Blog Page 305

CS’s MATIANGI, JOE MUCHERU TO BE PUNISHED FOR TVs SHUTDOWN, ACTIVIST ASKS COURT.

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Interior Cabinet Secretary Dr Fred Matiang'i and his colleague ICT Cabinet of Secretary Joe Mucheru who face's contempt of court.
BY SAM ALFAN.

CS Dr Fred Matiang’i and his colleague CS Joe Mucheru could be jailed.

This is after rights crusader Okiya Omtata filed contempt of Court proceedings against the state over alleged refusal to switch on three television stations.

The two CS’s are respondents in the suit.

Omtata also wants the Communication Authority to be held in contempt.

Last week, a judge ordered the stations’ signals be restored.

NTV, KTN News, and Citizen TV have been switched off for almost 8 days.

Omtata said he served the parties with a copy of the orders on Friday through a paid up advertisement.

He says that state officials have blatantly disobeyed the orders and hence should be punished.

Omatah says the court has the unfettered powers and jurisdiction to stop the blatant disregard of the rule of law.

He says unless his application is heard immediately, Kenyans will continue to suffer great loss and damage.

Apart from the two CSs, Omtata also wants the court to punish PSs Kamau Thugge, Karanja Kibicho, Sam Itemere, and the entire CA board.

The board members are Ben Ngene, Paul Kukubo, Mugambi Nandi, Ken Tikolo, David Cheruiyot, Levi Obonyo, Christopher Guto, and Patrick Kimama.

MIGUNA PAYS SH 50,000 TO SECURE HIS FREEDOM.

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Miguna Miguna lawyer Dr John Khaminwa accompanied by other lawyers addressing press outside Milimani Law courts.
BY NY CORRESPONDENT.

High Court has released Miguna Miguna on a cash bail of 50,000 pending hearing and determination of the application he has filed this afternoon.

“Pending the hearing of this application inter parties on 5 February ,2018 the applicant be and is hereby released on a cash bail of of Kshs. 50,000 to appear before this court in person on 5 of February , 2018 for inter parties hearing as stated herein” ruled the judge.

He further ordered that if police intends to charge Miguna Miguna, he should be arraigned in court before court.

” That in the alternative, should the respondent intend to charge the applicant with any person with any known office , then the same is to appear before the said Court as soon as required if it is to be before his appearance before court this court” Wakiaga J ruled.

The judge directed the Inspector General of police personally to effect the same on any of the officers who are holding Miguna Miguna.

He ordered Miguna Miguna to appear in court on Monday in person and if state intends to prefer any charges against him he should appear in appropriate court.

Through lawyer Khaminwa and Peter Kaluma , Miguna argued that, police arrested him this morning after bombing his house in Runda.

They sought Miguna to be admitted to bail pending any investigation or pending the bringing of any charge against the Miguna Miguna.

In the application Miguna Miguna applied to  be granted anticipatory bond or cash bail pending hearing and determination of the application or intended charges.

Miguna Miguna argued that the powers of arrest by the police are being abused, misused ,intimidate and to oppress him.

YOUR LIST IS UNCONSTITUTIONAL, COMMISSION TELLS PRESIDENT KENYATTA.

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President Uhuru Kenyatta with his Deputy William Ruto.

BY SAM ALFAN.

Your nomination list of Cabinet Secretaries and Permanent Secretaries is illegal, KHRC tells President Uhuru Kenyatta.

Kenya Human Rights Commission filed a case seeking orders to quash the nominations released on January 26 saying that the list does not meet the constitutional threshold.

The Commission accuses the President of submitting a list that is defective for vetting and approval without considering the two-third gender rule, five percent of persons with disability and inclusion of youth minority and marginalized groups.

The commission claims that the act is a serious affront to the Constitution.

In addition they say the creation of the office and appointment of persons as the Chief Administrative Secretaries, is unconstitutional.

“The Chief Administrative Secretaries positions were created purposely as consolation prices for the President’s allies who lost in the August 8 2017 General Elections and not for nation building,”claims KHRC.

The commission says that the nominations defeat the very struggle, urge and promulgation of the Constitution 2010.

MP ARATI FIGHTS GUN WITHDRAW IN COURT.

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Dagoretti North Member of Parliament Simba Arati.

BY NT CORRESPONDENT.

Dagoretti North Member of Parliament Simba Arati has moved to courts seeking to quash decision by  Firearms Licensing Board that revoked the MP’s firearm.

He claims that the decision of the Firearms Licensing Board constitute a threat to his rights and freedoms and those of his constituents whom he serves.

