Blog Page 255

TNA SECRETARY TOLD TO EITHER SERVE THE PARTY OR OTHER BOSS.

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The National Alliance party (TNA) secretary General Onyango Oloo with party chairman Johnston Sakanja.

BY SAM ALFAN.

The National Alliance party (TNA) Secretary General Onyango Oloo, has to choose between serving as the party’s executive or resign as a Parastatal Chairman.

A court ruling on the matter on Friday 11, 2015 said that a State Officer cannot hold a Public and Political Office at the same time.

Mr Justice Isaac Lenaola stated that Oloo cannot be the Chairman of Lake Basin Development Authority and head TNA at the same time.

This is following a move by a member of his party who sought his disqualification for holding two Public offices.

Rodgers Mogaka argued that since Oloo was appointed as the chairman of the Lake Basin Development Authority by President Kenyatta through gazette notice of December 23 last year, he is not qualified to remain as the TNA secretary general.

Mr Mogaka moved to court on Monday seeking orders to have Mr Oloo removed as the TNA Secretary General on grounds that he is also a state officer.

Mr Mogaka claimed that holding the two positions concurrently is in contravention with Article 77 of the constitution as well as the political party’s Act.

His lawyer Peter Langat told court that TNA may face deregistration due to failure to comply with both the Constitution as well as the Political Parties Act.

Justice Lenaola had earlier declined to grant the order sought and only certified the application as urgent.

MUGO WA WAIRIMU DETAINED FOR 14DAYS TO ALLOW POLICE COMPLETE INVESTIGATIONS.

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2015-09-11_14.12.06Mugo wa Wairimu at Milimani law court after police were allowed to detain him for 14 days to complete investigations.

BY SAM ALFAN.
Mugo wa Wairimu who is the owner of a clinic linked to a video showing a man raping an unconscious woman has been detained for 14 days to allow police complete investigations.
Mugo appeared before the Nairobi Senior Principal Magistrate Charity Alouch where police applied for the accused to detain for 30 days saying police are yet to complete investigation on extraction of mobile records, from Communication Authority of Kenya, cyber crime and Medical practioners and Dentist Board.
“The depth investigations to be carried out requires extraction of mobile phone records, phone details and records from the known telephone service provider” says investigation officer in his affidavit.
However ,in her ruling SPM Alouch declined to grant 30 days sought by the investigators and directed the accused to be remanded for 14 days in a police station within Nairobi area.
His lawyer Peter Macharia did not oppose police application to detain his client due to security reasons but opposed the detention of 30 days saying 30 days were too much.
‘My client has been tried in the court of public opinion he’s not assured of his own security” said Lawyer Macharia.
“The offences are alleged to have taken place for a long period of time and victims are in numbers and police need more time to interrogate them” Said Jacinta Nyamosi.
They said the accused was arrested on 10 of September in Limuru Gitungo Hotel, Kiambu County and time within which to conduct investigations is not adequate.
Police further said they needed more time to search two premises where the alleged offences are alleged to have taken place.
“As soon as the matter was aired by the media the accused went missing” Said Jacinta.
Police also in their affidavit said they have not yet obtained statement from accused and the the normal formalities.
“Detailed forensic examinations of the various “clinics” that were being operated by Mugo wa Wairimu and hence the investigations are incomplete” Said the investigating officer.
They further to the court that based on the investigations and several leads being followed up by their team of investigations requires an additional thirty days to compete the investigations.
The matter to be mentioned on 25 September for further directions.
Mr Mugo wa Wairimu was arrested on Thursday in Limuru, Administration Police Commander Stephen Ndegwa said.
Mr Ndegwa said the man was arrested at a hotel in Limuru while taking tea.
Mr Mugo Wa Wairimu posted on his Facebook page that he was in “the hands of Tigoni police”.
His post read: “Unbowed. Safely in the hands of Tigoni police”.
Kenyans took their frustrations to social media on Wednesday, asking the police to speed up the arrest, with some saying the police were being lenient on him.
The founder of Okoa Dada Kenya, Ms Diana Okello, expressed her dissatisfaction with the way police were handling the matter and threatened to mobilise women to demonstrate if the man was not arrested within 48 hours.
The video recorded using a hidden camera was broadcast on Citizen TV during prime time news on Sunday night.
According to the TV report, the video was recorded at the Prestige Health Care clinic in Githurai 44. The clinic is run by Mr Mugo. A medical board said he is not a qualified gynecologist.
The video showed a woman on a doctor’s examination table and a man undressing before climbing onto the table and engaging in sex with the sedated woman.

