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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.

BRITON ACCUSED OF KILLING HIS FACEBOOK GIRLFRIEND FREED.

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BY SAM ALFAN.

The high court in Nairobi has freed a British national -Carl Gary Singleton who had been accused of killing his 21-year-old girlfriend whom he met on Facebook.

Judge Hedwig Ongu’di said that the evidence adduced and relied on by the prosecution is incredible and therefore wanting.

“In conclusion I find that the accused Carly Gary Singleton is not guilty of the murder of Peris Asley Agumbi and I acquit him under section 306(1) of the Criminal Procedure Code. He shall be set free unless otherwise lawfully held under a separate warrant, “court ruled.

The court noted that Camilta Nabwire whose phone the deceased used to contact her parents was not called as a witness by the prosecution. According to court, Camilta was a very crucial witness.

The deceased was a fourth year student at the University of Nairobi. Singleton had been arrested at Gachie Market on November 23.

British national -Carl Gary Singletonhandcuffed before a Nairobi Court.
British national -Carl Gary Singletonhandcuffed before a Nairobi Court.

According to police, he had been a suspect following an earlier report by the deceased who was diabetic, that he had flushed her lifesaving medicine down the toilet. Agumbi died in hospital of diabetic hypertension and respiratory failure.

The two had allegedly met online through Facebook and Singleton had flown into the country on a tourist visa to spend time with her.

According to police, 41-year-old Carl Cary Singleton willingly destroyed the medical drugs of his fiancée where he held her hostage for two days after beating her. British media said Singleton met 22-year-old Peris Ashley Agumbi Mumtah on Facebook.

Police said investigations show the victim went through the beating ordeal and had her drugs seized from her on November 19 and was rushed to hospital two days later when her health condition deteriorated. Singleton has been in the country since May 23 when he arrived as a tourist. Singleton appeared in court last Monday and was remanded in custody for seven days after police asked for time to file a murder charge on Monday.

According to Daily Mail, Singleton met Miss Agumbi online through Facebook two years ago.

WAVINYA NOMINATION NULLIFIED.

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Machakos Governor Alfred Mutua who was to face Chama Cha Uzalendo (CCU) party leader Wavinya Ndeti through Wiper Party ticket.

BY NT CORRESPONDENT.

The Independent Election Boundaries Commission (IEBC) dispute resolution committee has nullified the nomination of Chama Cha Uzalendo (CCU) party leader Wavinya Ndeti as the wiper gubernatorial nominee for being a member of two parties.

The IEBC chairman Wafula Chebukati committee allowed the complaint that was filed by Machakos County Assembly member Peter Kyuli .

Kyalo in his submission to the IEBC panel argued that Ndeti has failed to meet several requirements set by the IEBC for contestants of elective posts.

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He claimed that Ndeti is a member of two political parties; Wiper Democratic Movement and the Chama Cha Uzalendo (CCU).

Former Kathiani MP however dismissed the claims made before the tribunal saying that her nomination is valid. She urged the committee to dismiss the complaint arguing that the application is a witch-hunt as it seeks to reopen issues which have already been previously determined by a competent tribunal

According to the Elections Act 201, anyone who decamps to another party 120 days to the election date is deemed to have violated the set rules and would not be allowed to contest on their new party’s ticket.

BACK GROUND.

The Political Parties Dispute Tribunal last month nullified Wavinya’s Ndeti’s win in the nominations for Machakos governor.

Ndeti got 299,312 votes against Deputy Governor Bernard Kiala’s 4,663.

Kiala obtained a court order barring Wiper from conducting the primaries since the party and Ndeti’s CCU agreed that she should get the ticket.

He said the party hurriedly conducted the primaries on April 30, a day after the order was issued, and did not give him an opportunity to participate in the exercise.

The DG also said Ndeti was not a member of Wiper at the time of her nomination but the tribunal ruled she was a valid member.

Tribunal chairman Kyalo Mbombu said on Friday that the party defied the court order by carrying out the nominations.

