Blog Page 306

GOVERNMENT HAS TWO DAYS TO RESPOND TO MIGUNA CASE.

By Nairobi Times -
0
Lawyers Dr John Khaminwa and Nelson Havi addressing journalists after the mention of a case in which NASA firebrand MigunaMiguna is seeking suspension of directives to deport him at Milimani law courts on Tuesday February 13,2017/PHOTO BY S.A.N.

BY SAM ALFAN.

The government has been given two days to file its response in a case where Miguna Miguna wants to be allowed back in the country.

Attorney General through lawyer Charles Mutinda told the court that he was only served with the petition yesterday at 5 Pm.

“Give us time we file papers, we will abide by the directions of this court we will respond as soon as possible so that the court can make its decision,” Mutinda said.

The lawyer also acknowledged that there are underlying facts that needed to be brought to the court as to why Miguna was deported.

Justice Chacha Mwita also directed Miguna to file supplementary affidavits by February 16 at 11:00 am and appear for inter-party hearing on 16th February at 12 noon.

The judge is curious on whether Miguna was given a fair hearing before deportation.

SONKO WANTS APPEAL BY ODM OFFICIAL DISMISSED.

By Nairobi Times -
0
Orange Democratic Movement Dr Noah Akala who has appealed high court decision that dismissed petition against Governor Mike Sonko.

BY NT CORRESPONDENT.

Nairobi County boss wants an appeal filed by ODM official at the appellate dismissed.

Mr. Sonko claims that the appeal by Dr. Noah Akala seeks to expand the scope of the appeal yet it raises similar issues similar to the appeal filed by Japheth Muroko and Zachaeus Okoth.

Kinyanjui told Justices Roselyn Nambuye, Gatembu Kairu and Kathurima M’Inoti that Dr. Akala was to be a witness in the petition by Muroko and Okoth and anything he seeks to raise can be addressed in the earlier appeal.

The Judges said that they will hear the main appeal together with Sonko’s application.

“All parties supporting the appeal to file and serve submissions on or before 26th. Those opposing to file before March 7,” directed court of appeal judges.

The court of appeal has already set 13th of March for the hearing of an election petition challenging the high court decision to strike out an election petition challenging the election of Governor Mike Mbuvi Sonko.

The High Court last month struck out the petition challenging the election of Nairobi County boss Mike Mbuvi Sonko.

Judge Msagha Mbogholi issued the ruling after the petitioners, Japheth Muroko and Zachaeus Okoth Oliech, made an application on Tuesday for leave to withdraw the election petition whose hearing was scheduled for January 8th to January 12, 2018.

“This court is left with no alternative but to order that the petition filed by the two petitioners against the respondents shall be and is hereby struck out for want of prosecution” ruled Msagha

The judge also ordered the two petitioners to pay cost of 5 million to the governor and IEBC.

“The petitioner shall pay the respondents costs occasioned by the striking out of this petition capped at Kshs. 2.5 million to the 1st and 2nd respondents and Ksh. 2.5 million to the 3rd respondent, making a total of Ksh. 5 million” Judge ruled.

The petitioners cited security reasons, free will and own volition as grounds for the withdraw of the petition.

However, the judge in his ruling noted issues of security raised yesterday by petitioners legal team.

The judge further noted he has declined to struck out the petition earlier to avoid the petitioners being driven out of the seat of justice without a hearing but they no longer interested to prosecute the petition.

JUDGE ORDERS REINSTATEMENT OF GUNS TO POLITICIAN.

By Nairobi Times -
0
NARC Chairman Millitonic Mwendwa Kimanzi Kitute with Kitui Governor Charity Ngilu on Friday February 9,2018.

BY NT CORRESPONDENT.

A Nairobi court has ordered the reinstatement of three pistols to a politician who fired severally after a disagreement with members of his campaign team.

Justice George Odunga quashed the decision de-licensing and withdrawing his three pistols.

