BY FOREIGN CORRESPONDENT.
OMAN CELEBRATES 47TH NATIONAL DAY.
CBK GIVEN GREENLIGHT TO PRINT NEW MONEY.
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.
RAILA BID FOR WAIGURU LIFESTYLE AUDIT DISMISSED.
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.
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.
A NAIROBI HOSPITAL GIVEN SEVEN DAYS TO FURNISH LORD DELAMERE FAMILY WITH DECEASED SON TOM CHOLMONDERY MEDICAL RECORDS.
BY SAM ALFAN.
The family of Lord Delamere has been allowed to acquire medical records to ascertain the death of their kin Tom Cholmonderey.
M.P Shah Hospital should give those medical within seven days.
In a consent filed in court, Hugh George Cholmondeley, Fifth Baron of Lord Delamere has been appointed as the next of kin to the late Thomas Patrick Gilbert Cholmondeley for the purposes of the case he sued the hospital.
“Within 7 days from the date of filing this consent, the respondents do provide Lord Delamere with the requisite application for the release of a certified copy of the deceased medical report file,” reads the consent.
Following the consent high court judge Chacha Mwita agreed to withdraw the case.
Cholmondeley’s father had sued the hospital over failure to provide him with his late son’s health records has made him unable to administer the deceased’s estate which is at risk of wasting away.
Cholmondeley died on August 17, 2016 while undergoing treatment at the hospital after undergoing a hip replacement.
Among the documents the father wanted the hospital compelled to give him included the deceased’s medical history as recorded, pre-operative cause received, the operation and activities that took place in the operating theatre.
MP YUSUF RETAINS HIS KAMKUNJI SEAT AFTER HEATED CONTEST IN COURT.
BY SAM ALFAN.
High Court has struck out petition challenging the victory of Kamukuji Member of Parliament Yusuf Hassan Abdi.
This is after the petitioner Ibrahim Ahmed failed to deposit security of 500,000 shillings as required by the constitution.
The petitioner was also slapped with a cost of 2 million shillings.
“In view of fact that the parties had prepared for the hearing of the petition and the fact that the actual hearing did not take place, this court caps the costs to be paid to the respondents of 2,000,000 shillings,” ruled Judge Luka Kimaru
The requirement for the deposit of security for costs is mandatory as provided in the constitution. The court noted that the constitution does not give a petitioner who has not deposited the requisite security for costs leeway to choose when to pay the security for costs.
The petitioner had argued that he made an effort to pay the said deposit but was unware that the cheque that he had deposited had been returned for lack of funds in his account.
Judge Luka Kimaru however dismissed the explanation saying that it is not persuasive. The court noted that it was the petitioner duty- Ibrahim Ahmed duty to make sure that his account had sufficient funds.
“Requirement for the deposit for security of costs is a substantive legal requirement and is not a procedural technicality that this court can excuse or election time to enable compliance to be made,” reads the riling.
In the case area Member of Parliament had asked the court to dismiss the election petition saying that failure by the petitioner to make the deposit for security cost within the stipulated time of 10 days after the filing of the petition renders the petition fatally defective and unstainable.
STAREHE MP ‘JAGUAR’ DISMISSES ALLEGATIONS BY RIVAL.
BY SAM ALFAN.
I won fair and square, Starehe Member of Parliament Charles Kanyi Njagua has told the court.
Njagua also told the court that he won the election without manipulation as alleged by his bitter opponent Steve Mbogo.
While testifying in the election petition, Njagua told Justice Fred Ochieng that the final votes tallied represented the will of Starehe voters.
The legislator disputed claims that voting went on in some polling stations when it was already dark despite the fact that that there was no light.
He also dismissed claims that some presiding officers were signing election forms before counting the votes.
He said that if there were any mistakes which he doubts there were, then they could be attributed to human errors.
Njagua said that the people voted him, he combed Starehe Constituency persuading voters to vote for him and that is how he emerged the winner with an overwhelming majority.
Earlier, Mbogo had told the court that he was attacked and his agent stabbed.
He said he was denied entrance at some polling stations and claimed that there was massive ballot stuffing by Njagua.
He asked the court to order fresh elections for Starehe Parliamentary seat by IEBC.
