A woman is demanding upkeep for a child she sired with Nairobi County Secretary Peter Kariuki.
Kariuki was formally working at the office of the Deputy President before his appointment to head the Nairobi County.
It is alleged that he has not complied with a court order directing him to pay for the upkeep of the child.
The order was issued on November 2017 by the court directing him to take care of the minor’s medical and provide Sh25, 000 monthly for food.
The mother, through lawyer Paul Elkington told the trial magistrate, that the Mr Kariuki has neither responded to the application despite being personally served by a court process server and G4S services.
He has not denied being the biological father to the minor, this ought to have been demonstrated if he filed a reply to the application, the lawyer says.
The court was also told that the minor and two other children of Mr Kariuki from his marriage attend same school and church which aspect attest to the parents close relationship.
The mother has also offered to support the child by paying for the house help, driver and watchman as part of her parenting duty.
According to the lawyer, Mr Kariuki should be ordered to pay Sh2.5 million being maintenance for a full year and Sh150,000 monthly upkeep.
suspended MD Ken Tarus and his predecessor Ben Chumo/PHOTO BY S.A.N.
BY NT CORRESPONDENT.
Top former Kenya Power and Lighting Company (KPLC) including suspended MD Ken Tarus and his predecessor Ben Chumo will remain in police custody pending further hearing on bail application.
This is after the two MD together with other 9 KPLC managers were charged with several corruption charges among them conspiracy to commit an economic crime, abuse of office, aiding the commission of a felony, willful failure to comply with the law, conspiracy to defeat justice and fraudulent acquisition of public property and procurement/supply of faulty transformers.
The prosecution alleges on diverse dates between August 3,2012 and June 12,2018 at Kenya power and lightning company in Nairobi county in the Republic of Kenya jointly with others not before court conspired t OK commit an offence of economic crimes namely fraudulently acquistion of public property to wit USD 4,081,920.29 KPLC for supply of transformers video tender no KPl /9AA-3/PT/09/11-12 by Muwa trading company Ltd a limited liability company.
Those charged alongside Chumo and Tarus include Beatrice Meso, K.P.Mungai, Joshua Mutua, Abubakar Swaleh, Samuel Ndirangu, Stanley Mutwiri, Benson Murithi, Peter Mwicigi, John Ombui and director of Muwa James Njenga Mungai.
They are further accused that on May 5,2018 at KPLC in Nairobi county Chumo being the MD/ CEO, Meso the General Manager corporate affairs and Company secretary, Mungai, General manager business strategy, General resource and administration, Mutua General manager information communication technology, Tarus general manager infrastructure development, Swaleh Network Management, Ndirangu regional Co-ordination, supply chain respectively, in abuse of their by facilitating the directors of Muwa to fraudulently acquire public property worthy over 200 million shillings for the supply of substandard transformers.
New appointed acting top managers of KPLC.
In the case also charged is Muwa company limited together with its three directors who allegedly won the tender to supply the transformers. The directors to believed to be from the same family.
The court was told that two MUWA directors , mother and son are out of the jurisdiction on mediacal grounds and that they will appear in court once they come back from UK.
They all pleaded not guilty to charges leveled against them by the prosecution.
Dr.Tarus in another file was charged with carelessly failing to comply with procedures and guidelines relating to procurement which led to fraudulent payments of 159,195,36.41 shillings to companies that were unprocedurallly prequalified for labor and transport service.
In that case he was charged alongside four Engineers Daniel tale, Noah ongano Omondi, Evelyne Pauline Amondi and businessman James Kariuki.
Defece lawyers have asked the court to grant the accused persons bail saying that bail is a fundamental right adding that the accused persons if released on bail will abide with all conditions set by the court.
” There are no compelling reasons table before court by Inspector Walter Oginga Okello as to why the accused should be denied bail,” said Ojienda.
He said that his clients are not a flight risk as they all fixed abode are well know to the officers.
The prosecution objected to the accused being released on bail on grounds that they will interfere with witnesses in the case.
They further said that if granted bail the accused persons are likely not to attend court proceedings.
City tycoon Raju Sanghani with his lawyer before a Nairobi Court during the cross examination on commercial dispute case on Monday 16,2018/ PHOTO BY S.A.N.
BY NT CORRESPONDENT.
Billionaire has dismissed claims that he is bankrupt and termed the allegations as malicious
The City tycoon Raju Sanghani wants former proprietor of Jack and Jill supper Market Mr Schon Noorani desist from carrying out smear campaign against him by spreading malicious rumors that he his bankrupt.
