Blog Page 317

MAN WHO KILLED GOVERNOR MUTUA COUSIN TO HANG.

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Machakos Governer Dr Alfred Mutua who a young man accused of killing his cousin was sentenced to death by a Nairobi court today.
BY SAM ALFAN.
A young man accused of killing a relative of Machakos Governor Dr Alfred Mutua during a robbery with violence at Golden Gate in South B in Nairobi County was today sentenced to death by a Nairobi court.
Senior Principal Magistrate Charity Oluoch convicted the accused Daniel Kihungi Njeri, alias Daddy, saying he was properly identified by witnesses during police parade as one of the armed gang who violently robbed Daniel Kyalo Mwanzo on March 21, 2013 at Golden Gate in South B.
While passing sentence the magistrate said that one of the victims Lawyer Monica Wanjiru had positively identified the accused as one who was armed with a gun during the robbery.
During evidence in chief Wanjiru had told the court she was the first victim of the three man gang that killed Mwanzo on March 21, 2013 at Golden Gate in South B.
The lawyer told the court that she identified the accused at the police parade and also in the court during the trial of Mr Daniel Kihungi Njeri, alias Daddy, who is charged with attempted robbery and
killing Mr Mwanzo at Golden Gate, South B.
She said the gunmen commandeered her car before getting involved in an accident and later shot Mr Mwanzo dead as she watched.
The lawyer said she was returning home from work at around 6pm and she was about to drive into her compound when three men attacked her at the gate.
The thugs, she said, were all armed with pistols and was banging on the sides of her car before one of them yanked a side door open and ordered her to the back seat but she refused and was punched on the nose.
She said her phone was snatched and a gang-member went for the car key which was still lodged in the ignition chamber.
The witness said she managed to escape and saw them start the car and attempt to speed off, but it rolled in the middle of the road and they all got out.
Ms Wanjiru said a white car approached and the thugs tried to stop it, but the driver sped off shortly before a Range Rover appeared and the driver slowed down.
“The men pointed guns at the driver and told him to stop,” the witness said. She said she heard gunshots and saw the vehicle accelerate before it hit a wall.
Investigating Officer Mr John Shegu in his final evidence in the case said on the material day he and other police officers were called to rushed at the scene of robbery. He said they took the deceased to Mata Hospital where he was pronounced dead on arrival.

DCJ RAWAL AGAINST HER RETIREMENT.

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DEPUTY CJ KALPANA RAWAL FILES CASE (5)
Deputy Chief Justice Kalpana Rawal Lawyer s Kioko Kilukumi and George Oraro leaving Milimani law courts after they were directed to serve Judicial Service Commission in an application DCJ is challenging her retirement notice to take effect on 2016 on  Monday September 14,2015.
BY SAM ALFAN.
Deputy Chief Justice Kalpana Rawal has filed a petition in the high court challenging the of Judicial Service Commission to issue her retirement notice to take effect on 2016.
Justice Rawal says that the communication by JSC through a notice and advertisement in local newspapers over the weekend is arbitrary, illegal and unconstitutional.
Through her lawyer Kioko Kilukumi and George Oraro, told Justice Isaac Lenaola, that the Judicial Service Commission has violated section 3(1) of the sixth schedule to the constitution by choosing to retire her after attainment of the 70 years.
She has also sued the secretary to the JSC who issued the communication an placed an advertisement in Sunday Standard of 13 September 2015.
She will be asking the court when the matter comes for inter parties on Wednesday 16, that a declaration be issued to JSC effectively it has no constitutional and statutory role in the allocation of judicial duties to individual judges and cannot therefore purport to issue notice for reticent.
Kilukumi told the court that the judges will application for an order to quash both notice and advertisement declaring her position vacant come the 2016.
Rawal will turn 70 year in 2016, she is Vice President of the supreme court, was appointed as commissioners of Assize on 2 June1999 and thereafter a judge of the high court Under section 62 of the repealed constitution.
The JSC served the Justice Rawal with the notice to retire on the 1st of September 2015 and went on to advertise the position in local dailies five days later.
In a letter dated September 10, Justice Rawal said: “The issue of the retirement age for judges who were serving as at the date of the promulgation of the 2010 constitution has been the subject of debate.”
“By letter dated May 24, 2011, the JSC informed all judges that by virtue of Section 31(1) of the Sixth Schedule of the constitution, the tenure of the judges who had served under the old constitution their retirement age would be maintained at 74 years,’ the letter further stated.
Faced with a possible constitutional crisis over judges’ retirement age, the JSC last week stopped all judges who have attained the age of 70 from presiding over any case.
JSC also issued the notice to the Chief Justice Dr.Willy Mutunga who is expected to retire next year when he attains the age of 70.

