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MIGUNA MIGUNA PASSPORT PRODUCED IN COURT.

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Opposition firebrand Miguna Miguna at Kajiado Law Court.

 

BY REPORTER.

Director Immigration Gordon Kihalagwa has surrendered Miguna Miguna passports in court as ordered.

NairobiTimez has learnt that, the passport was deposited in court this yesterday by Immigration officials to comply with a court order that directed the passport be surrendered in court within seven days.

The document is perforated, meaning the NRG General will have to apply for a new one.

Judge Luka Kimaru ruled that the declaration by Interior minister Fred Matiang’i was null and void.

“The desicion by the director of Immigration is illegal. Inspector General and DCI acted together with Gordon to defeat the orders of this court.” ruled the judge.

He directed Immigration director Gordon Kihalagwa to surrender Miguna’s passports to court within seven days.

Miguna was deported to Canada after his active involvement of NASA leader Raila Odinga’s swearing in now christened a mockery to the country on January 30.

In his signature slogan, Miguna mocked the government ‘come baby come’ one which he had also used to de-legitimise Odinga’s leadership.

Miguna, a lawyer said from Canada that he would be back and noted that his Kenyan citizenship cannot be revoked as he was born in the country.

He said police should have taken him to the courts as judges ordered instead of seizing his passports and driving him to the JKIA.

Justice Kimaru earlier ordered Kihalangwa to swear and file affidavits explaining circumstances under which Miguna was deported.

NAIROBI IS IN CRISIS BECAUSE OF EX-DEPUTY GOVERNOR IGATHE RESIGNATION, VOTERS TELL COURT.

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Nairobi Governor Mike Mbuvi Sonko with former Deputy governor Polycarp Igathe.

BY SAM ALFAN.

Two Nairobi voters have asked the court to overturn Polycarp Igathe resignation as deputy Governor.

Somin Kokoyo and Javan Owala have asked the court to either overturn the decision or issue a declaration that the executive committee of Nairobi County is not properly constituted.

According to the two, Governor Mike Sonko and his running mate Igathe came to office through an elective process and therefore the governor cannot appoint his or her deputy incase a vacancy arises.

“The continuous undermining of the constitutional role of deputy governor sets a dangerous precedent to the rule of law, constitutionalism and is an upfront to the spirit of devolution in Kenya,” they say.

They said the resignation of Igathe will throw the county into a leadership crisis and the rights of its residents under article 38 will be prejudiced since the absence of the deputy governor will directly affect the functioning of the officer of the governor.

COURT RULES DEPUTY GOVERNORS NOT MANDATORY PARTY IN ELECTION PETITION.

“The constitution assumes that both the governor and the deputy are a pair during their term of office since they were elected as a package”

Igathe announced his resignation on his Twitter account saying that he has failed to earn the trust of the Governor to enable him to drive Admin & Management of the county..

LEGAL BATTLE BREWS BETWEEN KENYA AND IRAN OVER TWO ARRESTED WITH BOMB EXPLOSIVES.

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Ahmad Abolfathi Mohammed and Sayed Mansour with their lawyer Ahmednassir Abdullahi/FILE PHOTO.

BY NT CORRESPONDENT.

A legal tussle is brewing between Iran and Kenya over two arrested and confined.

Seyed Mohammad Hadi, a legal officer from Islamic Republic of Iran says Administration Police Commandant must produce the two Iranians who were illegally and unlawfully confined.

Ahmad Abolfathi Mohammed and Sayed Mansour were detained despite the court of appeal quashing their conviction.

Through lawyer Ahmednassir Abdullahi, Hadi says that a judgement was delivered on January 26 after the Court of Appeal allowed their appeal of 2016.

“The court quashed the conviction and set aside the sentence of the two Iranians and ordered for their release and to be surrendered to the Immigration department for repatriation back to their country,” SC Ahmednassir says.

He claims that the suspects were released from Kamiti Maximum prison on the same day and were surrendered to the Anti-terrorism police unit for clearance and repatriation.

“Despite two court of appeal decisions , one which ordered for the repatriation of the subjects and one that dismissed the states application for leave to appeal to the Supreme Court, our clients are still being unlawfully detained” Ahmednassir told the court.

He claims on January 29, representatives from the two Iranians went to the ATPU headquarters to oversee clearance and release but were informed that they were being held at unknown place and no one was allowed to visit them.

