Blog Page 337

UGANDA: MUSLIMS RAISE MONEY TO RELOCATE PORK JOINTS.

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Pork meet.
BY DAILY MONITOR.

Kamuli- A section of Muslims in Kamuli District have raised Shs16 million to acquire a piece land that is a hub of several businesses including pork joints.

This was during Idd prayers at their new site in the Municipal council on Sunday.

The planned site will house a mosque, a nursing and a primary school as well as a commercial building.

Kamuli Municipality MP, Hajat Rehema Watongola contributed Shs10 million in a fundraising drive aimed at compensating residents who run pork businesses on the land.

“As Muslims, we need to work as a team and ensure that Islam is well projected and support our causes. I commit Shs10 million to chase away the pig businesses,” Ms Watongola said.

Sheikh Haikal Abed the District Imam said the pork joints are an eye sore and cannot be close to their projects.

He said it is prudent to compensate pork business owners and relocate them elsewhere.

Kamuli District Khadhi Sheikh Ismail Kazibwe asked Muslims to unite and support each other by avoiding unnecessary divisions.

THE PORSCHE 911 TAKES TO THE ROAD.

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Porsche 911 takes the road.
BY PORSCHE COMPANY – PORSCHE NEWSROOM.
The moment the millionth example of the Porsche 911 took to the roads for the first time has been marked appropriately – with a road trip in the Scottish Highlands.

The Porsche 911 has, for more than 50 years, been focussed on delivering exhilaration and fun in an unrivalled package – and so it’s apt that such a significant car should cover its first miles on some of the most challenging and exciting roads to be found anywhere in Europe – in the beautiful Scottish Highlands.

A convoy of 911s – led by the one millionth example – embarked on an ambitious and demanding road trip. From the starting point at Edinburgh Castle, looking down on Scotland’s capital city, the road trip began under the watch of a police escort. As the sun rose, the 20-strong gathering of cars, comprising of an array of 911s spanning 50 years – from a 1967 Targa, via the 964, the 993, 996 and even a 959 and an incredibly rare GT1 – passed unimpeded through the streets of Edinburgh on their way to the Scottish West Coast and the Kyle of Lochalsh, just south of the Isle of Skye.

Driving the cars were journalists and enthusiastic private owners from around the world – joined by the 911’s Model Line Director, Thomas Krickelberg and GT Model Line Director, Andreas Preuninger. Over two days, the road trip covered nearly 500 miles. The versatility and performance of the 911 – two defining attributes of the car – came to the fore on the road trip, as the journalists drove the cars against a backdrop of spectacular scenery and in diverse conditions, from warm sunshine to heavy rain, the latter meaning the roof of the 997 Speedster was in frequent use. The cars coped without incident – covering the miles in spectacular style.

Porsche 911.
Porsche 911.

An overnight stop at Fonab Castle, overlooking Loch Faskally, near Pitlochry in Perthshire preceded a visit to the remote and dramatic Knockhill Race Circuit, located high in the hills above Edinburgh. At the track, the journalists were able to experience the other side of the 911’s character, with examples of the mighty 911 GT3 Cup cars taking to the circuit, with veteran racer Tim Harvey and Porsche Carrera Cup GB scholar, Charlie Eastwood, providing passenger experiences for the guests. Joining the racers were examples of the most focussed 911s in recent times, the 997 generation GT2 RS and the GT3 RS 4.0.

The road trip finished in Edinburgh – bearing the scars of their adventure, with brake dust blackening the wheels and dirt and road debris having accumulated over the one pristine bodywork of the millionth 911. The car hardly stopped moving over the course of its first 48 hours on the road – it was driven hard and treated like any other 911. It was an appropriately low key way of marketing such an occasion – doing what the 911 was always designed to do.

ATWOLI DRAGGED INTO THE SH115 MILLION THEFT BY COTU FORMER OFFICIALS.

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Former Central Organization of Trade Unions (COTU) Cornel Ogutu Nyagun testifying before a Nairobi Magistrate court on June 15, 2017.
BY NT REPORTER.

