Blog Page 245

GALOT COMPANIES FAILS TO STOP PROSECUTION OF TOP MANAGERS.

By Nairobi Times -
0
Rajeev Modi, Pushpinder Singh Mann and Jophece Yego who are facing perjury charges.

BY NT CORRESPONDENT.

Attempt by Galot Group of companies to stay criminal proceedings in a criminal trial where three of it’s managers accused of perjury has failed.

This is after the trial magistrate Martha Mutuku declined to stay the proceeds against Rajeev Modi, Pushpinder Singh Mann and Jophece Yego and instead directed the parties to serve other parties to enable them respond to the application.

Galot Industries Limited, Manchester Outfitters Limited and Kingwoolen Mills Limited in their application is seeking to stay the criminal proceedings against the three senior officials pending hearing and determination.

It is also seeking to terminate the criminal proceedings against Rajeev Modi , Pushpinder Singh Mann and Jophece Yego who are facing perjury charges who are the officers of the Galot group companies.

They also want court to direct Director of Criminal investigation be immediately commence investigations into the conduct of Pravin Galot together with Michael K. Sang and Erick Murithi for making of the false report and statements precipitating the charges facing the accused persons.

They said Pravin Galot together with Michael K. Sang and Erick Murithi are not directors of Galot Companies.

Rajeev Modi , Pushpinder Singh Mann and Jophece Yego are charged that on February 26 last year at LDK House Dunga road in Nairobi county convened a meeting purportedly as directors and company secretary respectively of Galot Industries Limited and nominated Rajeev Modi so as to aid him to swear an affidavit for purpose of withdrawing criminal case Number. 276 of 2018 which is currently before the Chief Magistrates court ( city court) a fact they knew to be false.

Rajeev Modi is alone accused on March 2 last year at St George’s House Parliament road in Nairobi county falsely made oath before Alice Jonathan Gulenywa a commissioner of oaths , in an affidavit to be filed in criminal case number 276 of 2018 before city court one in an attempt to have the case withdrawn from court by purporting to be a director of Galot Industries Limited, Manchester Outfitters Limited and Kingwoollen Mills Limited.

They claimed Pravin Galot made a false report to the officers of DCI on the basis that he is a director of the companies.

They said the companies doesn’t have complaint against the accused persons.

Rthey claimed Pravin gave malicious information to the DCI officers with intention to cause Pushpinder Singh Mann and Jophece Yogo to be apprehended and charged before court knowing that the same was false.

The companies alleged Pravin has fabricated evidence that he is a Director of the said companies and he has intention of deceiving the court.

EACC OPPOSES BAIL FOR SAMBURU GOVERNOR.

By Nairobi Times -
0
Samburu Governor Moses Kasaine Lenolkulal.

.BY SAM ALFAN.

Ethics and Anti-Corruption Commission has vehemently opposed application by Samburu Governor Moses Kasaine Lenolkulal seeking to be admitted on anticipatory bail or bond pending any arrest, investigation or prosecution.

The commission through and application by investigating officer Joel Khisa said it is investigating corruption and economic crimes , bribery , conflicts of interest involving contractors and Samburu County Government officials.

While opposing the application, EACC said the Governor has the opportunity to challenge the orders in the two matters before court issuing the application and may seek appropriate reliefs for the alleged breaches of his rights.

Khisa said it is only logical that with respect to search warrants no notice is issued to a party prior to searches being conducted as such action certainly prejudices investigations as evidence sought may be concluded or destroyed.

He said the commission acted lawfully and with due regard being at all times to the applicants constitutional rights and the allegations that he was harassed or humiliated are unfounded and made in bad faith.

EACC said Lenolkulal has nonetheless been granted an opportunity to record statements in the matter as evidenced.

The commission said the Governor apprehension in his supporting affidavit that he faces imminent arrest and charging are merely speculative and based on conjecture and investigations is still at the initial stage having recently obtained the search.

“Furthermore the outcome of those investigations is unknown at this particular stage and cannot be pre-empted by the applicant or the court hence there is no real danger of the applicant as alleged,” said Khisa.

At the same time the Director of Public Prosecution has also opposed application on grounds that Lenolkulal allegations do not meet the legal threshold for granting anticipatory bail.

Prosecution added that anticipatory can only be issued where applicant demonstrates that his fundamental rights are in danger of being seriously breached by state organ which the Governor has failed to do.

