Bungoma Senator elect Moses Wetangula bodyguard Simon Lonyia before a Nairobi Court on Wednesday August 30,2017.
BY SAM ALFAN.
Bungoma Senator elect Moses Wetangula bodyguard of of General Service Unit (GSU) headquarters VIP protection has pleaded not guilty to two criminal counts.
Simon Lonyia who was arraigned before a Nairobi Chief Magistrate Francis Andanyi is alleged that on the 28 of this month at around 15:54 at Supreme Court along City Hall Way in Nairobi created a disturbance in a manner likely to cause breach of the peace by pushing Robinson Thuku who is the OCPD Central Police Division and other police officers who were Manning the main security gate.
According to the charge sheet Lonyia is alleged to have forced his way into the supreme court room while armed with a firearm.
He faces a second count of willfully resisting a police officer in due execution of police officers duties contrary to section 103(a) of the National Police Service Act security gate.
He was however released on a free bond of 20,000 shillings.
The court directed him to deposit his identification card.
Lawyer Charles Mwongela for Members of the Orange Democratic Party (ODM)/ FILE PHOTO.
BY SAM ALFAN.
BY SAM ALFAN.
Members of the Orange Democratic Party (ODM) want to stop the gazettement of members of the County Assembly of Homabay.
Ms Amina Osmail, Hellen Adhiambo, Ruth Adoyo and Lorna Owina contend that there were glaring irregularities during the submission of the nomination list.
They told the court that there were unlawful amendments to the Party list submitted by the ODM to Independent Electoral and Boundaries Commission (IEBC).
The four want the nomination of other four women Rael Achieng’, Pamela Akinyi, Jane Ojowa and Beatrice Achieng’ stopped.
“Unless the court intervenes immediately and grant the orders sought, IEBC will proceed to gazette seats in Homa-bay County Assembly on the basis of the unlawful amendments to the ODM party lists,”
They thus want the court to stay any amendments to the party list submitted by the ODM party to the IEBC and published in the local dailies pending the hearing and determination of the petition.
Appearing before Judge John Mativo, IEBC lawyer Charles Mwongela said that they had just received the submissions and required time to respond to it.
“We were served on Friday and we did not have enough time to respond to the allegations,” said Mwongela.
Justice Mativo directed the applicants to serve the respondents who are ODM, IEBC and the four nominees who are the interested party within 7 days.
Joseph Mukoma Muthee before a Nairobi Court where he pleaded not guilty on Monday August, 28,2017.
BY SAM ALFAN.
A man has been charged for stealing millions from unsuspecting Kenyans that he could exchange their foreign money to Kenya shillings.
Joseph Mukoma Muthee is accused of stealing over 19 million on diverse dates between June 2014 and 31 October 2016 in Nairobi.
His other accomplices are however on the run.
He took the money from Ms Mercy Njeri, Nicholas Kihara Njoroge and Mr Samuel Gocho Wambu.
According to court papers, Muthee is accused of falsely pretending he will facilitate the sale of Germany Rupee made of Mercury and that the money could multiply a hundreds times after six months.
Muthee however denied the allegations before Nairobi resident Magistrate Miriam Mugure.
He was released on a cash bail of 700,000 and a bond of 1.5 million.
President Uhuru Kenyatta lawyers Ahmednasir Abdullahi and Evans Monari speaking to reporters after filing of the president Kenyatta response to Raila Odinga petition.
BY SAM ALFAN.
President Uhuru Kenyatta has trashed petition filed by Opposition leader Raila Odinga.
“We are not computer generated leaders-Uhuru answers Raila as he trashes the election petition
President Uhuru Kenyatta has opposed NASA election petition saying that he won fairly.
In his affidavit the president says that hat he attended over 600 rallies in practically every part of Kenya to seek a second term .
In a sworn statement filed in court in opposition to Nasa’s petition, President Kenyatta denied claims by his main challenger, Mr Raila Odinga, that he used State resources and civil servants to campaign for his re-election.
Kenyatta says that they are not computer generated leaders.
The president says that his strategy succeeded as demonstrated bythe electoral results in all six elections .
