Blog Page 219




Lawyer Apollo Mboya for 36 students earlier expelled from Chuka University.


The High Court has gone against a university, reinstating 36 students earlier expelled from Chuka University.

The court says that they should be allowed to return to school and continue with their studies.

Justice Weldon Korir, said the decision to expel the students was unlawful, saying that the students ought to have been given an opportunity to defend themselves.

The court had allowed the students to challenge their expulsion following violent unrest stemming from chaotic elections held on January 29.

They were aggrieved by the decision made by Chuka University Senate on April 15 to send them home after the university administration conducted disciplinary hearings between March 21 and 24.

“The decision by the university and the Senate to expel the students was malicious, unlawful, oppressive and in total breach of natural justice and the rules and regulations of the university,” the complainants, through lawyer Apollo Mboya, told the court

Mr Mboya said the university disciplinary committee that recommended the expulsion was not fully and properly constituted and did not accord the students fair administrative action. Further, he claimed the expulsion had disrupted the academic life of the students, who missed crucial lectures and final examinations.

However, lawyer Mboya confirmed that the State, on April 13, terminated another criminal case against 18 students who had been charged before a Chuka Magistrate’s court with taking part in an unlawful assembly.

Kennedy Omondi Waringa, who vied for the chairmanship of the Chuka University Students Association (CUSA) during the elections, claimed his supporters were punished with expulsion after holding a demonstration to protest the glaring irregularities that marred the polls.

“The constitutional rights of the students will be violated and the ends of justice will be defeated if they are not allowed to continue with their education,” he said in a sworn statement.

The students are also seeking orders compelling the university administration to organize and administer special lectures to all First to Fourth Year under-graduate students who missed classes during the unrest. They want all pending disciplinary appeals heard and determined expeditiously.




Kiambu Senator Paul Wamatangi with his lawyer Kibe Muigai outside Milimani law courts on Monday May 92016.


The Commission on Revenue Allocation (CRA) has opposed a petition filed by Kiambu Senator Paul Wamatangi challenging the formula for allocating funds to 47 Counties.

CRA says that the suit by the senator is an abuse of the court process and should be struck out.

Through its Chief Executive Officer George Ooko, the commission says the law is very clear on the role of each arm of government and the courts can only interfere when there is blatant breach of the law.

CEO Ooko said CRA had already made its recommendations and submitted to the Senate as required and now it’s up to the Senate to take up the recommendations and by a resolution determine the basis for allocating monies among the counties.

On March 14, Ooko said, CRA submitted its recommendations to the Senate and what happens thereafter is completely under the control of the Senate with the commission having no control whatsoever in the acceptance, rejection and modification of the same.

“CRA has followed the law and the petitioner has not shown how his rights have been breached or how the commission has failed to consider public interest”

The Kiambu Senator moved to court last week faulting the formula used in sharing out revenue saying it was not based on the realities on the ground.

The Senator accuses CRA of failing to make the necessary recommendations as required by the constitution.

Senator Wamatangi further alleges that the failure has made the Senate usurp the commission’s mandate.

Senator Wamatangi had suggested that highly populated counties be given more money but the House did not support his stand.

The Senator now wants the National Government barred from disbursing any revenue to counties until the case is heard and determined.





Interior Principal Secretary. Dr. Karanja Kibicho.

The government of Kenya has stopped shouldering refugees from countries torn by war, insecurity, drought and famine.

It says that hosting the refugees has continued to wear down the country with “very heavy economic, security and environmental burdens on behalf of the region” which should be a collective obligation with the international community.

Kenya plays host to over 600, 000 refugees mainly in Dadaab and Kakuma camps. Some of the refugees have been living in the country for almost quarter of a century.

“Due to the immense security challenges such as threat of Al Shabaab and other related terror groups that hosting of refugees has continued to pose to Kenya and due to the slow nature of their repatriation, the government of Kenya has been forced by circumstances to reconsider the whole issue of hosting refugees and the process of repatriation,” Kenya says.

Efforts to address the issue of repatriation of refugees from Somalia culminated in a Tripartitte Agreement signed between the government of Kenya, Federal republic of Somalia and the United Nations High Commission for Refugees, UNHCR.

The agreement, Kenya says laid grounds for repatriation and eventual closure of all refugee camps.

Under the circumstances, Interior PS Karanja Kibicho notified that Kenya having taken into consideration its national security interests, has decided that hosting of refugees has come to an end.

He said that the government acknowledges that the decision to close these camps will have adverse effects on the lives of refugees and therefore the international community must collectively take responsibility on humanitarian needs that will arise out of the action.

As a consequence, the government also disbanded the Department of Refugees Affairs (DAR) as a first step. Further the government is working on mechanism for closure of the two refugee camps Dadaab and Kakuma within the shortest time possible, he said.

