Blog Page 291

MAN BEHIND FAKE CITY COUNTY ASSEMBLY VIP CAR PARK STICKER CHARGED.

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Nairobi City County Assembly fake VIP car park sticker suspect Vincent Anthony Ominde Awuoche before a Nairobi Court.

BY NT REPORTER.

A man suspected to be behind fake Nairobi City County Assembly VIP car park sticker  has been charged before a Nairobi Court.

Vincent Anthony Ominde Awuoche is accused on unknown date and place in the country jointly with others not before court with intent to defraud forged document namely Nairobi City County Assembly VIP Car park sticker No.NCCA/091 for the year 2018 purporting to be a genuine car park sticker issued by Nairobi City County Assembly Board.

Prosecution alleges on unknown place and date Vincent jointly with others not before court with intent to defraud forged a certain namely Nairobi City County Assembly VIP Car Park sticker purporting it to be genuine car park sticker issued by Nairobi City County Assembly Board.

He is facing twelve forgery charge’s before court.

Vincent Anthony was also charged with other related charges in another file.

He appeared before Nairobi Senior Principal Magistrate Hellen Okwani who released the a accused on a cash bail of 400,000 and bond of 500,000 and in the other file cash of 300,000 and a bond of 500,000.

The Magistrate directed the matter to be mention 9 of October for consolidation.

 

FORMER JOURNALIST TO BE PAID FOR WRONGFUL TERMINATION.

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Lawyer Vincent Suyianka Lempaa speaking to NairobiTimez at Milimani Law Court building after the court in it 26 page judgement ruled Mr Lempaa be paid over 2 million for illegal dismissal.

BY NT CORRESPONDENT.

The national broadcaster has been ordered to pay its former employee over Sh2 million for wrongful termination.

Judge Mathews Nduma Nderi found that the firing of now lawyer Vincent Suyianka Lempaa who by then was a journalist with KBC was unlawful, discriminatory and unfair.

KBC should also pay the lawyer the accrued sum with interest at court rates from the date of filing the suit.

Mr Lempaa was employed by KBC in October 2005 and was promoted to the position of Broadcast Assistant in November 2010, where he worked until July 6, 2012 when his services were abruptly terminated.

The court ruled in his favour saying that he was entitled to payment of all the money he was improperly denied from the date of his promotion.

Judge Nderi said the former broadcast assistant was wrongfully and unlawfully deprived of his employment.

“The claimant was not paid terminal benefits upon termination. The claimant suffered loss and damage at the hands of a public employer who chose to violate the law to his detriment,” Justice Nderi said.

He ordered the Kenya Broadcasting Cooperation to pay him Sh2,052,764 with interest from the date he filed the case.

In the termination letter, Lempaa was accused of gross misconduct and disclosure of confidential information.

But he said his former employer never summoned him to defend himself, contrary to the Employment Act and that the action was biased and motivated by malice, and aimed at victimizing him.

He also said although he was promoted, his salary was not adjusted to reflect the promotion for about 20 months.

KBC on the other hand accused him of being rude to senior staff an allegation he refutes.

Mr Lempaa says he was victimized for voicing dissent to the Permanent Secretary for Information for failure to be awarded a salary increment upon promotion.

He also wrote a collective memo on behalf of all affected colleagues (all signed the memo) as an advocate after the management failed to address their grievances.

They then proceeded on strike on February 29, 2012 and petitioned Parliament to investigate their complaints.

The case was filed on January 25 2013.

JUDGE RETREATS ON DECISION STOPPING PRESIDENT KENYATTA’S APPOINTMENTS.

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Former head of the civil servants Ambassador Francis Muthaura testifying in the Anglo leasing case late last year.

BY SAM ALFAN.

The High Court has overturned its own decision to stop Muthaura’s appointment by President Kenyatta.

It vacated its order suspending the appointment of Ambassador Francis Muthaura and other three to the Kenya Revenue Authority board.

Justice Bryan Ongaya lifted the order 24 hrs after issuing the order.

Activist Okiya Omtata took issue with President Uhuru Kenyatta appointment saying he should allow fair competition, equal opportunities for all ethnic groups.

Ambassador Muthaura is a retired Head of Civil Service.

President Kenyatta on May 23 2018 appointed Mr Muthaura as chairman of Kenya Revenue Authority board.

The court also vacated the suspension of Charles Makori Omanga and Mukesh shah, Eng Leonard Ithau and Susan Mudhune as the board members of KRA.

Omtata told court that such appointments must be transparent and provide fair competition, equal opportunities for appointment of men and women, ethnic groups and person with disabilities.