He claims that his freedom of security and movement has been greatly prejudiced and as a result of the revocation of his firearm certificate adding that he cannot move freely or interact with his constituents as his mandate as an elected leader.

According to the letter seen by NairobiTimez, it informs the Member of Parliament of his firearms revocation of firearms.

“I wish to notify you in accordance with the provisions  of the firearms Act Cap, 114 laws of Kenya that your Firearms Certificate No 10242 issued to you  on 12 November , 2015 is with effect from date of this notice, revoked as the Firearms Licensing Board is satisfied that the revocation is warranted under section 3(7) of the above mentioned Act for reasons that  you’re unfit to be entrusted with a firearms anymore” State the letter.

Secretary Firearms Licensing Board Samwel Kimaru informed Mr Arati that he is required to surrender the firearm immediately.

The letter further reminded the MP he is now illegally in possession of the two firearms.

COURT DIRECTS THAT ALL TV STATIONS TO BE RESTORED.

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Three media houses logo.

BY SAM ALFAN.

High court has directed the government to restore all television stations that had been shut down by CAK.

The court has also issued a conservatory order barring the government from interfering with all television transmission by citizen, KTN and NTV.

“That Pending the hearing and determination of this application inter-partes a conservatory order does issue directing the Respondents to forthwith, with immediate effect, restore all television transmissions by the 1st to 3rdInterested Parties in the pendency of this Application/Petition” ordered Mwita J.

Activist Okiya Omatatah this morning filed a case at the High Court challenging government decision to switch off Citizen TV, KTN News and NTV.

In the petition Omtata argues that the shutdown is illegal and there is no provision in law to support the said shutdown.

Omtata said that government must be stopped from ignoring the rule of law which is a key national value and principle of governance.

The three media houses have been named as interested parties inthe case whereas CAK,CS Fred Matiangi and CS information,Communication and Technology together with the Ag have been named as respondents.

“The respondents action violates the prohibition in article 34(2)which bars the state from exercising control over or interfering with any person engaged in broadcasting the production or circulation of any publication,”reads court documents

Omtata is also seeking an order for compensation of the three media houses for Loss incurred during the switch off .

Omtata says that the respondents action violates the right to freedom of expression by limiting freedom of expression.

He further says that the public right to information under article 35 is directly affected since the switch off has curtailed the public right of access to information broadcast by the media houses.

He argued that CAK without giving warning and any reasons, in the morning of 30th January,  2018, the Respondents switched off (shut down) free to air transmission on television channels owned by the 1st to 3rd Interested Parties.

He said the respondents’ action violates the right to freedom of expression by limiting freedom of expression on grounds that have no proximate relation to the limitations permitted by the Constitution on the freedom of expression underA rticle 33(2) – propaganda for war, incitement to violence, hate speech, or advocacy of hatred under Article 33(2)(d).

The shutdown was as a result of broadcasting the National Super Alliance (NASA) event at Uhuru Park despite state order barring TV stations to air the event live.

Matiang’i accused some media personalities of furthering NASA agenda which he termed as an illegal act according to the Constitution.

INCREASE OF JIMMY WANJIGI BAIL DENIED.

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Businessman Jimmy Wanjigi./PHOTO COURTESY.

BY NT CORRESPONDENT.

Businessman Jimmy Wanjigi got a reprieve after the court halted a request to review his bail terms.

The High Court dismissed an application by the Director of Public Prosecutions (DPP) which was seeking to enhance his bail terms.

Justice Chacha Mwita dismissed the application that wanted the court to increase the anticipatory bail by Sh50, 000.

“An application by the DPP lacks evidence or any prove to warrant the issuance of the orders sought,” said judge Chacha.

Mr Wanjigi is being investigated for possession of firearms but he has since obtained temporary orders stopping his arrest.

He was also granted an anticipatory bail of Sh50,000.

On December 8, 2017, the DPP complained that the amount granted to Wanjigi was below the magnitude of the offense being investigated against him.

DO NOT BLOCK US FROM DOING OUR JOB, POLICE TELL COURT OVER JIMMY WANJIGI CASE.

“Wanjigi should also be stopped from leaving the country without getting permission from the police and or the court pending completion of the investigations,” added Victor Mule

Wanjigi Lawyer Julie Soweto said the police are only mischievous and claim that they are investigating Wanjigi in relation to possession of illegal firearms which is untrue.

LAWYER NELSON HAVI CONTESTS REJECTION BY LSK.

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Lawyer Nelson Havi (center) who is vying for Law Society of Kenya president, accompanied by other lawyers address the media outside Milimani law courts on Wednesday January 31,2017/PHOTO BY S.A.N.

