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LAW STUDENTS SUE OVER INDEFINITE POSTPONEMENT OF BAR EXAMS.

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BY SAM ALFAN.

Three law students have sued Council of Legal Education over postponement of Advocate Training Program Examination.

Aron Mango’ka, Daniel Okumu and Moses Maasai want the decision of the council to postpone the April 2021 Advocate Training Program examination scheduled April 13 to 23, 2021 suspended.

The decision was contained in a general notice no. 8 of 2021 and circulated through an advertisement in the local newspaper on April 10, 2021, postponing the examination indefinitely.

The students want the court to compel council of legal education to announce the dates that it shall administer the examination.

“A conservatory order be and hereby issued in the form of structural interdict compelling council of legal education to prepare and present to the court the modalities of conducting the ATP examination online in the event that they are unable to conduct the examination physically owing to the failure to obtain approval,” they urged the court.

Through their lawyer Danstan Omari, the three argue that they were aggrieved by the Council’s unilateral decision on account of failure to obtain authority to conduct examination from relevant agencies charged with management of the covid-19 pandemic.

According to the documents filed in court, the applicants and the bar candidates who registered in 2016, 2017, 2018 risked of being locked out from the advocates Training program by operation of law under regulation. 9(5) of the council of legal education (Kenya School of Law Regulation) 2009 that limits and advocate Training program to five years from the date of registration.

“Administration actions by public bodies should ensure certainty in the decisions to avert the off shooting of the settled principle of legal certainty in its decision postponing the examination indefinitely leaves the applicants and the bar candidates scheduled to resit, retake or reattempt the examination with anxiety and mental anguish,” they added.

The three argued that that the decision to postpone the examination for the second time is manifestly unlawful, unconstitutional causes unnecessary hardship to them in the guise of combating covid-19.

They said they have legitimate expectation to undertake the examinations next month based on the Council’s General notice 6 and 7 of 2021 communicated that council had set in place all mechanism and logistics to administer examinations to the candidates.

TWO IN FAKE KZF RECRUITMENT TO BE HELD FO SEVEN AYS.

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BY NT CORRESPONDENT.

The Directorate of criminal Investigation George Kinoti has been allowed to continue holding two fake Kenya Defence forces(KDF) officers over allegations of obtaining money of shillings from unsuspecting Kenyans.

Milimani senior principal magistrate Kenneth Cheriuyot allowed the DCI to detain Kenneth Jumbe Onsongo and Charles Kamau Kimani for seven days to enable police complete Investigations on alleged theft of money from innocent members of the public by giving them fake KDF recruitment papers.

The duo are alleged to have obtained money from innocent members of the public by giving them fake KDF recruitment papers.

In an affidavit filed in court by corporal Patrick Kibowen attached at DCI urged the court to detain the two suspects for a week to enable them assist in the ongoing probe in the matter.

The police revealed that the suspects are likely to be charged with forgery and obtaining money by false pretenses.

Kibowen told the court that he was apprehensive that the two suspects might flee, if released on bail.

He added that the two might also interfere with Investigations and he is yet to forward the documents to KDF headquarters for verification purposes.

The court heard that the fake recruitment appointment letters were recovered from the complainants who were arrested at the Nairobi bus terminus while preparing to travel to Recruit Training School (RTS) in Eldoret.

Police says that the two suspects have failed to refund the money they obtained from the complainants.

The arrest of the two suspects within Nairobi Central Business Center comes after three other suspects were arrested in Kasarani for represent themselves as military officers capable of recruiting aspiring candidates to join the Kenya Defense Forces (KDF).

Elisha Onyango, Derrick Nyakundi and Amos Mutuku were arrested on Monday last week  following complaints from members of the public.

Further, the police report says the suspects obtained Sh 350,000 from Mbabu John to have his son recruited into KDF and a fake recruitment letter to that effect was found in their possession.

POLITICIAN DAUGHTER AND BUSINESSMAN FACING RAPE AND SEXUAL EXPLOITATION CHARGES WANTS TO BE RELEASED ON BAIL.

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BY PHEOBE WANJOHI.

A businessman and daughter of a prominent politician who are facing rape and sexual exploitation charges have filed application seeking to be released on bail.

