Blog Page 219

DPP AGAINST MUTHAMA’S PRIVATE PROSECUTION.

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Embattled Machakos Senator Johnstone Muthama who may face private prosecution from activist over utterances he made at a rally in Uhuru Park two weeks ago.
BY SAM ALFAN
Director of Public Prosecution Keriako Topika wants an application filed by the activists seeking private prosecution against Machakos Senator Johnstone Muthama dismissed.
In an affidavits filed in court by the Senior Prosecution Counsel Duncan Ondimu describes the application by activist Joseph Kithyaka as speculative that comprises of opinion than fact.
“The application is frivoious, vexatious, misconceived; cleary an abuse of process intended to achieve ulterior motives” Said Ondimu in his affidavit.
The DPP further argues court should not be used to interfere with independent institutions that are clearly provided under the constitution and they should be allowed to operate without interferences.
He argues on 25 day of September 2015 the director of public prosecution consulted a Multi-Agency Team comprising of the Directorate of Criminal Investigations (DCJ), National Cohesion and Integration Commission (NCIC) and a team also includes the officers from the O.D.P.P and issued a press statement.
In his affidavit he says the team will interrogate and record statements made during a political rally by Cord in support of teachers strike which the senator is alleged to have made the statements.
“The team was required to interrogate and record the statements from all those who made certain statements and utterances during a political rally that was held at Uhuru park ground on 23 of September which amount to hate speech and incitement” Said Ondimu.
He said the task has already completed it investigations and the file has been submitted to the DPP for further directions and requested the application be dismissed.
The founder of Inter Ethnic Forum filed an application seeking private prosecution of Machakos Senator John stone Muthama over utterances he made at a rally in Uhuru Park two weeks ago.
Joseph Kithyaka seeks the court’s order to permit him to commence the private prosecution against the senator for inciting the public and insulting President Uhuru Kenyatta and Devolution and Planning Cabinet Secretary Anne Waiguru.
Kithyaka says in his documents that saying he should be allowed to charge Muthama given that the Director of Public Prosecution has not taken action against Mutham
Through his lawyer Victor Kariuki he said the senator’s utterances have caused widespread complaints and public outcry yet the DPP has failed to take swift action.
However the DPP Keriako Tobiko said in response said the application private prosecution of the senator is a sham, misconceived and speculative and, saying he apply to have the same dismissed.
“A team comprising of directorate of criminal investigations, integration commission and officers from my office has already interrogated all those who made certain statements which amount to hate speech and have submitted the file to me for appropriate action”

Kathyaka said the Senator should be held criminally responsible for specifically stating that teachers who will go back to work without being paid will be stoned.
“The DPP has delayed, failed and neglected to institute criminal charges pursuant to his powers under article 157 of the constitution” Kithyaka Said.
Kithyaka said the failure by the DPP to charge Muthama over utterances is tantamount a threat to national unity, security and the rule of law.
“The public perception that the law is applied selective is a threat to democracy and constitution and a bleeding ground for impunity” he said.
A private prosecution is a criminal proceeding initiated by an individual or private organisation instead of by a public prosecutor who represents the state.
On September 23, Cord held a rally at Uhuru Park to show solidarity with the striking teachers.
The meeting which the Teacher’s Union Knut did not attend was called by Cord principals Raila Odinga, Kalonzo Musyoka and Moses Wetangula.
In his speech, Muthama reportedly claimed Waiguru is President Kenyatta’s beloved CS despite being embroiled in corruption allegations in the National Youth Service where over Ksh 700 million was lost through questionable procurement process.
The remarks rally which was broadcast live on TV caused a storm in the political arena with cord Mps telling him to stay afoot and those from Jubilee side calling for arrest and prosecution.

MUGO WA WAIRIMU RELEASED ON A CASH BAIL OF 1MILLION.

