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KENYA AIRWAYS ORDERED TO REINSTATE FORMER FINANCE DIRECTOR.

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Employment Labor and Relations Lady Justice Monica Mbaru who ordered Kenya Airways to reinstate its former Financial Director.

BY SAM ALFAN

The High Court has ordered Kenya Airways to reinstate its former Financial Director.

The court ruled that the dismissal of Mr Alex Mbugua should be reversed.

Justice Monica Mbaru said that Mr Mbugua was sacked unfairly and directed a compensation amount of 12 months salary from lost gross salary due from January 19, 2016.

Lady Justice Mbaru said that Mr Mbugua should report back to work on November 13 in the same position.

“I find no justifiable reasons to deny the claimant primary remedy of reinstatement as such shall redress all unfairness against him being taken off his position, he ought to have been maintained as at January 19 last year,” Mbaru said.

Mbugua claimed that he was sacked for raising the red flag on suspicious ticketing and suggesting a review of the airline’s deal with Dutch KLM.

Mbugua was dismissed for raising the red flag over irregular ticketing practices in some overseas stations such as London, and for recommending a review of KQ’s relationship with Dutch national carrier, KLM.

In the dismissal Mr Mbugua was accused of underperformance.

Kenya Airways had additionally accused Mr Mbugua of intentionally skipping an urgent performance review meeting before the human resources committee on January 18, 2016 which was conceived as insubordination hence his sacking.

ACCUSED GIVEN GREEN LIGHT TO ATTEND DAUGHTER’S WEDDING.

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City tycoon Mohan Galot and his wife Santosh Galot at Milimani law courts when they appeared before chief magistrate Francis Andayi for the hearing of their application to be exempted from the hearing of a 22 counts case of forgery and fraud charges against them on Monday November 6,2017/PHOTO BY S.A.N.

BY REPORTER.

City tycoon Mohan Galot and his wife Santosh have been allowed to go to Dubai to attend their daughter’s wedding.

They were temporarily dispensed from appearing for the mentions of the fraud case they are facing at Milimani Law Courts.

They appeared before Chief Magistrate Francis Andayi yesterday and asked that they be allowed to attend last born daughter’s wedding in Dubai on November 20, 2017.

Their lawyer Prof Tom Ojienda told the court that the accused are not a flight risk as they have co-operated with the orders of the court before in other matters.

Prof Ojienda said that his clients will not be able to attend court hearing scheduled for November 8, 2017 as they are required to prepare for the wedding.

“The couple will return back to the country at the end of the year after the wedding,” said prof Ojienda.

“The preparation for the wedding requires at least two weeks according to Indian Customs,” lawyer Karathe Wandugi appearing with Prof Ojienda said.

The tycoon and his wife, Santosh Galot, have been charged with forgery claims touching on alleged transfer of a prime property belonging to the Galot family business empire, without consensus of other directors.

They were charged with 22 counts of fraud after the high court overturned magistrate’s decision not to charge the tycoon on September 3, 2017.

The matter will be heard on November 8, 2017 in the absence of the two.

DR EKURU AUKOT REJECTS CASE AGAINST PRESIDENT ELECT UHURU KENYATTA.

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Lawyer Elias Mutuma with Thirdway Alliance Party leader Ekuru Aukot leaving Milimani Law Court after High Court orders his inclusion in the October 26 elections/FILE PHOTO BY S.A.N.

BY NT CORRESPONDENT.

Third Way Alliance Ekuru Aukot wants cases questioning Uhuru Kenyatta’s election dismissed.

Dr Aukot filed a preliminary objection saying that the case filed by activist Okiya Omtatah is not in the right court.

He claims that the Supreme Court has no jurisdiction to hear and determine the petition as currently framed and instituted.

“The petition offends the mandatory provisions of the supreme court Act, the supreme court rules and the Supreme Court (presidential Elections Petitions) Rules 2017 hence the same is untenable and liable to striking out,” argues Dr Aukot.