Under certificate of urgency, Abdirizak Adan Abdullahi and Faith Washiali Bwibo want the high court to admit them on reasonable bail or bond terms pending the hearing and determination of their criminal case before Kibera law courts.

The two accused persons who were denied bail on Friday are urging the court to release them on bail claiming that Senior Principal Magistrate Esther Boke erred in her ruling while she ordered them to remain in custody until key witnesses testify in the rape case.

According to the accused, there were no compelling reasons that would warrant them to be denied bail.

The accused persons argue that Prosecution will not suffer any prejudice if they are granted bail during the trial of their case.

They say that they were arrested on April 1, 2021, detained during the Easter holiday season only to be arraigned in court on Thursday evening last week.

They dismissed the Prosecution allegation that they are a flight risk claiming that they are Kenyans and their families leave in the country.

“It would therefore erratic for the Prosecution to assert that we are a flight risk without tendering any evidence to substantiate the claims and denying them bail pending trial. This in itself is an act of punishment before conviction wish is excessive and punitive,” says the two accused persons in their court papers

In her ruling, Magistrate Boke detained them in custody after agreeing with the prosecution’s objection to release them on bail.

The magistrate said the accused were facing serious charges and if granted bond, they are likely to intimidate witnesses. The court noted that Abdullahi is a licensed gun holder.

The two are accused that on March 2 this year at South C Mugoya Estate Estate in Langata Sub-county, Abdullahi intentionally and unlawfully raped the woman whose identity has been protected.

Bwibo is accused that on the same date and place, she unlawfully and knowingly transported for the purpose of sexual exploitation by means of the deception, the rape victim.

Abdullahi is facing an alternative charge of touching the victim’s body parts intentionally without her consent.

The businessman is further charged with willfully and unlawfully damaging an IPhone 8 worth KSh. 40, 000 belonging to the victim.

According to preliminary Investigations conducted by detectives it is alleged that Bwibo invited the girls for a party in South C Estate, only for them to be coerced into satisfying a male friend’s sexual needs.

Further, the Investigative agency says that on the day around 2pm, the complainant received a call from her friend Bwibo who invited her together with other friends at around 4pm.

The police say that the complainant received the call from the lady who requested her to take her to a certain place alongside her friends.

After some minutes they were ready and the complainant requested her to order an Uber which was to pick them up. The complainant then told them to go ahead of her because she needed to seek permission from her father.

The complainant joined them later and they proceeded to Carnivore grounds.

Bwibo then asked the complainant and her friend to take her to a place to see someone.

The person to be visited was Abdullahi and the complainant remembered how she occasionally heard Bwibo speaking to him.

She went to Coptic Hospital where she was treated after the ordeal and reported the matter to the police.

FAKE KPLC EMPLOYEE IN COURT OVER SH21.2 MILLION FRAUD.

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BY NNT CORRESPONDENT.

A fake Kenya power employee has been charged before a Nairobi court with obtaining over Sh 21 million by false pretenses.

Josephat Amish appeared before Milimani Chief Magistrate Martha Mutuku and denied the charges fraud.

Amish is accused that on diverse dates between January 6, 2016 to March 3 this year in Nairobi county with intent to defraud obtained Sh 21, 266,718 million from Francis Gachanja Mungai.

He pretended he was in position to help Gachanja sort out a case where he was charged with Kenya Power a fact he knew was false.

Amishi is also accused of impersonating as the employee of Kenya power.

He was released on a bond of Sh 5 million or cash bail Sh 3 million.

KMJA, LAWYERS WEIGH IN ON THE NEXT CJ.

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BY SAM ALFAN.

Kenya Judges and Magistrates association (KMJA) is expecting a chief Justice who will stand with judicial officers against external attacks.

In a statement by KMJA secretary General Derrick Kutto said judicial officers have been attacked through baseless and unfounded allegations by malicious litigants.

Kutto said that the most affected are magistrates and kadhis some of whom have been sacked or suspended by Chief Justice.

According to Kutto, the association has lost its members through pain and frustrations.

Former Kiambu Magistrate Bryan Khaemba resigned after Chief Justice David Maraga and Judicial Service Commission failed to reinstate him despite being ordered to do so by Employment and Labour Relations Court.