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Fake Doctor Mugo wa Wairimu with his lawyer Cliff Ombeta and his wife at Milimani law courts basement cells after he was charged with rape among other 11 counts on Friday September 2, 2015.
BY SAM ALFAN.

Fake Doctor James Mugo Ndichu alias wa Wairimu has been freed on a cash bail of 1million and a bond of 5million.

Nairobi Chief Magistrate Daniel Ogembo released Wa Wairimu after his lawyer Cliff Ombeta made a successful application on Friday seeking the fake doctor to be released on bond.

“There was no compelling reason given by the prosecution to deny the accused bail” said Magistrate.
On Friday Mugo’s lawyer Cliff Ombeta asked the court to admit Mugo to bail saying the charges leveled against him are bailable and he was not flight risk. “The intention of the prosecution and police to continue holding the accused person is not convincing.
Apart from allegations, assumptions and believes which have no basis, the accused person has appeared in court and it is his right to be released on bond,” Ombeta submitted.
Ombeta pleaded with the court to release Mugo adding that he was willing to report at any police station or court as and when required. He said when Mugo was arrested he was taking a cup of coffee and prosecution has not disclosed to the court weather was an arrest warrant issued against him.
“This is hot air unless it supported by tangible evidence and it is our argument that the accused ought to be given bond to enable him prepare for trial,” Ombeta argued.
Ms Nyamosi also told the court that the State was also requesting that he remains in custody for his own safety.
However, State Counsel Jacinta Nyamosi opposed Ombeta’s request and asked the court not release Mugo on grounds that he was a flight risk and he was also likely to interfere with witnesses.
“While the prosecution appreciates that it is the accused’s constitutional rights to be admitted to bail, there are compelling reasons to warrant refusal of bail. He was aware he was a subject of investigations but he went into hiding until he was arrested in Limuru,” Nyamosi told court.
Ms Nyamosi said owing to the nature of crimes Mugo is alleged to have committed and vulnerability of victims it was in the interest of justice that he remains in custody. “The accused is a resident of Nairobi but on September 10 when he was arrested he had checked in at the hotel which is not his place of residence,” Ms Nyamosi argued.
Mugo was arrested at Gitungo Hotel in Limuru after a video, recorded using a hidden camera, was broadcast on TV causing outrage from the public and civil society that called for his arrest.
The video clip showed a woman on a doctor’s examination table and a man undressing before climbing onto the table and raping the sedated female patient. According to the media report, the video was taken at the Prestige Health Care Clinic in Githurai 44, which is operated by Mugo.
He appeared in court two weeks ago and police were allowed to continue holding him after the prosecution sought for more time to allow them assess the scene of crime and obtain records from various government agencies.
According to the charge sheet, Mugo was accused that on November 1, 2014 at the Prestige Health Care Clinic in Githurai 44 he administered four tablets of unknown drug to a female patient with intent of overpowering her so as to engage in a sexual activity.
“On diverse dates between November 1 2014 and September6, 2015 at Prestige Health Care Clinic while not registered and licenced as a medical practitioner you falsely used the title ‘Doctor’ by presenting yourself as Dr. Mugo Wa Wairimu to ABC when having not acquired a higher academic doctoral qualification,” Mugo was told in court.
He was also charged with operating the clinic illegally and practicing as a nurse while not registered by Kenya Nursing Council.
Mugo was also accused of operating a pharmacy between June 18 and September 6 at the same clinic without a practicing licence from the Pharmacy and Poisons Board (PPB). He was also accused of stocking and using unvalidated drugs and HIV testing kits without a licence from the Kenya Medical Laboratory Technicians and Technologists Board (KMLTTB).
Mugo faced another count of employing unregistered lab technologist at the said clinic contrary to the law. He further charged of operating an unregistered medical laboratory without a lincence from KMLTTB.
The matter to be heard on 19 of October.

 

KNUT CALLS TEACHERS STRIKE OFF.

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Kenya National Union of Teachers(KNUT)Secretary-General Wilson Sossion and chairman Mudzo Nzili  at press conference where called off the five-week strike.

