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KIHIKA SURVIVES BID TO STOP HER FROM CONTESTING THE GENERAL ELECTIONS.

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Jubilee Party Nakuru senatorial candidate Susan Kihika with her lawyer Lawrence Karanja speaking to court reporters outside Milimani Law Court on Thursday 15 ,2017 /PHOTO S. A. N.

BY SAM ALFAN.

The High Court in Nairobi has quashed a decision by the Political Parties Disputes Tribunal to disqualify Jubilee Nakuru senatorial candidate Susan Kihika from the Nakuru senatorial race.

Odunga ruled that the Kyalo Mbobu led tribunal had no jurisdiction to hear and determine the case against the nominee.

The court further ruled that the tribunal and subordinate court must act within their ranks and mandate to ensure proper administration of justice.

“The judicial hierarchy of courts and tribunals is very clear in this country and it is important that the tribunal appreciate their rank in the judicial ladder,”noted Odunga.

He further said that the dispute that was before the tribunal was between an independent candidate and a nominee of a political party and it is not a dispute that the tribunal can resolve.

“I have no doubt in my mind that the tribunal had no jurisdiction to embark on the hearing of this petition, apart of that this proceedings had been stopped by this court and so the decision rendered after that was unlawful and was tainted by illegality,”ruled Odunga

Kihika had challenged the decision by PPDT to bar her from contesting for the senatorial seat over allegations that she did not resign from her position at the County Assembly on time as required by law.

Through lawyer Tom Ojienda, Kihika had told the court that PPDT lacked jurisdiction to interpret the Constitution.

The lawyer told the court that the tribunal’s decision to bar her was in bad faith and an excess of its powers.

The lawyer said that the petition that was lodged before the Political Parties Disputes Tribunal raised several issues of the constitutional interpretation, which ought to have been determined by members of the tribunal.

The tribunal chaired by KyaloMbobu on Monday ruled that Kihika was ineligible because she failed to resign from the Office of Speaker of the Nakuru County Assembly before seeking the Senate nomination.

Mbobu also faulted the Jubilee Party for violating the law by presenting Kihika’s name as its candidate for the Nakuru County senatorial contest.

Article 99 of the Constitution states that a candidate who is still a Member of the County Assembly cannot vie for MP before resigning.

The petition against Kihika had been filed by Nominated MCA Margaret WanjiruKiiru who is vying for the seat as an independent candidate.

REPRIEVE TO MOTORISTS AS FUEL PRICES DROP.

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BY BUSINESS DESK.

Energy Regulatory Commission (ERC) has revised retail pump prices for super petrol, diesel and kerosene indicating a slight decrease in prices.

In Nairobi Super petrol will retail at 98.7 from 99.59, while diesel will retail at 86.89 from 88.05 while Kerosine will retail at 65.05 to 65.28 shillings all per a litre.

Speaking today in Nairobi during a Media briefing, ERC Director General, Pavel Robert Oimeke said the price changes will take effect from June 15th, 2017 to 14th, July 2017.

Oimeke said that the changes in the maximum allowed petroleum pump prices in the other various towns took in to account the weighted average cost of imported refined petroleum products as well as transportation costs.

“Petroleum prices in Nairobi will have Super Petrol, Diesel and Kerosene decrease by 0.86 shillings, 1.16 shillings and 0.23 shillings per litre respectively,” said Oimeke,

Further he added that the commission maintains a Short Message Service (SMS) inquiry system for petroleum pump prices and members of the public can obtain the latest petroleum prices in major towns by sending the message “Price <space> Name of Major Town” to the number: 0707667623.

He added that Kisumu will have Super Petrol, Diesel and Kerosene retailing at 100.72, 89.08 and 66.98 shillings respectively and Mombasa will have Super Petrol, Diesel and Kerosene retailing at 95.47, 83.63 and 62.29 shillings respectively.

Oimeke said the changes in this month’s prices have been as a consequence of the average landed cost of imported Super Petrol decreasing by 0.77 per cent from Ksh. 56,892(about US$568.92) per ton in April 2017 to Ksh 56,453( about US$564.53) per ton in May 2017.

