Nairobi Governor Mike Mbuvi Sonko was elected in a questionable process, a court has been told.
Two petitioners wants court to grant them access to Electronic devices and all bio-metric electronic appliances used in each polling stations.
“I am dissatisfied with the conduct of IEBC during the Nairobi Gubernatorial elections held on 8th of August and the process leading towards the declaration of the said results hence I filed he instant petition, “argues the two voters.
Japheth Moroko and Zacheus Okoth Oliech also wants the court to order IEBC to give access to all the parties for purposes of scrutiny and supply to the court and to all parties original Form 37A and Forms 37B used to generate the final tally of the National gubernatorial elections.
Moroko told the court that their demand for scrutiny of votes cast is to enable the court arrive at a fair determination.
The petitioners say that they have received additional evidence which was not in their knowledge at the time of institution of the petition.
Justice Mbogholi Msagha will preside over the case.
Administration police imposter Kennedy Mojong Ekale before a Nairobi Court on Monday September 18,2017.
BT NT REPORTER.
A administration police imposter Kennedy Mojong Ekale has today pleaded to all changes against him
He was today arraigned in court and charged with three criminal counts.
Ekale is believed to have lived, dined and mingled with Administration Police officers at the Uhuru Camp for six months without being detected.
26 years old Ekale was charged that between the month of April 2017 and 14 September 2017 at S.G.B Administration police camp, Uhuru Camp in Langata he falsely presented himself to be a person employed in the Administration Police Officer no. 95051258 AP CPL George Onyancha.
He faces a second count of wearing uniforms of the Administration Police officers without the permission of the Cabinet secretary for Interior.
He was also charged with being in possession of one jungle trouser, one jungle shirt, one red belt, one green belt, one red lanyard, one jungle hat, two jungle T.shirt and one police rain coat belonging to the administration Police Service suspected to be stolen or unlawfully obtained.
He appeared before Nairobi Chief magistrate Francis Andayi.
High Court Judge Chacha Mwita who suspended NGOs Coordination Board National Board to to deregister Kenya Human Rights Commission( KHRC) /PHOTO BY S.A.N.
BY NT CORRESPONDENT.
A suit has been filed seeking unconditional leave to conduct a referendum to allow Kenya to be divided into two.
Mr Mathew Okwanda Mwilista and Alex Misingo Matisha filed the petition seeking leave to enable them secede from Kenya.
They claim that their community has been subjected to poverty and underdevelopment for reasons they were never part of.
They argue that their community has been marginalized economically, socially, culturally and politically.
We have been given a derogatory tag as professional “cooks and watchmen”.
“Since the said merger of the people comprising the former Eastern Province of Uganda; the said community has undergone severe discrimination, and victimization in job allocation and general development funding,” they said.
The duo argue that the Abaluyia leaders voiced their concern in writing to the Lancaster House Conference Talks on Kenya’s Independence in 1960; however, their plea has been ignored to date by subsequent governing regimes.
Similarly they argue that inhabitants of the said former Eastern Province of Uganda have never since the time of the alleged transfer of their territory experienced any fair, cultural, social and economic development save for severe marginalization, and economic underdevelopment in all sectors.
They further claim that the merger of the former Eastern Province of Uganda with the British East Africa Protectorate was illegal, and the same violated the United Nations Charter and the United Nations Governing Assembly Resolution No. 1514 (XV) of December 14 1960.
In the petition they say that the Government of the United Kingdom by design failed to resolve the Abaluyia Question when it was in a position to do so before granting independence to the British East Africa Protectorate; and therefore liable to pay reparations for the anguish and sorrow suffered by the said Community to date.
High court Judge Chacha Mwita directed the petitioners to serve the petition to the respondents and appear for directions on October 18.
Activist Okiyah Omtatah having a jovial moment at Milimani law courts on Wednesday March 5, 2017 ( PHOTO BY S.A.N)
Activist Okiyah Omtatah having a jovial moment at Milimani law courts on Wednesday March 5, 2017 ( PHOTO BY S.A.N)
BY NT CORRESPONDENT.
Activist Okiya Omutata has threatened to move to court if Central Bank of Kenya does not withdraw all unconstitutional currency notes and coins from circulating and replacing them with those that don’t bear the image of any individual , including that of the late President Jomo Kenyatta.
