NTV Kenya: Peter Njenga: The bold, bruised bishop

Robbing the cradle: SGBV cases rise in the coast 1 day ago

The Amadi Exit At 58 years and with two more years to go before attaining her retirement age, judiciary’s Chief Registrar Anne Atieno Amadi has tapped out of public service, after serving the required ten-year term. The mother of four was born in mid 60s in Marsabit, before her late parents relocated and settled in Kitale, Trans Nzoia county. Amadi who has served a total of 17 years in the judiciary, joined judicial service as a district magistrate in 1990, Kisumu as her first station, and rose to a resident magistrate before joining private legal practice between 1997 and 2003. NTVs Duncan Khaemba had a sit-down with the exiting CRJ for this piece dubbed 'The Amadi Exit'. December 6, 2023

The Road to Ruin The Aberdare ecosystem is the lifeline of many rivers in the country. A new threat lingers: the upgrading of an all-weather road connecting Nyeri to Nyandarua risks destroying the water tower. Brygettes Ngana takes us down the #RoadtoRuin. November 19, 2023

One school, one year, more than 50 pregnant girls | Poverty and Teen Parents Some can’t afford pads so they “suspend periods”, others have ‘sponsors’, some cite peer pressure. Where are the perpetrators? Why haven’t they been brought to book? What say the parents, teachers, government? #PovertyAndParentTeens November 15, 2023

Camouflaged Crimes: A breastfeeding mother's near-death incident in suspected army bomb blast A woman in Samburu sat down to breastfeed her child, and in that intimate bonding moment with her baby, tragedy struck. A bomb went off. The bomb, believed to be an unexploded ordnance from military activity, did not harm her baby, but almost cost a 7-year-old boy his hand. This is yet another incident in Samburu county where residents come into contact with the unexploded ordnances or bombs, leaving a trail of pain, and death in some cases. In July this year, Ngina Kirori brought you a three-part series, Camouflaged Crimes, highlighting the sufferings of people and communities in various counties on account of the activities of the British Army Training Unit in Kenya, BATUK. In this special report, she brings to the fore yet another incident along the same thread of tragedies. October 31, 2023

The CBC Divide It has now been a year since the Implementation of the Junior Secondary School under the competency based curriculum. Stakeholders have been raising concerns on whether learning is actually taking place in Grade 7. Our education reporter Rukia Bulle travelled across different counties to assess how implementation of the newest segment in the education system has faired so far. She also sought to assess the quality of the education offered to the learners and now brings you Classes Apart on NTV now presents. October 22, 2023

