Protus Ligare Simiyu before a Nairobi on Wednesday 9, August 2017.
BY NT CORRESPONDENT.
A voter has been charged in a Nairobi court with attempting to vote twice at Langata polling station.
Protus Ligare Simiyu who appered before Milimani chief magistrate Francis Andayi denied the charge and was released on cash bail of Sh
50,000 pending the hearing of the case on August 24.
The court heard that on Augus 8,2017 at Langata road primary school centre 017 polling station No.8, having registered as IEBC vote unlawfullyhe attempted to vote twice.
He was arrested yesterday after gadget detected he had earlier voted and he attempted vote again in the evening.
In the same court Stephen Onyango Oriedo was charged with being in illegal possession of police uniforms, handcuffs and a police radio pocket phone without.
He is also accused of wearing police uniform without authority. The magistrate ordered him to be released on Sh 200,000 cash bail pending the hearing on August 22.
Terror suspects Abdinoor Adan Dakane ,Alinoor Osman Adam and Abdifatah Abdi Hassan before a Nairobi Court on Wednesday 9 August ,2017.
BY NT REPORTER.
Three young men accused of planning terror attacks in the country have been charged before a Nairobi court.
The accused Abdinoor Adan Dakane ,Alinoor Osman Adam and Abdifatah Abdi Hassan who appeared before Milimani Chief magistrate Francis Andayi denied several terrorism charges levelled against them by the state.
Prosecution alleges that at on August 3 the accused persons jointly with others not before court conspired with unknown persons in Somalia to conduct terror attacks in the country.
The court heard that on the same date at Anti-Terrorism Police Headquarters in Nairobi , they were found to be members of a terrorist group Al-Shabaab .
According to police, Abdi Osman was arrested on Saturday in Eastleigh 5 street in Nairobi county.
Police claim that he is a somalia national who was in the process of fraudulently acquiring a Kenyan national identity card in Nairobi.
The magistrate ordered the accused to be remanded in custody pending bail application on 24 of August.
Head of Raila team lawyer Paul Mwangi, Ochieng Oginga (center) wele Jackson leaving Milimani law court on Monday August 7,2017/ PHOTO BY S.A.N.
BY SAM ALFAN.
Kenya Defence Forces (KDF) says it will not deploy it soldiers to play any role in the management and Conduct of the general elections set for tomorrow.
In an affidavit by Brigadier Fredrick Lokia say that that threes no directive or order that has been issued to the Defense of Forces or its Units for Operations intended to disenfranchise Kenyans or a section thereof or to participate in the management of the elections.
“However the need to protect and safeguard the maintenance of national security as defined under article 238 1(1) remains an enduring tenant that cannot under any circumstances be abdicated to the detriment of Kenya’s, “says Lokia.
In his capacity as the chief of Operations, Lokia says CS ministry of Interior and Co-ordination of National Government and Cabinet Secretary Ministry of Defense have no powers to deploy the Kenya Defense under any circumstances.
He says that the joint exercise “Dumisha Utulivu” which was conducted publicly on 9TH June 2017 and 23rd June 2017 was a multi-agency exercise that was intended to train and evaluate the national security that include but are not limited to external threats such as the possible of activities of Al shabab.
“I verily believe that multi agency approach to national security is a constitutional imperative by virtue of Article 240(6)(a) of the constitution, “states Lokia
He was responding to a case in which NASA filed a case in which it is High seeking to stop the deployment of military for security operations during polls saying that it will scare away voters.
In the application NASA claims that deployment of military in specific areas without the approval of Parliament is illegal and aimed at intimidating voters and denying them the right to vote freely.
A three judge bench Judges Joseph Onguto, Chacha Mwita and……said that the urgency of the case raises serious constitutional issues which ought determination by the court. NASA during the hearing of the case said that the urgency seems to have been obliterated by the response of the KDF which has given an assurance that there is no intended immediate deployment of military during the elections.
However the question of when the military can be deployed remain a core question. The case will be heard on the 22nd of September.
Former presidential aspirant and leader of Women Empowerment Kenya Organisation Truphena Moraa Ochwangi together with her lawyer David Ayuo leaving Milimani Law Court after filing a case seeking the removal of Kenya Defense Forces from Somalia on Monday August 7,2012 /PHOTO BY S.A.N.
BY SAM ALFAN.
A civil Society group championing women rights have moved to court seeking the removal of Kenya Defense Forces from Somalia.
