Blog Page 247

NAIROBI COUNTY CHIEF OF STAFF SECRETARY RELEASED ON A CASH BAIL OF 500,000

0

pa
Nairobi County Chief of Staff George Wainaina Njogu Secretary Rosaline Oluoch before Nairobi Anti-Corruption court where she’s facing grafts charges against her on Friday January 8, 2016.
BY SAM ALFAN.
Nairobi County Chief of Staff and His Secretary are facing 10 years imprisonment or a fine of 1milion if prosecution proves charges labeled against them.
They are accused of bribing Nairobi Senator Mike Sonko to stop documenting how the said senior officer’s are constructing private and development houses using public fund.

Its alleged that George Wainaina Njogu and Rosaline Oluoch on 6 January at County Chief of Staff Office at City Hall being employed by a public body as Chief of Staff and Secretary respectively, jointly conspired to commit an offence of corruption by offering Kshs ,1.000,000 to Hon Senator Mike Mbuvi Sonko, as an inducement for him not to pursue the matter where he had invited the media to accompany him in documenting how the said senior officer’s are constructing private and development houses using public fund., a matter relating to the affair’s of the said public body.

Rosaline Oluoch who is Wainana Secretary is facing another count of being found in possession of Kshs.500, 000 that had reason to believe had been acquired by the said Rosaline Oluoch as a result of corrupt conduct, held or accused the said property to be used.
He denied the two counts and she was released on a cash bail of Sh500, 000 or the alternative surety bond of Sh1.5 million.
However, Nairobi County Chief of Staff George Wainaina failed to appear in court to face graft charges.
His lawyer Cliff Ombetta told the court that Wainaina was taken ill and is admitted to the Karen Hospital.
He asked the court to allow Wainaina to plead to the charges a later date and he was directed to appear in court after 7 days and if he fails court will issue warrant of arrest against him.
Wainaina is facing tree count alone,he is being accused on January 5, 2016 at Kenyatta International Conference Center at Senator Hon Mike Sonko office being a person employed by a public body by Nairobi County Government as Chief OF Staff corruptly offered benefit of Kshs,1,000,000 to senator Mike Sonko as an inducement for him to stop pursuing the matter where where he had invited the media to accompany him in documenting how the said senior officer’s are constructing private and development houses using public fund, a matter relating to the affair’s of the said public body.
The prosecution wanted the court to issue a warrant for his arrest but it was ruled that he was not obliged to appear in court and was only required to report to the Ethics and Anti Corruption Commission offices on Friday morning.
Nairobi City County Chief of Staff George Wainaina was arrested on Wednesday night by officers from the Ethics and Anti-Corruption Commission.
The officers had first raided his office at City Hall but did not find him. They took away crucial documents and asked his secretary to accompany them.
Nairobi County Government Chief of Staff George Wainaina and his secretary Roseline Olouch have been released on a Sh200, 000 cash bail.
In a statement read by Deputy Director Corporate Communications Kairichi Marimba, EACC deputy CEO Michael Mubea says the bribe was an inducement to the Senator to have a suit he filed over the Loresho land owned by Nairobi water and Sewerage Company dropped.
“The commission wishes to confirm that the Chief of Staff at the Nairobi County Government and his secretary were yesterday arrested and booked at EACC headquarters police station for investigations,” he said.
The land was recently repossessed from a private developer, who had already started construction just a few metrers from the reservoir that serves the Nairobi populace with clean water.
The Loresho plot LR NAIROVI/BLOCK 90/599 is owned by Nairobi Water and Sewerage Company.
EACC detectives want to establish why the two county officials wanted the suit by Sonko against the private developer dropped.
The case will be mentioned on January 15, 2016.

NOTORIOUS KIDNAPPING MASTERMIND CHARGED WITH ROBBERY WITH VIOLENCE.

0

sudan

Three Sudanese nationals Ahmed Ismail Alduma Adam, Mohamed Elmutasim Ahmed, Haisam Ahmed Elmkashfi before Kibera Principal Magistrate Kibera law courts where they were charged with robbery with violence on Thursday January 7, 2016.
BY SAM ALFAN.
Three suspects of Sudanese origin were on Thursday arraigned in court and charged with robbery with violence and kidnapping charges.

