Blog Page 264

EACC STOPPED FROM INVESTIGATING GOVERNOR OJAAMONG.

By Nairobi Times -
0
Busia Governor Sospeter Ojaamong with his lawyer Danstan Omari before Anti-Corruption court in Nairobi.

BY NT CORRESPONDENT.

Ethics and Anti Corruption Commission (EACC) has suffered a major setback.

This is after court barred the agency from carrying out investigations in a case facing Busia governor Sospeter Ojaamong.

“The application dated 14 November 2018 is allowed to the of barring the EACC or any other officer acting under its instructions from conducting any investigations pertaining to the subject matter pending hearing before this court (this case) of the purpose is for use in this case”. ruled Ogoti.

Anti Corruption Court Chief Magistrate Douglas Ogoti issued the order barring further investigation on grounds that the matter is still before court.

” The continued investigation by the EACC is ban faith since the investigations came to an end when the governor was charged and trial is almost over” the court said.

The order by the court came after Ojaamong his lawyer Danstan Omari made an application seeking to block EACC from probing matters pending before the court.

” There cannot be an investigation on the subject before the court without express permission of the court”. said the magistrate.

In his ruling, Ogoti said no party in tbe proceedings is allowed to go behind the back of the court in this case EACC which is an investigative agency to investigate a matter pending before it without the knowledge of the court.

He further said EACC move was bent to interfere with the process of the trial and also with the integrity of the trial itself.

Magistrate added that, the court will restrict itself to the fact that have been submitted to it for investigations by the prosecution and the defence.

He said documents marked for identification by defence is evidence submitted to the court for investigations as per the requirement by the definition of the term ‘evidence’ in evidence Act.

” The prosecution seems to be in a dilemma on how it was obtained “. Said the magistrate.

A witness in anti graft case against the governor has denied having recorded statement with Ethics and Anti corruption commission.

The former acting executive officer Grace Matinde Mchuma, told trial magistrate that officer from EACC only questioned her about the procurement of the solid Waste management and asked her to sign what he had recorded.

The witness who is blind could not record the statement nor did she goe through what the officer had recorded.

She recalled having attended the 44th executive committee meeting on 7 May 2014 where where Solid Waste Management was discussed and adopted by the Cabinet.

While being cross examined by the defence lawyers, she said that the County Government indeed entered and signed Memorandum of Understanding with. Madam R. enterprises, the company that was to offer services.

Governor Ojaamong and five others members of County executives have been charged with conspiracy to defraud the county of Sh 8 million by , engaging in projects without proper procurement process.

EPZA CEO ACCUSES MUNYA OF MALICE IN HIS REPLACEMENT, ASK COURT TO STOP SACKING.

By Nairobi Times -
0
Trade and Industry Cabinet Secretary Peter Munya.
BY SAM ALFAN.

 

Suspended Export Processing Zone Authority Kenya CEO Fanuel Kidenda has moved to court seeking reverse a decision by Trade and Industry Cabinet Secretary Peter Munya to replace him.

Kidenda also seeks an order compelling

Munya appointing George Makateto the Acting Managing Director of EPZA.

Through his lawyer Danstan Omari, Kidenda wants to be reinstated with all privileges, salaries, allowances as well as being granted access to his office without victimization for the duration of his term.

Lawyer Omari said the CEO was dismissed unprocedurally by Munya and Makateto appointed verbally as the acting MD.

Kidenda further wants an order restraining CS Munya and EPZA from declaring the position of the CEO vacant and resist from recruiting anyone to fill the position.

He was first appointed and gazetted as the CEO as from November 14, 1999 uninterrupted and progressively been risen through the ranks. And through a letter dated March 20, Kidenda communicated his desire to renew his contract.

The EPZA board evaluated his performance under supervision of the State Corporation Advisory Committee (SCAC) and returned “very good” score at a special board meeting held on 4th July 2018.

The results of the evaluation were presented to the EPZ board by SCAC at a special full board meeting held on 6th July 2018 upon which board resolved and recommended renewal of his contract, for further three years.

