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SCHOOL GIRL TO BE PAID MILLIONS AFTER BEING STRIPPED BY POLICE.

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High Court Judge John Mativo who has awarded 4 million to a girl was stripped naked by police as they searched for drugs.

BY SAM ALFAN.

A school girl whose nude photos were circulated on social media during a police search has been awarded Sh4 million.

The girl was stripped naked by police as they searched for drugs.

The girl was among a group of students whose school bus was intercepted by police on Karatina Road on August 5, 2015 after members of the public informed the police that the bus was playing loud music and the children appeared intoxicated.

The police stopped the vehicle and conducted a thorough search and found bhang hidden in the girl’s undergarments.

The school girl was charged in court the following day, where she pleaded guilty and was sentenced to 18 months probation.

Human rights defenders took up the case after photos of the search were circulated on social media.

Justice John Mativo said the photographing and publication of her photos was harmful as it invaded her privacy and lowered her dignity.

“I conclude that the search was illegal in that it violated the provisions of the Children’s Act, Article 53 of the Constitution, the right to dignity and not be subjected to degrading treatment and international conventions protecting the rights of children and statutory provisions governing police conduct while searching women,” the Judge said.

The court in addition said it was wrong for the two female cops to search the girl in front of other students and male officers.

Although the Judge said it was difficult to quantify the amount to be paid to the girl, he said Sh4 million would be reasonable.

The Judge, however declined to quash her conviction saying she should have appealed against the sentence or ask for a review.

COURT ORDERS RECOUNT IN MANDERA SENATORIAL PETITION.

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Economic Freedom Party Noor Hassan (left) Noor,accompanied by politician Hassan Osman, leaves milimani law courts/FILE PHOTO.

BY SAM ALFAN.

High Court has ordered scrutiny and recount of votes in 11 polling stations in Mandera County for Mandera Senatorial position.

This is after successful application by Hassan Aden Osman who was contesting for Mandera senator.

Justice Francis Tuiyott directed the recount of Ado Saden,Lanquara,Al-Hidaya Primary school,Olla Primary School, Kubi Primary, Olla Primary school(2), Garsey Primary School (1), Morothile Primary School, Kalicha,Primary school,Korma Adow Polling station and Sarman Primary School

Justice Tuiyott said in respect to Korma Adow polling station shall extend to the reading of the logs and Coordinate of the KIEMS KIT to establish whether voting took place at the Gazetted location.

” ICT officers from IEBC shall assist in this exercise under the direction of Deputy Registrar” said Toiyott.

The judge further ordered recounts to be supervised by the deputy Registrar of the commercial and Tax Division of High Court at Milimani Court.

Each of the parties shall appoint a minimum of 3 agents during every course of the exercise..

The Deputy Registrar shall file her report by 15 of January.

Aden Osman who garnered 62,769 against Muhamud’s 71890 claims that the election was marred by massive irregularities.

Osman wants the election Mahamud nullified and a fresh election on the senatorial seat conducted in Mandera.

In the petition filed at Milimani Law Courts, the petitioner claims that there were discrepancies in figures entered in forms 38A and 37B.

Osman is seeking the court to have IEBC give log in a trail of users and equipment into their servers and Log in a trail of users into the KIEMS database management systems.

Osman filed the petition soon after the Mandera Gubernatorial aspirant Hassan Noir filed his seeking a repeat of the gubernatorial seat of Mandera.

Noor also argues that the gubernatorial elections were marred with irregularities as most of the voters who are illiterate in the area were misled during voting.

Both further added that some of the residents were turned away without having cast their vote.

FORMER KITUI GOVERNOR “SON” ARRESTED FOR CAUSING UNREST AT COURT.

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Governor Charity Ngilu explains to AP inspector outside a courtroom at Milimani Law Courts on Thursday December 14,2017/PHOTO BY S.A.N.
BY NT CORRESPONDENT.

Former Kitui Governor Julius Malombe’s alleged son Robert Malombe has been arrested for causing mayhem outside court.

This is following a heated disagreement with supporters of now Governor Charity Ngilu.

It is alleged that Robert and others created disturbance at Milimani law courts during the hearing of the petition where Malombe was being cross-examined by Ngilu lawyer Kioko Kilukumi.

Court orderlies had to intervene after they became rowdy.