KIAMBA FRAUD CASE BEGINS TOMORROW.

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Former Nairobi Chief Finance officer Jimmy Mutuku Kiamba  at Milimani law courts anti-corruption court during the hearing of a corruption case he’s  charged for stealing Sh17 million.
BY SAM ALFAN.
The hearing of the corruption case against former Nairobi County Government chief accountant Jimmy Mutuku Kiamba and other four officials will start tomorrow before the Nairobi Anti-corruption court.
The trial was supposed to start today at Milimani law court before the Anti-corruption Chief Magistrate Kennedy Bindari but the third accused lawyer made an application seeking the matter to be adjourned since he had an high court hearing.
Mr Bindari adjourned the matter and directed the case to be heard tomorrow.
Prosecution was ready with two key witnesses in court. One witness is expected to take the stand tomorrow when the trial starts.
The officials allegedly committed the offense on diverse dates between November 1, 2013 and December 3, 2014 at the City Hall within Nairobi County.
The County Secretary who had earlier been charged faced another count of making payment from the public revenue for goods not supplied contrary to the law.
Wanjiru was accused that on October 30, 2014 at the City Hall, She fraudulently made payment from public revenue of Sh 750,000 to Regina Chepkemoi Rotich.
She allegedly signed a Cheque for the purpose of the stationery to the Department of finance of the Nairobi County Government and the goods were not supplied.
The officials faced several other charges of the abuse of the office contrary to the law. The defence Counsel applied for lenient bond terms and copies of the witness statements.
This was after lawyer Ochieng Ogutu who represented Waithera said the investigation started three months ago and the accused has been co-operating with the police.
“My client presented herself to the investigation officers and was released on Sh 100,000 cash bail,” he said.
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Another Lawyer Hirary Kago who represented Wanjiru, said his client is not of fright risk because she is still a public officer and a mother as well.
“The County Secretary has a fixture board. She is a public officer who is innocent until proven guilty and also a mother,” he added.
He requested the court that the accused phones be released because they had been confiscated by the Investigation Officers. The lawyer also applied for copies of witness statements and favorable bond terms.
The prosecution did not oppose their application for bail but said their mobile phones will be required for imaging purposes and will be released later.
They urged the court to grant the accused the cash bail that will ensure that they attend court for the proceedings.
The prosecution applied that the warrant be issued for some of the accused who were not in court for plea taking on grounds that efforts are being made to trace them.
While delivering the ruling for bail terms application the magistrate said he had considered the application for both the defense and the prosecution.
He ordered that the Counsels for the County Government be supplied with copies of the witness statements.
They were released on Sh 2 million cash bail each or alternative bond of Sh 5 million and one surety of similar amount.
Ethics and Anti-Corruption Commission cracked the whip on five top Nairobi County Government officials alleged to have stolen Sh17 million.
The officers were the first to be charged with corruption few days after President Uhuru Kenyatta released the list of shame to the National Assembly.
The Anti-Corruption Magistrate’s court in Nairobi lifted a warrant of arrest issued against two top county officers, moments after three of their colleagues- County Secretary Lilian Wanjiru Ndegwa, Chepkemoi Rotich and Nancy Waithera-took plea.
The two Chief Finance officer Jimmy Mutuku Kiamba and Stephen Ogaga Osiro on Monday appeared before a Milimani senior principal magistrate Peter Ndwiga and denied the charges.
The warrant which was issued last week was lifted after the medical report documents were released at the court.
Defence lawyers told the court that the accused could not take plea last week because they were unwell.
They were accused of stealing the money from the county imprests’ account held at Cooperative.
The matter will be heard tomorrow.

