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COURT ORDERS REPEAT OF ODM NOMINATION FOR KISUMU CENTRAL.

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Former TNA Secretary General who is vying for Kisumu parliamentary sit with NASA flag bearer Raila Odinga.

BY NT CORRESPONDENT.

High court judge Francis Tuyiot has ordered ODM party to repeat the nomination of Kisumu Central Parliamentary seat within 72 hours.

This follows a successful petition filed by former TNA Secretary General Onyango Oloo.

The judge directed the party to repeat the nomination exercise within 72 hours. He further argued that the tribunal erred in law when it dismissed his case. He was challenging the nomination of Fred Odhiambo.

Mr Oloo claimed that the nomination exercise was marred with irregularities. Oloo moved to the high court after the tribunal dismissed his case.

ODM, Returning officer Laban Bosire, Fred Odhiambo, Ken Obura and the Kisumu Central Constituency Election Panel have been named as respondents in the case.

Orange Democratic Movement asked the Political Parties Dispute Tribunal (PPDT) to dismiss a case filed by former TNA secretary General Onyango Oloo.

ODP Party Legal Officer Anthony Muturi says that all participants in the ODM Parliamentary nomination certificate for Kisumu Central Constituency received equal treatment and citizens were given their opportunity to democratically nominate candidates of their choice.

He further says that a certificate that has already been issued cannot be set aside unless the complainant can demonstrate to the tribunal that the process of the nomination was marred with irregularities as aspect that is not yet proved.

“The application is irrelevant, illegal and irregular and as such the honorable Tribunal should dismiss it and dismiss the suit in totality with costs, “states ODM.

In its response to Oloos petition, the party says that the outrageous allegations raised by the complainant are of criminal nature and if in deed there’s any true the complainant together with the returning officer should have involve the law enforcement forces immediately.

ODM says the allegations by Onyango Oloo are baseless and puts him to strict proof of the same. Muturi for the party says that it is National Appeals Tribunal made the decision of announcing and awarding the Fred Odhiambo as the winner of the Member of Parliament Kisumu Central Constituency nomination mainly because the suit was fatal, defective as it was announced by an authorized person.

“ODM is a party that promotes inclusiveness, democracy and participation of the people in the nomination of candidates for election standing buy the values of free, fair and regular elections, ’argues ODM.

The party says what Onyango is seeking cannot be granted because he has failed to demonstrate to the tribunal that the nomination process was marred with irregularities.

Oloo filed a complaint before the tribunal challenging the nomination of Fred Odhiambo claiming that the exercise was marred irregularities.

 

 

BETTING COMPANY TO PAY 1.5 MILLION FOR USING CHILDREN PHOTO’S TO PROMOTE GAMBLING.

By Nairobi Times -
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Lawyer Harrison Kinyanjui for two two parents who sued Green Sports Africa limited and for using photographs o their children in promotional advertisements leaving Milimani law court on Friday May 12,2017 / PHOTO BY S.A.N.

BY SAM ALFAN.

The High Court has directed a betting firm to pay Sh1.5 million compensation to two parents for using photographs o their children in promotional advertisements.

Justice John Mativo said the firm, Green Sports Africa Ltd, violated the fundamental rights and freedoms of the minors by using their images on the bill board which was erected next to Unga House, Woodvale Avenue in Westlands, Nairobi County.

The children were entitled to damages since their rights were protected by law. “There is absolutely nothing to demonstrate that the firm sought and obtained the consent o the parents.

By voluntarily posing for the photographs the children cannot be said to have consented for the simple reason that they lacked the requisite capacity to grant the consent on account of being minors,” the Judge said.

“A declaration is hereby issued that fundamental rights and freedoms of the two minors N.T.A and T.O.O were violated by the Green Sports Africa Ltd. actions of using their photograph in the Billboard which was erected next to Unga Housed, Woodvale , wetlands Nairobi County shared among the two minors” ruled the judge.

The two parents had sued Green sports Africa limited and Mcheza Limited.

CASE BACKGROUND.