HEALTH CS STOPPED FROM CONDUCTING RECOUNT.

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Health Cabinet Secretary James Macharia who has been stopped together with registrar Nursing Council of Kenya from conducting a recount of officials of the council, pending the hearing and determination of application challenging the action.
BY SAM ALFAN.
High court has stopped Health Cabinet Secretary and Registrar Nursing Council of Kenya from conducting a recount of officials of the council, pending the hearing and determination of application challenging the action.
Justice Joseph Onguto, said that the planned recount of votes that is to take place September 11 for the officials of the Council is halted until a determination of judicial review application is made by the court.
The judge said the applicant Lucy Kawira Gitonga, has shown that the CS is contravention of the law having refused to gazette member of the Council who duly elected.
Justice Onguto directed that the main application for judicial review be filed within ten days and leave granted should operate has stay of action by the CS.
The applicant through lawyer Alfred Nyandieka, told the court that the CS had ordered for the recount of votes, despite having received the elections results fro the term commencing 2015 for gazettement on July 20.
” The continued delay in gazettement has happened the operations of the Nursing Council which oversee functions affecting the both nurses and midwives in the country”, the lawyer told the court.
Mr Nyandieka said that CS and registrar nursing council of Kenya through improper delegates and in response to the demand by the board members elect now authorized an illegal recount of votes that intended to remove the duly elected members
The lawyer told the court, that the applicant was elected to board and result forwarded by the returning officer for gazettement as required by law.
The court heard that according to the election timetable and the Council practice, the board elect members ought to have been gazetted by August 14, but the same has not been done.

FAMILY JAILED FOR 418 YEARS

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A couple and their daughter, originally from Trinidad, have been jailed in the United States for a total of 418 years, for conning 19 Caribbean immigrants out of more than $1.8 million.

In a sentence handed down by a court in Queens, New York on Wednesday, Shane Ramsundar, 52, wife Gomatee, 48, and daughter Stantal, 23, were described by the judge as “the most despicable gang of criminals to ever sit in front of me.”

“You and I know that if you did this fraud and paraded and strutted around in front of your own people, in your own country, you probably would have all been hacked to death,” Holder told the family, which hails from Trinidad. “But not in this country. Now it’s your time to hear your return on your investment for your crime,” the judge said.

Shane Ramsundar received the maximum 235-year sentence. His wife was sentenced to 153 years and daughter 30 years.

The three were found guilty last November of grand larceny.

Prosecutors said that Shane Ramsundar told immigrants that he could get their names or terror watch lists, or prevent their deportation by getting then green cards.

Assistant District Attorney Catherine Kane said: “They stole from their own, people afraid of reporting to the police, terrified of being deported back to a place where they had no one to go home to”.

One of the victims was an immigrant suffering with multiple sclerosis who gave the family $43,000 after being told by the family of con artists that at he was about to be deported.

Ramsundar also fooled immigrants into believing that he could get them cheap housing.

Prosecutors said that the family used some of the money to buy cars, expensive hand bags, a $2,700 Yorkie dog and go on shopping sprees.

FORMER KANU MP TO PAY SH500, 000 FOR HIS RELEASE.

