Blog Page 239

WAITITU RENEWS RIVALRY WITH KIDERO.

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Kabete Member of Parliament  Ferdinand Waititu with his lawyer Harrison Kinyanjui outside milimani law courts.

BY THOMAS KARIUKI

Nairobi Governor Dr Evans Kidero is a man under siege following a move by Kabete MP Ferdinand Waititu contesting a decision that denied him the city governorship.

Mr Waititu Monday moved the Supreme Court to review and or set aside the judgment that retained Dr Kidero as Nairobi governor.

The Kabete MP was the closest rival to Dr Kidero in the 2013 general election that placed the governor at the helm of the city.

Through his lawyer Mr Harrison Kinyanjui the outgoing MP claims that the integrity and transparency of the highest Court has fallen into grave doubt.

It is after a sh200 million bribery allegation was made by a journalist Geoffrey Kiplangat on Supreme Court Judge Philip Tunoi.

The journalist alleged that the Judge was given the money to alter the judgment that bestowed Governor Kidero.

Waititu claims that an exceptional circumstance has since risen from the Judgment negatively implicating the entire decision by the 7 Judge bench.

It is only the court’s Judge Njoki Ndung’u who dissented the unanimous decision.

Waititu claims to have never met Justice Tunoi during the period of the hearing and at no time did the Judge disclose to have met Kidero. He claims it was dishonest of the judge to have not disclosed that there had been interaction between him and the agents of Kidero.

“So far I have not seen any process filed by Justice Tunoi against Geoffrey Kipalgat in the high court or any other court of competent jurisdiction to exonerate himself from these allegations,” he said.

Waititu claims the foregoing persuades him justice was not done in the matter and the judgment ought to be set aside.

In his application, Mr Waititu has sued Dr Kidero, Jonathan Mueke, the Independent Electoral and Boundaries Commission (IEBC), IEBC chairman Isaac Hassan, Nairobi County Returning Officer, Attorney General, DCIO Gigiri and Kayole as well as the Inspector General of Police.

 

 

 

MWIRARIA OUT OF ANGLO LEASING CASE.

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Former finance minister David Mwiraria who has been excluded from Anglo leasing since he was not in a position to stand trial.

BY SAM ALFAN.

A Nairobi court has stopped an Anglo leasing trial facing former finance minister David Mwiraria.

The anti-corruption court excluded the former minister from being prosecuted with other key anglo-leasing architects- Kamani family.

Trial Magistrate Felix Kombo said that Mwiraria’s lawyer Mr Kioko Kilukumi had proven that the former minister was not in a position to stand trial.

The court ruled that Mwiraria’s prosecution will remain suspended until he fully recovers.

The Director of Public Prosecution told the trial court that they were unable to give clear interpretation to the ruling of Justice Grace Ngenye.

The decision, the magistrate said appeared to have left out the prosecution from the case.

Justice Ngenye had on December 4, ruled that the trial court should make arrangements and issues a notice as to when and where the ex-minister would be charged.

Senior counsel Paul Muite and Ebbas Esmail, told   high court Justice Ngenye, that recommendation from three doctors Mwiraria’s counsels had told the appointed by the office of director of public prosecution found that he is not fit to face prosecution.

” Four  doctors appointed to establish his sustainability  whether to face criminal case only one descended in his opinion while  the trio agreed  that indeed he was sick that he  cannot be subjected to criminal proceedings” the  court heard.

The lawyers  while submitting on the application seeking review of the decision of magistrate court  issuing warrants of arrest against Mwiraria, said  that there is nothing to hide on somebody whose memory cannot recall some events and the law prohibits such person not be  recommended for prosecution.

Mwiraria was taken ill in 2006 before the commencement of the criminal case before the court, and he has undergone several medical examinations.

“He seriously sick his immobility has been grounded he cannot pay attention to proceedings taking place between 30 to 60 minutes” the court heard.

The lawyers asked the court to exercise its supervisory jurisdiction by invoking the powers of revision and issue the order prohibiting his arrest as ordered by the magistrate’s court.

The defence lawyers said that the prosecution in their replying affidavit, they have not disclosed that the DPP had recommended for medical examination of Mwiraria  by   a team of doctors.

