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OMTATAH CHALLENGES DRIVING SCHOOL RULES.

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Human rights crusader Okiya Omtatah at Milimani law court.

Human rights crusader Okiya Omtatah has moved to court seeking to suspend the Traffic (Driving Schools and Instructor) Rules 2014 (2017) saying that there was no public participation.

Omtatah further wants the court to suspend decision by National Transport and Safety Authority to disable the E citizen passwords of driving schools and of officers of the Driving Test Unit of the National Police Service, which Administrative action effectively shut down operations of most drivingSchools around the country.

Omtata claims that the provisions of the draft statutory instruments (The Traffic (Driving Schools and Instructors) Rules 2014 (2017)), are unreasonable and against the public interest, and cannot be implemented by most schools.

“The requirement the each and every driving school should own not less than 1.7 acres of land upon which it must develop facilities and infrastructure of a model highway is unreasonable, “reads the petition.

Further Omtatah says that the requirement the each and every driving school should own classrooms measuring 8m by 6m, and equipped with ICT teaching aids such as computers and projectors and the requirement the each and every driving school should have a management structure containing such human resources as a school manager, a secretary, instructors, and a director of studies who are at least diploma holders cannot be implemented.

According to the petition papers filed at the Milimani Law courts, Omtatah says that on 29th December 2017, in an apparent knee-jack reaction to the deaths of the three bishops and in its habitual manner of looking for Scapegoats to blame and victimize whenever grisly traffic accidents occur on Kenyan roads, NTSA had arbitrarily and without notice shut down Operations in all driving schools around the country when it arbitrarily and without notice disabled on the NTSA portal the E-citizen passwords of the driving schools’ and also the passwords of Police examiners.

He claims that NTSA reconfigured its online portal by removing the old curriculum and uploading the impugned new one, and demanded that driving schools must first comply with the new curriculum before they would be issued with new passwords.

“That the affected driving schools are faced with imminent bankruptcy and collapse if their operations are not restored immediately by reinstating their Ecitizen passwords and the passwords of the officers of the Driving Test Unit of the Police,”argues Omtatah.

FORMER BANK BOSS LOSES SH 11 MILLION BID.

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Kisumu Barclays bank branch.

BY NT CORRESPONDENT.

Former Kisumu Barclays bank General Manager has lost his bid to seek for 11 million from the former boss.

This is after Employment and Labour Relations court dismissed an application by former Kisumu Barclays bank General Manager who was seeking compensation of Sh11million for unfair termination of employment.

Kennedy Maina moved to court in 2015 claiming that he was unfairly dismissed from work and was demanding for the money in respect to 27 years of service as a General Manager.

Justice Mathews Nduma dismissed the application saying that the suit by Maina and the counter claim by the bank have no merit.

“The Respondent did not pursue the counterclaim.  The Claimant demonstrated that he had paid all the loans advanced to him by the company and the counter claim is dismissed”, the judge said.

Barclays bank had opposed the claim in 2016 in which the entire claim was denied and counter claim in the sum of Sh3, 495,582.37 was made comprising of Staff housing loan Shs.895, 442.15, Staff personal loan Kshs.2, 565,287.80 and Card balance Sh.34, 852.42.

Maina He told court that he was employed by the bank on October 31, 1988 at a salary of Sh.41, 880 per annum.  He added that he rose through the ranks overtime and at the time of termination on March 6,2015, he earned a consolidated salary of Sh3 million per annum.

“An investigation was conducted at the Barclays bank Kisumu Branch where Maina was a General Manager following a whistle blowing that there were lapses in the security and operational procedure at the Branch and that he was demanding sexual favours from staff members hence jeopardizing the staff employment relations in the branch”, the court was told.

In addition to allegations of sexual harassment, it was alleged that the Kisumu branch was not opening on time and that on October 18, 2014 a member of management Immaculate Ayuko reported to work late and the keys to the doors were brought by her husband and the incidence was never reported timeously, contrary to bank policy that “key holder, must ensure that keys are not handed to any other person without the manager’s authority and never to a member of the public”.  It was also alleged that management was taking leave without following laid down procedure.

