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NKAISSERY ORDER ON MERU ISIOLO DISPUTE REVOKED.

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Interior Cabinet Secretary Joseph Nkaissery who his decision over Meru Isiolo border dispute has been declared illegal.

BY SAM ALFAN.

High Court has declared decision by Interior Cabinet Secretary Joseph Nkaisery to constitute the Meru /Isiolo Boundary Dispute Committee was illegal.

Justice  John Mativo ordered the Boundary Dispute Meru / Isiolo counties to be resolved by an independent commission set up by Parliament.

He further ordered any claims of historical  injustice regarding the presently land occupied by the people of Meru and Isiolo counties shall be referred to National Land Commission for investigations and recommendations to Parliament.

The court further quashed the implementation of the said report Committee report.

In his judgment Mativo noted that that the committee set up to resolve the boundary dispute between the two counties was unlawfully set up adding that the role should have been played by an independent commission.

Further the court directed that the boundaries Dispute between Isiolo and Meru counties be resolved by an Independent Commission to be set up by parliament under Article 188 of the Constitution.

According to the judgment any claims of historical injustices regarding the presently land occupied by the people of Isiolo and Meru Counties shall now be referred to the National Land Commission for investigation and recommendation to parliament to deal with.

“It is my understanding of the law that in the meantime, issues to do with demarcation of boundaries and claims of historical injustices should be well channeled and resolved through the National Land Commission, “ruled Mativo.

Meru and Isiolo counties have also been wrangling over border areas in Kisima, Chumvi Yarre, Gambella and Tractor.

In December 2,2015 , High court temporarily halted a committee appointed by the Cabinet Secretary for Interior and Co-ordination of National Government from publishing a report a rising from demarcation of boundaries dispute between Meru and Isiolo communities

The resolution and any finding from the recently concluded demarcation of the boundary dispute between the two tribes should not be made public, until the matter pending before the court is determined.

Justice Mumbi Ngugi, said whereas there is petition before the court challenging the composition of members appointed by the CS has been disputed the report being prepared by the committee should a wait the out come of the court decision.

The judge said there will be no prejudice suffered if the report is held in abeyance to avoid tension among the two tribes.

Residents of Isiolo County moved to court seeking Interior CS Joseph Nkaiserry stopped from interfering with the Meru/Isiolo boundary dispute.

They say that the dispute is a creation of some leaders from Meru County with ill agenda of taking away the lucrative and ongoing upgrade of Isiolo airstrip.

The project is set for Sh900 million and has a passenger terminal building with an area of 4800 square meters and a capacity to handle estimated 125, 000 passengers a year.

Together with their Governor Hassan Guyo Shano, the residents hold that Meru leaders want to use government machinery as is manifest by the actions of CS Nkaiserry to also claim the 6200 acres of land mapped for the proposed Isiolo resort city.

Governor Guyo said that the land was valued at Sh6 billion in 2012 and that there is eminent threat that the land will be taken away out of the reach of Isiolo residents.

The residents also say that the sudden interest by CS Nkaiserry to settle the boundary dispute is suspect, reeks of ill motive and that the same is influenced by the impeding developments of Lamu Port-South Sudan-Ethiopia-Transport LAPSSET corridor project scheduled to pass through Isiolo County.

Through their Lawyer George Kithi, the residents say that the political environment among the communities in Isiolo is tense due to the alleged illegal decisions made by CS Nkaiserry on November 1 when he toured the region and that the resolutions can alleviate political or tribal clashes.
“The CS has no power whatsoever to appoint a team to adjudicate carry out survey and demarcate boundaries between two communities or any community at all,
“The acts need to be curtailed since the same are done without following the due process established in the constitution but purely unorthodox and unconventional means to influence the demarcation of the boundaries,” the residents said.
The people of Isiolo say that it is evident that out of the 14 members of the “impugned” joint team, 4 are purportedly representatives of Isiolo while 8 members are from Meru region. There is only one resident out of the alleged four representatives of Isiolo County.
“Constitution of the alleged committee is oriented at seeking an ethnic front-line that is imbalanced and oriented at dominating a thought process…it manifests skewed representation and a bid to sabotage, strife and or silence the voice of Isiolo residents,” they told a Nairobi court.
Governor Guy asserted that the communities in Isiolo are many but the largest are Samburu, Turkana, Borana, Somali who ought to be considered in any team to adjudicate on land issues and boundary disputes in bid to obtain ethnic balancing, fairness and protection of the marginalized.
The committee comprises of Clare Omollo-Regional Coordinator Eastern, Chairperson Wilfred Nyangwanga-County Commissioner Meru, George Natembeya-County Commissioner Isiolo, Martin Bikuri-CEC Lands and Planning Meru, Daniel Kamanja- Lands Registrar Meru, Alexander Njagi- Land Surveyor Meru, John Wanyoike- Chief Valuer Meru, Harrison Musumuiah-Lands Registrar Meru, PatrarchMunyalo-District Lands and Settlement Officer Meru, Philip Mengi- Lands Registrar Isiolo, Stephen Njuguna- Surveyor Isiolo, KimathiKaberia- Land Surveyor Meru, Ahmed Shone-CEC Lands and Planning Isiolo and Beverly Opwora- Personal Assistant/RC, taking minutes.