They objection to  the opposition taken by the prosecution, saying that  when the warrant of arrest was issued by the magistrate’s court already the medical report by three doctors from Kenyatta National Hospital was in file indicating that he was  unfit to stand trial.

Mwiraria was to be charged with Kamani family over the Anglo Leasing related scandal in which the government is said to have losed about Sh 10 billion

Justice Macharia will deliver the ruling on Friday as to whether to quash the warrant issued by the lower court.

 

REST IN PIECES IF POLITICAL PARTIES MERGE.

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Isaac Rutto (Bomet) Governors Peter Munya (Meru) and Alfred Mutua (Machakos) have all said that they are launching their own political movements.

BY WAITHAKA NGARUIYA.

Political parties are private ‘businesses’ owned by individuals who control and determine who will or will not be their candidate of choice.

How a candidate is ‘hand picked’ leaves much to be desired.

However, a genuine concern would be; after the merger of political parties, will holders of party tickets in 2017 be the genuine candidates or will these party owners give tickets to their political comrades.

Nominations in Kenya, many will agree have never been fair: the one nearest to the party’s top candidate gets the ticket whether it’s through botched processes or stolen innocence.

Will merging political parties then stand the test of time?

To be sincere to ourselves as Kenyans, political mergers will lock out genuinely adored candidates against the tides of “veteran” politicians.

Political parties should be vehicles to drive a national agenda(s) of its members with the aim of exerting influence on development of a nation.

Many have critized Meru Governor Peter Munya and his Bomet counterpart Isaac Ruto, however what many might not know is that they might want to join their parties after a toss by the “preferred” 2017 vehicle, Jubilee Party.

It’s a case of some politician’s burying their heads in the sand thinking they already own JP tickets in coming election. Woe unto you if you are knocked out by competing “worthy” opponents.

Allow me to remind you that Political parties in Kenya, unless you just landed from the moon do not conduct credible party nominations. Infact there are no nominations, who is who is hand picked.

Remember the infamous 1988 Mlolongo elections. Intimidation and thuggery characterized that system that was really unfair.

Remember also, it is only in Kenya where some candidates get nomination certificates days or hours before any nomination exercise is carried out.

Additionally, if you are not in the preferred political-private-vehicle the top candidate with ultimate influence will say that they ask the electorate to avoid political lone rangers because if the ‘government’ needs numbers in parliament.

However, there’s an array of hope, one can vie under an independent candidate.

Should you protect the interests of party owners and their close associates, it’s up to you to choose the best path to take.

Push for MOUs memorandum of understanding, form pre-election coalitions and support the candidate of your coalition choice, or commit political suicide by agreeing to mergers which may eventually send you to custodial exile.

 

 

JSC WANTS DEPUTY CHIEF JUSTICE KALPANA RAWAL INVESTIGATED.

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Attorney General Githu Muigai who is being accused by Deputy Chief Justice Kalpana Rawal of meeting with Justice Milton Makhandia discussed her appeal.
BY SAM ALFAN.
Judicial Service Commission has asked the court of appeal to disregard submission’s by Deputy Chief Justice Kalpana Rawal that Attorney General and Justice Milton Makhandia discussed her appeal.

JSC through senior counsel Ahmednasir Abdullahi said that amounts to cheap gossip and rumors which are meant to scuttle and scandalize the court

JSC urged the court to find that she has committed perjury and must recommend Director of Public Prosecutions Keriako Tobiko to investigate and institute charges against the DCJ.

He said the application by DCJ to disqualify Justice Makhandia is meant to delay the disposal of the case in which Rawal is asking the court to quash a decision of the high court she retire.

This coming in the wake of an application by Kalpana Rawal who wants justice Milton Makhandia one of the seven judges hearing her case where she appealed against her retirement at age of 70 to withdraw himself from the case.

Rawal claims that Makhandia met with the Attorney General Githu Muigai at night on the 5th/6th of February in Karen where they discussed on how to dismiss her case.

Two Supreme Court judges have accused Attorney- General (AG) Githu Muigai of secretly meeting with a Court of Appeal judge to influence the outcome of their retirement age dispute.