The accused Ahmed Ismail Alduma Adam, Mohamed Elmutasim Ahmed and the notorious Haisam Ahmed Elmkashfi appeared before Kibera Principal Magistrate Lucas Onyina where they denied three counts of robbery, trafficking of persons and being illegally in Kenya.

Mr Onyina on an application by the prosecution directed that the suspects be remanded at Kilimani police station until Monday to allow police complete investigations.

“I order that the suspects to remain in custody pending investigations upon which they will appear in court on Monday,” Onyina said.

Police officers in Kilimani arrested Elmkashfi a Sudanese national accused of masterminding kidnappings targeting foreigners, a few days after the arrest of two accomplices.

Adam and Ahmed were arrested on Tuesday in what police said a three-member gang which had fake documents indicating they are members of the International Police (Interpol) Task Force which they used to lure foreigners.

According to the charge sheet Adam, Ahmed and Elmkashfi are accused that on diverse dates between November 20 and December 6 last year at Sky View Park apartment in Nairobi’s Kilimani area while armed a pistol and and a pair of handcuffs they robbed Mohamed Elshassan.

They allegedly took away his Sudanese passport, mobile phone and suitcase and threatened to use violence against him.

The trios were also accused of abducting and illegally harboring Elshassan at Sky View Park apartments limited room number 504 along Lenana Road in Kilimani for purposes of financial gain.

Elmkashfi faced an additional count of being illegally in the country where it was alleged that on January 5 this year in Dandora Phase IV being a Sudanese national he was found to be present in Kenya unlawfully.

Kilimani Police boss Peter Katam had urged Kenyans and foreigners who may have fallen victim to them to report the cases.
“We have made the arrest of the most wanted criminal who was masterminding robberies particularly involving foreign nationalities,” he said.

In addition to asking for ransom, he said the suspects used to torture victims while threatening to kill them as they recorded them on video.

The arrest of the three comes after they kidnapped a prominent businessman from Sudan whom they held hostage for 17 days in an apartment on Lenana Road and only released him after they received a ransom.

Police believe the gang is widely networked and could be working with other people from the countries where the victims come from and also some Kenyans.

WETANGULA ORDER AGAINST BBC IN THE BAT CASE STILL IN FORCE.

0

weta

Machakos Senator Johnson Muthama, Siaya Senator James Orengo with Bungoma Senator Moses Wetangula who sued British Broadcasting Corporation (BBC) for linking him to allegations of bribery made against British American Tobacco outside milimani law courts on Thursday January 7, 2016..
BY SAM ALFAN.
High Court has extended orders restraining the British Broadcasting Corporation (BBC) from linking Bungoma Senator Moses Wetangula to allegations of bribery made against British American Tobacco.

Justice Roselyne Aburili extended the orders for another two weeks after she heard from Wetangula’s lawyer James Orengo that they had been unable to serve their defamation suit papers on the BBC since they filed them in December.

Orengo told the Court that their process servers were sent back with the papers when they attempted to serve them on the BBC’s Nairobi office.

He said the BBC had also failed to respond to the suit papers mailed to their London headquarters.
Orengo told the court, they also served BBC board but later the document were returned to them while opened which indicate they went through the documents before returning them to his office.

Aburili therefore directed that a fresh attempt be made at serving the papers within the fortnight so an intre-parties hearing can be held on January 26.
British Broadcasting Corporation was restrained from televising or publishing a story linking Bungoma Senator Moses Wetangula to bribery and corruption.

Justice Nicholas Ombija, said that pending the hearing for the defamation suit against BBC, there should no negative publication against the senator over allegation bribery by the British American Tobacco Company.
The judge that the court has considered the application by senator is urgent and ought to be heard, while the ongoing publication is halted.

Wetangula filed a defamation suit against BBC accusing broadcasting organization of linking him with bribery allegations alleged to have occurred some three years ago.

He told the vacation judge that senator was defamed by BBC in its program me known as Panorama, which portrayed him has having solicited the purchase of an airline ticket to London for his wife.

