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JUSTICE ODUNGA ORDERS IEBC TO PUBLISH VOTERS REGISTER WITHIN 48 HOURS.

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Justice George Odunga who has ordered IEBC to publish voters register in media within 48hours.

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.

MUNYA CASE CHALLENGING HIS REMOVAL AS PNU CHAIRMAN PUSHED TO NEXT MONTH.

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Meru Governor Peter Munya.
BY SAM ALFAN.

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.

MBIYU KOINANGE DAUGHTER IN FRESH 2.4 BILLION LAND CASE.

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Nairobi House Limited Lawyer Philip Nyachoti making submissions.

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.

FATE OF CURFEW ORDER SET FOR FRIDAY.

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NASA lawyer James Orengo.
NASA lawyer James Orengo.
BY SAM ALFAN.

Voi High court will on Friday deliver a judgment on whether curfew imposed in Lamu, Garissa & Tana River will be lifted or not.

NASA claims that the curfew will infringe voter’s right in the areas during the elections.

The National Super Alliance wanst the court to declare the curfew in three counties declared null and void.

The opposition claims that the effect of the curfew imposed is that the voting time has been limited and that there shall be great delay in the start of the exercise on the voting day).

“As a result of the curfew, the petitioner is apprehensive that the curfew shall result in the infringement of its political rights and those of citizens of the counties,” argues NASA.

CS Interior, Inspector General of Police, National Police Service and the Independent Electoral and Boundaries Commission (IEBC) have been named as respondents in the case.

IEBC says that it has put in place regulations to govern the voting exercise in areas where curfews have been imposed.

The electoral commission says that presiding officers at every polling station is empowered under rule 64(1) of the Election Regulations to adjourn proceedings at his polling station.

Further the commission says that presiding officers at every polling station is empowered to extend the hours of polling at the polling stations where polling has been interrupted or for other valid cause.

“Any delay in the opening of polls in the affected areas will be compensated by exercise of the provisions of rule 64(1) and 64 (3) of the Election General regulations, “says IEBC

While responding to a case filed by opposition seeking to have curfew imposed in Lamu, Garissa & Tana River lifted the commission says that it has complied with its constitutional mandate by putting in place measures to ensure there are free and fair elections within entire country and more specifically the three counties where curfew have been imposed.

In the case NASA claims that the curfew will infringe voter’s right in the areas during the elections.

NASA CASE FAILS AFTER JUDGES PULLOUT.

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Appellate Court Lady Justice Agnes Murgor who is among two judges who disqualified themselves from NASA case on back up system.

Appellate Court Lady Justice Agnes Murgor who is among two judges who disqualified themselves from NASA case on back up system.

BY NT CORRESPONDENT.

Appeal by opposition National Super Alliance (NASA) on election back up system failed to kick off for the second time after two court of appeal judges disqualified themselves from hearing the appeal.

Appellate judges Agnes Murgor and Gatembu Kairu cited various reasons as to why they cannot sit in the bench to hear the appeal.

Judge Kairu said that he is related to senior counsel Paul Muite while Murgor said that she has searched herself and is not able to hear and determine the appeal by the opposition.

Yesterday the hearing failed to kick off after Justice Kihara Kariuki disqualified himself on grounds that he had sat in another case-Ballot papers appeal filed by the same parties.

In the case NASA is challenging a high court ruling that ruled that IEBC had credible back up system in the 8th August elections.

NASA wants the court of appeal to overturn the decision saying court erred in law when it failed to stop IEBC from using a manual back-up system in case technology fails during the polls.

TAXI DRIVER ON RAPE CASE DETAINED.

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Taxi driver Anthony Kanyari Muga before a Nairobi court on Wednesday August 2, 2017 /PHOTO BY S.A.N.
BY SAM ALFAN.

A Nairobi court has detained a taxi driver for two days to investigate allegations of violently robbing and gun raping a female passenger.
Anthony Kanyari Muga appeared before Milimani senior resident magistrate Hellen Onkwani and denied two counts of robbery with violence and gun rapping a lady who boarded his taxi on 31st July at around 1.00 am near Ngara primary School.

Muga is alleged to have stolen clothes, a pair of shoes, a mobile phone, a handbag and cash Sh 31,000, all totaling to sh 54,800 .