Through his lawyer Elius Mutuma, Aukot claims that if Omtata was dissatisfied with the election he ought to have moved the court properly in accordance with the supreme court which he has not done.

He asked the court to dismiss the petition.

Dr Aukot says that Kenyans were not unlawfully or unjustifiably denied the right to participate in the election process so that they can claim that their rights were arbitrarily infringed upon by the respondents as to warrant a cause of action against them.

AIRTEL FIGHTS GOVERNMENT OVER LICENSE FEES.

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Airtel Kenya Limited headquarter in Nairobi.

BY SAM ALFAN.

Airtel Kenya has asked the court to stop the government from demanding additional license fees.

The mobile telephony company has asked the high court to quash a demand by Communication Authority of Kenya over a Sh2 billion licence fee balance.

Airtel also wants the court to direct that their trading terms be concluded and no further demands should be sent to them by the government.

Senior Counsel Fred Ngatia representing Airtel company told Justice George Odunga that CA had gone silent for two years after Airtel completed paying the licence.

SC Ngatia sais that after the long silence, CA wrote a letter demanding for the money through the National Treasury.

“CA had debts to settle that was why they started demanding for the money almost two years after paying Sh5.4 billion licence fee and the matter,” Ngatia said.

He accused the regulator of seeking a waiver through  the public national treasury which should not be allowed.

In response to the allegations Communication Authority asked the court to dismiss the application by Airtel.

They said that Airtel has to apply for a license renewal regardless of any other parties.

CA added that Airtel was aware of the renewal licence fee as Essar had only one frequency licence.

“CA was only asking for the balance of licence fee but Airtel forwarded a letter with numerous changes and it is not their mandate to set terms and conditions”, the court heard.

The authority further objected to the telephony assumptions of a waiver saying that they were not looking for a waiver and the Treasury Cabinet Secretary  is the one who could waive any new entity, and such waivers can only be granted with authorization through an Act of Parliament.

Last month Aritel accused the regulator of dishonouring the agreement that led to the firm purchasing Yu Mobile by disclosing a demand for $20.025 million (Sh2.06 billion) in spectrum fees after the acquisition.

Airtel insists that the CA had promised to merge its operating licences with the ones it purchased from Yu Mobile in 2014 for the $6.976 million (Sh718 million) it paid to acquire the rival firm.

Airtel claims that its newly-acquired licences are due to expire on January 27, 2025 but shortly after it paid the Sh718 million in December 2014, the CA shifted goalposts and demanded an additional Sh2.06 billion as a condition for renewing its operating permits.

The telecoms operator say it would have abandoned the Yu Mobile deal had the regulator disclosed it would demand separate spectrum fees of Sh2 billion.

But Airtel in court documents said both the spectrum and operating licence are merged under the current licensing regime and that the CA did not disclose that the two had been split while negotiating the Yu mobile deal.

Justice Odunga to deliver the ruling on December 18.

MOTORIST HIT TRAFFIC OFFICER OVER ILLICIT AFFAIR WITH HIS WIFE, PRESS TOLD.

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Geoffrey Sungura Wekesa seen on camera hitting a traffic officer before a Nairobi Court on Monday November 6,2017/PHOTO BY S.A.N.

BY NT CORRESPONDENT.

A man seen on camera hitting a traffic officer has denied the act and instead accused the victim of having an affair with his wife.

To add salt to injury, the officer attached to Makongeni Police Station was transferred to far end of Kenya in Turkana.

Geoffrey Sungura Wekesa appeared before Milimani Chief  Magistrate   Francis Andayi where he was charged for the attempted murder of officer Henry Kemboi.

He is accused that on 24th October this year, he intentionally and unlawfully attempted to cause the death of Henry Kemboi by hitting and injuring him using a Motor vehicle registration number KAR 045G  a Toyota Saloon car Silver colour.

After appearing before the magistrate, a source confided in journalists that the officer he hit had been having an affair with his wife.

He said, he got wound of the information that Kemboi had a love affair with his wife.