The board resolution was communicated to the then Cabinet Secretary of Trade and Cooperatives Aden Mohamed on 6th July this year with a copy sent to his Principal Secretary Betty Maina who was present during the meeting of 4th July as a Board member.

The CS concurred with the board resolution and issued the re-appointment letter dated 11th July this year which was forwarded to EPZA on 8th July. A new contract executed between board session chairman Joseph Muisiyo Nzioka and Kidenda for three years effective 21st September.

Munya took over the Trade docket from Mohammed following a cabinet reshuffle on September 13.

On 20th September, Munya purported to relieve Kidenda of his duties and his place, appointed Makateto as acting MD. The CS also wrote to the board notifying them of the appointment.

But Kidenda said his removal and new appointment was done without the board’s involvement and in total disregard of all relevant laws and provisions of government circular and the human resource police of EPZ board.

Kidenda claims the purported dismissal by the CS is illegal, irregular, unprocedural, ultra vires, unreasonable. He further said the move was a witch-hunt actuated by malice and blatant disregard of the law and rules of justice.

The petitioner further argues his employment cannot be terminated by the CS without defence to the Company’s board and as such the purported dismissal is null and void and has no legal consequence.

“The due process was not followed in the dismissal and I was not given any notice of termination or payment,” he said in a sworn statement.

In their replying affidavit, EPZA has termed the contract of employment dated 31st July this year exhibited by dismissed CEO as forgery and fraudulent as it has not offered such contract to Kidenda.

The corporation said that offering a contract of employment to the dismissed CEO and not crystallized as at 31 July 2018 when the forged contract of employment exhibited by the petitioner is purported to have been authored.

“The Board did not make any resolution appointing the author of the purported contract of employment as a session chairperson and equally did not resolve that a contract of employment be given to Kidenda as the CS had not appointed him as such and had not determined the terms and conditions of such an appointment for the board to effectuate the same,” reads EPZA response.

The corporation further claims the person who signed the contract of employment is an imposter and had no authority/ mandate of the Minister through the board of authority to do so.

“No appointment and contract of employment exists between Kidenda and EPZA and the court has no jurisdiction to create an employer-employees relationship as is being orchestrated by the petitioner through uttering forged documents,” argues EPZA.

The corporation Act does not have the position of an acting Chairperson as appointed by the President or session Chair and the petitioner has not established a special condition for granting an injunction.

HIGH COURT SUSPENDS NAIROBI COUNTY’S BAN ON PSV’s ACCESSING CBD.

By Nairobi Times -
0
Businessman Paul Kobia accompanied by other other business people speaking to journalists outside Milimani Law Courts building./PHOTO BY S.A.N.

BY NT CORRESPONDENT.

High court has suspended decision by the Nairobi County to ban Public Service Vehicles from accessing the Central Business District.

Lady Justice Wilfida Okwany said that yesterday’s ban caused a great inconvenience to the public and dented the economy.

The learned judge further said this follows Nairobi governor Mike Sonko’s decision to lift the ban and it is not known when it will be implemented.

The orders will stay in force until the 11 of this month when the matter will be mentioned.

The orders have been issued in a case in which Businessman Paul Kobia filed a case saying that decision to prohibit PSVs from accessing the Nairobi City is capricious, oppressive, irrational, unreasonable, illegal, unjustified, and unconstitutional and against the rules of natural justice.

Through lawyer Henry Kurauka, Kobia told the court that in the year 2011 or thereabouts, Nairobi Govornor Mike Mbuvi Sonko successfully moved to the court to lift the purported ban prohibiting PSV from accessing the City.

According to him, the circumstances have not changed to allow him to support the ban and he should not be allowed to blow hot and cold when he understands the predicament facing city residents.

“The action will slow and adversely affect the economy because movement of employees, traders, goods and products will be hampered. Further employees who will walk long distances will not be optimally productive” Kobia.

Kobia wants the County Government to comply with Articles 10,35,40 and 46 of the constitution that allows public participation, transparency, information, accountability, equity, among others in making critical decision affect citizens.