Mr Kibicho also called on the international community to support the initiative so that the process of closing of the camps can be expedited while at the same time minimizing pain and suffering of the refugees.


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    Opposition leaders Raila Odinga,Moses Wetangula,Kalonza Musyoka and senator who has been warned by Independent policing Authority from causing chaos.

The Independent Policing Oversight Authority (IPOA) says that the opposition led by Mr Raila Odinga should comply with the order barring violent demonstrations against IEBC commissioners.

An order given by Justice Isaac Lenaola restrained the opposition from storming, removing commissioners or destroying property of the Independent Electoral and Boundaries Commission.

IPOA says that willful disobedience of a court order is untenable in a democratic society that professes its belief in the rule of law.

“It cannot be expected of the government to obey court orders while the opposition does otherwise. It also cannot be expected of the service to observe the law while other members of the public or political class break it with reckless abandon,” IPOA held.

In a statement sent to newsrooms, the policing authority said that the law must be adhered to by all regardless of their status. “This is the only way we can realize the gains enshrined in our constitution.”

“We advise the public against protests that are not peaceful and that breach the court order, to avoid pitting public against the police,” the statement continued.

The policing authority further stated that they were shocked by a recent chaotic scene where police officers providing VIP protection were in confrontation with their counterparts in regular service. This occurrence “must not be repeated.”

In the statement, the authority contends that nowhere in the world can a disciplined service be allowed to degenerate to a level of engaging each other in such manner as it is a recipe of chaos.

Additionally, the authority gave the Inspector General of police a green flag to take action against offending members of the service if they break the law.

They also cautioned the police to strictly in compliance with the law, to avoid the use of force and if prompted to be exercised only to the extent that is necessary, ensuring it is as minimum as is reasonably practical, protecting lives and property of all.

The affirmation by the policing oversight comes days after the Inspector General of Police Mr Joseph Boinett warned officer attached to VIP protection to refrain from getting involved in situations that may be in breach of the law while accompanying their respective VIPs.



Three Police officers Simon Gitonga, zacharia Kandie and Eric Momanyi Mosoti accused of killing  later Engineer Fred Ogolla Obando on the night of 6th and 7th day of April, 2012 in their police vehicle along Javabu road in kilimani at Milimani Law Court on Friday May 6,2016.

Three  police officers who caused the death of Engineer Fred Ogola Obado in Kilimani in 2012 have been charged in a Nairobi court.

The  trio Eric Momanyi Mosoti, Zacharia Kandie and  Simon Gitonga were paraded before  Nairobi Chief Magistrate Daniel Ogembo  where they  denied the  criminal indictment.

The  prosecution told court that the officers  on April 6 and 7 along  Jabavu road Kilimani within Nairobi County unlawfully Killed Engineer Obado who was in their custody.

The  accused were arrested on April 5 2016 and remained in police custody before they were produced in court to plead to the charge.

The trial court  ordered that each accused person be released on a Sh1 million bond  with one surety or  deposit a cash bail of  Sh 300,000 to secure their release pending   the hearing of the suit on July 5 2016.

The prosecution will call 23 witneses

Prosecution of the three officers was recommended by Senior Principal  Magistrate Joyce  Gandani who heard the inquest.

Ms Gandani recommended that three police constables be arrested  and  arraigned in court for failing to protect the deceased who died in their hands.

Engineer Ogalo was arrested by the officers from a pub at Nyayo Highrise on April 6 2012, the court found that the deceased was hit and pushed out of the lorry by the officers while he and  his colleagues were being taken to Kilimani police station.

The  trial magistrate who heard the inquest, recommended that  the corporal who  was in charge of the operation Benson Wafula be  charged with  the  offense of negligence of duty.

The magistrate further said inspector Lydia Mambo who was prosecution number 19 be also charged with offense of neglect of duty.

Corporal Wafula according  to the trial magistrate had refused to heed to cry of the people in the lorry  which he  could have  ordered to stop so as to attend to the deceased who had fallen.

Inspector Mambo was supposed to have   joined his colleagues but chose to go home while being aware  that she was on duty.

The court was satisfied with the evidence and  submission from the lawyer representing the family of the  deceased Mr Danston  Omari, that indeed Engineer of Ogolla’s death  was caused by the police.

The three officers  Momanyi, Kandie and Gitonga did not stop the lorry to attend to  the deceased who had been pushed  out of the vehicle, the court was told.

The officers had come up with a theory that the deceased had died through a road accident, but their evidence was thrashed by a medical report and the deceased’s colleagued who were bundled in same lorry.




PastorPeter Wambua sentenced for life by a Makadara court for defiling and impregnating his 16 year-old daughter.


A 60 year-old pastor has been sentenced for life by a Makadara court for defiling and impregnating his 16 year-old daughter.

Principal Magistrate Eveline Olwande imprisoned Peter Wambua after finding him guilty of the offence committed at Njiru in 2012.