Further he argues that the August 8th polls were conducted peacefully and in accordance with the law and International law.
“I deny that I corruptly influences voters in the run up August 8th elections as alleged by Raila Odinga,”argues Kenyatta.
Raila’s claims the president says are vague and generalized due to want of material particulars .
“I deny that i contravened the rule of law and the principles and the conduct of a free and fair election through the use of intimidation,coercion of public officers and improper influence of voters .
“The allegations are devoid of any evidentiary or legal basis,”says Uhuru.
The president says that Raila”s allegations are a violation of deputy presidents rights to natural justice as it charges Ruto with an offense when he’s not a party to the petition and accordingly has no opportunity to respond to the allegations.
“I deny that while addressing campaign rallies in Makueni,i threatened the local chiefs who were not campaigning for me,”reads the affidavit .
Uhuru says the true position is that he was cautioning chiefs not to depart from their obligations to maintain political neutrality.
President Uhuru Kenyatta signing his affidavit graced by his legal team.
Uhuru wants the seven Supreme Court judges to dismiss the election petition filed against him.
He added that he was not aware of any Cabinet secretaries who actively campaigned for him and that in any event, Section 23 of the Leadership and Integrity Act exempted Cabinet secretaries from the requirement of political neutrality.
The President also defended a massive media campaign launched by the Government during the elections to promote Jubilee achievements over the last five years, saying that they too, (Opposition) had freedom of expression to tell the public what they had achieved.
He reiterated that the work of Government, including launching projects and compensating citizens affected by the 2007-2008 post-election violence, was continuous and not suspended during the election period, and could form a basis for challenging his election victory.
Deputy presidential chief agent Winifred Guchu argued that there were no significant numerical discrepancies between Form 34A (polling station results) and Form 34B (constituency tally) as alleged by Dr Oduwo in his affidavit in support of Raila’s petition.
“I now produce a report that demonstrates that after reconciling discrepancies in the forms attached to Oduwo’s affidavit, the net effect is that the petitioner’s tally improves by 595 votes while that of JP candidates decreases by 1199 votes.”
The President’s team was led by lawyers Ahmednasir Abdullahi, Katwa Kigen, Tom Macharia, Evans Monari, Ken Ogeto,Jubilee Party Director of legal services ,Marry Kagen Jubilee chief agent Davis Chirchir and his deputy Winnie Guchu.
Lawyer Edwin Kirunja Njagi before a Nairobi on Wednesday August 23,2017
BY NT REPORTER.
A city lawyer has been charged with obtaining by false pretences sh 13 million from three women and a man by pretending he was in a position to sell them a portion of land.
Edwin Kirunja Njagi allegedly obtained sh 8,625,000 from Frances Wanjiru Gathemba jointly with others not before the court on diverse dates between May 12 2009 and November 17, 2010.
The court heard that he obtained the money by falsely pretending he was in a position to sell her a 1.5 acres of land situated along Eastern bypass at Githurai 44 a fact he knew to be false.
He faced a similar count of obtaining sh 840,000 from Lucy Nyambura Mwaura and sh 620,000 from Glory Kagwiria Kaumbuthu by falsely pretending he was in a position to sell them a land along eastern bypass at Githurai 44.
Njagi was also charged with obtaining by false pretence sh 3 million from David Mwangi Kiarie.
Lawyer Edwin Kirunja Njagi escorted to Milimani law court basement cells on Wednesday August 23,2017
He allegedly committed the offense on diverse dates between December 16 2010 and June 25 2011 at Shankardass House in Nairobi.
He appeared before Chief Magistrate Francis Andayi and denied the charges.
The court released on a bond of sh 1 million or a cash bail of sh 300,000.
High Court Environment Judge Bernard Eboso who will rule on Friday whether the use and manufacture on Wednesday August 23,2017/PHOTO BY S.A.N.
BY SAM ALFAN.
Will the court order continued use of plastic bags?
A ruling will be delivered coming Friday over their use and manufacture.
Kenya Association of Manufacturers (KAM)has asked the court to suspend the ban to be effected from next week Monday.
