Blog Page 292

NO ANTICIPATORY BAIL, GO AND FACE THE LAW, COURT TELL’S TWO NYS SUSPECTS.

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One of National Youth Service (NYS) block sealed by detective's for investigations of the scam that has hit the institution.

BY NT CRIME REPORTER.

Attempt by two suspects linked to National Youth Service (NYS) scam to block their arrest and prosecution has hit the rock.

This is after High Court dismissed anticipatory bail application made by the two top government officers who are being investigated over the ongoing NYS saga.

Justice Ngenye Macharia of High court criminal division ruled that the two , James Thuita Nderitu -director at Firstling Supplies Limited company and  Bernard Masiga Ayienga Senior Finance Officer at the Ministry of Youth and Gender moved to court seeking anticipatory bail.

“I cannot hesitate to find that this application is unmerited. It does not meet the threshold the grant for anticipatory bail to the applicant. The same is dismissed with orders as to no cost,”court ruled

According to Thuita, the matter has been reported in the media are nothing more but rumors adding that he is a major shareholder of Firstling Supplies Limited company which has been allegedly been doing lawful business with the National YOUTH Service as an approved supplier of goods that has been lately subjected to mental and psychological anguish and torture due to press statement by the Director of Public Prosecution, Police and the Director Criminal Investigations.

Thuita claimed that the media had widely publicized and sensationalized the issue to his detriment

In her ruling the judge said that claims that the NYS scandal is been sensationalized could not stand because it does not imply news as captured by the media represents all facts on the ground.

“I make a finding that the media reports do not amount to evidence that a court can rely on,”judge said

The court noted urged the applicants to be calmed until such a time that he or any the director of the company shall be required to records state a statement or called to assist in the investigations.

The judge said that for an anticipatory bail to be granted certain conditions must be met for the court to find that such an admission is warranted. Macharia said that the two =ought to have demonstrates a breach of their fundamental rights and freedom.

“Thuita has clearly failed to show an imminent breach of their fundamental rights and freedoms , he has tendered a case based purely on mere apprehensions and unfounded rumors to that extent there is nothing for which the court can come to their protection, “court ruled.

The decision is a boost to detectives who are expected to sweep into action anytime next week to arraign the suspect in court.

FORMER CS KAMAU WANTS FIVE TOP GOVERNMENT OFFICIALS JAILED.

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Former Transport Minister Engineer Michael Kamau.

BY NT CORRESPONDENT.

Former Transport Minister Engineer Michael Kamau has filed a contempt of court against DPP, EACC, AG, National Police Service and Nairobi Chief Magistrate Court.

Mr Kamau wants the five government officers be committed to civil jail for 6 months for their disobedience of the order issued by the court of appeal terminating charges leveled against him.

“Summons be issued and are hereby issued to Noordian Haji, Rtd.Archibishop Dr. Eliud Wabukala, Sophia Lepuchirit, Dr. Dabar Abdi Maalim , Micheal Mubea, Joseph Boinett to appear before this court to show cause what they should not be punished for contempt of court,”reads the application.

According to Kamau, the court of appeal terminated the proceedings in Anti-corruption case No 11 of 2016 prohibiting the commencement of any further investigations and prosecutions.

He avers that on 28th July 207, the chief magistrate declined his request for an acquittal of charges leveled against him instead ordered that he be discharged.

“The chief Magistrate decision was based upon an obiter dicta statement in the judgment of the court of appeal, to the effect that the parties are at liberty to proceed as they deem necessary on the basis of a properly constituted EACC and within the dictates of the constitution and the law,”says Kamau.

Engineer Kamau claims that the decision by EACC to raid his home seeking to arrest him and prosecute him over abuse of office charges is an attempt to defeat the outcome of the pending application before the high court.

Similarly he claims that the re-institution of charges and intended prosecution is a blatant disobedience of the court orders issued by the court of appeal. It is Kamau argument that he has no other way of enforcing the order issued on August 2017 by the court of appeal but through contempt proceedings.

The Director of Public Prosecutions (DPP) ordered that Eng. Kamau be charged afresh over corruption. According to the DPP’s office, there is new evidence sufficient to convict the former CS whose previous case was dismissed by Court of Appeal.

Kamau is expected to appear in court next Wednesday to answer to abuse of office charges before Anti-Corruption court.

NYAMWEHA BACK IN FOOTBALL CIRCLES.

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Former Kenya Football Federation President Sam Nyamweya.

BY NT REPORTER.

Former Kenya Football Federation President Sam Nyamweya has bounced back to the Football arena.