BY SAM ALFAN

Kenya National Union of Teachers(KNUT) have called off the five-week strike and asks teachers to resume work from Monday October 5; says action taken in obedience to Court Order.

KNUT called off the strike saying that the decision was in line with a Employment and Labour Relations Court ruling suspending the strike for 90 days.

The giant union Secretary General Wilson Sossion said that teachers will now resume duties on Monday, October 5th, 2015.

Sossion said that the ruling by Justice Nelson Obuodha suspending the strike and failure by Justice Nduma Nderi to issue orders not to suspend the strike were unfair.

The two judges, both of the Employment and Labour Relations Court, said that the strike remained suspended even as an appeal challenging the pay rise is ongoing.

The union further said that the Teachers Service Commission (TSC) has failed to comply with an earlier court order warning it against withholding teachers’ pay for the month of September.

TSC said 230,000 teachers would not receive pay for the month of September, which they were on strike. Only 43,000 teachers, mainly head teachers, their deputies and heads of departments received their pay.

KNUT now says it will contest the TSC’s act in the Court of Appeal until teachers get justice.

Teachers Service Commission on Friday was restrained by the Employment and Labour Relations court from hiring an intended 70,000 new teachers to supplement learning in public schools countrywide, a court has said.

This is after an umbrella body supervising trade unions in Kenya sued TSC over its decision to hire relief teachers in the wake of an ongoing strike that has paralysed learning in public schools for four weeks.

Trade Unions Congress of Kenya TUCK, contests that the teachers employer has disregarded directions by the industrial court to engage in negotiations that will see students resume learning.

Through its lawyer Mr Wilfred Nyamu, TUCK says that instead of negotiating, the employer has now advertised for recruitment of 70,000 relief teachers on a three month contractual basis.

TSC placed the advertisement in the local dailies on Thursday October 1 and equally placed a deadline slated October 5 2015.

“Respondent (TSC) stated that the teachers to be recruited are meant to alleviate the effects of the current teacher shortage in the country,” Tuck says.

The umbrella body claimed that the advertisement is inclined for the first time to engage teachers on temporary basis contrary to existing policy and practice.

They said that the teachers employer has not addressed the demands of teachers or engaged with the unions neither have they taken steps towards compliance with the court order.

“It is for this reason that the teachers have remained away from school.”

“Conservatory orders be granted to applicant restraining the respondent from carrying out the recruitment of relief teachers as advertised on October 1 2015,” the court ruled.

TEACHERS EMPLOYER CAUTIONED OVER BID TO RECRUIT RELIEF TUTORS.

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Kenya National teachers union Knut Secretary-General Wilson Sossion and chairman Mudzo Nzili Milimani commercial court in Nairobi.

BY SAM ALFAN.

Teachers Service Commission should not hire an intended 70,000 new teachers to supplement learning in public schools countrywide, a court has said.

This is after an umbrella body supervising trade unions in Kenya sued TSC over its decision to hire relief teachers in the wake of an ongoing strike that has paralyzed learning in public schools for four weeks.

Trade Unions Congress of Kenya TUCK, contests that the teachers employer has disregarded directions by the industrial court to engage in negotiations that will see students resume learning.

Through its lawyer Mr Wilfred Nyamu, TUCK says that instead of negotiating, the employer has now advertised for recruitment of 70,000 relief teachers on a three month contractual basis. TSC placed the advertisement in the local dailies on Thursday October 1 and equally placed a deadline slated October 5 2015.

“Respondent (TSC) stated that the teachers to be recruited are meant to alleviate the effects of the current teacher shortage in the country,” Tuck says.

The umbrella body claimed that the advertisement is inclined for the first time to engage teachers on temporary basis contrary to existing policy and practice.

They said that the teachers employer has not addressed the demands of teachers or engaged with the unions neither have they taken steps towards compliance with the court order.