SC Ahmednassir alleges that the actions by the officers in charge are blatant breach of an order issued by the Court of Appeal.

Ahmad and Monsour were imprisoned for having 15 kilogram (33-pound) stash of bomb explosives (RDX).

Court of appeal held that the circumstantial evidence that was relied upon to convict the respondents was so weak that it did not unerringly to their guilty.

The court noted that, ” The law relating to circumstantial evidence does not stand in a state of uncertainty so that it is for the common good of all that it will be clarified by the supreme court”

The three-judge bench of the appellate dismissed the state’s application. Ruling tomorrow.

TOP POLICE BOSSES CONTEST JUDGE’S DECISION.

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Police bosses AG Joseph Boinett (center) and DCI boss George Kinoti (right) and Chief Justice David Maraga at supreme court building/FILE PHOTO.

BY SAM ALFAN.

Police bosses AG Joseph Boinett and DCI boss George Kinoti have challenged Justice Luka Kimaru’s decision.

They have appealed against high court decision that found them in contempt of court and further declared the deportation of Miguna Miguna as illegal.

In their appeal they want the court of appeal to suspend or stay justice Luka Kimaru orders pending the hearing and determination of the appeal.

Mr Boinett and Kinoti argue that they were not heard before the court reached the determination of contempt of court that had been committed adding that their rights to a fair trial was breached.

“The conduct of the proceedings was in breach of the constitution and the provisions of the contempt of court Act,” reads the court documents.

The High Court found the two police bosses in contempt of court, a criminal offence without any hearing whatsoever contrary to Article 47 of the constitution, Fair Administrative action Act and the common law rules of natural justice.

The trial court, they say failed to adhere to the constitutional guidelines on fair trial.

The two were ordered to appear before Justice Kimaru to explain why they should not be punished for contempt. However they did not appear in court and instead they explained their absence in court to have been occasioned by mandatory duties which they had to attend to.

“I did not disobey the Order of this Honorable Court, since at the time the information that I and DCI were required to be present before this Honourable Court on February 6, I was already scheduled to attend a National Security Council meeting,” Mr Boinnet says.

Boinett further said that owing to the nature of his duties as the IG, it is mandatory that he attends all National Security Council meetings for the sole purpose of ensuring the country’s safety and security.

JUDGE TO GIVE ‘REASON’ WHY HE AGREED TO REMOVE PRESIDENT UHURU KENYATTA NAME FROM COURT CASE.

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Justice Chacha Mwita.

BY NT CORRESPONDENT

High court Judge has removed the President Uhuru Kenyatta’s name from a suit and promised to give his reasons later.

President Kenyatta was listed as a respondent in a case challenging the creation the office of Chief Administrative Secretary (CAS) which was before Justice Chacha Mwita.

Early this month the office of the Attorney General filed an application in court to have the name of President Uhuru Kenyatta struck out in the case filed by activist Okiya Omtatah.

Through State Counsel Gitiri Jennifer, the Attorney General argued that the president cannot be sued as he enjoys presidential immunity and that the inclusion of the Head of State is a clear misjoinder of party.

According to the AG, Omtatah will not suffer any prejudice by the exclusion of President Uhuru Kenyatta as a respondent in the case.

“The 1st respondent is the sitting President of the Republic of Kenya, having been duly elected and sworn in,” AG said.

Omtatah sued Mr. Kenyatta for the creation of Chief Administrative Secretary positions, arguing that the move was unconstitutional.

In his application filed at the Milimani Law Courts, Omtatah cited lack of public participation in the decision to include Chief Administrative Secretaries in assisting Cabinet Secretaries with their mandate.

LOBBY GROUP ENJOINED IN SAFARICOM BOSS ACCIDENT CASE.

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Safaricom Limited Director-Consumer Business Unit Sylvia Wairimu Njuguna also known as Slyvia Wairimu Muli.

BY SAM ALFAN.

International Centre for Law and Policy has been enjoined in a case which Safaricom Limited Director-Consumer Business Unit Sylvia Wairimu Njuguna also known as Slyvia Wairimu Muli is seeking to block her prosecution .