Manufacturers argue that the gazette notice issued in March this year on the ban of plastic bags is tantamount to economic sabotage to millions of Kenyans who have invested heavily and depend on plastics bags for a living.
“The ban will lead to the loss of about 60,000 jobs directly, and another 400,000 indirectly, “claims KMA.
The association CEO Phyllis Wakiaga claims that there are gaps in the regulatory framework as well as weak enforcement mechanisms in the Gazette notice banning the use of plastic bags.
However, the government through lawyer Eredi Oscar dismissed the allegation and submissions by the applicants saying that the ban is specific and urged the court to dismiss the application on grounds that it has no basis.
It was the government position that the six months’ notice issued to the petitioners is reasonable, more so considering the fact the fact that there have been prior engagements with plastic sector since the year 2005 when the government first attempted to ban the use of plastic bags in the country.
Eredi submitted that there’s need to have a plastic free environment adding that Public interest outweighs the petitioner’s economic interest.
Meanwhile the government has ruled out extension of August 28 plastic bag ban order and said it has lined up to 40 manufacturers to exhibit on alternatives packaging materials from Thursday in Nairobi.
Senior Assistant Commissioner of prison and Officer in charge of Kamiti Maximum Security Prison Henry Kisinyo explains to Milimani Chief Magistrate Francis Andayi what happened the day terror suspect Salim Muhammad alias Osama was assaulted by prison officers inside the Kamiti prison on Tuesday August 22,2017/PHOTO BY S.A.N.
BY SAM ALFAN.
A terror suspect remandee who claimed last week he was assaulted by officers at Kamiti maximum prison attempted to escape from most secure prison, court heard.
The Officer in charge of Kamiti Maximum Security Prison Henry Kisinyo has told a Nairobi court that, the two terror suspect who he described to be dangerous may be charged with attempted murder of a senior prison warder.
And while giving his explanation, Kisinyo informed the court that on August 15,2017 some four prison warders were controlling another terror suspect by the name Charles Rashid Mbereso who is suspected to be mentally sick when Salim Muhammad and another remandee attacked the officers.
He told the court that one of officers an inspector who was heading them was physically attacked by the suspects who caused injuries on him as they pull him to their cells.
Kisinyo who is also a Senior Assistant Commissioner of prison explained before Milimani chief magistrate Francis Andayi that one terror suspect Salim Muhammad alias Osama a Morocco national who is being held at the same prison for another offence of planning attack in Kenya and another terror suspect attacked a prison warder of the rang of inspector beating him up and pulling him into their cells.
The officer had been summoned to appear in court and shed light on why prison warders assaulted and tortured Salim Muhammad at Kamiti prison.
The magistrate had issued summons after Muhammad complained that he was assaulted at the prison. The suspect appeared in court while heavily bandaged on the head and his left arm.
“The matter has been reported to police and the police are investigating the matter with aim of charging the prisoners with attempting to escape from prison and attempted murder of inspector Julius Lekulal,”said the prison boss.
Kisinyo said the other officers raised an alarm upon which others officers rushed to the scene and controlled the situation.
He said ordered Muhammad to be taken to another separate room for his safety and reported the matter to Kiambu DCI for further investigation.
The court heard that Muhammad and another suspect climbed to the top roof of the Kimiti building where they took cover for some times before Kisinyo esured them that nobody was going to harm them.
Salim Muhammed alias Osama who claimed he was assaulted and tortured inside Kamiti prison before a Nairobi Court on Thursday August 17,2017.
“I wish to state that remand prisoners in my custody are very dangerous prisoners who even pose serious danger to the court officials and it is my strong recommendations that they must always be in handcuffs whenever they are produced in court for mention or hearings of their cases. This has clearly demonstrated by the brazen assault on a senior prison officers,” said kisinyo.
A CCTV footage was also played in court showing how the four prisoners attacked the prison warders on the material day
The officer incharge further informed the court that surprise searches conducted in their accommodation cells on diverse dates have yielded two mobile phones, improvised crude tools and memory cards with videos for radicalization and terror activities.
He also said that in recent past he has received intelligence briefs of the remand prisoners planning to escape when they are being produced in court as well as plans to cause grievous harm to our officers.