In a letter addressed to CBK Governor Patrick Njoroge Omutata claims that article 231(4) of the constitution 2010 decrees that notes and coins issued by the CBK may bear images that depict or symbolizes Kenya or any aspect of Kenya but shall not bear the portrait of any Individual.
Omtata claims that the bank is deliberately defeating the constitution requirement by backdating new currency notes and coins it issues to 16th July 2010 which is just a few months before the effective date of 27th August 2010.
“Kindly note that failure on your part to respect, uphold and defend the constitution as required of all persons in Article 3(1) of the constitution with all necessitate our recourse, at bank’s sole risk at to costs and other consequences, to the constitutional and Human Rights Division of the High court of Kenya for orders to compel your compliance, “reads the letter.
Omtata says that the Governor is breaching the constitution that prohibits the portrait the portrait of an individual on the currency.
According to the constitution the new design was supposed to have been implemented by September 1st 2015.
Most Kenyan notes and coins currently in circulation have Kenyatta’s image, except for the 40 shillings coin which bears former president Mwai Kibaki’s image.
Lawyer Tom Macharia with Jubilee Party Deputy executive officer and director of legal services Mary Karen outside Milimani Law Court/PHOTO BY S.A N.
BY SAM ALFAN.
Orders sought to send home the current IEBC chairman Wafula Chebukati and his election team could throw the country into a state of anarchy.
Jubilee Party while opposing an attempt to replace the current IEBC commissioners said that replacing the commissioners will gravely jeopardize the presidential election set for next month.
Three Kenyans moved to court seeking to have IEBC stopped from conducting the presidential election.
Jubilee in a rejoinder held that removing IEBC as is currently constituted will create a crisis because if the court issued the orders as prayed and in view of Article 134(C) which bars the president from appointing state officers during temporary incumbency Kenya could plunged could head the wrong direction.
In an affidavit sworn by Ms Mary Karen Kigen, the party’s Deputy Executive Director, any decision that will be made by the court in the case will ultimately affect the party adding that Jubilee party has a great steak in the electoral system in the country as it is a major player.
The party says that if the suit is successful it will make it impossible for IEBC which is the only mandated body to conduct a presidential election.
“I am aware IEBC cannot conduct any election without the commissioners who are ordinarily appointed by the presidents,” claims Mary Karen.
Any attempt to replace the current commissioners within the short time frame may lead to having incompetent commissioners who would only compromise the quality and integrity of the fresh presidential Election.
The party while opposing the case says that Wafula Chebukati and his team they perform a unique task and have special expertise acquired during their tenure in office and the training they receive as members of the IEBC.
Former Machakos Senator Johnstone Muthama with Gatundu South Member of Parliament Moses Kuria before Nairobi Magistrate Court where they pleaded not guilty to incitement to violence charges on Tuesday September 12,2017.
BY SAM ALFAN.
Gatundu South Member of Parliament Moses Kuria and former Machakos Senator Johnstone Muthama have secured their freedom on cash bail of 300,000 shillings each.
They were separately charged and pleaded not guilty to incitement to violence charges.
Nairobi chief magistrate Francis Andayi further directed the two accused persons to sign a 1 Million shillings each as a personal commitment that they will maintain the law and not commit similar offenses.
According to the charge sheet presented to court Muthama is alleged that on 10th of this month at Isinya town within Kajiado County he uttered words which indicated that it might have been desirable to engage in a physical fight which was calculated to bring death or physical injury to persons.
Chief Magistrate Francis Andayi had earlier warned the politicians against “misbehaving” but they protested saying they were still innocent until proven otherwise.
The former senator was represented by a team of 13 lawyers led by Senator James Orengo, John Khaminwa, Harun Ndumbi among others.
The lawyers also said that they will appeal the ruling requiring Muthama to enter into a recognizance saying it’s presuming that he is guilty.
Mr. Kuria was separately charged that on the 5th of this month at Wanginge Market Kikuyu sub County within Kiambu County used abusive words to wit. The prosecution claims that the words were abusive and intended to bring physical injury to a person.
Kuria’s lawyer Cliff Ombeta had asked the court to grant him free bail arguing the prosecution has no case.
Ombeta argued the prosecution’s decision to charge the MP was meant to embarrass him by denying him the chance to attend the opening of the 12th Parliament.
Kuria was represented by lawyer Cliff Ombeta and Francis Munyororo.