He will also seek the court  to issue a permanent injunction and prevent the governor from  implementing decision in future until property infrastructures are put in place and involve public participation.

POLICE TO INVESTIGATE ATTACK ON PROSECUTOR’S SON AT CRAYFISH CAMP HOTEL.

By Nairobi Times -
0
Senior State Prosecutor Joseph Riungu who his son was attacked and seriously injured by five German dogs at Crayfish camp hotel in Naivasha.
BY NT REPORTER.

Director of Criminal Investigations has ordered immediate probe into and incident where a seven year old son of a senior state prosecutor was attacked  and seriously injured by five German dogs at Crayfish camp hotel in Naivasha.

According to the victim’s father Joseph Riungu who is a prosecutor at the office of Director of Public Prosecution  Nairobi the incident occurred on November 28 where his son and other school children had gone for camping.

Riungu said he has already reported the matter to the DCI who has directed DCIO Naivasha to take over the case from Kongoni police station in a view of of conducting investigation.

The DCI wants the proprietors of Crayfish be arrested and charged.

Speaking to NairobTimez on the matter, Director of Criminal Investigation George Kinoti said setting dogs in a public licensed premises of whatever business is criminal negligence and punishable by law.

“The management are culpable and directed arrest, detention of the canibals and arraignment in court”. Said DCI Kinoti.

Riungu described the proprietors as influential individuals working under impunity. The son is a student at Marion Preparatory school.

My son was walking back to the rooms to pick up his clothes at around 6 o clock in the evening with his friends ,when the dogs pounced on him. They were three large German shepherd dogs and two others “ Riungi says.

On confronting the Hotel Management Riungu says; ”They have not apologized over the incident neither have they reached out to me.

They have refused to take responsibility despite claiming that the dogs were friendly,” Riungu added.

Riungu  has obtained a P3 form from police and that said he, his son and a teacher who had accompanied the son have recorded statements.

“This impunity of negligence on the part of the Crayfish camp hotel proprietorship must be exposed to protect other children being viciously attacked by the uncontrolled and not manned German shepherd dogs. This is purely criminal negligence under Section 23 of Penal Code,” Riungu added.

Crayfish Camp Naivasha is located along Moi South Lake Road, 18 km from Naivasha town set in natural Acacia woodland within one of the largest flower farms.

Crayfish Camp is popular with both domestic and overseas tourists and offers a wide range of activities such as mountain biking, boating, horse riding, nature walks, indoor games and picknicking.

NYAMWEHA APPLAUDS HARAMBEE STARS FOR QUALIFYING AFCON.

By Nairobi Times -
0

BY NT CORRESPONDENT.

Former FKF president Sam Nyamweya has congratulated Harambee Stars for qualifying for Africa Cup of Nations (AFCON 2019).

“I take this earliest opportunity to congratulate the national team Harambee Stars for making it to the 3019 Africa Cup of Nations”. Said Nyamweha to the national team.

In his statement to the media, Former President Football Kenya Federation said it has been a long treacherous journey for the team but because of their patriotism hard work and focus, they have made it to the competition.

He further added that Harambee Stars has made the entire country proud and they have exhibited true Kenyan spirit of hard work. The boys have against all odds achieved what they had set out to.

“I feel happy because this is a team that we had laid foundation over five years ago when I was in office. Their achievement is a clear manifestation that with a good foundation we can achieve greater things”. Said the former FKF boss.

Veteran said qualifying to the AFCON has been a process that set a ten year plan and he was proud that what was set out to achieve has come to pass.

“While we look forward to seeing the team play in the Africa Cup of Nations next year, it’s not time to sit on our laurels. The challenge is on the team to up it’s preparations”. added Nyamweha.

COURT FAILS TO LIFT ORDER STOPPING ENTRY OF MATATUS INTO CBD.

By Nairobi Times -
0
Nairobi Senator Johnson Sakaja accompanied by several Matatu sacco officials speaking to court reporters outside Milimani Law Courts building after high court declined to lift ban on matatus entry to central business district.
BY SAM ALFAN.