Justice Pauline Nyamweya directed that only 15 persons from both parties will be allowed to attend court proceedings.

Robert is said to have attacked Kitui County Chief of Staff Crispus Ileli who was taken to Capitol Hill police station to record a statement.

Three other people were also arrested. By the time of this publication, NairobiTimez was informed the four were released on a police bond of 5000.

Former Kitui Governor Julius Malombe had earlier told the court that there were some instances where some of his agents were not allowed into the polling stations.

While supporting his petition before the high court yesterday, Malobe said that some of the votes counted in favor of Governor Charity Ngilu were never cast.

“There was vote staffing during the August 8 elections but my agents will appear before the court to give their testimony,” said Malombe.

In most of the polling stations, the ballots boxes were deliberately delayed where most of the stations were not accessible.

“When some women went to vote they were told that they already voted and were not able to vote,” said Malombe.

He told the court that the voter turnout was 73 percent which was a huge turnout .

Malombe said that the results that were displayed on the IEBC portal were not corroborated.

PROTECT ME, LAWYER ASKS COURT AFTER POLICE RAID HIS HOME.

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Lawyer Ham Kiplimo Langat/PHOTO COURTESY.

BY NT CRIME REPORTER.

A lawyer says his life is in danger after he testified in an election petition challenging Governor Alfred Mutua’s win.

Lawyer Ham Kiplimo Langat told the court that after he gave the testimony at Machakos Law Courts at around 1900 hours Jonah Kirui alias Persius Hunter together with flying squad members from Chumvi police station stormed into his residence dangerously armed and harassed him.

He has filed an application seeking orders restraining the police from harassing him.

Through lawyer Obat Wasonga, Langat said that while armed with sophisticated guns, the police blocked his wife, stormed to his bed room, and took pictures of premises and kids and warned the family that he will face dire consequences for testifying in court.

Langat claims that since yesterday together with his family they have suffered a lot of psychological torture as a result of the police illegal actions which remains a source of mental anguish and psychological trauma.

“Since then my client has not been able to attend to his client’s court cases and the acts of the police officers are unconstitutional,” said Wasonga.

Langat says that unless the court intervenes there is great danger.

“Article 28 of the constitution provides for the human dignity and states that every person has inherent dignity respected and protected,” said Langat.

The application comes months after lawyer Willy Kimani, his client and a taxi driver were allegedly killed by police officers.

The case is still pending conclusion.

On September 5, 2017 Langat testified in the case challenging the win of Mutua after he was commissioned on oath the supporting affidavits and witness affidavits of Wavinya Ndeti who is the petitioner.

Inspector General of Police, Jonah Kirui and IPOA are the key respondents in the petition filed at Milimani law courts.

He wants the police to be restrained from intimidating and harassing him pending the hearing and determination of the application.

CONSIDER BEFORE ORDERING A KILLING, APEX COURT SAYS.

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Two convicts Francis Karioko Muruatetu and Wilson Thirimbu Mwangi, who have been in jail for the last 14 years asked the apex court to scrap mandatory death penalty from the Kenyan law before Supreme Court on Thursday December 13,2017.

 

BY SAM ALFAN.

It is not mandatory to kill convicts, consider offence of accused, apex court has ruled.

The Supreme Court declared Section 204 of the Penal Code, which stipulates mandatory death sentence, as unconstitutional.

The court however said that the decision does not affect the validility of the death sentence.

“The mandatory nature of the death sentence as provided for under Section 204 of the Penal Code is hereby declared unconstitutional. For the avoidance of doubt, this order does not disturb the validity of the death sentence as contemplated under Article 26(3) of the Constitution,”court ruled.

Further the court directed that direct that the Judgment be placed before the Speakers of the National Assembly and the Senate, the Attorney-General, and the Kenya Law Reform Commission, , for any necessary amendments, formulation and enactment of statute law, to give effect to this judgment on the mandatory nature of the death sentence and the parameters of what ought constitute life imprisonment.

The court noted that Section 204 of the Penal Code is inconsistent with the Constitution and invalid to the extent that it provides for the mandatory death sentence for murder.

“For the avoidance of doubt, this decision does not outlaw the death penalty, which is still applicable as a discretionary maximum punishment,” reads the judgement.