It is also more than a year since the court ordered the reinstatement of former Milimani Chief Magistrate Daniel Ochenja.

Kutto said the association expects a Chief Justice who will afford them a hearing before taking any drastic actions in case of complains.

He said JSC should not let the country down when recruiting the next CJ and the exercise should be above board.

“JSC should not let the nation down. The country needs a man or a woman who is not trimming. A person who shall defend the rule of law and the constitution, a charismatic person who will earn respect both locally and globally,” added SG Kutto.

He appreciated retired chief justice David Maraga whom he said he worked with dignity and honesty during his tenure despite many roadblocks mounted against him by the executive and parliament after nullification of 2017 presidential elections.

“KMJA stood with Maraga and Judiciary against executive that was determined to bully and bring down Judiciary,” he added.

He added that Judiciary was branded as the weakest link in the fight against corruption and names of individual judges and Magistrates were maligned and even Deputy chief justice Philomena Mwilu was arraigned under what Kutto termed as dubious charges.

A veteran lawyer speaking to NairobiTimez said that judicial officers should be defended only against unfounded accusations otherwise it is the duty of JSC to hold Judges and Magistrates accountable and to maintain high ethical standards.

He added that the next Chief Justice should pursue appointment of the 41 Judges.

“Time to give serious consideration for the other gender to head the third Arm of Government,” he added.

On his part, lawyer Gitobu Imanyarra said the country needs a CJ who is able to provide leadership to the entire Judiciary in defending the Constitution and resisting executive pressure.

Lawyer Cliff Ombetta said the Chief Justice can only protect judicial officers when and if they are doing their work within the perimeters of the law, and while discharging their duties lawfully.

“Anything out of that will be dereliction of the duties of a Chief Justice,” said Ombetta.

He added that if anything unlawful by judges and magistrates must be dealt with and objectively so as to maintain the dignity of the office.

On the kind of the CJ the country needs, Ombetta said he or she needs to be a wise one and a CJ who will not bullied by the executive.

“A wise one. Who is not bullied by the executive, and legislature and can be able to sort out any impasse that can arise out of such situations without being sentimental and a baby cry,” Ombetta added.

According to the city lawyer Waithaka Nguruiya, the country needs an intelligent chief Justice who is focused on delivering justice to common mwananchi.

He added that the next CJ should be loather of corruption, non-conformist to the chosen ways of the cartels within and without the judiciary.

WIN FOR ABSA AS COURT UPHOLDS FREEZING OF 98 VEHI3ALSO SOUGHT BY WATER AGENCY.

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BY SAM ALFAN.

Absa Kenya will keep nearly 100 vehicles purchased by Italian firm CMC Di Ravenna for the use in the construction of controversial Itare Dam in Nakuru county.

This is after Justice Francis Tuiyott gave the bank green-light to continue keeping the vehicle purchased by CMC Di Ravenna.

Justice Tuiyott dismissed a plea by a state corporation to overturn a consent filed in court in 2019, freezing the vehicles pending hearing and determination of a case filed by Absa.

The lender seeks to auction the cars to recover a loan of Sh585 million advanced to CMC Di Ravenna in 2017.

Court dismissed application seeking to enjoin Rift Valley Water Services Board (RVWSB) in the case saying he was not persuaded that the case cannot be resolved with or without the board’s participation.

The judge said the ownership of the vehicles was to vest in RVWSB only upon completion of the project, which is yet to happen.

“On the material before Court, and without further evidence or full argument, I am unable to say that the claim of breach of contract by RVWSB will prevail yet I cannot say it is trivial,” he said.

Justice Tuiyott said while the RVWSB may have an arguable case against CMC for breach of contract, it failed to demonstrate an arguable case that may surmount Absa’s interest.

“The Bank, as Plaintiff, is the owner of these proceedings, and pursuit of its claim against CMC should not be detracted by the claim by RVWSB which can be pressed in separate proceedings,” Justice Tuiyott said.

RVWSB had sought to join a case arguing that 17 of the vehicles belong to the board.
The board further said that a consent filed in court in 2029, freezing the vehicles was procured by way of fraud or mistake, and ought to be set aside.

The Board said it contracted the Italian Company to construct the dam in Kuresoi-Molo, in Nakuru County.