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KANU CASE (2)
KANU Secretary General Nick Salat (left) and lawyer Valentine Ataka leaves Milimani law courts after the high court ordered the release of a former cabinet minister John Cheruiyot from prison where he is serving a six month civil jail for failing to pay a debt of ksh 2.3 million on Thursday September 10,2015..
BY SAM ALFAN.
High court has ordered former co-operative minister John Cheruiyot to deposit Sh 500,000 bond to secure his release from prison and be able to pursue the appeal against the sentence of failing to pay a debt of Sh 2.3 million.
Justice Roselyn Aburili gave the tough conditions which include placing a similar surety.
The judge said upon release he should deposit a bond of Sh 3 million in court.
Justice Aburili further said that appeal before the appellate court should be prosecuted within twelve months.
The court was persuaded by Cheruiyot’s lawyer Mr Valentine Ataka, that the family has made an offer of Sh 1 million as part the settlement of the debt owed a businessman Anthony Lang’o Odhiambo.
The politician was arrested August 22 following the execution of a warrant issued against him on January 6 requiring him to honor a decree in favor of the businessman who had printed and delivered 50,000 Kanu paper caps to Cheruiyot in November 1994.
An interlocutory judgment had been slapped against Cheruiyot on January 26, 1998 for failure to enter appearance and defence in the civil suit filed by Lang’o in 1997.
The businessman had explained how Cheruiyot had ordered the paper caps on June 16, 1994 at a cost of Sh12/50 each and paid him with a personal cheque of Sh60, 000.
Cheruiyot had reportedly issued a cheque for Sh10, 000 but it bounced and the balance of Sh565, 000 was never settled. The outstanding debt had accrued Sh1, 660,264 in interest.
The aggrieved businessman had initially sued Cheruiyot alongside former Kanu Chairman, Wilson Ndolo Ayah, former Secretary General, the late Joseph Kamotho and the treasurer, Japheth Lijoodi, but trio were removed from the proceedings by the court.
Nairobi Senior Principal Magistrate, Martha Mutuku while passing the sentence, dismissed an assertion by Cheruiyot that he had suffered a series of misfortunes and could not make good his promises to settle his indebtedness.
“It is not enough for him to state that he is ready and willing to pay the debt without any offer. The plaintiff is also entitled to enjoy the fruits of his judgment,” she pointed out.
The magistrate observed that Cheruiyot had promised to pay on December 15, 2012 but did not fulfill his obligation.
“Cheruiyot has not shown any commitment at all to honor the debt despite the numerous times he has been accommodated by the court. I hereby order that he be committed to civil jail for a period of six months,” Mutuku said in her ruling.

 

FORMER UGANDA PM DENIED VENUE.

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BY SAM ALFAN.
Uganda government seem to have vowed to make the campaign of former countries Prime Minister Patrick Amama Mbabazi difficult after he was denied a consultavi venue today by the Jinja Town Clerk.
Ugandan Police in Jinja have stopped all the intended rallies for presidential aspirant John Patrick Amama Mbabazi during his eastern region consultative meeting in Jinja today.
According to the Ugandan newspaper the Daily Monitor,the Regional Police Commander for Kiira region SP. Edison Nyabongo told the press at his office along Belle Avenue that police received a communication from Jinja Town Clerk David Kyasanku denying Amama Mbabazi the venues he had proposed to use for his rallies at Kakindu stadium and Kazimingi industrial park in the town.
Presidential aspirant Amama Mbabazi has dismissed the claim by Jinja Town Clerk that he could not be allowed to access the venue for his consultative meetings because it had already been booked by police for training activities.
Mbabazi was, on directives of the town clerk, barred from all the venues he had booked for his consultative meetings in Jinja town today despite previous clearance from the mayor.
“We paid money for the venue and it was received, if it was pre-booked by Police, why would they receive our money,” Mbabazi told journalists in Mbale today morning.
“They are only complicating my process. You don’t have to belong to any party to consult. Even independents can consult.
The only way you can educate ignorant people is showing them the right thing. The law permits me to consult,” Mbabazi added.
In the said communication dated 8th September 2015, Mr Kyasanku tells the chairperson of the organizing committee of Mbabazi’s consultative meetings Mr Robert Kanusu that the Uganda Police had booked Kakindu stadium from 9th September to 8th October to carry out their activities and therefore Amama could not access it.

“I regret to inform you that permission on the selected days for the venues requested for is not granted unless an alternative free Hall is sought for,” reads Kyasanku’s letter.
The Town clerk also claims he received a petition from Jinja Taxi Operators Association requesting him not to allow political activities at Kazimingi venue for fear of disrupting taxi business.

