Blog Page 362

MP WAITITU TRIUMPHS AGAIN OVER INCITEMENT CHARGES.

By Nairobi Times -
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Kabete Member of Parliament Ferdinand Waititu outside Milimani law Court's on Wednesday March 1 ,2017 (PHOTO BY SAM).

BY SAM ALFAN. 

A trial court has acquitted Kabete Member of Parliament Ferdinand Waititu over incitement to violence charges which he uttered in the year 2012 in Kayole.

Senior Resident  Magistrate Joyce Gandani ruled that the prosecution failed to prove its case against the legislature in both counts.

“Waititu’s statements as uttered in Kayole in 2012 are concerned sentiments of a leader who was worried about outsiders doing jobs that can be done by the locals when the locals are equally jobless” ruled magistrate.

The then Embakasi MP was accused of inciting Kayole residents during protests over the killing of a street boy. Waititu demanded that all members of the Maasai community leave the area over the killing of the boy.

Residents claim the boy was murdered by two Maasai watchmen who accused him of stealing a chicken.

After his remarks, residents staged demonstrations attacking watchmen and Masaai tradesmen looting and damaging property. Two watchmen were killed in the rampage.

In this the court ruled that there was no direct evidence linking him to the murder of the two guards Waititu was charged after he made comments against ethnic Maasais on Monday, parts of which were posted on YouTube.

It is this charges that led to his suspension in the government.

The prosecution had alleged that Waititu While addressing members of the public he uttered words that were calculated to stir ethnic hatred.

The Kabete MP walks free again after he was recently aquitted of similar charges who’s he was charged alongside his Gatundu South counterpart Moses Kuria.

The Office of the DPP has cried foul over frustration by the NCIC to help them prove cases of hate speech and incitement to violence.

Senior Public prosecutor Dancun Ondimo told chief magistrate Francis Andayi that an NCIC officer has in the recent past made it impossible for him to prosecute cases against certain legislatures.

Ondimu was addressing the court in an incitement case pitting Machakos Senator Johnson Muthama where  two witnesses including the said NCIC officer had to be stood down for not providing the required materials to the defence.

Until the time of this publication, the hearing of the incitement to violence case against Machakos Senator Johnstone Muthama and activists Japhet Moroko was going on. 

LAW STUDENTS SEEK TO STOP ONGOING DOCTOR’S MEDIATION TALKS.

By Nairobi Times -
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Law students Society of Kenya (LSSK) president Kelvin Mwiti speaking to court reporters after they filed a case seeking to block the ongoing doctor's mediation talk outside Milimani law courts on Tuesday February 28,2017.
BY CORRESPONDENT.
Law students have moved to court seeking to stop the ongoing doctor’s mediation talks.
Law students Society of Kenya (LSSK)
 argue that, the implementation of the CBA 2013 will unfairly treat one professional discipline above other disciplines which they argue goes against the spirit and letter of the Kenyan constitution which provides for equality of all persons under the law.
“A declaration that the ongoing negotiations between KMPDU and the government to implement the 2013 CBA are unlawful and unconstitutional, “reads the petition.
The students further want the court orders compelling the respondents in the case not to continue with the ongoing negotiations.
In a court documents, the petitioners claim that the respondents who are involved in the mediation are in violation of articles 10, 19,21,27,41,232 and 259 of the constitution.
“Implementation of the CBA will occasion an even greater prejudice on the petitioners “they argue.
Public Service Commission, Ag , Salaries and Remuneration Commission, National Treasury, Kenya Medical Practitioners , Pharmacists and Dentist Union have been names ad respondents in the case.
Proceedings to resume tomorrow.

TRIBUNAL BARS ABABU NAMWAMBA TO ACT ON BEHALF OF LABOUR PARTY.

By Nairobi Times -
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Labour Party of Kenya Ababu Namwamba during the relaunch of Labour Party of Kenya at a Nairobi hotel.
BY POLITICAL DESK.

The Labour Party of Kenya (LPK) has plunged into a leadership crisis after party leader Ababu Namwamba was shown the door while a rival camp vowed to block any meetings of its top decision-making organ.

The Political Parties Tribunal spelt doom for Namwamba after slapping him with a temporary order stopping him from pretending to be a member or official of the party pending the hearing of a petition lodged by John Baraza Makokha on March 9.

In an interesting twist, the National Chairperson of the party, Dr Julia Ojiambo, rallied in support of  Namwamba and accused political rivals of seeking to wreck the party.

“For the avoidance of doubt, Labour Party has full confidence in Namwamba. Any attempt to misuse the good name of our party and to besmirch the character of our leadership should be dealt with the contempt it deserves,” Dr Ojiambo said.

In her protest letter to the Tribunal’s Registrar, Dr Ojiambo, said the party was governed by the rule of law and could not condone “fraudulent actions” by anyone bent on destabilizing it through unnecessary legal actions. “No case, suit or complaint of any kind can be filed in the name of Labour Party without a resolution of its National Executive Committee (NEC).