He was also found guilty for indecently touching his daughter.

The magistrate said, in her judgment, that the prosecution proved without doubt that the suspect had committed the offence.

The minor testified how her father had confronted her and told her that he had a dream she had been sleeping with another man. The pastor wanted to prove she was still a virgin by sleeping with her. The minor told the court that after failing to convince her father she was still a virgin, he forcefully committed the act when her mother was not home. After that she was defiled more than 20 times which led to her pregnancy.

After Wambua discovered his daughter was pregnant, he threatened to kill her if she disclosed the matter to anyone.

“Pastor” Wambua will now serve a life sentence.




Two non-governmental organizations lawyer Vincent Lempaa seeking to challenge the constitutionality of the National Government Constituency Development Fund Act (NGCDF) at Milimani law courts on Thursday May 5,2016.


Members of Parliament have to shift their battles to the court after two organisations took issue with the passing of a new Constituency Development Fund.

Two non-governmental organizations filed a petition seeking to challenge the constitutionality of the National Government Constituency Development Fund Act (NGCDF).

Ms Wanjiru Gikonyo, Coordinator for the Institute of Social Accountability and Mr Cornelius Oduor Opuot, the executive director of Centre for Enhancing Democracy and Good Governance, says that the new Act goes against the provisions of the constitution.

Through their lawyer Vincent Lempaa, they say that the role has been given to counties and thus amounts to duplication of roles.

The petitioners argue that the allocation of funds to the NGCDF before the vertical of revenue division between  the  County  and National Government is unconstitutional.

They also want the petition sent to the Chief Justice to constitute a three judge bench saying that it raises weighty issues of law. They argue the bench will give an informed determination.

Is the fund constitutional? They contest.

The petitioners sued the National Assembly, the Senate, Attorney General, NCDFB, and CS Ministry of Finance and added the Council of Governors as interested party.

On December 15 2015 President Kenyatta assented the NCDFA which came into force in February19 2016.

The new Act was passed to replace the CDF Act of 2013 which was outlawed by the high court on February 20 2015.

Justice Isaac Lenaola who heard the two petitioner’s application directed the same be served to the parties and the matter be heard inter party on May 20 2016.






Speaker of the National Assembly Justin Muturi.


A party that gave tickets to members of parliament now wants speakers to force its legislators to remit money due to it.

Muungano Party of Kenya has asked the Speaker of the National Assembly Justin Muturi and his colleague speaker from Wajir County Assembly to appeal to the members to honour the dues owed to the party.

The MP and three MCAs have failed to remit contribution to the Party since they were elected in 2013.

The party through its secretary general Mr Lawrence Nzunga, says that Yatta MP Francis Mwangangi Kilonzo, three members of Wajir County Assembly Yassin Abdi Dagane, Abdishakor Mohamed and Rukia Abdille Abdullah owe the Party a total of Sh1, 795,000.

He says that the MP has not remitted Sh 20,000 monthly contribution since his election to parliament totaling to about Sh740, 000.

Whereas the three Wajir MCAs were supposed to contribute Sh5,000 per month. They too have not done so for the last 37 months since their election on Muungano Party ticket; they owe the party a total of Sh 1, 055,000.

Mr Nzunga also says that both the MP and the MCAs are in violation of the Party constitution and pre- election agreements by refusing to remit the money to assist in Party activities.

The Secretary General has also taken the dispute to the Political Parties Dispute Tribunal and the case will be heard on May 10.

He also says that the Party has explored all dispute mechanisms but no resolution has been arrived at.

“They have continued to enjoy contribution made by other members,” he says.

The party is seeking a declaration that all respondents are in breach of the constitution and they should thus be expelled forthwith.




Sonu chairman Babu Owino before Kabira law courts where he pleaded not guilty over the alleged beating of his rival Mike Jacobs during student’s campaign in March.


SONU chairman Babu Owino has denied ruthlessly beating up his rival Mike Jacobs during students campaigns in March.

Mike Jacobs who has since been expelled from the University of Nairobi says he was attacked by Babu in Nairobi’s Kileleshwa area.

In a video doing rounds in social media captured the alleged assault where Babu and his accomplices appear to be shoving and slapping Jacobs at a petrol station.

The student leader was arrested on Wednesday night and taken to Kilimani police station where he spent the night.

Kibera principal magistrate Tito Gesora released Owino, real name Peter Ogili, on Sh200,000 bond or Sh100,000 cash bail.

Owino won a hotly contested election which was marred with students violence. Allegations of rigging came up resulting to street protests by University of Nairobi students.

Jacobs was among 33 students expelled for participating in the riots that led to the destruction of school property.

The students burned Sonu offices and a hostel following an order by the university Administration to  close the University indefinitely. Students have since go back.

Jacobs also contends that the disciplinary action taken against him and his supporters was improper as their mistakes were not specified in the expulsion letters.