Kenya Youth Empowerment Project students Stephen Kagiri Kariuki before a Nairobi Magistrate Court on Tuesday November 13,2018/PHOTO BY S.A.N.
BY REPORTER.
A student accused of attempting to steal over Sh 45 Million has been charged before a Nairobi Court.
Kenya Youth Empowerment Project students Stephen Kagiri Kariuki appeared before Magistrate Kenneth Cheruiyot and denied three counts of attempting to steal, stealing and handling stolen properties.
He is accused that on diverse dates between November 3, 2014 and November 17, 2017 at Equity Bank Headquarters Nairobi, jointly with others not before the court, conspired to steal Sh 45,166,720 the property of the said Bank.
Mr Kagiri is also accused of stealing Sh 3,162,899 on diverse dates between April 29, 2016 and November 17, 2017 at Equity Bank Githurai Branch Nairobi.
Kagiri at the same time denied the last count of handling stolen money on April 29, 2016 and November 17, 2017 at Equity Bank Githurai Branch Nairobi.
He pleaded not guilty and was released on Sh 150,000 cash bail.
Former Independent Presidential Candidate Peter Solomon Gichira and Faith Muru speaking to journalists outside High Court building at Milimani Law Court after filing a Petition seeking orders to compel Kenya National Examination Council to set up supplementary examination for students with pregnancies on Tuesday November 13,2018/PHOTO BY S.A.N.
BY SAM ALFAN.
Former Independent Presidential Candidate Peter Solomon Gichira and two parents whose children got pregnant while in form four want the court to order Kenya National Examination Council to set up supplementary examination for students with pregnancies.
Mr Gichira , Faith Muru and Mirian Mweni Mutuathrough Through lawyer Karanja Kamotho and Dedan Wachira want candidates who have given birth within one and three months be exempted from sitting national examination and be allowed to do supplementary exams.
” If the court do find the petition is merited the supplementary examination be administered at least three months after the last date of Kenya Certificate of Primary Education and Kenya Certificate of Secondary Education Examinations” the petitioner states.
The three further want the court to order supplementary examinations be administered at least three months after the last date of the Kenya Certificate of Primary Education and Kenya Certificate of Secondary Education examinations as the case may be.
They are also seeking orders to compel the Kenya Institute of Curriculum Development to develop, approve and implement a comprehensive sexual and reproductive health programme in the current curriculums of both primary and secondary schools.
They further want Teachers Service Commission and Ministry of Education to provide counselling services to pregnant students and new student mothers.
In her supporting affidavit , Miriam Mweni Mutua who her 17 years old daughter is currently sitting for exam after giving birth said that her daughter had to undergo a drastic lifestyle change that has made the KCSE examinations a difficult experience for her.
Her teenage daughter is sitting her KCSE papers after having delivered a healthy baby girl on 3rd November, 2018 at Mwala (Sub-County) Level 4 Hospital.
“she has to wake up at 5 am to breastfeed her one week old baby as her classmates study for the day’s paper” said Miriam.
She further added that , “She also has to clean the baby’s clothes, and because we do not have a lot of resources, we have had to get an aunt to come in at 7 am and take care of the baby while my daughter goes to her school to sit the examination. I am a casual labourer myself, so I have to leave for work in the morning as well”.
The mother further narrated to the court that her daughter cannot even sleep because of the baby who has to bed fed and changed through the night. “This means my daughter wakes up tired, and she has to expend the remaining energy to drag herself out of bed, feed and change her baby and go to school without having studied for the day’s paper”.
In a detailed affidavit filed in court, Miriam told the court that an adult took advantage of her daughter.
” My daughter was taken advantage of by an adult and I am certain that she would have made better choices had sex education been availed to her at school. I feel like a failed parent. I cannot bring myself to ask my daughter about the baby’s father because the shame will affect her KCSE performance” . stated in the affidavit.
She said she didn’t want other teenage mothers to go through what her daughter is going through and she believe it is important, necessary even, to let candidates who have just delivered or who deliver during the national examinations stay at home with their babies for at least three months before they sit for supplementary exams.
Mr Gichira, Faith Muru and Miriam Mweni Mutua, through lawyers Through lawyer Karanja Kamotho and Dedan Wachira
have argued in their petition to the constitution court that their application is centered on alarming and increased number pregnancies amongst female candidates.