Justice George Odunga allowed the agency since it is the one which pushed for prosecution of Sylvia Wairimu Muli who was involved in a road accident on February 1,2015 at around 11:35 a.m along the Southern By-Pass which claimed a life of 8 years old minor.

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.

Sylvia-Mulinge.jpg-6

During the time of accident, the director was assigned to a Toyota Prado which caused the accident at 11:35 a.m along the Southern By Pass as she drove from Ngong Road direction toward’s Langata Road.

Sylvia reported the accident at Langata Police station on the same day and recorded a statement relating to the accident on 2 February, 2017.

The accident killed a 8 year old girl . The matter was investigated by the police.

Two years later Mugeria , Lempaa and Kariuki moved to court seeking orders to declare refusal  of police under command of Inspector General of Police to investigate and take legal action against the the Safaricom Consumer Unit Director Sylvia Wairimu Njuguna as unconstitutional and against public policy.

He further sought declaration that decision by the Langata police station to to determine the closure of the case without informing or seeking directions from the Director of Public Prosecution is inimical and contrary to the criminal justice system.

The organization further want police compelled to investigate and institute proper proceedings against the Safaricom employee.

Hearing to resume.

KETHI KILONZO NOT OFF THE HOOK IN IEBC VOTERS SLIP.

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Lawyer Kethi Kilonzo before a Nairobi Magistrate Court/FILE PHOTO.

BY NT REPORTER.

Director of Public Prosecution says that they are in process of talking instructions from IEBC on whether they should proceed with the criminal case against lawyer Kethi Kilonzo.

“I’ve written a letter to IEBC and we are still waiting for a response from them on the same ,” State lawyer Mungai Warui said.

The state asked the court to adjourn the matter to a later date when they will confirm the position of the case.

Matter to be mentioned on 26th of March.

DPP says that they are are in the process of taking instructions from IEBC on whether they should proceed with the criminal case against lawyer Kethi Kilonzo.

“I’ve written a letter to IEBC and we are still waiting for a response from them on the same ,” State lawyer Mungai Waroi said.

The state asked the court to adjourn the matter to a later date when they will confirm the position of the case.

Matter to be mentioned on 26th of March

Kethi was charged in September 2013. She was charged alongside alongside IEBC official Godfrey Ninito.

The two have denied stealing an IEBC acknowledgment slip, serial number 0002058624.

Kethi had allegedly used the slip to allege that she had been lawfully registered as a voter at Ngong Forest primary school in Nairobi.

The lawyer also faces another charge of handling stolen property and uttering false documents.

She allegedly uttered forged documents to the IEBC returning officer Salad Boru at Wote in Makueni.

This was during the nomination for the by-election to replace her late father Senator Mutula Kilonzo.

The matter to resume on March for further directions.

PRISON BOSS LEGALLY IN OFFICE.

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Kenya Prisons Commissioner General Isaya Osugo and Omar Tawane Gudal lawyer Danstan Omari outside Employment and labour relations court after court ruled his clients should remain in office on Friday February 16,2018/PHOTO BY S.A.N.

BY SAM ALFAN.

Appointments of Kenya Prisons Commissioner General Isaya Osugo and Omar Tawane Gudal on a two year local service agreement was lawful and fro justifiable reasons, court rules.

“The petition is therefore found without merit and is hereby dismissed with no orders as to cost, ”ruled Justice Abuodha Jorum.

Labour and employment relation Court Justice Nelson Abuodha said that the current state of affairs in the country is that there is no statute that prescribes the retirement age.

“The matter is left to a policy document which has since attained the status of a binding law, ”reads the judgment.

Further justice Abuodha noted that the state of the law is a cause to worry about but until the policy is changed or regulated by appropriate legislation the court cannot interfere unless the such appointment on the face of it smacks of bad faith and influenced by ulterior considerations which if allowed would offend the principles of public service contained under article 232 of the constitution.

Omtatah had faulted the then Interior Cabinet Secretary Joseph Nkaissery, the Public Service Commission (PSC) and its head as well as the Attorney-General of retaining the two contrary to the government policy to retire public servants upon attaining the age of 60.

He also claimed that Gudal has been acting for three years as the Regional Prisons commander in North Eastern hence it would be prudent if the position is advertised so that an appropriate person can be appointed.

He claimed that the President too has no mandate to direct PSC on how to perform its duties considering that it is the body that deals with appointments for public office holders.

