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ANNOUNCE RESULTS WITHOUT NYANZA COUNTIES VOTE, MP RUNS TO COURT.

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Starehe Mp Charles Kanyi Njagua who want court to order IEBX to declare results without results from Nyanza four counties.

 

BY SAM ALFAN.

Starehe Mp Charles Kanyi Njagua wants the court to order IEBC to declare results without the results from the four Nyanza Counties.

In a certificate of urgency filed at the Mililani law court the legislator claims that the repeat election to be held tomorrow in the four counties-Migori,Homabay,Kisumu and Siaya Counties will lead to a confusion on the issue of when the seven days upon which a declaration of the results ought to be made.

It is Njagua, arguments that by insisting on conducting the elections in the four counties where voters have openly indicated that they shall not participate in the voting and instead thwart the same, IEBC threatens to violate his rights and the rights of other voters.

He avers that there is a real danger and possibility that the same intentional situation may reoccur tomorrow and land the entire county into crisis.

In the same court, an SDA church member Hesbon Omollo has also moved to the High Court seeking to stop the poll, saying that it was wrong to reschedule it on a Sabbath day.

He argued that holding elections on that day would disrupt their worship and church activities and thereby violate their constitutional right and freedoms of worship.

“I am apprehensive that the political climate in the four counties is tense with a high likelihood of violent chaos that will potentially cause deaths, injuries, shedding of blood and destruction of property. This would have the effect of desecrating a Sabbath, a day that the SDA faithful hold dear,” Mr Omollo said.

Justice John Mativo directed the two matters be mentioned on Monday to address him on issue of jurisdiction

ORDER A FRESH POLL, ACTIVIST ASKS SUPREME COURT.

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Supreme Court Judges./PHOTO BY S.A.N.

 

BY SAM ALFAN.

Activist Okiya Omtata has petitioned the Supreme Court to order a fresh election within 90 days.

He filed the suit at the Supreme Court challenging the repeat presidential election held yesterday.

He wants the court to order IEBC to hold fresh presidential elections, preceded by fresh nominations.

According to Omtata the repeat presidential elections held on October 26 2017 were irregular before they were held, were invalid, null and void having been vacated by the decision of the NASA candidates to abandon them.

He also claims that the results of the repeat elections are invalid, null and void and of no consequences under the law.

“The Fresh Presidential Elections Implementation Team was being sabotaged and that was jeopardizing the IEBC ability and capacity to conduct free, fair and credible elections,” reads the petition.

Omtata avers that the effect of the NASA candidates’ abandonment of the October elections was within the law.

He further claims that IEBC decision to preside over the events of 26th October 2017 in the circumstances where its chairman Wafula Chebukati publicly denounced the process and stated that he is not in control, is a violation of Articles 73(1)

“Given that the public announcement by the 2nd respondent that he cannot guarantee free, fair and credible elections had not been withdrawn at the time the exercise on 26th October 2017 was held, makes the results he will announce untrustworthy,” argues Omtata

He wants the court to determine Whether the elections of 26th October 2017 are invalid, null and void and whether IEBC  should be ordered to conduct fresh presidential elections under Article 138 (8) (b) of the Constitution.

Directions to be given on notice as no Supreme Court judge is on duty.

290 RETURNING OFFICERS WITH THEIR PRESIDING OFFICERS ARE LEGALLY IN OFFICE, HIGHER COURT SAYS.

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Court of Appeal Lady Justice Martha Koome/FILE PHOTO.

BY SAM ALFAN

High Court Judge George Odunga’s orders will not interfere with the election or have any effect on tomorrow’s elections.

This is after the Court of Appeal overturned his decision made earlier today which sent shivers at the IEBC.

The court set aside his decision that outlawed appointment of returning and presiding officers.

Judge Odunga said that the appointments were irregular and illegal.

Justices Erastus Githingi, Martha Koome, and Fatuma Sichale granted IEBC orders to the effect that the lot is validly in office.

“For the avoidance of doubt, this order means that the constitutional and statutory functions of the returning officers and their deputies relating to the presidential election slated for October 26 are not invalid,” the order states.

Odunga, in the case by Khelef Khalifa and Hassan Abdile, had held that the electoral agency did not follow due procedures in the appointment of the ROs set to man 290 polling stations in the repeat election.

The officials have already been deployed for tomorrow’s repeat presidential poll.