They content that CS Education Amina Mohamed did order for audit on the rise of teenage pregnancies in the country she noted that the rate of teenage pregnancies has risen exponentially and a quite a number of female candidates have have given birth before sitting for their examinations.
“Respondent recently ordered an audit on the rise of teenage pregnancies in the country. While speaking to journalists, the 4th Respondent noted that the rate of teenage pregnancy has risen exponentially and a number of the pregnant teenagers have given birth while siting for national examinations, both the Kenya Certificate of Primary Education (KCPE) and Kenya Certificate of Secondary Education (KCSE)”. Said petitioners.
The United Nations Population Fund (UNFPA) 2017 report on adolescent and teenage pregnancies shows that 378,397 girls aged between 10 and 19 years gor pregnant between July 2016 and 2017.
Petitioner argue that going by the Kenyan Education system the age of 10to 19 years is of school going children normally in primary and secondary schools respectively.
The data by UNFPA further showed a prevalence rate of 40 per cent in Narok County followed by Homa Bay with 33 per cent West Pokot 29 per cent Tana River and Nyamiara with 20 per cent and other Counties followed closely.
The says that according to director of education from Kitui County a total of 72 candidates sitting for their national examinations this year were pregnant out of those 41 candidates have since given birth during the course of the examination.
The Children’s Affairs Department in Kilifi County reported 13,624 cases of teen pregnancies in the past one year.
The matter to be mentioned on the 4th of December for further directions.
Businesswoman Emmah Wangari Wangui before a Nairobi court where she has been charged with conspiracy to defraud Martha Kamba Mburugu her land on Tuesday November 13,2018/PHOTO BY S.A.N.
BY REPORTER.
Ruiru businesswoman has been arraigned and charged before a Nairobi Magistrate Court over conspiracy to defraud 2.8 million land.
Emmah Wangari Wangui a land broker is accused on unknown dates jointly with others not before court conspired to defraud Martha Kamba Mburugu her land parcel number .Ruiru/ruiru east block 3/1055 measuring approximately 0.8096 hectares located at Ruiru area.
She falsely caused the said land to be registered in the name of Emmah Wangari Wangui a fact she knew to be false.
Prosecution further accused on the 1st of October 2014 at Thika lands registry in Kiambu county with intent to defraud Martha Kamba Mburugu of her land number .Ruiru/ruiru east block 3/1055 measuring approximately 0.8096 hectares located at Ruiru area valued at approximately Kshs. 2,800,000 obtained registration of same land in Ruiru.
Emmah is also charged that on the diverse dates between 16th April and 13th May 2015 at Nairobi area with intent to defraud obtained from Amon Muturi Kiarie Kshs. 2.800.000 by falsely pretending that she was in position to sell him land NO.Ruiru/Ruiru East Block 3/1055 measure approximately 0.8096 hectares located at Ruiru area.
She pleaded not guilty before Milimani Senior Principal Magistrate Kennedy Cheruiyot. She was released on a cash bail of 150,000 and bond of 500,000 pending hearing and determination of the criminal case.
Wajir Governor Mohamed Abdi speaking with his supporters outside Milimani Law Court on Monday January 15,2017/PHOTO BY S.A.N.
BY NT CORRESPONDENT.
Supreme Court has disallowed application by the former Wajir Governor Ahmed Abdullahi to adduce additional evidence against the incumbent Mohamed Abdi Mahamud in the case challenging his degree.
“That the additional evidence be taken viva voce and by affidavits expeditiously before trial court is hereby dismissed”. Ruled the Judges.
The top court further dismissed Ahmed Abdullahi application seeking to cross-examine Wajir Governor Mohamud.
This means the governor will not be cross-examined over affidavits he has filed in court supporting his claim that he holds a university degree.
” The application by the applicacants to cross-examine all the deponent (s) of the affidavit (s) bearing additional evidence is hereby disallowed “. Court ordered.
In their ruling Chief Justice David Maraga and Mohammed Ibrahim there was no basis to review orders issued on 28th September.
The judges said Mr Abdullahi did not demonstrate that the ruling of 28th September this year was obtained fraudulently or deceitful , a nullity ,made under a mistaken belief that the parties had consented was rendered on the basis of a repealed law or as a result of a deliberately concealed statutory provision.