Delayed Justice It is believed the reason courts exist is to do justice, guarantee liberty, enhance social order, resolve disputes, maintain rule of law, provide for equal protection and to ensure due process of law. If these are the reasons why people go to court to seek redress, then how long should a court case run? if cases take eternity to resolve, some now over 40 years, several others over 35 years and still running with no verdict yet, is that still justice or a miscarriage of justice? or is blatant injustice? Kenya’s courts are riddled with a mountain of cases that remain unresolved, some spanning into decades, and still some where the parties hoped would be heard and determined in the reasonably shortest time possible. But, these hopes turned into nightmares for some, and dreamy music for others – depending on interests of each of the parties. Many of the cases that have unnecessarily found a home in the courts lie in the family division – succession cases. Three cases; the Mbiyu Koinange estate succession cause 527 of 1981 now forty-two years, JM Kariuki succession cause no.26 of 1985 that has been doing time in the courts for 38 years and that of Patrick Roki Wanyee succession cause 225 of 1985 that has a running case 3992/1988, now 35 years are among the longest-running in court. There is also criminal case no.75 of 2011, the murder of lawyer Anthony Nahashon Ngunjiri has also never been determined 12 years later, and many others. . Mbiyu Koinange Estate Succession – 42 years in court Mbiyu Koinange was a powerful minister in the Jomo Kenyatta Government, serving in cabinet and also a close confidante of the head of state. He died in 1981, and there began the battle for his estate, which in 2020 was estimated to be worth nearly 20 billion shillings and could be more. Original parties were the late cabinet minister’s first and second wives, both of whom are now deceased - Joyce Njeri Njunu and Leah Wanjiku Koinange as the applicants versus the respondents: his third and fourth wives Margaret Njeri Mbiyu and Eddah Wanjiru Mbiyu alongside his son David Njunu Koinange. In 2020 Justice Aggrey Muchelule ended the succession battle after being in court for 39 years ruling that all of Koinange’s 10 children and his two surviving widows had equal stake in his properties spread across the country which should be sold and shared equally among his beneficiaries. But, no sooner had the dust settled than Koinange’s grandchildren filled two other applications, separately, on 3^rd and 17^th February, 2021, seeking new parties to substitute late David Waiganjo, the late minister’s son. The matter went to the court of appeal and was referred back to high court where it remains active, bringing the case to 42 years in court, and counting. Chief Justice Martha Koome once handled the matter while sitting as high court judge in January 2005. She described the never-ending feud as an endless show, calling out parties and advocates involved. Reports indicate that more then 50 parallel cases have been filed since the case was registered in court. JM Kariuki Estate Succession – 35 years in court A second longest running court case in the family division is succession cause no. 26 of 1985, in the matter of the estate of JM Kariuki. Josiah Mwangi Kariuki, the former Member of Parliament for Nyandarua North was a wealthy and flamboyant man. On 2^nd March 1975, the vocal legislator was assassinated. For ten years his family could not agree on legal beneficiaries of his estate. Lee Muthoga who was JM KARIUKI’S lawyer, and handled the dispute for 11 years, failed to strike a consensus, eventually handing the matter to public trustee before it went to court. The tug of war was, and remains to be, Doris Nyambura Kariuki, JM Kariuki’s 1^ST widow as the applicant, versus his other wife, Terry Wanjiku Kariuki and Mark Kariuki Mwangi as respondents VS Maina Wa Ihuthia and Riara Kanyuira as contemnors. For 48 years now, 38 of them in court, Doris Nyambura has fought for her space as JM Kariuki’s only legal widow, who, she argues, should be allowed to inherent the estate. “In regard to the law as it stood then, it did not recognize polygamy, so indeed Nyambura is right to say she was the only lawful wife, but reality was different. JM lived reality not law which is that he had 3 wives, they were living together, its not that they did not know each other” - Lee Muthoga – JM KariukI’S former lawyer A section of the family accused Muthoga of destroying JM’s will and siding with one of the parties but Muthoga insists there was never a will and the allegations came after he had left the matter. He adds that one day after the slain MP had been buried, a team of security officers led by the late Patrick Shaw visited the house in Gilgil and begun dusting several places including the ceiling which the family and people present found it strange because the vocal legislator had been assassinated in Nairobi and not in his rural house. He states that once they left, a duplicate file of income tax was found on the table which caught everyone by surprise and had to be shredded and set on fire. For forty eight years, the Kariukis have tussled and haggled. One of the three widows, Mwikali, is now deceased. According to Muthoga, two issues that cropped up after JM’s murder were determination of who was the legal wife or wives and then the property left behind which could not be discussed since the first one was not solved. He bowed out. “ There’s nothing that gives me greater pain than knowledge that this estate has never gotten resolved.Koinange is another, these things are painful. If in 1975 they would have agreed and shared out it could have greately benefitted the family, but now selfishness has clouded them. It pains me because JM was almost family” -Lee Muthoga –JM Kariuki’s former lawyer Patrick Wanyee Estate Succession – 35 years in court Patrick Roki Wanyee died on 6^TH February 1984, not having done a will. The following year, a fight for his estate kicked-in, succession cause no. 225 of 1985. Peter Kamau Njui and Stephen Kamau Njuguna were the applicants VS Sharon Louise Wanyee and Boaz Reuben Shuma as respondents. His widow Sharon Louise Wanyee and Boaz Shuma petitioned the court for grant of letters of administration intestate. Intestate refers to a situation of not having made a will before one dies. According to court records, the grant was issued on 27^th may 1985 confirming the estate could be distributed to the deceased’s family. One of the properties of the deceased was Dagoreti/Riruta/63 measuring 20.6 acres. On 7^th September 2021 Peter Njui and Stephen Njuguna made an application for the revocation of the grant that had been issued and confirmed. The