This is after the governor who is under investigations for fraud of over Sh 2 billion moved to court seeking to be admitted on bail pending his arrest and prosecution.

“This court be pleased to admit the applicant (Moses Kasaine Lenolkulal) to anticipatory bail pending any arrest , investigation or charge on terms and conditions that this court deems fit in the circumstances,”. urged Lenolkulal.

He said about February 20,2019 Ethics and Anti-Corruption Commission servants, juniors , officers or persons acting under the commission’s directions invaded his residents both in Nairobi and Maralal and his office in Maralal in such of what they termed as evidence.

The governor added after search , EACC officers took him to their offices located at Integrity Centre where he bonded to appear in their offices on February 25 this year.

” When i appeared before EACC offices , i was asked to record a statement which i did and again i was bonded to appear before the same office on March 4,” said the Governor.

He added on or about March 5,2019 he learnt of haunting and unnerving information vide social media platform in Samburu County including Samburu County forum that the commission had obtained orders freezing his bank account.

“Upon carrying out internal investigations , i came to learn that indeed the commission had obtained orders vide miscellaneous criminal application No. 979 of 2019 to freeze and investigate my banks five bank accounts held at Kenya Commercial Bank,” said the Governor.

Lenolkulal argued that he is apprehensive that EACC in conjunction with Inspector General of police and Director of Public Prosecution are planning to arrest and detain him on frivolous and tramped up charges aimed at harassing, humiliating and disparaging him in utter violation of his rights.

He claimed he is a man of good reputation who has wrongly been subjected to public ridicule which meets the agenda of the EACC and any further action by the commission or IG and DPP will greatly undermine his right to human dignity.

The governor says that he once admitted to bail, he undertake to continue co-operating with the commission in the event they take decision to charge him and avail himself in court.

APPEAL COURT ACQUITS MAN FACING 15 YEARS IMPRISONMENT ON DEFILEMENT.

By Nairobi Times -
0
Court of Appeal Patrick Kiage who is among thre judge bench who set free a man jailed for 15 years over defilement of 17 year girl.

BY NT CORRESPONDENT.

Court of Appeal has set free a man jailed for 15 years over defilement of minor.

In their Judgement Justice Roselyn Naliaka Nambuye, Daniel Musinga, Patrick Kiage set aside trial court decision that sentenced Eliud Waweru Wambui to 15 years imprisonment for the offence.

The three appellate judges while overturning the lower court decision that the conviction was not safe given the full circumstances of the case and the sentence clearly imposed on the basis of a mandatory minimum was clearly harshly and excessive.

“We allow the appeal, quash the conviction and set aside the sentence. The appellant shall be set at liberty forthwith unless otherwise lawfully held,” ruled the judges.

They further concurred with the trial court erred by failing to consider evidence to fresh scrutiny, reevaluate the evidence tabled before it and analyze as required of it.

The three Judges noted that our prisons are teeming with young men serving lengthy sentences for having had sexual intercourse with adolescent girls who consent has been held to be immaterial because they were under 18 years .

“The wisdom and justice of this unfolding tragedy calls for serious interrogation,” said the judges.

They also said that a candid national conversation on this sensitive yet important issue implicating the challenges of maturing, morality, autonomy, protection of children and the need for proportionally is long overdue.

Waweru had been charged that on the month of May 2009 at Makuyu township in Muranga county he committed an act with a 17 and 5 months year old girl.

He further faced an alternative charge that on the diverse dates from January 2009 and November 16 ,2009 at Makuyu township in Muranga he committed an indecent act with 17 year and 5 months girl.

He had denied the charges and prosecution called five witnesses where upon conclusion of the case, the trial magistrate found Waweru had a case to answer.

Trial magistrate Senior Principal Magistrate L. M. Wachira found the main charge was proved against Waweru and convicted to 15 years imprisonment.

Waweru was aggrieved by the decision of the trial court before the high court but justice Achode dismissed it in the year 2014.

He filed the memorandum of appeal before the appellate court on the ground that the court erred in law and fact by failing to notice the ingredients of the offence as charged were not proved.

Waweru said there were material errors in the prosecution evidence contained in exhibit one in that the date of issue of the birth certificate took place before complaint was born and there was likelihood that the charges against him were borne out of malice and ill-will due to the fact he failed to pay the compensation as required by the girl.