Governor Abdi moved to the Supreme Court following the appellate court decision that stood with the high court decision that threw out his election.
Judges Philip Waki, Milton Makhandia and Patrick Kiage said Abdi was not qualified to contest as he did not have a a degree.
In a judgement read by justice Kathurima M’inoti, the three added that Abdi wasted a chance to tell his side of the story when he failed to respond to the allegations raised against him.
Dissatisfied with the entire judgement, he contested it at the apex court.
Abdi’s election was nullified on Janaury 12 on grounds that it was not conducted according to the law.
Justice Alfred Mabeya said his academic papers were not complete since he doesn’t have a genuine degree.
Judge Mabeya also said Governor Abdi was not validly cleared to vie for the seat and noted many discrepancies in forms 37B.
Safaricom Chief Executive Officer Bob Collymore with Safaricom Director in charge of Special Project Sylvia Mulinge who DPP has appealed high court decision to block her prosecution.
BY SAM ALFAN.
Director of Public Prosecution Noordin Haji has appealed high court decision that blocked prosecution of Safaricom Director in charge of Special Project Sylvia Mulinge after she allegedly killed an eight year old child on southern bypass in a road accident.
He wants the judgement of the high court dated 11/5/2017 prohibiting DPP from prosecuting Sylvia Mulinge over traffic offence set aside.
He argues that judge George Odunga erred in law and facts in interfering and interrogating the decision of the Director of Public Prosecutions without proof that he had acted in contravention of the law.
He accused the judge for failing to warn himself that the judicial review court ought not to interrogate the merit of the decision but the decision making process and that it is not the duty of the judicial review court to consider and access merit or demerit of the intended charge as that is the function of the trial court to determine the varacity and merit of any evidence by the prosecution.
“Therefore analysis of evidence should be done by trial courtand not high court judicial review application” said DPP.
Through senior assistant director of prosecution Ashitiva Ashimoshi say’s the judge erred in failing to hold that’s as prosecution which is charges with the responsibility to make decision to charge and should not quash or prohibit the prosecution.
“The judge erred in quashing the decision to prosecute and prohibiting prosecution without a finding that the same was cobtrary to the law,without jurisdiction or consequence of any error of the law”. Ashimoshi said.
He further said Slyvia Mulinge case had never been closed at any given but she had attempted to conceal a crime from DPP a fact which was revealed by a complaint by Calorine Nasike Wanjala to the DPP culminating to the DPP calling for the file and making the decision to charge the respondent.
” Judge erred in finding that the applicant was orally informed by a police officer that initial investigations , she was not on the wrong in relation to the accident and that the prosecution had not contraverted the same which is contrary to the evidence in the file in form of recommendation and finding of the police in the letter dated 21/9/2017 finding the applicant was on the wrong and recommending the applicant be chargex with the offence of causing death contrary to section 46 of the traffic Act”, said Ashimoshi for DPP..
Justice George Odunga in his judgment prohibited Director of Public Prosecution from prosecuting her for the offence of causing the death of a minor by dangerous driving. Pastor James Ngang’a of Neno evangelism center was charged with the similar offence.
In a judgement read on his behalf by Justice John Mativo, Judge Odunga further ordered that Mulinge should not be charged at the Kibera law courts unless the police and DPP have satisfactory evidence that the circumstances have changed to warrant a review of the initial decision not to charge her.
Sylvia moved to court last year October seeking to stop her arrest and prosecution before the Kibera Court.
“An order prohibiting DPP and IG from arresting , arraigning , processing the Applicant in relation to Traffic Case No. 6843 of 2017” said Sylivia.
She also sought to block hearing and determination of the Traffic case No. 6843 of 2017 intianted against her by the charge sheet dated 13, November, 2017.
“Orders be issued prohibiting DPP and IG from taking any steps which would results cumulatively or otherwise arrest and prosecution of the applicant pursuant to the road accident which occurred on 1 February, 2015 along the Southern By pass” Sylvia said in her court documents.
She further wanted High Court to quash directive on a letter dated 19 October, 2017 purporting to re-open for the trial of Sylvia Wairimu Njuguna on a road accident which occurred on 1 of February, 2016 in a total abrogation of Sylvia right to fair administrative action.