S.SUDAN VOWS TO ENSURE LOOMING SANCTIONS AGAINST INDIVIDUALS OBSTRUCTING PEACE DEAL ARE DROPPED.

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South Sudan Minister of Information, Barnaba Marial Benjamin speaks to journalists in Nairobi, Kenya, Monday, April 2, 2012. The government of South Sudan says it is not satisfied with the mediation role of the African Union in resolving its disputes with Sudan. South Sudan Government spokesman Barnaba said Monday that South Sudan is disappointed by a report by the AU to the U.N. Security Council that he said portrayed South Sudan as the aggressor in the hostilities between the two countries. (AP Photo/Khalil Senosi)

 South Sudan’s foreign affairs minister Barnaba Marial Benjamin speaks to journalists in Nairobi, Kenya, Monday, April 2, 2012. The government of South Sudan says it is not satisfied with the mediation role of the African Union in resolving its disputes with Sudan.

BY OUR REPORTER.

South Sudanese government said it will continue engaging the international community to ensure threats of sanctions against individuals allegedly obstructing the peace deal it signed with the armed opposition are dropped.

The country’s foreign affairs minister, Barnaba Marial Benjamin exclusively told Sudan Tribune Saturday that the world “deliberately” ignored what caused of the ongoing conflict, but were at the forefront of pushing for sanctions.

“We say the war was a result of the failed coup attempt but the world pays no attention to these important narratives and they decided to impose peace.                                                  They have been talking of sanctions which you know will not affect very much the ordinary people.” he said.

“We said no and because the government and particularly president Salva Kiir does not want people to continue to bear the brunt of a senseless war, he decided to sign the peace accord”, he added.

Marial thanked the Russian government for pledging to support South Sudan in the implementation of the recently signed peace agreement and the need to prioritize dialogue, instead of sanctions.

“Our friends have unfortunately turned their backs against us and are now the one spearheading negative campaigns for sanctions.

We have pleaded with them to help us address these differences through peaceful dialogue but they seem to have made up their minds and determined to not listen to us anymore but we will not give up,” explained the South Sudanese foreign affairs minister.

He however stressed that the world’s youngest nation would continue to dialogue with other nations to enhance bilateral relations.

“Our relationships with countries such as the United States of America and its people are historical. We also long history of relationship with Russia. We are not just starting”, further said Marial.

The Sudanese and South Sudanese foreign affairs ministers have teamed up in calling on the Russian Federation to reject the looming sanctions likely to be imposed on South Sudan by the United Nations Security Council (UNSC).

The UN has drafted a US-led sanction to be imposed on any party that will be seen to be against implementation of the peace deal signed on 17 and 26 August by the two parties.

PRESIDENTS WILL NOT ENJOY TAXPAYERS MILLIONS FOLLOWING A COURT DECISION THAT OUTLAWED A LEGISLATION GIVING THEM A ‘HEAVY’ SENDOFF PACKAGE WITH A MONTHLY PENSION AMONG OTHER ALLOWANCES.

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2015-09-12_22.41.03 Justice Isaac Lenaola who ruled bill asserted by former President Mwai Kibaki giving retired presidents millions and monthly allowances as illegal.

BY SAM ALFAN.

14 days to the end of former President Mwai Kibaki’s term, he assented into law a legislation requiring that retired presidents be given a hefty pay of Sh16.8 million, a Sh560,000 monthly pension and allowances totaling Sh13 million annually.