He also argued that the court erred by failing to notice that the appellant reasonably believed that the complaint had granted her consent and that she had granted the said consent and believed she was of full age and capacity to contract a marriage.

Waweru added that the fact that the complaint was school going girl did not itself mean that she was under the age of 18 years.

He said the local chief is said to have led some negotiations between the appellant and the complaint’s father which did not bear fruit because the appellant did not have the money demanded ” it is not possible that the complainant was under age and the chief could
not possibly have actively condoned an illegality.

He thus submitted Waweru said the the girl must have decided to “to fix” him for failing to part with the sum of money requested”

Waweru said the complaint presented herself to him as mature girl who was ripe for marriage and she indeed testified that she and he were married.

“The mere fact that the complainant made the appellant her boyfriend had sex by consent several times and was willing to get married to the appellant shows that the complainant presented herself before the appellant as a mature girl ready to get married.

After the parents of the complainant were made aware of the same, they approached the appellant for discussions of the way forward and if the appellant had agreed to pay the sum requested they would not have reported. It is clear therefore that the charges facing the appellant were driven by ill will and vendetta for non payment of Sh 80,000.00,” observed judges

KTDA BOSSES RISK JAIL OVER KIRU FACTORY FIASCO.

By Nairobi Times -
0
Kenya Tea Development Agency Chief Executive Officer Lerionka Tiampati./FILE PHOTO.

BY SAM ALFAN.

The appellate court has thrown out an application by directors of Kenya Tea Development Agency (KTDA) led by Chief Executive Officer Lerionka Ole Tiampati, seeking a review of a decision that found them guilty of contempt of court.

Others who had sought a review are former Company Secretary John Omanga and four directors of Kiru Tea Factory.

A three-member bench said the aggrieved officials had not demonstrated or placed new compelling reasons to nullify the February 22 decision that found them guilty of disobedience of court orders.

The directors had been stopped from interfering with the leadership and management of the 8,000-member Kiru Tea Factory in Murang’a County.

The six are required to appear before Justices William Ouko, Fatuma Sichale and Otieno Odek on Thursday April 4, for sentencing.

“The court will not entertain deliberate waste of precious judicial time meant to delay, derail or scuttle the determination of the contempt proceedings,” the Judges said.

A similar application to terminate the proceedings was dismissed on May 14, last year.

The six officials had flouted sanctions imposed on December 6 and 21, 2017 against KTDA Holdings and KTDA Management Services from conducting any meetings or causing the nomination of directors of the factory pending an appeal challenging the alleged ouster of its Chairman Chege Kirundi and Company Secretary Bernard Kiragu.

The court directed Tiampati, Omanga, Stephen Githiga, Easton Gakungu, Peter Kinyua and Francis Macharia to present themselves in court on April 4 for mitigation and sentencing. They are at liberty to file sworn defence statements.

Lawyers Waweru Gatonye and Benson Milimo applied for more time to enable them prepare affidavits on behalf of the six officials. Senior Counsel Paul Muite and lawyer Kithinji Marete adopted their statements demanding six-month imprisonment for each of the officials.

In the protracted case, Kirundi and his allies, who are facing rebellion from the Githiga group, had secured an injunction stopping interference with the giant factory’s leadership. Kirundi and co-directors Kiragu, John Ngari (Vice-Chairman) and Christopher Mwangi (Auditor) have accused their rivals of trying to paralyse operations of the firm at the behest of powerful individuals who are seeking control of the tea industry in the region.

The Appellate bench had observed that KTDA-HC and KTDA-MS appeared intent on Omanga’s nomination to replace Kiragu and the rivalry between the warring parties was likely to cause considerable harm to the farming community. Omanga was reportedly removed from the Kiru board on September 11, 2017 and replaced by Kiragu.

High Court Judge Msagha-Mbogholi had affirmed Githiga’s suspension by the Kiru board on April 28, 2017 on grounds that he had not exhausted the legal disciplinary machinery provided by law.

He was reportedly sacked because of conflict of interest arising from his appointment to head a private large-scale firm in January 2017.

JUDGE WANJALA WANTS BRIBERY CLAIMS PROBED BY MUILTI-AGENCY TEAM.

By Nairobi Times -
0
Renowned scholar Supreme Court Judge Smokin Wanjala.

