Magistrate who bought bread for accused among 37 judge nominees
A Milimani Law Courts magistrate who once drew attention after offering to buy food for an accused person is among the 37 judicial officers nominated for appointment to Kenya’s superior courts.
Ben Mark Ekhubi, a Senior Principal Magistrate, features in the list released on Friday by Chief Justice Martha Koome through the Judicial Service Commission, proposing appointments to the High Court and the Environment and Land Court.
The Milimani courtroom moment that drew attention
The magistrate previously presided over a case involving Nelson Ibrahim Kidero, also known as Nelson Muriithi, who appeared before the Milimani Magistrate’s Court while in custody at Industrial Area Prison.
Court proceedings on September 30, 2025, captured a rare exchange after the magistrate noticed the accused appeared physically weak.
Mr Ekhubi inquired whether he was being fed and sleeping well in custody.
Kidero responded: “Not much, but saa hii niko njaa (Right now I’m hungry).”
It was at this point that the magistrate intervened, offering to ensure he had food for the day.
“I will buy you food for today, so I will tell the officer to get you bread and milk,” Mr Ekhubi told him.
When asked about the cost, the accused estimated the price in open court, prompting light moments in the courtroom.
“One packet of milk is supposed to be Sh60, so if you calculate the percentage… not the percentage,” he said, correcting himself as the court burst into laughter.
“The total cost of bread and milk is not less than Sh120.”
The magistrate then noted: “I only have Sh500,” before handing the money to a police officer tasked with facilitating the purchase.
Case background
Kidero was facing charges of trespassing into the Bunge Towers parking area on August 7, 2025, at around 9:30pm.
In earlier proceedings, he had told the court that he was the son of President William Ruto and admitted to unlawfully entering Bunge Towers multiple times, claiming he was searching for his “13 wives.”
However, during the September hearing, he changed his plea and denied the charges.
When asked about bail, he surprised the court by stating he would rather return to Kamiti Maximum Prison.
Following the proceedings, Magistrate Ekhubi ordered a mental evaluation, stating:
“I still insist we need to get that mental assessment because he is clearly not okay.”
The prosecution informed the court that the accused would be taken to hospital on October 1, 2025, for assessment.
Kidero also told the court he had previously served a seven-year sentence at Kamiti Maximum Prison and said he was still awaiting his national identity card.
“I do not have an ID, but I was supposed to get it since I have finished my seven-year sentence in the Kamiti Maximum Prison,” he told the court.
From Milimani court to superior court nomination
Mr Ekhubi’s inclusion in the 37-name list places him among magistrates proposed for elevation from the subordinate courts to the superior judiciary.
If approved, he will serve in the Environment and Land Court, which handles disputes on land ownership, usage, and environmental governance.
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