The programme, he said revealed that the senator was corruptly involved in a corporate scandal in which BAT bribed him while he serving as minister for Trade during the retired President Daniel arap Moi government.

Orengo submitted that impugned story televised by BBC has continued to be in circulation through a multitude of electronic and print media to his prejudice.

He told the court that the article has been used as a basis of unjustified attacks against the senator by his political rivals and civil society.

“It is difficult for the senator to perform his duties and functions under the cloud of defamatory story which is causing him stress, anxiety and embarrassment” the court heard

The lawyer argued that the story is and report i false and malicious and cannot be true.

The news story and the Panorama program e presented by Richard Bilton under the tittle ” The Secret Bribes Big Tobacco” alleged that in July 2012a person known as Julie Adelie Owino had requested for a purchase of a business class plane ticket to London for the use of the senator’s wife and he could be ” Hosted at Globe House”- BAT’s London Headquarters.

The matter will be mentioned on 26 of January for further directions.

GAMBLERS CLAIM TAX LAW PUNITIVE TO LOCAL OPERATORS.

0

mili

Milimani law courts where Gaming Operators have filed a suit seeking suspension of tax law passed by Parliament, which they say, favors their foreign counterparts.

BY SAM ALFAN.
Association of Gaming Operators has gone to court seeking suspension of tax law passed by Parliament, which they say, favors their foreign counterparts.

The law imposes an unconstitutional obligation upon gaming operators to inquire private taxation affairs of its customers by requiring them to reveal their personal identity numbers (PIN)

The operators through their lawyer Robert Macharia, told vacation judge Justice Mumbi Ngugi that the laws require gaming operators to withhold tax from foreigners who are not Kenya residents.

” Right to privacy as enshrined in Article 31 of the constitution, majority of customers which patronize gaming, houses/business do so for leisure and do not want their identity revealed” he said.

The lawyer said that law is discriminatory and goes further to criminalize local operators, saying the existence of the law that was passed by the finance Act 2015 is unconstitutional.

“Unless the said law is suspended pending the determination of the petition before the court the association members will close shops and cause loss of revenue and employment” the lawyer told the court.

Mr Macharia said that the court will asked to issue an order stopping the implementation of section 10 (g) of the income tax Act, pending the determination of the petition.

The court heard that sometime in 2013 Parliament passed the impugned law that require gaming operators to deduct withholding tax on “winnings” by their customers.

He said that one of the association members Pevans East Africa limited (Sportpesa) which is local company stand close shop if the law comes to effect, saying its competitor Betway conducts it casino and betting online and has no office in the country will not be affected by the new Act.

Mr Macharia submitted that Betway with no permanent establishment in Kenya is exempted from the provision of section 10 of the income tax Act and will enjoy unfair advantage against Kenyan operators.

The judge certified the application urgent and directed that same be served the attorney general and the matter be heard inter parties on January 12 to determine the concern of the petitioners.

LAW ALLOWING PRESIDENT TO APPOINT CJ STILL IN FORCE.

0

ojiendaLaw Society of lawyers Prof Tom Ojienda,Nzamba Gitonga, Prof Tom, Michael Muchemi and Peter Wanyama at Milimani law court after they filed an application seeking to suspend implementation of the Judicial Service Act which gives the President power to appoint the Chief Justice on Wednesday January 6, 2015.

BY SAM ALFAN.

High Court has declined to suspend the implementation of the Judicial Service Act which gives the President power to appoint the Chief Justice and Deputy Chief Justice.

This is after Law Society of Kenya moved to court through lawyers Nzamba Gitonga, Prof Tom Ojienda, Michael Muchemi and Peter Wanyama this morning seeking the high court to suspend the act claiming its unconstitutional act.

Mr Kitonga said the matter was urgent given that the Judiciary is currently involved in the recruitment of the Deputy Chief Justice and if the orders are not granted, there was likelihood that the unconstitutional criteria prescribed in the amendment will be used.

The amendment changed the Act to compel the Judicial Service Commission to forward three names to the President instead of one as provided for previously.

Lawyer Nzamba Gitonga told the court that the matter is of great public interest and orders sought would not prejudice the Attorney General and the national Assembly.

