Jared Magolo, indicated that there was no evidence to prove the allegations brought up against his client.
 
He also played down reports that his client had links with controversial pastor Paul Mackenzie who is accused of radicalising his followers to fast to death in order to meet Jesus. 
 
"They will release him once they are done with investigations since they have no areas to catch on,"  he stated.
A photo collage of Paul Mackenzie speaking during an interview on March 24, 2023 (left) and police officers digging graves at the Shakahola Forest on April 24, 2023 (right).
A photo collage of Paul Mackenzie speaking during an interview on March 24, 2023 (left) and police officers digging graves at the Shakahola Forest on April 24, 2023 (right).
Photo
National Police Service
 
 

Raila, Ruto Suspend Bipartisan Talks; Here's Why

A photo collage of President William Ruto addressing Muslim leaders at State House on April 17, 2023 (left) and former Prime Minister Raila Odinga at Azimio's town hall meeting in Muran'ga County on April 20, 2023 (right).
A photo collage of President William Ruto addressing Muslim leaders at State House on April 17, 2023 (left) and former Prime Minister Raila Odinga at Azimio's town hall meeting in Muran'ga County on April 20, 2023 (right).
PCS
Raila Odinga

Azimio La Umoja and Kenya Kwanza's bipartisan team, on Tuesday, April 25, suspended their dialogue over a stalemate.

In a statement issued by Rarieda Member of Parliament Otiende Amollo, Azimio indicated that it had failed to reach a consensus with Kenya Kwanza on removing MPs Adan Keynan (Eldas) and David Pkosing (Pokot South).

According to Amollo, who spoke at a hotel in Nairobi, the two teams had three options only, either or both Keynan (Kenya Kwanza) and Pkosing (Azimio) can choose to withdraw from the team.

The second option was for each party to withdraw their objection to Keynan and Pkosing and allow the two to continue being members of the bipartisan team.

Rarieda Member of Parliament Otiende Amollo during a commitee meeting on April 14, 2023
Rarieda Member of Parliament Otiende Amollo during a committee meeting on April 14, 2023.
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Otiende Amollo

The last option was Azimio party leader, Raila Odinga, and President William Ruto, choosing to withdraw any of the two MPs on their own accord. 

"Until then, we have hit a stalemate and chose to suspend these talks until such time as there may be consensus or position changes," Amollo stated. 

"Adan Keynan, who defected to Kenya Kwanza, is not a Jubilee member. He is in Azimio Coalition - as a vice chair deputising Wycliffe Oparanya (former Kakamega governor). We have not had an issue of principle on Pkosing. He is a member of the Kenya Union Party (KUP), which signed a preelection agreement with Azimio," the MP added. 

He further argued that KUP, led by former West Pokot governor, John Krop Lanyangapuo, in April 2023, stated that it was about to make a move towards withdrawal.

"To date, no agreement to withdraw from Azimio. Pkosing is the deputy leader and has not made any indication to move. He is also the deputy treasurer in Azimio.

"This shows that the Pkosing issue was made as an afterthought to appear as if we are on the same pedestal with the grievance we raised on Keynan's issue. It's a basis of intention, not reality," he added. 

Kenya Kwanza responding to Azimio, noted that they had agreed to accommodate demands made by the side, including the listing of a secretariat led by lawyer Paul Mwangi.

Further, the Kenya Kwanza side noted that they had agreed to engage their principals regarding the inclusion of Adan Keynan.

To address the standoff, Kenya Kwanza proposed a separate meeting between former President William Ruto and Raila Odinga, together with the bipartisan chairs, to iron out some of the issues raised. 

"On the part of Kenya Kwanza, we have agreed that we require further consultations with the principles of the coalitions so that we are able to move forward," Tharaka Member of Parliament George Gitonga stated.

"Therefore, as we adjourn today, it is open for Otiende Amollo and myselt (Gitonga) to meet President Ruto and also meet the former Prime Minister Raila Odinga as a co-principal so that we can give them a report," he added.

He added that for the talks to continue, both principles (Raila and Ruto) could decide to withdraw their objections on Keynan and Pkosing, allowing them to participate in the bipartisan talks.

According to Tharaka MP, that would be a win-win situation for both Azimio and Kenya Kwanza. 

Another option presented by Kenya Kwanza was to allow Raila and Ruto to withdraw Keynan and Pkosing, allowing the talks to proceed without them.

"The third option we have is that both members sit down and evaluate themselves and make voluntary resignations," Gitonga insisted.

"The coalition principles can either decide to nominate another person or leave the numbers as they are," he added.

Gitonga, however, vowed to give a progress report on Friday, April 28, after meeting Ruto and Raila.

President William Ruto presiding over the pass-out parade of Kenya Prisons Cadets at Prison Staff Training College in Ruiru, Kiambu on Monday, April 24, 2023.
President William Ruto presiding over the pass-out parade of Kenya Prisons Cadets at Prison Staff Training College in Ruiru, Kiambu on Monday, April 24, 2023.
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PCS

 

 

 

High Court Orders Matiang'i, DCI & DPP to Sign a Truce

Former Interior CS Fred Matiang'i during a past interview.
Former Interior CS Fred Matiang'i during a past interview.
Photo
Fred Matiang'i

The High Court, on Tuesday, April 25, directed the former Interior CS Fred Matiang'i, the Directorate of Criminal Investigations (DCI) and the Office of the Director of Public Prosecutions (ODPP) to file an agreement for the withdrawal of the charges over an alleged raid at his Karen home. 

Speaking to Kenyans.co.ke, Matiang'i's lawyer Danstan Omari confirmed that the former CS would immediately adhere to the court directive. 