A Central Organization of Trade Unions (Cotu) former employee charged with stealing over 115.5million from Barclays Bank has denied claims by COTU Secretary General that he never knew the existence of the said account.

While defending himself over the allegations Cornel Ogutu Nyagun said that that COTU leadership knew the existence of the bank account. He further denied forging and uttering false documents form the union saying that the documents used to withdraw money were legal documents.

The accused person while defending himself said that they used to pre-sign cheques adding that the same cheques were signed by him, the secretary general Francis Atwoli and COTU chairman Rajab Mwondi.

He further testified that on 3rd April 2003, 200,000 shillings was withdrawn from the account. On that material day he was at home already suspended from work.

The accused also produces other documents which they used to pre-sign without indicating any amount or date.

Ogutu  said Atwoli was aware of the funds which was to cater for HIV/AIDS awareness campaign in the organisation and  was involved in the opening of an account at Barclays Bank which returned to haunt him into the dock.

“On November 6 2002 I received a call from Atwoli instructing me to meet at (the)  parking lot…in order to open the new account for the money which had been wired to COTU,” he said.

Ogutu said Atwoli instructed him “we open a new account  where the money would be deposited.”

Being cross examined by his lawyer,he claimed Atwoli was fully aware of the alleged fictitious bank account since he participated in the opening of the account using the official details of COTU and they were together  with  his co- accused person project coordinator, Millicent Ngeso, who is charged alongside Ogutu. He said my Atwoli was carrying a leather brown briefcase.

Ogutu was charged alongside Millicent Ngeso Ogila, a programme officer, They are out on a cash bail of 10 million cash bail.

The suspects allegedly withdrew the cash purporting they had been authorised to do so by the signatories of the union.

CONSTITUENCY RESULTS FINAL, APPELLATE COURT RULES.

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Appellate Court Judges, Justice Asike Makhandia, Kathurima M’Inoti, William Ouko, Patrick Kiage and Agnes Murgor who made a landmark ruling today.

BY SAM ALFAN.

Independent Electoral and Boundaries Commission (IEBC) has suffered a major setback after the Court of Appeal affirmed that results announced at the presidential election results as announced at the constituency level are final.

Returning officers posted in the 290 constituencies are required to electronically transmit results for the presidential contest to the national tallying centre in Nairobi for formal announcement by the Chairman of the Independent Electoral and Boundaries Commission (IEBC), Wafula Chebukati.

The EIBC boss will only be required to declare the winner of the presidential race through formal certification and notify the Chief Justice in writing about the outcome of the August 8polls.

The newly-elected Governors, Senators and Women Representatives will be announced at the County headquarters while results for Members of Parliament and Members of County Assemblies (MCAs) will be conveyed in constituencies.

The three-Judge Appellate bench in their 87 page ruling said the recent restructuring of electoral laws had provided for elaborate procedures to curb poll fraud and spelt out stiff punishment for offenders. Parliament had put in place measures to cure mischief to safeguard election results that were previously at risk of widespread manipulation,“ Justices Asike Makhandia, Kathurima M’Inoti, William Ouko, Patrick Kiage and Agnes Murgor said.

They said the IEBC Chairman had no power to unilaterally tally, verify, confirm and declare presidential results or to arbitrarily overturn the decision made by voters. Further, a few individuals could not be trusted with absolute discretion to handle the presidential results, they said.

The National Super Alliance (NASA) supporters and civil rights activists greeted the judgment against the IEBC in song and dance outside the Supreme Court premises. The petition had been filed in the High Court by activists Maina Kiai Khelef Khalifa abnd Tirop Kitur.

The Court of Appeal upheld the April 7 decision by High Court Judges Aggrey Muchelule, Weldon Korir and Enock Chacha-Mwita that results of the presidential race should be announced by returning officers and are not subject to confirmation by anyone else. In any event, the returning officers were required by law to keep safe custody of all election materials for at least three years in case of any election petitions.

