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OPPOSITION LEADERS RAILA AND KALONZO COULD BE FORCED TO PARTICIPATE IN REPEAT PRESIDENTIAL ELECTION.

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Raila Odinga and his running mate Kalonzo Musyoka.
BY SAM ALFAN.
BY SAM ALFAN
Raila Odinga and his running mate Kalonzo Musyoka could be forced to participate in the repeat presidential election.
The High Court will on October 24 rule on a case seeking orders to compel NASA leaders to participate in the fresh presidential election.
This is even as the opposition leaders failed to enter their responses in the case.
Last week High Court gave NASA leaders four days to respond to the suit filed by Pokot South MP David Pkosing.
The case, however, kicked off without their participation.
IEBC together with the Attorney General submitted that anyone or a party has a right to boycott the election but has no right to impede the right of others.
The court was told that the constitution prohibits a person from stopping citizens from choosing their leaders.
In the case, Pokot South MP David Pkosing moved to court saying that Nasa leaders are seeking to secure power through a crisis, triggered by failure to hold the fresh presidential election within 60 days as directed by the Supreme Court.
The MP said he is apprehensive that there is a political conspiracy to prevent the Independent Electoral and Boundaries Commission (IEBC), as presently established, from conducting the fresh presidential elections.
According to the MP, if the fresh presidential election that is slated for October 26, aborts by whatever means, Kenya is likely to plunge into a constitutional crisis.

HOUSE MAJORITY LEADER ADEN DUALE’S RIVAL FARAH MAALIM ‘CRUCIFIED’ BY IEBC LAWYER.

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Former Deputy Speaker Farah Maalim before a Nairobi election court during cross examination by IEBC lawyer Issa Mansour on Monday October 16, 2017/PHOTO BY S.A.N.
BY SAM ALFAN.
House Majority leader Aden Duale’s rival Farah Maalim has been put to task to explain the irregularities he has cited in his affidavit.
 
 
He courted trouble after failing to explain all the allegations he had made that the KIMS were compromised.
 
IEBC said Malim produced fake form 35A since they don’t have IEBC Logos.
 
The commission said the documents filed in court by Maalim were not from the commission.
 
He didn’t personally see people bribing but claims negotiations of money going on, on various polling stations.
 
“I didn’t see the bribery literary or anyone being bribed but I saw a crowd negotiating” he said.
 
While being cross examined by IEBC lawyer Issa Mansour he said he did not report to the commission or make a formal report to police or commisdion about his alleged malpractice.
 
All through the cross examination, Mr Farah did not table any evidence to show how how form 34 A and IEBC officials were involved in election malpractices in the alleged polling stations.
 
He confirmed to court that Wiper Party agents signed form 35 A in 97 polling stations.
 
He further informed the court that during the election date at Bura college polling station he alleged to be chased and his brother in-law who was driving him was allegedly assaulted.
 
He informed the court that in Jamhuri polling station the were election normalities in that form 34A were not signed by the presiding officers.
 
He does not have any evidence or information which polling stations that the results were announced are different from those counted in the 97 polling stations in Garissa Constituency.
 
There is no incriminating evidence produced in court by way of photos or videos showing how the ballot were broken before counting.
 
Maalim did not launch a formal complain with constituency commission offices that the IEBC officials allegedly campaigned for Aden Duale as he claims.
 
He has not also sworn affidavit in court showing there was  violence in some polling stations and voters intimidated and chased away.
 
He did not table in court any particulars which polling stations his agents were chased away.
 
He informed the court that some poling stations there were multiple voting and he could not give evidence of the names and numbers who voted twice as he claims.
 
None of his agents filed affidavit in court showing that form 34A were not accurate and verifiable as he alleges.

PROBE KUWAIT AMBASSADOR, STAFF ASK STATES.

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Kuwait envoy Qusai Rashid.

 

BY NT CORRESPONDENT.

Probe Kuwait Ambassador Qusai Rashid Al-Farhan, former senior staff in the embassy plead.

They say that they were sacked on flimsy grounds and want their former boss’ diplomatic immunity removed so that he can face the law.

There has been a serious allegation over the conduct of the envoy since he came to Kenya more than three years ago.

He is alleged of victimizing and sacking the local staff served some of whom have for over twenty years.

Mr Rashid has been blamed for undiplomatic behavior and refusing to implement the labour laws of Kenya to the local staff working at the embassy.

Some staff have also asked the government of Kuwait to investigate the claims.

Since he was posted to Kenya, the envoy had been very unpopular even to other diplomatic circles over allegations of undiplomatic behavior.