Diesel decreased by 2.52 per cent from Ksh 49,372 (about US$493.72) per ton to Ksh 48,130 (US$481.30) per ton and kerosene decreasing by 0.15 per cent from Ksh 50,702 (US$507.02) per ton to Ksh 50,626 (US$506.26) per ton.

“The Free On Board (FOB) price of Murban crude oil lifted in May 2017 was posted at 5,145 shillings (US$51.45) per barrel, a decrease of 3.65 per cent from 5,340 shillings (US$53.40) per barrel in April 2017,” said Oimeke.

He added that over the same period, the mean  monthly US Dollar to Kenya Shilling exchange rate appreciated by .01 per cent from Ksh. 103.33 per US$ in April 2017 to Ksh. 103.31 per US$ in May 2017.

“The purpose of the fuel pricing regulations is to cap the pump prices of the products which are already in the country, so that the importation and other prudently incurred costs are recovered, while ensuring reasonable prices to consumers,” said Oimeke, adding that Oil marketing companies are therefore encouraged to compete below the set maximum prices.

Oimeke said that Petroleum marketing companies and dealers are reminded that it is an offence to sell petroleum products above the maximum prices published by the Commission.

“Any party that contravenes this requirement is liable to a fine of up to Kenya shillings one million and/or the withdrawal of the operating license,” said Oimeke.

He said that the commission works closely with other government agencies and members of the public to ensure compliance with the set prices.

“The commission wishes to assure the general public of its continued commitment to the observance of fair completion and protection of the interests of both consumers and investors in the energy sector and in this respect, consumers are requested to be vigilant in report non-compliant retailers to the authority for necessary legal action,” said Oimeke.

PRESIDENTIAL CANDIDATE TO KNOW HIS FATE ON FRIDAY.

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Presidential candidate Solomon Gachira leaving Milimani law court after paying cash bail of 200,000 /PHOTO BY S. A. N.

BY SAM ALFAN.

High Court will determine on Friday the candidature of independent presidential aspirant Solomon Gichira.

The Chairman of the Independent Electoral and Boundaries Commission (IEBC), Wafula Chebukati, has maintained that Gichira was time-barred and disqualified from the race for non-compliance with statutory requirements.

The prospective candidate insists that 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 says in court papers that he did not receive the mandatory nomination lists from Gichira between May 18 and 22 and he did not tender any evidence to prove he complied on May 19.

He says 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 and he was time-barred.

Chebukati explained to Justice George 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. “The allegation by Gichira that IEBC engineered his arrest and detention to prevent him from presenting his nomination papers is false and has not been substantiated,” he said.

But Gichira through his lawyer  Stephen Gachie Mwanza said he could not have gate-crashed the nomination exercise at the KICC after he had been mistreated by IEBC officials. “There are so many lies and inconsistencies by the IEBC that leaves no doubt that the whole process of verification and clearance of my candidature was flawed. There was obviously a conspiracy to lock me out of the presidential race,” he said.

He wants the national elections agency blocked from making any further preparations for the presidential election, including printing of ballot papers, pending the outcome of his petition.

Justice George Odunga had nullified restrictions imposed on independent presidential candidates to enlist supporters who have no political affiliation. Similarly, the court outlawed the requirement by IEBC that independent presidential aspirants submit signatures of their 2,000 nominees from 24 Counties through electronic format.

Gichira was charged with attempted suicide, malicious damage to property and creating disturbance following his altercation with IEBC officials and police officers on May 26 at the Anniversary Towers offices in Nairobi. He was released on Sh200, 000 cash bail after denying the charges.

HINO TRUCKS ARE FIT FOR MARKET, TOYOTA KENYA SAYS.

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Lawyer Harrison Kinyanjui with motorists speaking after high court extended orders seizure or sale of Toyota Hino trucks pending hearing and determination of the case filed by several motorists on Wednesday June 14 ,2017 /PHOTO BY S. A. N.
BY SAM ALFAN.