Lawyers representing Muthama and Kuria indicated to the court that they will be challenging the particulars in the charge sheet. Lawyer John Khaminwa said that the charge against Muthama is ridiculous.
The cases will be heard separately on the 23rd of January 2018.
Further, the defense complained to the court saying that the charges brought before the court are different with the charges entered in the occurrence book in Pangani Police station.
Earlier in the day, the Prosecution was given two hours to decide whether they will press charges against Former Machakos Senator Johnstone Muthama.
This is after state counsel Aloys Kemo said that they need time to review Muthama’s file before charging him.
However, lawyers representing the former Lawmaker opposed to the application saying that Muthama’s rights have been infringed by police and the prosecution. They want the court to released Muthama on bond pending investigations and prosecution.
Justice Luka Kimaru allowed the prosecution to review the file and come up with a concrete plan on the next step on whether they will charge Muthama or not.
Family Bank Chief executive officer Peter Munyiri , Peter Mindoro, Oscar Nyasa, Charles Kamau Thiongo, Raphael Mutinda Nduda, Meldonon Awino Onyango, Josephine Njeri Wairi, and Family Bank limited before Nairobi Magistrate Court on Tuesday September 12,2017.
BY SAM ALFAN.
Family Bank now wants to settle out court the case in which the bank is charged with failing to report unusual transactions carried out by the chief NYS suspect Josephine Kabura.
The bank through its lawyers, Wahome Gatonye and Cecil Miller told the court that the bank is in the process of settling the matter out of court.
“We have initiated some discussion with the office of DPP with a view to exploring an out of court settlement.
Which we hope it can bring this matter to an end” submitted Gatonye.
The court was told that the Bank has been in communication with the Director of Public Prosecution with a view of withdrawing the matter from the court.
Mr Miller further said that they are waiting for an outcome on whether the court of appeal will stay the criminal proceedings pending at the lower court.
Lawyer Wahome Latonya told Nairobi Chief Magistrate Francis Andanyi that, the bank has appealed the high court that failed to stop prosecution of the bank and it top managers.
The matter before the court of appeal was fixed for hearing on 17 of October but IEBC has declared the date as the polling date.
He said if the matter proceeds, the bank will suffer double jeopardy since it has fined by Central Bank over the same matter.
“Having fined by the regulator it will suffer double jeopardy if it will be charged with a criminal case?” said Gatonye.
He said Article 50 protect the right to suffer double jeopardy.
The court allowed their application an adjournment pending the appellate court decision.
The prosecution had availed two witnesses from Central Bank to testify against the bank and other officials.
Former Family Bank Chief Executive Peter Munyiri, together with other top officials, were charged in court for money laundering Munyiri, alongside six others who have all been sacked, including KTDA Branch Manager Robert Oscar Nyaga, was charged with the offense linked to the National Youth Service scandal.
They are charged with nine counts, including failure to report unusual transactions carried out by the chief suspect Josephine Kabura Irungu’s three bank accounts, were brought before the bank and the accused person.
A driver, conductor of a Githurai bus and a petrol station attendant Nicholas Mwangi, Meshack Mburu Mwangi and Edward Ndungu Kamau to suffer death for the charge of robbery with violence before A Nairobi Court on Wednesday July 19,2017/ PHOTO BY S. A. N.
BY SAM ALFAN.
Three men serving a death sentence for stripping and robbing a female passenger in a Githurai-bound bus in Nairobi in December 2014 want the court to set them free.
They claim the trial magistrate erred in law by sentencing them to death.
The three, Bus driver Nicholas Mwangi, conductor Meshack Mwangi and petrol station attendant Edward Ndung’u claim that the learned magistrate erred in law and in fact when he convicted and sentenced them to death on the charge of robbery with violence without any sufficient evidence.
Further, they want the appeal allowed and the conviction and sentence against them quashed and set aside.
In the appeal filed by their lawyer Harrison Kinyanjui, the three men say that trail magistrate Francis Andayi erred in law in shifting the burden of proof on them.
They have listed 22 grounds on which they want the court to consider in their favor.
In mid-July this year the three men were found guilty of robbery with violence and assault by Nairobi Chief Magistrate Francis Andayi.
The magistrate handed them another sentence of 25 years in jail for stripping and sexually assaulting the woman. But the jail term was suspended as the trio had already been handed the death penalty.
The three had been charged with robbery with violence and assault.