Documents filed in court state that it was agreed that they would purchase the 17 vehicles and spent Sh82.5 million.

The vehicles would be registered in the name of the Italian company but would be returned to the Board, once the project is completed.

The Board maintained that the vehicles do not belong to CMC Di Ravenna. Further, th board said the Italian company used the motor vehicles to secure a financing agreement with Absa in May 23, 2017, without their consent or knowledge.

On its part, Absa said the Italian company approached them in 2017 and 2018 for various financial facilities.

The facilities included Asset Financing, multi-option facilities (short-term loan/overdrafts) and working capital and bank guarantees.

The Bank said it loaned CMC di Ravenna Sh585 million for the purchase of 98 vehicles and equipment to be used in the dams project.

Directorate of Criminal Investigations had also targeted the vehicles but Absa objected saying the DCI was confusing Kimwarer dams in Elgeyo Marwakwet County and Itare dam.

Documents filed in court by DCI indicated that Sh160 million of the dams’ project money was paid to Toyota Kenya for 45 vehicles ranging from Prados, Fortuners, Corollas, Hiace vans and pick-up trucks.

But only 17 of the vehicles were registered to Italian firm CMC di Ravenna, the bankrupt Italian firm hired to construct the dams. 

LSK ALARMED BY INCREASING KILLING AS THE SOCIETY ASKS GOVERNMENT TO CURB INSECURITY.

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BY WEEKEND DESK. .

Law Society of Kenya has called on the government to take action over increased insecurity and murder cases in the country.

LSK through Chief Executive Officer Mercy Wambua, the Society demanded the Inspector General of Police Hillary Mutyambai and Director of Criminal Investigations (DCI) George Kinoti expedite investigations into the recent killings especially those of KBC journalist Betty Barasa and National Land Commission Communications Director Jennifer Wambua.

Wambua said lawyers are gravely saddened by the brazen threat to the security of Kenyans marked by the alarming spike in insecurity, mysterious disappearances, heinous and brutal murder of Kenyans witnessed in the recent past.

Additionally, the society asked the Government to ensure that security measures are enhanced especially during the Covid-19 Pandemic period when crime is likely to escalate.

“It is imperative that the Government puts in place a raft of measures including a fiscal plan to address the financial challenges facing Kenyans

The CEO urged the government to return the tax reliefs put in place in 2020 to cushion citizens, businesses and investments from the effects of the ongoing lockdown to contain the spread of coronavirus.

“The Law Society of Kenya condemns in the strongest terms possible the brutal murder of Kenya Broadcasting Corporation (K C) video editor Betty Barasa that is reported to have taken place on the night of Wednesday April 7, 2021”, said CEO Wambua.

It is reported that, the gruesome murder took place at 8.30pm at her home in Oloolua, Ngong area in Kajiado North in the presence of her family members including her children.

” The Society would like to pass sincere condolences to the family and friends of the late Betty Barasa”, she added.

CEO Wambua further added that the murder of KBC employee is just one of the many of such heinous acts of gangs of criminals that is leading to loss of lives of innocent Kenyans and puts to question the efficiency of the security measures put in place by the Government.

Other such cases include, the heinous killing of the National Land Commission Communications Director Jennifer Wambua that took place on or about March 27,
2021 whose investigations are still pending with no report of arrest of any suspect to-date.

LSK also said that the cases of abduction and extreme insecurity in the country continue to increase at an alarming rate.

Benson Njau Kayai, an advocate of the High Court of Kenya was kidnapped in broad daylight on February 7, 2021 and his whereabouts remain unknown and no suspect has been arrested to-date.

Kiambu court allowed the police to detain the key suspects in the murder Jennifer Wambua, for 14 days to allow them conclude their investigations.

Benjamin Saitoti Patel and David Sempuan will now assist detectives to unravel the murder of the former NLC Deputy Director of communication and state witnesses.

BUSINESSMAN CHARGED WITH RAPE, POLITICIAN DAUGHTER TO REMAIN IN CUSTODY UNTIL KEY WITNESSES TESTIFIES, COURT RULES.

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BY PHOEBE WANJOHI.

A Kibera court has ordered city contractor and a daughter of a prominent politician who are facing rape and sexual trafficking charges to remain in custody until key witnesses testify in the case.