He said he received a letter of suspension on February 13, 2015 and he was invited to attend a disciplinary hearing on 20th February, 2015.

“The Claimant alleges that the Respondent disregarded the recommendations of the investigations.

And that the disciplinary committee was biased and did not give the Claimant a fair hearing”, Maina said.

The bank opposed the claim as earlier stated by a statement of defence and counter claim filed on 3rd March, 2016.

Justice Nduma said furthermore, a disciplinary process followed forensic investigations and evidently, without having to hear the side of the Respondent, there was justification to discipline and terminate the employment of the Claimant.

“The Claimant was paid all his terminal benefits.  The Claimant has not proved he was entitled to payment of gratuity as claimed or at all.  Consequent on the finding of the court on liability, the claimant is also not entitled to any compensation since the termination was lawful and fair.

UNIVERSITY STUDENTS ARRESTED IN A RING TO WEED OUT PARLIAMENT THUGS.

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Multimedia UniversityDerrick Kimutai Ng’etich and Edwin Nderitu Warukira before a Nairobi Court where they pleaded not guilty to the charge's.

BY NT CRIME REPORTER.

A close relative of former Bomet women rep Cecilia Ng’etich and a friend have been charged with an attempt on Jakoyo Midiwo money.

The two are students at Multimedia University and are alleged to have tried to steal Sh100,000 from the former Gem MP.

They told Midiwo that they were sent by Murang’a County women representative Sabina Chege.

Derrick Kimutai Ng’etich (Ng’etich nephew) and Edwin Nderitu Warukira who are pursuing degrees in mechanical and manufacturing engineering are alleged to have committed the offence on March 8 2018 at Goldent Spot restaurant in Nairobi.

The two denied the charges before Chief Magistrate Francis Andayi and were released on bond.

Prosecutor Solomon Naulikha brought to the attention of the court that the two are part of a bigger cartel that operates within Parliament building.

According to the police, the two have been in communication via text messages with Midiwo from March 3-8 2018.

A fortnight ago, National Assembly was made aware of claims that there were women and men seducing some MPs and demanding cash from them or their families.

The MPs from both divides- government and opposition- said that it was unfortunate that “such things” were happening to honourable members and when reported, no action is taken.

Nderitu and Kemutai are alleged to have first sent a text message via an unknown number to Midiwo which signed out as Sabina Chege.

The ‘purported Sabina’ asked him how he was doing and requested that he send her Sh 20,000 which she would refund when she got back to Nairobi from Mombasa.

Midiwo inauspiciously sent the money via Mpesa.

‘The ‘Sabina’ sent another message claiming to have checked out of ‘her’ hotel in Mombasa and was on ‘her’ way back to Nairobi.

During the chat, ‘she’ further told him ‘her’ bank account had been frozen by KRA and was coming back to Nairobi to sort out the issue.

Midiwo is said to have continued chatting the accused persons not suspecting that they were conmen.

They further texted him that the ‘she’ was broke and needed money to sustain ‘her’ until ‘she’ sorted out her bank account issue.

On Thursday 8th, the two sent another message saying ‘Sabina’ was at KRA sorting out the tax issues.

Jakoyo then decided to call Murang’a Women Representative through another number and she denied knowledge of the other contact and the people using it.

Hon Jakoyo then led them to believe he would give them Sh100,000 that evening.

However, he told the ‘Sabina’ he would not be around at that time but would leave the cash with one of his employees.

At around 5 pm, the said employee called Midiwo and told him two men had gone to collect the sum.

The police had been notified of the incident and the two were arrested.

The accused persons were granted a bond of Sh 50,000 or alternative cash bail of Sh 30, 000. The case will be heard on April 11 2018

FORMER NYS DEPUTY DIRECTOR IS INNOCENT, COURT SAYS.