BY SAM ALFAN.

Justice Smokin Wanjala has called for thorough probe by a multi-agency team on bribery allegations against him and his Supreme Court colleagues Mohamed Ibrahim, Jackton Ojwang and Njoki Ndung’u.

In reply filed through Senior Counsel Fred Ojiambo, the renowned scholar argued that the Judicial Service Commission (JSC) had no power to interrogate Supreme Court Judges.

He said he is prepared to co-operate with investigative agencies to unearth the “grossly unsubstantiated allegations” made by Jared Ongeri through his advocate Omwanza Ombati.

“Justice Wanjala is equally eager to have the allegations leveled against him investigated and to have his name and reputation cleared. He shall to that end seek to co-operate with the organs investigating to ensure a speedy and effective investigation,” he said.

“The JSC, in its juristic composition and structural inventory, has no jurisdiction and functional capacity to investigate complaints contained in petitions presented under Article 168 (3) of the Constitution. The JSC, by Article 172 of the Constitution, can only investigate complaints against Registrars, magistrates and other judicial officers and staff of the Judiciary but not Judges,” Ojiambo said.

“If the accusers of Justice Wanjala have themselves realized the deficiencies of their complaints and have instead prayed that further investigations be conducted, can the JSC make a determination that is expeditious, efficient, lawful, reasonable and procedurally fair before the investigations are concluded” the veteran lawyer posed.

He said the complainant enjoyed the civil and political constitutional rights to lodge his grievances with the Ethics and Anti-Corruption Commission (EACC) and the Directorate of Criminal Investigations (DCI). “The petition (by Ongeri) is totally pre-meditated, premature and a cruel assault, without any factual justification, against the character, integrity and standing of Judges of the apex court in the land,” Ojiambo pointed out.

The lawyer demanded specific details to prove that Eldas Member of Parliament Adan Keynan paid Sh15million bribe to Justice Wanjala to influence him to rule in favour of Wajir Governor Mohamed Abdi. Further, he wants identities of persons the Judge allegedly constantly communicated with during the pendency of the election petition before the Supreme Court.

Ojiambo told the JSC to provide information regarding the alleged travel to London by Justice Wanjala and Keynan. He wants the date and time in September last year when Justice Wanjala allegedly received Sh75million bribe from Sheikh Yunis and the details of the Toyota Land Cruiser V8 that allegedly ferried the money.

The lawyer asked for specific details regarding the alleged meetings between Justice Wanjala and Yusuf Omar Mohamed “for purposes of procuring girls” for the Judge.

Ojiambo recalled that lawyer Omwanza Ombati had already filed an application for review the Wajir gubernatorial election petition. The lawyer had written to the JSC on behalf of Jared Ongeri, alleging bribery and misconduct against the Judges.

“Whatever has been alleged in the petition concerning the relationship between Keynan and Justice Wanjala or other Supreme Court Judges is grossly unsubstantiated and requires further investigation before any conclusion even by the JSC is drawn,” Ojiambo said.

“Whatever has been alleged in the petition and letter dated March 11 concerning Sheikh Yunis Ibrahim Advocate, specifically his alleged role, the land transaction through which money was alleged to have been raised and contacts/ networks to Supreme Court Judges between August 2018 and March 2019 is grossly unsubstantiated and requires further investigation before any conclusions by the JSC can be drawn,” the advocates submitted.

“All that has been alleged in the petition and letter dated March 8 concerning Justice Wanjala and other Justices of the Supreme Court are grossly unsubstantiated and require further investigation by a multi-agency investigating team before any conclusions even by the JSC can be drawn,” they said.

The learned judge said some of the paragraphs in the petition invites JSC to consider propriety of the merits or lack of the rulings and ultimately a judgment of the supreme court.

He added that those paragraphs are grounds to challenge the ruling and judgment of the supreme court.

“The paragraphs are essentially an appeal of the rulings and judgment of the supreme court to the JSC,” said the learned judge.

He added that JSC has been invited to sit on appeal of the substantive decisions of the supreme court and render an opinion by either rejecting their merits or advising the president under Article 168(4) of the constitution to constitute a tribunal for hearing the allegations with a view to removal of the named justices of the apex court.

FORMER NYANDARUA FINANCE BOSS ON THE RADAR OVER MISSING Sh115 MILLION.