two are grandsons of the late Stephano Wanyee and the late Teresia Wanyee. On 1^st October 2021 the applicants sought to halt the effecting of an eviction notice dated 30^th June 2021, which was served upon them. An application that was opposed and is pending hearing. The initial defendants in the suit are deceased. The long-drawn matter has seen a turnover of lawyers, with Eunice Lumallas being the 6^th lawyer representing Sharon Wanyee, the widow in case no. 3992/1988. She states that despite the matter being taken to court in 1988, it only got a second hearing of the main suit in 2021 after 33 years. When contacted for a comment on the matter, Khan company Advocates, who appear for the applicants, declined to grant an interview despite having agreed to do so earlier. “ The file is riddled with change of advocates, application to replace and substitute parties, applications for adjournment. The matter was never heard on merit totally”- Eunice Lumallas, Sharon Wanyee’s lawyer. The 35-year old case continues after another court entertained a new petition after the court had ended the case and eviction orders issued. Just like the Koinange and JM Kariuki succession cases, the Wanyee succession matter appears to have also had its fair share of intrigues. Lawyer Anthony Ngunjiri Murder case– 12 years in court Criminal case no. 75 of 2011 is now 12-years-old. It is the Republic versus Mohamed Ismail Madey, Abdi Elmoge Abdi, David Kihara Muchiri and Joseph Muchiri Macharia who are the accused persons and facing a charge of murder, on the accusation that on 21^st September, 2011, at Thome area within Nairobi County, jointly with others murdered Anthony Nahashon Ngunjiri, one of then-President Mwai Kibaki’s lawyers. Ngunjiri was and was shot dead by two police officers at Garden Estate where he had gone to serve court papers to an individual involved in a property case. The person Ngunjiri was going to serve the documents had reportedly mobilised a gang of youth to block him from doing so. Official documents further indicate that pandemonium reigned prompting the lawyer to draw a pistol, and forcing the gang to scamper for safety. But, using his connections in the police, the individual in question allegedly called Kasarani police station and reported that an armed thug had stormed his home. Two junior police officers, Mohamed Ismail Madey and Abdi Elmoge Abdi, were dispatched to the home and shot Ngunjiri dead. A trial for the four accused commenced on 24^th January, 2012, before justice Luka Kimaru who would later be transferred to another station. Twelve years and the murder case is still pending despite justice James Wakiaga putting all the accused on their defense on 17^th July, 2019. PENDING CASES According to State of the Judiciary and the Administration of Justice annual report for the Financial Year 2021/22, as at June 2022 there were 678,697 pending cases across all courts, a decrease from the previous year’s 679,597 cases. In June 2022, there were more pending criminal cases than there were in 2021 - 294,278 against 293,605. Pending civil cases reduced from 385,992 to 384,419. CASE BACKLOG Article 159(2)(b) of the constitution envisages that justice shall be rendered expeditiously. In the Judiciary, the desirable timeline for determination of most case types is pegged at a maximum 1 year from their date of filing, therefore any case that surpasses 1 year from its filing date is classified as backlog. The report reveals that at the end of the 2021/2022 financial year, case backlog in all courts stood at 336,426 cases. The highest proportion is in Magistrates’ court at 69.3% followed by High Court at 15.7% begging the question, just how long should it take to resolve cases in court? APPEAL COURT BACKLOG The appellate court had four stations Kisumu, Mombasa, Nairobi and Nyeri during the period under review. Kisumu and Nyeri stations did not operate because of insufficient number of judges in court, forcing their matters to be handled in Nairobi. From the 10,404 pending cases in the Court Of Appeal, 5,869 cases were classified as backlog as they had surpassed the set timeline of resolution of 360 days from the date of filing. There were 3,556 cases that had been at the appellate court for between 1 to 3 years, and 2,313 that had been there for more than 3 years. HIGH COURT BACKLOG Out of the 82,852pending cases in the 40 High Court stations, 52,920 were backlog. Those between 1-3 years were about 33,300, then those that were more than 3 years stood at about 19,600. At the Magistrates’ Courts, of the 521,891 cases that were pending, 233,374 were backlog. The Employment and Labour Relations Court has a huge proportion of its pending cases being pending cases being backlog at 85 per cent. Lee Muthoga aptly captures the problem in the revelations and situation at the Judiciary. In one of the cases which I participated, we heard the case, finished and judgment was reserved to be delivered on notice. We waited 1,2,3 years…the 5^th year I called the lawyer for the other party, we had to agree on how land was to be shared and it was still not decided until 3 years later” Lee Muthoga WHO IS THE WEAK LINK? There are three components in a court case. The parties involved, their legal teams and the court. So, who is responsible for the delayed justice or the weak link in chain of justice? It is a classic case of blame game and swiftly swung ping-pong on who is responsible for the injustices meted on people in what should be the halls of justice. Judiciary Chief Registrar Anne Amadi says in criminal cases most adjournments are done by the office of director public prosecutions because either something is missing from police who supply them with documentation, witnesses not being available etc. “In civil cases its advocates, that’s not to say judiciary does cause delays. We also have situations where judges are indisposed, or a key event taking place in the Judiciary” -Anne Amadi – Judiciary Chief Registrar Law Society of Kenya President Eric Theuri says the delay in dispensing justice makes a mockery of the judicial process. “ Judiciary will tell you that its advocates who delay, the question then would be, who is in charge of the court, it’s the judiciary and they ought to take steps” Eric Theuri, LSK President Chief Registrar Amadi says much as its judiciary handling the matter, behavior of litigants has a bigger role to play. “We want pple to come to court to get justice, but also asking players also be fair to themselves and judiciary because litigation has to come to an end because those that don’t end make nonsense of the justice process, we need to stop the abuse of the justice process” Anne Amadi, Chief Registrar October 15, 2023