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Former National Youth Service (NYS) Deputy Director Clare Lwali Chaddah before a Nairobi Anti-corruption court.

BY SAM ALFAN.

Former National Youth Service (NYS) Deputy Director Clare Lwali Chaddah has been acquitted.

She was accused of abuse of office and corruption soon after Former Devolution PS Peter Mangiti and 23 others were charged with the NYS scandal.

PS Mangiti and the 23 others were acquitted for lack of evidence.

Chief Magistrate Kennedy Bidali who read the judgement on behalf of Magistrate Felix Kombo said, “I am therefore satisfied that the accused person has exculpated herself inrespect of the charge and I shall acquit her under Section 215 of the Criminal Procedure Code.”

He added that Section 178 of the public procurement and asset disposal act of 2015 provides that “No person shall, in his personal capacity be liable in civil or criminal proceedings in respect for any act or omission done in good faith in the performance of his/her duties.

TERROR SUSPECTS TO BE DETAINED FOR 30 DAYS AWAITING INTELLIGENCE INVESTIGATIONS.

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Five terror suspects Abdimajit Hassan, Aden Mohamed, Osman Nane, John Maina Kiarie, and Anthony Kitila Makau alias Ratsa and Lydia Nyawira Mburu accused of plotting to attack Milimani Law Courts before a Nairobi Court on Friday March 16,2018/PHOTO BY S.A.N.

BY SAM ALFAN.

Five terror suspects accused of plotting an attack at Milimani Law Courts have been detained for 30 days.

This is to allow the prosecution to complete its investigations.

The suspects Abdimajit Hassan, Aden Mohamed, Osman Nane, John Maina Kiarie, and Anthony Kitila Makau alias Ratsa and Lydia Nyawira Mburu will stay in custody for a month.

Magistrate Martha Mutuku allowed an application by the prosecution to have the suspects detained saying that other accomplices are still at large.

“There are still other associates who are Francis Karicho Macharia and Pauline who are yet to be arrested,” said Prosecutor Dancun Ondimu.

Mr Ondimu said that the matter has attracted public interest and this week the matter was widely reported.

The suspects Abdimajit Hassan Aden Mohamed Osman Nane and John Maina Kiarie were arrested on February 15 at Merti area by police officer based at the Merit police station.

Kiarii was however arrested on February 21 at Kencom within the CBD.

At the time of their arrest, a number of items including explosives
devices, some of which were in built a motor vehicle were recovered.

Investigations carried out so far shows that the three have been in constant communication with a number of well-known terrorist alshabab based in Somalia.

Police believe that the three have other associates who are yet to be apprehended and their arrest is being vigorously pursued both within
and outside the country.

After arrest and brief interrogation it was crucial that a number of areas within Marsabit country be visited immediately.

Mr Ondimu added that police on patrol at merti police station spotted the vehicle and while approaching the car, the occupant started shooting back killing one suspect.

One of them however escaped.

He added that the police are still in pursuit of other vehicles. Makau alias Rasta is said to be a taxi driver.

“They were headed to launch an attack at the Milimani Chief Magistrate court on February 16 when Sheikh Guyo Gorsa was expected to appear in court to take plea in terrorism and other related charges in a bid to free him from custody.

The suspects are said to have been involved in searching and renting of the safe houses both located in Southlands langata and Rongai and the hotels rooms.

STATE CONTEST DECISION STOPPING JIMMY WANJIGI ARREST.

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Businessman Jimmy Wanjigi./PHOTO COURTESY.

BY SAM ALFAN.

The government wants the court to set aside orders stopping businessman Jimmy Wanjigi arrest.

The DPP through lawyer Daniel Mule says that the orders were issued on basis of nondisclosure of material fact, concealment of material documents and misrepresentation.

“Owing to the nature and seriousness of the offences facing Wanjigi the orders issued on March 1st should be set aside,” says Daniel Mule.

