Blog Page 217

EQUITY BANK MANAGER CHARGED WITH 47 MILLION ROBBERY.

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Moyale Equity Bank Operations Manager Roba Boru Diba before Milimani Court where he pleaded not guilty to robbery with violence charges on Wednesday October 2,2019./PHOTO BY S.A.N.

BY SAM ALFAN.

Moyale Equity Bank Operations Manager has been arraigned before a Nairobi court and charged with robbery with violence.

Roba Boru Diba appeared before Milimani Principal Magistrate Kennedy Cheruiyot and denied the charge of violently robbing Sh 47 million the property of Equity Bank Moyale branch.

He also face a second count that on September 11, 2019 at ODDA Airstrip in Moyale jointly with others not before court while armed with pistol robbed Sh 47 million from Nelson Kipngetich Langat of Wells Fargo limited.

Kipngetich was escorting the said cash property of Equity Bank and immediately before or after the time of such robbery threatened to shoot the said him.

He was released on a cash bail of 1.5 million and alternative bond of 2 million.

The criminal case will be heard on November 4, 2019.

Earlier the court detained Boru and Kipngetich a Wells security company officer for 10 days to allow police complete investigations over disappearance of Sh 42 million from the lender.

However , the security guard is now a state witness.

They were detained after officers attached to the Special Crimes Prevention Unit filed an application seeking to detain the two for 21 days.

They were escorted to the DCI headquarters in Nairobi upon fresh evidence indicating that they were linked to the disappearance of Sh42 million from Equity Bank, Moyale branch.

The police told the court the investigation have commenced to trace the entire group of persons involved and recovery of the Sh 42 million. The court heard that there was compelling reasons to detain the accused in custody.

In their affidavit, the officer said upon arrival at the ODDA- Airstrip Moyale, it is alleged that three men armed persons emerged and moved the consignment containing the money in question while using motorbikes ordering all of them to lie down.

Preliminary investigations reveal that the two were aware of the regulations and security standards to be governed to have directed the pilot not to land at the ODDA-Airstrip Moyale at the material time noting that no proper security measures had been put in place.

Forensic investigation and analysis is ongoing to enable the DCI officers to trace where the money is and connect all the persons involved and if the suspects be released they will interfere with investigations especially the tracing of the money.

“There is a high likelihood of the Roba Diba Boru and Langat Kipngetich Nelson interfering and intimidating the key probable witnesses if released before we secure all the evidence and the consequences arising thereafter will be so severe as it will be too late to salvage the situation and therefore justifiable to subject them to continued detention,” the affidavit stated.

PS KIBICHO BARRED FROM ADVERTISING TENDER FOR LEASING OF VEHICLES BY GOVERNMENT.

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Ministry of Interior Principal Secretary Karanja Kabicho before high Court on Wednesday October 2, 2019./PHOTO BY S.A.N.

BY SAM ALFAN.

CMC Motiors Group limited has obtained orders barring Interior Principal Secretary Karanja Kabicho from advertising or awarding tender for leasing of motor vehicles from local assemblers.

Justice John Mativo declared that the company’s rights and legitimate expectation for the award of tender for Phase V under No. MICNG/SDI/008/2018-2019 for leasing motor vehicles was breached by PS.

“An order of prohibition is issued to the interested party (Interior Principal Secretary and CMC Motors Group Limited) from advertising, inviting, accepting, evaluating bids and awarding contracts for the tender No. MICNG/SDI/004/2019-202 for leasing of motor vehicles from local assemblers”, ordered Mativo.

The court also suspended the decision and orders of the Interior Ministry in Public Procurement Administrative Review application No. 99 of 2019 delivered on September 18, 2019 for 14 days.

The court also suspended the retender, acceptance, evaluation or award of the said tender for two weeks.

In the court documents, the company said Public Procurement Administrative Review decision dismissed the application for review and found that the Interior Ministry and CMC Motors Group led to termination of tender on the ground that the prices quoted were higher than the market prices was valid.

Through their lawyer Migos Ogamba, the company told the court that PS has already re-advertised the tender through restricted tendering before the expiry of 14 days as provided by section 175 of the Public Procurement and Asset Disposal Act 2015.

“In arriving at the decision dismissing the application for review and rendering the Interior Ministry termination of the tender, the public Procurement administrative Board did not take into account relevant consideration CMC Group Motors Limited,” reads part of the application.