The Appellate bench recalled that it was a criminal offence for anyone to mutilate or destroy election materials. Offenders risked Sh500,000 fine or five-year jail-terms in default.

The second-highest court in the land said the IEBC leadership had no power to confirm, approve or alter the outcome of the presidential vote after returning officers had tallied the ballots, declared the results and transmitted the final results to the national tallying centre in Nairobi.

By purporting to confirm the results, the Judges observed, the IEBC leadership was usurping the role of returning officers in direct conflict with their powers under the Elections Act.

The court dismissed arguments by the IEBC and the Attorney General, Prof. Githu Muigai, that the chairman of the national electoral agency was specially designated as the national returning officer for the presidential poll with the responsibility of overseeing and declaring the outcome after tallying and verifying results from across the country.

The Appeal Judges recalled that the former IEBC Chairman, Hussein Hassan had explained to the special committee co-chaired by Senators Kiraitu Murungi and James Orengo that the previous electoral regime was cumbersome and susceptible to manipulation. The committee had made sweeping recommendations for fool-proof safeguards that resulted in amendments to the Elections Act.

In the contested judgment, the High Court had held that the caveat that presidential election results at the constituency level are provisional and must be re-evaluated by the IEBC headquarters in Nairobi offends the Constitution  since any complainant it at liberty to mount a challenge through election petitions.

The three-Judge bench had ruled that Sections 39 (2) and (3) of the Elections (General Regulations) Act 2012 were in conflict with Articles 86, 87 and 138 of the Constitution by purporting to exclude the presidential poll results from those of Governors, Senators, Women representatives, MPs and MCAs.

This means manipulation of the presidential votes will become a tall order.

We will publish the copy of the ruling later.

NASA BID TO BLOCK AL GHURAI 2.5 BILLION TENDER TO PRINT BALLOT PAPERS FLOPS.

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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.

The High court has declined to stop the 2.5 billion Shillings ballot papers tender awarded to Al Ghurair printing firm.

Justice George Odunga certified the matter as urgent and gave the opposition-NASA a go ahead to pursue its case against IEBC and Al Ghurair printing firm.

Justice  Odunga further directed that the file be placed before the chief justice to constitute a three judge bench who will hear and determine the case challenging the tender awarded to the Dubai-based firm.

“The applicant has established a prime-facie case to commence for proceedings, “ruled Odunga

The parties in the case have urged the court to hear and determine the matter expeditiously saying that the matter is of great interest in the country.

The matter will be heard on the 27th of this month.

NASA says that the decision to award the 2.5 billion Shillings tender to Dubai-based firm violates the legitimate expectation of NASA adding that the move was actuated by ulterior motives.

In a certificate of urgency filed yesterday the opposition claim that the respondents misapprehended the law thereby made a fundamentally wrong decision that may prejudice the legitimate expectation of millions of Kenya’s for a free, fair and democratic election.

“Unless the said orders sought are granted the rights of millions of Kenya’s to a free and fair electoral process shall be irreparably prejudiced, “claims NASA,”claims the opposition.

IEBC lawyer Kamau Karuri said the commission needs time to file all evidence.

“We need time to file our replying affidavit. The contract has already been signed and being executed.  An order for leave or stay to be granted” submitted Karuri.

He said NASA had 16days to prepare and move to court.

“The requirements that the election should be held on August is constitutional imperative..In view of importance of this matter and the public interest it has been generated. It is necessary for all parties to produce all relevant materials before court” said Karuri.

Lawyer Waweru Gatonye for Al Ghurai said the Dubai based firm would like to be heard by the court before leave or stay is granted.

“This is a matter of critical importance to whole country and the world. Every step court takes in this matter should be in the best evidence possible” said Gatonye.

Thirdway Alliance presidential candidate Dr. Ekuru Aukot ,Jubilee Party and Attorney General has been enjoined in the matter.

Thirdway Alliance Party and it presidential candidate Ekuru Aukot through lawyer Mutuma Gichuru  applied to be enjoined interested which was not opposed.