Women Empowerment Kenya claims that the entry into Somalia by Kenyan troops has prompted numerous attack and loss of lives that the county is facing today.
“Before the invasion of Somalia by Kenyan troops, there was no terror attack in the county, “claims the women group.
Through its leader Truphena Moraa Ochwangi, says that the decision to invade Somalia seems to have backfired with terrorist attack rising in nine –fold, compared to the four years preceding it.
She claims that no one is safe since there is constant fear of an attack by Al-shabab.
She claims that the AG failed to provide proper advice to the Government on the legality of the Kenyan Defense Forces operations in Somalia adding that the Ministry of Defense overstepped its mandate by sending troops to a foreign territory without justification.
Further she argues that the United Nations Kenyan Forces to enter a sovereign territory in contravention of International Law and Order.
“It worries that only Kenya faces attacks by Al-shabab in the Eastern Africa region yet Somalia borders other countries. “Claims Truphena.
She claims that the Kenya will be free from terrorist attacks and radicalization of our youths if the soldiers are withdrawn from Somalia.
High Court Principal Judge Richard Mwongo at his camber /FILE PHOTO.
BY SAM ALFAN.
High court has dismissed a case challenging a directive that voters should stay out of a 400 meters radius from the polling station after voting.
Principal Judge Richard Mwangi ruled that there’s a legal basis for the establishment of the 400 meters for persons not involved in the counting of election results.
The learned judge directed that electrol body should however give members of the public access to the counted and signed results either at the entrance of a polling station or at a place convenient to the public.
The court further directed that where there are residence or homesteads within the 400 meters then police have no authority to evict the residence of the said areas.
“Police officers at a polling station have no authority to evict ,remove or handle the inhabitants and residents thereof in any manner will keep them out or away from their residence,”ruled Mwongo
In the case activist OKiya Omtatah wanted the order lifted saying it’s illegal and unconstitutional.
Omutata had argued that IEBC declaration is unconstitutional to the extent that evicting citizens from polling centres contrary to article 86(a) of the constitution which required elections be transparent.
He argues that Kenyans have legitimate expectations that they will vote, wait for results and then go home. If the court does not interdict the violations, the rule of law will be undermined
Omtatah further said his home is a few metres from the polling station, adding that it is unreasonable to expect him and members of his family to stay outside the 400m radius.
IEBC warned the opposition that only one agent per candidate will be allowed at a polling station on August 8.
Opposition leader Raila Odinga said his team will deploy at least 10 agents to every polling station. Some will take videos and photos of electoral materials, including Forms 34 and 36.
Raila’s camp plans to use the records as “irrefutable evidence in case the election results are challenged.”
There were claims Cord lost the 2013 election after it failed to deploy agents in Jubilee strongholds.
NASA is also seeking Sh410 million from well wishers for the ‘adopt a polling station’ strategy for guarding its presidential votes.
Former Chase Bank Chairman Mohammed Zafrullah with his lawyer Cecil Miller inside a courtroom waiting for a ruling on Wednesday June 28,2017 / PHOTO BY S. A. N.
BY SAM ALFAN.
A Nairobi court has issued summons for four former managers of Chase Bank to appear in court to plead to the charges of conspiring to defraud the bank over Sh 1.6 billion.
Milimani senior principal magistrate Martha Mutuku issued the summons for Abdul Ahmed, Ghanrish Omar, Amiran Claudia and Mohammed Khan after their lawyer Cecil Miller strongly opposed prosecution application asking court to issue warrant of arrest against the suspects for failing to appear in court for plea taking.
Miller requested the court not to issue arrest warrant against his clients, saying that they did not deliberately failed to attend court since they had previously presented themselves to Banking Fraud Investigations Units (BFI) investigators for purpose of taking their finger print and recording their statements before pleading to the charges.
The lawyer assured the court that he will personally present them to court during the next mention of the case on September 4 without further delay. The magistrate granted Miller’s request and issued only summons for the suspects.
The four are jointly charged alongside former Chase Bank chairman Mohamed Zafrullah Khan and three other also senior former managers namely Ducan Kabui Gichui, former Group Managing Director, James Mwenja General manager credit and Makaros Agumbi, Financial General who have since denied various counts of fraud And they are out of Sh 2 million cash bail each.
They were granted bail following successful application by Miller who informed the court that his clients are not a flight risk.
