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SUDANESE NATIONALS IN KENYA CALL FOR DIALOGUE OVER RAGING WAR.

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Sultan Ahmed Hussein Ayoub Ali Dinar./COURTESY PHOTO.

BY NT CORRESPONDENT.

Sudanese residing in Kenya have pleaded with the rival factions battling for control of war-torn country to lay down their arms for the sake of peace.

Through Sultan Ahmed Hussein Ayoub Ali Dinar, the Sudan nationals urged the two factions- armed forces and the rapid support forces to drop the hard stance and engage in dialogue, to save lives and stop further destruction.

“The people of Darfur have suffered death, destruction and displacement and will not allow any party or entity to repeat the experience of the Darfur war,” he said.

Speaking in Nairobi, the Sudanese said the war in Darfur produced a bitter reality for the people of Sudan and in the Darfur region, and which requires everyone’s wisdom and vigilance to stay away from adopting any negative positions aimed at expanding the war throughout the country.

“Our people in Darfur have faced difficulties and lived for many years under the damn war and do not want to return to that dark chapter of their lives, and we are confident that our country and the Darfur region in particular will overcome the war station,” said the Sultan.

He called on sons and daughters of Sudan including opinion leaders, science and culture, leaders of armed movements, parties, civil society organizations, to hold their hands and work together to strengthen the social fabric and to make every effort to put out the flames of sedition

“Our people throughout Sudan, and Darfur in particular there is hope and golden opportunity despite the harsh conditions of war, which we must take to manage a dialogue on the basis of equality, justice and ensuring rights that works on. It addresses the imbalances of Sudanese life in all its political, economic and social aspects and prevents the recurrence of the war scenario,” said the Sultan.

He added that in the sense and in a purely national spirit, I appeal to the leadership of the armed forces and the Rapid Support Forces to put weapons aside and immediately go to the platforms of dialogue to address differences.

He reiterated the nationals call to the private administrations in Sudan and Darfur in particular to avoid tribal and ethnic alignment, division of society, and the fight and calls for sedition aimed at expanding the war.

“I reiterate my wishes for urgent recovery, wounded and solidarity with the families of the dead, and we affirm our encouragement for all community initiatives and the efforts of officials in driving people’s lives and providing basic services to citizens and maintaining their security,” said the Sultan.

He added that in appreciation of these critical circumstances, we address you all this call, which we make from a purely national point of view that (stop this war), stop it after we all were unable to prevent its establishment, we were all unable to protect our homeland from killing, destruction, displacement and asylum.

Sultan Ahmed said they recognize and they must also admit that they have all made unavowable mistakes against their homeland and their people, especially our future generations of young men and women.

He said Instead of giving them an advanced prosperous homeland, we have left them wounds, blood and tears, so this war must stop now, and encourage efforts to stop it and not allow it to expand further.

FORMER TV QUEEN SUES UHURU’S PA JOMO FOR SH2.7 MILLION MONTHLY MAINTENANCE.

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Former President Uhuru Kenyatta’s nephew and aide Jomo Gecaga who has ben sued over child upkeep.

BY SAM ALFAN.

A woman has sued former President Uhuru Kenyatta’s nephew and aide Jomo Gecaga seeking Sh2.7 monthly fee to cater for two children allegedly sired by him.

The woman, a former TV queen wants the court to direct Jomo to start paying the monthly maintenance fee starting June 2023.

The money will cater for the minors’ food shopping, shelter, clothing, entertainment, utility bills and staff salaries.

She also wants the court to order Jomo to clear school fees balance including the costs for the extra-curricular activities including school clubs and incidental expenses for their twins for the current academic term.

“I am apprehensive that Jomo may have intentions to permanently relocate any time from Kenya together with the minors without her knowledge given that he is possession of their original documents and it is in the best interests of the children herein for the orders sought in this application to be granted,” the mother of three said in court documents.

She is also seeking an order from the court compelling Jomo to enroll and pay school fees for their children in a formal school to be agreed upon by both of them.

The agreement, according to the woman should be reached within seven days of the court order and the arrangement should last until the matter is concluded.

“In an unexpected turn of events and for no apparent reason, the Defendant began to systematically drop all support for the three minors in 2018. First, he stopped paying for child’s school fees entirely, which resulted in her being her removal from Peponi School and is currently being homeschooled and has not resumed formal education,” says the mother of three.

