Blog Page 328

EMBATTLED IEBC OFFICERS FAIL TO SECURE ORDER.

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Kenya Independent Commissions Workers Union lawyer Samson Nyamberi before Employment and Labor Relationship court.

BY SAM ALFAN.

 Employment and Labor Relationship court has declines to issue orders terminating or suspending IEBC officials from office.Justice Nelson Abuodha certified the application urgent and directed the case to be heard on 20 of September for further directions.

The union through lawyer Irene Wambui Ndegwa wants the court to issue permanent injunction restraining IEBC from making public announcement to the effect that it would suspend or terminate the employment of Ezra Chiloba, Immaculate Kassait, James Muhati, Betty Nyabuto, Praxedes Tororey, Moses Kipkogey, IEBC returning officers and any member of staff of the secretariat of IEBC.

Kenya Independent Commissions Workers Union have filed a case against IEBC over the threat to fire IEBC CEO Ezra Chiloba and others from office

“The actions of the respondents chairperson to a breach of the constitution and if the claimants legitimate expectation and have exposed the said employees and indeed all staff of the secretariat of IEBC to intimidation and condemnation in the public opinion without any investigation, report or findings by IEBC that they or any of them committed the irregularities and illegalities alluded to in the determination of the Supreme Court, “reads the petition

The workers union claims that without any findings of the IEBC on the said employees wrongfully or illegal conduct, IEBC contemplated action to restructure the secretariat of the commission as to suspend and or terminate the employees is malicious and calculated to intimidate and eventually hound them out of employment unprocedurally.

The union claims that IEBC chairman Wafula Chebukati public announcement on the fate of the six employees of IEBC was premature, in bad faith and unwarranted.

They further want an order to stop IEBC from commencing any disciplinary action, suspending, terminating or interfering with the employment of the said staffs.

Electoral commission head Wafula Chebukati on Tuesday evening pushed aside senior staff who oversaw the nullified presidential election and appointed a fresh team to oversee the October 17election.

Through his Twitter account, CEO denied instructing any one file a case in court on his behalf .

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The chairman as the Returning Officer for the presidential election as outlined in the Constitution, he appointed a six-member team that will effectively be in charge of the election, under his watch.

He appeared to push aside Chief Executive Officer Ezra Chiloba and other senior staff that the National Super Alliance (Nasa) has targeted for removal.

STEVE MBOGO CHALLENGES JUBILEE MP’s WIN.

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Orange Democratic Movement (ODM) candidate for Starehe Steve Mbogo filing his petition at Milimani Law Court petitions registry.

BY CORRESPONDENT.

Orange Democratic Movement (ODM) candidate for Starehe Steve Mbogo has 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 lawyer Anthony Oluoch, 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.

STUDENT IN SCHOOL INFERNO TO REMAIN IN CUSTODY FOR A WEEK.

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A student alleged to have started fire at Moi Girls High School before a Nairobi Court.

BY SAM ALFAN.

Moi Girls High School student suspected to have started the fire has been detained for seven days to allow police conclude its investigation.

Milimani Children court magistrate Teresia Nyangena said that the child is a minor and the police have to expeditiously investigate the matter, therefore, gave the police 7 days to complete investigations.

“I have considered the submissions by the lawyers, affidavits the best I can do is allow for seven days upon which the application for bail can be reviewed, “said Nyangene.

Earlier the prosecution lawyer Alloys Kemo applied to have the child remanded for a period of 10 days saying that the investigations are ongoing.

“She’s been investigated for several offenses among them assault, arson, and murder, “submitted Kemo.

The court was told that the Director of Public Prosecution will make a final determination on which charges the minor should face once the investigations are done.

In an affidavit filed in court, the student was arrested on 5th of this month at Thome Estate within Kasarani Sub County.

Further, the prosecution said that on the night 1st of this month an inferno engulfed Kabarnet dormitory at Moi Girls School Nairobi leading to a number of students losing their lives, others sustaining injuries and massive destruction of property.

The court was told that the identity of the victims who lost their lives during the Inferno has not yet been ascertained and DNA testing is currently ongoing.

An application that was objected by the defense. Through lawyer Stanley Kang’ahi the court was told, that the students’ parents together with the suspect have been cooperating with the police since day one.