He further said the senate was not involved when the amendment were passed by the National Assembly as per Article 118 which is a gross violation of the constitution.

“Any suggestion that independent of Judiciary is under attack is sufficient enough to give urgency to a matter of this nature” Lawyer Nzamba told the court.

Prof Tom Ojienda said amendment will interfere with the independence of the Judicial Service Commission and urged the court to grant the orders sought in their application.

“The amendment are unconstitutional and cannot be allowed to stand even a single day” Said Prof Ojienda.

Justice Odunga said the issues raised in the application were critical given that the amendments affects the independence of the judiciary and interferes with separation of powers.

“I am satisfied that the matter is urgent and ought to be heard expeditiously but I cannot issue orders at this stage to suspend the implementation of the law because there will be no prejudice suffered within the seven days given for the inter-parties hearing,” said the judge.

Justice Odunga certified the application by the Law Society of Kenya (LSK) as urgent saying it has raised critical constitutional questions and should be heard expeditiously.

LSK has in its application faulted the new law, which came into effect on December 15 last year saying it has amended critical sections of the Judicial Service Act therefore interfering with the independence of the Judiciary.

The Act as amended fundamentally upsets the doctrine of power between the three arms of government and should be suspended because the independence of the judiciary is at stake.

“The Constitution has clearly stated that the Judicial Service Commission (JSC) shall forward one name of a qualified person to the president for nomination as Chief Justice or chief Justice but the Act has come up with a formulation requiring JSC to forward three names,” said LSK through Senior Counsel Nzamba Kitonga.

Lawyers have opposed the amendment, saying it is against the constitution and amounts to watering down judiciary’s independence.

The amendment comes at a time when both Chief Justice Willy Mutunga and Deputy Chief Justice Kalpana Rawal are expected to retire to allow the judiciary to hire new bosses.

Justice Odunga directed parties in the case be served and set the hearing for January 13 for further directions.

 

ALAI CHARGED OVER CLAIMS OF EACC BOSS FAKE DEGREE.

0

alai

Blogger Robert Alai at Milimani law court where he was charged with posting an offensive message on Twitter against anti-corruption agency boss Halakhe Waqo claiming he has a fake degree on Tuesday January 5,2015..

BY SAM ALFAN.

All known blogger Robert Alai has been charged with posting an offensive message on Twitter against anti-corruption commission boss Halakhe Waqo claiming he has a fake degree.

The blogger is alleged to have claimed in the post that the Ethics and Anti-Corruption Commission chief executive officer had a fake University of Nairobi degree, which he used to ascend to office.

Mr Alai, represented by lawyer Harun Ndubi, denied that he committed the offence on November 18 last year and was released on a cash bail of Sh30, 000 pending the hearing of the case on March 16.

Its alleged on the 18 of November, 2015  at unknown place ,using Twitter account RobertALAI@RobertAlai to posted  “How do you expect EACC to arrest anyone for corruption when its head (Waqo) used a forged UoN degree certificate to get into his office “knowing  it to be force and intended to cause annoyance to the said HALAKHE D. WAQO..

The prosecution alleged that Mr Alai knew that the statement was “false” and was intended to annoy Mr Waqo.

Mr Ndubi asked for copies of witness statements and a copy of a letter of application the complainant used to apply for the job.

The case will be heard on March 16, 2016.  Alai has faced other related charges in the past.

FORMER JUDICIARY BOSS SEEKS TO STOP HER ARREST.

0

gsholei

Former Registrar of Judiciary Glady Shollei when appeared before Nairobi Anti-corruption to face misuse of office charges.

BY SAM ALFAN.

Former judiciary registrar Gladys Shollei has moved to the High Court seeking to bar the Ethics and Anti-Corruption Commission and the Director of Public Prosecution Keriako Tobiko from having her arrested or charged over abuse of office allegations.

Mrs Shollei said that “piecemeal investigations and prosecutions will inevitably deprive her of a fair hearing “as enshrined in the constitution.

The charges are related to the construction of court houses in Tawa, Mavoko and Garsen at a cost of Sh150 million.

Seven of her colleagues mentioned in the case were charged with abuse of office at a Nairobi court.