Mr Raju has not denied owing him a balance of Kshs 167,270,500, saying Noorani has been previously paid in vouchers to tune of over Sh 2 million, adding that bankrupt issue does not arise.
Mr Raju states that from January 2016 to April 2018 has paid him a total of Sh 303,153,501 this indication shows that Noorani claim contains a lot of falsehoods that goes towards tarnishing the good reputation of the business tycoon.
The dispute between the parties is still pending before commercial court awaiting determination.
“As per the terms of agreement, I have made payments in installments defraying the principal sum and an interest of 1.5% per month to a total amount owed. I have always paid all installments in time and never been in arrears”, he argued.
He claims that due to unreasonable interest rates imposed to him by the creditor, it is becoming increasingly difficult for me to make the monthly payments.
Attempts to reach agreement with Noorami on payment structure has proven futile due to his unreasonable demands on interest calculations compounded.
Turkana East Member of Parliament Mohammed Ali Lokiru was elected in a free and fair election.
The court of appeal has upheld the election of Turkana East MP Mohammed Ali Lokiru of ODM.
“The 3rd respondent’s Notice of Motion dated 3rd April, 2018 is dismissed with no order as to costs” ruled the judges.
Former MP Nicholas Ngikor (Jubilee) had appealed Lokiru’s election after the High Court initially dismissed his petition.
“The appeal is dismissed with costs to the respondents”Court ruled.
Three appellate -judges led by Justice Erastus Githinji ruled that irregularities cited by Ngikor could not warrant the nullification of Lokiru’s election .
Ngikor had t argued that the IEBC suspended the use of electronic voter identification in three polling stations thus interfering with the results.
“Under the election laws, the returning officer has powers to suspend the use of technology and revert to manual systems as was the case here,” said Githinji.
He also dismissed claims by Ngikor that the IEBC hired relatives of some candidates who may have interfered with the polls.
“We found and hold the submissions of the MP’s lawyer Philip Nyachoti that no fault in the IEBC hiring such people so long as they are reasonable and there was no proof that such hiring interfered with the elections.
Central Organisation of Trade Unions (COTU) boss Francis Atwoli.
BY NT CORRESPONDENT.
High Court has blocked Labour Cabinet Secretary Ukur Yattani from convening a NSSF Board meeting.
This is pending a petition filed by Central Organisation of Trade Unions (Cotu) boss Francis Atwoli.
Judge Byram Ongaya issued the order after Atwoli filed an urgent case saying the CS had failed to gazette and appoint its nominee to the Board of Trustees Ms Damaris Wanjiru Muhika.
” The minister under the NSSF Act is only required to comply by accepting the nomination of names submitted to him or her” the lawyer said.
Achiando said the Board was about to hold its first meeting to consider various issues among them financial reports, approval of projects, advertise, interview and appoint the general manager of the various departments, without the input of its nominee.
He said the failure to appoint Ms Muhika was unlawful and a violation of the law governing the institution of a body discharging functions of a public nature.
Atwoli said in a sworn statement that on March 26, he wrote to the CS drawing to his attention the need to appoint Ms Muhika as Cotu’s nominee to the Board. He said that to-date, Mr Yattani was yet to respond to the letter. He said he wrote a reminder on June 8 but the CS was yet to act.
He said it was only last week that Mr wrote back saying he was still scrutinizing the recommendations, to check compliance with the constitutional requirements. But Mr Atwoli said the CS does not have such powers but the move was meant to frustrate Cotu’s representation to the Board.
Mr Achiando said the CS was sidelining Cotu’s nominee against the provisions of the law should not be allowed. He told the Judge that the Board cannot hold its sittings without Cotu’s representative.
The Judge certified the case as urgent and directed Mr Atwoli’s lawyer Okweh Achiando to file the case by Monday and serve it to the CS, Attorney General and National Social Security Fund (NSSF) Board.
IEBC Chairman Wafula Chebukati could be jailed for refusing his CEO return to work as ordered by court.
He has been ordered to personally appear in court to show cause why he should not be committed to jail over Ezra Chiloba suspension.
The orders were given by Justice Stephen Radido.
Also directed to appear in court include commissioners Abdi Yakub Galiye and Boya Molu.
“This honorable court do issue a thirty day Notice to Wafula Chebukati, Abdi Yakub Galiye and Boya Molu to personally attend court to show cause why contempt of court proceedings should not be commenced against them,” read the order.
Embattled IEBC CEO Chiloba contested his suspension.
He wants Chebukati jailed for denying him access to his office.
Chiloba also says that Chebukati and his team purported to suspend him in a manner intended to undermine the decision of the court.