The court also ruled that Convicts sentenced pursuant to Section 204  does  are not  accorded equal treatment to convicts who are sentenced under other Sections of the Penal Code that do not mandate a death sentence adding that Refusing or denying a convict facing the death sentence, to be heard in mitigation when those facing lesser sentences are allowed to be heard in mitigation is clearly unjustifiable discrimination and unfair.

“This is repugnant to the principle of equality before the law. Accordingly, Section 204 of the Penal Code violates Article 27 of the Constitution as well,” court heard.

The decision means death sentence is still lawful but not mandatory.

Murder and robbery with violence are the offences in the Kenyan criminal law that attract a death penalty.

The judgment was issued in a case in which Death row convicts Francis Karioko Muruatetu and Wilson Thirimbu Mwangi, who have been in jail for the last 14 years asked the apex court to scrap mandatory death penalty from the Kenyan law.

The supreme of Uganda through a constitution appeal number 03 of 2006 ruled that hanging is a cruel, inhuman and degrading treatment and punishment.
“I would agree with the respondents that hanging as a method of execution as it is carried out in Uganda is a cruel, inhuman and degrading treatment and punishment” ruled Egonda-Ntende Chief Justice of Uganda.

For their case the court asked the two to go back to the high for re- hearing on sentence only, on a priority basis, and in conformity with the judgment.

EALA NASA NOMINEE LIST IN LIMBO AFTER SUSPENSION ORDER.

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Wiper party leader son, Kennedy Musyoka who among nominated member to East African Legislative Assembly (NASA) post in Nairobi on May 11, 2017

BY SAM ALFAN.

Political Parties Dispute Tribunal has temporarily stopped parliament from election NASA East African Legislative Assembly(EALA) nominees until case challenging the nominnees is heard and determined.

“An interim injunction is hereby granted to halt the election of persons listed in the November Notice of motion dated 11 the December 2017 namely Oburu Odinga, Abubakar Zain , Beth Mutunga ,Fatuma Ibrahim , Loy Mwandi Maviala aAbdikadir Aden , Norman Magaya , Kennedy Musyoka , Justus Muchoge , Jane Marwa , Angela Munyasya pending hearing of this application, reads the order.

Political Parties Dispute Tribunal chairman Kyalo Mbobu has also directed that the orders filed Narok West Parliamentary loser in the last general election Jimmy Parnyumbe Luka be served by way of advertisement in a leading local daily newspaper.

The tribunal further directed that the matter be served upon the respondents and appear for inter-party hearing on 18th December 2017 at 2;30 pm .

Parnyumbe moved to the political parties Dispute Tribunal to challenge the EALA list of nominees given to the national assembly by NASA.

He argues that the list as provided by NASA did not meet the criteria set out in the constitution.

The respondents in the case include the proposed names, Clerk of the National Assembly, WIPER party, Clerk of the Senate, Amani National Congress and ODM.

From the 25 nominees, Parliament will vote for Kenya’s nine representatives. Jubilee will fill five slots and Nasa will fill four.

ELECTION LAWS SUSPENDED .

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High Court Judge Chacha Mwita who has suspended election amendment 2017.

BY SAM ALFAN.

The High Court has suspended  controversial Amended Election Laws of 2017 until a case contesting their constitutional validity is determined in March 2018.

Justice Chacha has issued the orders this evening. The laws came into force on November 2.

The judge issued the temporary after parties in the case finished submitting their case challenging the laws.

Inthe case Katiba Institute’s is challenging the implementation of the laws which were passed without the input of the opposition member’s in Parliament and the Senate.

Justice Mwita has issued the order saying “to avoid confusion on the laws which are in force, I exercise my discretion and suspended the amended election laws until the court pronounces itself on the matter before it”.

On Monday the Supreme Court declined to issue a detailed ruling on the said elections saying that the matter is still pending at the high court

Through lawyer Waikwa Wanyoike, the lobbies want a determination on whether it is proper for Parliament to pass laws engineered to specifically regulate an event that the majority party is unhappy with or is opposed to.

The amendments which were later passed into law were instigated by the decision of the top court on September 1 to nullify the August 8 presidential election results on grounds that it was massively tainted with irregularities.

ABC BANK BOSS DENIES THEFT IN COURT.

