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OMTATAH WANTS NJIRIANI OF KRA.

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Kenya Revenue Authority (KRA) commissioner general John Njiraini.

BY SAM ALFAN.

Activist Okiya Omtatah has moved to court seeking to have KRA Board stopped from extending KRA commissioner general John Njiraini tenure.

The city activist also wants the court to immediately retire Njiraini and simultaneously commence the process for recruiting and appointing a new Commissioner General for the Kenya Revenue Authority in strict compliance with the law.

He claims that the impugned intended extension of the tenure is discriminatory against all those public officials who have exited the public service upon turning 60 years of age.

Omtatah argues that from the time Njiraini turned 58 years of age, the board together with National Treasury Henry Rotich were under obligation of the law to commence the process of identifying his possible successors to enable Njiraini’s smooth exit from the service when he attains the mandatory retirement age of sixty (60) years.

Omtatah claims that Njiraini having been born on 20th December 1957, he ought to have vacated office and proceeded on the mandatory six months terminal leave pending retirement.

He further argues that he believes that Njiraini will on 19th December 2017, attain the mandatory retirement age in the public service of 60 years.

Omtatah has also faulted KRA board of directors and the Cabinet Secretary, National Treasury Henry Rotich for retaining John Karimi Njiraini in the public Service of the Kenya Revenue Authority contrary to government policy to send exiting CEOs on six months terminal leave pending their Retirement from the public service upon their attaining the age of 60 years.

“The petitioner is inviting the honorable Court to intervene and determine the constitutional and legal validity of the impugned extension of service for the Interested Party,” reads the petition.

He says that keeping the KRA boss in employment beyond the

Mandatory retirement age of 60 years for public servants will be illegal and

Unconstitutional and, therefore, invalid, null and void.

He now wants the court to prohibit the board whether by themselves, or any their employees or agents or any person claiming to act under their authority from keeping Njiraini in public employment beyond the 19th day of December 2017.

The matter was Certified urgent. Hearing of application on 30.11.2017 for further directions.

 

TOP OFFICIALS CHARGED WITH DEFRAUDING NAIROBI COUNTY SH 2 MILLION.

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Nairobi County Government cashier Anthony Omewo Oloo, Deputy Director of Parking Paul Omondi Wanga, Auditor Edwin Omondi Odera, Deputy of County Revenue Josphat Nyanchongi Abuga and 2NK Matatu Sacco Peterson Muriuki Kigotho before a Nairobi Court on Friday November 24,2017/PHOTO BY S.A.N.

BY SAM ALFAN

Five men have been charged with conspiracy to defraud Nairobi City County Government over 2 million shillings by false pretense.

According to the charges read to them by the prosecution the Nairobi County Government cashier Anthony Omewo Oloo, Deputy Director of Parking Paul Omondi Wanga, Auditor Edwin Omondi Odera, Deputy of County Revenue Josphat Nyanchongi Abuga and 2NK Matatu Sacco Peterson Muriuki Kigotho are alleged that on 7th November 2017 in Nairobi city jointly with others not before the court by false pretense they defrauded Nairobi county  2,222,850 shillings that had been paid into the revenue account number 0114123239660 held at Co-operative Bank account City hall way Branch for issuance of 609 seasonal parking tickets for public motor vehicle managed by 2NK Sacco for the month of November 2017.

The four accountants Oloo , Wanga , Odera and Abuga face another criminal count of fraudulent false accounting.

They all pleaded not guilty before Nairobi chief magistrate Francis Andayi and were released on a cash bail of 50,000 shillings each with alternative bond of 200,000 each.

The case will be heard on the 16th of January 2018.

SONKO WANTS SH 30 MILLION FROM DUO CHALLENGING HIS VICTORY.

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Nairobi Governor Mike Mbuvi Sonko with lawyer Harrison Kinyanjui outside Milimani Law Courts/PHOTO BY S.A.N.

BY SAM ALFAN.

Nairobi Governor Mike Mbuvi Sonko is demanding 30 milling shillings as cost from two petitioners who are challenging his election as the city boss.

Mr Sonko through lawyer Cecil Miller and Harrison Kinyanjui wants the election petition struck out claiming that the petition filed  by Japhet Muroko and Zacheus Okoth Oliech amounts to a gross abuse of court process, incompetent, fatally defective and ought to be dismissed.

The Nairobi governor argues that failure to add his deputy governor Polycarp Igathe as a respondent in the election petition is fatal to the petition.

In the notice of motion filed in court, Sonko says that his elections as governor cannot be separated from that of his deputy.

“My motion is therefore based on fact that I find it compelling to save the court precious judicial time and resources and to avoid unnecessary litigation beyond this court,” reads court documents

The governor says that he had assumed that the petitioners would seek to enjoin his deputy in the petition but they have failed to do so, prompting him to file the applications.