By Nairobi Times -
0
Nyandarua County Government.

BY SAM ALFAN.

High Court has frozen eight bank accounts belonging former Nyandarua County chief of finance Michael Kamau Kuria, his relatives  and several business entities for a period of six months pending investigations into allegations of embezzlement of over Sh 115 million.

Justice Mumbi Ngugi of the Ant-Corruption Court prohibited them from transferring or in way dealing with  the money in eight bank accounts held at equity bank after EACC file an application seeking to  have the respondents barred from accessing the monies in the said accounts.

Those affected are Kamau, his wife Catherine Wanjiku Njeri, Agnes Wanjiku (mother) and his business partner Henry Njoroge Githaiga, Wanjohi Contractors and General Supplies Limited, Olkalau Ventures , Kianjuiri General Contractors and Supplies limited, Kiambaga Enterprise, Githioro Contractors and General Supplies Limited , Jilsu General Contractors and supplies limited , Silverdola General Contractors and Supplies , Rurii Enterprise and Gachomba and Company Properties limited.

“I hereby issue an order prohibiting the respondents herein by either themselves or their agents or servants not to in any way transferring , disposing,charging, wasting or dealing with the listed properties for a period of six months,” ruled the Judge.

The  respondents were further barred from dealing with twelve other properties namely Dundori/lanet block 5/2232(kiamunyeki ‘A’), Dundori/lanet block 5/1014 (kiamunyeki ‘A’), Dagoretti /kinoo/47, Dagoretti /kinoo/3213, Dagoretti /kinoo/4469, Kiambu/Municipality/block 1/233, Kikuyu/Kikuyu/Block 1/891, Limuru /Kirenga/T.218, Kikuyu/Kikuyu/block 1/1125, Dagoretti/Kinoo/4210/ Dagoretti/Kinoo/4211, Limuri/kirenga/T.225.

They were further prohibited from transferring or dealing in any way with four motor vehicles Reg Nos KCB 253B , KCH 101P , KCF 410P and KCE 039 L for a period of six months pending probe.

Justice Ngugi issued the orders after the Ethics and Anti-Corruption commission filed a certificate of urgency  seeking orders to prohibit respondents from dealing with said to money, land and motor vehicles to enable them to investigate allegations of embezzlement of public funds , irregular procurement, bribery , abuse of office and conflict of interest by current and former public officials of the Nyandarua County Government.

In the affidavit sworn affidavit by agency through investigating officer Abel Tunga Marevu said investigation has so far revealed Kamau is associated directly with or through proxy companies and business firms which have been trading with Nyandarua county government contrary to the law.

The commission says that preliminary investigation show that Kamau and companies associated with him received substantial amount of funds Sh 115,067,224 from Nyandarua County Government in suspicious procurement dealings between January 2014 and December 2017

In documents filed in court show that funds were used to acquire properties including motor vehicles registered in the name of Michael Kamau and Gachomba and company properties limited where he is a mandatory signatory to the accounts.

“EACC is apprehensive that with the above discovery and ongoing investigations , the said properties are at risk of being transferred , sold, charged or otherwise wasted thereby occasioning great losses to the public coffers and jeopardizing recovery of the properties”, the commission said.

The commission said it is necessary to prohibit any dealings with the above properties to enable it complete its investigations, to obviate a situation whereby the investigations and the intended recovery or restitution proceedings may be compounded or rendered nugatory altogether.

EACC added that investigations are likely to take some time and in the absence of a preservation order, the subjects were likely to interfere with the properties to the detriment of the public.

The companies were awarded various tenders at Nyandarua County Government through procurement irregularities, double award of tenders , conflict of interest, abuse of office, bribery and corruption.

The awards were facilitated by senior employees of Nyandarua County Government where they colluded to invite only the above stated select number of companies all associated with Michael Kamau Kuria to bid for tenders to the exclusion of all prequalified suppliers.

The companies allegedly illegally and deceptively quoted prices in an attempt to complete against themselves with the lowest bid still being above the prevailing market prices.

“Once the companies received payments from the County Government of Nyandarua the funds were withdrawn in cash from the company accounts with further substantial amounts being channeled to the account of Gachomba and Company properties limited where Kamau is a mandatory signatory to the accounts,” said the investigating officer.