He also ordered the board to within 30 days of service of the order, rehear the matter afresh and give an opportunity to Kitute to be heard and make a decision within the law.

The Firearms Licensing Board revoked the license after Millitonic Kitute, Narc Chairman was engaged in a scuffle bordering on how to raise funds for his campaign.

In his 25 page ruling, Odunga said the  board disarmed Kitute and his licence revoked after two groups clashed following a disagreement over how to raise funds for him.

“The applicant suddenly removed his gun and shot thrice in the air endangering the lives of other people involved in the scuffle,” the board said.

Kitute vied for Kitui East parliamentary seat on Narc ticket in the last year’s elections, but lost to Nimrod Mbai of Jubilee.

He told court that his arrests and prosecution were in bad faith and only commenced after his complaints of rigging of the elections in his constituency.

He added that the arrests were meant to have him detained in custody and not to file his petition.

The politician also claimed in court that on August 9, 2017, Kitui East MP Mbai strangled him at Sunrise hotel and took away his firearm which was taken to a police station and a false report made.

Justice Odunga however ordered that in default of compliance, an order of mandamus shall issue compelling the licencing board to return the firearms and the certificate.

“Democracy is normally a messy, and often times, a very frustrating, way of governance. In this respect , dictatorship are more efficient.”  We have made a bed and we must lie on it however some people may feel uncomfortable with it. This is the message in Article 2 (1) of the constitution.” Odunga J observed in his ruling.

Mr Kitute was a candidate in the last General Elections contesting for the Member of National Assembly for Kitui East Constituency under NARC Party which is under the NASA coalition.

He told the court immediately after the August 8 election, he was arrested and taken to court at 2 p.m and charged with offence of behaving in a a disorderly manner while carrying a firearm contrary to section 33 of the firearms Act and was released on bond after Director if Public Prosecution found the charges were defective and recommended further investigations.

According to the ruling, Katute was arrested and charged in various court.

He had filed a petition challenging the election of Kitui East Member of Parliament Nimrod Mbai.

ALLOW ME BACK TO KENYA, MIGUNA REQUESTS.

By Nairobi Times -
0
Opposition firebrand Miguna Miguna at Kajiado Law Court.

BY SAM ALFAN.

Opposition firebrand Miguna Miguna wants to be allowed back into the country.

The self proclaimed National Resistance Movement, (now outlawed) General wants a court in Nairobi to overturn his deportation.

‘General’ Miguna wants the court to suspend the decision that he’s not a Kenyan and that his presence in Kenya was ‘contrary to national interest and should be taken back to his country of origin- Canada.”

He also wants the court to grant an order suspending gazette notice declaring National Resistance Movement (NRM) to be a criminal organization.

Miguna also wants the court to order the government to reinstate his passport and avail it to him.

Through lawyer John Khaminwa, Miguna says that the purported deportation was unconstitutional, unlawful invalid, null and void.

“The petitioner therefore prays for the urgent intervention of this court in order to arrest the continuing violations of his constitutional rights and to mitigate against the continuing irreversible prejudice he is suffering as a result of the illegal actions by the respondents,” he says.

CS Dr Fred Matiangi, Director of Immigration Dr Gordon Kihalangwa, Inspector General of police Joseph Boinett, DCI George Kinoti and officer in charge of Flying squad Said Kiprotich have been named as respondents in the suit.

SAFARICOM SABOTAGING GARRISA ATTACK SUIT, COURT TOLD.

By Nairobi Times -
0
Mohamed Ali Abdikar, Hassan Aden Hassan, Sahal Diriye, Osman Abdi and Rashid Charles, a Tanzanian before a Nairobi Court.

BY NT CORRESPONDENT.

Telecommunications giant Safaricom has been accused of sabotaging Garissa University terror inquiries.

The Managing Director as a result has been summoned by court tomorrow afternoon to explain the reason behind alleged ”endless failure to cooperate with prosecution.”