Nyabonngo also said he received another communication from Chairman of the Electoral Commission Badru Kigundu stopping political rallies of presidential aspirants before the official campaign dates.

Earlier, Kanusu had called Mbabazi supporters to welcome their candidate at Kazimingi for a rally. Early this morning Mr Kanusu said they were still consulting their legal team to give them direction on the matter.

He insisted Mbabazi’s plan to consult is still unchanged.

GHANA SUSPENDS 22 JUDGES OVER BRIBERY.

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BY NAIROBI TIMES.
Ghanaian authorities on Wednesday suspended 22 junior judges accused of bribery after they were captured on video, the judicial secretary said in a statement.
This is according to an article published online by THE NATION and other international media platforms.
The Judicial Council is also probing the conduct of 12 high court judges and several other court officials, who had been mentioned in the video, which was recorded by undercover agents, the Judicial Secretary said in a statement.
An investigative journalist with the newspaper Crusading Guide released the video last week and petitioned President John Mahama and Chief Justice Georgina Wood to remove the judges from office, Reuters reported.
Following the expose, the Judicial Council held an emergency meeting and recommended the suspension of the 22 junior judges as part of the investigation process after taking initial responses from them, the statement added.
An anti-corruption group, the Ghana Integrity Initiative, and a local policy think tank, Institute of Economic Affairs, have for years cited the judiciary as one of the most corrupt institutions in Ghana.

‘GYNECOLOGIST’ MUGO WA WAIRIMU ARRESTED.

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Mugo wa Wairimu the owner of a clinic linked to a video showing a man raping an unconscious at Limuru police station after he was arrested.
BY SAM ALFAN.
‘Gynaecologist’ and the owner of a clinic linked to a video showing a man raping an unconscious Mugo wa Wairimu was arrested in Limuru town on Thursday following a tip-off from the public.
Wairimu was arrested over allegations that he raped a patient at his Prestige Healthcare Centre in Githurai 44 and Zimmerman estates, Nairobi County.
Mr Mugo wa Wairimu was arrested on Thursday in Limuru, Administration Police Commander Stephen Ndegwa said.
Mr Ndegwa said the man was arrested at a hotel in Limuru while taking tea.
Mr Mugo Wa Wairimu posted on his Facebook page that he was in “the hands of Tigoni police”.
His post read: “Unbowed. Safely in the hands of Tigoni police”.

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Kenyans took their frustrations to social media on Wednesday, asking the police to speed up the arrest; with some saying the police were being lenient on him.
The founder of Okoa Dada Kenya, Ms Diana Okello, expressed her dissatisfaction with the way police were handling the matter and threatened to mobilise women to demonstrate if the man was not arrested within 48 hours.
The video recorded using a hidden camera was broadcast on Citizen TV during prime time news on Sunday night.
According to the TV report, the video was recorded at the Prestige Health Care clinic in Githurai 44. The clinic is run by Mr Mugo. A medical board said he is not a qualified gynaecologist.
The video showed a woman on a doctor’s examination table and a man undressing before climbing onto the table and engaging in sex with the sedated woman.
Police had been searching for Wairimu, who is alleged to sedate and rape his patients, following DPP Keriako Tobiko’s directive for speedy investigations.
IG Joseph Boinnet ordered his officers to find Mugo and take him to court without delay.
He also appealed to victims or anyone else with information to present it to the Kasarani police station for action.
This follows a news report carried by Citizen TV showing footage of a man in a medical clinic, said to be owned Wairimu, engaging in sex with a seemingly unconscious woman.

LAW STUDENTS OPPOSE EXAM AS CONDITION TO JOIN KSL.