The mission is yet to implement the labour laws of Kenya to his local staff.

However, economics and relations between Kenya and the state of Kuwait remain cordial.

SONKO SAYS HIS GUBERNATORIAL VICTORY WAS CLEAR AND CREDIBLE.

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Nairobi Governor Mike Mbuvi Sonko addressing Nairobi County Assembly.
BY SAM ALFAN.

Nairobi Governor Mike Mbuvi Sonko says that he was validly elected as the County Boss.

The governor has denied allegations that there were unregistered people who cast their votes during the August 8th election gubernatorial election adding that there is no basis for an order of scrutiny of the ballot boxes and materials including KIEMS kit.

Through his lawyer Harrison Kinyanjui, the governor says that the Nairobi gubernatorial election process on August 8th 2017 was carried out within the law, neither were there irregularities or illegalities that would render the process a sham as alleged by the petitioner.
He also trashed the petition saying the people of Nairobi spoke on August 8 and their decision must be respected.

“The votes in the said gubernatorial election for Nairobi County were counted at the respective polling stations in the presence of all candidates Agents who were present, “argues Sonko.

He has further deny claims that his agents not manipulated or interfered with the said elections.

In his replying affidavit Sonko argues that there were no irregularities and illegalities in the counting and tallying of votes.

“The forms 37A from the polling station were properly received by the returning officer in accordance with the law, “reads the affidavit.

Sonko has listed down six issues that he wants the court to determine in the election petition against him among them whether the petitioner in the case –a voter Japheth Muroko has laid sufficient basis for scrutiny of the said election.

In the petition Japheth Muroko claims that the elections were done contrary to the provisions of the constitution.

He claims that the agents of the former governor and his party were either completely denied from accessing stations or they were given limited access to specific stations which allowed massive irregularities costing the former governor his seat.

Former Nairobi County governor Evans Kidero made an application to court intending to be enjoined as an interested party to the petition.

Kidero argues if enjoined in the suit, he will present additional concrete evidence to of the expansive unprecedented electoral malpractices and irregularities concerning the Nairobi County Gubernatorial election.

Mr Sonko asked the court to dismiss the election petition challenging his election.

AUKOT’S PRESENCE IN THE BALLOT CONTESTED.

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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.
BY SAM ALFAN.

Narok South voter, Abraham Kiplangat Mutai challenges inclusion of all presidential in the October 26 polls.

The aggrieved voter, through lawyer Nelson Havi , lodged an urgent application before Court of Appeal seeking to suspend the participation of the candidates pending the outcome of the appeal against the October 11 decision by the High Court Judge John Mativo.

High Court ordered Independent Electoral and Boundaries Commission (IEBC) to include Thirdway Alliance Party leader Ekuru Aukot in the ballot for the October 26 repeat presidential election.

Abraham Kiplangat Mutai claims that High court judge John Mativo erred in law, in holding that Dr. Ekuro Aukots exclusion from the fresh presidential election was discriminatory and unconstitutional.

“The applicant has appealed against the decision of the high court directing the inclusion of the Ekuro Aukot in the presidential election for 26th October which election is deemed to have been cancelled following the withdrawal from the race by NASA leader Raila Odinga,”reads court documents.

He now wants the court of appeal to set aside and dismiss the entire judgment.

Through lawyer Nelson Havi, the petitioner says that the high court decision amounts to a contravention of section 14(1) (b) of the Election act ,no.24 of 2011.

He claims that the high court erred in law when it ruled that the Supreme Court interpretation of the meaning of fresh election was not binding upon him and that he erred in law by directing IEBC to gazette Aukot as a candidate in the fresh election, outside time.

The appeal has been filed just three days, after high court ordered Independent Electoral and Boundaries Commission (IEBC) to include Thirdway Alliance Party leader Ekuru Aukot in the ballot for the October 26 repeat presidential election.

OMTATAH WANTS TO BLOCK IEBC TO DECLARE UHURU AS PRESIDENT ELECT.

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Activist Okiya Omtatta who rushed to court in attempt to stop IEBC to declare President Uhuru Kenyatta from being declared as president elect hour after opposition pulled out of October 26, election.

BY NT CORRESPONDENT.

Activist Okiya Omtatta has filed a case in court seeking orders to stop IEBC from proceeding to announce President Uhuru Muigai Kenyatta as the president elect.

This comes ust a day after NASA presidential candidate Raila Odinga withdrew from participating in the 26th October fresh election,

He argues that if repeat election are not held, at the expiry of the 60 days a caretaker government ought to take over for purposes of ensuring that elections are held within next the  60 days.