This is after the high court declared his ten years suspension illegal.

Constitutional court judge Justice Chacha Mwita, said in his judgement that the decision by FKF NationaExecutive Committee meeting held on 21 March 2017, was unlawful, irrational and mischievous.

The decision so communicated to CAF, FIFA and CECAFA is null and void as Nyamweya was not given an opportunity to defend himself as required by the law.

The declaration by the constitutional court, means that Nyamweya is free to comment on football matters both locally and internationally.

The judge also ordered FKF to pay the cost of the suit filed by Nyamweya challenging the purported suspension.

Nyamweya moved to court upon receiving a letter from FKF pronouncing his suspension from commenting on football activities in the country for a period of ten years.

The former FKF President, through his lawyer Martin Wahome Njagi told the judge that the decision was unreasonable, irrational and made in bad faith.

The lawyer submitted that NEC meeting purported to suspend him when he was not Federation member, saying he had resigned a year ago.

” The petitioner is being targeted since he filed a case against te current FKF chairman Nick Mwendwa and other officials of the Federation” the lawyer argued.

Mr Wahome pointed out that the ban has brought his character and legacy as a respected local and international football administrator into question.

HUDUMA CENTRE CLERK JAILED FOR TWO YEARS OVER 2,500 SHILLINGS BRIBE.

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Justinah Syonzua Malela before Nairobi Anti-Corruption Magistrate Court during a judgement that jailed her for two year's for receiving a 2,500 to facilitate a birth certificate on Thursday May 24,2018/PHOTO BY S.A.N.

BY SAM ALFAN.

A former Huduma Centre clerk officer has been convicted for receiving a bribe of 2,500 shillings so as to facilitate a birth certificate.

In default, Justina Syonzua Malela will serve two years in jail for receiving the bribe from Naomi Musyoka.

Nairobi Anti-Corruption Magistrate Douglas Ogoti ruled that the prosecution has proved beyond reasonable doubt against Justina Syonzua Malela.

“The court finds that the issuance of a birth certificate under the Ministry of state for Immigration and persons was a public duty, ”said Ogoti

The magistrate fined Malela 500,000 shillings for the two charge’s abuse of office and receiving the bribe and in default Malela will serve two years in prison.

Syonzua, formerly an employee of the Ministry of Interior and Co-ordination of National Government, was charged with several counts, but the prosecution was only able to prove four charges levelled against her.

The court was told that on 8th of September 2016 in Nairobi County being a person employed by the Ministry of Interior and Co-ordination as clerk officer she used her office to improperly to confer to herself a benefit of 2,500 shillings from Nahum Syombua Musyoka as a bribe to facilitate processing of a birth certificate for Wayne Musyoka Maria.

She also faced another count of receiving a bribe.

The complainant Nahum Syombua Musyoka testified that on 30th August 2016 she wanted a birth certificate for her niece Wayne Musyoka Maris. She called Malela who asked for 3,000 shillings and promised to deliver the birth certificate that evening. That figure was however negotiated down to 2,500 shillings as she could not afford the 3,000.

It is said that the money was which was sent to the officer on the same day via her M pesa number.

However the officer never delivered the said birth certificate and that when she decided to report the matter at Huduma Center and Integrity Centre-EACC.

The court in its ruling said that the evidence available demonstrated that the complainant only needed a public duty to be performed which the accused took advantage.

In her defense Malela admitted having received money from unknown person and later refunded the money to the sender.

The court however dismissed the defense submissions saying that it was an afterthought adding that Malela only returned the money after she was charged in court.

Let join hand’s and fight corruption. Corruption hurt’s our economy. Rejected corruption.

SAFARICOM TOP MANAGER NOT OUT OF HOOK , DPP FILE’S NOTICE OF APPEAL.

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Safaricom consumer business Manager Sylivia Mulinge.

BY SAM ALFAN.

Director of Public Prosecution has filed a notice of appeal against High Court decision that blocked arrest and prosecution of Safaricom consumer business Manager Sylivia Mulinge after she allegedly killed an 8 year old child on Southern bypass in a road accident.

DPP has said he was not dissatisfied with the decision of Justice George Odunga.

” Take Notice, being dissatisfied with the decision of the court Justice George Odunga given on the 11 of May ,2018, herein appeals to the Court of Appeal against the whole of the said decision ” say’s notice of appeal.

Justice George Odunga in his ruling 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.

FORMER TRANSPORT CS SUMMONED TO ANSWER TO ABUSE OF OFFICE CHARGE’S.