The law also included a package for the Deputy President and Designated State Officers, which would have given MPs Sh9.3 million send-off benefits.

According to the court, the entire legislation is void because law makers did not consult the Salaries and Remuneration Commission (SRC) when drafting and enacting the Presidential Retirement Benefits (Amendment) Act No. 9 of 2013.

Justice Isaac Lenaola found that the National Assembly did not follow the law requiring SRC to be involved when issues of remuneration and retirement of State officers are involved.

President Uhuru Kenyatta however declined to sign it into law the bill citing inconsistencies.

Enforcement of the law would have made taxpayers part with at least Sh2 billion yearly.

“To my mind, however, while I do not question the legislative power of the National Assembly, I am certain that the law mandated it to seek the input of the SRC as it is the body mandated in reviewing the salaries and remuneration of State officers including the pension of a retired President. It ought at the very least to have obtained its recommendation or consult it before embarking on its legislative mandate,” Justice Lenaola said on Friday.

“This Court does not therefore have any other option but to fault the Presidential Retirement Benefits (Amendment) Act for the failure of Parliament to involve the SRC,” he added.

The sendoff package was initially contained in amendments to the Finance Bill 2012, but the law makers pulled it into The Retirement Benefits (Deputy President and Designated State Officers) Bill 2012 last week after the first rejection.  In this, the

The legislation caused uproar among Kenyans and also prompted the Kenya National Human Rights Commission to sue the Attorney General and President Kibaki, saying the law as assented was inconsistent with the Constitution.

TNA SECRETARY TOLD TO EITHER SERVE THE PARTY OR OTHER BOSS.

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The National Alliance party (TNA) secretary General Onyango Oloo with party chairman Johnston Sakanja.

BY SAM ALFAN.

The National Alliance party (TNA) Secretary General Onyango Oloo, has to choose between serving as the party’s executive or resign as a Parastatal Chairman.

A court ruling on the matter on Friday 11, 2015 said that a State Officer cannot hold a Public and Political Office at the same time.

Mr Justice Isaac Lenaola stated that Oloo cannot be the Chairman of Lake Basin Development Authority and head TNA at the same time.

This is following a move by a member of his party who sought his disqualification for holding two Public offices.

Rodgers Mogaka argued that since Oloo was appointed as the chairman of the Lake Basin Development Authority by President Kenyatta through gazette notice of December 23 last year, he is not qualified to remain as the TNA secretary general.

Mr Mogaka moved to court on Monday seeking orders to have Mr Oloo removed as the TNA Secretary General on grounds that he is also a state officer.

Mr Mogaka claimed that holding the two positions concurrently is in contravention with Article 77 of the constitution as well as the political party’s Act.

His lawyer Peter Langat told court that TNA may face deregistration due to failure to comply with both the Constitution as well as the Political Parties Act.

Justice Lenaola had earlier declined to grant the order sought and only certified the application as urgent.

MUGO WA WAIRIMU DETAINED FOR 14DAYS TO ALLOW POLICE COMPLETE INVESTIGATIONS.

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2015-09-11_14.12.06Mugo wa Wairimu at Milimani law court after police were allowed to detain him for 14 days to complete investigations.