Office of the Director of Public Prosecution accused Safaricom of sabotaging a terrorism case where five people are charged over the Garrisa University terror attack that claimed 149 student lives for failing to avail a engineer to explain the mobile data they submitted in court.

Safaricom liaison officer Inspector Rabala and superior liaison officer Weldon Siongok have also been summoned.

Senior DPP Mr Duncan Ondimu told the court that Safaricom has not been cooperative because it had promised to avail an engineer from December last year but in vain.

“My effort to get in touch with general officer Weldon Siongok and Inspector Rabala has also been in vain” said Ondimu.

Prosecution accused Safaricom of treating the criminal matter casually despite of the seriousness of the matter.

Mohamed Ali Abdikar, Hassan Aden Hassan, Sahal Diriye, Osman Abdi and Rashid Charles, a Tanzanian, denied 162 counts of terrorism and have been ordered detained until June 11, when the court will rule on their bail terms.

The prosecution opposed their release on bail, noting that they were suspected Al-Shabaab terrorists and their release may prejudice the trial.

TWO MORE NAIROBI COUNTY OFFICERS CHARGED OVER FRAUD.

By Nairobi Times -
0
Edwin Alwora (County Monitoring and evaluation officer) and Josephat Njoroge before a Nairobi Court.

BY NT CORRESPONDENT.

A Development official with Nairobi County, nubbed while pursuing bribes to facilitate acquisition of single business permits has been charged.

Edwin Alwora (County Monitoring and evaluation officer) was charged alongside Josephat Njoroge his agent.

The court was told that there was a conspiracy to defraud the county government almost Sh6 million.

The accused persons were accused of committing the offense on diverse dates between 27th December to 2nd January 2018 in City Hall cash office building within Nairobi jointly with others not before court.

Alwora and Njoroge were also charged with obtaining money by false pretense from unsuspecting members of the public.

They denied the charges before Principal Magistrate Kenneth Cheruiyot.

The prosecution did not object to their release on bail but asked the court to set a mention date to have their case consolidated with another already before court.

Proceedings resume February 8 and hearing set for February 21 2018.

There has been a string of arrests with majority of the culprits been charged with stealing monies from the county and others such as county Askaris charged with harassing hawkers, obtaining and destroying their goods.

 

SENIOR OFFICER RENTING DCI GUNS TO CRIMINALS TO BE DETAINED TILL CASE CLOSE.

By Nairobi Times -
0
Sergeant Gabriel Rotich in charge of armory at the DCI headquarters Kiambu County before Nairobi Magistrate court.

BY NT CORRESPONDENT.

A policeman in charge of the armory at the DCI headquarters in Kiambu will spend his time in detention for the period until which his case will be concluded.

Having been the custodian of the armory keys, Gabriel Rotich is accused of renting guns to criminals.

Milimani Senior Resident Magistrate Hellen Onkwani denied the senior sergeant release on bail after the prosecution objected on Tuesday.

Rotich has denied five counts of conspiracy to commit a felony, theft of three pistols and permitting falsification of a register.

He had been granted a cash bail of Sh400,000 in a separate charge of stealing a pistol.

The prosecution objected to his release after the additional charges were raised, saying he was a flight risk and would interfere with witnesses.

In her ruling, SRM Onkwani said the prosecution’s application was valid so the accused will remain in custody until the case is heard and determined.

DETECTIVE ACCUSED OF RENTING GUNS TO CRIMINALS DETAINED.

Rotich’s lawyer George Kanyi had opposed the application saying his client would not abscond as he is a Kenyan and a police officer.

COURT CLEARS AIR WITH ORDER DIRECTING REINSTATEMENT OF NASA MPs SECURITY.

By Nairobi Times -
0
NASA Party leader Raila Odinga with Senator James Orengo and MP Peter Kaluma outside Milimani Law Courts.

BY SAM ALFAN.

The High Court in Nairobi has ordered the government to reinstate MPs gun and their security.

The court issued temporary orders pending hearing and determination of the suit the MPs filed.