“I protest at the petitioners insidious trampling on my Deputy Governor right to be fairly heard in this petition,” says Sonko

Sonko says that there being NO name and address of service cited for the second petitioner – Zacheus Okoth Oliech in the petition, the petition stands in fatal violation of the election rules 2017.

He says that he’s persuaded that Zacheus Okoth Oliech is not a legal petitioner and a stranger having never provided his name and address of service.

He claims that there’s no prayer in the petition seeking his nullification as the Nairobi City County Governor nor is there a plea on the reversal of his election.

“It would not serve the great public interest vesting in the Nairobi County residents to proceed any further with the fatally defective petition,” claims Sonko

It is Sonko’s argument that the court ought not to continue with the hearing of the election petition since it has no basis in law adding that the trail would be an exercise in futility.

IEBC will raise preliminary objection and seek the striking out of entire petition.

“The entire petition is incompetent for failure to enjoin the deputy governor Polycarp Igathe as respondent within the mandatory of 28 days of declaration of results and violation of Deputy Governor rights to a fair hearing under Article 50 of the constitution” says IEBC.

FORMER PRESIDENT MOI’S LAND SAFE FROM NLC.

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National Land Commission Chairman Prof. Swazuri A. Muhammad.

BY NT CORRESPONDENT.

National Land Commission has been restrained from interfering with two disputed prime properties belonging to Belgo Holdings Limited which is associated with former president Moi aide Joshua Kulei.

“There shall forthwith issue an order of injunction restraining the commission, its servants, officers and agents or any person whosoever acting on behalf of the 1st Respondent from interfering in any manner whatsoever with the Petitioner’s proprietorship of disputed land,” reads the judgment.

Justice Joseph Onguto added that the properties are private land not subject to review by the commission where he restrained the commission’s officers, servants or agents from interfering with it

Belgo Company moved to court saying that its constitutional rights and fundamental freedoms are been violated by the commission.

In the matter, Belgo Company sought damages as well as restraining orders as against the National Land Commission. The company wanted NLC be prohibited from questioning its ownership and proprietary interest in the properties known as Land Reference No. 28586 and 28587.

According to the ruling, everything and everybody was quiet until 17 November 2015 when NLC placed a notification in the local daily newspapers of its intention to review various land Grants.

Parties were then invited to a hearing to review the various Grants, including the Grants of the suit property. Belgo’s advocates, however, complained to the NLC that it was abusing its powers and acting unconstitutionally.

The hearing and review had been prompted by Kihoro Self Help Group. The Group claimed to be owners of the suit property having allegedly occupied the same since the year 1971 until 2005 when they were allegedly evicted by one Armstrong Njogu.

The Petitioner also complained that the 1st Respondent is proceeding to review private land titles without any constitutional backing and minus any complaint as the basis of the review was a complaint by the Kihoro Self Help Group but which complaint had been settled by a court of law.

BID BY KRA SEEKING ACTIVIST TO DEPOSIT SECURITY IN TAX SUIT FLOPS.

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Activist Okiya Omtatah leaving high court.
BY NT REPORTER.

Kenya Revenue Authority attempt to have activist Okiya Omtatah deposit security has failed.

The activist is challenging the proposed excise stamps on bottled water, juices, soda, nonalcoholics drinks, food supplements and cosmetics that are manufactured locally or imported products.

Justice John Mativo said that public interest litigation was meant to enforce constitutional rights and a requirement for security of costs would create an unnecessary barrier to aggrieved citizens.

Further the court directed the Kenya Revenue Authority (KRA) to file responses to the petition.

Justice Mativo also declined to lift conservatory orders suspending the new taxation regulation that was to take effect from November 1 this year.

“It is not enough to plead that a court order is causing hardship. It must be demonstrated that there are justifiable grounds to warrant the court to disturb its orders,” Justice Mativo said.

The learned judge extended the sanctions he imposed on October 30 pending the outcome of the dispute.

In the case Okiya is challenging the taxman’s decision, communicated in legal notices published on June 18 and September 5, 2013, creating the Excisable Goods Management System (EGMS) without public participation and sanction by the National Assembly.

Omtatah claims that the new system will illegally and unconstitutionally expose manufacturers, importers and consumers to the burden of meeting extra production costs.

“Contrary to the requirements of the Fair Administrative Action Act 2015, the EGMS was arbitrarily imposed without public participation involving all stakeholders, including, the affected manufacturers, importers, and consumers,” Omtatah said in his petition.

KRA’s directive was to come into effect from November 1.

In a notice in September KRA had indicated that all juice, bottled water, plastic bottled sodas, food supplements, energy drinks and cosmetics manufactures and importers will need to have the excise duty stickers on their products.