BY NT CORRESPONDENT.

Counsel Nelson Havi will know whether he can run for LSK seat Monday next week.

Mr. Havi had been disqualification from contesting in next month’s LSK elections overage.

“The age/status discrimination in section 18 of the Law Society of Kenya act is peculiar to Kenya as there is no such statutory age/status discrimination in any other commonwealth country, ”argues Havi.

Lawyer Havi says he is qualified to run for the LSK presidential seat, saying he has attained the 15 years of practice that forms the reason for rejection of his nomination papers.

LSK has however in the case opposed the application and urged the court to dismiss it with cost saying that -Havi does not have the qualifications as outlined in the LSK Act and the Constitution.

LSK claims that Havi having been admitted to the bar on June 12, 2003, he shall have attained the 15-year threshold on June 12, 2018, three months after the elections and two months after presumption of office of the new leaders.

BUSINESSMAN IN COURT OVER FRAUD.

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Businessman Azin Shezar Shams Udeen Aziz before a Nairobi court.

BY NT CORRESPONDENT.

Nairobi businessman has been charged with obtaining before a Nairobi Court.

Azin Shezar Shams Udeen Aziz is accused on different dates between 25 February 2014 and 25 of February 2015 in Nairobi with intent to defraud jointly with others not before court obtained 120,000 dollars from Munawar Sultana Rajpar of Mona Bureau De Change Limited by falsely pretending that he in a position to do business with a good return , a fact he knew was false.

Azin is also accused on28 of September 2016 at Central police station in Nairobi with intent to defraud/deceive knowingly and fraudulently  uttered  a false document namely a petty cash voucher for payment of 2,643,000  milling shillings dates 6/5/2014 to Police Constable George Rondu purporting to be genuine petty cash voucher for payment of above amount duly signed by Munawar Sultana Rajpar of Mona Bureau De Change Limited.

Prosecution alleges on 28 of September 2016 at unknown place in the country with intent to defraud/deceive, jointly with others not before court forged a petty cash voucher for payment of Kshs. 1,730,000 dated 25/2/2015  purporting it to be a genuine petty cash voucher signed by Munawar Sultana Rajpar of Mona Bureau De Change Limited.

The businessman is also accused of forging of another petty cash voucher worth 1.8 million.

He is facing nine counts of various offences. He pleaded not guilty before Nairobi Magistrate and released on a cash bail of 2 million and a bond of 5 million.

The matter will be mentioned on February 4 for further directions.

RAILA ODINGA MUST LEARN FROM THIS ‘ULTIMATE’ LESSON.

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Amani coalition party leader Musalia Mudavadi, Wiper Partly leader Kalonzo Musyoka and Senator Moses Wetangula.

BY THOMAS KARIUKI.

NT EDITOR.

Raila Odinga’s swearing-in can only be described as an imprudent spectacle in world politics. Let us look at some of the misleading, irresponsible, mockery and or empty theatrics that Kenyans were subjected to in the bygone weeks.

WE ARE TOGETHER?

This was the most politically calculated perversity christened opposition unity. Wiper Leader, a NASA principal, the ‘prophesied’ deputy president Kalonzo Musyoka left Raila Odinga at the hour of need; he was nowhere to be seen-maybe he was hiding or he was unwell or he was watching his ‘president’ Odinga on social sites or he did not believe baba’s message of the journey to Canaan; hmmm no one knows. Days ago Musyoka was on the heels of Odinga in rallies in Ukambani and Luo Nyanza that would culminate into them being sworn in together as president and his deputy respectively. Who would have foreseen this, Raila Odinga ‘Prophet Moses’ could not discern the desertion?

Musalia Mudavadi and Moses Wetangula too could not make it for the swearing in. Was it out of fear, contempt, lacked transport to go to Uhuru Park the venue for the big day, political cunningness, were not blinded/overwhelmed by Raila’s untamed ambitions or they did not believe in Raila’s presidency? Despite being promised plump positions in Raila’s government, no one attended his swearing-in. I remember offering advice days ago that Raila should conduct a monitoring and evaluation report on his campaign, to revise some indicators, inputs, processes, activities or the implementers.  I suggested that the problem could not be the campaign but him as a person. It fell on deaf ears.

One thing is that Raila managed to muscle his army behind him. Some of his party luminaries came for the swearing in with the mission of “kama ni mbaya ni mbaya” (if it is bad, let be bad). Where were Kalonzo, Mudavadi and Wetangula’s elected leaders?

WIPER LEADER KALONZO MUSYOKA OUTWITS RAILA IN PRESIDENTIAL RACE PACT.