CMC Motors said the board acted unreasonably in arriving at the decision as it did not direct itself properly in law and failed to call to its attention matters that it was bound to consider before and while making its determination.

“The respondent’s failed to call to its attention that leasing of motor vehicles phase II and leasing of motor vehicles phase v were mutually exclusive tenders and contracts with their own unique set of requirements,” the company argued.

The company further added that the board failed to call to its attention that LOT 7 (heavy duty , utility passenger vehicle , 4×4 , L.W.B , 2001-3000cc, petrol) was not in motor vehicle leasing program phase II but was introduced in motor vehicle leasing program phase V and as such there was obviously going to be a difference in total leasing price between the two.

The company accused the board of failing to take into account the issues raised such as there was no proper actuarial price matrix that took into account all parameters of the lease program which issues the board was bound by the law to consider.

The company stated that the board failed to take into consideration that there was no proper actuarial price matrix that took into account various parameters in motor vehicle leasing program such as motor vehicle specifications, insurance, driver training service centres, vehicle replacements and out of contract prices and the decision is unreasonable.

 

BLOW TO OLOO AS COURT DECLINES TO STOP PROSECUTION.

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Embattled Kisumu County Assembly speaker Onyango Oloo before a Nairobi Anti-Corruption Magistrate Court where he is facing charge's./PHOTO BY S.A.N.

BY SAM ALFAN.

Embattled Kisumu County Assembly speaker Onyango Oloo has suffered another major blow after the Anti-corruption Court dismissed an application seeking to stop his prosecution.

Oloo termed his prosecution unconstitutional, overbroad and unreasonable because a search and seizure conducted Ethics and Anti-Corruption Commission at his home and offices, were illegal.

Justice Mumbi Ngugi, however, ruled that it was difficult to make finding that his rights were violated given that the provisions require that the orders sought are applied ex-parte.

“My findings above is that I find no merit in the application before me. It is hereby dismissed,” the Judge ruled.

The judge observed that no evidence or submissions were placed before court and she was unable to make a finding his right to a hearing contained in Article 50, as alleged has been violated.

Judge Mumbi further observed that at the stage of investigation and issuance of search warrants under section 128 and 118A of the Criminal Procedure Code (CPC) and without demonstration by Oloo of the alleged violation of constitutional rights, it was difficult to make a finding on the alleged violation.

Oloo petitioned the High Court seeking to block the EACC together with the Director of Public Prosecutions, from prosecution him over graft allegations.

In the application, Oloo through senior counsel James Orengo sought the court to prohibit future searches and seizures by the EACC, without order granted by the High Court and without giving him a hearing.

“I urge the court to stop my prosecution based on the search and seizure orders made by a subordinate court or recommendations by EACC to DPP,” says Oloo.

Further, the speaker wanted the High Court to issue orders requiring the commission to return all documents including cheque books, log books, reports, title documents, equipment, firearms, ammunition and various articles seized from his residences in Syokimau, Machakos County and Mamboleo in Kisumu on June 4, 2019.

This is after EACC on May 29 this year obtained orders from Milimani Chief Magistrate Courts for search and seizure warrant against Onyango Oloo.

“My right of privacy was infringed by the commission when they searched my houses or property and going ahead to seize information relating to my family or private affair and the privacy of my communications or correspondence’, says the speaker.

EACC is said to be investigating Oloo over the loss of millions of shillings used for the construction of Kisumu Lake Basin Development Authority mall.

He says that he is not aware of the ongoing investigations being conducted against him and has not been afforded the right or opportunity to confront the allegations against him.

Oloo adds that the magistrate court irrationally and unreasonably gave an in permissibly overboard authorization of search and seizure with a single sweeping blanket warrant that enabled the commission to carry out simultaneous and multiple areas of search and seizure.

“The warrant did not properly limit and confine the scope of the search and in essence it did not set a boundary to what could be seized”, reads the court papers.

He claim lack of limiting language in the warrant created a room for abuse and over reach particularly when the offence or crime prompting the investigations and the need for search and seizure and focus of the search were not set out or disclosed.

He further says that the commission has disobeyed the orders of the subordinate court by not returning with promptitude the warrant together with an endorsement certifying what the commission has done under the warrant upon execution and giving a full account and inventory of what was seized to the court.

In a supporting affidavit, Oloo says that on June 4, 2019 EACC officers and police raided his Syokimau residence at 5am and carried out an extensive search in his house and compound and seized several document.

An inventory was prepared at about 11 am in the morning and was signed various persons including his son, cousin and EACC officers who seized the documents.