The officer said Kamau had hidden a significant number of the procurement files and it took the intervention of the court through search warrant issued on February 28,2018 for them to be discovered at one of his properties, The Villa Moran Apartments which sits on Dagoretti /Kinoo/47.

EACC claims that has so far discovered 14 procurement files involving the on-going probe. He said the action of Kamau and circumstances under which the properties were acquired amount to corruption and economic crimes.

STICK TO YOUR LANE, GOVERNOR SONKO TELLS CITY LAWYER.

By Nairobi Times -
0
Nairobi City County Governor Mike Sonko.

BY SAM ALFAN.

Nairobi Governor Mike Sonko has dismissed a petition filed by a city lawyer seeking to declare him as unfit to hold public office and bar him from performing his constitutional duties as the county boos.

In documents filed in court Sonko termed lawyer Boniface Nyamu application petition as misuse and abuse of court process.

Sonko is responding to an application by the Nyamu who sued the him claiming that he has engaged in various acts of gross misconduct hence a let down to the people of Nairobi.

The governor through lawyer Harrison Kinyanjui want the court to dismiss the matter saying that the same constitute generalized anecdotal allegations that are largely hearsay and broadside tales that have not a shred of evidence in the them to sustain either the motion or the petition.

He says that there is no evidence that the Nyamu is registered voter in any polling station within the span of the 17 constituencies comprising the Nairobi City County.

“I also have neither proof nor evidence that petitioner allegedly voted for me during the August 8,2017 general elections contrary to his allegations,” said Governor Sonko.

He added that casting of vote is by law secret and lawyer Nyamu is in on illegal streak alleging that he voted for me without proof “I believe that other than the sensational value of this unsubstantiated allegations it beds no evidential value or weight.

” I am surprised at the blanket accusations leveled against me by the petitioner in his affidavit. I assumed the governorship if Nairobi City County at a time its management had ebbed to an extremely low level and its resources been grossly mismanaged. To date I have never received any firm of inquiry from the petitioner on the state of my government’s efforts to provide the Nairobi City County residents with services, ” said Governor Sonko.

The county boss further said Nyamu has shown what efforts if any he has taken to voice any disaffection, dissatisfaction or disappointment with any of the services delivered to the residents of the Nairobi City county.

He added that Nyamu didn’t demonstrate whether he is a property owner in Nairobi, vehicle owner paying parking fee, a service provider, business operator, an employer or a visitor to any of the offices of the county on any given date.

The governor denied allegations that the county government has degenerated in its stature and has not provided any statistical bases , benchmarks or any finding of expertise upon which his allegations can be based as conducive.

Sonko said he has worked closely with all the MCAs within Nairobi County to ensure that all roads and even grabbed roads are opened up, tarmacked and maintained in a reasonable motorable standard subject to the availability of funds.

“I suggest that the court has a locus in quo all avenues and street in the Nairobi CBD. They are all smooth and without potholes. I believe the petitioner has in mind fantastic and imaginary roads when he makes his wild unsubstantiated allegations of the roads within Nairobi City County and the CBD,” added Governor.

He said the lawyer appears ignorant of the division of jurisdiction of roads within Kenya and his diatribe against his government appears to be a misdirected anger against a KENHA.

“The petitioner has no idea of the efforts the county government of Nairobi has so far has made as he has elected to remain ignorant of these efforts by failing to visit our physical offices to make ordinary inquiries or even visiting our website,” said Governor Sonko.

While addressing the allegation on Nairobi traffic , Sonko said the origin and basis of the current traffic congestion is not within his government but of successive previous local government and the national government via the ministry of transport.

He added that the confluence of these past policies has not been address at all, even the petitioner yet he blandly blames his government for failing of previous government and it was unfair and totally reductionist.

The Governor said he has no connection with criminal case and he was not the accused in the matter and the allegation by the lawyer against him is bordering on defamatory material without and any evidence of his alleged involvement.

The Governor dismissed allegations made in the petition claiming he make’s county decision without public participation and provided advertisements by the County government inviting members of the public to participated in the decision of the county affecting them.

The lawyer in his petition listed several instances in which the governor acted inconsistently with the Leadership & Integrity Act.

He cited an incident in which goons were caught on camera disrupting a press conference, attacking, robbing and harassing former chairman of Nairobi business community Timothy Muriuki. The goons were later linked to the governor.

