Blog Page 340

JUDGE DISMISSES AND WITHDRAWS FROM GILGIL PARLIAMENTARY CASE OVER MISSING FILE.

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Justice Stella Mutuku who dismissed and downed her tools in appeal before her.

BY NT CORRESPONDENT.

High court Judge Stella Mutuku downed her tools in an appeal filed by the incumbent Gilgil Member of Parliament Mathenge Nderitu over a missing file.

Justice Mutuku said she could not make final determinations in the appeal as filed since it did not contain the proceedings of Political Parties Dispute Tribunal and which was subject to the appeal could not be traced.

She dismissed the appeal but said Nderitu was at liberty to file another appeal once he gets the file.

“I have downed my tools because I cannot be able to make an informed judgment without any record from Political Parties Dispute Tribunal. I have noted the appellant did not make an effort to get even copies of the judgment from the tribunal,” she said in the ruling.

The sitting Member of Parliament Mathenge Ndiritu moved to the high court to challenge the Political Parties Dispute Tribunal ruling that ruled that Jubilee party issue the nomination certificate to Martha Wangare.

Wangare has urged the court to dismiss the appeal saying that votes cast in the 8 polling stations cannot be recounted since Ndiritu tampered with the election results in the said polling station, making a recount is impossible.

Through lawyer George Kithi, Martha Wangare says that it’s blatant criminal act on Ndiritu to consistently and persistently utter a false document being a Jubilee Party Preliminary Certificate.

“There is nothing called preliminary certificate in Jubilee Party and the only thing that exist is provision certificate. Impunity in this country must be arrested” Lawyer Kithi submitted.

He argued the evidence by Nderitu was speculative and Senator Wangare was duly elected Jubilee candidate for Gilgil Constituency and she was the constituents’ choice.

Mr Kithi trashed the appeal by the sitting MP referring to it as an academic exercise. He further claimed he was served on Sunday when then the lists of candidate was already presented to the IEBC.

She argued that the impugned certificate is fraudulent which was prepared by Ndiritu even before the nomination exercise.

Ndiritu says that the political party Dispute Tribunal misled itself on the facts and law adding that his constitutionally guaranteed political rights are being illegally and capriciously limited to his disadvantage and to the great disadvantage of the people of Gilgil Constituency.

GUMO SON CONTESTS DAGORETI NORTH PARLIAMENTARY NOMINATION.

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BY NT WEEKEND NEWSDESK.

Former Westlands Member of Parliament Fred Gumo son has filed a case in the high court challenge the nomination process in Dagorretti North Constituency within Nairobi County for Parliamentary seat.

Magero Gumo claims that the Party Secretary General Geoffrey Osotsi and other officials have committed serious Electoral Malpractices contrary to the law by nominating Amos Bernard Shilibwa without notice.

He added that the nomination process that was conducted after the court order was marred with irregularities because he was not involved.

The nomination process was repeated after the High Court Issued an order that it be repeated within 72 hours on May 15, 2017

“The directions issued by this court have been flouted and abused by the officials and agents of ANC,”Said Gumo.

He added that Party Elections have yet to be conducted in accordance with the principles laid down in the Constitution and the Electoral Law.

According to him, the process is marred by the electoral malpractices and massive financial loss of him. Gumo claims that due to public interest leadership is serious and basic fundamental issues to be determined.

Court documents filed through lawyer Tom Wachakana,  indicate that Ngumo and interested parties are highly apprehensive that no free and fair elections were conducted because Shilibwa names were submitted to IEBC prior to the nomination exercise

“The principle for determining election petition is the sovereignty of the will of the people, this emanates from the Article 1 of the will of the constitution under which all power resides in the people and they may exercise it through their democratically elected representatives,” said Gumo.

Gumo is seeking leave to commence Contempt of Court proceedings against the Chairman, Secretary General and Treasurer of Amani National Congress.

He want the Chairman of the Party committed to jail for disobeying the order dated May 15,2017 and a declaration do issue that Gumo the winner of the party elections conducted on April 24,2017 in Dagorretti north Constituency be given the party ticket forthwith.