Deputy Chief Justice Kalpana Rawal and Justice Philip Tunoi claim that Prof Muigai has been meeting with Justice Milton Makhandia at the Karen County Club to hatch a plot on how to dismiss their appeal against a decision to retire them at 70.

“I am aware that Prof Muigai and Justice Makhandia regularly discuss judiciary affairs at the club. My appeal has been the subject of discussion between both of them and other judicial officers. I am therefore apprehensive that Justice Makhandia cannot be impartial in the dispute,” swore Justice Tunoi.

Justice Rawal made the same claims, forcing the adjournment of the hearing of her appeal after her lawyers George Oraro and Kioko Kilukumi insisted that Justice Makhandia disqualifies himself from the bench.

According to the two judges, the AG and other forces within the Judiciary have conspired to direct the proceeds and influence public opinion to force them out of the Supreme Court.

Senior counsel Dr.John Khaminwa who is appearing as a friend of the court in the appeal case by Deputy Chief Justice Kalpana Rawal on retirement age has hit out at the judges saying that they should not at any time be seen to be mingling with either the executive or the legislature.

He submitted this in the case where Rawal wants Justice Milton Makhandia to withdraw from the case claiming that Makhandia met the Attorney General Githu Muigai at night on the 6th of February in Karen where they decided that her appeal should be dismissed.

In his submissions Dr.Khaminwa in the case where Deputy Chief Justice Kalpana Rawal wants Judge Milton Makhandia to recuse from the appeal on the retirement age blasted the judges saying that they have put judiciary in disrepute by their actions.

Khaminwa submitted that that judges must not hold any meetings with members of the National assembly or even the executive in their personal capacities.

However Nairobi activist Okiya Omtata argued that Rawal has not tendered any evidence to back up her claims.

Justice Tunoi’s lawyer Fred Ngatia argued that Prof Muigai has held a hard-line position that all judges must retire at 70, and his meeting with Justice Makhandia to discuss the dispute shows he wants to influence the judge to take a similar position.

“Prof Muigai is a member of the Judicial Service Commission (JSC) and wrote an opinion which was extremely partisan. Despite taking a partisan position in the dispute, he wanted to be joined in the case but the court declined,” said Ngatia.

Judge Tunoi also want the presiding judge of the Court of Appeal bench, Justice GBM Kariuki to disqualify himself on grounds that he had fined the judge (Kariuki) Sh500, 000 for contempt of court in 1994.

The ruling on the application will be made on the 11th of March.

ORDERS RESTRAINING LAIKIPIA EAST MP FROM INTERFERING IN A LAND TUSSLE EXTENDED.

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Laikipia East Member of Parliament Anthony Kimaru Mutahi speaking to journalist outside Milimani law courts after high court extended orders stop him from interfering with suit property owned a businessman Stuart Richard Cunningham located in Nanyuki County on Wednesday February 17, 2016.

BY SAM ALFAN.

High ourt has extended orders stopping Laikipia East Member of Parliament Anthony  Kimaru Mutahi from interfering with a 20-acre piece of land in Nanyuki till Friday when the court will give directions.

The MP is in a tussle over the land with a white settler. The land is along Nanyuki-Doldol road, opposite British Army Training camp.

The property has a house, 10 stables for horses, three staff quarters, a garage, a store, a water tank and 15 horses.

In orders issued by high Court judge Joseph Onguto at Milimani, Nairobi, the Inspector General of Police, Joseph Boinett was ordered to provide security for Stuart Cunningham the case is heard and determined.

“The first respondent is hereby ordered to provide security to the petitioner, his family, employees, agents, friends, visitors and friends from the interference of Mutahi,” judge Onguto said.

In the suit filed by lawyer Margaret Shava, Cunningham’s property was invaded on October 3, 2015 by an armed gang of about 50 people.

She said on October 7, her client was granted temporally orders in Nyeri High Court against Mutahi from interfering with the land but the orders have been ignored by Nanyuki officer commanding officer.

“Cunningham, his family and representatives are being physically threatened by hoolgans and that unless they are provided with adequate security, they are apprehensive about their lives and property,” Sava said.