The Governor said he strives to uphold, respect and adhere to the terms of the constitution and relevant statutory mandates conferred upon the county government.

According to Nyamu, unless the court intervenes, Sonko will continue to make decisions to the detriment of residents of Nairobi.

The petition fixed for hearing on June 12.

JUDGES IBRAHIM AND NDUNG’U DISMISS BRIBERY ALLEGATIONS.

By Nairobi Times -
0
Supreme Court Judges Mohammed Ibrahim and Njoki Ndung’u who has denied bribery allegations against them.

BY SAM ALFAN.

Supreme Court Judges Mohamed Ibrahim and Njoki Ndung’u have scoffed off allegations of bribery and misconduct made against them before the JSC.

In reply to the petition by Jared Ongeri, the two judges said that the petitioner has failed to demonstrate how they breached the judicial code of conduct or how they were influenced as alleged.

The two judges together with Justices Jackton Ojwang and Smokin Wanjala delivered a majority decision which handed political lifeline yo Wajir Governor Mohammed Ahmed Mohumed.

Ongeri filed the complaint before JSC accusing the judges of bribery to rule on favour of the Wajir boss.

But in their responses, the two judges dismissed Ongeri’s petition dated March 8 as incompetent and an abuse of judicial process.

“The petitioner has not demonstrated or factually established any manner in which I have breached the Judicial Code of Conduct. The entire series of statements in the petition are no more than wild speculation and outright falsehoods,” Justice Ndung’u said in her sworn statement.

Justice Ndung’u in an affidavit said upon learning about the allegations, she instructed lawyer Andrew Musangi to report to the Directorate of Criminal Investigations about the matter owing to the seriousness of the allegations.

“I have requested the DCI to commence very urgent investigations of the facts alleged by the petitioner and ensure anyone found culpable is immediately arraigned before court on appropriate charges, including myself, if any such evidence emerges,” Justice Ndung’u said.

Ongeri ‘s petition displayed his disagreement with the outcome of the Wajir gubernatorial election petition, the Judge asserted, but the JSC had no power to supervise Supreme Court decisions.

“The entire petition is incompetent for violating my judicial immunity enshrined in Article 160 (5) of the Constitution,” she said.

Lawyer Wambua Kilonzo, on behalf of Justice Ibrahim, filed a response in which he denied allegations of corruption and bribery involving the controversial election petition in which the Supreme Court ruled 4/2 in favour of Wajir Governor Mohamed Abdi against his predecessor Ahmed Abdullahi.

By a letter dated March 11, Ongeri, through lawyer Omwanza Ombati, had claimed that Cabinet Secretary Adan Mohamed had prevailed upon Justice Ibrahim to change his mind and side with the majority a day before the judgment was delivered on February 15.

He had alleged that Adan was a close ally and friend to Justice Ibrahim.

However, on March 15, Omwanza wrote to the JSC withdrawing the allegations against Adan. The claims of improper communication between the CS and the Judge had no factual basis and deserve to be struck out, Kilonzo argued.

He denied Ongeri’s assertions that Justice Ibrahim may have been a beneficiary of alleged bribes channeled through Justices Ndung’u and Wanjala.

“The petition does not disclose any gross misconduct or breach of the Judicial Code of Conduct and Ethics against Justice Ibrahim,” the lawyer said.

“The petitioner has not availed any material before the JSC to link Justice Ibrahim to any money raised for him as a Judge through the alleged contacts or network. In any event, it is not within the ambit of the JSC to order or carry out investigations on behalf of the petitioner or any party,” Kilonzo said.

It was unclear whether Justice Jacton Ojwang, whom the JSC has recommended to President Uhuru Kenyatta to appoint a tribunal to investigate his alleged misconduct on an unrelated matter, had responded to the allegations.

The Judge had failed to make a personal appearance before the commission before the verdict was made public by Chief Justice David Maraga.

LAW GRADUATES FAIL TO BLOCK MANDATORY LSK MEMBERSHIP.

By Nairobi Times -
0
Law Society of Kenya Chief Executive Officer Mercy Wambua.

BY SAM ALFAN.

High Court has dismissed a petition filed by two law graduates seeking to block the mandatory requirement that practicing advocates must be members of the Law Society of Kenya (LSK).

Justice Chacha Mwita ruled that the LSK was a professional body that must discharge its regulatory mandate for the benefit of its members and the public.