He argued that it is the President who directed that Osugo’s term to be extended despite the fact he had clocked 60 years of age.

LAWYER KENNEDY OGETO NOMINATION CHALLENGED.

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Lawyer Ken Ogeto leaving high court. /FILE PHOTO.

BY NT CORRESPONDENT.

Activist Okiya Omtata on has moved to court seeking to suspend the nomination of Kennedy Ogeto as the solicitor general.

In the petition, he has again name president Uhuru Kenyatta as a respondent.

Omatta in the petition says that there was no public participation and therefore the president violated the law.

“Article 10(2)(a) which categorically provides that the national values and principles of governance include the rule of law, democracy, and participation of the people, “reads the petition.

He claims that by purporting to handpick and appoint Ogeto as solicitor general without him being first identified and recommended by the public service commission through a competitive and merit-based recruitment.

Omtata wants the court to restrain Uhuru, Public Service Commission, Ag and the speaker of National assembly from effecting the nomination of Ogeto.

He is further seeking for an order to stop the speaker of National Assembly from accepting Ogeto’s name for purposes of vetting.

In the petition, Omtatah says that the president is bound by the constitution and other laws of Kenya and has no capacity to act beyond or outside the law. He says Uhuru must uphold the provision and the spirit of constitution and statute.

‘It is of utmost importance that the impugned decision of president Uhuru Kenyatta are suspended to protect constitutionalism and the rule of law, the interest of the public and to protect these proceedings for being rendered nugatory,” argues Omtatah.

Omtatah also says that the court has a duty and the jurisdiction to stop the blatant disregard of the rule of law.

Further, he says unless his case is heard urgently and determined he and other Kenyans will suffer great loss as the constitution and the rule of law will continue to be violated and threatened.

On Tuesday the president made two more changes by appointing Kennedy Ogeto as the solicitor general and Njee Muturi shifting Deputy Chief of staff at the state house.

“I have also today nominated Kennedy Ogeto as Solicitor General and appointed Njee Muturi as Deputy Chief of Staff,” President Kenyatta said.

JUDGES AND MAGISTRATE BODY JOINS WAR AGAINST COURT ORDERS VIOLATION.

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The Secretary General of Kenya magistrates and Judges Association Derrick Kuto (centre) accompanied by (left to right) president of the association Jacqueline Kamau,Vice secretary general Muktan Sarat,vice president Everlyne Olwande and Treasurer Benmark Ekhubi address the media at the association offices at Milimani Law Courts on Friday February 16,2018/ PHOTO BY S.A.N.

BY SAM ALFAN.

The Kenya Magistrate’s and Judges Association ((KMJA) has joined the war against violation and failure to obey court orders by state institutions and condemned the recent attacks to the judicial officers and disobedience of court orders by politicians and senior civil servants.

The Association’s Secretary General Derrick Kuto accused politicians of targeting the Chief

Justice David Maraga and other judges in connection with the discharge of their duties.

“Every Judge, Magistrate or Kadhi subscribes to an oath of office to uphold the rule of law and protect the constitution Occasionally parties that come to court may be dissatisfied with decisions rendered by judicial officers. Parties have recourse in law in such circumstances.

It is therefore in bad faith for a litigant to target individual judges and Magistrates in the discharge of their duty”, he said.

Justice Jacqueline Kamau the (KMJA) president also faulted the political class for disobeying court orders.” Disobedience of Court orders will lead to total chaos.

The 2007 Post Election Violence occurred because people had no faith in the Judiciary “, she said.The association called upon Kenyans to support the Judiciary in its quest to defend the constitution.

“As KMJA we believe in the independence of the Judiciary even as we appreciate the interdependence and respect amongst the three arms of government.

The President Jacqueline Kamau added that there is no need of issuing orders that are not complied with.

“We call upon all Kenyans to support the Judiciary even as we appreciate the interdependence and respect amongst the three arms of Government,” said Kamau.

KMJA said the Judiciary even as the rule of law, steadfastly defend the Constitution of Kenya and diligently dispense justice without fear or favor.

They added that it is in bad faith for a litigant to target individual Judges, Magistrates or Kadhis in the discharge of their duties.

“It is, therefore, a matter of grave concern when court orders are disobeyed,” said Kuto.

The association has in various events condemned attacks on judiciary.

 

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