In his affidavit, Cunningham said he has suffered damage worth millions of shillings. He said his life and that of his family were at risk following threats from Mutahi and his agents.

He said due to the destruction of his property, the value had immensely reduced.

“If this application is not granted, the suit will be overtaken by events,” Cunningham said.                                                                                                                  He said Mutahi has no document to show any ownership of the land he had lived on for 21 years. The case will be heard on Friday.

 

JIRONGO STOPS HIS IMPENDING PROSECUTION.

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Former Lugari Member of Parliament Cyrus Jirongo lawyer James Orengo leaving Milimani law courts after high court stopped the intended prosecution against Jirongo on Wednesday February 17, 2016.
BY SAM ALFAN.
High court has stopped the intended prosecution of former Lugari MP Cyrus Jirongo.

Justice George Odunga issued the orders halting the prosecution, pending the hearing and determination of the application lodged in the high court.

Judge said from the submission of Jirongo’s lawyer James Orengo, a case has been made which requires determination.

He said that application be served upon DPP, Criminal Investigation Division Inspector general of police and the attorney general and parties before on February 29 for further directions.

Jirongo was summoned to appear before Chief Magistrate’s court tomorrow to take plea on allegation of fraud and giving false information.

According to the charge sheet filed in court today Tuesday the prosecution alleges that Jirongo on March 27 last year at Directorate of Criminal Investigation (DCI) headquarters in Nairobi he informed Sergeant Maxwell Otieno that he paid Shs 7 Millioni as an alleged balance of payment for purchase of Soy Developers Limited.

Jirongo is expected to take plea on February 9, 2016 with giving false information by allegedly linking former President Daniel Moi’s son to Sh50 million frauds.
Through his lawyer James Orengo, Jirongo claims that the prosecution is a gross abuse of the court process because it discriminates him.

He claims that Soy Developers Company Limited, Sammy Boit Arap Kogo and Antoinette Boit who are the interested parties in the petition are using the matter to settle personal and political scores.
“It is clear that the criminal justice system is being used for the wrong ends and this should be stopped,” said Orengo in court documents.

He adds that the prosecution is not for the public interest but for advancement of the civil cause of the complainants.

Orengo claims that Antoinette Boit and ASL companies are being allowed to use the machinery of justice to cause injustice to other individuals.

“Since 1991 when Jirongo and the two entered to and concluded a commercial transaction for the sale of land through sale of shares in the Attorney General they have not taken any step to enforce alleged wrong doing in the transaction,” said Orengo.

The lawyer claims it is deceitful that they would wait more than 20 years to make any claims against a transaction on the property that had been concluded.

According to him, the Director of Public Prosecution Keriako Tobiko and the complainants are seeking to oppress Jirongo under the criminal law.

On February 13 he was to appear in court after he was summoned last week, but his lawyer JamesOrengo said he was upcountry.

State counsel Daniel Karuri wanted him arrested for failing to honor the summons. He told chief magistrate Daniel Ogembo Jirongo’s lawyer did not give a valid reason why he could not be in court.

Milimani Chief Magistrate Daniel Ogembo said that the politician should honor summons to issued by the court on February 9

Jirongo is to appear in court on February 18 for plea taking in relation to the allegations made against him by businessman Sammy Kogo over sale of his suit property.

However his lawyer James Orengo told the court that Jirongo had not been personally served with summons and the he was away in upcountry.

He persuaded the court not to issue a warrant of arrest, since Jirongo was not aware of the summons; the same was only served on his advocates.

The summons came as result of the application by an investigating officer Eveline Makia applied that suspect be summoned against him Jirongo is alleged to have committed offences in various dates between 1992 and last year in relation to a parcel of land. Makia

She said that after investigations the prosecution is now ready to have Jirongo formally charged.
According to the charge sheet filed in court prosecution alleges that Jirongo committed the said offence between September 25 1992 March 27 last year at Directorate of Criminal Investigation (DCI) headquarters in Nairobi he informed Sergeant Maxwell Otieno that he paid Shs 7 Millioni as an alleged balance of payment for purchase of Soy Developers Limited.