Toyota Kenya has denied claims that HINO FC500 model vehicles are unfit for sale in the Kenyan automotive industry.

In their response to a case filed by Several motorists, Toyota Kenya argue that HINO brand are of high quality, are durable and reliable if maintained and serviced in accordance with the manufactures recommendations and use of genuine spare parts.

Gerald Muli the General Manager of HINO Kenya which is a division of Toyota Kenya says that any defects or problems in the motor vehicles, including any overheating problems arose as a result of lack of maintenance of the motor vehicles as per the manufactures recommendations.

Toyota Kenya further dismissed allegations that that it agreed to convert the Kenyan market into a dumping grounds for vehicles that could not be sold or services in Japan.

“Toyota Kenya is a leading motor vehicle dealer in Kenya subscribes to the highest ethical standards and good corporate governance and would not engage in such practices, “argues Muli.

High Court last week blocked seizure or sale of Toyota Hino trucks pending hearing and determination of the case filed by several motorists.

Motorists sued Toyota Kenya over HINO FC500 model vehicles saying that they are unfit for sale in the Kenyan automotive industry.

They argue that HINO FC 500 model truck and PSV busses have developed fatal engine and overheating problems, brake systems failures, and chasis cracking during the subsistence of the respective warranties that rendered them unfit for the purpose.

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“under Article 46, every consumer has a right that’s protected under the law. You cannot sell a product to a consumer and escape liability” said lawyer Kinyanjui.

Through lawyer Harrison Kinyanjui, the plaintiff claim that they have exhausted all avenues of resolving these manufacturing problems and the defendants have failed to respond to their plight.
“The management of Hino Ltd and Toyota Kenya was all along aware that the HINO FC500 model was and is unsuitable and unfit for the PSV purpose,” argues Kinyanjui.
They claim that no brand new vehicles develop such a multiplicity of problems resulting in total grounding even lack of spare parts replacement without a manufactures defect.
“As a brand new HINO FC500 model truck and PSV buses they could not have developed such engine failure, overheating problems and break failure during the subsistence of the warranty,” reads the court documents.
Among parties mentioned in the matter is Toyota Kenya Limited, Nairobi Hino, Tsusho Capital Kenya Ltd and Kenya Bureau of Standards.
The suit has been filed by City Star Shuttle Co. Ltd, Chania Prestige Shuttle Ltd, Beauty Wholesale K. Ltd and eight others.
Lawyer Kinyanjui was allowed to file an application seeking to include more motorists who has approached him with interest to be enjoined in the matter.
Justice Tuiyot extended orders restraining seizure and sale of Hino trucks in the country pending hearing and determination of the said automotive company.
The matter was fixed for hearing on 27 of September.

ELECTION OFFENDERS RISK PUNISHMENT.

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Deputy Senior Public Prosecution Moses Omirera displays sample documentary evidence during the workshop on Monday June 12.2017/ PHOTO BY S. A. N.
BY SAM ALFAN

Election offenders will face stiff penalties once convicted, the office of Director of Prosecution has warned.

105 special prosecutors have been trained and posted to all the counties to handle criminal charges under the elections offences Act, Deputy Senior prosecution Omirera Said.
For example, double voter registration will attract fines of up-to one million shillings or one year imprisonment in default. The convict will note be excluded from voting for two consecutive elections.
The other cases that have severe sanctions include hate speech,  incitement to violence and creating disturbance in public fora.

He further added Office of Director of Public Prosecution (ODDP) to ensure general elections are fair.

Mr Omirera said Dpp office will play its role fearless  and make sure that the August 8 general elections will be free and fair.

Speaking during a media workshop on elections preparedness in Machakos County, he said that there are 31 cases pending in court  involving 62 individuals among them an aspiring governor, an MP and two sitting MCAs are facing electoral offences in court.

The offences are alleged to have been committed during the voter registration nomination primaries.

Omirera added that ODPP has established a special 24 hour call centre to help the public report on election malpractices .