Last year in August high court Judge Joseph Onguto slapped the injunction against Green Sports Africa Limited , and Mcheza.

Court slapped an injunction against Green Sports Africa Limited , public relationship firm Acumen Communication Limited, Nairobi county government and Attorney General pending outcome of the petition filed by two aggrieved parent of the youngster’s.

Parents of two youngsters used on the billboards, through lawyer lawyer Harrison Kinyanyui sued the betting companies for using their children as the image of betting in the country without their consent.

The parents said that it is either the billboards are pulled down or destroyed immediately.

Our children’s images are used to promote gambling in the country, this is unacceptable, they held.

They said that it was a clear indication of the exploitative nature of the gambling industry in Kenya.

According to the parents, Green Sports Africa Limited and Mcheza Limited unlawfully and without the consent of the minors’ parents, put up advertisement by way of a billboard next to Unga house, located along Woodvale Avenue at Westlands bearing the images of their children.

After making frantic efforts for the billboard to be pulled down, all pleas were rebuffed by the two companies.

This comes in the wake of a motion brought about by the minority leader in the National Assembly pursuing a law to regulate gambling industry in Kenya. The motion was however defeated and as such withdrawn until any other time.

The parents of the minors say that Green Sports Africa offered to pay 10,000 shillings to the minors which according to the parents demonstrate the exploitative nature of the said advertisement.

Through lawyer Harrison Kinyanjui, the court heard that the two betting companies are violating section 28 of the betting, Lotteries and the Gaming Act, Cap 131 and the principle of the rule of Law under Article 10(2) of the constitution.

The parents one of whom is the CEO of Home Africa Limited want the court to issue an order directing the immediate removal and destruction of the billboard along Woodvale Avenue bearing the minor’s images promoting gambling.

The expenses of the billboards removal, they say should be done at the expense of Green Sports Africa Limited, Mcheza Limited and Nairobi City County Government.

CRIMINALS BELOW 18 YEARS SHOULD NOT BE JAILED, COURT ORDERS.

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High Court judge, Justice John Mativo who delivered a landmark judgement imprisonment of juveniles and unlawfully holding them in prisons while awaiting presidential pardon.

BY SAM ALFAN.

Minors who have committed crimes may soon be released if a decision made in court is anything to go by.

Juveniles jailed indefinitely while awaiting presidential amnesty should not be incarcerated.

The High Court has nullified indefinite imprisonment of juveniles and unlawfully holding them in prisons while awaiting presidential pardon.

Justice John Mativo drove the point home by ordering the release of six prisoners who were convicted in various courts and sentenced to be detained pending presidential pardon when they were aged between 12 and 17 years.

The beneficiaries are Joseph Karatu Mugo, who has been in prison for eight years, Benson Njihia and Stephen Irungu Mungai (14 years), Nzioka Kitili Mwongoi (15 years), Jackson Nyakundi (22 years) and Thomas Owino Ondeny (23 years).

In 22-page judgment court ruled that children’s detention at the President’s pleasure is unlawful for abdicating judicial discretion to the Executive and violates the doctrine of separation of powers among the three arms of government, the court ruled.

In a landmark decision, Justice Mativo declared Section 25 (2) and (3) of the Penal Code-which allows incarceration of minors awaiting presidential pardon-violated Articles 53 and 160 of the Constitution and international conventions governing the rights of children.

“I find that Section 25 (2) of the Constitution is inconsistent with the provisions of Article 53 (1) (f) of the Constitution which provides that a child has the right not to be detained, except as a measure of last resort, and to be held at the shortest appropriate period separate from adults and in conditions that take account of the child’s sex and age,” said Mativo J.

Under the law, convicted minors cannot be punished by death or detained indefinitely in prison at the mercy of the President, he said.

Juvenile offenders should be separated from adult prisoners and their detention in borstal institutions should be a last resort and for the shortest period possible, the court reiterated.

In a landmark decision, Justice Mativo said the sentence of imprisonment at the President’s pleasure is abdicating judicial discretion to the Executive and can easily translate into a life sentence.