They are accused of starting the construction of pre-fabricated court buildings on January 17, 2013, without following due process.
Shollei, who was sacked from the Judiciary in October 2013, was however not in court as she was said to be away on holiday.

This comes after the Director of Public Prosecutions Keriako Tobiko recommended her prosecution alongside seven others two weeks ago for abuse of office and flouting anti-corruption laws.

The other suspects in this case are former Judiciary Deputy Chief Registrar Kakai Kissinger, former director of supply chain management Martin Otieno Okwata and former director of finance Benedict Abonyo Omollo.

They are alleged to have favoured Timsales Limited Company for a contract to construct prefabricated court buildings in Mavoko.

They are also alleged to have varied the terms and conditions of the contract without the approval of the tender committee for the sole benefit of Timsales Limited.

They have also been charged with unilaterally increasing the advance down payment for the contract that was paid out to the contractor from ten percent to 50 percent without the approval of the tender committee.

Others charged are Nicholas Muturi Okemwa, a former legal officer, Nicholas Mbeba in charge of transport, Thomas Oloko Atak an IT expert and Wycliff Wanga.

Seven of those present pleaded not guilty before Principal Magistrate Felix Kombo and were released on a cash bail of Sh300,000 each or a bond of Sh1 million with sureties of similar amount.

Gladys Boss Shollei who is reported to be on holiday and was not aware she was required in court will take plea on 12th February next year when the case will come up for mention.

Principal magistrate Felix Kombo deferred Shollei’s plea to January 12, as she was out of the country.

She was directed to file motion in the next 10 days to challenge Tobiko’s decision over the ‘piecemeal’ investigations.

The matter will be heard on 21 of January for further directions.

 

 

KU VC TO REMAIN IN OFFICE FOR 14 DAYS.

0

REGERU

Kenyatta University Vice Chancellor Olive Mugenda lawyer Njoroge Regeru who has been reinstated for 14 days.

BY SAM ALFAN.

It’s a temporary reprieve for Kenyatta University Vice Chancellor Olive Mugenda after the labour Relations court suspende her ouster for 14 days pending hearing of a case seeking to ouster Mugenda from office.

This is after Employment and labor relations court Justice Mathew Nduma nderi lifted orders initially granted by Justice Helen Wasilwa, which demanded her to proceed on terminal leave to allow for her replacement.

Justice Wasilwa had also stopped the ongoing recruitment for the Kenyatta University Vice Chancellor’s position pending hearing of the petition.

This comes barely three weeks after Omtatah moved to court claiming that Prof. Mugenda had completed her mandatory term and should vacate office on a six-month leave pending retirement.

The activist stated that less than six months to the end of her term, no advertisement has been placed in the media to fill the vacancy.

He said the best practice in the public service is for those whose terms are about to expire to go on a six-month leave pending retirement.

Last year Labuor Relation Court directed Kenyatta University Vice Chancellor Olive Mugenda to proceed on a six-month terminal leave pending the hearing of a case seeking her ouster filed by activist Okiya Omtatah.

Justice Hellen Wasilwa also stopped the ongoing recruitment exercise for the university’s VC pending the hearing of the petition.

In his petition, Omtatah claims Mugenda has completed her mandatory term and should vacate office, adding that she was appointed VC in 2007 and then reappointed in 2012 by retired President Kibaki for another five-year term.

He said less than six months to the expiry of her term no advertisement has been put in place announcing the vacancy, thus raising suspicion that there could be plans to extend her stay in office.

Omtatah said the best practice in the public service is for those whose terms are about to expire to go on a six-month leave pending retirement.

The court quashed the Kenyatta University Council’s advertisement in the media inviting applicants from eligible candidates to fill the vacancy in the office of the VC. This is after Omtatah claimed the petition will be prejudiced if the recruitment process continues.

He urged the court not to allow any vacancies in the public service to be filled without predetermined legal and constitutional criteria.

According to Omtatah, the impugned advert does not meet the threshold for recruiting and appointing persons into public office.

“The advert reads like it is tailor-made to favor a preferred candidate to the exclusion of others,” he says in the affidavit.