Mr Mule claims that Wanjigi is likely to commit serious and heinous crimes using the firearm and weapons in his possession and as such he is and continues to be a threat to public safety.

Similarly the DPP wants the court to set aside the orders stopping the criminal proceedings before the Nyeri Law Court.

“It is imperative, lawful, just and proper for investigators to recover the firearms and ammunition which were neither recovered/seized during the search of Wanjigi’s house in Muthaiga on 17th October 2017 nor surrendered pursuant to a letter dated 30th January 2018 from the secretary of the firearms Licensing Board,” reads the application.
Early this month High Court Judge George Odunga stopped the criminal case lodged in Nyeri against Wanjigi.

Justice Odunga also prohibited the police from arresting him until his case is heard and determined.

Odunga further allowed Wanjigi to challenge the process in which the case in Nyeri was filed, and observed that his constitutional rights had been violated.

According to the charge sheet in the Nyeri Law court, Wanjigi is facing 11 charges, among them being possession of illegal firearms.

CITY TYCOON MOHAN GALOT LOST BID TO BLOCK PROSECUTION.

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Businessman Mohan Galot before Nairobi Magistrate Court.

BY SAM ALFAN.

High Court has dismissed a miscellaneous application by Nairobi tycoon seeking to stop his prosecution.

Justice George Odunga disallowed  Mohan Galot application saying the application lacked merit.

The judge said there was no allegation made against the trial court and no orders were sought against the trial court.

The businessman moved to the high court through a miscellaneous application after he was served with a charge sheet by the prosecution. His defense led by Prof Tom Ojienda and Wandugi Kiraithe opposed the move by prosecution strongly.

“It has not been alleged that there is a risk that as a result of the adverse publicity to be generated by the intended prosecution of the applicant, the applicants’ right to fair trial is threatened. In fact, no allegation has been made against the trial Court along those lines and in these proceedings, no orders are expressly sought against the trial Court, which Court is in fact yet to commence the criminal proceedings against the applicant” ruled Odunga.

He is now going to face forgery charges before a Nairobi Magistrate Court.

According to charge sheet served to Galot, he is accused that on 5 of August at an unknown place in Nairobi jointly with others not before the court with intent to defraud forged CR 12 REFC 19267 of Galot Industries Limited purporting it to be genuine documents signed by Registrar of company Nicholas Odour.

He is also accused that on or before April 2016 at Milimani High Court within Nairobi jointly with others not before court knowingly and fraudulently uttered a forged CR 12 REF 16594 registered in the name Manchester outfitters limited purporting to be a genuine document signed by the registrar of companies Mr Joseph Sakoi.

Last week Galot escaped arrest warrant by a whisker.

This is after he failed to appear in court to take plea as ordered by Chief Magistrate Francis Andayi.

The Magistrate said it was not proper for the accused not to be present since there is no order from this court or the High Court staying the proceedings.

However, the magistrate did not issue arrest warrant since it was not sought by the prosecution.

Family members Pravin Galot, Rajesh Galot and Iranda Masiko-document examiner among 10 listed witness by police.

RIGHTS CRUSADER OKIYA OMTATA TO SPEND NIGHT IN DETENTION.

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Human Rights activist Okiya Omtata escorted by plain cloths police officers after arrest from Nairobi Magistrate at Milimani Law Court on Thursday March 15,2017/PHOTO BY S.A.N.
BY SAM ALFAN.

Rights crusader Okiya Omtata will spend the night in detention for failing to observe justice which he fights for.

Police arrested Omtatah at Milimani Law Court shortly after a warrant of arrest over claims that he failed to appear in court for hearing of a criminal case against him.

Chief magistrate Francis Andayi ordered for Omtatah’s arrest on Thursday in a case in which he is charged alongside other 32 protesters.

The 33 were arrested in June 2011 for locking up the offices of former Education Minister Sam Ongeri, over the alleged theft of Sh4.8 billion Free Primary Education Funds.

Omtatah says that he refused to appear in the case because the magistrate failed to attend court in time.