Nairobi commuters and Matatu Saccos have suffered a major blow after High court declined to lift CBD PSV ban pending determination of the case.

Justice Pauline Nyamweha directed matter to be heard on Thursday a d l parties to be served .

Matatu Sacco’s and Nairobi Senator Johnson Sakaja filed a case seeking to have the ban lifted.

Senator Sakaja wants the gazette notice 4479 of 12/5/2017 issued by Nairobi Governor Mike Sonko purporting to designate public transport terminus quashed.

He also seek the Governor, Nairobi County Government and their agents or acting jointly prohibited from implementing of the said gazette notice.

The senator further wants the Governor and county government compelled to revert back to the earlier designated terminus.

He claims that the implementation of the gazette notice has denied the public convenient access to their work place , hospitals and schools.

“” Upon enquiry the public was informed that the transport terminus that were located in Nairobi County within the Central Business District (CBD) had been revoked following implementation of the gazette notice” claims Sakaja.

He argues that the said notice did not take into consideration all the needs challenges and constraints of the public transport users. The sick persons with disabilities and children stands to suffer upon full implementation of this notice.

The 21 Sacco’s argue that the decision is discriminative and was made unilaterally and without consultations with the stakeholders on the same.

“Nairobi being the capital city of the Republic is an important city for all the citizens despite the country they reside due to it being a business center and hub, “ said petitioners.

It is their argument that the gazette notice and the operationalization of the said notice banning matatus from the CBD is ill informed, based in irrelevant considerations and un proportionate.

They further argue that the said actions are inconsiderate as there was no study or effort to first ascertain whether the said designated points can accommodate the number of matatus that are being redirected there thus it is an avenue for chaos and anarchy as the rule will be survival for the fittest which is counterproductive in the civilized society that we are.

Through their lawyer , they argue that the ban may result in more harm than good as it may lead to unemployment, frustrations and therefor the young men and women may easily be inducted into criminal activities that the matatu employments keeps them away from.

“The acts of the respondents are curtailing the economic rights of the many citizens who rely on the ferrying of passengers on motor cycles as a source of livelihood,” states the court documents.

The matatu’s Sacco’s argue that the decision does not consider that the operators have valid Road Service permits from Nairobi County Government that allows them to operate in the CBD and are still valid.

Similarly they argue  that the gazette Notice issued last year was shelved due to lack of public participation.

“That as if to cure the lack of consultation and the outright lack of the observance of the public participation principle, the operationalization of the same was deferred to await the public participation aspect which would lead to the taking care of the concerns of stakeholders including the applicants and the general public who would without a doubt be affected by the said unilateral decision.” Argue the SACCO’S.

KIANDANI SELF-HELP GROUP CHAIRMAN CHARGED

By Nairobi Times -
0
Kiandani self-help group chairman Musau Maundu Muide and the group member Justice Peter Katua before Nairobi Magistrate Court where they pleaded not guilty to conspiracy to defraud charges.

BY NT CORRESPONDENT.

Kiandani self-help group chairman and a group member have been charged with conspiracy to defraud 10.5 million.

The self-help group chairman Musau Maundu Muide and the group member Justice Peter Katua are accused of obtaining 10.3 million from Stephen Waithiru Baiya by falsely pretending they were in a position to sell to him 160 shares in the prime piece of land next to Konza city in Machakos.

The two are also accused of conspiring to defraud Stephen Waithiru the same amount of money claiming they were in position to sell him a piece of land next to Konza City.

The accused pleaded not guilty before Nairobi Chief Magistrate Francis Andayi and were released on a bond of 1 million and alternative of a half a million cash bail pending hearing and determination of their criminal case.

END OF THE ROAD FOR MP KALUMA AS JUDGE ORDERS HIM TO FACE CHARGES.

By Nairobi Times -
0
Homabay Town Member of Parliament Peter Kaluma before Nairobi Magistrate Court on July 31, 2014.

BY SAM ALFAN.