Among the order that Omtata is seeking is a declaration that President Uhuru Kenyatta hands over power to a caretaker government and ceases being the person holding the office of the president pursuant to Article 134.

He also wants an order compelling the president Uhuru Kenyatta to vacate office of the president.

He further claims that since the elections under Article 140(3) of the constitution will not be held on 26th of this month, Kenya will not have an elected president and the IEBC cannot declare president Uhuru Kenyatta as having been elected unopposed.

“Failure to conduct the repeat presidential election on 26th October 2017 will inevitably requite the formation of a caretaker government to be in charge of the country for the 60 days period provided under Article 138 (9) of the constitution within which the IEBC is required to hold fresh elections,” claims Omtatah

He wants the caretaker government to be presided over by the chief justice and be formed on 2nd November to draw up a framework and midwife transition.

In the application he wants the IEBC personnel under investigations by law enforcement to step aside to facilitate credible investigations.

 

STAREHE MP JAGUAR FACE HARD TIMES AFTER RIVAL IS ALLOWED TO FILE MORE EVIDENCE ON ELECTION SUIT.

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Orange Democratic Movement Starehe Constituency parliamentary candidate Steve Mbogo leaving Milimani Law Court.

BY SAM ALFAN.

Starehe MP Charles Kanyi Njagua wars pile with his rival now being allowed to file more evidence.

Steve Mbogo has been allowed to file additional material evidence in a suit he seeks to unseat Jaguar.

ODM’s Mbogo claims he has amassed enough evidence that there was systematic interference and manipulation of the results by the Returning Officer.

Justice Frederick Ochieng allowed Mbogo to call in two more witnesses in the case.

He also wants to be allowed to access the KIEMS kit.

The judge cautioned parties in the case to make an extra copy of their suit documents to avoid mischief that is characteristic of election petitions when documents mysteriously grow legs and disappear at a crucial time when a decision is about to be made.

“This will ensure that the matter is not halted as documents tend to disappear during elections,” justice Ochieng cautioned.

Mr Mbogo filed an election petition challenging the election of Starehe Member of Parliament Njagua Kanyi.

The flamboyant businessman claims that the election was not administered in an impartial, neutral efficient and accurate manner in numerous circumstances.

He further claims that the returning officer selectively manipulated and deliberately distorted votes cast in favor of Jaguar.

The businessman says he has evidence that there were systematic interference and manipulation of the results by the Returning Officer.

As a result, Mbogo contends that” the systemic manipulation and distortion of the results renders it impossible to determine who actually won the parliamentary seat, “he says.

Further, Mbogo has accused Jaguar of intimidating and corrupting voters to vote in his favor.

The election to the starehe National Assembly was not administered in an impartial, neutral and accurate manner.

He alleges that IEBC selectively manipulated the votes cast and counted in favor of Jaguar.

Mbogo claims that in a substantial and significant number of instances IEBC grossly inflated the national assembly votes cast in all six wards of Starehe constituency in favor of Jaguar.

He further claims that in a substantial number of instances, the IEBC grossly inflated the National Assembly votes cast in all six wards of Starehe Constituency in favor of the third respondent thereby affecting the final results.

Through his lawyer,  the politician claims that several forms 35 A’s were not signed adding that the parliamentary election was not conducted in accordance with the Constitution and Election Laws.

MY HUSBAND WAS ASSASSINATED, MUCHAI WIDOW TELLS COURT.

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Susan Nyawira,Wife to the late Kabete M.P George Muchai testifies in a murder case of her late husband who was murdered along Kenyatta avenue in 2015.

BY NT CORRESPONDENT.

Former Kabete Member of ParliamentG eorge Muchai was assassinated, widow narrates ordeal to judge.

Susan Nyawira, the late MP’s wife told trial Judge James Wakiaga that the manner in which her husband, his driver and two armed bodyguards were killed was a well planned execution.

She said that before his death, there were ‘bad’ talks in the country which were published both on print and broadcast about wars in COTU.

This she said was following her late husband’s removal from the organisation which acts she termed aggressive.

In a somber narration, Nyawira recounted how they had been having a good time at Galileo in Westlands, Nairobi but her late husband looked uptight and apprehensive.

The only unusual thing she noticed  was a big crowd that came to exchange greetings with her husband.

She said that her husband had a premonition of his death and was tensed even as he partied with them.

Muchai, his driver and two armed body guards were shot dead in a gangland style execution on Kenyatta Avenue.

“When we left the club we drove in front and he was following us from behind, I could see his car and asked my sister to stop when I noticed they had pulled off near  the Kenyatta Avenue bus stop, I didn’t know why they stopped,” she said.