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Engineers Mwangi Maingi and Nicholas Nganga before Nairobi Anti-Corruption Court.
BY NT CRIME CORRESPONDENT.

Former Transport Cabinet Secretary Engineer Michael Kamau will on 30th to answer to abuse of office.

The charge’s are in relation to Kamukunywa-Kaptama –kapsokwony Sirisia Road -33 million shillings tender.

The summons to appear in court were issued by Anti-corruption Magistrate Douglas Ogot.

“We are applying for summons to be issued to Engineer Michael Kamau to appear in court to answer to the charges he is facing,”Senior Assistant Director of Public Prosecutions Alloys Kemo told the court.

The former CS is expected to be charged afresh to four counts.

The prosecution alleges that Kamau on March 15, 2008, conspired with Ministerial Tender Committee members by allegedly ignoring Government regulations and re-designed the Kamukuywa-Kapsokwony-Sirisia road leading to a loss of 33,303,600 million Shillings.

Kamau is also accused of colluding with officials of the Kundan Singh Construction Company, which built the road, to trash the consultant’s design thereby resulting in massive embezzlement of the public funds.

He is also charged with abuse of office charges. It is alleged that the he used their offices to cause the road to be redesigned despite its earlier design by EngiConsult Consulting Engineers Limited.

This will be the second time Kamau will be appearing before the court for trail after the Director of Public Prosecutions (DPP) ordered that he be charged afresh over corruption.

Court of Appeal last year stopped his trial over allegations of abuse of office.

Appellate Judges Milton Makhandia, William Ouko and Kathurima M’inoti ruled that the criminal proceedings against Kamau pending before the anti-corruption court be put on hold until June 23 when they will give a ruling on the case.

The former CS is appealing against a High Court decision which ordered him to continue with the trial despite claims that the Ethics and Anti-Corruption Commission was not properly constituted to investigate and recommend charges against him.

According to the DPP’s office, there is new evidence sufficient to convict the former CS whose previous case was dismissed by Court of Appeal.

Engineers Mwangi Maingi and Nicholas Nganga have pleaded not guilty to four counts among them abuse of office.

MR PRESIDENT, MAKE KENYAN YOUTH YOUR PRIORITY AND LEGACY.

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President Uhuru Kenyatta with some youth dancer's at statehouse/PHOTO COURTESY.

BY THOMAS KARIUKI.

NT EDITOR IN CHIEF.

I am constrained to understand the vision, the mission, and the objectives of Jubilee government. If it exists, the care is at a lesser scale for the youth of this nation. Every former President that has presided over this country from Mzee Jomo Kenyatta, Daniel Moi and Mwai Kibaki talks about youth and unemployment.

President Uhuru Kenyatta and his Deputy William Ruto too have not changed the youth narrative and or perspective neither have their foot soldiers addressed the youth agenda conclusively.

It is not just a mere issue; allow me to say that the youth issue is a ticking time bomb. Our ancestors have told us that an empty mind is the devils workshop.

Now, apart from being devils workshops, who are the youth of this country, what makes them youth of this country, why are they a ticking time bomb? Allow me to discuss this critical issue as follows;

One thing is for sure, President Kenyatta loves the youth of this country and the youth do love him. He has used slung asking the youth not to let him down.  It is time now for him not to let the youth of Kenya down.

I wish to suggest a national audit to be done on youth empowerment programs from the national government and all funds channeled for youth empowerment. Though the findings may scare the president to the core, the youth of Kenya are suffering.  How do you address this suffering?

Just like the national needs assessment of 2016 that informed the overhaul of the education system, a national audit should be conducted and recommendations made thereof. Kenya is capable of doing the audit within three months and make well thought out commendations for adoption.

When NYS saga blew up, time came calling for the president to look at what is ailing the youth because the illness that has eaten the youth fund is the same illness being manifested in the National Youth Service.

The saga reminds of a demeaning saying Kazi kwa vijana, pesa kwa wazee. Mr President, order for an independent audit of youth funds. Do these funds benefit the intended beneficiaries?

I wish also to suggest that a youth employment policy be put in place. Mr President, why should someone straight from college or university or high school be given money to start a business?

It is worth noting that the person you encourage to start small businesses is very green, has never been in possession of money, maybe only school fees. Are we as a country doing things upside down?

If a youth went to the bank for credit, accessing that credit will be a mountain to climb because the bank wants security for its money and how the youth will refund the credit is on a total trust basis.

Who should be encouraged to start their own business, is it an inexperienced young person or it is an experienced older person who will employ the young people?

Lest we forget, a young person has a lot of energy to work and do everything within a shorter time. To achieve the big four agenda of President Kenyatta, who does he need most?