A judge has ordered Homa Bay Town MP Peter Kaluma to appear before the Nairobi Chief Magistrate and plead to criminal charges.

“I order that the applicant shall present himself before Magistrate on 6 December 2018 for plea taking,” Judge Grace Ngenye said.

Justice Ngenye directed Kaluma to appear before Nairobi Chief Magistrate Francis Andayi after she dismissed his application challenging the decision to consolidate his case and another matter.

The decision was made on 14 of August and 18 of December 2014 consolidating two criminal proceedings.

“It is my finding that the application for revision has no merit. The applicant (Peter Kaluma) should take plea and proceed with the trial. The same is hereby dismissed with no orders of costs,” Justice Ngenye ruled.

The judge said the fact that the applicant is an advocate does not exempt him from criminal prosecution in transactions where, even if acting as a lawyer, he acted in furtherance of criminal venture. Kaluma argued that he is an advocate and his involvement in the transactions was in his capacity as a lawyer.

“Any offer was advanced at the behest of my clients and any other monies received were utilized to pay stamp duty and to settle legal fees for the transactions,” he had submitted.

The MP moved to the High Court seeking orders to reverse decision by the then Chief Magistrate Hannah Ndungu to consolidate two criminal cases, a mov me he opposed.

Kaluma had obtained a temporary injunction from Justice George Odunga blocking his prosecution after police filed a criminal case against him in January 2012.

He wanted the criminal cases to be heard differently but the magistrate dismissed his application.

The charge against him stated that, on diverse dates between 29 February and April 17,2012 at unknown place in Nairobi with others not before court obtained 313,000 from Constantine George Sparks by falsely pretending that you were in a position to finance processing and registration /recordation at the lands ministry a lease agreement capable of registration/recordation for the lease of land parcel No.5892/22, not encumbered by any mortgage , situated at Ololua Ridge , Karen a fact which he knew to be false.

The MP is further accused of conspiracy to defraud.

The second charge state that on diverse dates between 16 of January and 29 February of 2012 at an unknown place in Nairobi jointly conspired to defraud by offering to subdivide and sell by registration /recordation of an agreement of sale at the lands ministry, a portion of Land parcel No. 5891/22 situated at Ololua Ridge, Karen to Deboray Achieng Aduda and Rene Johny Dierkx.

Justice Ngenye said the above charges contain all material ingredients of the offences.

The court further said there was no evidence that prosecution was acting under the instructions of third parties to prosecute the MP Kaluma or that prosecution instigated ulterior motives beyond attainment.

“It was the ultimate finding of the court the Kaluma’s claim that his prosecution was commenced for extraneous purpose was not supporter by evidence “. Said the judge.

The MP in Judicial review No.13 of 2013 moved to court seeking to quash the criminal proceedings and an order of prohibition to restrain his arrest and prosecution. He alleged in that case that Briton lawyer Constantine George Sparks had instigated the prosecution against him for representing Florence Seyanoi.

He led the evidence that the said Constantine paid the former Director of Public Prosecutions Keriako Tobiko 5,000,000 million to bring the criminal charges.

Kaluma further argued that the prosecution against him is unfair and it is intended to embarrass him for performing his duties

BACKGROUND.

On July 31, 2014, Milimani Chief Magistrate Hannah Ndung’u declined to excuse herself from hearing the alleged land fraud case facing Homa Bay MP Peter Kaluma. This is after his defence Wednesday accused the magistrate of bias.

In her ruling, Chief Magistrate said there were no compelling reasons given by the defence in their application seeking her excusal from the matter apart to the alleged bias by the defence.

“Despite of my court taking the plea it doesn’t mean I will be the trial court”. Said the Magistrate in her ruling.

Kaluma had asked Mrs Ndung’u to throw away the charges leveled against him saying the charges were defective.

The Homa Bay MP had appeared in court in the morning but declined to plead to nine counts of fraud in which he is accused of defrauding Deborah Achieng and Rene Johny Dierkx over a parcel of land situated in Karen, Nairobi.