Currently an estimated 186 bottled water manufacturers and 28 soft drinks and juices manufacturers licensed by the authority pay tax.

OMAN CELEBRATES 47TH NATIONAL DAY.

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Omani envoy to kenya swaleh suleiman al harthy centre is assisted by chief of defence forces general samson mwathethe left and amb tom amollo director political affairs ministry of foreign affairs to cut a cake during celebration to.mark 47th omani national day at a nairobi hotel.

BY FOREIGN CORRESPONDENT.

 

Oman Ambassador to Kenya H.E Mr. Swaleh Suleiman Al-Harthy expressed the sentiments during the occasion to mark the 47th National Day at a Nairobi Hotel.
Oman Ambassador to Kenya H.E Mr. Swaleh Suleiman Al-Harthy expressed the sentiments during the occasion to mark the 47th National Day at a Nairobi Hotel.

CBK GIVEN GREENLIGHT TO PRINT NEW MONEY.

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BY SAM ALFAN.

The High court  has declined to stop the process of opening tenders for printing new Kenya currency which is set for today.

This means Central Bank of Kenya can now go ahead and open tenders for printing new design for Kenyan Currency.

Central Bank of Kenya has accused De La Rue for not disclosing all material and facts before the court.

It is grounds of opposition CBK says that the procurement process of currency banknotes commenced in the year 2014 following an advertisement for prequalification of suppliers for production on Banknote Origination Material and Currency printing services.

Lawyer Ochieng Oduol for CBK dismissed claims by De La Rue that the tender started in 2017.

Oduol told the court that De La Rue were not pre-qualified to tender nor invited to submit tenders or participate in the issued tender Number CBK37/2017-2018.

Oduol further submitted that the tender documents is a confidential document that is protected by section 67 of the public Procurement and Asset Disposal Act and therefore it cannot be disclosed except by an order of the court.

He claimed that the petitioners illegally obtained the tender Document in breach of the CBK right to privacy and the privacy of its communication with the pre-qualified tenders under Article 31 of the Constitution.

“The production of the Tender Document is in violation of sections 35 and 80 of the Evidence Act and is inadmissible as evidence in the present proceedings, “argues Oduol

The documents filed at the court CBK claim that the petitioners did not apply for pre-qualifications despite their knowledge of the same and therefore have no locus to challenge the procurement process.

CBK has asked the court to strike out the petition adding that the procurement process was fair, transparent, competitive and legal in accordance with the law.

“The respondents stands to fail to deliver on its constitutional mandate to Kenyan public, suffer serious and irreparable mandate to the Kenyan public, suffer losses, massive irreparable damage to the economy that cannot be atoned to in monetary terms,”reads court documents.

CBK says that the application filed before the court has been filed in gross abuse and that the currency printing tender process is security sensitive and strictly bound.

In the case Currency printing firms De LA Rue and De LA Rue Kenya EPZ Ltd moved to court challenging the Central Bank move of inviting tenders from foreign firms to print the new design Kenyan currency.

In the petition, they want the court to stop the tendering process pending determination of the case on grounds that the move will lead to irreparable harm to the local industry

They have accused the CBK of unlawfully restricting the tender process to foreign entities in violation of mandatory requirements guiding the procurement process.

They further argued that there is an increased national security risk in allowing the tender to proceed in its current form without due consideration given to the benefit of local production as well as destruction of the old notes.

De La Rue Kenya CEO, Ian Davies, argues that the law requires all public bodies including CBK to conduct a procurement process that is fair, equitable, transparent, and competitive and cost-effectiveness,” Davies said.

AG WANTS GOVERNOR PREVENTED FROM STOPPING ARREST.

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Taita Taveta Governor Granton Samboja who is seeking to stop his arrest and prosecution.
BY CORRESPONDENT.

Attorney General has asked the court to dismiss petition by Taita Taveta Governor Granton Samboja seeking to stop his arrest and prosecution over academic credentials forgery allegations.

AG together with  Inspector of General of the National Police Service in their grounds of opposition say that EACC has at all times acted within its respective constitutional and statutory mandate and the orders sought by Samboja are untenable as the petitioner has not sufficiently demonstrated with precision how the respondents has breached the constitution or any statute.

Further they say that  it within their  constitutional and legal mandate of to investigate and facilitate the prosecution of any acts of corruption, bribery , economic crimes violation of codes of ethics or other matters prescribed in the EACC act or any other law.

“This is not a proper case which the court ought to bring the anti-corruption proceedings to a halt since the petitioner will be afforded an opportunity to defend themselves, cross examine witnesses and adduce evidence in support of their case during trial and that’s the cause that the case ought to take.