SUSPENDED MAGISTRATE WANTS CJ, JSC HELD CONTEMPT OF COURT FOR NOT REINSTATING HIM.

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Kiambu Senior Principal Magistrate Bryan Khaemba with Judges and Magistrate Association Secretary General Derrick Kutto on Friday August 30,2019. PHOTO BY S.A.N.

BY SAM ALFAN.

Suspended Kiambu Senior Principal Magistrate Bryan Khaemba now wants Chief Justice David Maraga cited for contempt after failing to reinstate him some 33 days after he won a case quashing his suspension.

Employment and Labour Relations Court found CJ’s and Judicial Service Commission’s decision to suspend Khaemba was unlawful and declared the decision as null and void. “The suspension was unlawful and unfair”, ruled the judge.

In a petition filed under certificate of urgency, Khaemba told the court that Justice Maraga, JSC and its officers are guilty of disobedience of orders issued by Justice Bryam Ongaya on August 30.

He said they were directed to immediately reinstate him and release his withheld payment in full. He said the CJ has disobeyed the same orders he has urged Kenyans and government to respect regardless of whether they are on their favour or not.

The magistrate said on February 7, 2018, Justice Maraga issued a press statement titled STATEMENT ON FAILURE TO COMPLY WITH COURT ORDERS.

In his statement, he said there have been worrying developments in the administration of justice that threatens the rule of law. “The recent disregard of court orders is an act that is not only inimical to the rule of law but is also completely at odds with Kenya’s constitutional outlook,” Justice Maraga said.

The CJ then assured the country that the judiciary will continue to dispense its constitutional duty with independence, authority and they will ensure that rule of law, justice, good governance and equality before the law are entrenched through our courts.

In the petition, Khaemba said the court has been and continues to be exposed to ridicule, disrepute and it is in the interest of justice and for the purpose of upholding the dignity of the court JSC and CJ should be punished for the contempt court.

“The respondent are hell-bent on sanitising their noncompliance and circumventing the court judgment and orders by seeking refuge in the appellate court discretionary authority,” he said.

The magistrate said that CJ Maraga and JSC deliberate inaction and failure to obey the court judgment is a calculated effort to visit pecuniary embarrassment upon him as a judicial officer of rank of Principal Magistrate.

He said it will further expose him to loss of his rank and status contrary to the express and unambiguous pronouncement of the court.

“Unless an order is made and both CJ, JSC and their officers punished for their utter contempt and complete disregard of the court order made on August 30,2019, they will persist with their acts or omission thus lowering the dignity of the court and subject it to public odium and ridicule”, said Khaemba.

Khaemba added that the CJ should be answerable for their actions, omissions and be compelled to obey court orders by punishing them.

“The respondent and its officer were duly served with the orders but in blatant breach and arrogance ignored the authority and dignity of the court and have neither reinstated me to my work nor have they remitted the emoluments previously withheld from him, despite existence of the court order,” he said.

Magistrate Khaemba further adds the CJ and JSC has filed an appeal seeking to stay the execution against the judgement of the court in the court of appeal and therefore there is indication that they are not keen to comply with the court decision.

In his judgement, Justice Ongaya said Maraga’s decision was in contravention of Articles 41,47(I) and 236 of the constitution and infringed Khaemba’s fundamental rights.

He then quashed the decision by the Chief Justice contained on the letter issued on June 13,2019 suspending Khaemba after he granted Kiambu Governor Ferdinand Waititu anticipatory of Kshs. 500,000, pending his prosecution.

The court also issued a permanent injunction prohibiting JSC and the CJ from implementing the decision contained in the letter and from taking any adverse against Khaemba pursuant to the said decision.

Khaemba will be paid all his salaries, allowances and given all other due contractual and statutory benefits withheld throughout the suspension period.

“Khaemba to continue in employment without loss of rank, status, all attached benefits and the JSC and CJ to pay him due some of money by November 11,2019 failing interest at Court rates to be payable from the date of this judgement till full payment and further to report to the JSC,CJ not later than September 9,2019 for appropriate deployment and assignment”, ordered judge Ongaya.

COURT DECLINES TO STOP TRIAL OF MP GAKUYA AND 10 OTHERS.

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Embakasi North MP James Mwangi Gakuya pleading with the court to give him at least a week to get services of a new lawyer after his lawyer Danstan Omari together with other lawyers disqualified themselves from the case after the trial magistrate Elizabeth Juma declined to adjourn the matter pending the outcome of an appeal in the High Court./PHOTO BY S.A.N.