State counsel Eddie Kadebe asked Kaluma to take his plea but he declined and through his lawyer he asked the court to make a determination since the prosecution had not tabled in court the High Court order issued by Justice Weldon Korir directing Kaluma to plead to the charges.

There was a heated exchange and altercation on Wednesday between the magistrate and Ndubi and at one time he asked the magistrate to record his submissions so that his protest can go on record.

Mrs Ndungu directed Kaluma to appear in court Wednesday in the afternoon to know whether he could plead to the charges or not.

In her ruling the magistrate directed Kaluma to plead to the nine counts of fraud charges but he declined.

Defence lawyer Harun Ndubi urged the magistrate to disqualify herself from the case accusing her of bias and ‘holding brief’ for the prosecution.

“It appears to the defence that the magistrate is clearly biased against the suspect despite our preliminary objection on the inadmissibility of the charges leveled against my client. The court cannot therefore proceed to give directions that seem to determine the outcome of this case.” Ndubi.

LSK OPPOSES TOM OJIENDA JSC BID WITHOUT TAX CERTIFICATE.

By Nairobi Times -
0
Law Society of Kenya representative to Judicial Service Commission Prof Tom Ojienda.
BY SAM ALFAN.

Law Society of Kenya is opposed to clearance of Prof Tom Ojienda bid for Judicial Service Commission member without clearance from Kenya Revenue Authority.

LSK in their response opposed strongly application filed by lawyer Tom Ojienda seeking to be allowed to vie for a member of  Judicial Service Commission (JSC) for the second term without the tax compliance certificate.

The legal profession body through Senior Counsel Paul Muite urged the court not to issue a mandatory order sought by Ojienda adding that the certificate is a requirement for those seeking to represent the LSK in the Judicial Service Commission.

“We urge you to reject the application to issue a mandatory order that LSK must allowing the petitioner to vie for the JSC position without a tax compliance certificate, ” said Muite.

He said that according to LSK code of conduct the petitioner has to comply with all requirements set out for any candidate vying the position.

The court heard that deadline for potential candidates to submit their nomination is on the 10 of December this year.

Muite further informed the court that according to requirements listed by the lawyers body a candidate must be cleared by KRA and produce a Tax Clearance Certificate to that effect to prove that they have been paying their taxes and that there’s no pending tax liabilities due to the candidate.

Muite also informed the court that Ojienda is yet to tender his documents.

The lawyers’ body says that it has received numerous nomination forms from different candidates for consideration, however Ojienda is yet to tender his nomination papers for considerations.

“LSK is a neutral body in this dispute. There is no evidence that has been table court to show that LSK  has tried to or intended in any way to lock out Ojienda from vying for the position position of JSC,” said Muite.

NGO SEEKS TO STOP ABORTION BAN.

By Nairobi Times -
0
Center for Reproductive Rights regional Managing for Africa Nyasha Chingore-Munazvo, regional senior director for Africa Evelyne Opondo (centre) and their lawyer Sofia Rajab Leitapan outside Milimani Law Court building after filing a petition challenging government move to ban Marie from offering any form of abortion on Friday November 30,2018/PHOTO BY S.A.N.
BY SAM ALFAN.

A Human Rights lobby group and activist have challenged government move to ban health reproductive service provider Marie from offering any form of abortion.

“Pending hearing and determination of the petition, a conservatory order does issue staying the ruling by the KMPDU in particular order 1 of the ruling dated the 10 November 2018” said petitioners.

They wants orders issued suspending the decision by the Director of Medical services banning the provision of any post abortion care services by Marie Stopes Kenya and contained letter in his letter dated the 20 of November this year.

They also seeking KMPDU compelled to provide all the records related to the matter of Ann Kioko vs Marie Stopes Kenya including full proceedings of the preliminary inquiry committee of the Medical Practitioners and Dentists Bond hearing held on Wednesday 7 November 2018, Certified copy of the decision of the preliminary inquiry committee of KMPDU, Minutes of the full KMPDU held on THE 10 November who sat in considering complaints against Marie Stopes, list of members among others.