Mr Chiloba through his lawyer Andrew Wandabwa says that the due process was not followed in suspending him adding that he was not given time to defend himself over the allegations raised by the commission.
“We have never been given opportunity to defend the report,” argued Wandabwa.
The commission on its part has filed a preliminary objection saying that the court has no jurisdiction to entertain the petition by Chiloba.
According to the commission, the application by Chiloba raises new cause of action adding that the CEO remains suspended.
In the view of the court, that broad provision of oversight mandate could not triumph over the contractual and legal provisions for dealing with case where disciplinary action may be implicated considering the constitutional, statutory and contractual protections assured public officers holders such as the applicant,” he said.
Mr Chiloba had named Mr Chebukati and Commissioners Abdi Guliye and Boya Molu in the case saying they acted in their personal interest and not for the benefit of the public as alleged.
Mr Chebukati defended the suspension arguing that it was done in good faith and meant to enable the commission to undertake a comprehensive audit of all the major procurements that related to the 2017 General and repeat poll, which was held on October 26.
Through lawyer Andrew Wandabwa, Mr Chiloba moved to the Employment and Labour Relations Court arguing that the acts of the three IEBC officials were actuated by the desire to injure him.
Former commissioners Consolata Maina, Margaret Mwachanya and Paul Kurgat had been named in the petition and were defended by Mr Stephen Gitonga.
Mr Chiloba accused the Chairman of orchestrating his removal because of differences on issues such as assignment of duties to staff, the procurement of the Kiems kits and ballot papers, in addition to the way last year’s presidential elections were conducted.
“The report can’t be given to him before any charge is preferred against him,” court heard Proceedings resume next week Thursday 19.
Officials of Nairobi City County Workers Union Benson Olianga Oriaro Union secretary general and his deputy John Benard Murioki escorted to Milimani Law Court basement cells on Tuesday July 10,2018/PHOTO BY S.A.N.
BY NT REPORTER.
Officials from Nairobi City County Workers Union have been charged in a Nairobi court.
The two are accused of demanding a Sh200, 000 to assist a colleague to be included in a demand for delayed September 2017 salary.
Benson Olianga Oriaro, the union’s Secretary General and his deputy John Benard Murioki, appeared before the anti Corruption court where they denied the charge.
According to the prosecutor, the two committed the offence on October 16 and 17 2017 at Nairobi County.
However, the accused lawyer Mr Bryan Otieno asked CM Douglas Ogoti to order the prosecution to provide them with witness statements to prepare for trial.
The City Hall Workers Union were going on strike demanding Governor Mike Sonko to pay them a Sh18 billion debt the county owes them in unpaid statutory deductions and September 2017 salary.
Defence application to have the matter withdrawn was opposed by state prosecutor, saying the matter was of public interest since it affect economy of the country.
The prosecutor said that the county government has no authority to withdraw corruption charges against the accused persons adding that only the Director of Public Prosecutions Noordin Haji has the mandate to drop any charges against them.
Elected Court of Appeal representative to Judicial Service Commission Justice Mohammed Warsame.
BY SAM ALFAN.
High court has permanently barred parliament from vetting Justice Mohammed Warsame for the position of member of the Judicial Service Commission.
“A permanent injunction is hereby issued prohibiting the National Assembly from vetting or approving Justice Mohammed Warsame as member of Judicial Service Commission” Ruled Mwita.
Justice Chacha Mwita further invalidated decision by President Uhuru Kenyatta to forward the appellate judge name to the National Assembly for vetting and approval.
“Order is hereby issued invalidating the purported nomination by President of Justice Mohammed Warsame as member of judicial service commission and forwarding his name to the National Assembly for approval and subsequent decision by the National Assembly in that regard” court ordered.
On March 9, Pusine Judge Mohammed Warsame was elected by the judges of the court of appeal as a member of the judicial Service Commission.
Warsame’s name was submitted to the National Assembly by President Uhuru Kenyatta for vetting before he could appoint him to serve in the commission.
This was after Court of Appeal judges nominated him for a second time to the commission.
In a 43 page ruling, judge observed that, there was attempt to subject an elected member of JSC to approval by the National Assembly contrary to the constitution.
“A declaration is hereby issued that justice Mohammed Warsame having been elected by Judges of the Court of Appeal as a member of the Judicial Service Commission in accordance with Article 171(2) (c) as read with section 16 of the Judicial Service Act, is nor subject to approval by the National Assembly under Article 250 (2) of the constitution.” Ordered Mwita.