This is despite the fact that Jirongo knew the information was false, intending thereby to cause Otieno to arrest Moi as an accomplice in the alleged fraudulent purchase of Soy Developers in which the CID officer ought not to have done if the true state of facts in relation to such information were known to him.

Jirongo is also set to answer charges of obtaining execution of a security by false pretenses.

The prosecution further alleges that Jirongo on September 25,1992 in Nairobi by false pretenses and with intent to defraud, he induced Post Bank Credit Limited to accept Bank Charge.

This was in respect of a parcel of land LR NO. 209/11151-IR 47029 registered in the name of Soy Developers Limited to secure a Shs 50 Million overdraft facility to Cyber Projects International as valuable security.

Justice Odunga fixed the matter for hearing on 29 of February for further directions.

SUSPECTS IN THE SH791 NYS SCAM FAIL TO TURN UP IN COURT.

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Former Devolution Permanent Secretary Peter Mangiti National Youth Service boss Nelson Githinji and businessman Benson Gethi at Milimani law court on Tuesday February 16,2016.

BY SAM ALFAN.

A key suspect in the Sh791 million National Youth Service scam failed to appear in court on Tuesday- a day after a sensational affidavit linking former Devolution Cabinet Secretary Anne Waiguru to the saga was made public.

The trial court was told that Josephine Kabura Irungu, who filed the affidavit dragging Waiguru’s name into the controversial Sh791 million payments, and her co-accused person –Samuel Wacheje- were unwell and could not appear for the mention of their case.

Chief Magistrate Daniel Ogembo directed that they produce their medical reports by the next hearing date. “I direct the prosecution to supply the defense with the copies of witness statements,” Ogembo also ordered.

In the case, NYS boss Nelson Githinji and Devolution Permanent Secretary Peter Mangiti were charged last year with tempering with public officers by threatening and intimidating NYS Senior Deputy Director General Adan Harakhe against reporting the loss of Sh695 million to the Directorate of Criminal Investigations (DCI).

At the same time, 23 others were charged with conspiring to defraud NYS of Sh791 million, engaging in organized criminal activity, abuse of office and breach of trust.

Regina Mungai, Fredrick Nachiche, Josephine, Peter Otwoma, Hendrick Pilisi, Ben Muchemi, Wacheje, Jane Wangechi, David Alunga, Titus Libondo, Chemos Ndiema, Naftali Githinji, Ruth Hihu, Charles Nyaachi, Mary Mbuthia, Ezekiel Kamau, James Kanuthi, Samwel Kilonzo, Philip Otunga, Jennifer Mugure, Rhoda Makau, Joel Karenju and Francis Kariuki are some of the officers to face prosecution under this offence.

The officials have also been accused of engaging in criminal activity and abuse of office.

Regina Mungai and Hendrick Pilisi were also accused of making false documents contrary to section 347(A).

Early June last year Waiguru had stated that officers in her ministry had detected irregular transactions under the Integrated Financial Management Information Systems (IFMIS) amounting to Sh826 million, but however clarified that no monies had been paid.

Yesterday fresh revelations emerged about off-the-cuff dealings of Former Cabinet Secretary Anne Waiguru at National Youth Service (NYS).

Information in a sworn statement by Josephine Kabura Irungu, a business lady, it has developed that the the Cabinet Secretary established a conduit to award NYS cronies tenders.

Details show Ms Kabura an ally of Ms Waiguru between April and 2012.

According to her, Waiguru had been tipped off to be in the Cabinet of the party she was involved in campaigns. The party later formed the Jubilee government.

She alleges meeting the former CS at KDN. She would later visit her Runda Evergreen House Number 29 to plan how to do business with government.

“We became friends and great acquaintances,” she states.

Could it be a friend turn foe tell-tale story? In occurs that the scheme to rip off Tax-payers money kicked off before the ballot was cast in March 4, 2013.

Kabura explains: “ She (Waiguru) informed me she could link me with influential and resourceful contractors at the Finance Ministry including Mr Karani Nyamu whom she introduced as (her  close friend and business associate) who she told me she had assisted in securing major contracts through his companies Verve K.O and Zinga technologies…”

More, October 7, 2014, the affidavit details Betty Maina, Personal Secretary to Ms Waiguru meeting Kabura at restaurant near Uchumi House Nairobi. In this forum, business kicked off.