The judge made the decision after the Attorney General informed court that the order was not served to them.

‘GLITTERING’ KAMANDE TO BE JAILED.

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Miss Langata Women Prison Ruth Kamande who was found guilty of killing her boyfriend Mohammed.

BY SAM ALFAN.

Despite her glittering beauty, Ruth Kamande will spend her time behind bars for killing her boyfriend.

Kamande is the reigning Miss Langata Prison 2016 beauty.

She was found guilty of killing her boyfriend Mohammed.

The high court ruled that the prosecution has proven its case beyond reasonable doubt.

Justice Jessie Lesiit will sentence Kamande on July 11.

“Stabs were not at ago, they were done in interval. This is clear from the prosecution evidence,” Lesiit said.

Kamande’s actions, the court say proved malice.

She however claimed that she was raped but the court disagreed with her allegations ordering for a medical examination that proved otherwise.

Kamande had argued that things escalated after she discovered a hospital card that suggested that Mohammed was undergoing HIV treatment.

When she confronted her boyfriend about it, he threatened her saying they would both rather die than have his HIV status known to the public.

According to Kamande the argument escalated when she discovered letters from two other ladies.

Ruth says she stabbed her boyfriend with a kitchen knife after it fell on her when they were struggling on the ground.

According to a doctor who testified in the case , Mohammed had 25 stabs.

COURT OVERTURNS PRESIDENT KENYATTA’S APPOINTMENT OF MUTHAURA.

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Former head of the civil servants Ambassador Francis Muthaura testifying in the Anglo leasing case late last year.

BY SAM ALFAN.

Activist vows to overturn President Uhuru Kenyatta’s decision to appoint retired Head of Civil Service Francis Muthaura to head KRA.

Okiya Omtata holds that President Kenyatta should allow fair competition, equal opportunities for all ethnic groups.

Following the contention on his appointment, the Employment and Labour Relations court temporarily suspended the appointment of ambassador Francis Muthaura.

President Kenyatta on May 23 2018 appointed Mr Muthaura as chairman of Kenya Revenue Authority board.

The court also suspended appointments of Charles Makori Omanga and Mukesh shah , Eng Leonard Ithau and Susan Mudhune as the board members of KRA.

Rights activist Omtata told Justice Byram Ongaya the declare the decision as null and void and which contravenes Article 135 of the constitution of Kenya2010.

He also argues that the President has no powers to appoint board members of state corporations under the 2010 constitution.

Justice Otieno thereby temporarily halted the appointment of Mr Muthaura and other board members pending hearing and determination of the case.

On May 24 the next day, the President appointed Charles Makori Omanga, Mukesh shah, Eng Leonard Ithau and Susan Mudhune as the board members of KRA.

Omtata sayd that the positions of the board were not advertised and no public participation took place.

Further, he claims such appointments must be transparent and provide fair competition, equal opportunities for appointment of men and women, ethnic groups and person with disabilities.

CA PURSUES SPYING LAW TO THE APPELLATE COURT.

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Communication Authority of Kenya (CA) Wambua Kilonzo making ng submissions during the hearing of a case challenging plans to spy on mobile phone users by CA.

BY SAM ALFAN.

Communication Authority of Kenya (CA) has challenged high court decision that blocked plans to spy on mobile phone users.

In the appeal Communications Authority of Kenya want the court to set aside the judgement delivered by Justice John Mativo on April 19 and the petition at the High court be dismissed.

Communications Authority of Kenya (CA) through Wambua Kilonzo want the court to set aside the judgement delivered by Justice John Mativo on April 19 and the petition at the High court be dismissed.

In the memorandum of appeal, CA says that Justice Mativo erred in law and fact by failing to hold that the petition before him was hypothetical.

They also claim the court erred in law by holding that the installation of the device management (DMS) system threatens to or violates the right to privacy of subscribers.

CA avers that the learned judge erred in fact by failing to appreciate that there was an ongoing consultation process in regards to the DMS between the regulator and the interested parties and further the process had not been concluded.

In April this year High Court stopped Communication Authority of Kenya (CAK) from implementing decision of planting spy plant gadgets on all networks.

Justice John Mativo also ruled decision by CAK to implement the DMS system Was adopted inconsistent with the provisions of the constitution adding that there was no public participation hence null and void. Court ruled that CAK Was obligated to craft and implement a meaningful program of public participation and stakeholders engagement in the process leading to the implementation of the system.

Justice John Mativo said the plan by the Communication Authority, to install spy gadgets, was adopted in a manner inconsistent with the Constitution.