However, the judge declined to cancel the election as no orders had been sought.

“Having listened to counsel and having read the motion, this court has jurisdiction to grant exparte orders in prevailing circumstances and particularly to forestall a constitutional crisis pending the inter-parties hearing,” the judges ruled.

“The impugned decision of the High Court has the potential of rendering the presidential election irregular even before they are held,” the orders read in part.

The court suspended the declaration pending hearing and determination of the appeal.

FORMER MP MWAU BID TO BLOCK TOMORROW PRESIDENTIAL ELECTION FAILS.

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Independent Electoral and Boundaries Commission (IEBC) Lawyer Wambua Kilonzo and Evans Monari after High Court dismissed case seeking to stop election on Wednesday October 25,2017.

 

BY SAM ALFAN.

High Court has struck out the petition filed by former Kilome Member of Parliament Harun Mwau seeking to stop fresh presidential elections scheduled for tomorrow.

Justice Chacha Mwita holds that matters relating to disputes on the presidential elections are the sole preserve of the Supreme Court.

“I find and hold that this Court has no jurisdiction to deal with the petition before it as the issues raised in the petition fail within the jurisdiction of the Supreme Court. Consequently, the preliminary objection succeeds and the petition dated 16 October 2017 is declined and struck out” ruled Justice Chacha.

The judge noted that, following the order if supreme that directed IEBC to hold election within 60 days and text in Article 163(7) which states that the decisions of the supreme court are binding on all other courts, the judge found that the effect of the petition is to circumvent the supreme court decision, a jurisdiction that high court doesn’t have.

The judge further pointed out that the petition didn’t seek to enforce an individual’s fundamental rights and freedom under the constitution but rather to determine the issue on nomination of presidential candidates and process leading to the election.

“It is important for this Court to remain faithful to the jurisdiction granted to it by the constitution” ruled the judge.

Mr. Mwau moved to court to stop the October 26 repeat presidential election.

In a certificate of urgency, Mwau says the election is being conducted contrary to the constitution.

He argued that after the Supreme Court nullified the August 8 presidential poll results, IEBC should have conducted fresh nominations before carrying out a fresh election.

In his petition, he sued the IEBC and its chair Wafula Chebukati.

The former Kilome MP’s case came 10 days to the repeat election.

Mr. Mwau through his lawyer claims IEBC has violated the constitution and laws applicable to presidential elections purported through Gazette Notice No 8751 Vol CXIX-No 130 purported to exempt candidates from nomination in fresh presidential elections as ordered by the Supreme Court after nullification the elections held on 8 August 2017.

He further claims they have violated Supreme Court order that fresh elections should be conducted according to the constitution and election was.

Mwau claims the commission is seeking to waive provisions of the constitution and the law which they have no power to do.

“As a matter of course, if fresh the fresh elections are allowed to proceed as the respondents intend, the supreme court, like night follows the day, will invalidate the same” the documents state.

He says the presidential elections should be conducted in accordance with the constitution due to public interest and also the effect of the elections on the economy and the strain of public resources.

“It will be unfair, unjust and it will injure public interest for the Court to allow an election to proceed other than prescribed by the constitution,” said Mwau.

Mwau wants the matter to be heard and determined expeditiously and in a timely manner and unless the inexorable illegal and unconstitutional elections proceed creating a constitutional crisis and public uncertainty.

President Uhuru Kenyatta while responding to Mwau petition dismissed assertions by former Kilome MP Harun Mwau over Thursday’s repeat Presidential polls.

He also urged the court to dismiss the suit.

President Kenyatta says that there is no basis for fresh nomination of candidates as prayed by Mwau.

The issues raised by Mwau, he said were conclusively and adequately dealt with by the Supreme Court in the 2013 election petition.

President Kenyatta says that fresh nominations are not required in an election under Article 140(3) on grounds that the constitution itself does not command fresh nomination for a fresh election.

RETURNING OFFICERS IN THE REPEAT ELECTIONS ILLEGALLY IN OFFICE, BUT COURT DECLINES TO QUASH THEIR APPOINTMENT.

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Justice George Odunga.

BY SAM ALFAN.

High Court has ruled the appointment of 290 Constituency Returning Officers, Presiding officers were illegal.

Justice George Odunga this morning at 10:30 A.M in his 64 pages judgement found that the Independent Electoral and Boundaries Commission did not follow the law while appointing the poll officials.