An argument would be floated, that the president would need experienced persons. It is true to the extent that experience is not pegged on the duration of time one is in a certain situation but how actively one decodes life principles. Give the youth an opportunity they say potential without opportunity is impotent.

I am also suggesting that revision of the youth policy will address the issue of youth unemployment, at what point a young person can join government and what is the maximum age to be a government employee.

Mr President, not even the counties address youth unemployment. A survey shows that the people running county governments have been devolved from defunct municipal councils, cronyism and nepotism have gained root in many counties.

Development planners will tell you without a blink that stakeholder involvement is key just as the beneficiaries are and I believe that this was the idea that informed public participation in the constitution.

Mr President, you asked for help from the youth of this country, and they gave it to you without balances, it is time you prioritize the youth of Kenya and their welfare.

This is my just opinion; you can take, ignore it or dismiss it in totality.

GOVERNOR SONKO ASK CBK TO PROBE TOP BANK OVER 75 MILLION PAYMENT FROM COUNTY ACCOUNT.

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Nairobi Governor Mike Sonko with his lawyer Harrison Kinyanjui after obtaining order's restrainng payments of 75 million to a trader over unknown services.

BY NT CORRESPONDENT.

Governor Mike Sonko has petitioned Central Bank of Kenya (CBK) to start investigations against the Co-Operative Bank of Kenya over 75 million payment from the county’s account’s domiciled at the bank.

The Governor in a letter dated May 11 2018, says that law of Triple O K. Law firm who acted for Kennedy Wainaina Ngenya in seeking payment of the millions may have contravened the law as it is also represents Co-op bank.

“We have discovered with shock that the main lawyers Triple O.K Law advocates also act for the decree holder…we now understand where the connivance and pressure was emanating,” the governor says in his letter addressed to Co-0p bank managing director.

Mr Sonko says the County Government will also take up the matter with the Law Society of Kenya’s disciplinary committee.

The letter of complaint is copied to the Head of State and the Governor Central Bank of Kenya.

” We have discovered with shock that the bank’s main lawyers Triple O. K.Law acted for the degree holder ( Wainana) by dint of the application dated 12 July 2017″ the letter reads.

Consequently when the matter came up for mention before the Justice Rachael Ngetich, the degree holder’s lawyer John Onyango Ohagawithdrew from representing Mr Wainaina but gave no reasons.

Justice Ngetich allowed the bank’s new lawyer Gatonye Waweru to file’s replying affidavit within 14 days and directed the be served to parties involved in the commercial dispute.

The Judge extended orders stopping payment of Sh75 million to Mr Wainaina, until all parties in the dispute put in their responses to the filed by the County government challenging the payment to the degree holder.

High Court halted payments of Sh 75 million to a businessman from Nairobi County Government bank account based at Co-operative bank of Kenya, Nairobi.

The order by Justice Racheal Ngetich stopped the payment to the businessman until the  commercial disputes is heard and determined

The county government, through lawyer Harrison Kinyanjui moved the court seeking orders to stop the execution of the interlocutory judgement entered on 10 April 2017.

COURT BLOCK 75 MILLION PAYMENT TO A TRADER FROM NAIROBI COUNTY GOVERNMENT.

The lawyer told the court that the Garnishee order issued on July 12, 2017, and extended on May 2, 2018, together with the consent order made on July 19, 2017 and filed on July 20, 2017 should be vacated and set aside accordingly.

Mr Kinyanjui said that the businessman has violated the constitution by attaching the County Government banks accounts at the Co-operative bank, Nairobi.

.He pointed out that the County Governor Mike Sonko and County Secretary only became aware of the proceedings after the Garnishee bank wrote to the Governor through letter dated May 8,2018 notifying him the attachment of the County.s bank at the Co-operative bank of Kenya, Nairobi.

“Pursuant to Article 6(2)of the constitution of Kenya, the Government is Constitutionally structured into the National and County Governments, and in the circumstances ,Nairobi City County Government insulated against execution process envisaged pursuant to Order 23 Civil Procedure Act,2010,”said Kinyanjui.

He added that there is need to stop execution through unlawful means as now sought to be levied against the defendant, as to do so the court will have aided the unlawful hemorrhage of public funds.

The agreement issued on May 2, 2018 will be made absolute absent and that is why we seek this Court’s intervention.

Kinyanjui said the said agreement were made out of control of the County as the counsel purporting to represent it had no such authority and it is no surprise that no defense was filed at all leading to an unlawful process.