BY SAM ALFAN.
Mugo wa Wairimu who is the owner of a clinic linked to a video showing a man raping an unconscious woman has been detained for 14 days to allow police complete investigations.
Mugo appeared before the Nairobi Senior Principal Magistrate Charity Alouch where police applied for the accused to detain for 30 days saying police are yet to complete investigation on extraction of mobile records, from Communication Authority of Kenya, cyber crime and Medical practioners and Dentist Board.
“The depth investigations to be carried out requires extraction of mobile phone records, phone details and records from the known telephone service provider” says investigation officer in his affidavit.
However ,in her ruling SPM Alouch declined to grant 30 days sought by the investigators and directed the accused to be remanded for 14 days in a police station within Nairobi area.
His lawyer Peter Macharia did not oppose police application to detain his client due to security reasons but opposed the detention of 30 days saying 30 days were too much.
‘My client has been tried in the court of public opinion he’s not assured of his own security” said Lawyer Macharia.
“The offences are alleged to have taken place for a long period of time and victims are in numbers and police need more time to interrogate them” Said Jacinta Nyamosi.
They said the accused was arrested on 10 of September in Limuru Gitungo Hotel, Kiambu County and time within which to conduct investigations is not adequate.
Police further said they needed more time to search two premises where the alleged offences are alleged to have taken place.
“As soon as the matter was aired by the media the accused went missing” Said Jacinta.
Police also in their affidavit said they have not yet obtained statement from accused and the the normal formalities.
“Detailed forensic examinations of the various “clinics” that were being operated by Mugo wa Wairimu and hence the investigations are incomplete” Said the investigating officer.
They further to the court that based on the investigations and several leads being followed up by their team of investigations requires an additional thirty days to compete the investigations.
The matter to be mentioned on 25 September for further directions.
Mr Mugo wa Wairimu was arrested on Thursday in Limuru, Administration Police Commander Stephen Ndegwa said.
Mr Ndegwa said the man was arrested at a hotel in Limuru while taking tea.
Mr Mugo Wa Wairimu posted on his Facebook page that he was in “the hands of Tigoni police”.
His post read: “Unbowed. Safely in the hands of Tigoni police”.
Kenyans took their frustrations to social media on Wednesday, asking the police to speed up the arrest, with some saying the police were being lenient on him.
The founder of Okoa Dada Kenya, Ms Diana Okello, expressed her dissatisfaction with the way police were handling the matter and threatened to mobilise women to demonstrate if the man was not arrested within 48 hours.
The video recorded using a hidden camera was broadcast on Citizen TV during prime time news on Sunday night.
According to the TV report, the video was recorded at the Prestige Health Care clinic in Githurai 44. The clinic is run by Mr Mugo. A medical board said he is not a qualified gynecologist.
The video showed a woman on a doctor’s examination table and a man undressing before climbing onto the table and engaging in sex with the sedated woman.

HEALTH CS STOPPED FROM CONDUCTING RECOUNT.

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Health Cabinet Secretary James Macharia who has been stopped together with registrar Nursing Council of Kenya from conducting a recount of officials of the council, pending the hearing and determination of application challenging the action.
BY SAM ALFAN.
High court has stopped Health Cabinet Secretary and Registrar Nursing Council of Kenya from conducting a recount of officials of the council, pending the hearing and determination of application challenging the action.
Justice Joseph Onguto, said that the planned recount of votes that is to take place September 11 for the officials of the Council is halted until a determination of judicial review application is made by the court.
The judge said the applicant Lucy Kawira Gitonga, has shown that the CS is contravention of the law having refused to gazette member of the Council who duly elected.
Justice Onguto directed that the main application for judicial review be filed within ten days and leave granted should operate has stay of action by the CS.
The applicant through lawyer Alfred Nyandieka, told the court that the CS had ordered for the recount of votes, despite having received the elections results fro the term commencing 2015 for gazettement on July 20.
” The continued delay in gazettement has happened the operations of the Nursing Council which oversee functions affecting the both nurses and midwives in the country”, the lawyer told the court.
Mr Nyandieka said that CS and registrar nursing council of Kenya through improper delegates and in response to the demand by the board members elect now authorized an illegal recount of votes that intended to remove the duly elected members
The lawyer told the court, that the applicant was elected to board and result forwarded by the returning officer for gazettement as required by law.
The court heard that according to the election timetable and the Council practice, the board elect members ought to have been gazetted by August 14, but the same has not been done.

FAMILY JAILED FOR 418 YEARS

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A couple and their daughter, originally from Trinidad, have been jailed in the United States for a total of 418 years, for conning 19 Caribbean immigrants out of more than $1.8 million.