The security detail was withdrawn on January 30 when 141 NASA MPs went to swear in Raila Odinga as People President of Kenya.

Despite warning that this was an illegal and treasonous act, the NASA legislators went ahead in utter defiance of the state directive and as such their security was withdrawn.

Critics argue that the legislators swore to recognise Mr Odinga as their “validly elected president” and as such confusion rages on who then should provide them with security.

Justice Roselyne Aburili also certified the matter as urgent and directed the MPs to serve the suit to all respondents.

They were also directed to appear before court in two week’s time for inter-parties hearing.

On January 30, police officers attached to the legislators’ detail received oral communication requiring them to return to their respective stations.

“SEE ME,” IG BOINNET, DCI KINOTI ORDERED BY JUDGE.

By Nairobi Times -
0
Inspector General of Police Joseph Boinnet with Director of Criminal Investigation boss George Kinoti.

BY SAM ALFAN.

IG Joseph Boinnet and DCI boss George Kinoti ordered to face Judge Luka Kimaru tomorrow morning.

Justice Kimaru said that the two top security bosses should personally present lawyer Miguna Miguna in court at 9am tomorrow, Tuesday.

Justice Luka Kimaru said the two openly acted in contempt of court even after being ordered twice to release the accused.

“From the submission presented before this court, it appears that police, in detaining the applicant, are operating outside the constitution and the law,” Kimaru said.

“To remedy the situation, this court therefore orders the Inspector General and Director of Criminal Investigations to appear and bring the applicant before me personally so that he can be dealt with in accordance with the law.”

He said the orders should be served by the director of public prosecutions.

“Or alternatively, if he (IG) wants not to come here, he should release him today,” justice Kimaru said.

The judge earlier ordered the top police chiefs to produce Miguna by 2pm, failure of which the court was to consider punishing them for contempt.

CONFUSION AS NASA MPS SUE GOVERNMENT; RAILA GOVERNMENT OR UHURU GOVERNMENT?

By Nairobi Times -
0
NASA Party leader Raila Odinga,Senator James Orengo,Ruaraka Member of Parliament T.J Kajwanga and MP Peter Kaluma speaking to journalists outside Milimani Law Courts on Monday February 5,2018/PHOTO BY S.A.N.

BY NT CORRESPONDENT.

141 NASA MPs have sued the government for taking away their firearms and security.

The state withdrew the legislators’ security over their involvement in Raila Odinga’s unofficial oath on Tuesday last week.

The MPs vowed to recognise Mr Odinga as their President and as such speculations evolved on whose government they are suing.

In the petition filed in court on Monday, the MPs say they want the court to suspend the decision until the matter is determined.

They argue that the move puts their lives at risk and curtails their constitutional function as MPs.

“On the whole, the impugned decisions are unlawful, arbitrary, irrational, unreasonable, unfair and made in bad faith.”

The legislators further argue that this is contrary to the rules of natural justice and in violation of their rightful and legitimate expectations.

The MPs claim that on January 30, police officers attached to their detail received oral communication requiring them to return to their respective stations.

According to them, the government did not and has not given reasons for the decision to withdraw their security.

“The decision solely targets members of the NASA coalition and therefore, is in bad faith, discriminatory and partisan,” they say.

“It is a violation of provisions of the constitution which entitles every person to equality and freedom of discrimination.”

Through their lawyer Peter Kaluma, the petitioners further argue that that Inspector General Joseph Boinnet did not take into account necessary and relevant considerations including the fact that the provision of security is a duly gazetted right of state officers serving in parliament.

In his affidavit filed in court, Kaluma says he was not heard before the decision to revoke his firearm was made, which is against the law.

The MPs have sued Boinnet alongside the Firearm Licensing Board and secretary Samwel Kimaru.

1...305306307...457Page 306 of 457
Nairobi Times
Powered By NTimes

POPULAR POSTS

POPULAR CATEGORY

Powered By Nairobi Times