“He caught them in the act. Information given to the media was incomplete. He does not work with the Department of immigration but runs a Consultancy firm,”

“This issue is about infidelity on the part of the accused’s wife,” he alleged.

His lawyer Wakiaga Semekia asked the court for lenient bond terms saying that Wekesa ‘s wife left him after the incident.

“I would like to ask this court for reasonable bond terms as my client has been left to look after his children after his wife left him,” he said.

Wekesa denied the charges and was set free on a Sh1 million bond with a surety of the same amount or pay a cash bail of Sh500,000.

ELECTRICITY OF 4.2 MILLION KENYANS COULD BE DISRUPTED, KPLC TOLD COURT.

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Kenya Power and Lighting Company .

BY SAM ALFAN.

Kenya Power and Lighting Company should pay over half a billion shillings it owes the city county.

They moved to court seeking to have Nairobi County Government stopped from clamping its premises.

The dispute arises from nonpayment of more than Sh605 million debt for poles and way leave charges.

Justice John Mativo dismissed their petition saying they failed to demonstrate that the alleged impugned legal notice violates sections of the constitution.

The judge declined to grant the reliefs sought in the petition and dismissed it with no orders as to costs.

KPLC told the court that the county government of Nairobi had threatened to barricade its premises with a truck full of garbage.

They said that if the county proceeded with the intended clamping and impounding of their vehicles, electricity supply to their 4.2 million customers would be largely affected.

KPLC claimed that it is not liable to pay any charges to Nairobi county government on amount of poles or way leaves as demanded and if there are any sums due to the County government they should be borne exclusively by the National Government.

Nairobi county defended the legal notice insisting that under the Act, it is mandated to demand and impose rents, fees or charges in respect of any person or matters within its jurisdiction.

The county also denied exceeding its powers under the Act to control and take care of all public streets and road reserves within its area.

DAGORETI NORTH MP SIMBA ARATI GETS PROTECTION FROM COURT.

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Dagoreti North MP Simba Arati .

BY SAM ALFAN.

A Nairobi Court has barred the police from arresting Dagoreti North MP Simba Arati who is accused of fueling tribal clashes in Kawangware.

The legislator got a temporary reprieve after pleading with the court that there was an imminent threat of his arrest.

Mr Arati was accused by Kawangware residents as being the instigator of the violence, destruction of property and breach of peace.

He told the court today that he was in hospital when he saw on media and his social networks the unrest in his constituency.

High Court judge Chacha Mwita found reason to intervene saying that indeed Arati is hospitalized and arresting him will be a violation of his fundamental rights.

Thereby second term MP said the impending arrest is arbitrarily, unlawful and malicious and an abuse of police powers, office and the due process of the law.

He told the court that he has not been questioned or investigated for the intended arrest on the pretext that the he is the instigator of the state of unrest, destruction of property and breach of peace experienced at Kawagware area.

“I am being sort for by police who have tirelessly and continuously been visiting and calling the hospital, my home, constituency office and my favorite social spots,” he claims.

Arati however said that he will cooperate with the police and court on any investigations to the best of his ability.

“The applicant as well undertakes to produce himself in court or to the police station as and when directed by this court, “he said.

Mr Arati also wants the court to grant him anticipatory bail pending arrest and charge if any.

He claims that on October 27 2017 at around 5pm while at the hospital bed, he learnt of the unrest and turbulence within Dagoretti North Constituency.

“Owing to my immobility at that time, I used social media to try and reach out to my supporter’s calling for peace and harmony amongst all my constituents,” he says.

PAY UP, BARINGO COUNTY ORDERED TO SETTLE LAWYER FEES RUNNING TO MILLIONS.

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City lawyer Donald Kipkorir leaving Milimani Law Court after Justice John Mativo ordered Baringo County Government to pay him more than 17.5. million legal fee.

BY SAM ALFAN.

The High Court in Nairobi has ordered Baringo County Government to pay City lawyer Donald Kipkorir firm over Sh17.5 million as legal fees.