The accused persons are charged that between August 28 2009 and March 31 2016 conspired with intent to defraud Chase Bank limited by means of pretending that the disbursement of Sh1.6 billion they effected from internal account of the Bank to the accounts of Camelia investments Limited, Cleopatra Holdings Limited, Golden Azure Limited and Colbrook Holding Limited were genuine loan facilities to the entities and were disbursed in the ordinary process of loan process flow.
Last week high court has rejected a request by the prosecution to vary an order allowing ex- Chase bank boss Zafrulla Khan and 7 others permission to travel out of the country.
An applicant, the Director of Public Prosecutions (DPP) had informed the court that if Khan is granted permission to travel out of the country, there was a chance that he would not return back to the country.
DPP sought the passport should remain detained in court during the pendency of the trial as part of conditions attached to his release on bail pending trial, something we thought had been resolved at the trial court. Khan through his lawyers Cecil Miller and Peter Wena filed a replying affidavit in which they opposed the basis upon which DPP filed its application in the high court criminal division .
Justice Luka Kimaru reaffirmed that the trial court gave straight orders when it reviewed Khan’s bond whose terms were that he deposits his passport in court and may apply for its release whenever necessary.
Chase bank collapsed in April 2016 and has since been under the control of Central Bank of Kenya(CBK).
Controversial preacher Gilbert Deya before a Nairobi court where he pleaded not guilty to five charges of child trafficking on Friday August 4 ,2017/ PHOTO BY S.A.N.
BY SAM ALFAN.
The controversial preacher Gilbert Deya was today morning arraigned in court and pleaded not guilty to five charges of child stealing.
Deya appeared before Nairobi chief Magistrate Francis Andayi after his appeal over the extradition request was rejected by a UK court.
Gilbert Deya, is alleged to have stolen five Kenyan children -“Miracle babies “between 1999 and 2004.
He was however been remanded at Kamiti Maximum Prison until the 10th of this month when the court will rule on his bail application.
Through his lawyers Deya asked the court to release him on bail saying that he’s not a flight risk and will abide by court directions.
“He’s a resident of Bondo and has a family in the country .He is an archbishop who has 36,000 members in London alone.
The accused is not a flight risk,” argued Deya’s lawyers.
The court further heard that Deya has no desire to interfere with the investigations in any way adding that Investigations were done more than 10 years ago.
According to the lawyers Deya was taken to Government chemist where he gave samples of his saliva for purposes of DNA test.
“There are no compelling reasons to have Deya detained, “submitted lawyer Cliff Ombeta.
The court was told that Deya has been fighting the extradition process for 12 years.
However the prosecution objected the application to have Deya released on bail saying that he cannot be trusted.
Through state prosecutor Nicholas Mutuku, the court was told that Deya does not deserve the privilege of attending court from his home.
“If he has a family and a fixed abound why did he run away,” asked the prosecutor.
Mutuku dismissed the arguments by the defense saying that if released on bail, Deya will not comply with the condition of the court.
In 2011 the wife of the controversial UK-based preacher Mary Deya was imprisoned by magistrate Grace Nzioka for stealing a child and giving false information. The magistrate upheld medical evidence presented in court that she was not the baby’s maternal parent and ordered her to serve three years on each count.
Similarly High Court judge Msagha Mbogholi rejected her appeal and upheld her conviction and sentence for stealing the baby boy at Kenyatta National Hospital in 2005
Justice George Odunga who has ordered IEBC to publish voters register in media within 48hours.
BY SAM ALFAN.
High court has directed IEBC to publish in the media a confirmation that the register is open for inspection within 48 hours.
“As there is no evidence that the register was open before these processings were instituted, “ruled Odunga
Justice Odunga gave the directions in a case in which Africa Centre for Open Governance (Africog) director Gladwell Otieno wanted the electoral agency compelled to publish and open up the voter register for public inspection as clustered per polling stations.
Further the court declined to stop IEBC from distributing a purported register of voters to returning officers for use in the General Election before being subjected to public inspection in a reasonable time frame. The court said that by doing so it will be interfering with the preparation of the general elections.
“Doing so , it will be stopping IEBC from carrying its statutory duties .Thers nothing to ne restrained,”said Odunga
The judge declared that in the future , IEBC should ensure that the voters register is open for inspection by members of the public at all times for the purpose of rectifying particulars therein.
In addition , judge Odunga declared that within 90 days to the general election, the register of voters should be open for scrutiny for a period of at least 30 days.