She is also seeking an order restraining the former president man, his servants or agents under his authority from taking the minors away from the country, without leave and authority of the court.

According to former TV queen, Jomo used to provide for the kids from 2015-2018, as their father and he introduced them to a high standards of living while living in Runda.

She adds that he then withdrew support for all workers, nannies, chefs and security and eventually stopped visiting the minors despite promising to do so numerous times.

She says they eventually evicted from the Runda home and they were forced to seek shelter in a small home with manageable expenses.

The sudden shift of lifestyle greatly affected the minors psychologically, he says.

“At the time of being evicted from the Runda home, the twins had joined the Vale School- Muthaiga which they also dropped out and started being homeschooled alongside her daughter.

According to the court documents seen by NairobiTimez, in 2020, she lost her job at one of the local TV station and she does not have a regular income.

She says that the three minors are used to a certain kind of lifestyle and that needs to be maintained to ensure their emotional needs are not compromised.

“Therefore, in an attempt to maintain the level of lifestyle which the minors were used to and to ensure that they do not fall into depression, the Plaintiff has been taking loans,” says the mother of three.

According to her, Jomo has been supporting the minors’ single- handedly through loans, the help she gets from her family, friends and limited help from the minors’ grandfather- Udi Gecaga through the family trust.

Since 2020, Uhuru’s former private Assistant refused to pay and has not been paying the minors’ school fees and any upkeep expenses.

“The minors have not been getting formal education since 2020 and are currently being home-schooled and Jomo has only begun to show interest towards the maintenance and care of the minors after she issued him with a demand letter in February 2023,” she says.

She adds that after the issuance of the demand letter, Jomo enrolled the twins to the Vale School Muthaiga in April 2023 and paid school fees although he did not pay for extra-curricular activities and the minors are being denied to participate in the school clubs’ activities due to the non-payment.

She argues that she was not consulted and they did not agree as parents’ before-hand on which school the twins would be enrolled to and Gecaga has also visited the minors twice in the month of May 2023.

“It is noteworthy that daughter is still being homeschooled and has not yet been enrolled to any school and he has a dual citizen of Kenya and England and holds a diplomatic passport,” says the mother of two.

She argues that the father is withholding the original birth certificates and passports of all the three minors and has refused despite numerous requests, to grant her access to the documents.

BUSINESSMAN DENIES STEALING GOVERNMENT FERTILIZER ON TRANSIT.

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Eric Kiarie Ng’ang’a before a Nairobi court where he was charged with conspirancy to teal fertilizer worth millions./PHOTO BY IRENE ONYANGO.

BY IRENE ONYANGO.

A businessman has been charged with conspiring to steal over 5000 bags of subsidised fertilizer valued Sh27 million belonging to the government, which was on transit.

Eric Kiarie Ng’ang’a appeared before Milimani senior resident magistrate Ben Mark Ekhubi and denied stealing the 5,000 bags of 50kgs of subsidized fertilizer.

Ng’ang’a is jointly charged with seven others who have already been charged before court.

They include Joseph Muthama Wamakau, Stanley Musyoka Mumo, Martin Munyao Kioko, Beatrice Mwikali Ishmael, Fredrick Gateri, Joseph Muthama Matheka and Anthony Ngei Kimuyu.

They allegedly committed the offence on diverse dates between March 21 and April 27, 2023 at an unknown place within the country.

The charge sheet against Ng’ang’a stated that he stole 1,120 bags of subsidized fertilizer on transit from the Port of Mombasa to National Cereal and Produce Board Depot at Kamwosor Depot in Rift Valley. The commodity was valued over Sh9 million.

Ng’ang’a denied four counts of fraud and theft, allegations the prosecution said was committed on diverse dates between March 21 and April 27, 2023.

Kioko, Ng’ang’a, Mwikali, Gateri and Matheka were charged with stealing 560 bags of prilled urea subsidized fertilizer worth Sh3,080,000 which was on transit from Mombasa to the NCPB Fort Tenan depot.

The fertilizer was being transported on motor vehicle KCC 867 N trailer ZE 6330.

The third count was against the same five accused persons where they denied theft of 560 bags of CAN 26 % N subsidized fertilizer valued at Sh3,080,000.