“She gave me about seven copies of certificates of incorporation of the companies the CS had assisted to be registered,” Kaburas’ statement reads.

Eventually, “The Cabinet Secretary instructed me to open bank accounts for the companies at Family Bank and Specifically at Kenya Tea Development Authority Plaza (KTDA)

It was at this point, Kabura says milking the nation’s taxes would take place. November 2014, the first Local purchase Order (LPO) to her firm was issued by Hassan Noor_ Director Administration and planning Devolution Ministry, for the delivery of construction materials for Kibera project.

Hassan Noor is one of the Key officers allegedly introduced to Kabura between August and September 2014 by the Cabinet Secretary. Others include: Adan Harakhe, who is said was poised for a senior administrative position at the NYS, Mutahi Ngunyi_a consultant at NYS and Loise Nyamu Mbarire, Ms Waiguru’s Elder Sister.

“She informed me that four people excluding Loise will be of assistance in processing of tenders and payments for the goods supplied and services rendered. Loise’s role would be to pay supply Agents and move profits,” she details.

The seed capital for Kibera project was provided by the former CS to start the supply and Sh. 24 Million was brought by Loise Mbarire.

A riveting account of Kabura notes that CS Waiguru stated that, ‘in big deals, there are normal Government bureaucratic delays in remittance of payments and she therefore advised that it would be wise to have some business front to rely on.

To process the payments for the Supply, One Mr Mutahi Ngunyi is said to have facilitated the account particulars where Kabura deposited Sh 1.5 Million.

 

LAWYER TO CONTEST LSK POST AFTER COURT ORDERS HIS INCLUSION ON THE BALLOT.

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Lawyer Okong’o Omogeni for the lawyer Frank Ochieng’ Walukwe who is contesting for the position of law society of Kenya Council member post outside Milimani law court on Tuesday 16 February ,2016.

BY SAM ALFAN.

High court has quashed the decision of Law Society of Kenya (LSK) to refuse to enter the name of lawyer Frank Ochieng’ Walukwe as the council member of the law society of Kenya contestants.

Justice Korir allowed Ochieng’, one of the contestants, who was allegedly denied an opportunity to contest as national council member to vie for the seat on the grounds that he is eligible.

“The applicant is indeed eligible to contest for the post of Council member of the Law Society of Kenya” Justice Korir.

Korir also prohibited LSK and Independent Electoral and Boundaries Commission (IEBC) from excluding the name of the applicant from the ballot papers claiming that there are no regulations barring him from contesting.

“The application also succeeds that the applicant was treated differently from other candidates who had not met the eligibility criteria at the time of lodging of nomination papers” ruled the judge.

Judge Korir added that there are no regulations set in place to govern LSK elections and thus the lawyer was discriminated and LSK acted contrary to the law.

The judge said the candidate is eligible because there are other candidates who were allowed and had submitted their papers as late as this year.

“The society by allowing other candidates to rectify their papers on unknown dates between 24 November and 1 February cannot be allowed to claim that the election process commenced at the time the candidates submitted their nomination papers” ruled Korir.

Korir added that LSK exercised discretion in a biased while it let it open for other candidates and closed for the applicant.

“It is not about popularity but the violated rights, the candidate was treated unfairly,” said Korir.Ochieng’ Moved to court claiming that LSK had barred him from participating in the coming February 25 elections.

Through his lawyer Okong’o Omogeni, Mr Ochieng told the court that he was denied the opportunity to participate in the elections for the simple reason that he was not eligible.

Mr Omogeni said that at the hearing of the judicial review application, he will be seeking to quash the decision of LSK to refuse to enter the name of the applicant as one of the contestants.

The court will also be asked to prohibit LSK and IEBC from excluding the name of the applicant from the ballot papers.

Ochieng claimed that on September 17, 2015, LSK issued a notice of elections requesting the nomination of candidates for elections.

He added that he completed filing the nomination papers and they were returned to him on Friday November 10, 2015.