“To sentence a person to what may potentially constitute life imprisonment infringes on the rights of such a person not to be subjected to cruel, inhuman or degrading punishment,” he said.

“I must emphasise that children’s rights are of utmost importance in our society. Courts are required to distinguish between children and adult offenders when sentencing and children must enjoy preferential sentencing treatment, Justice Mativo observed in his 22-page judgment.

“All that the Constitution requires is that children be treated as children; with care, compassion, empathy and understanding of their vulnerability and inherent frailties. Even when they are in conflict with the law, the hand of the law cannot be permitted to fall hard on them like a sledge-hammer lest it destroys them.

The Constitution demands that the criminal justice system be child-sensitive,” Justice Mativo pointed out.

 

GAKUYA TO FLY JUBILEE PARTY TICKET FOR EMBAKASI NORTH.

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Lawyer Danstan Omar for Embakasi North Jubilee Party Parliamentary candidate James Mwangi Gakuya.

BY SAM ALFAN.

The Political Parties Dispute Resolution Tribunal has ordered Jubilee Party to Issue a nomination certificate to James Mwangi Gakuya for Embakasi North Parliamentary Seat.

Lead by Kyalo Mbobu, James Atema and Hassan Abdi, PPDT ruled that Gakuya was validly elected and therefor he should be issued with the nomination certificate.

“The complainant James Mwangi Gakuya was the duly nominated contestant for Member of Parliament Embakasi North Constituency under the Jubilee party on April 26, 2017,”ruled Kyalo.

Gakuya filed the complaint through his lawyer Danstan Omar on May 7, 2017 under certificate of urgency and it was heard by the panel. He was seeking orders compelling Jubilee Party to issue him with the nomination certificate or Jubilee ticket as the winner and lawfully nominated contestant for MP Embakasi north.

“I am seeking for a declaration as a winner and lawfully nominated contestant for MP Embakasi north constituency,” said Gakuya.

He also wanted the tribunal to quash the decision by the Jubilee Party appeal tribunal for militating against democracy.

Mr Omari said tribunal decision stamped the people choice in Embakasi North and welcomed the decision by Kyalo led tribunal.

 

 

HIGH COURT CLEARS LAIKIPIA GOVERNOR IRUNGU TO VIE ON A JUBILEE TICKET.

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Justice Aggrey Muchelule who has ruled former Laikipia West Member of Parliament Nderitu Muriithi is not a Jubilee party and he can’t challenge party decision/ PHOTO BY S.A.N.

BY SAM ALFAN.

Former Laikipia West Member of Parliament Nderitu Muriithi who is also gubernatorial candidate Laikipia County has suffered a major blow.

This after High court upheld tribunals ruling and dismisses an appeal by Nderitu’s that sought to overturn the tribunals ruling which ordered jubilee party to issue the incumbent with the certificate.

Justice Aggrey Muchelule ruled that Muriithi is not a member of Jubilee Party and therefor he cannot be issued with the party certificate or challenge the party decision..

“Political Party Disputes Tribunal did not error in awarding Irungu with the nomination certificate and therefore I upheld its decision,” said Muchelule in his short ruling.

Murithi had appealed against the decision by the Political Parties Dispute Resolution Tribunal to grant Joshua Irungu with a nominations certificate.

Mr Nderitu filed an appeal in the high court claiming that PPDT erred in fact and in law in presuming the entire population are members of the Jubilee Party and therefore entitled as a matter of right to participate in party nominations.

“PPDT member’s erred in law by failing to recognize that the party nominations are not open to all voters and thus discrimination laws do not apply,” said Murrithi.

He continued that PPDT member’s erred in law by interfering with the discretion of the Jubilee party.

In the appeal, Muriithi had argued that PPDT’s decision was a nullity of law. In response Irungu said that Muriithi is not even a member of Jubilee party.

“Muriithi is no longer a member of Jubilee Party and can therefore be granted rights that are a privilege to party members, “said Irungu.

Irugu’s lawyer Tom Ojienda responded that the registrar of political parties had confirmed that Muriithi ceased to be a member of Jubilee Party on May 8, 2017.