“It is for this reason that the teachers have remained away from school.”

“Conservatory orders be granted to applicant restraining the respondent from carrying out the recruitment of relief teachers as advertised on October 1 2015,” the court ruled.

FORMER RUARAKA OCS CHARGED WITH MURDER.

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IMG-20151002-WA0010Former Officer Commanding Ruaraka police station Chief Inspector Nahashon

Mutua at Milimani law where he’s going to faces murder charges.

BY SAM ALFAN.

Machakos OCS who is accused of murdering a suspect in a police cell nearly

two years ago, on Friday presented himself before the High Court.

Former Officer Commanding Ruaraka police station Chief Inspector Nahashon

Mutua was however not required to plead to the murder charges.

He will be formally charged on Wednesday October 7, 2015.

He will be charged with the murder of Martin Koome Manyara on December 19,

2013 at Ruaraka Police station.

Director of Public Prosecutions Keriako Tobiko had approved the charge

against Mutua in August following investigations by the Independent

Policing Oversight Authority.

Mutua was the commander of Nairobi’s Ruaraka Police Station when the

incident occurred but he has since been transferred to Machakos.

He told Justice Roselyn Korir that he only learnt of the charges recently

as the summons had been served at his former office.

The civilian body found out that Manyara was beaten at the station and

sustained serious injuries that caused his death.

Manyara had been arrested on allegations of threatening to kill his

daughter.

IPOA claims he was hit several times with a rod and his head immersed in

water after which he was locked up in the cells overnight despite his

injuries.

Manyara was taken to Kenyatta National Hospital the following but he died

day from where he died,” according to a statement by IPOA’s Public

Relations Officer Dennis Oketch.

The killing sparked protest on Outer Ring Road on June 17, 2013.

On August 24, the ODPP directed the police boss be arrested and charged

with the murder.

“DOCTOR” MUGO CHARGED WITH RAPE.

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Fake Doctor Mugo wa Wairimu with his lawyer Cliff Ombeta and his wife at Milimani law courts basement cells after he was charged with rape among other 11 counts on Friday September 2, 2015.

BY SAM ALFAN.

Fake Doctor James Mugo Ndichu alias wa Wairimu   could be sentenced to life imprisonment should the rape charges preferred against by the prosecution are proven.

Wa Wairimu was Friday morning charged with rape and 12 other counts including operating several clinics illegally.

He faced one count of rape and 10 counts of operating unregistered clinics.

He however denied all the charges and was remanded at the Industrial area prison.

His lawyer Cliff Ombetta requested that he be released on bail pending trial.

Chief Magistrate Daniel Ogembo will on Monday October 5 make a ruling on whether he will be freed on bond.

The prosecution put a spirited fight opposing his release arguing that wa Mugo is a fright risk.

State lawyer Jecinta  Nyamosi asked court to consider the fact that the suspect is facing serious charges and was likely to abscond.

Wa Mugo who has been in remand for about more than three weeks was accused of sedating and raping woman (reffred in court as ABC) in one of his clinics.

The prosecution alleged that on 1 November, 2014 at his prestige HealthCare Clinic in Githurai 44, he intentionally and unlawfully raped a woman without her consent.

The charge further, sheet stated that “On diverse dates between June and 6 September, 2015 at Prestige HealthCare Githurai 44 Estate in Nairobi with others not before court accused operated a business of pharmacist which is not registered by Pharmacist and Poisons Board”.

Wa Mugo was arrested on September 11 after his sensational arrest, sparked by public outrage after a   video was aired in a local TV station allegedly showing him sexually abusing a sedated woman in a hospital examination table.

Resident Magistrate Edda Agade last week granted the Director of Public Prosecutions “more time” to build a case against the suspect, which was to include operating unlicensed clinics.

The ,magistrate gave the prosecution more time after  Nyamosi told the court that police needed time to determine which charge to prefer against the suspect.

Nyamosi said police were looking for more witness.