Mbombu ordered Kalonzo Musyoka’s party to carry out repeat nominations within 48 hours which  Wavinya floored Mr Kiala.

JUDGES AND MAGISTRATES TO BE PROMOTED ON MERIT.

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Chief Justice David Maraga speaking to court reporters and other stakeholders during Court Anexxed Mediation program on Thursday June 8.2017/PHOTO BY S. A. N.

BY SAM ALFAN.

Judges and magistrates will be promoted or disciplined in accordance with their performance evaluation, Chief Justice David Maraga has said.

Justice Maraga, who chairs the Judicial Service Commission, said the Judiciary will hold an annual event to assess, recognize and reward best performers.

The Chief Justice called for commitment of all Judges, judicial officers and staff to pursue an effective performance-based management system and play their role in the Judiciary transformation agenda initiated by his predecessor, Dr Willy Mutunga.

He said the Judiciary had fully embraced performance contracting, despite doubts and open hostility, long after the public service started engaging in 2005.

Justice Maraga was speaking at the Supreme Court in Nairobi when he officially launched the first performance evaluation report conducted in the Judiciary during the 2015/2016 financial year. The major highlights of the report were success stories on case clearance rate, backlog reduction and general productivity of Judges and Magistrates across the courts in the country.

“The JSC takes the findings of this report seriously and will use it as a reference point in its decision-making processes, including promotions. The JSC will come up with a reward and sanction mechanism as part of institutionalizing performance management and measurement in the Judiciary,” Justice Maraga said. The performance evaluation was launched on April 15, 2015 and was undertaken between July 2015 and June last year.

“The launch of this report today is also significant in many respects to our judges, judicial officers and staff, on one hand, as well as our key stakeholders in the justice system and the public, on the other. It gives us a scientific and objective basis to assess the performance of our courts and those who lead them. It engenders a spirit of positive competition, which will improve on our service delivery standards to the public,” he said.

Chief Justice David Maraga with Deputy Chief Justice Philomena Mwilu during Court Anexxed Mediation program in a city hotel.
Chief Justice David Maraga with Deputy Chief Justice Philomena Mwilu during Court Anexxed Mediation program in a city hotel.

Earlier in the day , the Chief Justice formally rolled out the Court Anexxed Mediation program that has been successfully tested in the High Court’s Family and Commercial divisions in Nairobi.

“The people of Kenya need to know that Litigation alone as a form of dispute resolution is no longer sustainable. We need to educate the masses that there are easier and faster ways to resolve disputes,” he said during the official breakfast ceremony.

Justice Maraga recalled that Sh500million that had been locked up in litigation had been released back to the economy through successful conclusion of 25 commercial disputes through mediation.

The Commercial division is currently holding cases valued at Sh4.4billion that can be resolved through mutual agreement by the parties, he observed.

http://www.judiciary.go.ke/portal/blog/post/judiciary-concludes-the-first-matter-under-the-court-annexed-mediation-project

KABOGO ORDERED TO PAY MP WAITITU 5.3 MILLION CASE COST.

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Kiambu Governor William Kabogo who has been slapped with 5.3 million.

BY SAM ALFAN.

Kiambu Governor William Kabogo has been slapped with 5.3 million as costs of a case that was ruled in of his political rival in Kiambu gubernatorial race Ferdinard Waititu’s favor.

High Court Deputy Registrar Ms. Sharon Mwayuli issued the orders after Kabogo’s petition challenging Waititu’s Panjab University degree case was dismissed.

“I hereby direct Governor William Kabogo to pays Kabete Member of Parliament  Ferdinard Waititu

5,343,922 million as costs in the case he lost when he falsely alleged Waititu had no degree” reads the order.

Kabete Member of Parliament Ferdinand Waititu moved to court seeking over 50 million shillings from Kiambu Governor William Kabogo as costs of a case that was ruled in his favor.

Waititu through his lawyer Harrison Kinyanjui filed the bill of costs petition after high court judge Onguto ordered that Kabogo pays the MP the cost of spending time in court defending himself.