BY SAM ALFAN.

Embakasi North MP James Mwangi Gakuya and 10 others facing charges grafts charges relating to Sh40 million CDF project in his constituency have suffered a major blow after a judge declined to stop the trial after they were deserted by their lawyers.

High Court Judge Mumbi Ngugi dismissed the application saying it has no merit and she had no reason to interfere with trial court decision. “I therefore decline to exercise powers of revision in respect to the said ruling. Similarly, I find no basis for interfering with the decision of the trial court as no error of law or fact has been established,” ruled Mumbi.

Judge Mumbi ruled that the application no has been laid to revise the orders of the trial court.

Justice  Mumbi Ngugi while declining  to stay the proceedings before the trial court said that documents sought by the accused person was not important at the this stage to warrant the orders.

“I have the considered the application by defense and I don’t think the documents sought are important to the defense at this stage and I hereby decline to grant the sought pleas to stay the proceedings before the trial court pending hearing and determination of the application,” ruled Judge Ngugi.

This means that the trial of the case which was scheduled today will have proceed before the lower court for full hearing.

However, the trial did not proceed after it emerged that the MP is admitted bin hospital.

The accused persons filed application in the High Court seeking to review trial magistrate Elizabeth Juma’s decision that dismissed their application seeking to be supplied with investigation diary, Investigation report and copy of occurrence report book by the prosecution.

Prosecution vehemently opposed the application saying they were not ready to proceed with applications by the defence since they were not served with the ruling the accused are seeking the court to revise nor did they have opportunity to peruse the proceedings regarding the matter.

However Justice Mumbi Ngugi directed the matter to be heard on July 10 for further directions.

Last week on Tuesday the hearing of the case hit a snag after their lawyers disqualified themselves.

Gakuya’s Lawyer Danstan Omari are among the advocates recused themselves from the case after the trial magistrate declined to adjourn the matter pending the outcome of an appeal in the High Court.

Other lawyers who recused themselves are Kiraithe Wandugi, Philip Magal, Professor Wajakoya, Duncan Okatch, Shadrack Wambui and Stanley Kangahi.

Further the MP and his co-accused failed to bow to magistrate pressure to proceed with their graft case without being represented by their advocates who all withdrew from acting for them.

Gakuya through Lawyer Omari had informed the trial magistrate they had appealed her ruling delivered on June 17,2019 and the matter is coming up for hearing on Tuesday next and there was a need for adjournment pending the outcome.

COUPLE ARRESTED OVER SH 72 MILLION BANK HEIST CHARGED.

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Police Corporal Simon Gichui Kariuki and APC Caroline Njeri Waithera before Milimani magistrate court Nairobi on Monday September 30,2019./PHOTO BY S.A.N.

BY NT CORRESPONDENT.

A police couple arrested in connection with Sh 72 million G4S Heist at Nairobi west have been charged with robbery with violence.

Police Corporal Simon Gichui Kariuki and APC Caroline Njeri Waithera appeared before Milimani chief Magistrate Martha Mutuku pleaded not guilty to the charges levelled against them by the state.

It is alleged that on September 5, 2019 at Nairobi West Shopping Centre in Langata the couple while armed with dangerous weapons namely firearms jointly with others not before court robbed G4S staff Sh 74 million 38 cassettes, 13 purge bins and 13 canvas bags all totalling to Sh 75.9 million and at or immediately before or after the said robbery threatened to use actual violence to the said G4S staff.

The duo also faced a second count of have Malicious damage to property and also conspiracy to commit a felony.

The matter will be mentioned on October 9 for consolidation.

JUDGE DIFFERS WITH APPELLATE COURT ON SEARCH WARRANT IN GRAFT CASES.

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Bobasi Member of Parliament Innocent Momanyi Obiri with Kisumu County Assembly Speaker Onyango Oloo before Milimani Anti-Corruption Magistrate Court in Nairobi./PHOTO BY S.A.N.

BY SAM ALFAN.

Bobasi Member of Parliament Innocent Momanyi Obiri has suffered a blow after a judge declined to stop his graft trial after complaining that evidence against him was obtained illegally.

Justice Mumbi Ngugi in a ruling, differed with a decision of the Court of Appeal stating that going that route will stall investigations of any offences, more so, economic crimes.

The MP, who is facing graft charges in the Sh4.1 billion loss at Lake Basin Development Authority, accused Ethics and Anti-Corruption Commission of obtaining search warrants illegally.