Jubilee Party had been given 12 hours to issue Laikipia Governor Joshua Irungu with a nominations certificate by the PPDT.

PPDT chairman Kyalo Mbobu warned on Monday that the party risks contempt charges if it fails to comply with the orders.

The party was on Thursday last week barred from issuing a certificate, cancelling or re-tallying the votes to alter the incumbent’s win.

Governor Irungu filed the application after Jubilee appeals tribunal nullified results of two polling stations in Laikipia North constituency.

The tribunal directed that Irungu’s win stands until the application is heard and determined.

The county boss raised suspicions that Jubilee wants to shortchange him in favor of his competitor Nderitu Mureithi.

The Political Parties Dispute Tribunal had ruled that Mr Irungu won fairly and that he should fly the JP flag thereby sealing the fate of two other aspirants, Nderitu Mureithi and former Foreign Affairs Permanent Secretary Thuita Mwangi.

Tribunal members Kyalo Mbobu, James Atemi and Hassan Abdi ruled they were convinced that Mr Irungu had fairly won the primary.

 

 

 

BRIAN WEKE CHARGED WITH ASSAULT.

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Chief Executive officer of the Institute for Education in Democracy before Nairobi Magistrate court on Wednesday May 10, 2017/ PHOTO BY S.A.N.

BY NT REPORTER.

Political activist Brian Weke has been charged with two counts of assault.

Mr Weke who is the Chief Executive officer of the Institute for Education in Democracy appeared before Milimani Senior Principal Magistrate, Helen Onkwani.

It is alleged that on 28 th April, 2017 at T Mall in Langata, he together with others assaulted Mbita Parliamentary Aspirant, James Akali and a bodyguard attached to a high court Judge Hedwig  Ibusa Ogundi.

Weke was also accused that on the same date together with,Asman Ngila, George Ochieng
and Nicholas Olum they  assaulted Isiaiah omondi Olango a police officer attached to the Ethics and Economic Crimes court.

He pleaded not guilty and was released on a Cash bail of 200,000 shs or a bond of 500,000 shillings and a surety of the same amount.

According to a police report Akali who was seeking to dislodge incumbent Millie Odhiambo, had travelled to Nairobi to file a complaint over what he said were massive irregularities in Mbita nominations.

The battle for the Raila Odinga-led party ticket in the constituency had turned tragic after a man campaigning for Odhiambo was killed in Mbita during the nominations.

Akali had reported to the police that his life was in danger and unknown people were trailing him with the intention of causing harm due to his “popularity ahead of the primaries”

Warrants of arrest were issued against the other three co- accused after they failed to show up in court.

The case will be mentioned on 12, June this year.

 

TAXMAN LICENSING DELAYING FOOD IMPORTS, COURT SAYS.

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Kenya Revenue Authority headquarters in Nairobi.
BY SAM ALFAN.

The taxman is delaying food imports, court says.

Kenya Revenue Authority has been given seven days to respond to a suit they are accused of stifling license renewals thereby occasioning delay in food importation.

Kenya International Freight and Warehousing Association is seeking orders to compel Kenya Revenue Authority to renew licenses of its 1,300 members.

High court judge Roselyn Aburili said, “There is no big dispute here, there’s is just some delay, we can’t do without importation something has to be done, and we don’t have food on our shelves.”

KRA said that the vetting process of the insurance is ongoing adding that the applicants should be patient.

Despite having complied with its renewal obligations and duly applied for the year 2017 License, KRA has refused to issue the License, the association says.

“The said extensions are not envisaged under the East African Customs Community Management Act,”they argue.

Proceedings resume in two weeks’ time.

 

KANU SECRETARY GENERAL NICK SALAT JAILED.

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KANU Secretary General Nick Salat and National Election Board Chairman Edward Kivuvani before political parties dispute tribunal which jailed them for 3 months on Tuesday May 9 ,2017/ PHOTO BY S.A.N.
BY SAM ALFAN.