During the time of accident, the director was assigned to a Toyota Prado which caused the accident at 11:35 a.m along the Southern By Pass as she drove from Ngong Road direction toward’s Langata Road.
Sylvia reported the accident at Langata Police station on the same day and recorded a statement relating to the accident on 2 February, 2017.
The accident killed a 8 year old girl . The matter was investigated by the police.
Two years later Mugeria , Lempaa and Kariuki moved to court seeking orders to declare refusal of police under command of Inspector General of Police to investigate and take legal action against the the Safaricom Consumer Unit Director Sylvia Wairimu Njuguna as unconstitutional and against public policy.
He further sought declaration that decision by the Langata police station to to determine the closure of the case without informing or seeking directions from the Director of Public Prosecution is inimical and contrary to the criminal justice system.
The organization further want police compelled to investigate and institute proper proceedings against the Safaricom employee.
Director of Public Prosecution to appeal another shocking decision by the judiciary.
Businessman Bryan Yongo takes on judiciary registrar over alleged mishandling of civil dispute between him and former Lugari legislator.
Mr Yongo has written a letter to Supreme Court President David Maraga complaining on the conduct of High court Deputy Registrar Elizabeth Tanui.
The businessman wants the CJ to investigate the Tanui over allegations of being compromised by Jirongo’s wife who is senior state counsel. Anne Pertet Jirongo is said to be a prosecutor in Court four high court criminal division at Milimani Law Courts as per the letter.
“I seek your intervention in this matter and urge that you urgently investigate the matter raised herein as they are grave and if the said deputy registrar is pressurized over this matter she should simply rescue herself instead of this game ping pong which call’s for supervision of justice”. Said Yongo in the letter.
In his letter Yongo raised concerns on why the deputy registrar is always absence wherever the Sh 20 million debt case against former legislator Cyrus Jirongo is coming up for mention or hearing.
“It cannot be by dint of coincidence that deputy registrar on four occasions when the matter is listed has always has an emergency or is out for a meeting. Am reliably informed that Mrs Jirongo who is a prosecutor in court four at Milimini Law court has been putting pressure on the said deputy registrar to assist the husband into this matter”. said Yongo.
Sources within DPP informed NairobiTimez the said prosecutor is currently stationed at headquarters and no longer at high court four as stated in the letter.
Yongo in his letter to CJ Maraga also claims he has received death threats relating to the matter.
He claims that a High profile politician from Western Kenya told him that the matter has been compromised.
The letter is further copied to the Milimani Commercial Presiding Judge Lady Justice Mary Kasango, Judicial Service Commission, The Executive Officer and Wagara, Koyyoko &Co Advocate.
The civil dispute case was scheduled for Firday for highlighting submissions but the matter could not proceed since the Deputy registrar was said to be absent.
Senior high court Prosecutor Anne Pertet Jirongo , former Lugari Member of Parliament Cyrus Jirongo (centre) and devolution cabinet secretary Chris Wamalwa leaving Milimani Law court basement cells on September 20, 2018.
Cyrus Jirongo spent few nights in police custody.
Businessman claims Mr Jirongo has failed to settle a Sh20 million debt.
Tanui had issued warrant of arrest dated 6 August 2018 and ordered OCS Muthangari police station to execute the same with speed.
Registrar in her ruling said that, notice to show cause has been in place for same time, since Jirongo made proposal to decree holder ( Yongo) to settle the debt and has not honored either.
” Its time since the court stamped its authority by issuing warrant of arrest against Jirongo who has been evasive to court orders” she said.
The court said that Jirongo has refused to appear in court to explain reasons why he issued bad cheques to the decree holder.
The amount remains unpaid since the time when the plaintiff obtained judgement against him, the case was filed in 2015.
Mrs Tanui noted that unless same sh 20 million as noted in the margins in the decree, the debtor should be arrested at convenient speed and brought to court to show why he should not be committed to civil jail.
High Court has suspended orders issued by magistrate court directing release of prosecution exhibits to accused Arafat Ikumu Omar.
Justice Jessie Lessit issued the order yesterday after prosecution made successful application.
“The orders in the miscellaneous application no 3227 of 2018 is hereby granted” ruled the judge.