Kang’ahi, further added that there are no compelling reasons given by the prosecution to warrant the student detention for a period of 10 days

ELIZABETH ONGORO WANTS KAJWANG ELECTION NULLIFIED.

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Former senator Elizabeth Ongoro.

Former senator Elizabeth Ongoro.

BY NT REPORTER.

Tom Kajwang election as Ruaraka Member of Parliament has been challenged by Elizabeth Ongoro.

In the election petition filed this morning, Ongoro claims that the Ruaraka Parliamentary elections held on 8th were not conducted in accordance with the constitution rendering the declared results invalid null and void.

She wants the court to declare that the non-compliance, irregularities, and improprieties in the Ruaraka Parliamentary Election were substantial and significant that they affected the results.

He also wants the court to declare that Tom Kajwang was not validly declared as the Ruaraka legislator and that the declaration is invalid, null and void.

Further, he wants the court to direct IEBC to organize and conduct a fresh parliamentary election in strict conformity with the constitution and election Act.

The petition That’s has been filed by lawyer Phillip Nyachoti, Ongoro wants an order for scrutiny and audit of all the returns of the Ruaraka Parliamentary Election including but not limited to Forms 35A.

Ongoro argues that Kajwang engaged in sexist tactics and violence to keep her and her supporters who were mostly women from actively engaging in politics.

“With impunity, Kajwang contravened the rule of Law and the principles of conduct of a free and fair election through the use of intimidation, coercion and improper influence of voters “claim Ongoro.

She claims that Kajwang promised to reward his voters with bursaries from the Ruaraka Constituency Development Fund.

She claims that the said violations cumulatively affected the conduct, results, and outcome of the Ruaraka Parliamentary Election and rendered it void.

 

FARAH MAALIM CHALLENGES ADEN DUALE ELECTION.

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Farah Maalim at Court registry while filing a petition against leader of majority Aden Duale on Tuesday September 5,2017 /PHOTO BY S.A.N.

BY NT CORRESPONDENT.

Former National Assembly speaker Farah Maalim wants IEBC ordered to conduct afresh parliamentary election for Garissa Township.

He is claiming that Majority leader Aden Duale was not validly elected.

In an election petition filed this afternoon challenging re-election of majority leader Aden Duale as Garissa Township Member of Parliament, Maalim says that there was massive irregularities in the August 8th elections.

Maalim wants court to direct that the respondents in the case jointly and several committed election irregularities.

He further wants the court to order IEBC to avail all material including voter registers, counterfoils used for all polling stations and electronic devices and equipment for the Garissa Townships Parliamentary Election within 48 hours.

He claims that Duale supporters were allowed to vote more than twice and were not marked with indelible ink as they  presented their identification but were not keyed into kits as having voted thus voted severally .

“This was in clear contravention of the Elections( General)Regulations laws” Maalim clai

Maalim says calims that there was deliberate proloined delay in areas perceived to be his strongholds on Election day causing long ques aimed at denying voters their constitutional rights.

GOVERNOR ALI ROBA VICTORY CHALLENGED IN COURT.

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Former Devolution ministry administrator Hassan Noir leaving Milimani Law Court after filing a petition challenging the victory of Mandera governor Ali Roba on Monday September 4, 2017/PHOTO BY S.A.N.

BY NT CORRESPONDENT.

The Economic Freedom Party Mandera governor candidate Hassan Noor Hassan has challenged the election of Mandera  governor Ali Ibrahim Roba in court.

Mr Noor who is former Devolution ministry administrator claims that the elections were marred with massive electoral malpractices and irregularities that substantially affected the outcome of the gubernatorial elections in specific polling stations within Mandera North Constituency particularly Ashabito Ward , Guticha Ward ,Morothile Ward , parts of Rhamu Ward and Rhamu-Dimtu Ward that led to him being rigged out in favor of Roba.

He furthur claims that the petition raises several discrepancies in figures entered in Form 34A and 34B.

He wants the court to order IEBC preserve and keep all the Kenya Integrated Electoral Systems Kits (KIEMS)used for all the polling stations and tallying Centers with respect to the gubernatorial election for Mandera County held on 8th August 201T within Mandera North Constituency for purposes of preservation of material evidence .