IT WAS JUST A BAD JOKE TAKEN TOO SERIOUSLY.

Allow me to say that the swearing in of Raila Odinga was just a bad joke that was taken too seriously. The reason why I say this is because Raila was pushing and shoving an establishment, an existing government. The fathers of old say that one cannot compete with an elephant to defecate. However, Raila decided to be sworn it anyway, despite all roads being closed, despite all laws indicating that it was illegal, despite being warned by all people who love him by heart, he decided to make the forward march.

Kalonzo, Mudavadi, and Wetangula allowed this honorable man beat himself to his game lest anyone ignores that politics is about interests. To remove Raila from the 2022 equation, Kalonzo and his luminaries could not soil their image on the international front. Being sworn in as president was Raila’s ambition, illusion, and fantasy; it was not Kalonzo’s, Mudavadi’s or Wetangula’s interest. I remember too writing a piece that Kalonzo outwitted Raila by allowing each party to have its own presidential candidates. This, I said would allow Kalonzo or Mudavadi and Wetangula bargain with the government in power. What a power thrashing.

WHAT THEN DROVE RAILA INTO BEING SWORN IN?

Raila followers pressurized him to the blink of his destruction. Raila’s promises to his people and the hopes he inspired on these people made him do the unthinkable. I discussed this with several opposition politicians who said that they thought that this man was sick. No one can go this far and even agree to die for the sake of a course no one knows where it would head or end. One told me, “we must follow on our leader whether he makes sense or not. At least some of us are this far politically because of him. If he says we bow, we will bow, if he says finish, we will finish.”

WHAT  NEXT?

Raila should not ignore the deceit Kalonzo, Mudavadi and Wetangula played him into. They cheered him into destruction but he must not go down alone. Allow me to remind Raila that politics is about interest and if one’s interests are not met, there is no need to use a lot of energy where one’s interests are not met. Raila should not meet any of these cheats, charlatans, and impostors because they only use Raila for their gain and public image, derive their fame from being associated with him. With or without Kalonzo, Mudavadi, and Wetangula, Raila pulled big crowds to Uhuru Park. Raila should never forget this.

According to the 48 Laws of Power, Law 47 says do not go past the mark you aimed for; in victory, learn when to stop.

DETECTIVE ACCUSED OF RENTING GUNS TO CRIMINALS DETAINED.

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Kiambu based Senior Sergeant Gabriel Rotich, 56 years old when he appeared before a Nairobi court under miscellaneous application on Tuesday January 30,2017/PHOTO BY S.A.N.
BY SAM ALFAN.

Nairobi Magistrate Court has detained the officer in charge of firearms Kiambu Divisional Headquarters Sergeant Gabriel Rotich for four days to allow police complete investigations.

Senior Resident Magistrate Peter Oduor Ooko allowed police application saying it has merits.

“I have gone through this application and affidavit and i find it has merits and I hereby direct the police to detain the accused for four days starting today and produce him in court on Friday” ruled Ooko.

This is after detectives applied to detain the suspect through a miscellaneous application seeking to be allowed to detain the suspect for seven days to complete investigations.

They said on 19 this month , police officers from Special Crime Prevention Unit acting on information confronted a  gang and a shoot out ensued where two armed robbers Maina Ngugi and Josphat Maina Kinya were shoot dead and two firearms recovered.

One of the firearms recovered belonged to Kiambu CID divisional headquarters  and another to Catrani Alberto an Italian national based in Malindi. Both firearms were stolen on the day last year October.

Sergeant Rotich was in charge of division armory when the lost firearms was issued. The recovery of the firearms prompted an extensive and comprehensive audit of the persons issued to Kiambu CID Divisional Headquarters.

The affidavit further discloses that, after discovery of the two firearms , the suspect went missing with armory keys where the firearms and ammunition are stored.

The disappearance of Sergeant Rotich prompted the officer Commanding Kiambu Divisional Headquarters and officer from Special Crime Prevention Unit to break into the armory to conduct audit.

The audit revealed that the suspect has been issuing firearms held as exhibits for cases pending before court which were held at Kiambu DCI Headquarters to officers on duty contrary to police regulations.

The said firearms are suspected to have committed robbery with violence offences.

The officer was charged  on Friday with unlawful disposal of government firearms.

Milimani chief magistrate Francis Andayi granted him release on a cash bail of Sh400,000 pending the hearing on March 1.

Senior Sergeant Gabriel Rotich, 56, yesterday presented himself to the Directorate of Criminal Investigations officers Nairobi in the company of his lawyer.