Hard truths. Bold Insights. Real talk.
The appeal follows a judgment delivered on March 4, 2026, by Justice Bahati Mwamuye, which barred the Office of the Director of Public Prosecutions (ODPP), the Directorate of Criminal Investigations (DCI), and the Ethics and Anti-Corruption Commission (EACC) from investigating, recommending prosecution, or initiating any criminal proceedings against the county boss.
The ruling comes after a lower court had previously allowed the auction of the properties as part of the enforcement of a multi-billion shilling debt, a decision that Tuju and Dari Limited now seek to challenge.
According to the Office of the Director of Public Prosecutions, Mackenzie and five co-accused face 23 counts of murder as crimes against humanity, contrary to Section 6(1)(b) of the Act and Articles 7(1)(a) and 25(3)(a) and (b) of the Rome Statute of the International Criminal Court.
According to the judge, the petition brings up contested legal issues, including whether it is barred by res judicata and whether the court has authority to handle some of the claims presented.
In its detailed judgment, the court held that the steps taken towards the proposed privatisation were in substantial compliance with the Constitution and relevant laws.
Waititu had earlier managed to obtain release on a Sh53 million bank guarantee after making several attempts to be freed while awaiting the outcome of his appeal.
The matter, which was first filed in 2022, has remained unresolved for almost four years, causing frustration for the Kenya Railways Staff Retirement Benefits Scheme trustees.
The High Court has denied bail to police officer Klinzy Baraza over the fatal shooting of mask vendor Boniface Kariuki in Nairobi’s CBD, citing witness safety, public order, and case integrity.
The decision restores the agency’s authority to arrest, detain, and prosecute him under the law.
Justice Martin Muya instructed that Sgt Godwin Mjomba and Constable Patrick Mutunga be examined at a government health facility and return to court on February 17, 2026, to formally respond to the charges.
The list of shortlisted candidates includes former Nyeri Woman Representative Priscilla Nyokabi, Supreme Court Registrar Letizia Wachira, as well as experienced advocates, magistrates and legal scholars.
The case was filed by Nairobi resident Rogers Monda, who says authorities have failed to stop a steady rise in fatal accidents and violent incidents involving boda boda riders.