Muga is said to have committed the offence with another man before court and wounded the lady after the horrific incident.

The prosecution was granted two days sought to complete investigations and  to take the accused’s samples to a government chemist.

However the accused through his lawyer told the court that he was arrested at River road parking lot on Tuesday and taken to Mbagathi hospital where tests were taken.

Prosecution informed the court that the accused was indeed taken to Mbagathi hospital yesterday but they are still waiting for the results.

Onkwani was also told that the tests at Mbagathi are not similar to the ones to be carried out by the government chemists.

The victim is said to have boarded the taxi registration number KCK 681K make probox to take her to Pangani.

Muga is alleged to have called another man by the name ‘Mwas’ who also got into the taxi.

However, the driver is said to have diverted along the way, stopped near Ngara area and attacked the victim inside the taxi.

The accused was granted a Sh 2 million bond which he will processes after the two days he has been detained.

The case will be heard on October 3.

US-BASED KENYAN BUSINESSWOMAN SENTENCED TO DEATH.

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Sheila Wanjiku Kibinge who is a PHD student before a Nairobi Court after she was sentenced to for killing his late husband.

BY NT REPORTER.

A US-based Kenyan businesswoman has been sentenced to death.

This is after the court found the PHD student guilty of shooting and killing her husband three years ago.

Sheila Wanjiku Kibinge has 14 days to appeal the decision.

While sentencing her to death high court judge Jessy Lesit said that the only sentence to murder is death adding that the offence committed by Wanjiku is very serious.

Wanjiku was found guilty of killing Leonard Kibinge on April 15, 2014 at Gitaru village, Kikuyu constituency.

Wanjiku had claimed she and her husband were kidnapped that night and that it was the kidnappers who killed Kibinge.

In her testimony, the woman said she walked away when she heard a blast before their car crashed into a fence.

Lessit said she found it interesting that after the incident, Wanjiku bypassed Kikuyu police station – a stone’s throw distance from the purported crime scene.

She opted to report the ‘kidnapping’ at Central police station in Nairobi.

The woman claimed she came to Kenya to process a visa for her husband so that they could relocate to the US.

 

JUBILEE REQUEST DENIED BY JUDGE ODUNGA.

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High Court Judge George Odunga who declined to suspended IEBC tender awarded to Dubai based firm Al Ghurai to print election materials.

BY SAM ALFAN

An attempt by Jubilee Party to have a matter referred to Chief Justice David Maraga to appoint a bench instead of hearing by Judge Odunga alone has been thrown out.

The application seeks to compel IEBC to make public the voter register.

Justice George Odunga in his ruling found that no compelling reasons were placed before him to allow for such a request.

“I decline to certify that this matter raises a substantial question of law to warrant reference of the same to the Chief Justice as required under Article 105(a) of the constitution and the application for the same fails and is hereby dismissed,” ruled Odunga.

Further the court ruled that the mere fact that matter is of public interest or substantial national importance does not necessarily qualify it to amount to a substantial question in law in order to warrant reference to the Chief Justice.

In the case Jubilee Party had asked the court to forward the file to Chief Justice David Maraga to constitute a three-judge bench.

Jubilee said no evidence has been tabled in court to prove the alleged inconsistencies.

The party further says IEBC has a web portal and a short message service where registered voters can send their ID details to confirm the correctness of their data.

ODM MEMBER WANTS NASA PRESIDENTIAL AGREEMENT SET ASIDE.

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Lawyer Marsden Osioma with Anita Kangotho for Reuben Odhiambo Miya who seeking to have NASA agreement that bars Orange Democratic Movement to produce presidential candidate 2022/PHOTO BY S.A.N.
BY SAM ALFAN.

A member of Orange Democratic Movement (ODM) has moved to court to seeking to have NASA’s agreement that blocks ODM party to produce presidential candidate set aside.

Reuben Odhiambo Miya has challenged the National Super Alliance (NASA) coalition agreement that bars the Party from producing a presidential candidate in 2022.

He claims that ODM, Amani National Congress (ANC), Forum for Restoration of Democracy-Kenya (Ford-Kenya) and Wiper Democratic Movement agreement infringes on his rights as an ODM member.

Mr Idhiambo claims it limits the political rights of individuals. He wants article 10 (A) b and c of the agreement deregistered.