Nairobi Residents Magistrate Nzibe had ordered that exhibit which were to be used by prosecution be released to the accused person Arafat Ikumu Omar.
“This revision is challenging the order of the duty court in miscellaneous case NO.3227 of 2018 releasing exhibits held by the police to the accused person”. Said Prosecution person.
Director of Public Prosecution through senior prosecutor Susan Kuruga told the high court that main trial against Arafat Ikumu Omar where the said exhibits will be used is coming up for hearing on 1th December 2018.
Prosecution applied for execution order of the trial court releasing the exhibits to the accused pending hearing and determination of the revision.
In an affidavit, Susan told the court the exhibits include motor vehicle Toyota Lexus, two Toyota Axion , Toyota Prado and log books.
Also the accused was charged on 5th September this yeae according to the charge sheet.
The magistrate in her ruling claimed the charge sheets does not mention the said items and does not include charges as submitted by prosecution.
” There is high suspicion the vehicles were illegally obtained and used in the facilitation of other criminal activities by the accused in others places hence likelihood of the accused being linked in the commission of several heinous crimes”. Stated Susan in the affidavit.
Prosecution said the motor vehicles are also suspected to be proceeds of crime and should therefore not released to the accused.
“The investigations are complete and there’s amended charge sheet which is set to be filed in the trial court on 29th November 2018”. Said prosecution.
Investigations revealed that the motor vehicle Toyota Lexus is registered in the name of Anbe Chelang’at Ngetich and police intend to interrogate the said person to enable further investigations.
” As per National Transport and Safety Authority records the same are registered under the accused person however i believe they are proceeds of crime and they are to be used in the prosecution of this matter as exhibits “. Said Susan.
Prosecution further said for the purpose of fair and cogent investigations, the said motor vehicles and log books in question require serious forensic dusting and listing as pertains to chassis and engine numbers to ascertain whether their manufacturers numbers are intact or have been tempered with criminally to conceal their identification.
Two employees of the fake doctor Mugo wa Wairimu Victor Gathiru Kamunya, 22 years and Risper Auma Agony before Nairobi Magistrate Court.
BY NT REPORTER.
Two employees of the Rogue doctor Mugo Ndichu alias Mugo wa Wairimu have been charged for practising without licenses.
The 22 year old Victor Gathiru Kamunya and 19 year old Risper Auma Agony are accused that on 3rd November 2018 at Millan Health Care International Limited in Kayole, jointly with others not before court were operating a business of a pharmacist while not registered as pharmacists.
The two were also charged with operating a medical laboratory without registration and licence by the Kenya Medical Laboratory Technicians and Technologists Board.
The court also heard that the two accused persons were practicing as unregistered and unlicensed persons contrary to the Medical Practitioners and Dentists Act.
It is alleged that the accused persons willfully presented themselves as doctors to Yumbia, CEO Kenya Medical Practitioners and Dentists Board, professing to be practising medicine.
Kamunya who alleges to be a student at Kenya Medical Training College (KMTC) and an intern at the clinic is further charged with using the title ‘Doctor’ by presenting himself as Dr Victor having not acquired a higher academic doctorial qualification.
Auma alleges to be a student at Kiriri University in Githurai, Nairobi.
They are also accused of practicing nursing while not registered and licence under the Nurses Act.
They pleaded not guilty before Senior Principal Magistrate Martha Mutuku.
The prosecution did not object to the release of the accused persons on bail. However the magistrate directed that a probation report be tabled before bail is issued.
“This is a suitable case for a probation report to be tabled in court before bail is issued,” directed the magistrate.
The case will be mentioned on 15 for pre-trial.
The two were arrested after flying squad’s head of operations John Njoroge and his team stormed the clinic with Kenya Medical Practitioners and Dentists Board CEO Daniel Yumbya.
Victor was found attending one of the patients at the clinic.
Mutuku remanded them until Thursday to await a pre-bail report before setting bond terms.
Police are still looking for Mugo after he was named as the owner of the clinic.
Former murder convict Albert Kibai Mbogori who told court he is unable to pay more than Sh18 million compensation to the family of Edward Benjamin Rahedi.
BY REPORTER.