The Judge dismissed the constitutional petition by Eunice Ng’ang’a and Samuel Waiganjo seeking to invalidate Section 22 (1)(b) and (c) of the Advocates Act, Section 23 of the Advocates Act and Section 7 of the LSK Act which spell out the certification of advocates, handling all complaints and disciplinary matters and offering continued professional development courses.

The two aggrieved law graduates had failed to demonstrate the constitutional invalidity of the legal provisions and how they had violated any of their rights under the Bill of Rights, the Judge observed. Advocates were at liberty to associate with any l必利勁
egal professional society, he pointed out.

The Judge reasoned that regulations compelling all advocates to be LSK members did not offend Article 27 (2)of the Constitution and the requirement that they must seek continuing legal education as a prerequisite to qualify for annual practicing certificates was meant to widen their professionalism.

LSK Chief Executive Officer Mercy Wambua said the two graduates did not have the legal capacity to question LSK rules and regulations and are not qualified to become members. LSK was the established bar association whose core mandate is to regulate the conduct of its members and ensure continuous professional development with a view to enhancing competence and service to the public.

Ms Wambua further contended that the institutional framework mechanism under the Advocates Act, the LSK Act and the attendant regulations is meant to create conducive environment for the development of professionally competent advocates with clear channels of responsibility thus engendering transparency and accountability.

SUSPECTS IN BARCLAYS FAKE CURRENCY CHARGED , RELEASED ON BAIL.

By Nairobi Times -
0
Former Ragwe constituency aspirant Erick Adede and Ahmed Shah before Milimani Magistrate court where they are charged with others in connection to fake over Sh 2 billion stashed inside a safe deposit box at the Barclays Bank.

BY NT CORRESPONDENT.

Four suspects have been charged before a Nairobi court in connection to fake over Sh 2 billion stashed inside a safe deposit box at the Barclays Bank.

Appearing before Milimani Chief Magistrate Francis Andayi, former Ragwe constituency aspirant Erick Adede, Ahmed Shah, Irene Wairimu Kimani and Elizabeth Muthoni pleaded not to charges conspiracy to defraud and being in possession of papers intended to resemble and pass as currency notes, and being in possession of mineral.

The charges against the four stated that on March 19,2019 at Barclays Bank Queens way branch in Nairobi conspired with intent to defraud by falsely pretending they were carrying on a genuine business as investors in Nairobi with Muriithi Materi Mbuthia who would remit to them Sh 20 million.

Adede alone was charged that that on March 19, 2019 in Nairobi County, without lawful authority or excuse knowingly had in his custody USD dollars 20,067,900 papers intended to resemble and pass as currency notes.

He was further accused of being found in possession of 41.373 kilograms of brass in contravention of the mining Act.

After denying the charges prosecution opposed their release on bond and sought two days to enable them file an affidavit in opposition of the same.

However, the defence through lawyer Seth Ojienda and Sam Nyaberi vehemely objected the plea by prosecution ti have their clients detained for two days informing the court that their clients has been custody since March 19 when they were arrested.

They said that no compelling reasons has been adduced by the state and urged them to release the four on reasonable bail.

“To continue detaining the accused person further pending bail application is an abuse to the dignity of their rights and this application should be disallowed,” said Nyaberi.

However, the magistrate concurred with the defence submissions saying that the reason by the prosecution that an affidavit need to be prepared was not a compelling to deny the accused bail.

Andayi added that all the other accused person apart from Adede were charged with an offence of conspiracy which is a misdemeanor and the prosecution didn’t show intention to charge them with more charges.

The magistrate directed that Shah Wairimu and Muthoni to be released on a Sh 500,000 or a cash bail of Sh 300,000 while Adede was released on a cash bail of 1 million while others a cash bail of 300,000.

In a different case Shah , Mary Wanjiru Mwangi alias Elizabeth Muthoni were charged with obtaining Sh 8.3Million from Nicholas Cheruiyot and Sh 2.2 million from Nancy Chekwony by pretending they were in possession to sell them valuable seeds know as tetra seeds.

Andayi released them on Sh 500,000 bond or Sh 300,000 each pending the hearing and determination of their criminal case on May 9.

1...244245246...456Page 245 of 456
Nairobi Times
Powered By NTimes

POPULAR POSTS

POPULAR CATEGORY

Powered By Nairobi Times