The activist said to avoid compromising the public interest, it was important that the process of appointing a new vice-chancellor commences by sending Mugenda on terminal leave.

The case will be heard on 18th January 2016 for further directions.

 

 

 

 

PEP TO LEAVE BAYERN BY END OF SEASON TO ENGLAND.

0

bayern

 

Bayern Munich Pep Guardiola who has confirmed that he is to leave Bayern Munich at the end of the season in order to fulfill his ambition of coaching in the Premier League

BY OUR REPORTER.

Pep Guardiola has confirmed that he is to leave Bayern Munich at the end of the season in order to fulfill his ambition of coaching in the Premier League according to various media outlet.

Guardiola, heavily linked in recent weeks with Manchester City, Manchester United and Chelsea, told a press conference: “I need a new challenge and I want to use that chance to be a manager in England.

“I want to experience the atmosphere in England and I look forward to [working at] the stadiums there. I am 44 and it is the right time. There are offers but I haven’t signed for anyone yet. When I have a new club I will let everyone know.

“The atmosphere in the Bayern squad is super and I will do everything I can to keep it that way. I will give my absolute best until the end.”

Manuel Pellegrini recently denied that the speculation surrounding Guardiola’s availability had affected his Manchester City squad, saying: “If they are distracted by that sort of thing, they are not professionals, not top players.

“This sort of thing is a fact of life at big clubs; you must separate the present and the future for your work. Look at all the most important teams in Europe; all of them have had moments where the manager is going to be sacked. Sometimes the speculation is true, sometimes not, but you cannot let it affect you.”

 

 

DPP WANTS CASE AGAINST OPARANYA TO PROCEED.

0

DNCOURTOPARANYA1312 By SAM ALFAN.

The Director of Public Prosecutions  Keriako Tobiko, wants an application  challenging the  prosecution of  Kakamega Governor  Wyclif Opranya dismissed.
 The DPP, says that  there is no  political connection over the   intended indictment of the governor as alleged in his application  pending  before the high court.
The  prosecution of the governor  is purely a criminal matter arising from his failure to honour Senate summons.
There  are no constitutional issues which the  high court is being asked  quash.
“The  governor has not pleaded to the criminal charge, so as to   apply to the high court, the DPP says.
does not raise “weighty constitutional issues” as alleged.
DPP’s assistant Ms Lilian Obuol told the high court that the politician’s file has since been “reviewed” and it raises “nothing weighty”  he should present himself to the trial court to plead to the charges.
The governor has claimed in his petition that the summons were issued by a committee chaired by Senetor Boni Khalwale who has publicly declared his intention to vie for the Kakamega governor’s position
The  governor wants the high court  to find that the summons from which the criminal charge arises  were “unconstitutional and unlawful.”
There is however no court order stopping Mr Oparanya’s prosecution,  the pla taking was only suspemded by Chief Magistrate  Daniel Ogembo to await the out  come of the petition in the  high court.
Mr Oparanya’s lawyer Peter Wanyama and Ms  Obuol agreed to have the petition heard on a priority basis so as to determine the fate of the criminal case
Mr Wanyama told justice George Odunga  the petition is not intended to delay the hearing of the criminal case which is set for mention and further directions on January 25.
The offence was allegedly committed on November 13 2015.
Judge  Odunga directed that Mr Oparanya’s petition be heard on February 9.
MS Obuo said that after a perusal of the politician’s case file the DPP was of the opinion that the petition should not be entertained.
“We have since reviewed the file and nothing weighty is raised, we are ready to proceed come January 25,’ she said.
 In the petition Mr Opranya has accused  the DPP of abusing his office by directing that he be arrested and charged.
 The  governor’s lawyers Paul Muite , Mr James Orengo and Mr Wanyama has objected his prosecution on  grounds that the magistrate’s court also  “lacks the jurisdiction to hear the case.”

 The prosecution says that “On November 13 at Kakamega, being the Governor, disobeyed a witness summons issued by the Senate Assembly Sessional Committee on County Public Accounts and Investments to appear before it in Room No.4 main Parliament buildings.

Mr Oparanya has defended his decision not to honour the Senate summons by arguing that he is not an accounting officer.