The party’s NEC has not made any such resolution or even discussed or contemplated such cause of action,” she said.

As the tribunal issued the sanctions against Namwamba, its Chairman Kyalo Mbobu and member Milly Odoyo directed Baraza-who described himself as “a believer in the rule of law”-to file a supplementary affidavit explaining his relationship with LPK.

He had claimed that Namwamba was misleading the public and infringed on the political rights of the party.

Baraza had expressed his apprehension that Namwamba was likely to enter into political alignments and agreements with other political outfits under the pretence and misrepresentation that he was a member and official of the party. He said it was in the public domain that Namwamba was a member of the Orange democratic Movement (ODM).

He recalled that the tribunal made a ruling last Friday that quashed the expulsion of Namwamba and Masoud Mwahima but upheld the disciplinary action against seven other ODM members. They are Kwale Governor Salim Mvurya, his deputy Joash Mangi, Nominated MP Isaack Mwaura and MPs Stephen Kariuki, John Walukhe, Samuel Arama and Zainab Chidzuga.

The tribunal held that the seven politicians were afforded an opportunity to present their defence and were represented by lawyers during the party’s disciplinary committee meeting. However, Namwamba and Mwahima triumphed after the tribunal said they were not served with notices of the disciplinary committee’s hearing that culminated in their expulsion on October 31, last year.

The tribunal had suspended the action and directed the Registrar of Political Parties not to amend the list of ODM membership pending the outcome of the petition.

The nine leaders had protested that they had been kicked out for attending the launch of the Jubilee Party upon personal invitations. They had been accused of flouting the ODM Constitution that forbids members from any affiliation with rival parties.

Meanwhile, veteran journalist David Makali, has sued LPK, Dr Ojiambo and Peter Ole Musei, seeking to block the party’s proposed Special NEC. The notice for the meeting had been issued by Musei in his capacity as the party’s Acting Secretary General.

Makali, who claims to be the party’s Secretary General, said invitations had been sent out to strangers in a discriminatory manner and excluded legitimate NEC officials. He said Musei was not authorized or competent to communicate on behalf of the party or to convene any meeting of its leadership.

Sources informed us the party has disown the petition filed against Namwamba.

The petition will be heard on March 9.

TWO BARACUDA AIRWAYS DIRECTORS DETAINED FOR 24HOURS.

By Nairobi Times -
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Baracuda Airways Holdings Limited directors, John Odhiambo Majiwa and Elizabeth Wanjiku Kinyanjui and two officials namely Stellah Amaya and Barbra Modani Alwena before a Nairobi Court on Monday February 27 ,2017.

BY REPORTER.

Two directors of an aviation company and two officials arrested last week  has been arraigned in court over the allegations of receiving Sh9.7 million from job seekers.

Baracuda Airways Holdings Limited directors, John Odhiambo Majiwa and Elizabeth Wanjiku Kinyanjui and two officials namely Stellah Amaya and Barbra Modani Alwena appeared before Nairobi duty magistrate Ms Tobiko N Sinkiyian who detained them for 24hours to allow police complete investigations.

State prosecutor told Ms Sinkiyian that police on late Friday afternoon obtained an order to freeze the accounts of the company held at Standard Chartered Bank Limited, Chiromo Branch in Nairobi.

The state prosecutor pleaded with the magistrate to lock up the suspects at Pangani and Muthaiga police stations respectively for five days.

The learned magistrate  declined to grant five days sort by police in their affidavit saying there was no compelling reasons to detain the accused persons as requested.

The learned magistrate ordered Mr Majiwa to be detained at pangani police station and other accused persons at Muthaiga police station pending investigation.

COURT QUASH CONTEMPT OF COURT AGAINST TV HOST JEFF KOINANGE.

By Nairobi Times -
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T.V seasonal journalist Jeff Koinange,(right) hugs political analyst Tony Gachoka when the two met at Milimani commercial courts for a hearing of a contempt case against them on Friday 5 June 2015.

BY SAM ALFAN.

The High Court has quashed contempt proceedings against T.V seasonal journalist Jeff Koinange and controversial political activist Tony Gachoka in the defamation suit lodged against them by businessman Jimmy Wanjigi, his brother Sani Wanjigi and Kwacha Group of Companies.

The duo, who have been out on Sh100,000 cash bail, had been found guilty and fined Sh2million or six months imprisonment on June 5, 2015, for failure to appear before a magistrate’s court for the hearing of the defamation suit.

They were alleged to have disobeyed court orders barring them from defaming the Wanjigis.

Milimani Senior resident Magistrate Maisy Chesang had issued a warrant for their arrest but they petitioned the High Court to have it suspended on the basis they had never been served with court summons.