She said while at GPO she then heard  around five gun shots which were made from a heavy firearm but did not see who killed them.

They then called the late Mp and his driver’s phones but they went unanswered forcing them to make a U-turn towards where the late Mp’s car had stopped earlier only to be confronted by the murder scene.

The court heard that prior to the material day the husband had come from Mombasa on an official meeting and he did not inform her of having difference with any person.

She said that the ‘famous’ brief case has never been recovered after the incident.

During cross examination by defence lawyers Nyawira denied being aware of the anticipated killing of the four since they were going to drop Muchai’s driver in town to pick public means to his home in Huruma estate.

After the shooting she said that she found the driver of her husband having gun shot and one of the bodyguard hanging on the door of the vehicle but the husband was still bleeding and was not dead.

She informed the court that she tried to save her husband’s life but the police declined and directed her to go to Nairobi women Hospital to make some arrangements for him before he was taken there for treatment.

The court heard that Muchai died before he was taken to hospital for treatment.

In the case the accused persons are Margaret Njeri Wachuiri, Raphael Kimani Gachii alias Butchcher Kimani Anyonyi alias Musti , Stephen Asiliva Lipapo alias Chokore Erick Muyera Isabwa alias chairman, Jane Wanjiru Kamau alias Shiro and Simon Wambugu Gichamba.

They have denied murdering the former MP, two of his bodyguards police constables Samuel Kimathi Kalikia, Samuel Lekakeny Matanta and his driver Stephen Ituu Wambugu on the night of February 6 and 7,2015 on Kenyatta Avenue, Nairobi.

MUGIRANGO WEST CONSTITUENCY COULD GO BACK TO POLLS.

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Mugirango West Constituency Wiper Parliamentary candidate Stephen Mogaka addressing his supporters during the campaign period before August 8,2017/PHOTO COURTESY.

BY SAM ALFAN.

Mugirango West Constituency could go back to the polls following the failure by the current MP to respond to a suit seeking his removal in time.

Vincent Kemosi Mogaka responded outside the stipulated response time and as such his rival Stephen Mogaka want him dethroned as the MP.

Stephen wants Vincent’s response thrown out for failing to adhere to election petition rules.

IEBC also filed its response outside time.

“Both responses, witness statements and replying affidavits by the MP and IEBC should be expunged from court records.” he says.

Stephen, a lawyer, commenced the proceedings against his rival and IEBC by way of election petition dated  6 September 2017 and duly served personally to the MP and IEBC through advertisement.

The delay has  offended the objective of the election of  Parliamentary and County elections petition rules as provided for under rule 4 of the elections Act, Stephen says.

The MP was nominated by Forum for Restoration and Democracy Kenya  (Ford Kenya) and  got 12,800 votes while the petitioner garnered 9,909 votes from total of 76,392 registered voters.

He has questioned  and contend that the principles on qualitative applied by the IEBC in determining the winner is not applicable.

He  sought the court to look into malpractices committed on systems and process employed to arriving at the  final results.

Justice John Makau will give his determination on October 30.

MAJORITY LEADER IN PARLIAMENT ADEN DUALE RUBBISHES RIVAL’S CLAIMS.

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Majority Leader in Parliament Aden Duale.

BY SAM ALFAN.

I did not bribe voters, Majority Leader in Parliament Aden Duale has told off Farah Maalim.

In a response he has filed opposing Maalim’s petition, Duale says that his opponent should accept defeat.

“The allegation of bribery made by the Petitioner are the cries of a man unwilling to accept defeat and looking to blame others for his obvious failure” says Duale.

He also trashed the petition saying the people of Garissa town spoke on August 8 and their decision must be respected.

Duale said the elections were conducted in accordance with the law and by gazetted Presiding Officers and further that the KIEMS technology deployed was successful.

“The said election was conducted in an impartial, neutral, efficient, accurate and accountable manner” he says.

I was dully elected as Garissa Town Member of Parliament in a free, fair and credible election.

He also said the Petitioner has failed to produce any cogent evidence and failed to prove that my agents and any other person allegedly acting on my behalf were involved in any violence and physical intimidation;

Duale has also termed Maalim’s assertions that there he violated the principles of a free and fair election and electoral processes as baseless and meritless.

“The free democratic will of the people culminated in me being validly declared as the winner of the said election after having garnered the majority votes of the people of Garissa Township Constituency who had exercised their democratic and constitutional sovereign right to vote” said Duale.

He also denied influencing appointment of any of the Presiding Officers and Deputy Presiding Officers as alleged.

Hearing to proceed.

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