He said that he informed the prosecutor that he had gone to attend to another matter at the High Court.

“By 10.00 am the Magistrate had not turned up and since I had another case in the Employment and Labour Relations court, I left to attend to it,” he said.

In addition, Omtata said that when the Magistrate came in some 10 minutes later, he called out the file and upon being informed that I had gone to attend to a matter in the Superior Court, he refused to listen to the prosecutor who had asked that my file be set aside until I returned.

The activist, together with 33 others were held at the Industrial Area Prison for 10 days, and charged in 2011 without being put on trial.

TRADER ACCOUNT TO REMAIN FROZEN.

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Justice Lydia Achode who declined to issue order to unfrozen account belonging to businesswoman Pamela Aboo.

BY NT CORRESPONDENT.

High court has declined to issue an order to unfreeze bank account belonging to businesswoman, whose money is suspected to have been illegally obtained.

Justice Lydia Achode dismissed an application by filed Pamela Aboo, seeking orders to have her three bank accounts held at Equity bank unfrozen BY assets recovery agency.

The accounts has Sh20 million which she failed to explain its sources. The judge said that from the application by the business lady who is a wife to KRA senior officer,  she has not demonstrated how she obtained the money which the Asset Recovery Agency suspect to be proceed of crime. She dismissed the application seeking review of the order obtained by the Agency freezing the bank accounts, saying that the court is not satisfied with reasons given by Aboo.

The Agency through Senior State legal officer Mohammed Adow had indicated in its replying affidavit that the funds under preservation are suspected to have been acquired through bribery and money laundering by her husband.

The lady’s bank account were frozen on July 14, 2017 through an order issued by the Chief Magistrate’s court sitting in Milimani, Nairobi.

The pointed out that the Agency has already filed an application seeking order forfeiture, the application is yet to be heard.

“Despite the business woman maintaining that the money in question arise from her various business, she gave no evidence to demonstrate the sources and the kind of trade she conducts”, Justice Achode said.

The statements by Aboo concerning the relevant bank accounts show that she  only made deposits and did not  withdraw, saying  that she did not submit to court any form of proof as invoice and payments from customers.

“I note that Aboo has not demonstrated to the court that she relies on the said monies to provide day to day expenses. Freezing the account therefore will not deprive her of reasonable living expenses, since it is not an account she withdraws money from”, the judge said.

Justice Achode dismissed the application with costs saying it lacked merit.

SONKO WANTS APPEAL AGAINST HIS ELECTION DISMISSED.

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Nairobi County Governor Mike Muvi Sonko in his office City Hall in Nairobi.
BY SAM.ALFAN.

The Governor said that the election petition at the High Court was filed with an intention to blackmail and extort from him.

He claims that the two people challenging his win wasted their chance at the high court and are now abusing the court process by filing an appeal.

Through his lawyers Harrison Kinyanjui and Cecil Miller, Sonko has defended  Justice Msagha Mbogholi decision saying that he was right in striking out the petition because the two petitioners were not interested in prosecuting the case.

“You cannot ignore the fact that thousands of his (supporters) were also anxious and wanted the case brought to a finality. Withdrawing the case would have caused more anxiety,” submitted Kinyanjui

Mungai Nani for the Independent Electoral and Boundaries Commission said that the judge declined the application for adjournment because it was apparent the petitioners were not ready to prosecute the case.

Nani urged the court of appeal judges to dismiss the appeal.

Japheth Muroko and Zacheus Okoth had challenged Sonko’s election as Nairobi Governor but the case was dismissed by Justice Msagha saying that the two were no longer interested in prosecuting the case.

The two want the matter taken back to the high court for a fair hearing.

Through Dr John Khaminwa, they argue that the Judge errored in law In striking out the election petition.

He also argued that punishing them to pay costs of 5million shillings yet the case was not heard, was unfair.

Judges Justices Roselyn Nambuye, Gatembu Kairu and Kathurima M’Inoti will give a ruling on April 13.

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