“The Respondent was under a constitutional and statutory obligation pursuant to Regulation 3(2) of the Elections (General) Regulations, 2012 to provide the list of persons proposed for appointment to political parties and independent candidates at least fourteen days prior to the proposed date of appointment to enable them make any representations” said Odunga.

However, the judge declined to quash the gazette notice on the appointment of the election managers.

“Since there is no prayer seeking either the cancellation of the fresh elections due for 26th October, 2017 or their postponement, it would not be efficacious to grant the orders

herein in the manner sought” ruled Odunga.

The judge also declined to issue the orders sought to avoid sensitising the matter.

“Therefore without sanitising the said process, I decline to issue the reliefs sought herein in the exercise of my discretion not based on lack of merit, but on public interest” the judge ruled.

The judge further said IEBC did not provide the list of persons proposed for appointment to political parties and independent candidates at least fourteen days prior to the proposed date of appointment to enable them make any representations.

The case dated 19th October, 2017 was filed by Khelef Khalifa and Hassan Abdi Abdille who are public spirited

citizens and defenders of human rights seek an order to quashed a decision of the Respondent communicated  in the Kenya Gazette Notice 9977 Vol. CXIX, dated the 12th October 2017 titled Appointment of Constituency and Deputy Constituency Returning.

According to the two, the Respondent has made a decision by IEBC was done in bad faith and breach of the Constitution and the law has proceeded to purport to make the appointments of constituency and deputy constituency returning officers without following the laid down.

The two argued that the commission had acted unconstitutional since members of political parties, political parties and independent candidates were not  accorded an opportunity to make representations on persons to be appointed constituency and deputy constituency returning officers for the purposes of the 26th October 2017 fresh elections as required under the law.

In their view, the persons purported to be appointed through the impugned Notice cannot purport to conduct constituency elections in the constituencies, their purported appointment having been done in an illegal manner that is contrary to express provisions of the law.

They argued that the process leading to the impugned decision is illegal, procedurally unfair.

Justice Odunga noted Judgement is delivered despite today being a public holiday in pursuant to the authority of the Hon. The Chief Justice Ref. CJ/90 dated 24th October, 2017.

The case was filed by Mr Khelef Khalifa, the director at Muslim for Human Rights, who is also part of the team seeking to stop the Thursday repeat presidential election at the Supreme Court.

Notice of Appeal that has been filed to challenge Justice George Odunga decision.
Notice of Appeal that has been filed to challenge Justice George Odunga decision.

IEBC has filed a notice of appeal seeking to challenge Justice George Odunga ruling on returning officers.

According to the notice,IEBC says that it is dissatisfied with the judgement and wishes to appeal to the court of appeal.

Judge Odunga while declaring the appointment of the returning officers and their deputies illegal,declined to quash the gazette notice.

IEBC has filed a notice of appeal seeking to challenge Justice George Odunga ruling on returning officers.

According to the notice, IEBC says that it is dissatisfied with the judgment and wishes to appeal to the court of appeal.

Judge Odunga while declaring the appointment of the returning officers and their deputies illegal, declined to quash the gazette notice.

ORDER IEBC TO GIVE FRESH REPEAT PRESIDENTIAL ELECTION DATE, VOTERS PLEAD WITH SUPREME COURT.

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Lawyer Harun Ndubi for Khelef khalia, samweul monochi and Gacheke Gachihi who have filed a petition seeking to stop elections scheduled for October 26,2017.

BY SAM ALFAN.

Stop the repeat presidential election, order IEBC to make fresh election date, voters ask Supreme Court.

The three voter say that the IEBC is not prepared to conduct the election and threats to their employees may prejudice the voting process.

Khelef khalia, samweul monochi  and Gacheke Gachihi claim that there exist active subbotage and frustration of the fresh election.

They say that IEBC lacks the ability and capacity to conduct a free, fair and credible election.

“IEBC appears unable to take administrative action against its servants, staff members whose actions contributed to the invalidation and nullification of the presidential election,” they say.

In the petition they argue that in as much as the election might technically logistically and operationally be prepared for the fresh election, the election is more than logistics and operations and the political environment and confidence by Kenyans is key.

They further argue that the withdrawal of Raila Odinga and Kalonzo Musyoka triggered the vacation of the fresh presidential election by operation of law.