“I was shortlisted by LSK to contend for the seat of council member at the national office on November 24, 2015,” said Ochieng’.

He adds that the Law Society Act provides that a person is eligible to vie for the position provided he is a member of the society and has been in practice for at least two years from the date of admission.

“I have been an advocate of the High Court since January 23, 2014 and therefore I am eligible to vie for the council position,” said Ochieng’.

The petitioner claims that he saw the notice on social media on February 1, 2016 informing him that he was not eligible to vie for that position.

He claims that he was not given an opportunity to be heard before LSK reached the decision.Ochieng claims that LSK has not communicated with him officially and terms its action a violation of the law.

WAIGURU DRAGGED IN THE SH791 MILLION NYS SCAM AGAIN.

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Former Cabinet Secretary Anne Waiguru  who has been dragged afresh into National Youth Service (NYS).

BY KURIAN MUSA.

Fresh revelations have emerged about off-the-cuff dealings of Former Cabinet Secretary Anne Waiguru at National Youth Service (NYS).

Information in a sworn statement by Josephine Kabura Irungu, a business lady, it has developed that the the Cabinet Secretary established a conduit to award NYS cronies tenders.

Details shows Ms Kabura an ally of Ms Waiguru between April and 2012.

According to her, Waiguru had been tipped off to be in the Cabinet of the party she was involved in campaigns. The party later formed the Jubilee government.

She alleges meeting the former CS at KDN. She would later visit her Runda Evergreen House Number 29 to plan how to do business with government.

“We became friends and great acquaintances,” she states.

Could it be a friend turn foe tell-tale story? In occurs that the scheme to rip off Tax-payers money kicked off before the ballot was cast in March 4, 2013.

Kabura explains: “ She (Waiguru) informed me she could link me with influential and resourceful contractors at the Finance Ministry including Mr Karani Nyamu whom she introduced as (her  close friend and business associate) who she told me she had assisted in securing major contracts through his companies Verve K.O and Zinga technologies…”

More, October 7, 2014, the affidavit details Betty Maina, Personal Secretary to Ms Waiguru meeting Kabura at restaurant near Uchumi House Nairobi. In this forum, business kicked off.

“She gave me about seven copies of certificates of incorporation of the companies the CS had assisted to be registered,” Kaburas’ statement reads.

Eventually, “The Cabinet Secretary instructed me to open bank accounts for the companies at Family Bank and Specifically at Kenya Tea Development Authority Plaza (KTDA)

It was at this point, Kabura says milking the nation’s taxes would take place. November 2014, the first Local purchase Order (LPO) to her firm was issued by Hassan Noor_ Director Administration and planning Devolution Ministry, for the delivery of construction materials for Kibera project.

Hassan Noor is one of the Key officers allegedly introduced to Kabura between August and September 2014 by the Cabinet Secretary. Others include: Adan Harakhe, who is said was poised for a senior administrative position at the NYS, Mutahi Ngunyi_a consultant at NYS and Loise Nyamu Mbarire, Ms Waiguru’s Elder Sister.

“She informed me that four people excluding Loise will be of assistance in processing of tenders and payments for the goods supplied and services rendered. Loise’s role would be to pay supply Agents and move profits,” she details.

The seed capital for Kibera project was provided by the former CS to start the supply and Sh. 24 Million was brought by Loise Mbarire.

A riveting account of Kabura notes that CS Waiguru stated that, ‘in big deals, there are normal Government bureaucratic delays in remittance of payments and she therefore advised that it would be wise to have some business front to rely on.

To process the payments for the Supply, One Mr Mutahi Ngunyi is said to have facilitated the account particulars where Kabura deposited Sh 1.5 Million.

story to be updated with more information shortly.

HIGH COURT JUDGE PULLS OUT OF BRIBERY CASE.

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High court Judge, Justice Lenaola who has disqualified himself from hearing the case in which Nairobi County Chief of Staff George Wainaina Njogu is seeking to stop criminal case
BY SAM ALFAN.
High court Judge has disqualified himself from hearing the case in which Nairobi County Chief of Staff George Wainaina Njogu is seeking to stop criminal case in which Nairobi Senator Mike Sonko accused Wainaina of attempting to bribe him with Sh7 million.