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STUDENT FILE CASE AGAINST KENYA SCHOOL OF LAW (1)

SONU chairman Babu Owino (Centre) together with student representatives from 11 universities outside Milimani law courts after filling a suit in which a student from Mt Kenya university have gone to court seeking to stop Kenya school of law from administering an examination before students join the college on Wednesday September 9, 2015.
BY SAM ALFAN.
A student has gone to court seeking to stop Kenya School of Law from administering an examination before students join the college.
Kariuki Muchemi, a student of Mt Kenya University says Kenya School Law is breaching the law since the three years grace period when the pre bar examination s would commence have not elapsed.
The Kenya School of Law act of 2012 gave a grace period of three years to allow students who already in law schools in various universities to complete their studies and join KSL without the pre bar examination.
However the 3000 students from 11 universities who have filed their case through Muchemi argue that they entered law school before the act came to force and therefore they ought to be allowed to enter l KSl without undertaking the pore bar examination.
“There was a legitimate expectation that immediately I am conferred or I am eligible for conferment of an LLB Degree I will gain direct admission to the Kenya School of Law since I joined Mt Kenya University way before coming into force of the Kenya school of Law Act , 2012,” said Muchemi in his affidavit to court.
KSL last week placed advertisement in National Dailies inviting students who intend to join the college to prepare for Pre-Bar examination in movement.
The students want the pre bar examinations slated for November quashed and KSL barred from administering any Pre Bar examination until the transition period is over.
Council for Legal education which accredits Universities law schools, Kenya school of law and Attorney general have been named as respondents in the case.
They argue decision by KSl is contrary to Doctrine of Legitimate expectations.

LSK BOSS PUT TO TASK OVER KURIA’S HATE REMARKS.

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Gatundu South Member of Parliaments lawyers Danson Mungatana,MP Moses KURIA(center) and law Society of Kenya (LSK) CEO Apollo Mboya during the hearing of a case in which the state have sued the legislator for posting of the alleged hate messages in facebook platform in relating of the Gikomba fire last year.
BY SAM ALFAN
Statements posted by controversial Gatundu South MP Moses Kuria on social media relating to the Gikomba fire last year did not amount to hate speech or incitement, Court heard on Wednesday.
The Chief Executive Officer of the Law Society of Kenya (LSK) Apollo Mboya was put on the spot by Kuria’s tough Lawyer Danson Mungatana to explain whether the remarks linked Cord Leader Raila Odinga or any ethnic Community in anyway.
In his response, Mboya said the statements were not linked to Raila but were laced with hate speech and ethnic contempt on May 16th 2014.
Earlier on, Mboya had stated that the statements were linked to Cord Leader Raila Odinga since Kuria had written the attacks were planned from Boston where Raila was at the moment.
Mboya told the court that he was called by four people which included advocates to check the various updates the Gatundu South MP had allegedly made.
However Kuria’s lawyer Danson Mungatana questioned whether Mboya acted on a personal initiative or as mandated by LSK since there were no minutes to indicate the council recommended Kuria’s Prosecution.
Mboya defended himself saying the agreement was met by an evaluation team.
‘I made communication with the office of the Director of Public Prosecution which included screen shots of the said posts. The DPP then requested the Inspector General of police by a letter to cause speedy thorough investigations on allegations and submit a report and findings,” he said.
Mboya denied the issue of political enemity saying that he forwarded the issue to the DPP because the social media updates would have caused incitement
Kuria had written on social media, “I think it’s just a matter of time before Kenyans start violence against perceived terrorists, their sympathizers, their financiers and those issuing travel advisories without sharing intelligence. I am not sure I will not be one of those Kenyans. When you touch Gikomba the nerve centre of our economic enterprise,y ou really cross the line. Brace yourself. Choices have consequences.”
He was charged after the Law Society of Kenya (LSK) wrote to DPP Keriako Tobiko demanding that action be taken against the legislator for posting messages which they said displayed and encouraged ethnic hatred.
On June 2014, he was charged with three counts of incitement to violence on Facebook and was released on a cash bail of Sh2 million. Kuria was later charged on the recommendation of the National Cohesion and Integration Commission (NCIC). He however sought an out-of-court settlement where he was to offer an apology for his postings and refrain from committing similar offenses in future.
He had earlier been charged with hate speech after he linked Gikomba bomb blasts to members of the Luo community.
Watch the clip on You Tube.