In the main case High Court Judge Joseph Onguto dismissed Kabogo’s application saying that the court has no jurisdiction to hear and determine the allegations raised by the petitioner.

Kabogo’s was questioning Waititu’s integrity and academic qualifications.

As a punishment for Kabogo for suing the Kabete lawmaker over alleged fake academic credentials.

Kiambu Governor William Kabogo took his supremacy wars to court claiming that Mr Ferdinand Waititu who vowed to remove him from the governor’s seat lied about his academic credentials.

The governor through lawyer Issa Mansur told a Nairobi court that Waititu does not possess any valid university degree or any degree from a recognized University.

He said that there is no evidence that now Kabete MP Waititu went through a process of learning, tutoring, and examination and met all the requirements of the University to earn the degree that he purports to possess.

Kiambu Governor also warns that there is a real danger that Waititu’s election as member of the National Assembly for Kabete Constituency was a fraud on the good people of Kiambu County

Waititu later challenged Kabogo creditials saying never went to Panjab University to do his alleged commerce degree, a court heard.p

Mr Waititu said governor’s presence in India is not documented.

While presenting his response against claims that he did not attend Panjab University, the MP showed his university documents including a certificate awarded to him by the institution.

In papers filed in court on Tuesday, Waititu said the governor has equally not submitted proof that he changed courses if he attended the university.

“…He has availed no proof that he attended a single class lecture or authority to shift from an alleged degree course in Electrical engineering to Bachelor of Commerce,” the papers read in part.

The court ruled that Kabogo should have filed his complaint at the Ethics and Anti-Corruption Commission instead of approaching the High Court.

 

GOVERNOR NKEDIANYE DENIES ORDERING ARSONISTS TO BURN INCINERATOR AT KITENGELA.

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Kajiado Governor David Nkedianye swearing before giving evidence before high court judge George Odunga on Wednesday June 7, 2017/ PHOTO BY S. A. N.

BY SAM ALFAN.

Kajiado Governor David Nkedianye has denied interfering with operations of Kitengela based incinerator that’s was  burnt down recently.

While appearing before high court Judge George Odunga who had summoned the governor to appear court this morning in person to show cause why he should not be committed to civil jail for disobeying court orders, he categorically said he never hired goons to torch the facility.

The governor narrated how an argument arose after he proposed that the company be closed down to allow negotiations between the parties to save the facility from being destroyed by the Crowd which was protesting outside the facility gate.

He further told justice George Odunga that the residents have been  complaining over the foul smell it emits and posing a health hazard.

He further testified that he was not aware of any order issued in Teagarden with the company associated with University don Professor Phillip Mwabe.

“I didn’t mobilize anybody to burn down the facility”said Nkedianye.

The Environment and Commercial Consultancy Company in Kitengela will be closed over the foul smell it emits and posing a health hazard, Kajiado Governor David Nkedianye has said.

He gave the order on Friday following allegations that the incinerator is used for burning hospital waste and human body parts collected from government and private hospitals.

The Sh2 billion incinerator was established three years ago in Stony Athi near Kitengela town on 50 acres. The company is associated with University of Nairobi don Prof Philip Mwabe.

Nkedianye gave Mwabe up to today to come up with a proposal showing what he is going to do with the land.

He said he will not let residents suffer from the hazardous smoke and smell emanating from the factory.

The governor spoke after a three-hour closed-door meeting with Mwabe and his lawyers in Kajiado town.

The incinerator is the largest private waste management facility in East Africa, but the owner has had issues with Kitengela town residents for several years before he moved it to Stony Athi in Kaputie North ward.

After moving to Stony Athi three years ago, residents of Embukabat destroyed a fence and accused Mwabe of putting their lives in danger.

During the meeting, Nkedianye said, “This incinerator has no place in Kajiado county. I cannot allow the lives of my people to be put on the line by an individual whose interest is to make money.”

The matter to be mentioned on 27 of for further directions.

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