The fertilizer was being transported from Mombasa to NCPB Kericho deport.
Kimuyu was charged separately with stealing 560 prilled Urea subsidized fertilizer between Mombasa and Kamwosor NCPB Depot between April 20 and 24, 2023.

Prosecution had opposed the release of accused person who was brought to court under warrant of arrest.

WHY COURT NULLIFIED APPOINTED OF KeRRA BOSS.

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Former director-general of the Kenya Rural Roads Authority (KeRRA) Philemon Kiprop Kandie .

BY SAM ALFAN.

The hurried manner in which the appointment of Philemon Kiprop Kandie was made as the director-general of the Kenya Rural Roads Authority (KeRRA) showed that the board had predetermined him to the position, the Employment court has ruled.

Nullifying the appointment made by former Transport CS James Macharia in April last year, the court said the process was characterized by bad faith as the board appeared to have decided Kandie, who was the acting director-general must become substantive boss.

Justice James Rika of the Employment and Labourt court said the KeRRA board did not establish any ground that would justify the shortening of the 21-day advertisement period as required by the Public Service Commission Act.

According to the judge, there was no urgency to fill the position since Kandie had been acting in the position for one year and eight months.

“The other candidates were in the mind of the respondent ushers, in a procession, where the outcome was predetermined,” the court said.

Samson Nzivo Muthiani, an engineer who described himself as a public interest litigant moved to court last year to quash the appointment saying it was done contrary to the law and the constitution.

He pointed out that the position was advertised on March 22, last year and Kandie was appointed to the post on April 13, 2022.

Nzivo argued that the employer did not observe the 21-day rule as required in human resource policies and procedures manual for Public Service.

He further said the rule states that ministries and state departments should advertise all vacant positions in a manner that reaches the widest pool of potential applicants and allow for at least 21 days before the closure of the appointment.

He also submitted that the advertisement was required to disclose details of the post, title, number of vacancies, job description, specifications and the proposed remuneration.

But he says the advertisement was done hurriedly and applicants were granted 13 days to apply. It was also not placed on the Public Service Website, limiting the number of applicants.

He said only nine candidates applied because of the short timelines.

Three of the nine were shortlisted and invited for interviews and names forwarded to the Cabinet Secretary and appointed Kandie in consultation with the board for five year period.

The board informed the court that Kandie met the requirements and the process was fair and above board.

The board said Kandie had acted for the allowable six months and KeRRA had to fill up the position.

Further, the state corporation was not bound to advertise the position in the Public Service website but chose to advertise in a newspaper of nationwide circulation.

But Justice Rika said the advertisement was not made as required by the Public Service Commission Act, as it was not placed in radio and other modes of communication or public service commission website.

NIGERIANS ACCUSED OF ABDUCTING FELLOW COUNTRYMAN DETAINED.

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Henry Odugba Ochuko, Oseyi Erewelf, Edosa Jordan Idehen and Ogbeifun Denis before court/PHOTO BY S.A.N.

BY IRENE ONYANGO.

Five Nigerians accused of abducting a West African businessman after a Sh4 million deal went sour in 2020 have been detained by Nairobi Court pending investigations.

Milimani Senior Principal Magistrate Benard Ochoi ordered detention of the five Nigerians for four days at Parklands police station to allow detectives to complete investigations into alleged abduction.

However, the court released two Kenyans facing similar allegations alongside the Nigerians with cash bail of Sh 100,000 pending investigations.

The seven were presented before a Nairobi court on Tuesday and the magistrate directed the Nigerians to remain in custody for three days, to allow the police conclude investigations into the matter.

They include Henry Odugba Ochuko, Oseyi Erewelf, Edosa Jordan Idehen, Ogbeifun Denis, Ojeaga Edoh, Halima Vanesa Rajab and Juliet Mukima Gakuu.

The seven allegedly abducted Duke Ehiarekhian Ekoh after arriving in Nairobi on May 29.

It is alleged that he met Henry Odugba Ochuko whom he had some business contract in Lagos but he had failed to complete the deal because Ochuko failed to clear the full amount for the importation of some equipment from China.

He further stated that he was asked by the said Ochuko to meet in Kilimani and upon arrival, he was led to a rented house in a bid to settle the matter.

Duke, through the investigative officer Gerald Kamwaro said that upon his arrival, Ochuko who was in company of two other persons were joined by Oseyi Erewelf, Edosa Jordan Idehen and Ojeaga Edoh.