Breaking News…High Court rules that justice Warsame can't be vetted by parliament and the president has no powers to nominated him to JSC having been lawfully elected by judges of the court of Appeal…he can be sworn by the CJ any moment…@WehliyeMohamed@DonaldBKipkorir
— Ahmednasir Abdullahi (@ahmednasirlaw) July 6, 2018
Law Society of Kenya moved to court seeking to suspend the Notice inviting members of the public to submit representations to the National Assembly concerning the vetting of Warsame.
LSK argued that Mohammed Warsame automatically became a member of the Judicial Service Commission by operation of Article 171(2)(c) upon his election by the court of appeal judges.
Speaking to NairobiTimez ,Law Society of Kenya Chief Executive Officer Mercy Wambua welcomed the court decision.
“We are happy with the Judgement the Judge has upheld the Rule of Law and the Constitution” Mercy Wambua.
Busia Governor Sospeter Ojamong before Nairobi Anti-Corruption at Milimani Law Courts on Wednesday July 4,2017/PHOTO BY S.A.N.
BY NT REPORTER.
For two nights, Busia Governor will have to forget his luxurious 6×6 bed and sleep on the floor in a police station.
Governor Sospeter Ojamong will spend the nights in custody waiting for a court decision on whether he can be released on bail.
He will be detained at EACC police station until Friday when trail magistrate Douglas Ogoti will deliver his ruling.
This is after the prosecution opposed Ojamong’s release on bail arguing that he is influential and if released on bail, will interfere with witnesses lined up in the case to testify against him.
The court was told that most of the witnesses in the case are juniors to the governor.
Further the court was told that there are compelling reasons to have the governor and other co-accused persons denied bail pending hearing and determination of the case.
His lawyer SC James Orengo opposed the application saying that they presented themselves before the commission adding that there are no compelling reasons to have the governor and others denied bail.
“There’s no material placed before this court to demonstrate that the accused persons are likely to interfere with witnesses in the case,” SC Orengo said.
The governor together with Benard Yaite, Allan Ekweny and Samuel Ombui pleaded not guilty to the corruption charges leveled against them.
The seven charges range from abuse of office, conspiracy to commit an economic crime, engaging in a project, willful failure to comply with the law relating to management of funds and fraudulent acquisition of public property.
According to count one Ojamong and others are accused that they jointly conspired to commit an economic crime by engaging in a scheme to defraud the county government of Busia Sh8 million by entering into an MOU for feasibility study on solid waste management.
The Busia county governor is also accused of abusing his office to improperly confer a benefit of Sh8 million by signing the agreement which had not been competitively procured as per section 2(b) of the public procurement disposal act 2005.
Chairman of the newly formed multi-ethnic Elders Association of Kenya accompanied by members of the organization’s council addressing the media in Nairobi on Wednesday July 4,2018.
BY NT CORRESPONDENT
The newly formed multi-ethnic elders want birth locations removed from national identity cards.
According to a group dabbed Elders Association of Kenya (EAK) having birth location on the ID is promoting tribalism.
Speaking to the press when they launched the outfit, the elders said for the country end tribalism, the ID should be changed.
Martin Kinyanjui, the founder of the organization said the elders have come together so that they can promote national cohesion and integrations.
They hold that they would like the Kenyan identification cards to be changed and place of birth and location to be removed as they bring about tribalism.
The association is not only for the people who are above the age of 54 but also those who are below that age.
Through its internship programs, the elders outfit said will work towards rehabilitation of Kenyan youths who have fallen victims of to drug abuse.
“We shall work with the government to fulfil the Big four agenda because as they say, they are rooting for peace and development within the country,” Mr Kinyanjui said.
Mohammed Galgalo who is the former MP for Moyale and who is now the Secretary General of the Union said that they want to reach all corners of the country so that they will promote national Unity and fight Tribalism.
He said that Tribalism if the major barrier to economy growth of Kenyan Economy and other developments.
Galgalo also added that the association will not be interfered with by politicians because their objective is to empower Kenyans.
“We shall travel all over the country preaching peace and we shall also discourage the youths from engaging into drugs and illicit blue,” said Galgalo.
Mohammed Malicha Galgalo said they shall train and empower women and youth on job creations.
He added that it will work together with the Government towards fighting corruption.
“The association through its internship programs, shall work towards rehabilitation of Kenyan youths who have fallen victims of to drug abuse,” he said.
The members said that the association is a Non-profit making organization and is multi-ethnic and regional.
“It will have power to own and transfer assets and will promote sport and activities of the youth,” said Galgalo.
They will be conducting recruitment after every 2 years and will set up county branches before holding their first annual general meetings and elections.