Further Omirera said that an MOU has been signed with the Independent Electoral and Boundaries Commission to ensure that its officials testify in court since most of have largely witness election related crimes.

The prosecuting office further says that it has established an election hate speech and incitement unit to make ensure that the elections are free and fair.

He urged the media to cooperate with his office by providing crucial evidence to prosecute perpetrators of election offences by politicians and their supporters.

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CORTEC SPECIAL LICENSE WAS LAWFULLY NULLIFIED, COURT RULES.

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Tourism Cabinet Secretary Najib Balala handing over to Dan Kazungu who was appointed as mining cabinet secretary after cabinet reshuffle. FILE PHOTO.

BY SAM ALFAN.

Cortec Mining Kenya has suffered a double blow after Appellate Court ruled government was right to revoke the special mining licence obtained by Canadian firm for prospecting in the controversial 142-hectare Mrima Hill Forest Reserve in Kwale County.

The foreign firm, associated with slain businessman Jacob Juma, had clandestinely obtained the 21-year licence dated March 7, 2013, in violation of laws prohibiting mining in nature reserves and forests, Appellate Judges Philip Waki, Roselyne Nambuye and Patrick Kiage held in their 25-pape judgment.

They said former Mining Cabinet Secretary Najib Balala acted within the law by invalidating the licence on August 45, 2013which was illegally issued by the former Commissioner of Mines and Geology when the government was in transition to counties. “The Commissioner acted in breach oif the Mining Act and the Constitution and in breach of the trust bestowed upon him,” the court held.

“The Cabinet Secretary was the final authority and custodian of public trust and his action was neither malicious nor unreasonable as it applied to 42 other licences issued under similar circumstances,” the three-Judge bench held.

Three key government institutions-the Kenya Forest Services, the National Museums of Kenya and the National Environment Management Agency (NEMA)-never gave mandatory approvals and were strongly opposed to the project because the site was legally out of bounds for mining activities, the court pointed out.

Cortec Mining Kenya had asserted that it had obtained all necessary approvals required by law and had spent more than Sh500million in readiness to commence prospecting natural resources from the reserve. The firm claimed to have identified large deposits of Niobum and Rare Earth Base metals worth over US$600billion.

But the State had argued that the firm had applied for the special mining licence on January 10, 2012 but the application was rejected two days later for non-compliance with various mandatory requirements. No appeal was filed against the refusal but the firm strangely acquired the licence through the back-door without any deliberations by the relevant licensing committee of the ministry, Senior State Counsel Emmanuel Bitta had explained.

The three state agencies had supported the revocation of the firm’s licence on grounds that Mrima Hill is a rich indigenous forest that has been legally protected since 1961 and is gazette as a natural heritage and national monument.

The company moved to court of appeal seeking to overturn the judgement that dismissed its case against CS Balala for stopping it’s operations prematurely in Kwale county.

Cortec claimed the judgement was flawed and failed to address the core concern

KENYA, SOMALIA FORCES FOILED AL SHABAAB TERROR ATTACK.

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Four Somali nationals Mohammed Ali Weythow , Hassan Adam Bulle, Hassan Mohammed Jama, and Ahmed Mohammed Muse who were arrested while planning to conduct terror attacks in Kenya / PHOTO COURTESY OF NPS.

BY NT REPORTER.

A joint operation by Kenyan and Somalia military forces on Friday foiled a planned deadly terror attack on Kenyan soil.

Six terrorists were arrested at Bulla Hawa near Mandera town during sting operations. The six were arrested while attempting to sneak into Kenyan territory with an assortment of explosives.

Two Kenyans Abdullahi Daud Adan and Ismail Issack Mohammed from Mandera were among those arrested.

Others were four Somali nationals, Mohammed Ali Weythow , Hassan Adam Bulle, Hassan Mohammed Jama, and Ahmed Mohammed Muse.