On January 31 and February 6, CA wrote to mobile phone service providers Safaricom Ltd, Airtel Networks Ltd and Orange-Telkom Kenya to allow the tapping of their computers by planting spy plant gadgets on all networks.

DOCTOR SEEKS TO STOP CUBAN MEDIC’S DEAL.

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Health Cabinet Secretary Sicily Kariuki (left) with Cuban Government officials sing contract.

BY SAM ALFAN.

A move by government to bring foreign doctors in the country has been challenged.

This is after a doctor moved to court seeking to stop government from issuing licenses and work permit for the year 2018 to Cuban doctors or any foreigner medical practitioner.

Dr Samson Robert Misango want High court to restrain Health Cabinet Secretary, Council of Governors, Director of Immigration and Attorney General from employing or issuing work permits to any medical facilities in the country from employing Cuba doctors, foreign medical practitioners or dentist from this date pending hearing and determination of this application.

“Temporary injection be issued restraining respondents by themselves, their agents or servants issuing licenses and work permit for the year 2018 and to the Cuba Doctors or any other foreign medical facilities in Kenya from employing the Cuba doctors ,foreign medical practitioners or dentist pending hearing and determination of this application”. State Dr Misango.

Dr Misango want the court to  temporarily issue orders suspending licensing and work permit issuing to foreign doctors in particular Cuban Doctors. He claims if court fails to issue such order’s, great prejudice will be suffered by local doctors.

Through his lawyer  Prof Kiama Wangai, Mr Misango oppose employment of Cuban doctor’s and all foreign medical practitioners being issued with licenses and work permit by the Director of Immigration is misrepresentation of facts and there exist doctors in the country who can fill in those positions now being allocated to Cuban doctors.

He claims that, there is no evidence Council of Governors carried out interviews or survey to establish that no local doctors are available to offer the required services as opposed to giving that opportunity to foreigners at expense of local doctors.

In court papers seen by Nairobi Timez,  the doctor claims that Kenya government and many private facilities are resorting to employ foreign doctors because it is cheaper to them as they are ignorant of Kenya minimal wage.

“Taxation issue or minimal scale of Remuneration negotiated by respective Doctors Union  to the prejudice of the Kenya Medical Practitioners and students who are studying in campus” claims the doctor.

Mr Misango further say’s that, Cuban doctors are not competitively recruited to confirm local doctors were not available which is discriminatory against the local medical practitioners who are were locked out of opportunities.

He claims that , rights of shareholders to medical facilities and Kenya Doctors has been violated.

“Stakeholders to medical facilities and the Kenya doctors had their rights under Article 47 of the constitution infringed upon because the employment opportunities with Council of Governors were not competitively advertised for them to seek employment and the Cuban doctors were single sourced” say’s Dr Masingo.

He argues that employment of the Cuban Doctors without hearing and determining his application will be unfair and render the entire application and petition nugatory.

OFFBEAT MARA CAMP MANAGER IN COURT OVER ILLEGAL AMMUNITION POSSESSION.

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Offbeat Mara Camp Manager Chania Jacqueline Watts before a Nairobi Court on Monday May 28,2018.

BY NT REPORTER.

Offbeat Mara Camp Manager and a member of Kenya Professional Safari Guides Association has been charged before a Nairobi court.

Prosecution alleged that,  Chania Jacqueline Watts on 27 of May this year at Syokimau Standard Gauge Railways terminus screening point within Nairobi was found in possession of 14 rounds of 375 H and H caliber ammunition without firearm certificate.

Watts, a Syokimau resident alleged to have been heading to Mariakani, denied the charges before Nairobi Milimani Law Courts Chief Magistrate Francis Andayi.

Nairobi magistrate Francis Andanyi released the accused a cash bail of 100,000 or Sh 200,000 or alternative.

Offbeat Mara Camp Manager Chania Jacqueline Watts escorted to Milimani Law Courts basement cells on Monday May 28,2018.
Offbeat Mara Camp Manager Chania Jacqueline Watts escorted to Milimani Law Courts basement cells on Monday May 28,2018.

According to police reports, Watts told told the police the ammunition belonged to one Jesse, whom she works with at Offbeat Mara adding that she forgot to remove the bullets from her bag which she had kept for him while he was away in Nairobi.

Both Watts and Jesse work as Manager at Camp located in Narok.

The case will be heard on 4th July.

She was managing a camp before returning to Kenya to manage Mara camp.

JAILED GAKUO SEEKS RELEASE ON BAIL PENDING APPEAL.

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Jailed former Nairobi town clerk John Gakuo with Former Local Government PS Sammy Kiriu before a Nairobi Anti-Corruption court.