Justice John Mativo dismissed an application filed by the county government seeking to set aside the taxation if bills costs entered on June 2017

Billionaire Lawyer Kipkorir on the April 8, 2015, represented Baringo County in a boundary tussle with Turkana County Government.

He claims that he proceeded to act for the county till the completion of the trial and delivery of the judgment in favour of Baringo County.

Kipkorir says that Baringo County would have lost Tiaty Constituency to their neighbours Turkana County.

A decision over the fees was entered by Justice John Mativo requiring the county to honour the agreement of Sh17,570,907.08 plus interest at court rates from the date of taxation.

http://www.ktk.co.ke/our-team/advocates-profile/donald-b.-kipkorir.html

On the other hand, Baringo County said that the instruction fees being claimed by the lawyer were highly exaggerated and as such requested for a review.

The judge observed that Baringo County Government failed to demonstrate that the circulation of instruction fees based on the alleged value of the subject matter was erroneous and was not based on any discretionary powers vested on the taxing master.

“When it comes to instruction fees, there is discretionary power to take into account the subject matter of the suit, the complexity of the matter and the amount of work invested in handling the suit for the taxing master to award a reasonable fee ”  ruled Mativo J.

Baringo County Government filed application seeking orders to set aside judgment entered in favor of KTK Advocate award the prestigious law firm 17.5 million plus interests.

FORMER GOVERNOR DR EVANS KIDERO WANTS GOVERNOR MIKE SONKO’S ELECTION NULLIFIED.

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Nairobi Governor Mike Sonko lawyers Harrison Kinyanjui, Cecil Miller (center) outside a courtroom at Milimani Law courts.

 

BY SAM ALFAN.

Former Nairobi Governor Dr. Evans Kidero wants to be enjoined in a case seeking to overturn Governor Mike Mbuvi Sonko’s election.

Dr. Kidero says that there are glaring anomalies in the forms which make the elections questionable.

“Some forms had multiple anomalies, others lacked poll station tallies while some did not have security features,” he says.

Meanwhile, the hearing of the main petition will be on 28, 29 and 30th of this month.

High Court Judge Mbogholi Msagha asked the parties to file all their responses and appear before him to highlight their submissions.

“Be consent hearing of petition shall be 28, 29 and 30 and 4, 5, 6 of December 2017,” said Justice Mbogholi Msagha .

A total of 29 witnesses are expected to testify in the petition.

The petitioner Japheth Moroko has 4 witnesses, IEBC will call 23 witnesses and Sonko will have two witnesses to defend his election.

RAILA ‘SABOTAGE’ OF ELECTION IS TREASONOUS, SUPREME COURT TOLD.

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Pokot South Member of Parliament David Pkosing with his Kiambu Town counterpart Jude Njomo leaving Milimani Law Court on October 2,2017/PHOTO BY S.A.N.

BY SAM ALFAN.

Raila Odinga and his running mate Kalonzo Musyoka violated the Supreme Court order, MP tells judges.

Pokot South MP David Pkosing filed contempt of court proceedings against the NASA flag bearer and his running mate seeking a declaration that their failure to participate in last week’s presidential repeat poll was unlawful.

According to the MP NASA was trying to sabotage the exercise.

He said it was treasonous and a political scheme to establish a government without complying with Constitution.

Pkosing says that NASA threats over the elections were unlawful, subversive and treasonous and that the actions violated the rights of over 19 million registered voters.

Further Pkosing wants the Supreme Court to determine whether a fully or partially successful sabotage, subversion or impediment of the election can affect the legality, legitimacy of a presidential election.

He also wants the court to determine Whether under Article 138 of the Constitution any person is entitled to benefit or gain advantage from the partially successful boycott, subversion and sabotage of the fresh presidential election that culminated in no elections in 25 Constituencies and low voter turn-out in many constituencies where the NASA hold political sway.

The High Court, barely a week ago ruled that it had no jurisdiction to determine NASA decision to boycott the election.

Legislator Pkosing now wants the apex court to declare that NASA’s boycott amounts to treason.

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