Judge Ngugi dismissed the MP’s application saying the warrant and investigation in her view were proper and there was no requirement for notice to Momanyi before EACC applied for warrant.

“My finding and conclusions above application before me is without merit and is hereby dismissed and no basis were laid to revise the orders of the magistrate court and I decline to do so”, ruled Mumbi.

However, he said the accused was at liberty to approach the court that issued the warrant as provided under the criminal procedure code.

The judge said he was not persuaded that court of in Director of Public Prosecution and Tom Ojiendo t/a Prof Tom Ojienda & Associates advocates & 3 others had this in contemplation when it made its decision.

“In my view, the decision of court of appeal was limited to the provisions of ACECA and it cannot be read and extended to the provisions of sections 118-121 of the criminal code. To hold otherwise would be to deal death blow to investigation of any offence, not economic crimes in Kenya,” observed Mumbi.

Momanyi filed application before High Court Anti-corruption court seeking to review orders issued by the magistrate for a blanket search and seizure orders.

The charged MP also sought pending hearing and determination of the application, an order issued on June 3, against him be set aside. He also court to issue orders prohibiting future searches and seizures by EACC that are prejudicial to his constitutional rights.

He applied for the court to call for the record in Nairobi Chief Magistrate Miscellaneous application No. 2336 of 2019 for examination purpose to satisfy itself as to the correctness legality and propriety of the orders issued on June 3, 2019.

The MP is charged alongside Kisumu County Assembly Speaker Onyango Oloo, former Lake Basin Development Authority (LBDA) Managing Director Peter Anguko Abuok and pleaded not guilty to Ksh.4.1 billion graft charges.

Oloo was freed on a cash bail of Ksh.6 million while Abuok and Momanyi were each released on Ksh.10 million cash bail.

The accused persons were charged with offences of engaging in a project without prior planning, willful failure to comply with the law relating to procurement as well as abuse of office among other charges.

Oloo and Abuok were, in one of the charges, alleged to have unlawfully changed a title deed belonging to LBDA for Ksh.1.2 billion in respect to the authority’s Lower Kanyakwar Phase 1 project without the approval of National Treasury Cabinet Secretary.

CONTROVERSIAL BUSINESSMAN STEPHEN ODUK CHARGED.

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Controversial businessman Stephen Mark Oduk before a Milimani Magistrate Court on Friday September 27,2019./PHOTO BY S.A.N.

BY SAM ALFAN.

Controversial businessman Stephen Mark Oduk has been charged with being in possession of fake 100 US dollars.

Oduk appeared before Milimani chief Magistrate Francis Andayi and pleaded not guilty to two count of being in possession of me money and preparation to commit a felony.

The accused person is alleged to have committed the offence on September 25,2019 at Plan 254 restaurant along Nyangumi road in Kilimani,Nairobi county.

The flamboyant businessman is accused of being in possession of 1,000,000 papers intended to resemble and pass as special papers such as provided and used in making currency of united states 100 dollar bill.

He is facing the second count of possessing the said papers,intended to resemble and pass as special papers such as provided and used in making currency of united states 100 dollar bill in circumstances indicated that he was intending to commit a felony of cheating.

Through his lawyer Cliff Ombeta he urged the to release him on a linient cash bail of Sh. 100,000.

However, the Magistrate released him on a bond of Sh 1 million or an alternative cash bail of Sh. 500,000.

The case has been set for a mention on October 7,2019 and the hearing on October 30,2019.

Oduk was arrested after police stormed a popular club in Kilimani, Nairobi and seized fake 1 million US dollars and 147 fake gold bars.

The officers from the Directorate of Criminal Investigations also arrested the owner of Plan 254 Club Steve Oduk in the Wednesday night operation.

OWNER OF THIKA-BASED DISTILLERY PLEADS FOR RE-OPENING OF FACTORY.

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Embattled billionaire Humphrey Kariuki before a Nairobi Court./PHOTO BY S.A.N.

BY SAM ALFAN.

Billionaire Humphrey Kariuki has asked the court to order the opening of his Thika based company saying hundreds of workers are suffering.

Through lawyer Cecil Miller, the court heard that the fate of over 500 employees hangs in the balance following closure of the factory.

African Spirits Limited has also asked the court to allow them access to the cash in the closed factory which should be handed back to the Central Bank of Kenya in line with the order to recall Sh1,000 currency notes, before the September 30 deadline.