He said he was later informed that he was under their custody until he refunds the money that he had received while in Lagos way back in 2020.

In the miscellaneous application brought before Senior Principal Magistrate Bernard Ochoi, one of the people started beating him inflicting injuries on his left chin, left eye, nose, head and left middle finger.

Further, it states that the suspects took videos of him using his phone and sent them to his friends and family demanding payment of Sh48,580,000 which was the initial money that had been given to him as payment.

The suspects’ lawyer, however, denied the claims saying the claims were not true and that Duke was the accused business partner that had failed to meet his end of the bargain and pay back their money.

The police however requested for 3days to complete investigation and at the same time, confirm the status of the complainant who is admitted in the hospital.

He further informed the court that the five Nigerians had no passport and they were in Kenya illegally.

The court ordered the accused to be remanded at Kilimani police station after which they will be arraigned in court for plea taking.

POLITICIAN AND ACCOMPLICE DETAINED OVER ALLEGED EXTORTION OF MILLIONS.

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Musaari Kahiga Syongoh and Alivin Nzomo Muthami before court./PHOTO BY IRENE ONYANGO.

BY IRENE ONYANGO.

A former parliamentary aspirant and an alleged accomplice have been detained at Parklands Police Station for four days pending conclusion of investigation into claims of extortion.

Musaari Kahiga Syongoh and Alivin Nzomo Muthami were presented before Milimani Senior Principal Magistrate Bernard Ochoi but the police sought for more time to conclude investigations.

According to the police, the duo were arrested on 3rd and 4th June 2023 respectively, over alleged extortion using threats.

The police stated that the two had committed the offense on diverse dates between 1st January and 10th May 2023, when they allegedly threatened to kill Chetan Babu alias CJ.

The messages were allegedly sent from an Airtel number which was unknown to Babu and the message stated that he would be exposed if he didn’t comply with the sender’s demands.

The Directorate of Criminal Investigation through the Investigative Officer Nyangige Mathias informed the court that complainant gave out Sh50,000,000 to the duo for fear of his life and subsequently reported the matter to Parklands Police Station.

He further stated that upon investigation, he found out that the duos phone numbers were fully associated with the same number that had texted CJ.

The court further heard that upon arrest, Syongoh further caused chaos by resisting arrest.

The Investigative Officer also informed court that 5 rolls if Cannabis Sativa was extracted from Syongoh’s pocket and he also had a black document folder which contained threatening reports against the complainant’s allegations of theft of money reports that was used as a weapon of extorting money from CJ.

The investigative officer requested the court for some days since he had established that since the complainant had reported the matter, Syongoh and Muthami together with others had plans to eliminate the complainant to the extent of sharing his confidential documents.

He further pleaded with the court stating that the suspect’s phones and other sim cards found needed to be taken to the cybercrime unit for analysis and to confirm if the IMEI histories had paired with the gadget used for threats.

The court allowed the suspects to be detained at Parklands police station for four days after which they will be allowed to be released on a bond.

WHY SENATOR OMTATAH WANTS FINANCE BILL QUASHED.

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Busia Senator Okiyah Omtatah displaying petition to court reporters outside Milimani Law Courts building after filing a case challenging Finance Bill 2023./PHOTO BY S.A.N.

BY SAM ALFAN.

Busia Senator Okiyah Omtatah has challenged the 2023 Finance Bill arguing that it is unconstitutional.

In a case certified as urgent by the High Court, the legislator says taxing members of independent Commission and judges  is unconstitutional.

Omtatah further dismissed the proposal to deduct 3 percent from employees salaries, arguing that the amount deducted cannot buy a house.

The Senator says the amount deducted after seven years will only be Sh420,000.

He argued that Section 76 of the Bill, if it becomes law, threatens to subject taxpayers’ in formal employment to unreasonable administrative action.

He faults the government for proposing a formula which cannot guarantee a house to any person contributing to the so-called Housing Fund, ‘unless there is a hidden poly where some of the contributors will be scammed’. 

“If an employee was to save the maximum amount possible from deductions and contributions amounting to a sum of Sh5000 per month for the seven years it will yield only Sh.420,000.00 (being 5,000 x 12 x 7 = 420,000). There is absolutely no way that Sh.420,000 can be used to finance the purchase of a home under the affordable housing scheme, given that the houses will be permanent structures, or even flats,” says Omtatah in his petition.