He wants all the ballot papers used during the elections kept well.

In the petition filed this afternoon at the Milimani Law Court, through city lawyer Tom Ojienda the petitioner wants IEBC ordered to all the election materials including ballot papers.

He claimed presiding officers were deliberately delayed from reporting to their polling stations the day before elections to enable their replacement with strangers.

He alleges EFP agents were assaulted and chased away from various polling station in presence of police officers.

Noor wants read only access to information relating to the number of servers limited for Mandera North Constituency among other items.

Governor Ali Roba of Jubilee Party retained his seat after garnering 67,470 votes against Noor’s 57,937.

Noor claimed the electronic voting system was tampered with to give his rival undeserved victory.

The former Rift Valley provincial commissioner alleged JP interfered with the Kenya Integrated Electoral System especially in his Lafey and Banisa strongholds.

BID TO BLOCK SHAMALLA NOMINATION FLOPS.

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Nominated Member of National assembly Jennifer Shamalla st Milimani Law Courts /FILE PHOTO.

BY SAM ALFAN.

High court has dismissed a case challenging the nomination of city lawyer and nominated Member of National assembly Jennifer Shamalla by Jubilee party to represent marginalized community in the National Assembly.

Justice John Mativo ruled that the  case filed by former Jubilee Elections Board Chairman Aden Noor Ali has no merit and the applicant had not satisfied the threshold to be granted the orders sought.

The court further ruled that the case has no arguable merit and did not deserve the leave sought.

In the case Noor moved to court seeking to have Shamalla’s name substituted with his claiming that he is from the minority Somali while she is from the Majority Luhya and represent no known special interest.

Noor filed an application under the certificate of urgency, stating that Jubilee Party illegally gazetted Shamalla as a nominee to the National Assembly.

He claimed that IEBC illegally Gazetted Shamalla as a nominee of Jubilee Party to the National assembly to represent special interest yet there was an order from the Political Parties Dispute Tribunal stopping the same.

“The action is against a decree and order issued by the Political Parties Disputes Tribunal on July 29, served by the Jubilee Party, owing to the fact that Shamalla will be sworn in on August 31,” Noor said in the affidavit.

He is seeking leave to be granted to apply for an order of certificate for purposes of quashing the gazette notice, which relates to the nomination of Shamalla by the party to the National Assembly.

Noor wants the court to prohibit the Parliamentary Service Commission from swearing her in as a nominee.He also wants an order to compel the IEBC to gazette him as a nominee of Jubilee Party to the National Assembly to represent the marginalised group.In his application, Noor also asked the court to summon IEBC chairman Wafula Chebukati to appear and show cause why he should not be cited for contempt.

He filed the application on grounds the parties tribunal issued a decree, directing Chebukati and the chairman to strike Shamalla’s name off the list of nominees of Jubilee Party to the National Assembly.
The tribunal further ordered that the IEBC reconstitutes the party list in accordance with the law.
“Chebukati has failed, neglected and refused to comply with the decree of the Political Parties Disputes Tribunal made on July 29,” the affidavit said.

Mr Noor supported his affidavit by saying that he is fit for the position as he comes from the marginalised community and he is a member of Jubilee Party.

 

INVESTORS SUED OVER SH 13 BILLION PROJECT.

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Lawyer Donald Kipkorir outside Milimani Commercial court after filing a case against German and British companies over 13 shillings hyacinth contract.

BY SAM ALFAN.

A German and British investors sued for 13 Billion shillings energy project in Homabay County.

Watts Dynamics Limited through Lawyer Donald Kipkorir claims that the idea for a power plant to run on hyacinth and developed the same between the years 1998 and 2006.

The firm argues that it conducted successful laboratory testes and thereafter sought partners to undertake feasibility tests for the said Biomass Power Plant Project.

It then provided the German African Energy Council GMBH and PetSchow and Thiel Project management the details of the said project for review on the technical and economic viability.

He claim that the other defendants have by way of false misrepresentations and with intent to defraud it, have fully taken over the Biomass Power Plant Project without appropriate compensation.

They claim that as a result of the said fraud and misrepresentation the company has suffered and continues to suffer loss.