Yesterday Miller told Francis Andayi that he wants evidence taken at the factory on Friday after which it will be handed over to the owners.

He argued that the firm alongside WOW Beverages used to remit Sh150 million every month to the taxman and its ironical that they are unable to remit the same yet its shareholders are in court over tax matters.

“Since the prosecution had rushed to charge Kariuki and his co-accuses, they should be equally quick to prosecute the case,” said Miller.

The lawyer added that given the scenario, the taxman has lost 1.2 billion in revenue so far from African Spirits Limited and WOW Beverages.

He said there was concern over machinery at the factory and products stored there He also raised the issue of a death that occurred in the premises which he said they wanted the DPP to explain.

He said the DPP should table a post mortem report in court to state what caused the death since the owners of the factory have not had access for over six months.

NOTHING STOPS ME FROM REPRESENTING KCCA IN SUIT AGAINST WESTON HOTEL, ORENGO TELLS COURT.

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Senior Counsel James Orengo who has said he has right of representing Kenya Civil Aviation Authority in a dispute involving the land on which Weston Hotel stands.

BY SAM ALFAN.

Senior Counsel James Orengo has the right of representing Kenya Civil Aviation Authority in a dispute involving the land on which Weston Hotel stands.

While responding to application by Senior Counsel Ahmednasir Abdullahi, who wants Orengo stopped from acting for KCAA, the Siaya Senator said he is only engaged as one of the lead advocates.

Senior Counsel Orengo argued that every litigant has a constitutional right to representation by an advocate of choice as an integral part of the right to fair hearing and attempt to bar him or any other advocate is an attempt at interfering with the KCAA’s right to an Advocate of choice as an aspect of fair hearing.

“The questions of disqualification and procurement are irrelevant. In any event, the question relating to how a Client litigant procures his advocate of choice is not for this Environment and Land Court to determine, but by the Public Procurement Administrative Review Board”, said Orengo SC.

He added that Weston Hotel cannot be allowed to determine for KCAA which lawyer to represent the agency. He added that serving in the Senate does not bar him from representing a party in court.

“The fact that I am a Senate Majority Leader does not introduce any issue of conflict of interest. In any event, the Senate Minority Leader does not oversight parastatals such as KCAA,” added Orengo.

SC Orengo said there can be no conflict of interest or bar against him in seeking to assist a public body to regain public land improperly appropriated against the law and Weston Hotel application demonstrates its legitimate fear and apprehension on the capacity and capabilities of the Petitioner’s advocates which fear cannot be allowed to supersede the Petitioner’s right to counsel of choice.

He further said ODM party is not a party in the proceedings, nor to the best of their knowledge is Weston Hotel a political party or aspirant.

“We however note and welcome the insinuation and the association implied between Weston Hotel and some political actors which caused the irregular acquisition of the land in issue as contended in the Petition,” he said.

He said the application Weston is merely intended to introduce sideshows and prolong proceedings so as to avoid addressing the issues within the Petition on merit.

“It cannot lie for Ahmednassir, SC to raise such objection when, throughout his own term as a state officer serving in the Judicial Service Commission, he practiced in courts for the entire duration without any restriction,” added Orengo.

Ahmednassir for Weston Hotel filed application seeking Siaya Senator James Orengo stopped representing Kenya Civil Aviation Authority in a dispute involving the land on which Weston Hotel stands.

In an application filed in court, Ahmednassir argued that Orengo, who previously served as Lands minister during retired President Mwai Kibaki’s administration, should be disqualified from representing the State agency on the basis of conflict of interest.

In an urgent application that was filed before the Environmental and Land Court, Ahmednassir further said the Siaya Senator has no instructions to act on behalf of KCAA.

He said Orengo’s role in this Weston Hotel matter is purely political mischief making , solely intended to muddle the issues in contest for a temporal political nuisance.

Ahmednasir further told the court that , Orengo has come into the matter to gain political capital for his principal in the Orange Democratic Movement (ODM) party with a view to scandalise and vex Weston Hotel.

He added that the veteran lawyer was not in the panel of advocates appointed to represent the agency. Ahmednassir further said Orengo, in his capacity as the Leader of Minority in the Senate, is a State officer prohibited from undertaking any other gainful employment.

“A leader of the Senate acting or prosecuting cases before the Judiciary is a clear breach of separation of powers and a threat to the independence of Judiciary and his presence in this case violates the code of conduct that regulates behavior of State officers,” Ahmednassir said.