A former murder convict being sought over a debt by a family of businessman he fatally shot more than ten years ago has pleaded with the court to declare him bankrupt.
Albert Kibai Mbogori told Justice James Makau he is unable to pay more than Sh18 million compensation to the family of Edward Benjamin Rahedi.
Mbogori told Justice Makau that bad health has affected him for the last five years and the amount sought, is beyond his means.
Heavy said he has been depending on his wife for upkeep. He said it was his wife who was paying for the house rent and children’s school fees.
Do you know the consequences of the order you’re seeking? Asked Justice Makau.
Mbogori said yes and said if given time, he will compensate the family. He said his friends and relatives were organizing a fundraiser for him and he was extremely remorseful over the incident.
The Judge further asked him whether he has an account and how much was in it and he said, “Yes I hold an account at KCB which has about Sh20,000,” he said.
The Judge, however, rejected an application to stop executions for warrant of his arrest, saying the matter has previously been dealt by another judge. “I find no justification to grant the stay of the executions,” he said.
Violet Rahedi, whose husband was shot by Mbogori accused of refusing to pay the amount, more than seven years since she obtained the judgment.
Mbogori shot Mr Rahedi in a road rage incident on December 1, 2007. This was after leaving a club in Ongata Rongai and was shot near the Bomas of Kenya, following a minor accident. He died about three months later in hospital.
Mbogori explained to Justice Makau yesterday that he was arrested and later charged with attempted murder and the charge later changed to murder following the death of Mr Rahedi.
He was found guilty of manslaughter and jailed for 14 months. Mrs Rahedi later filed the case seeking damages for loss of dependency and expectation of life. She successfully argued that Mr Mbogori negligently fired the bullet from a gun, leading to her husband’s death.
Justice Hatari Waweru then ordered Mbogori to pay the family Sh12.5 million as compensation. Mrs Rahedi was to get Sh7 million while her two children were to get Sh2 million each, while Mr Rahedi’s father was to get Sh500,000.
Mbogori filed an appeal but it was dismissed by Appellate Court saying the amount was justified. They parties appeared before the Deputy Registrar and early this year, he promised to settle the amount.
Lawyer Professor Kiama Wangai for Professor Stanely Ominde Khainga speaking to NairobiTimez at Milimani Law Courts on Thursday October 25,2018/PHOTO BY S.A.N.
BY SAM ALFAN.
High court has suspended move by Nairobi Hospital management board to suspend top surgeon Professor Stanely Ominde Hkanga.
Employment and Labour Relations Court judge Justice Bryan Ongaya, said decision by hospital management board as contained in letter dated 8 October 2018 will remains suspended until the hearing and determination of petition lodged against the hospital board management.
“Pending the hearing of te petitioner’s application there shall be a stay of implementation of the decision suspending the applicant’s admitting rights” judge said
Professor Khanga had applied to the hospital to use its facilities as a consultant plastic and constructive surgeon on 7 August 2006 and the same was approved as a courtesy member of staff with admitting rights.
The applicant through his lawyer Professor Kiama Wangai, told the court that in 6 June 2018a patient by the name June Wanza Malupi was referred by the doctor from the applicant’s medical facility to the hospital to unde go breast augmentation and ;liposuction.
The patient after operation she passed on and the hospital blamed the applicant being the reason for suspending his admitting rights, the lawyer told the court.
Professor Stanely Ominde Khainga petitioned that Employment and Labour Relations Court to lift two suspension letters issued by the Hospital management one dated 8 October 2018.
He also claimed that the management has acted contrary to its information contained in booklet by the standard audit and ethics committee which guideline on how such suspension can be issued against a doctor.
Professor Wangai said that by te time the suspending orders were issued no investigation has been carried out.
Professor Khainga was aggrieved with decision and sought Employment and Labour Relations Court to lift two suspension letters issued by the Hospital management one dated 8 October 2018.
He said the suspension is against rules of natural justice meant to deny the petitioner’s right to earn a living.
“The reason for suspension of admitting rights have no connection to employment contract with petitioner and hospital management” the lawyer says.
Professor Wangai contented that no investigation has been conducted in relation to the death June Malupi who passed on while undergoing operation.
The management has acted contrary to its information contained in booklet by the standard audit and ethics committee which guideline on how such suspension can be issued against a doctor.