They therefore asked the court to issue orders barring the committee from constituting, conversing, instructing or in any way conducting works, adjudicating, surveying the boundaries or subjecting the existing boundaries delineating Isiolo county and demarcation or making boundaries of Isiolo county or against other neighboring or bordering counties including Meru.

IEBC IN TROUBLE FOR LOCKING OUT PRESIDENTIAL ASPIRANT.

By Nairobi Times -
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IEBC chairman Wafula Chebukati presides over complainants committee proceedings at Milimani Law Courts on Monday June 5,2017/PHOTO BY S. A. N.

BY SAM ALFAN.

Independent Electoral and Boundaries Commission (IEBC) is in big trouble for locking out a presidential candidate despite having a court order.

High court directed IEBC to explain why it locked out independent presidential aspirant Peter Solomon Gichira.

Justice George Odunga gave the national elections agency until tomorrow to file sworn statements regarding requirements that Gichira was unable to fulfill before he was formally locked out of the August 8 General Election.

The IEBC has already appointed veteran lawyer Kamau Karori to challenge Gichira’s quest to run for the presidency on the basis that he was time-barred after failure to present the list of at least 48,000 supporters in electronic format.

The Judge recalled having nullified restrictions imposed by the IEBC on independent presidential candidates on May 17  to present the contentious list of at least 2,000 nominees from 24 counties by way of Microsoft Excel.

Justice Odunga said Gichira was at liberty to file responses to replying affidavits lodged by the EBC to facilitate urgent hearing tomorrow. The deadline for all nominations is on June 9.

In an urgent application, the aggrieved candidate said he was likely to be excluded from participating in the August 8 General Election after IEBC deliberately disobeyed court orders allowing him to submit the contentious papers.

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.

High Court has allowed independent presidential candidate Solomon Gichira to challenge his disqualification by the Independent Electoral and Boundaries Commission (IEBC).

Justice Odunga will hear the matter Monday  after the aggrieved candidate said he was likely to be locked out of the race after IEBC cleared eight aspirants after the two-day exercise in Nairobi on Monday.

Gichira has cried foul that he had been turned away and his candidacy rejected on the basis that he had been time-barred in submitting a list of signatures of at least 48,000 supporters countrywide.

In an urgent application, the aggrieved candidate said he was likely to be excluded from participating in the August 8 General Election after IEBC deliberately disobeyed court orders allowing him to submit the contentious papers.

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.

Two weeks ago, Justice George Odunga 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.

FATHER IN COURT FOR DEFILING DAUGHTER.

By Nairobi Times -
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George Odhiambo Oyoo accused for defiling his 10 years daughter escorted to Milimani law court basement cells.

BY NT REPORTER.

A 47 years old man has been arraigned before the a Nairobi court for defiling his ten years old daughter.

George Odhiambo Oyoo appeared before senior principle Magistrate Kenneth Cheruiyot and pleaded not guilty.

It is alleged the offence was committed between March and May 31st of this year.

The offence was committed at Riverside Estate in Ruaraka, within Nairobi County.

According to the covering report the incident was confirmed by her class teacher after students noticed blood on her uniform.

The girl didn’t opened up until 30th May when the teacher asked the father to buy sanitary towels but the father declined and insisted that’s she is still young.

The response made the teacher to investigate further.

It is the class teacher and her workmate who proceeded with the child and reported the matter at Ruaraka Police station where the child said the father has been defiling her at night by removing her inner wear and threatening her not report to anyone.

The child’s behavior had changed which was noticed by the class teacher and church members that she is always sad and silent which was unusual to them since they knew her.

She was taken to the hospital and she was confirmed having being defiled. The father was arrested.

It is alleged that after investigations were conducted, it was confirmed that she had reported the incident to the uncle who did nothing to help her which prompted her to report the matter to the class teacher.

The man has been detained until the minor  testifies where the court.

102 VOTERS SUPPORT WAIGURU BID TO QUASH PAC REPORT.

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Former Devolution Cabinet Secretary Ann Mumbi Waiguru leaving after appearing before Parliamentary Account Committee (PAC) on March 16.2016.

BY SAM ALFAN.

102 voters from Kirinyaga County have backed bid by former Devolution Cabinet Secretary seeking report by Parliamentary Account Committee (PAC)  quashed.

The voters of the said County argue that the said report has failed to take into account all the relevant factors.