Makeshift made explosive device found in possession of six arrested terror suspects during the Kenya, Somalia military operation /PHOTO COURTESY OF NPS.
Makeshift made explosive device found in possession of six arrested terror suspects during the Kenya, Somalia military operation /PHOTO COURTESY OF NPS.

Police recovered complete anti personnel explosive devices, four suicide vests and bomb making material including trinitrotoluene (TNT), fragmentation-generating objects including nails ,ball bearings and screw nuts.

The six detainee  were were reportedly dispatched from Burhache in Somalia by their commanders with the arsenal to launch attacks in the country.

They are currently being interrogated by Kenya Security officers to uncover their entire support network both in Kenya and Somalia for further action.

Inspector General Joseph Bonnet in his statement said the operation was successful because of the current collaboration with Somalia government and the support of the Gedo Regional Administration in the fight against Al Shabaab.

He thanked members of the public for supporting security forces in the fight against Somalia based militia.

PNU GOVERNOR HOPEFUL IN POLICE CUSTODY.

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Former branch manager for first community bank, Garissa Omar Abdi Hassan arraigned before a Nairobi Court on Friday June 9 ,2017.
BY SAM ALFAN.

Party of National Unity (PNU) gubernatorial candidate Omar Abdi Hassan has been detained for a period 2 days at Kileleshwa police station to allow banking fraud unit complete investigation.

Mr Omar is accused of authorizing withdrawals of 14.8 million shillings from the account of Hussein Abdi Hassan who left the country for Canada in 2012 to study and take care of his mother who had been involved in accident

According to the investigating officer Sanchan Lokadio, on the dates between 23 November 2012 and 6/6/2015 the suspect, Omar Abdi Hassan the former branch manager for first community bank, Garissa branch authorized withdrawals from the account belonging to the Hussein Abdi Hassan.

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Lokadio in his affidavit told the court they have obtained documents which indicate that the former First Community Bank Garissa Branch manager is the person directly involved in the fraudulent withdrawal of 14.8 million shillings. He said investigation into the case is not yet complete and that the suspect will assist them in apprehending some of the perpetrators of the offence.

According to the banking fraud unit the two days will enable them complete investigations over the alleged involvement of Mr. Abdi as well as to arrange for his transportation to Chief Magistrate’s Court Garissa where he is to be charged with the offense.

The suspect was arrested on the 8 June in Garissa county and transported to Nairobi for further investigation after police obtained documents and statements which indicate that he is the person directly involved in the fraudulent withdrawal of Ksh. 14.8 million.

WAVINYA GETS REPRIEVE IN NOMINATION TUSSLE.

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Machakos Wiper gubernatorial candidate Wavinya Ndeti speaking after the high court decision that temporary stayed IEBC decision.

BY SAM ALFAN.

It is a temporary reprieve for Wiper gubernatorial candidate Wavinya Ndeti after high court temporarily  stayed IEBC Committee decision that nullified the her nomination.

Justice  George Odunga further directed IEBC to include the Wipers governor aspirants name in the gazette notice.

The judge noted that if the application by Wavinya fails nothing will stop IEBC from omitting her name from the ballot papers with the result that no one shall have been unduly prejudiced.

“Accordingly there will be a stay of implementation of the decision of IEBC pending hearing and determination “ruled Odunga

The court ruled that to decline to grant the stay orders sought by Wavinya would have the effect of making it impossible for Wavinya to recover the ground that shall have been lost during the period of the proceedings while her opponents will be at liberty to continue with their campaigns that will put her on a disadvantage.

Machakos Gubernatorial aspirant Wavinya Ndeti moved to the high court this morning  seeking orders to stay IEBC committee decision that blocked her from running for the top seat in the county.

In a certificate of urgency Ndeti argues that the respondent’s decision are prejudicial and violates her right to participate in public elections and further threatens to violate the political rights of people of Machakos County to freely elect a person of their choice as a governor.

Wavinya claims that in arriving at the decision that she’s a member of two political parties, IEBC did not accord to the principles of the constitution and the political parties Act in particular provisions on membership to a political party.