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African Banking Corporation Bank.
BY NT CORRESPONDENT.

African Banking Corporation Bank (ABC) manager Ben Musila Musyoka has been arraigned before Milimani chief magistrate court and pleaded not guilty to stealing over 27million shillings from the said bank.

Musyoka who is the manager clearing department I the said bank is alleged that between 1January 2015 and 13 April 2016 at African Banking Corporation Head Office being employed by the said bank as a manager he stole 27,447,131,000 shillings the property of the said bank.

He However pleaded not guilty before Nairobi chief magistrate Francis Andayi.

He was released on a cash bail of 2million.

The matter will be heard on on January 18, 2018 and mention Dec 27 this year.

PATIENT WHO SHOT NURSE TO SPEND CHRISTMAS IN JAIL.

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Joseph Njoroge Mungai is accused of killing Faustine Mwadilo Mwadime on the evening of December 6 at the Chiromo Lane Medical Centre in Nairobi's Westland’s area before a Nairobi high Criminal division on Monday December 11,2017/PHOTO BY S.A.N.
BY NT REPORTER.

A patient who shot a nurse dead at a private clinic in Nairobi last week will remain in police custody for 14 days.

This is after the prosecution applied to have him remanded saying that he has to undergo mental assessment before the accused takes plea.

Joseph Njoroge Mungai is accused of killing Faustine Mwadilo Mwadime on the evening of December 6 at the Chiromo Lane Medical Centre in Nairobi’s Westland’s area.

“The accused cannot be granted bail at this juncture, to remain detained for 14 days,” said the judge Jessy Lessit

Through his lawyer Cliff Ombeta, the suspect had pleaded with the court temporary freedom before he pleads to the charge of murder.

“This is a person who can be granted bail and the mentally assessment done while he’s out,” argued Ombeta

The application was however opposed by state counsel Catherine Mwaniki who asked Ombeta to formally apply for bail.

Mwaniki said that the accused must be tested before he answer to the charges adding that it is a procedure that must be followed.

“We are not saying that that he’s mentally ill but that’s the procedure he must be examined before taking plea, ”said Mwaniki

The case will be mentioned on December 27 for further directions.

EACC BEHIND MY PAPERS WOES, SENATOR MITHIKA LINTURI.

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Embattled Meru Senator Mithika Linturi

BY SAM ALFAN.

Meru Senator Mithika Linturi says that the EACC is behind his fake papers saga.

The senator has challenged a decision by the university to revoke a degree he acquired there.

The consequence of the revocation stopped his pursuit for a masters degree in law at the same university.

It is alleged that he presented fake papers to acquire admission.

Linturi says that his tribulations started way back during the campaign period when his political opponents Milton Mugambi Imanyara and then Meru Governor Peter Munya swore that they would do anything to ensure that his name was not in the ballot box for the 8th August general elections.

He claims that the political war was taken over by EACC.

Through lawyer Prof Tom Ojienda, Linturi says that he was summoned by EACC to appear before it for investigations on the 30th of May 2017.

“EACC had conclusively investigated the allegations that Linturi self-declaration forms for 2013 elections filed with IEBC were falsified,”reads court papers.

According to Linturi he was admitted at the University of Nairobi on 3rd January 2014 and was positioned to graduate on 22nd of this month with a Bachelors of Laws Degree.

However on 30th of November just 21 days to his confirmed graduation while watching news he learnt with shock that the University had deregistered him for allegedly having fake degree from Dr. Babasaheb Ambedkar Marathwada University.

He now wants the court to quash the decision dated November 30 by University if Nairobi to deregister and discontinue him as its student.

Similarly, he wants the University compelled to reinstate his name in the graduation list for December 22 this year.

He says that if the orders are not granted then he will not be able to graduate.

Linturi says that UoN failed to inform him in writing that it was investigating his degree from Dr. Babasaheb Ambedkar Marathwada University with the aim of deregistering him as a student in violation of Article 47 of the constitution.

He says that it was illegal, unreasonable and an utter show of bad faith for UON to de-register the applicant without conducting its own independent investigations informing him and at the very least affording him his right to be heard.

He claims that the actions of UoN tell of nothing but a public body that has allowed itself to be used illegally by the EACC in an utter unapologetic show of abuse of power to harass, intimidate and violate his rights to education.

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