CLEAR Kenya | Kenya Christian Fellowship | Christian Lawyers For Justice

R v Susan Kahindi

We conducted a defence hearing before Justice Lesit on Wednesday 20th January 2010. Our client has been charged with Murder. She is said to have killed her Husband and yet the evidence brought against her by the prosecution would not tell who really killed the victim leave alone our client. Further, the only person who could explain exactly what happened to cause the death has never been traced up to date. Everything went well from the examination to cross-examination. We had no other witnesses for the defence and therefore we closed our case and also gave in our submission. The judgement will be delivered on 5th February 2010. All that is left now is to pray, pray and really pray that all will be well.

Mohammed Bagherzadeh Azbari & Felame Aurelio Bagherzeh
Apart from the fact that this was a case that needed our serious attention, this story is just one that would move a person’s heart. The case was in the Nairobi Law Courts before Hon. Mutebei. The clients were an Iranian couple in the company of their 14yr old son who was separated from them shortly before they were charged in court. They were arrested at J.K.I.A and charged with being in possession of fake Bulgarian passports. The couple fled from Iran as they were sort after because of their conversion to Christianity making them to fear for their lives. We worked hand in hand with the U.N officials and Mr Osoro from Kituo cha Sheria who is also an advocate of the High court. They were taken to court on Friday 18th Jan 2010 to take plea but the plea was deferred on grounds that it is allowed in the Refugees Act sec 13 & 11 to enter into a country legally or otherwise. However, vetting had to be done by the U.N to confirm their status. The argument on that day was that since they were arrested at the airport they had not been given a chance to follow up the matter with the U.N as they had been in custody since then. They were given a mention date on Wednesday 20th Jan 2010 and an order was given by the court that the U.N officials should be allowed to have access to them while in police custody. On Wednesday the U.N tabled their report confirming that they were refugees. They were released on bond and the matter shall be mentioned on Monday as to whether they will be given asylum. So far, things are looking up!!!

R v Elizabeth Ndunge and Gladys Wairimu
It is said that justice delayed is justice denied. These two women can tell it all and just when we thought that the battle was finally over the last thing we expected happened. We went for their ruling in Makadara on Thurday 21st Jan 2010. Just before the Magistrate at Makadara could give the ruling, the prosecution entered a nolle prosequi. They were discharged but arrested shortly after and on Friday they were taken to Kibera law courts for fresh plea. We are still trying to do all that we can to see to it that this case comes to an end once and for all. Justice is what we strive for and we shall not rest until it is achieved.

We also had acquittals one on Friday the previous week. Fridah Makena had been charged with stealing but the students who were witnesses in the case did not turn up and she was therefore acquitted under section 202 of the Criminal Procedure Code. Another acquittal was for William Asoka also charged with steal. This was done on Friday this week.