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CJ WARNS POLITICIANS OVER INCITEMENT.

By Nairobi Times -
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Deputy Chief Justice Philomena Mwilu being sworn as a member of the Judicial Service Commission (JSC) at Supreme Court building on Tuesday May 16,2017/ PHOTO BY SAM.

BY SAM ALFAN.

Chief Justice David Maraga has put politicians on notice against making reckless and inflammatory statements during and afterthe campaign period preceding the August 8 General Election.

Justice Maraga reiterated that the judiciary was independent and impartial and will not entertain manipulation, control or influence from any quarters.

The Head of the Judiciary said allofficers and staff had been adequately trained to handle election disputes and did not expect malicious propaganda from parties who have been aggrieved by decisions made by the Political Parties Dispute Tribunal, the High Court and the Court of Appeal.

He said magistrates and Judges only relied on facts and the law while hearing and determining cases. It was futile for disgruntled elements to claim judicial officers were being directed on how to handle their constitutional mandate, he pointed out.

“I will not respond to reckless statements from politicians during the campaign period. I want Kenyans to have confidence in the Judiciary as an independent and impartial institution,” Justice Maraga said when he presided over the swearing-in of Deputy Chief Justice Philomena Mwilu as a member of the Judicial Service Commission (JSC).

Justice Mwilu, who doubles as the Vice-President of the Supreme Court, was appointed as a member of the JSC by President Uhuru Kenyatta on May 12 upon unanimous election by the seven-member bench to represent it to the top decision-making organ of the Judiciary. She replaces Justice Smoking Wanjala who completed his tenure recently.

Chief Justice David Maraga, Chief Registry Ann Amandi (center and ) Deputy Chief Justice Philomena Mwilu after she was sworn as a member of the Judicial Service Commission (JSC) at supreme court building on Tuesday May 16,2017 /PHOTO BY SAM.
Chief Justice David Maraga, Chief Registry Ann Amandi (center and ) Deputy Chief Justice Philomena Mwilu after she was sworn as a member of the Judicial Service Commission (JSC) at supreme court building on Tuesday May 16,2017 /PHOTO BY SAM.

Justice Maraga, who chairs the JSC, expressed confidence in Justice Mwilu and hoped she will make her contribution in steering the Judiciary to greater heights. She promised to work closely with her Supreme Court colleagues and the 10-member JSC.

The Chief Justice said the seven-member Political Parties Disputes Tribunal had concluded the majority of 250 petitions that were filed by candidates who complained of malpractices during the nominations. 32 appeals are pending adjudication by the High Court.

He said he had sanctioned the tribunal, chaired by veteran lawyer Kyalo Mbobua, to work overtime and during weekends to clear the huge number of petitions filed from across the country at the Milimani law courts in Nairobi. The Judiciary was well prepared to handle disputes that will arise following the impending polls, he added.

WAIGURU ACCUSES RAILA OF VIOLATING MINORS: NYS SCANDAL.

By Nairobi Times -
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NASA flag bearer Raila Odinga/FILE PHOTO.
BY NT CORRESPONDENT.
NASA leader Raila Odinga has been accused of violating minors’ privacy by former devolution Cabinet Secretary Ann Waiguru.
This is in response to accusations that Ms Waiguru was the architect of the Sh791 million loss at National Youth Service, NYS.
Raila on the other hand says that Waiguru has refused to answer his interrogatory questions and must be hiding something.
He says that on April 25 this year, Ms Waiguru served him with insufficient answers.
According to the opposition leader, Waiguru has neglected and or refused to make the necessary discovery facts as per the court order and failure to make such discovery would deny him a fair trial and therefore the plaint should be struck out.
“It is the utmost importance to discover the financial status of the plaintiff when she served as a public servant working for the Government of Kenya from the year 2006 to November 2015 in this suit as it is a foundation to the action here,” Raila says.
Conversely, Ms Waiguru claimed that the information sought by Raila does not relate to the matter in question.
“Information sought is malicious and threatens to unnecessarily violate the privacy of minors who are not party in this suit, “says
The information Raila seeks is irrelevant to this suit, she says.
Raila wants to know the basic salary Waiguru earned form the year 2006 to November 2015 and to specify the types and amount of allowances earned per month.
In addition, he wants to know if Ms Waiguru acquired real estates and if yes, she should give the location, estimates of the estates and when the property was acquired.
Raila also wants to know whether Waiguru traded in Nairobi stock exchange and the value of the shares she traded.
Further the NASA leader wants Waiguru to name her defendants and how much she spent on daily upkeep and to specify the name of any other provider.

JUBILEE ORDERED TO ISSUE WANJIKU MUHIA WITH NOMINATION CERTIFICATE FOR NYANDARUA WOMEN REP.

By Nairobi Times -
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Jubilee Party candidate for women representative for Nyandarua County addressing journalist at Milimani Law Courts on Saturday May 13,2017/ PHOTO BY S.A.N.

BY SAM ALFAN.

The political parties Dispute Tribunal has 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.

On her part the respondent-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.

He challenged the party decision through lawyer Danstan Omar.

NAIROBI COUNTY GOVERNMENT WANTS CBK AND KRA BOSSES JAILED.

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BY SAM ALFAN.

Nairobi County Government has filed a contempt of court proceedings against Central Bank of Kenya (CBK) boss Patrick Njoroge, Kenya Revenue Authority (KRA) boss John Njiriaini and others for allegedly failing to remit over 1 billion shillings recovered from Nairobi County Recurrent account.

Through lawyer Professor Tom Ojiambo the county argues that the funds were illegally transferred to the respondents account.

“There is a lot of tension in Nairobi City Hall as the employees have not received their monthly salaries to date, “argues Ojienda.

Ojienda further wants the Court to impose a fine or a penalty of 10 million shillings each against Patrick Njoroge, John Njiraini, James Githi Mburu , J.W Nasikeu and L.k Kipsanai and in default of such payment ,court  to direct the attachments of all movable and immovable assets  and sold in execution of the order to satisfy the penalty for contempt.

Ojienda in his petition argues that it is unreasonable and against public interest for the respondents to have monies meant for the salaries of the citizens.

He further argues that unless the application is allowed as prayed then employees of the applicants are going to be subjected to untold turmoil as they will not receive their monthly salaries with the extremely high cost of living.

In the petition filed at the Milimani Law court, Nairobi County claims that its operations would be cripple and essentials services offered assigned to County Government would be compromised to the detriment of the general public.

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.

By Nairobi Times -
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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.

By Nairobi Times -
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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.

By Nairobi Times -
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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.

By Nairobi Times -
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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.

 

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