Gumo is seeking a declaration that Shilibwa was not validly elected on April 24, 2017 and May 17, 2017 respectively as the party’s nominee for parliamentary seat for Dagorretti North Constituency.

He is also seeking a declaration that the degree and extent of electoral malpractices perpetuated by the party in the conduct of the primary elections conducted on April 24, 2017 and May 17, 2017.

“Court should issue an order cancelling the certificate of declaration of results of Dagoretti North Constituency ANC party elections and party certificate issued to Shilibwa, “said Gumo.

Gumo said that the malpractices ensured that he together with other aspirants were avoided and did not participate in the process.

He says that he lacks confidence in the internal dispute mechanisms of the party as set up and as evidenced by the threat of the aforementioned respondents to make unilateral changes and threats to cancel publicly witnessed decisions of the electorate as announced by the party’s own appointed Officer.

“The elections were marred with malpractices which ensured other aspirants and him were avoided and did not participate in the process,” Said Gumo.

Gumo claims that he had initially emerged the winner of that seat.

Proceedings Next Week for hearing.

PARENT PROTESTS EXPULSION OF DAUGHTER FROM SCHOOL

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Milimani Law Court.

BY SAM ALFAN

A parent has moved to court protesting the expulsion of their daughter from school.

The daughter is said to have been sent home over alleged misconduct.

According to the parent, the 14 year old was taken to hospital by the mother to see an optician after visiting her in school during their Academic Day.

The parent wants the Board of Directors of Pioneer Girls School in Kiambu stopped from discussing the two-week suspension slapped against their 14-year old daughter.

“The school breached the petitioner’s constitutional right to education under Article 43 (f) of the Constitution. The right to education cannot be curtailed through a totally flawed disciplinary hearing that relied on hearsay evidence,” argues the lawyer

According to the father, the school administration had become hostile and resurrected past incidences to justify her unlawful suspension.

The girl had reportedly told her mother during the April holidays, who informed the Dean of Residency at the Kikuyu campus, about suspect nocturnal activities and possible sexual misconduct between the roommates.

He further argues that no formal suspension letter was handed to the girl’s mother who was orally informed that her daughter was involved in bullying and engaging in scuffles with other students.

After the girl’s father protested the harsh treatment, the Principal promised to consult the Managing Director of the group of a
Schools.

MUHIA WIN FOR NYANDARUA WOMEN REP NULLIFIED.

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Jubilee Party Nyandarua gubernatorial candidate Francis Kimemia hold hands with nominee for women representative Faith Wairimu Gitau celebrating after high court overturned decision by political parties tribunal that declared incumbent Wanjiku Muhia at Milimani Law Courts on Friday May 19,2017/PHOTO BY SAM.

BY SAM ALFAN.

Decision by political parties Dispute Tribunal that declared Wanjiku Muhia as the Jubilee nominee for Nyandarua women representative has been overturned.

High court judge Stella Mutuku said that in granting such orders the tribunal breached the constitution and the political parties Act.

The court in its judgement declared Faith Wairimu Gitau as the bonafide nominee Women representative for Nyandarua County.

In the case Wairimu moved to the high court to challenge a decision by political parties Dispute Tribunal that directed Jubilee party to issue Wanjiku Muhia with the nomination certificate as duly nominated Jubilee Party representative for the seat of women representative for Nyandarua County.

Faith Wairimu Gitau urged the tribunal to dismiss the complaint saying that the nominations primaries were free and fair and accountable and that she won by a margin of 31,000 votes.

Jubilee party Nyandarua gubernatorial candidate Francis Kimemia shakes hand with Faith Wairimu Gitau after high court overturned the tribunal decision.
Jubilee party Nyandarua gubernatorial candidate Francis Kimemia shakes hand with Faith Wairimu Gitau after high court overturned the tribunal decision.

On Saturday political parties Dispute Tribunal directed Jubilee party to issue Wanjiku Muhia with the nomination certificate as duly nominated Jubilee Party representative for the seat of women representative for Nyandarua County within the next 12 hours of the judgement.