She said the investigating teams were still awaiting reports from the University of Nairobi and the government’s analytical laboratory in regard to DNA extracted from the suspect and other samples picked from other areas for analysis.

“Owing to the nature of the crimes that the respondent is alleged to have committed and the vulnerability of the victims, it is in the interest of justice that the suspect remain in police custody,” she told the court.

The court heard that investigators had so far obtained records from the Kenya Medical Practitioners and Dentists Board, the Pharmacy and Poisons Board, the Nursing Council of Kenya, the Kenya Medical Laboratory Technicians and Technologists Board and the Radiation Protection Board.

The suspect who was arrested on September 10 at Gitungo Hotel in Limuru, Kiambu County is facing yet another case at the Makadara Law Courts where he is on trial for practicing without authority.

 

ACTIVIST SEEKS PRIVATE PROSECUTION AGAINST SENATOR MUTHAMA.

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Embattled Machakos Senator Johnstone Muthama who may face private prosecution from activist over utterances he made at a rally in Uhuru Park two weeks ago.
BY SAM ALFAN.
The founder of Inter Ethnic Forum has filed an application seeking private prosecution of Machakos Senator Johnstone Muthama over utterances he made at a rally in Uhuru Park two weeks ago.
Joseph Kithyaka seeks the court’s order to permit him to commence the private prosecution against the senator for inciting the public and insulting President Uhuru Kenyatta and Devolution and Planning Cabinet Secretary Anne Waiguru.
Kithyaka says in his documents that saying he should be allowed to charge Muthama given that the Director of Public Prosecution has not taken action against Mutham
Through his lawyer Victor Kariuki he said the senator’s utterances have caused widespread complaints and public outcry yet the DPP has failed to take swift action.
However the DPP Keriako Tobiko said in response said the application private prosecution of the senator is a sham, misconceived and speculative and, saying he apply to have the same dismissed.
“A team comprising of directorate of criminal investigations, integration commission and officers from my office has already interrogated all those who made certain statements which amount to hate speech and have submitted the file to me for appropriate action”
Kathyaka said the Senator should be held criminally responsible for specifically stating that teachers who will go back to work without being paid will be stoned.
“The DPP has delayed, failed and neglected to institute criminal charges pursuant to his powers under article 157 of the constitution” Kithyaka Said.
Kithyaka said the failure by the DPP to charge Muthama over utterances is tantamount a threat to national unity, security and the rule of law.
“The public perception that the law is applied selective is a threat to democracy and constitution and a bleeding ground for impunity” he said.
A private prosecution is a criminal proceeding initiated by an individual or private organisation instead of by a public prosecutor who represents the state.
On September 23, Cord held a rally at Uhuru Park to show solidarity with the striking teachers.
The meeting which the Teacher’s Union Knut did not attend, was called by Cord principals Raila Odinga, Kalonzo Musyoka and Moses Wetangula.
In his speech, Muthama reportedly claimed Waiguru is President Kenyatta’s beloved CS despite being embroiled in corruption allegations in the National Youth Service where over Ksh 700 million was lost through questionable procurement process.
The remarks rally which was broadcast live on TV caused a storm in the political arena with cord Mps telling him to stay afoot and those from Jubilee side calling for arrest and prosecution.

JUDGE PUT ON THE SPOT OVER ALLEGATIONS OF BRIBERY TO ALTER DECISION IN TATU CITY SUIT.