"We will sign an adoption of the directives," Omari stated. 

DPP Noordin Haji had, on Wednesday, March 13, applied to withdraw the case citing insufficient evidence. 

Ex-Interior CS, Fred Matiang'i was released on Tuesday, March 7, after being grilled at DCI Headquarters along Kiambu Road
Ex-Interior CS, Fred Matiang'i waves to the crowd after being released on Tuesday, March 7, after being grilled at DCI Headquarters along Kiambu Road
Photo
Danstan Omari

He further tasked the DCI to provide tangible evidence against Matiang'i and his lawyer Omari. 

“Upon independent and thorough analysis of the evidence availed and a review of the statements of the witnesses, the DPP found that the evidence provided was insufficient to sustain the above charges against Matiang'i and Omari.

"The evidence provided did not meet the ingredients needed to prove each of the afore-mentioned offences as required by law,” Haji stated back then. 

DCI had sought to prosecute Matiang'i and Omari over conspiracy to commit a felony contrary to section 393 of the Penal Code and Publication of false information contrary to section 23 of the Computer and Misuse and Cybercrime Act No. 5 of 2018. 

This stemmed from an incident on Wednesday, February 8, where Omari accused security officers of raiding his client's home in a witchhunt.

The police vehemently denied the accusations, and on Tuesday, March 7, Matiang'i was grilled for hours by DCI to ascertain the truth behind the alleged raid. 

At the time, Omari revealed that the DCI officers refused to prepare a charge sheet but attempted to take a mug shot of the former Interior CS.

Although Matiang'i has been conspicuously missing in opposition rallies, Azimio Leader Raila Odinga led a protest at DCI Headquarters along Kiambu Road, demanding his release.

With the new court ruling and Omari agreeing to the High Court's request, the case will be officially closed without Matiang'i being arraigned.

A photo of city lawyer Danstan Omari during a press conference outside Milimani Law Courts on  February 23, 2023.
A photo of city lawyer Danstan Omari during a press conference outside Milimani Law Courts on February 23, 2023.
Photo
Danstan Omari

A Truce With Ruto?

Prior to the DPP applying to withdraw the case, Matiangi met Education CS, Ezekiel Machogu, at a hotel in Nairobi, with analysts speculating a truce between the former Interior CS and President William Ruto. 

Other Gusii leaders and Ruto's allies attended the meeting in a bid to unite the Gusii nation.

The meeting between Matiang'i and the Education CS also coincided with President William Ruto's visit to Kisii and Nyamira counties on Thursday, March 23.

Raila Lawyer Writes to ICC, Lists 9 Demands Against Ruto Govt

Former Prime Minister Raila Odinga speaking during Azimio la Umoja PG on April 6, 2023.
Former Prime Minister Raila Odinga speaking during Azimio la Umoja PG on April 6, 2023.
Photo/Raila Odinga

Azimio la Umoja Coalition on Friday, April 14, wrote to the International Criminal Court (ICC) based at the Hague, Netherlands, demanding an inquiry into the political situation in Kenya.

In a letter penned by lawyer Paul Mwangi, who is former Prime Minister Raila Odinga's lawyer, Azimio accused President William Ruto of disdain for the Constitution and Laws of Kenya as well as contempt for democracy and its institutions.

Mwangi listed nine issues for which he sought ICC's intervention to restore order in the country.

In the letter, Azimio accused Inspector General of Police Japheth Koome of forming a rogue police unit to target its supporters during demonstrations.

Former Prime Minister Raila Odinga and his lawyer Paul Mwangi heading to a meeting on April 7, 2022
Former Prime Minister Raila Odinga and his lawyer Paul Mwangi heading to a meeting on April 7, 2022.
Photo/Paul Mwangi

"The squads are reported to be dressed in plain clothes to operate outside the normal command structure and to take direction directly from select commanders appointed for that purpose by Japheth Koome," the letter read in part.

Azimio also informed the international court that IG Koome abrogated the Constitution by banning public demonstrations. They further accused the police boss of usurping the Judiciary's powers.

Moreover, Mwangi accused IG Koome of threatening to inflict physical injuries on Azimio supporters during anti-government protests.

According to the letter, nine people died following the demonstrations and over 10 others were injured.

The issue of the attempted assassination of Azimio la Umoja leader Raila Odinga was also featured in the letter. Mwangi noted that law enforcement officers fired 10 rounds of ammunition at his car around the Pipeline area of Embakasi South Constituency on Monday, April 3.

"A report of the attack was made the next day and a complaint lodged the same day but no action was taken," the letter stated.

Raid on Northlands Farm in Ruiru, Kiambu County, associated with former President Uhuru Kenyatta and destruction of property at East Africa Spectre Limited, belonging to the family of Raila, was also included in the letter.

Raila's lawyer also mentioned eight journalists who were allegedly attacked during the anti-government protests.

Azimio further dragged Deputy President Rigathi Gachagua into the suit, arguing that he had delegitimised Azimio members.

"This communication states that there exists a deliberate policy by the Kenya Kwanza coalition leadership both within and outside government to alienate members of Azimio La Umoja One Kenya Coalition party from Kenya’s economic and political life and to execute physical attacks on any members of the Azimio coalition who expresses any dissent there to which are intended to or in any case prevent the said members from enjoying human rights and fundamental freedoms recognised under International Law," the letter further read.

They asked the international court to intervene over the listed issues.

Raila Odinga at Ufungamano
Azimio la Umoja leadership, led by Raila Odinga (Centre) during a meeting at Ufungamano House in Nairobi on Thursday, April 13, 2023.
Kenyans.co.ke