Justice delayed, the adage goes, is justice denied. This is case with myriad cases which have dragged on in the corridors of justice for years, piling pressure on ongoing reforms at the Judiciary to improve service delivery.

Below are some of the cases that have been pending in court for more than three years in Kenya.

Kabete MP George Muchai  murder

Since he died on February 7, 2015 seven suspects linked to his murder were arrested and charged in March 2015 with two cases murder and robbery with violence.

The two cases against Raphael Kimani Gachii, alias Kim Butcher, Kimani Anyonyi, alias Musti, and Stephen Asiliva Lipapo, alias Chokore, Erick Muyera Isabwa, alias chairman, Jane Wanjiru Kamau, alias Shiro, Margaret Njeri Wachuiri and Simon Wambugu Gichamba are still pending in different courts, High court criminal division and Chief Magistrate Court (currently at City court after it was transferred from Milimani).

NYS I and II scandal

The first case was filed in May 2016. It involved businesswoman Josephine Kabura, businessman Ben Gethi and eight others over money laundering charges relating to the loss of Sh791 million from the youth facility.

The second case was filed in 2018 involving Former Youth and Gender Principal Secretary Lilian Omollo, Former NYS director Richard Ndubai, three companies and 28 others over the loss of Sh468 million.

All the cases are ongoing, some in the criminal and anti-corruption court.

Ex-Juja MP George Thuo murder

Thuo is reported to have died on November 2013 after collapsing while drinking with friends at a night club in Thika town.

Later, six suspects were arrested and charged in November 2014.

They included Paul Wainaina, the proprietor of Club Porkies in Thika, two disc jockeys Andrew Karanja Wainaina and Samuel Kuria Ngugi, alias Visi, a waitress Esther Ndinda Mulinge, a club patron Ruth Watahi Irungu, alias Atlanta, and a friend of the deceased, Christopher Lumbazio Andika, alias Lumba.

The case is still going on before the High Court.

Chicken gate scandal case

The suspects, former electoral commission chief executive James Oswago and Trevy Oyombra, were arrested in February 2018 and the case has still been pending in court until today.

Oscar Sudi’s forgery of academic papers case

The MP was charged in October 2016 and the case is still going on at the anti-corruption court.

Former Migori Governor Okoth Obado’s murder and corruption cases

Obado was charged in September 2018 with aiding and abetting the murder of former Rongo University student Sharon Otieno.

He also faces graft charges over loss of over 500 million at Migori county government. Both cases are pending in court at the prosecution stage.

Former Samburu Governor Moses Lenolkulal’s Sh84.7m graft charges

Lenolkulal was charged in 2019 with four counts of abuse of office and conflict of interest.

Former Kiambu Governor Ferdinand Waititu and his wife Susan Wangari the Sh588 million graft case

Waititu was charged on July 29, 2019, with fraud, conflict of interest, dealing with suspect property, money laundering and abuse of office.

Former Kenya Pipeline MD Shem Ochuodho’s Sh2b corruption case

Another long drawn case that has been pending in court for long is the Sh2 billion fraud case against ex-Kenya pipeline MD Shem Ochuodho and director of Triple A.

Ochuodho presented himself to court February 11, 2010 and denied seven corruption and abuse of office charges. The case is ongoing before Milimani Chief Magistrate.

Triton graft case against business Yagnesh Devani and others

Devani is charged, alongside former Triton Petroleum company limited finance Manager Mahindra Pathak and three former senior Kenya Pipeline Company officials Benedict Mutua, Peter Mecha, Phanuel Silvano Okwengu.

The long drawn Sh7.6 billion graft case against Devani and his co-accused commenced in 2009. The accused were charged with conspiracy to defraud, fraudulent disposition of mortgaged goods, abuse of office and neglect of duty by public officers.

The six suspects are accused of jointly disposing off 13 million cubic metres of diesel worth Sh32,047,783 without consent of Emirates National Oil Corporation (Singapore).

The case is pending before trial magistrate Thomas Nzioki.

Omtatah’s petition challenging rollout of CBC

Omtatah filed the suit in September 2021 and to date it is yet to be determined by the High Court. A similar case also pending before the High Court was filed by former Law Society of Kenya President Nelson Havi.

Omtatah and Havi are challenging the competency-based curriculum, terming it unconstitutional.

The lawsuit on Eurobond transactions lodged in court by Omtatah and activist Nyakina Gisebe

 The case has been pending at the Milimani Constitutional court since 2015.

In the case the two moved to court after being concerned that mystery surrounds funds the government borrowed from the international markets.

On December 1 2015, the duo filed a Constitutional Petition No. 531 of 2015 at the High Court in Nairobi (Milimani Law Courts) seeking to unravel the mystery surrounding the use of the US$ 2.75 billion which was borrowed by the government using a sovereign bond from international money markets in the period between June – November 2014.

Omtatah’s eCitizen case

The case filed in 2018 by Omtatah is also pending determination.

The Busia Senator filed the suit at the Milimani High Court’s constitutional and human rights division raising questions about the Sh50 convenience fee while pointing out potential breaches of procurement laws.

The eCitizen portal is the official digital payment platform of the government, which enables Kenyans to pay for and access government services. However, he said, the portal charges a flat fee of Sh50 per transaction, irrespective of the amounts involved, and above transaction costs billed by eCitizen service providers.

Omtatah said the Treasury cabinet secretary had never demonstrated whether the funds collected through the portal were, as required, being deposited into the Consolidated Fund. He said the court should intervene and protect the public from being “ripped off on the eCitizen portal”.

“Whereas the collection of any funds for and on behalf of a government entity has to be through authorised and designated collectors of government revenue, the respondent has not gazetted M-Pesa, Airtel Money, Visa Card, MasterCard, EazzyPay, E-Agent, KCB Cash, and Equity Cash, the digital payment options on eCitizen, as authorised revenue collectors for and on behalf of the government,” he said.