“This is not a matter touching on IEBC and AL Ghurai,  it involves other stakeholders.  We apply to be enjoined in the matter” submitted lawyer Mutuma.

“I apply to be enjoined as an interested party to represent the interest of my party, those of my constituents and the voters at large” said Aukot.

He argues IEBC did not consult relevant stakeholders and members of the public as required by the law.

“The decision was shrouded in secrecy ” claim Ekuru.

NASA moved to court yesterday seeking to quash a decision by the IEBC that  awarded Dubai based firm Al Ghurai a tender to print ballot papers.

They also sought high court to compel IEBC to reconsider the tender issued to the said company and take into account the views of the relevant stakeholders in regard to the tender.

They further sought  the electoral body restrained from considering or awarding  the tender and contract to Al-Ghurai Printing and Publishing LLC or it affiliates to printing election materials for presidential elections scheduled for 8 August.

They further want to have IEBCs decision made on 29 of May 2017 to award a direct tender to Al-Ghurai for printing elections materials suspended .

NASA says that the decision to award the 2.5 billion Shillings tender to Dubai-based firm violates the legitimate expectation of NASA adding that the move was actuated by ulterior motives.

In a certificate of urgency filed this afternoon, the opposition claim that the respondents misapprehended the law thereby made a fundamentally wrong decision that may prejudice the legitimate expectation of millions of Kenya’s for a free, fair and democratic election.

“Unless the said orders sought are granted the rights of millions of Kenya’s to a free and fair electoral process shall be irreparably prejudiced, “claims NASA,”claims the opposition.

They claim that the decision to award Al Ghurair printing firm the tender was biased, predetermined and unfounded in law.

It is NASA’s position that the tender awarded to Al Ghurair was made without consultation with the relevant stakeholders as constitutionality mandated.

Chief Justice David Maraga has appointed three-judge bench to hear Sh2.5billion ballot tender case.

Justice George Odunga will be presiding judge. Others include Joel Ngugi and John Mativo.

PRESIDENTIAL CANDIDATE WANT CHEBUKATI JAILED.

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BY SAM ALFAN.

Prospective Presidential aspirant Peter Solomon Gichira wants IEBC chairman chairman Wafula Chebukati committed to civil jail.

Mr Gichira says that the commission led by Chebukati failed to receive his documents for nomination and make a determination within 36 hours as directed by the court on the 16th of this month.

He claims that IEBC willfully disobeyed the orders of the court compelling it to furnish him with the reasons of its decision.

Gichira says that on the 19th of this month he presented his papers for nomination to the IEBC, where the commission officials acknowledged that all but one of his documents were okay. In hi affidavit he says that the IEBC officials told him that the signatures of supporters he had submitted had not met the threshold and consequently went ahead to reject his application for nomination as a presidential candidate.

“The decision taken by the respondents was done hastily and without any regard to the rules of natural justice, “states Gichira

He argues that IEBC rejected his nomination papers and further declined to furnish him with adequate reasons for the same.

“The respondents simple and hastily endorsed its decision on my nomination papers in handwriting and attached a sketchy schedule whose authenticity is highly questionable,” claims Gichira

He argues that he does not know how the respondents arrived at its unverifiable decision adding that he faces an imminent threat of not being allowed to vie as a presidential candidate in the upcoming general elections even after satisfying all the other requirements.

On 16 of June, High court allowed Mr Gichira to present his nomination papers to the Independent Electoral and Boundaries Commission (IEBC) within 36 hours.

“I hereby compel the respondent (IEBC) to receive the applicant’s documents for nomination and make a determination thereon within 36 hours of the said receipt and finish the applicant with reasons for the it’s decision” ordered Odunga.

High Court Judge George Odunga compelled the national elections agency to accept and scrutinize Gichira’s documents and determine his suitability to join the presidential race as an independent candidate.

The candidate should be informed in writing on whether he qualifies to join eight other presidential candidates who have already been vetted and approved to participate in the August 8 General Election, the Judge said.

IEBC was slapped with the cost of the application.