The company claims that the two respondents represented themselves to the Equinox Energy Capital Limited that they can complete or cause to be completed the Biomass Power Plant without their input who are the initiators of the project.

“The plaintiff has now learnt with consternation that the respondents are near completion of the Biomass Power Plant Project and are just firming up minor details, “claims Watt Dynamics Limited.

They claim that the two defendant’s main obligations were to drive the project form a technical and financial perspective, to provision of all finances to complete the project.

They want the court to declare that Watts Dynamics Limited is a bonafide shareholder of Thika Way Investments Limited.

Further they want the court to issue a permanent injunction be issued restraining the defendants from transferring , selling offering sale ,advertising for sale or in any other manner whatsoever dealing are with the Biomass Power Plant Project for 25 years.

Similarly the company is seeking general damages for breach of contact against the respondents.

Hearing to proceed for further directions.

ELECTION COSTS HUSBAND DEAR WIFE.

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James Waweru who his political difference with his wife Naomi Syombua has cost him his marriage speaking to NairobiTimez.com on Thursday August 31,2017/PHOTO BY S.A.N.

 

BY SAM ALFAN.

The election flood came, went with its usual victims hopes and promises. It left a trail of heartbreaks, career suicides and even marriage wars.

Before carrying everything on its way, it brought together friends and nemesis, cultivating political hatred and differences which have adversely been displayed in the country since.

Social media and public events have seen messages of hatred spread like bonfire with a majority of leaders and social media users calling for peace and tolerance.

But the thought of homes getting broken due to such differences has not been much of a thought but evidently, there are a lot of homes experiencing the heat.

James Waweru is a devastated man. His political difference with his wife Naomi Syombua has cost him his marriage.

“Kuna wakati tulikuwa tunawatch tv. Ulikuwa ni ule wakati wakamba walimpigia Uhuru nduru sasa nikaambia bibi yangu, wakamba kama hawatampigia Uhuru na Mutua kura, watakuwa wajinga…..(There was a time we were watching tv. It was that time when Kambas booed Uhuru. So I told my wife, if Kambas won’t vote Uhuru or Mutua, they will surely be fools” said James.

It is those words that led Naomi pack and walk out of their 21 years of marriage.

His love for the president should not have been stronger than his marriage, he regrets. And now all he wants is for his wife and children to come back home.

He says he cannot stand the celebrations knowing his own marriage is at stake.James Waweru and Naomi Syombua are among the many couples struggling with difficult political differences in mixed marriages considering the kind of emotions many people invest in political leaders and parties.

Video to follow

MAN WHO KILLED LOVER MET ON FACEBOOK TO FACE CHARGED.

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Richard Nyakina is alleged to have killed Lydia Nyaboke on the 23rd July 2017 before a Nairobi Court.

BY NT REPORTER.

A man who allegedly killed 26-year-old woman on their first date was this morning arraigned in court to face murder charges.

Richard Nyakina is alleged to have killed  Lydia Nyaboke on the 23rd July 2017.

According to the charge sheet presented in court by the prosecution it is alleged that he committed the offense at unknown time at Ngong Forest Mutuini Block in Dagoreti South,Nairobi County.

He however did not answer to the charges since he did not have a lawyer to represent him.

The plea was deferred to 7th of September.

It is alleged that the deceased was staying with her younger brother in Ngara, Nairobi, was reportedly meeting her boyfriend for the first time and had promised to be back before the end of the day.

According to one of the local daily, the body of an unknown woman had been found there and  taken to City Mortuary.

The newspaper further said confession of the suspect and the report in the police occurrence book at Mutuini Police Post prompted the detectives to call the family.

The police then accompanied Japheth to City Mortuary where he positively identified the body.

Lydia’s father Zachariah Mogeni Onono and mother Irene were called to Nairobi on Sunday and they also helped to identify the body yesterday. A postmortem report indicated Lydia died from strangulation.

Richard Nyakina, the suspect, told investigators that he had known Lydia for over a year and he killed her for allegedly cheating on him.

He told the detectives that on the fateful day, Lydia received a call from another man who was referring to her as ‘sweetie’ and upon demanding to know who the caller was, an argument ensued.

He then hit her on the head and later used her bra, blouse and shoe laces to strangle her to death.

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