The Busia senator adds that several sections in the Finance Bill violate the court the constitution since the affects the Bill of Rights.

He wants the High Court to quash several sections of the Finance Bill 2023 and compel the Treasury to audit the public debt register to separate genuine sovereign debts which were authorised by Parliament and should be repaid by Kenyans from odious debts which were incurred without parliamentary approval or benefitted private entities who should repay them.

He further wants the High Court to declare there are inherent natural law and constitutional limitations on the power of the political arms of Government (the Executive and the Legislature) to impose taxes, which limitations protect taxpayers from unconstitutional taxation.

He further seeks the court to declare that by publishing the Finance Bill 2023 which contains threats to the Constitution, the Cabinet Secretary for the National Treasury and Planning failed in its duty to uphold the Constitution as required at Article 153(2)(a) of the Constitution.

Omtatah wants the court to declare that by publishing the Finance Bill 2023 which contains threats to the Constitution, the National Assembly failed in its duty to uphold the Constitution as required at Articles 93(2) and 94(4) of the Constitution.

He further seeks declaration that by including the impugned amendments to the Statutory Instruments Act, 2013, to the Employment Act, 2007, the Finance Bill violates Articles 109(5) and 114 of the Constitution and ceases to be a ‘money bill and the impugned amendments to the Betting, Gaming and Lotteries Act [CAP. 131], Kenya Roads Board Act, 1999, and the Statutory Instruments Act, 2013, the Employment Act 2007, and the Housing Act (Cap. 117) are amendments to Bills concerning county governments that must be enacted by both the National Assembly and the Senate.

According to Omtatah, the court should declare that before committing public funds to repay public debts, the public debt register ought to be audited to separate genuine sovereign debts which were authorised by Parliament and should be repaid by Kenyans from odious debts which were incurred by regime owners without parliamentary approval or were used to benefit private entities who should repay them.

He argues that the Bill pose threats to express provisions of the Constitution of Kenya 2010, including section 76 of the Bill, proposes to amend the Employment Act, No. 11 of 2007, to introduce mandatory deductions at the rate of 3% of an employee’s monthly basic salary to be paid by employees and a 3% contribution by employers, respectively, into the National Housing Development Fund, established under section 7 of the Housing Act, to finance affordable housing projects.

Notably, the introduction of this levy means that the gross salaries of employees will be subjected to further deductions which will impact their net take-home income.Hence, to the extent that it will interfere with the net salaries of judges, members of constitutional commissions, and holders of independent offices, the proposed law will contravene Articles 160(4) and 250(8) of the Constitution of Kenya, 2010, which forbid such interference with the salaries of those State officers.

He argues that section 76 of the Bill threatens socio-economic rights (Article 43) to the extent that, if made law, the fund will require a 3 percent reduction in basic salary for employees and a 3 percent contribution from employers, thereby reducing worker’s purchasing power as it increases business operating costs.

He further states that section 76 of the Bill threatens to violate the national principles of good governance (Article 10) and rights to fair administrative action (Article 43), for some employers, to the extent this tax will be frustrating specially because the proposed amendment does not define who an employee is for purposes of benefitting from the levy.

EIGHT CHARGED WITH STEALING GOVERNMENT SUBSIDISED FERTILIZER.

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Joseph Muthama Wamakau, Stanley Musyoka Mumo,Martin Munyao Kioko,Beatrice Mwikali Ishmael,Fredrick Gateri,Joseph Muthama Matheka and Anthony Ngei Kimuyu before court./PHOTO BY IRENE ONYANGO.

BY IRENE ONYANGO.

Eight people have been charged with stealing 50kg bags of fertilisers worth Sh27 million.

The eight allegedly stole the subsidised fertilizer belonging to the government.

The accused persons included Joseph Muthama Wamakau, Stanley Musyoka Mumo,Martin Munyao Kioko,Beatrice Mwikali Ishmael,Fredrick Gateri,Joseph Muthama Matheka and Anthony Ngei Kimuyu.

They appeared before Milimani Chief Magistrate Lukas Onyina and denied the charges. 

It is alleged that they stole 5,060 bags of 50kg bags of subsidized fertilizer valued at Sh 27.8 million.