Senior Principal Magistrate Esther Boke dismissed application by Abdirizak Adan Abdullahi and Faith Washiali Bwibo and ordered them to remain in custody.

In her ruling, the Magistrate agreed with the prosecution’s objection to release the accused persons on bail.

The magistrate said the accused were facing serious charges and if granted bond, they are likely to intimidate witnesses. The court noted that Abdullahi is a licensed gun holder.

The two are accused that on March 2 this year at South C Mugoya Estate Estate in Langata Sub-county, Abdullahi intentionally and unlawfully raped the woman whose identity has been protected.

Bwibo is accused that on the same date and place, she unlawfully and knowingly transported for the purpose of sexual exploitation by means of the deception, the rape victim.

The denied the charges.

Abdullahi is facing an alternative charge of touching the victim’s body parts intentionally without her consent.

Abdullahi is further charged with willfully and unlawfully damaging an IPhone 8 worth Sh40, 000 belonging to the victim.

It is alleged that Bwibo invited the girls for a party in South C Estate, only for them to be coerced into satisfying a male friend’s sexual needs.

The prosecution says that on the day around 2pm, the complainant received a call from her friend Bwibo who invited her together with other friends at around 4pm.

The police say the complainant received the call from the lady who requested her to take her to a certain place alongside her friends.

After some minutes they were ready and the complainant requested her to order an Uber which was to pick them up.The complainant then told them to go ahead of her because she needed to seek permission from her father.

The complainant joined them later and they proceeded to Carnivore grounds.

Bwibo then asked the complainant and her friend to take her to a place to see someone.

The person to be visited was Abdullahi and the complainant remembered how she occasionally heard Bwibo speaking to him.

She went to Coptic Hospital where she treated after the ordeal and reported the matter to the police.

SOUTH AFRICAN CHARGED WITH FALSELY OBTAINING MONEY IN FAKE GOLD DEAL.

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BY NT CORRESPONDENT.

A South African national who was arrested at Jomo Kenyatta International Airport has been charged with obtaining money by false pretenses.

Tshepang Godfrey Sidumo was arrested as he was about to leave the country after obtaining over Sh20 million from a Kenyan businessman.

Sidumo alias Omari appeared before Milimani Chief Magistrate Martha Mutuku and denied obtaining Sh10,725,000 from businessman Nashwan Kamal.

Sidumo is accused of obtainimg the money by falsely pretending he was in position to sell Kamal 40 kilograms of gold, a fact he knew was false.

He was denied bail and detained until Tuesday next week.

This after the prosecution informed the court the accused was facing another case before a city court.

According to the DCI, Sidumo was in the company of two others and had earlier been arrested at Deed Company LTD along Gatanga Road, but he absconded court prompting a warrant of arrest to be issued against him.

TWO CHARGED WITH FORGING SHARES TRANSFER FORMS OF SECURITY COMPANY.

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BY NT CORRESPONDENT.

Two people have been charged before a Nairobi court with forging of minutes and shares transfer forms of Group Seven Security company.

Willykster Ndanu Mwendwa and Patric Juma Kingoro appeared before Milimani Chief Magistrate Martha Mutuku and pleaded not guilty to the forgery charges levelled against them by the state.

The court heard that the duo forged the minutes of the said company purporting them to be genuine and valid minutes of a meeting held on August 24, 2017, signed by Abdi Sahal as the chairperson, a fact they knew to be false.

The two are alleged to have committed the offence on unknown dates and place in Kenya jointly with others not before court, with intent to defraud the firm.

Mwendwa and Kingoro are also charged with forging forms of transfer of shares purporting it to be a valid and genuine form signed by Hussein Hassan Ali, a director of Group Seven Security Company, transferring 50 shares to Kingoro commissioned by Daniel Muiruri advocates dated March 24, 2017.

They are also charged with forging another transfer form purporting to be signed by Abdi Sahal Ali, also a director of the said company,transferring 50 shares to Mwendwa, a fact they knew to be false

Mwendwa and Kingoro are further charged with forging affidavits of the said directors and several other counts of uttering false documents at the registrar of companies in Nairobi.

The magistrate order the two to be released on a bond of Sh 500,000 and alternative cash bail of Sh 200,000.