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Senior Counsel Ahmednasir Abdulahi for Tatu city and lawyer Denis Mosota for Anthony Njoroge who is defendant on the matter leaving Milimani law courts on Wednesday October 1,2015.
BY SAM ALFAN.
The court battle between foreign and local partners has taken a new twist with both sides flinging bribery and fraud accusations at each other.
Chief Operating officer in Sh 240 billion Tatu City has applied seeking the disqualification of Justice Eric Ogola from hearing the commercial disputes touching on parties involved in the lucrative project.
Mr Christopher Barron has raised concern over the handling of the case by the judge.
He says serious allegation have been raised which touches Sh 50 million bribery that changed hands to influence the outcome of the case.
Mr Barron applies that Justice Ogola recuses himself and the file be forwarded to the presiding judge of commercial and admirably division fro re- allocation to another judge
The allegation contained in letter authored by Wilfred Gitonga of Kenyans and Justice and the same has been forwarded to the Chief Justice, Ethic and Anti- Corruption, Director of Public Prosecution, and commission for administrative Justice raises serious allegation over the handling of the commercial dispute.
Mr Barron says that he is apprehensive that there is real like hood of bias and confidence in the judge has been eroded in light of serious allegations raised Mr Gitonga.
“Justice should not only be done but be seen to be done” he says.
When the mater come for on October 13, points of law will raised as part of the application for disqualification.
Last week Top consulting firm PriceN Water House Coopers (PWC) opted out from carrying out investigation into the accounts of Tatu City due to internal wrangle between the local and foreign partners.
Justice Ogola was told by PWC, that battle between foreign shareholders Rendearvour and their local partners Nahashon Nyaga and Vimal Shah have made it difficult for audit to be conducted as ordered by the court.
The firm says that shareholders have declined to execute document to pave way for the audit to commence.
Justice Ogola orderd for the audit following a stand off between the shareholders on the actual position of loans taken purchase land for the project. PwC says that shareholders have not agreed on the terms of loan.
“The letter of engagement has not been signed by the parties. There appears to be hostility between the parties which may not allow us to proceed. We are a professional body and some disparaging remarks have been made about PwC by one of the parties. We therefore seek to withdraw from the assignment,” PwC lawyer Peter Gachuhi told the court
Mr Gachuhi told the judge that PWC wrote to the parties involved in the dispute saying that it was ready to commence the audit, but did not get a go ahead to investigate the accounts.
The judge had given parties up September 23 to file an audit report on the offshore loan accounts, but the same has not been complied with
The court directed the parties to appear before him on October 1 for a hearing.
The audit report was intended to quantify how much money had been borrowed from the offshore financiers since the project started, and what balance is still owed to lenders.
Foreign partners
Stephen Jennings and Hans Jochum Horn had in an application alleged that Mr Nyagah and Mr Shah had good relationship with PwC and that there was likelihood for them to use their closeness to influence the out come of the audit
The dispute has persisted since February and has slowed down the project. Mr Nyagah and Mr Shah alleged that the foreign partners them removed they manage the project alone

The foreign partners accuse their local partners for breach of contract by transferring land meant for the project.
Consequently the (CID) has recommended for the arrest and prosecution of Mr Nyagah over an alleged action to defraud real estate of Sh5 billion.
Detectives investigating transactions involving the project’s subsidiaries have concluded that Mr Nyagah used close relatives and associates to irregularly transfer shares worth Sh5.3 billion, and has recommended that he and five others be charged in court.
Mr Nyagah and two city lawyers Nelson Havi and Edward Osundwa have obtained a court order stopping their arrest and prosecution.

COURT STOPS MP MOSES KURIA FROM DEFAMING NARC LEADER MARTHA KARUA.