They claim that the National Assembly recommendation again the Jubilee Party gubernatorial candidate be barred from vying any elective office contravenes the provisions of Article 81(A) AND (D) as they will not be in a position to exercise their political rights.

They further argue that the National Assembly failed to facilitate public participation and involvement in its business before reaching its decision.

“In arriving at its decision, national Assembly contravened the provisions of Article 70 which establishes an Ethics and Anti-corruption Commission which is mandated to deal with ethical matters, “reads the petition.

The Kirinyanga Gubernatorial aspirant filed a similar case at the court challenging the National Assembly’s Public Accounts Committee recommendations

PAC ordered she held responsible for the loss of over 719 million Shillings at the National Youth Service and recommended that a lifestyle audit on Waiguru and top officials in the devolution ministry be conducted for the last five years and that the outcome be made public by December 31.

Waiguru last month moved to court seeking to have the same report by Public Account Committee which was adapted by Parliament quashed.

Waiguru also wants the Ethics and Anti-corruption  Commission barred from conducting a thorough lifestyle audit .

In the period the former CS wants the commission restrained from commencing fresh investigations.

She argues that the findings of PAC on the special Audit report dated May 2016 on the Accounts of NYS :that she is responsible for the entire loss of public funds at the ministry during her tenure is irrational.

She argues that in reaching its findings PAC relied heavily on the uncorroborated, contradictory and false evidence of Josphine Kabura .

“No evidence was producer before PAC linking me to the companies allegedly paid within the record time of delivery of goods and services,” Waiguru says in court documents.

Through lawyer Issa Mansour,   She further claims that the decisions of the PAC is not only irrational but also unreasonable in view of the fact that there was no evidence of impropriety by her at the ministry and NYS to support a finding that she contravened provision of chapter 6.

The lawyer submitted that,  the committee disregarded the evidence of Ndegwa Muhoro, the DCI director, who had investigated the matter and found out that documents relating to the NYS scandal were found in the houses of suspects already facing prosecution.

Mansur said there is no new evidence to warrant a decision for fresh investigations against Waiguru, and that the decision is an abuse of office.

COURT BLOCKS SEIZURE OR SALE OF TOYOTA HINO TRUCKS.

By Nairobi Times -
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Lawyer Harrison Kinyanjui for several motorists who have sued Toyota Kenya over HINO FC500 model vehicles saying that they are unfit for sale in the Kenyan automotive industry.

BY SAM ALFAN.

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

Justice Francis Tuiyot issued the order against the company on Friday morning.

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.

“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 paten 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 busses they could not have developed such engine failure, overheating problems and break failure during the subsistence of the warranty, “reads court documents.

Toyota Kenya Limited, Nairobi Hino, Tsusho Capital Kenya Ltd and Kenya Bureau of Standards have been named in the case.

The matter is fixed for hearing on June 14.

 

INDEPENDENT PRESIDENTIAL ASPIRANT TO CHALLENGE DISQUALIFICATION BY IEBC.

By Nairobi Times -
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Independent presidential candidate Solomon Gichira before a Nairobi Court on Monday.

BY SAM ALFAN.

High Court has allowed independent presidential candidate Solomon Gichira to challenge his disqualification by the Independent Electoral and Boundaries Commission (IEBC).

Justice Odunga will hear the matter Monday  after the aggrieved candidate said he was likely to be locked out of the race after IEBC cleared eight aspirants after the two-day exercise in Nairobi on Monday.

Gichira has cried foul that he had been turned away and his candidacy rejected on the basis that he had been time-barred in submitting a list of signatures of at least 48,000 supporters countrywide.

In an urgent application, the aggrieved candidate said he was likely to be excluded from participating in the August 8 General Election after IEBC deliberately disobeyed court orders allowing him to submit the contentious papers.

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.

Last week, Justice George Odunga 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.

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

Justice George Odunga ruled that Section 29 of the Elections Act-which imposed the sanctions exclusively on presidential candidates-contravened Article 27 of the Constitution that enshrines freedom from discrimination.

 

MURANGA GOVERNOR IN ANOTHER LEGAL SUIT.

By Nairobi Times -
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Muranga Governor Mwangi wa Iria who is facing another legal battle over unresolved corruption allegation.

BY NT CORRESPONDENT.

Muranga Governor Mwangi wairia is facing another legal battle over the alleged unresolved corruption allegation.

A voter Jackson Kiroko Ndegwa claims there is real and present danger in allowing WA Iria to defend his seat regardless of his integrity which is still being questioned.

In a certificate of urgency Ndegwa claims that the County Boss does not meet the Constitutional threshold on Leadership and Integrity under Chapter 6 following the unresolved claims touching on his integrity.

He now wants the court to direct the DPP to investigate and institute criminal proceedings against the governor for corruption and abuse of office.