KANU Secretary General Nick Salat and National Election Board Chairman Edward Kivuvani has been sentenced to three months imprisonment for failing to obey the Political Party Dispute Tribunal orders that the party carry out nominations in Fafi Constituency –Garissa County.

The Kyalo Mbobu tribunal also gave Salat an option of 200,000 shillings fine and directed that the party carry out nomination in Fafi for the parliamentary seat within 12 hours.

The tribunal in its ruling said that the party did not carry out a fair and transparent nomination exercise in the area adding that any certificate issued from the said nomination is null and void.

In the case Salah Yakub Farah sued the party together with its SG Salat saying that Salat and the chairman National Elections Board Edward Kivuvani disobeyed the tribunal orders dated 5th of May this year that required then to repeat the nomination for the parliamentary seat .

Fafi constituency has 5 wards namely Bura, Dekaharia; Jarajila; Fafi; Nanighi.

By the time of this publication Nick Salat and and National Election Board Chairman Edward Kivuvani were at Milimani Law courts basement cells.

NZOIA RESIDENTS OPPOSE GOVERNOR’S PROJECT MARKETING.

By Nairobi Times -
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Milimani Law Court.

BY NT CORRESPONDENT.

13 residents of Nzoia, Bugoma County now say that the government decision to give details of its programs and projects across the country over the four year period during election time is null and void.

In a certificate of urgency filed at the high courts in Nairobi, the petitioners are challenging section 14 of the Election offences Act 2016.

“Pending hearing and determination of the petition herein, conservatory orders issued to stay the implementation or enforcement of the provisions of section 14(2) of the Election Offences Act, 2016,”reads the petition.

In the petition the 13 claim that section 14(2) of the act as enacted, illegalizes publication of any information by the government on its achievement which limit access to information as guaranteed by article 35 of the constitution during the election period.

They further argue that the section violates the right of access to information as enshrined in the constitution.

Through their lawyer, they argue that there can be no reasonable restrictions for publication of information by the government of its achievements during the election period and such publication is for public good as the government accounts for the use of public funds without which Kenyans would be unaware of how public funds are applied by the government.

“The publication of achievement by the government is in ultimate public interest and for benefit of all Kenyans, ’ they claim.

TANA RIVER ODM GUBERNATORIAL ASPIRANTS ACADEMIC CREDENTIALS CHALLENGED IN COURT.

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Dhadho Gaddae Godhana is the Orange Democratic Movement (ODM) party’s Tana River gubernatorial candidate.

BY SAM ALFAN.

Tana River Orange Democratic Movement (ODM) party’s Tana River gubernatorial candidate Dhadho Gaddae Godhana is in big trouble.

This is after his academic qualifications been challenged in the high court this morning by his opponent.

Adam Barisa Dhidha who lost in the ODM nominations claims that the retired major and former assistant minister has no degree from a recognized University and therefore should be barred from contesting for the governor’s seat in the August 8thelections.

“The law requires an aspirant for governor seat to have among other qualification be a holder of degree from a recognized university in kenya “Dhidha says.

In a certificate of urgency filed at the Milimani law court Dhida claims that Godhana academic papers are questionable. He further argues that Kimmange development studies -the institution where Godhana attained his Degree center has  neither attained university status nor does it have a letter of interim authority and therefore it cannot award degree certificate in any field of studies.

Dhida in his court documents states that Dhado’s certificate shows that he sat for only ten units for the entire cause which fact is unjustified since a degree holder is expected to have attained a pass over minimum 44 units.

He blames IEBC who are listed as interested party for failing to state the authenticity and veracity of the said degree.

“I am highly apprehensive of the questionable academic qualifications of the nominee bearing in mind that his degree certificate as tendered with the orange party is not recognized in Kenya as it was disqualified by the commission for university education and chances are it will also be disqualified by  IEBC,”arges the petitioner.

Dhado garnered a total of 12,376 votes against Adam Barisa Dhidha’s 3,071 in the ODm nomination.

The retired army major and former assistant minister will face off with Tana River Governor Hussein Dado and five other candidates in the August 8

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