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Gatundu Member of Parliament Moses Kuria with his lawyer Danson Mungatana outside Milimani law courts after court issued oerder restraining him from defaming NARC KENYA party leader Martha Karua on Wednesday October 1,2015.
BY SAM ALFAN.
High court has issued temporary orders restraining Gatundu Member of Parliament Moses Kuria from further defaming NARC KENYA party leader Martha Karua.
Justice Sergon issued the order this afternoon restraining the Gatundu South legislator from issuing any statement on the media or any platform pertaining Ms Karua reputation or in any manner mentioning her on any forum since it will be injurious to her reputation.
“I have considered the submissions of both sides.However,I hereby issue an order restraining the respondents from making any further statement on any forum since it will be injurious to the reputation of the plaintiff for the next 14 days” Said Sergon.
The judge said Mr Kuria won’t suffer any prejudice if the orders are issued by the court restraining him from issuing any statement that is viewed as defamatory to Ms Karua.
This is despite Kuria’s lawyer Danson Mungatana opposed the application seeking orders against his client clamming he was not served by Senior Counsel Gitobu Imanyara despite endless calls and messages seeking to be served by him.
Gatundu South Member of Parliament Moses Kuria was sued two weeks ago by Narc Kenya Party leader Martha Karua through his lawyer Senior Counsel Gitobu Imanyara over remarks he made in a political rally linking her to witness soliciting in order to fix the Deputy President at the ICC.
The Narc Kenya leader said that on the evening of Sunday, she was shocked to hear her name being adversely mentioned by the MP at a Prayer meeting held at Kapsikwony, Bungoma County.
Mr Kuria said that, he with others and Ms Karua were involved in drafting a letter that was sent to the International Criminal Court implicating the Deputy President for Crimes against Humanity.
She in response contacted her lawyer Gitobu Imanyara who was of the opinion that Mr Kuria’s words were defamatory, libelous and actionable. Similarly, she held a press conference at her NARC KENYA offices where she demanded an apology from the MP.
She said that instead of apologizing, Mr Kuria held a press conference at Parliament buildings where he reiterated the same words he had spoken at Kapsikwony.
“In addition, he stated that I met him together with others at Club Galileo in Westlands where we devised a scheme to recruit witnesses against the Deputy President for the case against him,” Ms Karua said.
Following the disputed General Elections of December 2007, the ensuing Post Election Violence in 2007/2008 and mediation efforts led by Mr. Kofi Annan, Ms Karua was appointed Justice and Constitutional Affairs minister.
She would, in her stature as minister for Justice and Constitutional Affairs, extensively interact with the various efforts and commissions involved in investigating the events of the Post-Election Violence, the Victims of the said Post Election violence as well as investigators from the International Criminal Court as Government of Kenya representative.
Ms Karua stated that Kuria’s statements have highly injured her reputation implying that she was not a diligent and trustworthy public servant as a Minister for Justice and Constitutional Affairs and that she was involved in bribing people to testify against the Deputy President.
“Unless the Defendant is compelled by this Honorable Court to cease from maligning my name and further injuring my reputation, I stand to suffer irreparable harm from his reckless and unwarranted attack on my integrity on grounds which he cannot substantiate,” the Narc Kenya chair said.
Lawyer Imanyara in the same light said that the words were calculated to paint the Ms Karua in negative light as the person behind the Criminal Case against the Deputy President, which words were scandalous, malicious, unwarranted and defamatory in the extreme.
He said that the words implied that Ms Karua had a corrupt interest in the ongoing cases at the ICC and had obtained corrupt benefits or advantages during her tenure as a Minister for Justice and Constitutional Affairs.
The lawyer also said that Mr Kuria implied that, “The plaintiff was a part of a criminal enterprise gang comprising of among others, the Defendant whose principal purpose was to interfere with the administration of justice at the ICC in breach of the Statute of the International Criminal Court and the Kenyan penal laws.”
Mr Imanyara also cautioned the court that pending the hearing and determination of the suit, Gatundu south MP should be restrained from issuing any statement on any media platform that pertains to the Applicant and her reputation, or in any manner from mentioning the Ms Karua’s name in any forum as would be defamatory, libelous and injurious to her reputation.

COURT OVERTURNS DECISION TO RETIRE DEPUTY CJ KALPANA RAWAL.