Hearing continues Friday.
GOVERNOR SONKO THWART KIDERO BID TO JOIN PETITION CHALLENGING HIS VICTORY.
BY SAM ALFAN.
The High court has declined to enjoin former Nairobi Governor Evans Kidero in an election petition challenging the election of Mike Mbuvi Sonko.
Justice Msagha Mbogholi dismissed the application with costs saying it was misconceived and lacked merit and thus it cannot be allowed without resultant in justice to Sonko.
“There is a studious silence why the applicant did not take the opportunity provided by the law to file a petition within the directives set by law, he lost that chance and in my considered view the present application is an ingenious attempt to advance the course whose doors have been shut,” ruled the Judge.
Justice Mbogholi stated that to allow the application will amount to amending the law and the discretion of the court cannot come to his aid.
The Judge also noted that Kidero had admitted that he intends to call additional evidence including witnesses to support the allegations to challenge the election in the question.
“This goes outside what the petitions sets out and allowing the application will prejudice the overriding objective which this court is enjoined to uphold,” he said.
According to the Judge, participation of an interested party should not amount to introduction of new course all together.
He stated that the issues to be determined by the court will remain the issues presented by the principal parties or framed by the court from the pleadings and submissions from the interested parties.
According to the Judge, one of the principals for admissions of an interested party is that such a party must demonstrate that he or she has a stake in the matter before the court but the stake cannot take the form of an altogether a new issue to be introduced before the court.
“Any interested party who signals that he or she intends to steer the court towards the consideration of those new issues cannot therefore be allowed. The reasonable conclusion is that the application must fail and is accordingly dismissed with costs to the respondents to be agreed and if not to be taxed by the taxing master,” he ruled.
Kidero through lawyer Tom Ojienda wanted to be enjoined in the suit claiming that his aim to help the court to arrive to a better finding on the Nairobi gubernatorial elections that they were undertaken in accordance with the law.
The application was opposed by Sonko’s lawyers Cecil Miller and Harrison Kinyanjui and also IEBC.
Through his lawyers Harrison Kinyanjui and Cecil Miller, Governor Sonko told High Court Judge Msagha Mbogholi that the application is an afterthought and a backdoor application to challenge his election.
“Nothing stopped Kidero from filing the application or election petition within the prescribed time,” lawyer Kinyanjui said.
Lawyer Cecil Miller also questioned the motive behind ex-governor Kidero’s move to file the application 52 days after Sonko declaration which is outside the stipulated timelines to file election petitions.
The main petition will heard on 28, 29 and 30 November.
MAHAKAMA YA TUPILIA MBALI KESI ILIYOPINGA UCHANGUZI KWA GAVANA MVURYA.
MWANDISHI WA KAUNTI.
Mahakama kuu ya Mombasa imetupilia mbali kesi iliowasilishwa na mmoja wa wapiga kura kutoka kwale kupinga uchaguzi wa Gavana wa Kwale Salim Mvurya.
Jaji Mugure Thande amefutilia mbali kesi hio iliowasilishwa na Mwamlole Tchappu Mbwana kwa misingi kuwa naibu gavana wa Mvurya Fatma Achani hakujumuishwa kwenye kesi hio
Wakili wa mlalamishi hatahivyo ameapa kukata rufaa kufuatia uamuzi huo akisema kuwa Jaji Thande hakutumia kipengele chochote cha sheria katika kuitupilia mbali kesi hiyo akisema kwamba Fatuma Achani alichaguliwa na Mvury na wala sio wananchi.
Mbali na kutojumuishwa na naibu gavana huyo mahakama pia imetoa sababu yakuwa stakabadhi za kesi hazikuonyesha tarehe ambapo matokeo hayo yalitangazwa rasmi wala Salim Mvurya kutangazwa mshindi kama gavana wa Kwale.
Hiyo ilivyoendeshwa na uamuzi huo kutolewa katika kipindi cha siku tatu zijazo ili akate rufaa katika kipindi cha siku 14 zijazo.
Jaji mugure Thande amemuamuru Mbwana kulipa kima cha shilingi milioni 2.5 kama gharama ya kesi hiyo.