The charges stated that they committed the offence on diverse dates between 21st March 2023 and 27th April 2023 at an unknown place in Kenya, jointly with others not before court.

The charge sheet further stated that Munyao, Mwikali, Gateri and Muthama stole another 560 bags of 50 kgs of prilled urea fertilizer an offence they allegedly committed on 22nd April 2023 at Syokimau area, on Mombasa Road.

The fertilizer was valued at Sh 3,080,000 and which was on transit from Mombasa to the National Cereals and Produce Board Fort Tenan depot.

The Court issued a warrant of arrest against Eric Kiarie Ng’ang’a after he failed to appear in court for plea taking.

The accused persons were released on a cash bail of Sh 200,000 each.

The case will be mentioned on June 12 for pre-trial.

DUO ACCUSED OF TRAFFICKING IN DRUGS HAVE A CASE TO ANSWER.

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Nassoro Salim Said and Elizabeth Njoki Wanjiru before court after court ruled they have a case to answer./PHOTO BY IRENE ONYANGO.

BY IRENE ONYANGO.

Two people accused of trafficking in heroin worth Sh11.7 million have a case to answer.

Nairobi Senior Principal Magistrate ruled that Nassoro Salim Said and Elizabeth Njoki Wanjiru have a case to answer and should be placed on their defence.

The duo was accused of trafficking in 3921.6 grams of heroin valued at Sh 11,764,800 on 2nd September 2016 at Mlolongo along Nairobi-Namanga road.

Njoki faced another charge together with Martin Paul Geoffrey of trafficking 1314.9 grams with a market value of Sh3,944,700 at Umoja III Estate in Nairobi.

The court, however, acquitted Paul after hearing both the prosecution and the defence evidence.

PASTOR EZEKIEL SEEKS AN ORDER QUASHING THREAT TO CANCEL HIS CHURCH’S REGISTERATION.

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Kilifi preacher Ezekiel Odero wih his lawyer Danstan Omari./PHOTO BY S.A.N.

BY SAM ALFAN.

Kilifi preacher Ezekiel Odero has moved to court seeking to quash a directive of the Registrar of Societies threatening to shut down his church.

Pastor Odero moved to court arguing that the Registrar had issued threats to shut down New Life Prayer Centre and Church.

He informed the court that the Registrar sent him a show cause letter on 27th April 2023 on why the registration certificate should not be cancelled upon expiry of 21 day notice.

The preacher further wants the court to compel Registrar of societies to forthwith and unconditionally avail to him the file of New Life Prayer Centre & Church for the purposes of filing his annual returns as stipulated by Section 30 of the Societies Act.

“Unless this court moves with celerity and arrests the impending illegality and injustices that are to be occasioned by Registrar, I shall suffer irreparable harm and his congregants’ freedom of religion shall be curtailed in contravention of Article 32 of the Constitution,” says Odero.

Through lawyer Danstan Omari, Pastor Odero wants the court to restrain the registrar of Societies or his agents from cancelling the registration of the church.

“There is imminent danger that Registrar of Societies might any time from now cancel the registration of Ezekiel’s church, the New Life Prayer Centre & Church notwithstanding the fact that the registrar served its letter dated 27 April 2023 on the Applicant on 25th May 2023, 8 days after the expiry of the 21-day notice contemplated by Registrar’s letter dated 27 April 2023,” he told the court.

Omari submitted that there is a well-orchestrated and malevolent scheme to have the registration of his New Life Prayer Centre & Church cancelled.

He says that despite his ceaseless attempts to communicate to the Registrar to get the church’s file from the registry for purposes of filing its annual returns, the office has failed, ignored, neglected or refused to avail the said file to the him.

Lawyer Omari told the court that appallingly, the Registrar issued a letter dated 13th April 2023 addressed to Ezekiel unequivocally informing him to file his annual returns from the years 2012 to 2022 despite refusing, neglecting or failing to avail Ezekiel’s file to him for the purpose of filing his annual returns.

He adds that no party shall be prejudiced if the orders sought herein are granted, the leave so allowed is directed by the Court to operate as a stay of Registrar’s directive to him to show cause why the registration of New Life Prayer Centre & Church should not be cancelled as communicated vide a letter dated the 27th April 2023 and served on the Applicant on 25 May 2023.