Justice Isaac Lenaola disqualified himself from hearing the case saying he received some comments which he termed as offensive.

“I will not continue hearing this matter because I received some comments last week which are offensive,” said Lenaola.

He directed the matter to be heard next week by Justice Joseph Onguto.
Mr Lenaola also extended the orders sought by Wainaina to remain in office pending the inter-party hearing in February 23.

When he was issuing the orders Lenaola said he wanted to hear the response from the side of Ethics and Anti-corruption commission, DPP Keriako Tobiko and Nairobi Senator Mike Sonko before I give further directions

“I have to hear the response from the side of Ethics and Anti-corruption commission, DPP Keriako Tobiko and Nairobi Senator Mike Sonko before I give further directions,” said Lenaola.

Through his lawyer George Kithi, Wainaina claims that the process of prosecuting him was unconstitutional. He claims that Nairobi Senator Sonko has arrogated himself statutory powers of investigation of alleged economic crimes.
Kithi said that by a press statement dated January 4, 2016 Sonko arrogated himself the powers to direct DPP and that of EACC in the investigations of the alleged crime.
He added that pursuant to that press release which he terms illegal, the DPP and EACC allegedly launched investigations and proceeded to arrest and charges him.

Wainaina claims that his rights have been violated and the findings of the investigations are not based on factual information.

Nairobi Senator Mike Sonko has told a court that he has a secret video recording capturing the moment a senior City Hall official attempted to bribe him with Sh7 million.

Senator Mike Sonko has accused Nairobi chief of staff George Wainaina of steering corruption cartels in the county government.

The flamboyant senator also denied receiving the bribe from the Nairobi county Chief of Staff George Wainaina.

Wainaina and his secretary Roslyn Aluoch were arrested on January 7 for allegedly offering a Sh1 million bribe to Sonko to drop a land-grab case.

The case involves a Loresho plot owned by the Nairobi Water and Sewerage Company.
In a sworn, Sonko says his office has received several complaints from the public about cartel-led county corruption.

These include theft of public funds and forcible acquisition of public and private land, he says.
Sonko says most complainants were afraid to come out in public for fear of losing their lives or being victimized by the cartels.

The senator was responding to Wainaina’s petition seeking to have his criminal trial suspended.
Sonko says the audio and video recording at his office is “overwhelming evidence” that Wanaina was bribing him to silence the “corrupt and fraudulent” activities by some county officers.

He said the chief of staff approached him after his press briefing on January 4.

Mr Sonko was responding to wainaina allegation that he sensationally claimed that Nairobi senator Mike Sonko allegedly solicited Sh 7 million from him in order to drop corrupt charges against him.

Wainaina through his lawyer James Ochieng’,Wainina claims that the process of prosecuting him was unconstitutional.

In his documents filed in the high court, seeking to stay the criminal proceedings against him, he has faulted Director of Public Prosecution and Ethics and Anti-corruption commission for failing to conduct proper investigations.
In his court documents, County official claim’s the city politician tried to solicit the money through Nairobi TNA party chairman John Njoroge and Brian Kamau Mugo.

According to the documents, the two intimated they had been requested and authorized by the senator broker and resolve the dispute.

“The two floated a figure of Shs7 million payments to the politician to facilitate the withdrawal of the bribery case facing Wainaina” state the documents.

Wainaina adds the two also called his brother namely Moses Wainaina Njogu and John Gichua Njogu with the same proposal.

He says the decision of DPP and EACC at the instigation of Senator Sonko to arrest and prosecute him without proper investigations and making public disparaging press statements without evidence is aimed as a criminal besmirching as a the chief of staff.

“The findings of the respondents are not based on any factual information based on investigations” argues Wainaina.

He has accused the office of Director of Public Prosecution of abusing powers following a decision to arrest and prosecute him hence violating of his constitutional rights and freedom.

’’This is submissions of administration of justice and it’s aimed at illegal curtailing the petitioner personal liability contrary to the constitution” he claims.

Ochieng added that unless the petition is certified urgent the respondent will continue with the prosecution process which he terms illegal.