In a sentence handed down by a court in Queens, New York on Wednesday, Shane Ramsundar, 52, wife Gomatee, 48, and daughter Stantal, 23, were described by the judge as “the most despicable gang of criminals to ever sit in front of me.”

“You and I know that if you did this fraud and paraded and strutted around in front of your own people, in your own country, you probably would have all been hacked to death,” Holder told the family, which hails from Trinidad. “But not in this country. Now it’s your time to hear your return on your investment for your crime,” the judge said.

Shane Ramsundar received the maximum 235-year sentence. His wife was sentenced to 153 years and daughter 30 years.

The three were found guilty last November of grand larceny.

Prosecutors said that Shane Ramsundar told immigrants that he could get their names or terror watch lists, or prevent their deportation by getting then green cards.

Assistant District Attorney Catherine Kane said: “They stole from their own, people afraid of reporting to the police, terrified of being deported back to a place where they had no one to go home to”.

One of the victims was an immigrant suffering with multiple sclerosis who gave the family $43,000 after being told by the family of con artists that at he was about to be deported.

Ramsundar also fooled immigrants into believing that he could get them cheap housing.

Prosecutors said that the family used some of the money to buy cars, expensive hand bags, a $2,700 Yorkie dog and go on shopping sprees.

FORMER KANU MP TO PAY SH500, 000 FOR HIS RELEASE.

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KANU CASE (2)
KANU Secretary General Nick Salat (left) and lawyer Valentine Ataka leaves Milimani law courts after the high court ordered the release of a former cabinet minister John Cheruiyot from prison where he is serving a six month civil jail for failing to pay a debt of ksh 2.3 million on Thursday September 10,2015..
BY SAM ALFAN.
High court has ordered former co-operative minister John Cheruiyot to deposit Sh 500,000 bond to secure his release from prison and be able to pursue the appeal against the sentence of failing to pay a debt of Sh 2.3 million.
Justice Roselyn Aburili gave the tough conditions which include placing a similar surety.
The judge said upon release he should deposit a bond of Sh 3 million in court.
Justice Aburili further said that appeal before the appellate court should be prosecuted within twelve months.
The court was persuaded by Cheruiyot’s lawyer Mr Valentine Ataka, that the family has made an offer of Sh 1 million as part the settlement of the debt owed a businessman Anthony Lang’o Odhiambo.
The politician was arrested August 22 following the execution of a warrant issued against him on January 6 requiring him to honor a decree in favor of the businessman who had printed and delivered 50,000 Kanu paper caps to Cheruiyot in November 1994.
An interlocutory judgment had been slapped against Cheruiyot on January 26, 1998 for failure to enter appearance and defence in the civil suit filed by Lang’o in 1997.
The businessman had explained how Cheruiyot had ordered the paper caps on June 16, 1994 at a cost of Sh12/50 each and paid him with a personal cheque of Sh60, 000.
Cheruiyot had reportedly issued a cheque for Sh10, 000 but it bounced and the balance of Sh565, 000 was never settled. The outstanding debt had accrued Sh1, 660,264 in interest.
The aggrieved businessman had initially sued Cheruiyot alongside former Kanu Chairman, Wilson Ndolo Ayah, former Secretary General, the late Joseph Kamotho and the treasurer, Japheth Lijoodi, but trio were removed from the proceedings by the court.
Nairobi Senior Principal Magistrate, Martha Mutuku while passing the sentence, dismissed an assertion by Cheruiyot that he had suffered a series of misfortunes and could not make good his promises to settle his indebtedness.
“It is not enough for him to state that he is ready and willing to pay the debt without any offer. The plaintiff is also entitled to enjoy the fruits of his judgment,” she pointed out.
The magistrate observed that Cheruiyot had promised to pay on December 15, 2012 but did not fulfill his obligation.
“Cheruiyot has not shown any commitment at all to honor the debt despite the numerous times he has been accommodated by the court. I hereby order that he be committed to civil jail for a period of six months,” Mutuku said in her ruling.