They thus want the court to compel IEBC to ensure strict compliance to the law to ensure free, fair and credible election as stipulated in the law.

They are also seeking an order compelling IEBC to conduct fresh nominations and issue a notice of a new election date.

COURT SUSPENDS IMPORTATION OF DUTY FREE SUGAR.

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Sugar at port of Mombasa.

BY SAM ALFAN.

The High Court has stopped importation of duty free sugar.

This gives local sugar millers a lifeline to sell their stock pending hearing and determination of the suit.

Activist Okiya Omtatah challenged the duty free waiver issued by National Treasury on October 4 allowing millers to import sugar into the country.

Mr Omtatah says the waiver is arbitrarily imposed without public participation involving all stakeholders including the affected local sugar industry.

Imported sugar has been retailing at a lower price than locally produced.

Currently the wholesale price for imported sugar is averaging Sh3,600 per 50 kilogram bag whereas factory price for local manufacturers is between Sh4,000 and Sh4,400.

MELI YA WATALII KUTOKA OMAN YAWASILI MOMBASA.

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Waziri wa Utalii Najib Balala akiwapokea watalii.

BY REPORTER.

Meli  ya kifahari iliyo na raia 500 wa oman imetia nanga katika bandari ya mombasa  kwenye hatua ambayo imewasisimua watu katika sekta ya utalii huku kukiwa na mihemko ya kisiasa ambayo imeathiri uchumi wa nchi hii.

Waziri wa mafuta na gesi wa oman Dkt .Mohammed Al Rumahir anasema ziara hiyo inanuia kimaisha sekta ya utalii nchini humo napia kuimarisha uhuino kati ya nchi hizi mbili.

Ujumbe uliokuwa na msisimuko ,ukiongozwa na waziri wa utalii Najib Balala na naibu gavana wa kauti  ya Mombasa William Kingi ulikuweo bandarini kuwakaribisha wageni.

Waziri Balala alikariri haja ya kuleta uthabiti hapa nchini kutokana na zogo la kisiasa  linajiri kwa sasa ambalo linaathiri uchumi hii, pia waliokuwepo ni balozi wa oman hapa nchini salah ulaiman Al harti na balozi wa Kenya nchini oman Sheikh mohammed Dor .

 

POLITICIAN FROM SIAYA WANTS COURT TO STOP ELECTION DISRUPTION PLANS.

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Siaya Governor Cornel Rasanga.

BY SAM ALFAN.

A politician from Ugenya want Siaya Governor and his agents stopped from disrupting Thursday Presidential Election.

Stephen Okoth Mwanga wants his Governor Cornell Rasanga stopped from hindering the election.

He also wants the court to restrain the governor from threatening, blocking, interfering and frustrating voters from accessing polling station.

He argues that Rasanga and other agents working with him are on record stating that he will refuse and reject, harm and violently stop the petitioner and his followers from voting.

Okoth is the Jubilee Party Coordinator in Siaya and Kisumu Counties.

EX-LUGARI MP CYRUS JIRONGO COULD RUN IN THURSDAY PRESIDENTIAL ELECTION.

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Former Lugari Member of Parliament Cyrus Jirongo lawyer Ken Kiplagat making submissions before Justice Olga Sewe.

BY SAM ALFAN.

Cyrus Jirongo is a happy man after the high court suspended a bankruptcy order against him.

This could mean that Mr. Jirongo can contest for the presidency.

The bankruptcy order was out of a Sh700 million debt he owed a former confidant.

“Accordingly, the orders that that commend themselves to me are orders allowing the application dated 16 of October 2017,pursuant to section 26 of the Insolvency Act, No. 18 of 2015 , pending the hearing and determination of HCCC NO. 228 of 2014. It is further ordered that a copy of the court ruling in HCCC NI. 228 of 2014 be filed herein for completeness of the record” ruled the judge.

Justice Olga Sewe also stopped businessman Sammy Kogo from executing the decree against Jirongo, pending the hearing of the dispute.

The order was granted on September 29.

Jirongo told the court that he was not served with the petition that led to the judgment.

Jirongo had secured a loan from National Bank of Kenya using properties belonging to Kogo, a confidant, but he failed to repay the loan.

Jirongo had 180 days to repay the money.

Businessman Kogo has 14 days to file a response to Jirongo’s suit.