“He said that all efforts to track and trace the said W.S Wasonga Advocate to ensure he explains the circumstances of filling a purported Memorandum of Appearance have failed, necessitating the County to appoint its advocates now on record and to seek the relief under the law, ”said Kinyanjui.

He added that the County has appointed a Committee led by Prof PLO Lumumba to scrutinize all pending bills, and if the plaintiff perceived that his bill is genuine for settlement, he is not without relief to submit it for scrutiny and settlement, he not without relief to submit it for scrutiny and settlement.

“To execute the release of that money will be oppressive to the Nairobi County Government and it will have been condemned unheard,” said Kinyanjui.

The County has a good defense and it will be good if it will be heard before judgement is entered in this suit on merit.

He added that the application is urgent as Wainaina has already secured the said garnishee execution proceedings as acknowledged by the co-operative Bank and it is imperative that the court intervenes.

NEW CYBERCRIME LAW IS PUNITIVE, OVERTURN IT, COURT ASKED.

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BY SAM ALFAN.

The new cyber crime law 2018 is meant to silence whistleblowers, a man has told court.

Geoffrey Maina also wants the law overturned as it impedes on fundamental human rights.

The much touted protective law, he says is taking away the right to access information and freedom of expression.

Mr Maina also says that the new law was passed without public participation and as such should be overturned.

He avers that the new law sets out harsh penalties which include up to Sh50 and or imprisonment of up to 25 years.

He holds that this law falls short of international standards, requirements and violates treaties and conventions to that Kenya is a party.

“Some sections of the Act also unreasonably restricts citizens right of access to information under Article 35 of the constitution,”argues Maina.

He claims the act which was passed without public participation threatens Kenyans right to privacy under Article 31 of the Constitution , freedom of expression and opinion under Article 32 and 33.

Mr Maina also holds that whistleblowers will show a blind eye to graft for fear of being subjected to punitive sentences.

‘PUNCHES’ READY AS JUDICIARY FACE OFF PARLIAMENT.

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Former Lawyer Law Society of Kenya Chief Executive Officer Apollo Mboya speaking to NairobiTimez.com shortly after court declared some sections of Parliamentary Powers and Privileges Act unconstitutional on Monday May 21,2018/PHOTO BY S.A.N.

BY SAM ALFAN.

A simmering battle brews pitting the courts and Parliament after the former broke into MPs amnesty.

The High Court this time declared unconstitutional some sections of Parliamentary Powers and Privileges Act.

“A declaration is hereby issued decreeing that section 7 and 11 if the Parliamentary Powers and Privileges Act (No.29 of 2017) are inconsistent with and contravenes Articles 1,2,3,10,19,20,21(1), 22,23,24,48,50,93 (2),94(4), 159, and 158 of the constitution of Kenya 2010” Justice John Mativo said.

The 29 page judgment further declared null and and void  and 11 of the Parliamentary Powers and Privileges Act (No. 29 of 2017).

The judge declared various sections of parliamentary privileges unconstitutional and therefore null and void.

Delivering a Judgement in a petition filed by former Law Society of Kenya boss Apollo Mboya, the judge noted that various clauses offends the principles of the constitution.

Parliamentary immunity is not an individual privilege granted to members of Parliament for their personal benefit but rather for the people and the institution which represents them,” Justice Mativo said.

The judge further said that, the primary duty of the court is to uphold the constitution and the law which it must apply impartially and without fear, favour or prejudice.

The judge also noted that, in the process of court performing their constitutional duty, court intrude into the domain of other arms of government, that is an intrusion mandated by the constitution.

“What courts should strive to achieve is the appropriate balance between their role as the ultimate guardians of the constitution and the rule of law including any obligation that parliament is required to fulfill in respect of the passage of laws, on the one hand, and the respect in which they are required to accord to other arms of government as required by the principal of separation of powers,” he held.

In the petition, Mr Mboya challenged the parliamentary law saying it granted lawmakers “super immunity.”

He faulted the law, which also gives county assemblies similar immunity, for elevating lawmakers to be beyond scrutiny even when there is violation of the Constitution.

Mr Mboya sued the National Assembly and the Senate and wanted three sections of the Parliamentary Powers and Privileges Act, 2017, declared null and void as well as inconsistent with the Constitution.

He argued that the end result of that law is to lock out even courts from questioning proceedings or decisions of Parliament.

President Uhuru Kenyatta assented to the law that gave MCAs immunity just like their counterparts in Parliament in March.

The said law lists the precincts of county assemblies as a beneficiary of the privileges and immunity of members including protection of proceedings from court action.

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