According to the prosecution on the night of September 19 and 20 at Millennium Petrol Station in Githurai 44, jointly with others, they robbed a woman identified as H E W (to protect her identity) of10,200), a Samsung Galaxy mobile phone worth 27,000, one bottle of perfume, a clutch bag and a makeup kit all amounting to 41,700.
They further faced a charge of sexually assaulting the victim in the incident that caused uproar after a video clip of the act was circulated on social media.
Chief Justice David Maraga who has satisfied urgent application by presidential aspirant Ekuru Aukot of Third way Alliance urgent seeking clarification on who should or should not run.
BY SAM ALFAN.
A decision by IEBC to lock out all other candidates apart from Uhuru Kenyatta and Raila Odinga in the upcoming October 17 Presidential Election has been challenged at the Supreme Court.
The Supreme Court certified a case filed by presidential aspirant Ekuru Aukot of Third way Alliance urgent seeking clarification on who should or should not run.
“Having certified of urgency dated 6th September 2017 together with the Notice of Motion of even date and further having read and considered the supporting Affidavits sworn on 6th September 2017 by Ekuru Aukot it is hereby ordered as follows that the Notice of Motion under consideration is hereby certified as urgent,” Chief Justice David Maraga directed.
Dr. Aukot has been mandated to serve the application together with his written submissions on or before the today.
The respondent, IEBC is expected to file and serve its response together with written submissions on or before September 15, 2017.
The application will be mentioned before the Registrar on 18th September 2017 at 9:00 a.m. for compliance.
Aukot wants the court to interpret its judgment delivered on September 1 invalidating President Uhuru Kenyatta’s win.
In his petition, Aukot claims he has a direct and legitimate and inalienable constitutional right to participate in the presidential election as ordered by the court has been a presidential candidate in the August 8 poll.
“I believe that my political right and that of my constituents as enshrined in the Constitution are threatened, violated and infringed by the decision of IEBC and Chairman Wafula Chebukati to exclude me in the fresh election without lawful justification,” argued Aukot.
Aukot further says the electoral agency can only limit the number of candidates to a presidential election only in the circumstances contemplated in Article 138 (5) (6) in the Constitution, which is not the case now.
“In light of the mandatory time constraints set by the court’s judgment, this application ought to be disposed of expeditiously to avoid a delay in the inclusion of my name on the ballot,” he said.
Aukot wants to be heard before the process of printing ballot papers commences.
City lawyer Guy Spencer Elms who he denied forging will in sale of price of land at Milimani Law courts on Thursday September 7,2017 /PHOTO BY S.A.N.
BY SAM ALFAN.
A billionaire city lawyer Guy Spencer Elms has pleaded not guilty to five counts.
The Briton practicing law in Kenya is accused forging a will in the sale of 500 million shillings piece of land in Karen.Spencer was arraigned before Nairobi Chief Magistrate Francis Andayi.
According to the charge sheet presented in court, it is alleged that on or before 24th March 1997 at an unknown place in Nairobi within Nairobi County with intent to defraud, made a false document namely a will dated 24th March 1997 purporting it to be a genuine will signed by the late Roger Bryan Robson.
He faces four other counts among them uttering a power of attorney document to Corporal Samuel Kamau purporting it to be a genuine power signed by the late Robson.
Roger Bryan Robson died in the year 2012 and left a will with the accused who was his lawyer.He was released on a cash bail of 400 million shillings.
The lawyer lost a bid to block his prosecution over the alleged forgery of a deceased will in the sale of a 500 million Shillings five-acre piece of prime land in Nairobi’s Karen area.
High Court dismissed a petition challenging his arrest and prosecution.
Spencer said upon the death of Robson on August 8, 2012, he was appointed the personal representative of his estate and a grant of probate of the written will which was issued in October 2013.
“However after around a year, some fraudulent claimants surfaced and started laying claim into the deceased’s properties”, Spencer told the court.
He added that some even went ahead and took physical possession of the property by demolishing the structures that he had caused to be erected.
The DPP, however, alleged that Spencer forged the will of Robson on the power of attorney.
In the judgment delivered by Justice George Odunga he said,” In the circumstances of this case it would be in the interest of the applicants, the respondents, the complaints, litigants, and public that the criminal prosecution be heard and determined quickly in order to know the truth, giving the applicants the chance to clear their names”.
