Man sues Kang'ata over alleged misuse of name in crash petition
Courts
By
Nancy Gitonga
| Aug 26, 2025
Murang'a Governor Irungu Kang'ata' when he appeared before the Senate County Public Investments and Special Funds Committee at Parliament Buildings, Nairobi, on March 17, 2025. [Boniface Okendo, Standard]
A man has filed a constitutional petition against Governor Irungu Kang’ata, accusing him of fraudulently using his name—along with those of seven other former employees—in a Senate petition related to compensation for victims of the 2019 Ethiopian Airlines Flight ET302 crash.
Davis Mburu Karanja, a former county driver alleges that while serving as Murang’a Senator, Kang’ata included their names in a June 2019 Senate petition without consent. The petition sought support for families of the crash victims, including the issuance of death certificates and psychosocial assistance. The tragedy claimed 157 lives, including 32 Kenyans.
Mburu insists he had no familial or social ties to any of the victims and only learned in October 2024 that his name had been used. “I had no involvement in the crash, nor any association with its victims, and I never authorised anyone to include my name in such a petition,” he states in a sworn affidavit.
According to Hansard records submitted in court, Kang’ata admitted knowing the listed individuals and said he had advised them to file the petition, claiming a conflict of interest prevented his direct involvement. However, Mburu contends this was a “gross misrepresentation,” arguing that all petitioners were Kang’ata’s former staff and had no genuine connection to the crash.
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“The first respondent abused his position and parliamentary privilege under Article 117 of the Constitution by fraudulently presenting our names as relatives of the deceased,” the petition reads.
Mburu’s legal team, Mugeria, Lempaa & Kariuki Advocates, has named Governor Kang’ata as the first respondent. The Senate of the Republic of Kenya and the Attorney General are also listed as respondents, while Ethiopian Airlines and Boeing International Corporation are named as interested parties, given the international nature of the case.
Through his lawyer Soyinka Lempaa, Mburu cites violations of his constitutional rights under Articles 28 (human dignity), 33 (freedom of expression), 35 (access to information), and 47 (fair administrative action).
In February 2025, Mburu’s lawyers wrote to Kang’ata seeking clarification. Instead of responding substantively, Kang’ata’s legal team issued a demand letter accusing them of defamation, which Mburu views as an act of intimidation.
The matter was escalated to the Commission on Administrative Justice (CAJ), which wrote to the Senate requesting an explanation. In November 2024, the Clerk of the Senate confirmed in writing that Mburu’s name had indeed been included erroneously, without proper verification or consent.
Mburu further alleges that, after he began pursuing answers, he was subjected to harassment and politically motivated retaliation. He claims Governor Kang’ata instigated a criminal complaint that led to his arrest and arraignment at the Thika Law Courts, where police unsuccessfully sought a 14-day detention order.
“The arrest was a calculated attempt to silence me,” he states.
The court instead directed him to report to the Directorate of Criminal Investigations (DCI) daily for 14 days—an act he views as excessive and vindictive.
Mburu is now seeking a conservatory order barring the Senate and Kang’ata from using or referencing his name in connection with the petition. He also wants full disclosure of all related documents and a formal explanation of how his and others’ names were included without consent.High Court Judge Lawrence Mugambi has ordered Kang’ata and the Senate to be served within seven days, and to file their responses within 14 days.