The petitioner Reuben Odhiambo Miya is a member of ODM party. ODM, Wiper, Amani national congress and  Forum for Restoration of Democracy have been named as Respondents in the case.

According to the voter, the party leaders of the four political parties executed a coalition agreement by the name National Super Alliance (NASA) which was filed with the Registrar of Political Parties on February 22, 2017.

The coalition agreement provided that the coalition shall field a presidential candidate and a running mate. However, on April 27 the coalition nominated a presidential candidate and amended the coalition agreement.

The amended article read that the nominated presidential candidate in the a August polls shall not be eligible for another presidential nomination and that a presidential candidate shall be from a different party from that of the current Presidential candidate.

Through lawyer Marsden Osiema, the petitioner argues that the amended coalition agreement seek to curtail and restrict his political rights as a member of ODM.

According to him, ODM abdicated its duty to ensure that its member’s political rights are not infringed.

“The bar imposed on members of ODM by the renewed coalition agreement are contrary to the provisions of regulation 5 and 6 of the First schedule of the political parties Act,” he said in court documents.

The regulations 5 and 6 of the political parties Act require that every political party shall respect the rights of all personal to participate in the political process and be inclusive in all their political activities.

He wants the court to determine whether the coalition agreement that a coalition presidential candidate should be from a party other than that of the Presidential candidate in August polls violates the constitution.

Hearing to proceeds.

BISHOP WANJIRU OFF THE HOOK IN NOMINATION SQUABBLES.

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Bishop Margaret Wanjiru outside milimani law courts building after charges were withdrawn unconditionally under section 204 of the criminal procedure code.

Bishop Margaret Wanjiru outside milimani law courts building after charges were withdrawn unconditionally under section 204 of the criminal procedure code.

BY SAM ALFAN.

A Nairobi court has this afternoon withdrawn criminal case against Bishop Margaret Wanjiru. This is after the court was told that parties in the case have settled out of court the matter.

The charges were withdrawn unconditionally under section 204 of the criminal procedure code.

While withdrawing the charges Nairobi chief magistrate Francis Andayi ruled that the constitution allows cases to be resolved out of court.

Wanjiru was in April charged with creating disturbance contrary to section 95 (1)(b)of the penal code argued that her rights to fair trial was infringed.

It was alleged that she intentionally destroyed Jubilee party’s four ballot boxes together with other assorted papers all valued at 30,000 shillings. She was out on cash bail of 100,000 shillings.

High Court has  freed Bishop Margaret wanjiru this afternoon been granted a cash bail of 100,000 shillings.

This is after she moved to the higher court under a certificate of urgency through his lawyer Kennedy Ochieng saying that the magistrate court erred in law by detaining her for five days in police custody.

Judge Ngenye Macharia directed that the application be served upon the DPP for inter party hearing on the 10th of May this year.

Wanjiru filed a review of the magistrate orders arguing that the orders infringes on her fundamental rights.

“The applicant is hereby set free upon payment of cash bail of 100,000 shillings,court ruled.”

Nairobi Court had detained Bishop Margret Wanjiru for five days.

“A situation where there’s a threat of witnesses cannot be wished away. And in these case the prosecution told the court key witnesses runaway during the incident and they are yet to be traced and interest of justice will be well served if the court denies bail” said Magistrate.

He further said that though both offences are misdemeanors threat of violence during elections in Kenya is not something to be wished away.

Police had sought Bishop Margaret Wanjiri detained in police custody pending hearing and determination of a criminal case.

In an affidavit, Corporal Shadrack Mbila Police want Jubilee Governor aspirant candidate detained pending hearing and determination of her trial.

According to affidavit by Corporal Shadrack Mbila of Directorate of criminal investigation, the Jubilee governor aspirant was accompanied by a crowd of about 50 people who were rowdy and chaotic and stormed city park polling station in Parklands-Nairobi County.

The court heard that due to fear and apprehension the clerks fled from the scene .due to the tension. The court further heard that the said polling clerks are yet to be traced.

“The accused person is an influential member of the society and there is high possibility of the accused to influence and intimidate the potential witnesses who are yet to record statement.

Shadrack said investigations are still being conducted against Margret Wanjiru and others who are not before court, and there is a likelihood that more charges are going to be preferred against her.

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