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The five judge bench led by presiding principal Judge, Justice Richard Mwongo, Christine Meoli, Hedwig Ongudi, Weldon Korir and Charles Kariuki who suspende
Deputy Chief Justice Kalpana Rawal replacement for 45 days who is challenging her retirement at the age of 70 leaving Milimani law courts on Wednesday October 1, 2015.
BY SAM ALFAN.
High court has suspended a retirement notice by Judicial Service Commission to requiring the Deputy Chief Justice Kalpana Rawal to retire at the age of 70 years for a period of 45 days.
The five bench further suspended a recruitment exercise advertised on the local daily seeking to recruit candidate to replace the deputy chief Justice for the next 45 days pending the hearing and determination of the suit challenging the JSC decision to retire her.
The Judges presiding over the principal Judge, Justice Richard Mwongo, Christine Meoli, Hedwig Ongudi, Weldon Korir and Charles Kariuki directed the main petition to be heard on 26 and 27 of this month.
Deputy Chief Justice Kalpana Rawal moved to court challenging the decision of Judicial Service Commission to issue her retirement notice to take effect on 2016.
Through her lawyer Kioko Kilukumi and George Oraro, told Justice Isaac Lenaola, that the Judicial Service Commission has violated section 3(1) of the sixth schedule to the constitution by choosing to retire her after attainment of the 70 years.
She has also sued the secretary to the JSC who issued the communication an placed an advertisement in Sunday Standard of 13 September 2015.
Judicial Service Commission has faulted Deputy Chief Justice Kalpana Rawal in her bid to stop the recruitment of her successor.
“Justice Rawal is currently on a terminal leave while another Supreme Court Judge Philip Tunoi is not sitting” said Ahmednassir while opposing.
The commission also, through lawyers Ahmednassir Abdullahi and Charles Kanjama, objected to the DCJ’s application being heard at the constitutional court.
“Her application is without merit, misconceived and an abuse of the court process meant to frustrate the JSC,” said Ahmednassir.
“This is a dispute between an employer and an employee, which should be heard at the Employment and Labour Relations Court.
Senior Counsel Ahmednassir further opposed Justice Rawal’s application to have the case heard by at least three judges saying the matter doesn’t have any issues that can be heard by the bench of uneven number of judges.
A lobby group was enjoined as friend of the court in Deputy Chief Justice Kalpana Rawal’s case challenging her retirement age.
Kituo Cha Sheria through their lawyer John Khaminwa made an application to be enjoined in the matter stating that it has legal responsibility to the public.
The hearing of the case by a five Judge bench commenced yesterday.
The Judges presiding over the matter are, Richard Mwongo as the Principal Judge, Christine Meoli, Hedwig Ongudi, Weldon Korir and Charles Kariuki.
Kalpana’s lawyer George Oraro told the court that the list of some of the judges who have applied for the Deputy Chief Justice position were published in a local daily which might lead to anarchy.
He requested for conservatory orders stating that the Law Society of Kenya has already requested their members to boycott judges who are above 70 years.
He said the Judicial Service Commission did not communicate to the Deputy Chief Justice Kalpana Rawal that the terms of retirement had changed from 74 years to 70 years.
He said Kalpana was not appointed under a competitive action but was promoted to her current position.
“Kalpana Rawal never agreed to retire at the age of 70 as stated by the Judicial Service Commission. That was just an aversion,” he said.
However Judicial Service Commission Lawyer Ahmed Nassir opposed Rawals application stating that it has no basis in the law and no cause of action can be found in the constitution.
He said JSC communicated to Rawal what the constitution stipulates on the retirement age.
He said orders that Rawal’s requested were mostly spent and she had not shown how her rights would be infringed in the recruitment process.
Rawal wants the Judicial Service Commission stopped from continuing the process of securing her replacement.
She also wants the Court to issue a declaration to JSC effectively stating that it has no constitutional and statutory role in the allocation of judicial duties to individual judges and cannot therefore purport to issue notice for retirement.
“It is a matter of Judicial notice that several Judges who were in office as at the effective date have retired at the age of 74 years and the JSC action to retire me at the age of 70 years is discriminatory and violation of the constitution,” she said in affidavit.
The matter to be heard by the five judge on 26 of October for highlighting their written submissions..