However the magistrate ordered Muhammad to be escorted to Kiambu DCI office to record his statement over the alleged assault.
Earlier Lawyer Hassan Nandwa for Muhammad had asked the court to issue summons for the facility boss saying that his client was allegedly attacked at the prison by the warders when he went to rescue a fellow inmate who was being ‘disciplined’ by the warders before they called for reinforcements who beat him senselessly.
Nandwa also informed the court that the suspects has since been held under in-humane and degrading conditions where he is forced to sleep without blankets and on a cold cemented floor.
“We fear that if this treatment continues, he may succumb to the difficult circumstances in prison,” the lawyer informed the court.
The counsel also informed the court that the suspect has also been held under in-humane and degrading conditions where he is forced to sleep without blankets and on a cold cement floor.
“We fear that if this treatment continues, he may succumb to the difficult circumstances in prison,” the lawyer informed the court.
Nandwa conversely asked the court to halt such treatment and suffering subjected to the suspect.
“The facility boss should explain why such violation of human rights should be meted on my client,” he said.
A state prosecutor said he could see bandages on the head and left arm but could not tell under what circumstances the injuries were inflicted.
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.
Kenya Human Rights Commission( KHRC) got a temporary reprieve after high court suspended the decision by NGOs Coordination Board National Board to cancel its registration.
Justice Chacha Mwita in issuing the orders said that the court has to intervene so that the commission can continue with its operations.
The KHRC moved to court saying that that the decision by the NGO board to cancel its certificate is gross violation to fair hearing and should be overturned.
In an affidavit, the commission Executive Director George Mong’are Kegoro says that the respondents has continued to exercise powers of the Kenya Revenue Authority, the Immigration Department and the Central Bank of Kenya.
“It has acted in excess of jurisdiction without jurisdiction in gross abuse of office and the law, “claims KHRC.
The commission claims that NGO board has subjected the commission to arbitrary , harsh and depressive treatment thereby violating its right to dignified and humane treatment as guaranteed in the constitution.
They claim that they have been in existence for the last 25 years since 1994.
Kegoro argued that the petitioner’s image as an internationally renowned human rights organization is bound to suffer because the respondent has sensationally and maliciously associated it with tax evasion, money laundering, misappropriation and embezzlement of donor funds.
Stephen Maina Mburu and Patrick Karumba before a Nairobi court on Tuesday August 22,2017/PHOTO BY S.A.N.
BY REPORTER.
Two city residents have been charged for attempting to destroy public property during Governor Mike Sonko’s inauguration.
The two Stephen Maina Mburu and Patrick Karumba were arrested by officers from Central Police Station, after they were informed that the duo had damaged a huge water tank constructed near a public toilet located near the National Archives.
The intention was to pave way for a private developer.
According to the prosecutor the accused wanted to destroy the property and lay claim to the site.
They denied the charge before resident Magistrate C. M Njagi and were ordered to deposit a cash bail of Sh 50,000 or bond of Sh 100,000 each to secure their release.
Proceedings resume September 5 and November 1 2017.
National Assembly has asked the court to dismiss a case seeking to stop the swearing in of MPs elected on August 8.
Parliament holds that the President is yet to gazette the place and date of the first sitting of the new house and as such the suit is premature and misplaced.
“No prejudice or harm shall be caused to the women lobby group if the members of the 12th National Assembly will be sworn in,” court heard.
Speaker of the National Assembly, Justin Muturi, told the court that it is not possible to have the alleged legislation enacted unless the members of the 12th parliament are sworn in and allowed to carry out their constitutional mandate in accordance with the constitution.
Further the court heard that failure by Parliament to enact the said legislation cannot be remedied by an order of the court stopping the swearing in of the Members of the National Assembly and the Senate.
“The orders sort by the petitioners are contradictory in that the same petitioners who seek to stop the swearing in of the members of parliament are also expecting the same court to give orders directing parliament to pass the necessary legislation to implement the two-thirds gender rules the first order of the business,“ speaker Muturi said.
In the case women lobby groups, CREW and FIDA want the reconvening of Parliament stopped for failing to meet the constitutionally provided two-thirds gender majority rule.