The petitioner further wants the court to restrain Wairia from contesting and a declaration that it would be unconstitutional for any  state organ to clear him.

PRESIDENTIAL HOPEFUL STILL SEEKS NOMINATION AFTER DEADLINE.

By Nairobi Times -
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BY NEWS DESK.

Independent Presidential aspirant Solomon Gichira accused of attempting to commit suicide has petitioned the High court  to compel the Independent Electoral and Boundaries Commission (IEBC) to be enlist him for the race incoming general election.

Mr Gichira cried foul that he had been turned away and his candidacy rejected on the basis that he had been time-barred in submitting a list of signatures of at least 48,000 supporters countrywide.

In an urgent application, the aggrieved candidate said he was likely to be excluded from participating in the August 8 General Election after IEBC deliberately disobeyed court orders allowing him to submit the contentious papers.

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.

 

Last week, Justice George Odunga 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.

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

Justice George Odunga ruled that Section 29 of the Elections Act-which imposed the sanctions exclusively on presidential candidates-contravened Article 27 of the Constitution that enshrines freedom from discrimination.

“I declare that the requirement issued by IEBC on May 17 that presidential aspirants do submit their nomination signatures by way of Microsoft Excel is unlawful and unconstitutional,” Justice Odunga had said.

“The IEBC went overboard and purported to unlawfully and unjustifiably restrict or limit the rights of such candidates to exercise their political rights under the Constitution. I find that the requirement does not meet the fairness and reasonability test as provided for under Article 24 of the Constitution,” the Judge observed.

The Judge said the requirement that presidential candidates could only be nominated by members of their political party “contravenes Articles 27 (2) and (4) and Article 137 (1) (d) of the Constitution and is, therefore, null and void.”

 

OBURE CLEARED ON JUBILEE TICKET.

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Deputy President William Ruto with Jubilee Kisii gubernatorial candidate Chris Obure.
BY NT CORRESPONDENT.

Former Foreign Affairs minister Chris Obure has has been declared  as the Jubilee nominee to run for the gubernatorial seat for Kisii County.

Jubilee Party will present its tickets to Jimmy Angwenyi to run for the Kitutu Chache parliamentary seat, Zebedeo Opore for Bonchari and Simon Ogari for the Bomachoge Chache constituencies.

The aggrieved party members who secured orders for repeat nominations-Ibrahim Ndemo Atuti, Mary Kemunto ratemo, Kennedy Nyamweya and Alfred Nyangweso have agreed to support the party’s policies and programmes and will participate in the presidential campaigns.

Equally Jubilee yesterday undertook to support them in case they run as independent candidates and compensate them for the expenses they incurred during the botched nomination exercise.

They parties recorded the mutual agreement before High Court Judge Hedwig Ongu’di.

The consent was the only of the kind since political parties dispute started being filed in court after shambolic nomination by political parties.

EMBAKASI EAST ASPIRANT MAINA WARUINGE CHARGED FOR THREATENING TO KILL.

By Nairobi Times -
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Embakasi East Parliamentary aspirant Stephen Maina Waruinge before a Nairobi Court on Monday May 30,2017/PHOTO BY S. A. N.

BY NT REPORTER.

A parliamentary aspirant for Embakasi East Constituency has been charged with threatening to kill.

Stephen Maina Waruinge who is running on a independent, through lawyer Kibe Mungai objected to plea taking and made an application to differ a plea claiming that it was just political problems.

He is alleged to have committed the offense on April 19, 2017 at Lacastle Club in Mihango Area of Embakasi East Constituency within Nairobi County, jointly with others not before the court.

Mr Waruinge is said to  have threatened Jubilee party candidate Francis Mureithi Wambugu by uttering the words “Hata Mugabe Were alishinda hii kiti lakini hakukalia” (Even Mugabe Were won this seat but he never occupied it) words which are allegedly meant to threaten to kill.

The prosecution opposed his release on bail claiming that the accused was arrested pursuant to an arrest warrant on May 28, 2017 and the investigating officer is still investigating the matter.

“The accused has other associates who are yet to be apprehended and one of them NDURA Waruinge is at large and has a pending warrants of arrests.” Said prosecutor Dancun Ondimu.

He added that the words uttered were directed to the complainant who is a parliamentary aspirant for Embakasi East Constituency.”Due to ongoing electioneering period, the matter has attracted huge public attention and should therefore not be taken lightly as it involves the life of a Kenyan Citizen,” said Ondimu.

He added that due to the seriousness of the offense, possible sentence in case of conviction and the likelihood of facing more charges makes the accused person a flight risk.

He was released on Sh 500,000 cash bail or a bond of Sh 500,000 plus two sureties of similar amount.

Andayi further directed him to present two people of good social standing that will vouch for him in court and would commit to ensure he remains good throughout the trial.

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