The kyalo Mbobu led tribunal ruled that the nomination certificate issued to Faith Wanjiru Gitau is null and void.

“The claimant Wanjiku Muhia is hereby declared as the duly nominated Jubilee Party representative for the seat of Women representative,Nyandarua County,”ruled the tribunal.

The tribunal noted that no one should be allowed to benefit from an illegality adding that the interest of justice demands that the people of Nyandarua should not be subjected to another nomination exercise where the two may be again be in the same court.

Tribunal said the allegations of votes were burnt was not proved.

“Burning votes cast amounts to nothing but suppression of evidence,especially when Jubilee Party knew that it’s own Appeals Tribunal was seized of the appeal by Wanjiku Muhia.

Muhia had argued that the nominations were not free and fair and the process was marred by irregularities.

LET ALL KENYANS HAVE AN OPPORTUNITY TO BE ELECTED AS MEMBERS OF THE EAST AFRICA PARLIAMENT, COURT TOLD.

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Wiper Party Nominee Klein Musyoka with NASA principal Kalonzo Musyoka.

BY SAM ALFAN.

Political Activist Okiya Omtatah wants the on-going elections of members of East African Legislative Assembly suspended.

He says that the process is irregular.

According to Omtatah, MPs have allocated all the 9 seats in the EALA to four political parties.

He argues that locking out independents candidates is denying Kenyans a right to participate in the assembly.

He argues that the 9 available slots should NOT be pegged on political parties but an open opportunity for Kenyans who are not necessarily aligned to any political party to participate in the elections, just like at the General Elections.

He claims that there is ample time for Parliament to reconsider the matter without prejudicing the inauguration on the new EALA Parliament on 5th June 2017.

Mr Omtatah says the whole process should be redone and an opportunity accorded to all Kenyans irrespective of their political affiliations.

NASA CRIES FOUL OVER APPOINTMENT OF ELECTION RETURNING OFFICERS.

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NASA coalition principals Kalonzo Musyoka, Raila Odinga and Musalia Mudavadi

BY SAM ALFAN.

THE opposition has vowed to overturn a move by the IEBC appointing election returning officers.

NASA says that they were not consulted and as such the move is illegal.

In a certificate of urgency NASA argues that IEBCs move is an affront to the principles of the electoral system.

NASA claims that the commission has acted unlawfully by not allowing political parties to make representations on persons to be appointed as returning officers as required under the election laws.

The opposition also claims that the process was accentuated with secrecy and driven by ulterior political considerations “in a manner that defeats the principles of the Supreme Law and the right to fair administrative action”.

“The process leading to the unlawful decision is unfair and violates the basic tenets of the rule of law as IEBC did not adhere to the principals of good governance,” NASA alleges.

As a result, the opposition wants the April 27 decision suspended pending determination of the case on grounds that it undermines democratic, free and fair election.

VOTER WANTS MP OLE NTUTU BLOCKED FROM GOVERNORSHIP RACE FOR NAROK.

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Patu Ole Naikumi speaking to court reporters after filing a case seeking a case in which he wants High Court to block Narok West Member of Parliament Patrick Ole Ntutu from vying for Narok governor.

BY SAM ALFAN.

A voter from Narok County has petitioned the High Court to disqualify Narok West Member of Parliament Patrick Ole Ntutu from participating in the gubernatorial election.

Patu Ole Naikumi claims the politician does not possess a university degree and cannot meet the basic criteria of prospective candidates wishing to vie for the position of a Governor.

He said Ole Ntutu has already secured nomination from Chama Cha Mashinani (CCM) and the political rights of voters would be prejudiced by his candidature.

“It will be unjust if the aspirant is allowed to participate in campaigning and elections when his academic qualifications have been questioned,” he says in court papers.

The complainant said he had tried unsuccessfully to obtain information from the Kenya National Examination Council (KNEC) and Commission for University Education to ascertain Ole Ntutu’s academic credentials.

 

 

SENATOR MARTHA WANGARE TO KNOW HER FATE ON FRIDAY.

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BY SAM ALFAN.