This is after a voter moved to court seeking IEBC compelled to make public the voters register before elections.
Executive Director Gladwell Otieno of Africog is seeking enough time for the public to peruse the register before elections.
Ms Otieno argues that section 6 of the Election Act and Regulations 33 of the Elections requires that the register of voters be opened up for inspection by voters 90 days before the election.
Africog also wants the court to prohibit IEBC from deploying a voter register for use in the general election slated for 8th August before it is subjected to public inspection as required under the law.
The Civil Society organisation further holds that there are noted inconsistencies in numbers declared by IEBC adding that the actual number of registered voters is not certain in some regions.
Ms Otieno says that an inspection of the register will enable voters scrutinize and ascertain the actual registered voters in their areas of concern.
In a certificate of urgency, the petitioner says that the continued non observance of the provisions of the law by Chebukati led commission constitute a threat to the rights and freedoms to have a free and fair election.
Meru Governor Peter Munya battle challenging his removal as the chairman of Party of National Unity (PNU) will be heard next month.
Appearing before Justice Roselyn Aburili of Court of Appeal, lawyer Paul Muite said his client is interested in knowing whether the Political Parties Tribunal can overturn the orders of the High Court.
In June 22, the tribunal ruled that Munya and his group, who claimed to be officials of PNU, were illegally in office. The Tribunal ruled in favour of Alphonce Mbida, the petitioner, who argued that the party officials were not properly elected. The tribunal ordered them to vacate office within 7 days.
But Munya moved to the High Court immediately and obtained orders, suspending the decision, pending the determination of his case.
In the ruling, the tribunal chaired by Kyalo Mbobu had ruled that Munya’s team, which took office on October 28, 2016, hand over office to the previous officials until a proper delegates’ meeting is held.
But Munya has maintained that he is the custodian holder of all PNU elements, constitution and equipment.
Although Muite wanted the file to be returned to Deputy Chief Justice for directions, Justice Aburili ruled that there was no need and she can hear the case. She directed the parties to file and serve their papers within 10 days and appear before her on September 19,2017 to confirm whether the parties will have complied with the directions.
Munya, who is defending his seat on a PNU ticket, is supporting President Uhuru Kenyatta’s re-election. He will be battling with Jubilee’s Kiraitu Murungi for the Meru governorship.
The governor has been facing several legal battle over the party leadership.
Nairobi House Limited Lawyer Philip Nyachoti making submissions.
BY SAM ALFAN.
Nairobi House Limited has sued the daughter of former powerful Cabinet minister, the late Mbiyu Koinange seeking orders to evict her from a prime seven acre of land valued at Sh 2.4 billion in Lavington Nairobi county for illegal acquisition .
The private company through Lawyer Philip Nyachoti has accused the businesslady Lennah Catherine Koinange of trespassing on the property and started sub division, evacations and constructions on land next to Muthagari police station.
The firm also wants a permanent injunction restraining Ms Koinange from further claiming the land or developing on the disputed land since the company has a valid title deed with 999 years lease from 1910.
The long-running property ownership battle of the seven acre of land has now dragged in court for over a decade.
Nairobi House limited in their court papers also claim that they owned the land before 2016 when Ms Koinange invaded it using armed gunmen and started illegal construction of a perimeter fence.
In the suit filed in the High court before justice Mary Gitumbi the firms also claims that it is unable to develop the property illegal occupation by Ms Koinange’s and its complaints to the police and several government agencies have gone unheard.
In February 2007, High Court Judge Roselyn Wendoh had directed that Ms Koinange’s claim to the seven-acre land was illegitimate and the ownership documents she had presented were fake.
She had also unsuccessfully pleaded with the High Court to stop criminal proceedings against her, with the judge dismissing the suit with costs.
Earlier Ms Koinange was charged at Kibera Law court’s after the police claimed that the acquired land ownership documents she has are forgeries.
The company also claims that the Nairobi County government announced in March,2017 that the land in question “does not exist since the area now includes busy Nairobi City County Roads, one being Kabasarian Avenue”.
” The National Land Commission has established that the disputed land is rightfully owed by Nairobi Housing limited and issued a letter to the Inspector General of police on March 7 2017 requesting for intervention to enable the applicant access the land,” says the Nyachoti.
According to lawyer Nyachoti, Nairobi House Limited had proved ownership of the property.
The Judge directed the parties to file their papers before October 24.
