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PRESIDENTIAL CANDIDATE GICHIRA TRIUMPH’S AGAINST IEBC ONCE AGAIN.

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Presidential aspirant Solomon Peter Gichira with his wife leaving Milimani law court after high court compelled IEBC to accept his nomination paper on Friday June 16 ,2017.

BY SAM ALFAN.

Presidential aspirant Solomon Peter Gichira has been allowed to present his nomination papers to the Independent Electoral and Boundaries Commission (IEBC) within 36 hours.

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

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

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

IEBC was slapped with the cost of the application.

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

Presidential aspirant Solomon Peter Gichira with his runningmate Kelly Watimah leaving Milimani law court on Friday June 16 ,2017.
Presidential aspirant Solomon Peter Gichira with his runningmate Kelly Watimah leaving Milimani law court on Friday June 16 ,2017.

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

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

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

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

“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 Gicira 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.

Justice 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.

WAVINYA NDETI STILL IN CCU, IEBC SAYS.

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Embattled Machakos gubernatorial candidate Wavinya Ndeti following proceedings before Justice George Odunga where IEBC maintains Wavinya Ndeti did not resign from the chama Cha Uzalendo Party as required by the law on Friday June 16, 2017 /PHOTO BY S. A. N.

BY SAM ALFAN.

Independent electoral Boundaries Commission (IEBC)  maintains Wavinya Ndeti did not resign from the chama Cha Uzalendo Party as required by the law.

Lawyer Paul Nyamodi submitted that as of the date of the purported resignation -6th of April Wavinya ndeti is still a member of CCU, In their submission IEBC said that Wavinya only became a member of Wiper Party on the 24th of April 2017 when CCU entered into a coalition agreement with wiper party.

“Wavinya Ndeti became a member of Wiper on the 24 th of April 2017 and not on the 5th as they want people to believe. She is not eligible to seek any elective position as a member of wiper having joined after the maximum 120 days membership requirement which begun on the 8 of April 2017” submitted Nyamondi.

The coalition agreement does not meet the threshold of resignation from one party. Lawyer Paul Nyamodi argued that Wavinya is guilty of party hoping.

Wavinya is not eligible to be nominated by any party to contest in any seat in the general elections.

“The grounds made by Wavinya in this case including that of legitimate expectations have not be proved and for those reasons the application for judicial review should be dismissed with costs,”argued Nyamodi

However Ndeti dismissed the arguments by IEBC saying that she resigned from CCU party on the 5th of April.

In her submissions Wavinya submitted that IEBC had no jurisdiction to hear and determine the matter filed before the electoral commission committee.

Wavinya further questioned the jurisdiction of the IEBC committee to determine the question of party membership saying that the powers to determine membership is vested on the political parties Dispute Tribunal.

She urged justice George Odunga to quash the IEBC committee decision that barred her from contesting in the August polls.

Through her lawyer,the court was told that IEBC was a wrong forum for the petitioner to raise his complaint against Wavinya Ndeti.

“The only avenue for him was to appeal against the decision at the high court not IEBC,” argued. Wavinya She further submitted that the MCA was not a candidate during the nomination process adding that he came in at the last minute as a busy body.

High court judge George Odunga will next week deliver a ruling on the nomination of Wiper Gubernatorial aspirant Wavinya Ndeti.

ODM YOUTH LEADER IN GUN DRAMA CHARGED.

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Orange Democratic Party youth leader Benson Musungu before Nairobi Magistrate Court on Thursday June 15, 2017 /PHOTO BY S. A. N.
BY NT REPORTER.
An Orange Democratic Party (ODM) youth leader has been charged with illegal use of a firearm before a Nairobi court
Benson Musungu appeared before Magistrate Kenneth Cheruyiot and denied the charges. The court heard that the accused committed the offence on April 5, 2017 at Orange house in kilimani, Nairobi.
Musungu was also charged with forging a firearm certificate document contrary to the law. He is said to have had led a group of protesters to Orange House to demand why Elizabeth Ongoro was not nominated as Ruaraka parliamentary seat contestant
The prosecution said Musungu brandished an illegal firearm at the party headquarters and was found in possession of a forged a firearm certificate number 9934 purportedly issued by the chief firearms licensing officer.
He was accused of being found in possession of 14 bullets at Orange House on April 5 2017.It is alleged that he fired randomly at the party headquarter demanding why Ruaraka parliamentary incumbent  Tom J Kajwaang had been given a direct nomination as opposed to Ongoro.
He was also charged with being found in possession of a pistol make Parabellum without a license. Musungu is also charged with behaving disorderly while carrying a firearm by firing one shot in the air.
He was released on Sh1 million bond or a cash bail of Sh 200,000.The case will be heard on July 25 2017.
Two police officers are listed as witnesses. It is said that the alleged crowd was demonstrating while accusing the ODM national elections board of removing Ongoro’s name from the list of contestants for the Ruaraka parliamentary seat.
They are alleged to have tried to force their way into ODM executive director Oduor Ong’wen accusing favoring Kajwang in the nomination.

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.

Nairobi TIMES. Your story, our story.:

“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.