“Unless the orders are granted, the people of Machakos County will suffer irreparable loss and harm, “Wavinya argues.

Wavinya further is seeking orders stopping the implementation of yesterday’s decision.

She also wants the court to direct IEBC to include her name in the candidates list to be published in the Kenya gazette.

In her affidavit, Wavinya claims that she resigned for the Chama Cha Uzalendo Political Party on the 5th of April 2017 and joined Wiper Party when the CCU entered into a coalition agreement with the Wiper Party.

She argues that it is erroneous for IEBC to assert that she belongs to two political parties when it’s clear from all the record in place that she is no longer a member of the Chama Cha Uzalendo Part but a member of Wiper Party.

“The process leading to the impugned desiicon is illegal, procedurally unfair and violates basic tenets of the rule of law, principle of natural justice and the right to a fair hearing, “argues Wavinya.

Yesterday the IEBC dispute Resolution Tribunal annulled Ndeti’s nomination as Wiper Candidate in Machakos governorship  on grounds that she was a member of two parties-CCU and Wiper.

Wiper party, Registrar of Political parties, Kyalo Peter Kyuli have been named as interested parties.

Justice Odunga directed parties in the case to appear for inter-party hearing next week.

SUBUKIA COUPLE LOSE BID TO REOPEN CASE ON SAITOTI ‘SON’.

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Nakuru farmer Sebastian Maina Ngunju and his wife Elizabeth Njeri leaving Milimani law courts/FILE PHOTO.

BY SAM ALFAN.

It is a dark Dawn for the controversial Subukia couple who sensationally lay claim to the son of fallen Internal Security minister George Saitoti lost their attempt to re-open the case.

The Appellate Court extinguished a plea by Nakuru farmer Sebastian Maina Ngunju to revive the matter that was withdrawn by mutual agreement on July 11, 2013.

The consent had been signed by veteran lawyer Fred Ngatia on behalf of the late Prof. Saitoti’s wife, Margaret and son Zachary Musengi, on the one hand and lawyer Hari Gakinya representing Maina. Senior State Counsel Warui Mungai, representing the Director of Public Prosecutions, had endorsed the agreement.

Appellate Judges Philip Waki, Roselyne Nambuye and Patrick Kiage yesterday ruled that Gakinya had the authority to compromise the judicial review petition lodged by the Saitotis to safeguard the interests of Maina against possible prosecution over his unsubstantiated paternity claims. There was no justification to overturn Justice Lenaola’s decision against vacating the consent order, they said.

The appellate bench dismissed Maina’s assertions that Gakinya had fraudulently agreed to withdraw his paternity claim in which he had accused Margaret of having abducted his three-year old son-known as Stephen Wachira-on August 31, 1988. Maina had lodged a criminal application before the Nakuru Chief Magistrate’s court on November 8, 2012 seeking permission to institute a private prosecution against Prof. Saitoti’s widow.

“An allegation made against an advocate of the High Court that he was involved in fraud or colluded with another advocate or person to subvert the cause of justice in a matter pending in court is certainly one of utmost gravity. It destroys the advocate’s honour and respect. It can undo his entire legal practice and attract censure from his professional body. It cannot merely be flashed or mentioned only to be believed. There must he cogent and truthful evidence of such charges,” Justices Waki, Nambuye and Kiage said.

The Director of Public Prosecutions, Keriako Tobiko, had ordered investigations following Maina’s paternity claims and established that the alleged Stephen Wachira was not the same person as Zachary Musengi. The findings were filed before the Nakuru court.

Prof Saitoti’s widow and son filed the judicial review petition on November 16, 2012 seeking to stop Maina from making false allegations they described as “frivolous and scandalous charade actuated by ulterior and improper motives.” They wanted the proceedings before the Nakuru court quashed and Maina investigated and prosecuted.

The Saitotis had explained that Zachary was born on September 8, 1983 and narrated his upbringing and educational history. Before the petition could be heard, the parties agreed to close the chapter by stopping both the applications in Nakuru and Nairobi.

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