|
LISTEN TO THIS THE AFRICANA VOICE ARTICLE NOW
Getting your Trinity Audio player ready...
|
ODPP Blames DCI for Delay in Blogger Sniper’s Murder Probe
The Office of the Director of Public Prosecutions (ODPP) Wednesday hit back at claims of stalling the investigation into the murder of Meru blogger Daniel Mwangi, popularly known as Sniper. In a statement, the ODPP pinned the blame squarely on the Directorate of Criminal Investigations (DCI), saying it had not received the necessary file to proceed.
This comes after mounting criticism online, including from State House blogger Denis Itumbi, who questioned the ODPP’s apparent lack of action in the case.
The ODPP clarified that it had already supported the DCI’s application for custodial orders against the prime suspect, Vincent Muriithi Kirimi, alias Supuu wa Mioro, while Sniper was still missing. However, the court granted Kirimi bail.
Following the discovery of Sniper’s body, the ODPP said it promptly instructed the DCI to initiate a murder investigation and submit the file for review and guidance. “The ODPP has not received the inquiry file into the offence of murder up to date,” the statement read.
Itumbi’s social media post, demanding the DPP’s explanation for the delay, provided the backdrop for the ODPP’s statement. He had pointed out the suspect’s arrest and subsequent release on bail, with the DCI citing a lack of direction from the ODPP as the reason for the inaction.
Adding to the pressure, Canada-based lawyer Miguna Miguna joined Kenyans online in demanding answers from top security officials, including Inspector General of Police Japhet Koome. Miguna termed Sniper’s murder a symbol of the country’s thriving culture of impunity.
“Kenya is a violent society that has been run over by the culture of impunity. On this Christmas Day, Kenyans demand to hear from the DCI and Japheth Koome about the BARBARIC MURDER of Sniper!”he wrote on his X platform.
A postmortem examination revealed that Sniper died of strangulation, with marks on his neck, fractured ribs, and head injuries.
“There were no signs of struggle and he seemed to have been completely subdued to a level that he could not fight back. We have taken some samples of organs that will be subjected to toxicology tests to establish whether there were substances used to achieve this,” Johansen Oduor, the government pathologist said.
The Meru blogger was reported missing on December 2nd and his body was found dumped in Mutonga River on December 16th.
Sniper’s family, fellow bloggers, and political leaders have all called for a speedy investigation and for those responsible to be brought to justice.
Housing Levy Backlash: Omtatah Races to Overturn Stay Orders
Busia Senator Okiya Omtatah has achieved an initial victory in his legal battle against the controversial housing levy imposed by the Finance Act 2023. The Court of Appeal has certified as urgent his application to vacate stay orders issued by the High Court, paving the way for a swift hearing on the matter.
In a letter to Omtatah Tuesday, Registrar of the Court of Appeal Moses Serem confirmed the certification and stated that a three-judge bench will hear the case. This development marks a significant step in Omtatah’s challenge to the housing levy, which he and many Kenyans believe is discriminatory and unfair.
The application, filed on December 8, 2023, lists 51 respondents, including the CS for Treasury, the Attorney General, both Houses of Parliament and their respective Speakers, and the CS for Lands. It challenges the stay orders issued by the High Court on November 28, 2023, which effectively put on hold a previous ruling declaring the housing levy unconstitutional.
The High Court’s initial ruling, delivered by Judges David Majanja, Christine Meoli, and Lawrence Mugambi, found that the housing levy unfairly targeted salaried Kenyans while excluding those in the informal sector. This violation of Article 10 of the Constitution, which guarantees equality before the law, formed the basis for the judges’ decision.
However, the court subsequently issued stay orders, delaying the implementation of its own ruling and allowing the government to continue collecting the levy. This prompted Omtatah and three other applicants, Eliud Karanja, Benson Odiwuor, and Blair Angima, to file an appeal with the Court of Appeal.
In their supporting affidavit, the applicants argue that the High Court overstepped its authority by issuing the stay orders. They contend that the court had no power to allow the government to continue implementing an unconstitutional law. Additionally, they argue that delaying a declaration of unconstitutionality constitutes a denial of justice.
Furthermore, the applicants highlight the potential harm caused by the continued collection of the housing levy. They argue that the discriminatory nature of the levy places an undue financial burden on salaried Kenyans and exacerbates existing economic challenges. They also emphasize that any damages awarded in a future lawsuit would not be sufficient to compensate for the ongoing harm caused by the levy.
The outcome of this case will have significant implications for the Kenyan government’s housing policy and its commitment to upholding the principles enshrined in the Constitution. It is a case that is being closely watched by Kenyans across the country, and the Court of Appeal’s decision is eagerly awaited.
LEAVE A COMMENT
You must be logged in to post a comment.