Similarly they claim that Samboja’s attempt to seek courts help to halt or interfere with the lawful discharge of duties is in bad faith and meant to interfere with the legal bestowed upon the DPP.

“That the petition is misconceived, incompetent and bad in law and the orders sought by Granton Samboja are not tenable against the respondents,”

DPP is investigating Samboja on allegations that the governor does not possess the requisite academic qualifications and is suspected to have forged certificates and submitted false declaration during the 2017 General Election. The DPP argues that the investigations conducted by EACC are within their mandate and they have not violated any right of the governor.

Samboja has however maintained that he adhered to the law while vying for the electoral post as a candidate for the position of governor which he claims it indicated a clean bill of health from the electoral body as to his educational qualification.

He says that EACC actions are politically motivate and that there are external forces interfering with the investigations.

He wants the court to stop EACC and DPP stopped from investigating and prosecuting him over his academic qualifications.

RAILA BID FOR WAIGURU LIFESTYLE AUDIT DISMISSED.

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Kirinyaga Governor Ann Waiguru/FILE PHOTO.

BY NT CORRESPONDENT.

Blow to opposition  leader Raila Odinga after losing his bid to have  Kirinyaga Governor Anne Waiguru reveal her  lifestyle audit.

Justice Joseph Sergon dismissed the  application saying it lacked merit.

The learned judge said though the former Devolution CS has not responded fully to the queries demanded by Raila, the explanation she gave was satisfactory.

In the case Devolution Cabinet Secretary Ann Waiguru sued Cord Leader Raila Odinga through MohammedMuigai law firm over utterances in two public meetings linking her to the 791 million Shillings scandal at the National Youth Service (NYS).

Waiguru said that Odinga’s utterances over her alleged involvement in the scandal were false and defamatory and portrayed her as a common thief, an embezzler of public funds, corrupt in the extreme, a flagrant law breaker and unfit to hold public office.

Then, the former Prime Minister  released a dossier  alleging how   the state agency lost millions of shillings under the watch of the  former CS .

Raila, in the dossier claimed President Uhuru failed to include her name on the list of shame, which saw several senior government officials including CSs lose their jobs.

Immediately she filed the case, Raila asked a list of interrogatories,(questions) among them, Waiguru’s lifestyle audit.

She responded to the queries but Raila was not satisfied.

Raila had  sought among other issues her basic salary, allowances , a list of properties she owned including houses and cars and had also sought to find out how much they are worth.

The NASA leader thereafter filed another application accusing Waiguru of failing to respond to questions that would enable him defend the defamation suit.

The Kirinyaga Governor then accused Raila of fishing for evidence.

In the ruling, Justice Sergon said it cannot be said that Waiguru has outrightly refused to answer to the queries.

“I am satisfied the plaintiff respondent to the interrogatories in accordance with the provisions of section 22 (a) of the civil procedure act and Order 11 rules 3 Caps 2 of the civil procedure rules,” the Judge said.

He added that Waiguru had given reasons for not answering some of the demands, which she deemed unnecessary and irrelevant.

The Judge added that he was  satisfied that Waiguru responded to the interrogatories in accordance with the law.

In the case ,the Governor   wants Raila found liable as his assertions that she was aware of theft at the NYS meant she used her position to engage in corruption.

FORMER ASPIRANT CHARGED WITH IMPERSONATION.

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Patrick Ochieng Odipo before a Nairobi Anti-Corruption Court where he pleaded not guilty to impersonation charges.

BY NT REPORTER.

Amani Congress aspirant for Suna East constituency has been charged with impersonation.

It is alleged in the month of March 1994 Patrick Ochieng Odipo within the republic of Kenya , he presented to Kenya police Kenya Certificate of Secondary Education result slip from Sunghor Secondary School which had been issued to Ochieng Patrick of Index number 71028/001 by the Kenya National Examination Council and represented himself to be said Ochieng Patrick.

Odipo is also accused that 27 of June this year at EACC offices in Nairobi knowingly deceived Ethics and Anti-Corruption Commission investigators Pius Dhiwa and Jackline Makena that he had a Kenya Secondary Examination Certificate from Songhor Secondary School and Kenya Primary School Certificate from Middoti Primary school the fact he knew is force.

Similarly Odipo is accused of providing false information to EACC officers this year at the integrity centre in Nairobi.

Mr Odipo is also accused  of impersonation by presenting another person Secondary School Certificate to Presbyterian University of East Africa which was issued by Kenya National Examination Council to Ochieng Patrick.

Partrick faces three more charges.

He pleaded not guilty before Nairobi Anti-Corruption Senior Principal Magistrate Lawrence Mugambi .

He was released on a cash bail of of 300,000 shillings and a bond of 1 million shillings.

 

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