Hard truths.
Lagat insisted that the petitioners’ claim that his position makes him responsible for Ojwang’s arrest, torture, and death is not supported by direct, circumstantial, or inferential evidence.
Lagat argued that directing the DPP to press charges against him would amount to stripping the office of its constitutional authority
Justice Bahati Mwamuye issued the order after lawyer Kibe Mungai, for the petitioner, told the court that the DPP had yet to submit his reply, a delay that has stalled progress in the matter.
Kidero faces charges of unlawfully entering the Parliamentary precincts, violating Section 31(1)(a) and Section 31(2) of the Parliamentary Powers and Privileges Act 2017.
According to the court submissions, the DPP intends to call more than 80 witnesses, most of whom are Kisumu residents.
The case was filed by Adan Mohammed, Dubane Samow, Abdulle Sahara Maow, Salan Hashim, and Mohammed Sheikh Mohammed, who accused the Ministry of Defence of violating their Constitutional rights.
The prosecution says the trio jointly took part in the killing, which has sparked national attention due to the victim's age and the nature of her marriage.
Baraza was captured on camera during the incident, alongside his colleague Duncan Kiprono. However, Kiprono has now been released and will not face any charges.
The suspects had argued that the State was violating their rights by using the same evidence, witnesses, and investigation files in both cases.
According to a charge sheet filed at the Kahawa Law Courts on Monday, Peter Kinyanjui Wanjiru, also known as Kawanjiru, and Serah Wanjiku Thiga face charges under Section 4(1) of the Prevention of Terrorism Act...
The prosecution told the Milimani Law Courts that Taalam hired a technician to tamper with the surveillance system in what it believes was an attempt to obstruct justice.
The order came shortly after an autopsy conducted on Tuesday revealed that Ojwang had multiple head injuries that were not consistent with claims that he had banged himself against a wall.