The Chairman of the IEBC, Wafula Chebukati, had maintained that Gichira was time-barred and disqualified from the race for non-compliance with statutory requirements.

But the prospective candidate had through his lawyer Gachie Mwanza claimed the IEBC boss disobeyed express court orders allowing him to present a list of signatures of his supporters beyond the time-lines set by the national elections agency.

Chebukati said in court papers that he did not receive the mandatory nomination lists from Gichira betweenMay 18 and 22 and he did not tender any evidence to prove he complied on May 19.

He said Gichira went to the IEBC offices at Anniversary Towers in Narobi on May 26 with a list of 57,382 names and signatures of his supporters for verification. However, the High Court had not extended time to accommodate him and he was time-barred.

Chebukati explained to Justice Odunga that Gichira did not present his nomination papers at the Kenyatta International Conference Centre between May 28 and 29 or send his authorized representative.

NASA WANTS BALLOT PAPERS TENDER TO AL-GHURAI NULLIFIED.

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NASA lawyers Professor Ben Sianya , Awele Jackson (Centre) and Ochieng Oginga leaving Milimani court after filing a suit challenging the decision to ward Dubai based firm to print ballot papers on Thursday June 22 ,2017.
BY SAM ALFAN.

National Super Alliance ( NASA)  has moved to court seeking to quash a decision by the IEBC that  awarded Dubai based firm Al Ghurai a tender to print ballot papers.

Nairobi TIMES. Your story, our story.:
https://youtu.be/Zev9cP1phJQ.

It is  also  seeking to compel IEBC to reconsider the tender issued to the said company and take into account the views of the relevant stakeholders in regard to the tender.

They further want the electoral body restrained from considering or awarding  the tender and contract to Al-Ghurai Printing and Publishing LLC or it affiliates to printing election materials for presidential elections scheduled for 8 August.

They further seek to have IEBCs decision made on 29 of May 2017 to award a direct tender to Al-Ghurai for printing elections materials suspended .

NASA says that the decision to award the 2.5 billion Shillings tender to Dubai-based firm violates the legitimate expectation of NASA adding that the move was actuated by ulterior motives.

In a certificate of urgency filed this afternoon, the opposition claim that the respondents misapprehended the law thereby made a fundamentally wrong decision that may prejudice the legitimate expectation of millions of Kenya’s for a free, fair and democratic election.

“Unless the said orders sought are granted the rights of millions of Kenya’s to a free and fair electoral process shall be irreparably prejudiced, “claims NASA,”claims the opposition.

They claim that the decision to award Al Ghurair printing firm the tender was biased, predetermined and unfounded in law.

It is NASA’s position that the tender awarded to Al Ghurair was made without consultation with the relevant stakeholders as constitutionality mandated.

Further they argue that the respondents selectively elevated competence. Cost effectiveness and other similar factors above other equally important constitutional precepts of transparency, inclusivity and accountability expected of every procurement process by a state organ under the constitution.

IEBC awarded the tender to the Dubai firm earlier this month after a protracted legal battle mounted by the National Super Alliance.

The coalition claims President Uhuru Kenyatta has close ties with Al Ghurair owners.

Proceedings to resume.

MATHARE HOSPITAL NURSES CHARGED.

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Three nurses Isaac Karanja Maina, Jacqueline Rebeca Aloo and Jacklyne Obonyo before a Nairobi Court on Thursday June 21, 2017.

BY NT CORRESPONDENT.

Three nurses from Thikaroad superhighway based mental facility have been arraigned before a Nairobi court.

The three were charged with reckless and negligent act causing harm.

It is alleged that on 16th June at Mathari National Teaching and Referral Hospital in in Nairobi county ward eight and nine the three nurses Isaac Karanja Maina, Jacqueline Rebeca Aloo and Jacklyne Obonyo facilitated the escape of 18 male mental patients held in the said wards by unlocking the padlock of the entrance gates in a manner so rash to endanger 81 male mental patients lives.