Nominated Youthful Senator Martha Wangare will know her fate on Friday whether she will fly the Jubilee parliamentary for Gilgil Constituency in coming general election or not.

The sitting Member of Parliament Mathenge Ndiritu moved to the high court to challenge the Political Parties Dispute Tribunal ruling that ruled that Jubilee party issue the nomination certificate to Martha Wangare.

Wangare has urged the court to dismiss the appeal saying that votes cast in the 8 polling stations cannot be recounted since Ndiritu tampered with the election results in the said polling station, making a recount is impossible.

Through lawyer George Kithy, Martha Wangare says that it’s blatant criminal act on Ndiritu to consistently and persistently utter a false document being a Jubilee Party Preliminary Certificate.

“There is nothing called preliminary certificate in Jubilee Party and the only thing that exist is provision certificate. Impunity in this country must be arrested” Lawyer Kithi submitted.

He argued the evidence by Nderitu was speculative and Senator Wangare was duly elected Jubilee candidate for Gilgil Constituency and she was the constituents’ choice.

Mr Kithi trashed the appeal by the sitting MP referring to it as an academic exercise. He further claimed he was served on Sunday when then the lists of candidate was already presented to the IEBC.

She argues that the impugned certificate is fraudulent which was prepared by Ndiritu even before the nomination exercise.

Ndiritu says that the political party Dispute Tribunal misled itself on the facts and law adding that his constitutionally guaranteed political rights are being illegally and capriciously limited to his disadvantage and to the great disadvantage of the people of Gilgil Constituency.

The high court will deliver the ruling on Friday.

 

 

WARRANT OF ARREST FOR MURANG’A MCA.

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BY NT CORRESPONDENT.

A Nairobi Court yesterday issued a warrant of arrest against Muranga County Assembly Member Peter Mburu Muthoni for failure to appear in court to answer fraud charges.

The politician, who is allied to Jubilee Party and has represented Kagundui-ini Ward if accused of obtaining Sh 2.2million from Alice Peninah Wanjiku by pretending that he was in a position to sell her an Isuzu truck.

The offence was allegedly committed between June 18 and 29, last year, at Pioneer House in Nairobi using the name of Solomon Kamau Nyingi. He is facing five other charges, including forging a court order.

Mburu, who is out on Sh2million cash bail, is alleged to have presented a fraudulent courter order to Wanjiku purporting it was issued by the Milimani Commercial Court for the attachment and sale of personal property. He is alleged to have falsely introduced to Wanjiku as Solomon Kamau Nyingi.

DPP TO TENDER EVIDENCE THROUGH VIDEO CONFERENCE IN ANGLO-LEASING CASE.

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Director of Public Prosecution Keriako Tobiko who is seeking to be allowed to tender evidence of some of the remaining prosecution witnesses in the Anglo-leasing case.

BY SAM ALFAN.

Director of Public Prosecution wants to be allowed to tender evidence of some of the remaining prosecution witnesses in the Anglo-leasing case by video conference.

In an application filed before Anti corruption court through state Counsel Eva Kanyuira, states that amongst the witnesses the prosecution intends to call and whose evidence is of importance in guiding and assisting the court to reach a decision in the case are Bradley Charles Birkenfeld, a citizen of the Unites States of America and Professor Jason Sharman, an Australian national and resident of the United Kingdom currently working at Cambridge University. Also expected to testify is Srinivisan Ramachandran , an Indian national , Currently residing in Switzerland.

They prosecution further states that the witnesses have been in communication with EACC and have confided that, owing to various reasons including but not limited to busy schedules and security concerns, they are unable to travel to Kenya and testify physically in court.

“It is apparent from the witness statement that, the evidence of the witnesses is essential to this case, “says Kanyuira.

She further says that that the prosecution will undertake to make such arrangements as are necessary during the tendering of evidence via video conference to ensure and safeguard the dignity of the court.

During the tendering of evidence by video link the court will not move from its current jurisdiction buy only witnesses will testify outside jurisdiction.

The three witnesses are expected to testify from Kenya High Commission in the United Kingdom between 24 and 26 July 2017.

Trial to proceed.