Battles In My Mind: Men of God

A report by the World Health Organization (WHO) has ranked Kenya fifth among the African countries with elevated depression cases and adds that more than 700,000 people die due to suicide every year.

Further research shows that one in ten men experience depression or anxiety but less than half will receive treatment.

NTV's Susan Grace sat down with two men and explored the sensitive subject of why men suffer in silence.

One of those men, Samuel Sijenyi, a youth worker and an assistant pastor started his preaching journey when he was 19, back in 2011.

His 12-year journey in the ministry has seen him work for different churches and when the pressure became too much to bear and felt his body shutting down, he left. It has been eight months since he left ministry and he says that he has sunk deeper into a depressive state,

He adds that no one wants to be around him and that caused him to self-isolate and not seek help; suffering in silence. 30-year-old Shem Gichimu who served in the church and mentored youths struggled with his mental health from a very tender age of 12. Frustrated by family and feeling unappreciated, he unsuccessfully tried running away from home but one morning when everyone had left for work, he attempted to take his own life. Fortunately, some family members came to his rescue. He once again attempted suicide when he was 18 following a break up that took a toll on him. This is Battles In my Mind: Men of God. October 10, 2023

The Veteran Lawyer: Tales of John Khaminwa's 50 plus years in law Inside the courtroom, he stands tall not only in experience but grace after decades of practice. John Khaminwa is the oldest practicing lawyer, a permanent fixture in majority high profile constitutional cases in Kenya. He quit public service and began practicing as a lawyer in 1973, it's now 50 years and counting and the 87-year-old learned friend is not about to stop. Duncan Khaemba sits down with Khaminwa as he delves into his illustrious career. September 26, 2023