The three accused persons denied the charge before magistrate Martha Mutuku and were each released on a bond of 500,000 shillings each with one surety or a cash bail of sh 200,000.

The matter will be heard on 7th September 2017.

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TWO FOREIGNERS IN POLICE CUSTODY FOR DEFRAUDING SOUTH AFRICAN GOLD WORTH USD 621,000.

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Londole Iseka alias Ishmael Abdul Rahman and Benson Muhanji Mageta alias Ben Kariuki before a Nairobi Court on Wednesday June 21, 2017.

BY NT CRIME REPORTER.

The Nairobi Magistrate court will tomorrow rule on whether to detain two foreigners accused of defrauding a South African national gold in the country.

Police are seeking to detain a Nigerian and a Congolese national Londole Iseka alias Ishmael Abdul Rahman and Benson Muhanji Mageta alias Ben Kariuki for seven days to enable them to complete investigations.

According to Investigating officer from directorate of criminal investigation corporal Moses Gituathi , they are investigating the case of obtaining money by false pretence.

“On the 19 and 20 day of December 2016 the respondents obtained a sum of USD 621,000 ( Approximately Kshs 62.1million) from the complaints by falsely pretending that were jointly in a position to export gold on behalf of the complaint” said investigation officer.

Mr Londole Iseka alias Ishmael Abdul Rahman and Benson Muhanji Mageta alias Ben Kariuki conspired with others locally and international to obtain money from the unsuspecting complaint by falsely pretending that they were in position to export gold from Kenya to South Africa.

The two foreign nationals  presented themselves to Mr Prakash Robert Deepal Baicham as registered clearing agents owning clearing companies in Kenya and they can clear gold for him from Kenya.

“The two respondent (Londole Iseka alias Ishmael Abdul Rahman and Benson Muhanji Mageta alias Ben Kariuki) used alias names and are yet to be subjected to an identification parade to be physically identified by the complaint” said the officer.

He said after interrogations there are indications that there is a likelihood of more arrests and a possibility of recoveries.

He said the matter was reported at DCI headquarter by Prakash Robert Deepal Baicham on 16 of May this year through a letter dated 19 April 2017.

The lawyer representing the two suspects opposed the miscellaneous application by police, claiming it is in violation of his clients right to bail.

Senior Principle Magistrate Martha Mutuku will deliver the ruling on Thursday morning.

IEBC STOPPED FROM INTERFERING WITH REGISTERED VOTERS IN TWO WARDS IN MANDERA.

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Professor Tom Ojienda for Mandera legislators.

BY SAM ALFAN.

High court has barred Independent Electoral and Boundaries Commission (IEBC) from interfering with votes registered of two wards in Mandera County.

Justice George Odunga said IEBC should not reverse the transferred votes in Ashabito ward and Rhamu Ward pending hearing and determination of the suit filed by five voters.

The judge said that the applicants represented by professor  Tom Ojienda have established a case that has high chances of success hence warrants the orders.

This after Mandera senator Billow Adan Kerrow and other three politicians Mohammed Ibrahim Abdi , Hassan Noor Hassan and Hussein Sheikh Mohamed filed a case before a Nairobi constitutional court.

The four claim that they are apprehensive that since Mandera is prone to deadly clan skirmishes the decision by IEBC will lead to Inter-clan clashes that will lead to the loss of lives and destruction of property.

In a certificate of urgency filed by Professor Tom Ojienda, the petitioner argue that  It was unreasonable for IEBC to reverse their votes to Ashabito ward and Rhamu ward in Mandera North Constituency in Mandera County during the first and second phase of Mass voters Registration Exercise without following the process.

In the petition the lawmakers say that voters from various stations transferred their votes on their own volition and doing so they followed laid down process where they visited transfer stations and dolt filled the transfer forms which affected the transfer of the votes.

They claim that Professor Abdi Yakub Guliye, a commissioner of IEBC is behind the decision to reverse the transfer of votes in respect to the two ward in an effort to give his Degodia Community an upper hand in the forthcoming general elections.