BY NT CORRESPONDENT.

Jailed former Nairobi town clerk John Gakuo has filed an appeal seeking to be released on bail pending hearing and determination of the appeal.

Former Local Government PS Sammy Kiriu , Mary Ngetich Ngethe and Alexander Musanga Mulee have also filed an appeal.

The four argue that the trial court erred in law and in fact by failing to appreciate whether sufficiently at all that the prosecution had failed to prove its case beyond reasonable doubt.

They further claim that trial court erred in law and in fact in its sentencing them by failing to allow them and its legal representative’s sufficient time to mitigate their sentence.

They want their appeal be to be allowed and sentence delivered on 15th of this month by the lower court be set aside.

Mr Gakuo argues that he did not have the legal authority to terminate the tendering the process of the procurement land cemetery use by city council of Nairobi in accordance with the law legally.

Gakuo says that he’s over 60 years old and owing to the case he has been suffering intermittently from high blood pressure, hypertension, and chest problems adding that he has been in and out of hospital.

“The appellant has a more than arguable appeal against the judgment, conviction and ultimate sentencing by the trail court on the 15th of March 2018,”reads the appeal.

Mid this month the anti-corruption court jailed Gakuo and  Kirui three years each for their roles in the 283 million Shillings cemetery land scam.

The two were also directed to pay a fine of 1 million Shillings each as they were found guilty of abuse of office and willful failure to comply with procurement laws

They were found guilty of giving misleading information were former Nairobi City Council director of legal affairs Mary Ng’ethe and a former city official Alexander Musee.

The two were secretary and chair, respectively, of the tender evaluation committee and were found guilty of giving a misleading report purporting that the committee had agreed to buy the controversial 120-acre plot in Mavoko town.

The court said they ought to have stopped the payment of Sh283,200,000 to Naen Rech Ltd, who received the money for the irregular purchase of cemetery land.

Ngethe and Musee were sentenced to three years in prison each.

POLICE BOSS FETED FOR OUTSTANDING FIGHT ON CATTLE RUSTLING IN LAIKIPIA.

By Nairobi Times -
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From left Peter Mumbiko Personal Assistant to Laikipia Deputy Governor John Mwaniki presenting a gift to outgoing Laikipia North sub-county Police Boss Joe Otii (Center).

BY KEZIA KIRERA.

LAIKIPIA COUNTY.

The late Interior CS Major General Joseph Nkaiserry dreamt it; it has happened in a cattle rustling area, community appreciating a police boss’ bold tactics that ended perennial insecurity in Laikipia.

Members of the public in Laikipia North Sub County on Friday danced and laughed with police boss Mr Joel Otii for making their region banditry free.

Community spokesperson, Mr Wilson Sentaloi, during Otii’s farewell party held at Ilpolei said that their region has had reduced cases of insecurity achieved during the tenure of the outgoing police boss.

“There has been very high level of cooperation between Otii’s office and members of the public, which has resulted to improvement of security,” he said.

The community welcomed the incoming police boss Augustine Mukunzi and assured him of their total support as they strive to make the area crime free.

Noting his achievements, Mr Sentaloi said that recruitment of National Police Reservist was realized during Otii’s tenure.

When he arrived in Laikipia North on November 2015, the police boss said that security was so bad especially in Mukongodo east in areas of Tasia and Ilgwesi.

It was after several meetings with the late Interior CS Joseph Nkaiseery that it was agreed that Otii works with trusted locals to end insecurity.

An agreement was reached with the National Government that some of this locals be issued with guns after vigilant vetting to help bring sanity in the area.

Laikipia North is prone to cattle rustling which mostly occurs during times of droughts where armed herders from the neighboring counties of Isiolo, Baringo and Samburu illegally drive their livestock into Laikipia.

The illegal herders forcefully invade private lands to graze their cattle and take away any livestock they come across.

Mr Otii said that through the efforts of the National Police Service (NPS), County Government of Laikipia, local ranchers and conservancies and Laikipia North Member of Parliament (M.P) Sarah Lekorere, more than 300 police reservists have been trained and equipped with firearms to help deal with matters of insecurity.

Laikipia Deputy Governor John Mwaniki appreciating the outgoing police boss through his Personal Assistant, Peter Mumbiko, said that Laikipia is focused on ensuring that all residents are secure.

He also said the county will continue with police reservist program to supplement the services rendered by the National Police service.

Assistant County Commissioner (ACC), Eliud Ndung’u described the otgoing police boss as an outstanding civil servant and wished him well in his retirement.

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