Through lawyer Sofia Rajab Leitapan, the lobby group said the decision is contrary to the constitution specifically right to life and health.

The petition was filed this afternoon a week after the Kenya Medical Practitioners and Dentists Board (KMPDB) suspended International reproductive service provider Marie Stopes from offering abortions and post-abortion care on November 14.

Network for Adolescents and Youth of Africa alongside activist Jackline Mary Karanja claim that the ban was issued as a result of misinformation and is a deterrent for any woman or girl in Kenya from accessing safe abortion and post abortion care or lifesaving services lawfully.

The organization also claims that as are result of the said ban women and girls who present themselves in Marie Stopes Clinics in need of urgent medical emergency care in the form of safe abortion and post abortion care cannot access lawful, vital lifesaving services.

The ban is a deterrent for any woman or girl in Kenya from accessing safe abortion and post abortion services owing to the misinformation it communicates and resultant chilling effect on health service providers who provide chilling effect on health service providers  who provide safe  and legal abortion and post abortion care services, “

While speaking to NairobiTimez outside Milimani Law Courts after filing the petition, the organization through it regional senior director for Africa Evelyne Opondo and regional Managing for Africa Nyasha Chingore-Munazvo said it had filed a petition seeking the high court to declare the ban by the Kenya Medical Practitioners and Dentists Board (KMPDB) unconstitutional.

“We have filed petition challenging KPNDU ban on Marie Stopes Kenya ordering them to stop forth will provision of any abortion services including post abortion care services.  We are challenging that ban because it is unconstitutional”. Regional senior director Evelyne Opondo said.

The regional director further said the impact of that ban is beyond Marie stops Kenya it affecting the right to health for women and adults.

“We are challenging the process through which that decision was reached. We are saying the impact of that ban is beyond Marie stops Kenya it affecting the right to health for women and adults across the country and it has created a chilling effect such that providers who ordinary provide legal abortion services are not providing that service for fear of arrests and intimidation”. Added Opondo.

Opondo further said there are number of women in Kenya who have either died from abortion related complications or living with abortion related complication and in 2013 ministry of health released a study that there were about 460,000 abortion in Kenya in 2012.

The lobby group is seeking conservatory orders to suspend the decision by the Director of Medical Services  barring the provisions of post abortion care services by Marie Stopes Kenya as contained in his letter dated 14th of this month.

“We are asking the court to lift the ban that was puts on Marie stopes from providing legal abortion services. The other order we are seeking have to do with the ban that was placed by KPMDU restricting Marie Stopes from providing certain information to adolescence on the basis that they felt it was not appropriate and in our opinion that was not well informed decision” said regional Managing for Africa Nyasha Chingore-Munazvo.

They claim that there’s a real danger that as a result of the denial of emergency medical treatment, any inordinate delay may exacerbate the medical emergency, leading to serious morbidity and in some cases, lead to a patient death.

In the petition filed at the Milimani Law court this afternoon, the organization has also named Kenya film and Classification Board and want the court to overturn a decision that banned advertisements related to public awareness campaign on comprehensive reproductive health services undertaken by Marie Stopes.

Three weeks ago Kenya Medical Practitioners and Dentist Board (KMPDB) banned Marie Stopes from offering any form of abortion services in all of its 23 facilities within Kenya.

The facility was also directed to submit, within 60 days, a report of the reviewed guidelines “to conform with the law.

Network for Adolescents and Youth of Africa alongside activist Jackline Mary Karanja have listed Attorney-General, the Health minister, the director of medical services, the medical board and the Kenya Film Classification Board as the respondents in the matter.

Countries that restrict access unless an abortion is necessary to protect the woman’s physical health include three European countries, Poland, Lichtenstein and Monaco – as well as South Korea, Jordan, Argentina and Costa Rica.

Among other countries protecting the woman’s mental health as grounds for access abortion are New Zealand, Israel, Malaysia, Colombia and Thailand.

1...263264265...456Page 264 of 456
Nairobi Times
Powered By NTimes

POPULAR POSTS

POPULAR CATEGORY

Powered By Nairobi Times