High Court Judge Roselyne Aburili ruled on Monday that the procedure adopted by the magistrate in handling the contempt proceedings was improper and irregular and she had no power to do so. Further, the two contemnors were not given an opportunity to offer their mitigation before the punishment was pronounced, she said.

Justice Aburili said Koinange and Gachoka had a right to challenge the magistrate’s decision but any aggrieved person ought to exhaust all available legal remedies, including judicial review. She ruled that the magistrate had compromised their right to fair trial.

Wanjigi sued Koinange and Gachoka for allegedly linking the family’s flagship company to the controversial Anglo-Leasing security projects. They are alleged to have uttered the offending statements in two different talk-shows hosted by Koinange in the Kenya Television Network on May 15, 2014 and on March 12 and 13, 2015.

The two men had protested that they had been punished unfairly since they had not been furnished with the specific words the complainants had alleged constituted defamation.

They denied having deliberately painted the Wanjigis and the firm in bad light.

CORD WANTS TO JOIN SPY CASE AGAINST CA.

By Nairobi Times -
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CORD lawyer James Orengo with Head of secretariat Noman Magaya at Milimani law court's.
BY SAM ALFAN.
Coalation of Reforms and Democracy (CORD)  is seeking to be enjoined in a case filed by activist Okiya Omtatah challenging the decision by Communication Authority to spy on Kenyans.
In an affidavit by CORD Head of secretariat Noman Magaya, the political party argues that the intended actions by the respondents interfere, violates and infringes on the right to privacy contrary to the constitutional provisions Article 31 on Privacy.
“The timing of the interference will impact the elections and the candidate vying for different elective posts in the coming elections, ’Magaya argues.
The party further argues that the actions of the respondents if implemented owing to the timing has great implication on the campaigns leading to the August, 2017 election.
CORD further claims that the tapping of private conversation and data is intended to gaga key political players in the ran up to the elections which will have a negative impact on the exercise of the right to vote and voted for and to choose freely in terms of Article 38 of the constitution.
 “The intended Interested Party Coalition for reforms and Democracy is a highly reputable Political Party whose intention in this matter is nothing but ensuring that free and fair elections are carried out and with the democratically elected representatives in office,” reads the application.
In the case the court stopped the government’s plan to tap into private phone conversations.
High Court Judge John Mativo granted the orders following an application filed by activist Okiya Omtatah.
Omtatah claims that the directive issued by the Communications Authority of Kenya (CA) will infringe on privacy and is a violation of the Constitution.
He further argues that CA’s arbitrary decision to spy on Kenyans through Broadband Communications Networks violates both the law and Constitution”.
Proceedings to resume on March 6 on March for further orders.

STATE TO RESPOND TO CASE ON KENYANS JAILED IN SOUTH SUDAN.

By Nairobi Times -
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The Attorney General Professor Githu Muigai making submissions (FILE PHOTO).
BY NT CORRESPONDENT.
The government has been given 14 days to respond on a case in which four Kenyans have been jailed for life in South Sudan.
Justice Chacha  Mwita issued the directions after the applicants told the court that the government haven’t respond to their application.
Kenya Human Rights Commission sued the state protesting the sentencing of four Kenyans in South Sudan.
In the court documents filed last year, KHRC argues that the arrest and detention of the four in a military installation was oppressive and a violation of their rights contrary to the Constitution of Kenya, that of South Sudan and International laws.
“KHRC seeks to demonstrate to the court that the Kenyan Government failed to take measures to protect her national interest, “argues KHCR.
The rights group has also accused the government of hiding crucial information from families of the four Kenyans sentenced to life in prison five, for theft of billions of shillings from the South Sudanese government.
Foreign Affairs cabinet secretary Amina Mohammed, her Principal Secretary and the Attorney General Githu Muigai have been named as respondents in the case.
The four Anthony Mwadime, Ravi Ramesh, Boniface Muriuki and Anthony Keya Munialo were jailed in June. They were arrested on May 29, 2015 by the National Security Service of the government of South Sudan together with Peter Muriuki Nkonge who has since been released.
The four are formerly employees of a company known as Click Technologies limited owned by John Ogou, a politician and brother-in-law of South Sudan President Salva Kiir.
KHRC wants the state compelled to release that information and a declaration be made that the sentence granted to them is unlawful as per the Kenyan Constitution, South Sudan laws as well as international law.
The matter will be mentioned on the 21st of March for further directions.

SONKO SPONSORS FREE MEDICAL CAMP FOR CITY RESIDENTS.

By Nairobi Times -
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A patient being attended by a doctor at a free medical camp at Nyayo stadium in Nairobi.
BY NT CORRESPONDENT.

Nairobi senator Mike Sonko who is vying for Nairobi Governor in the coming general election has sponsored a free medical camp for those in need of medical attention.

Sonko said on Friday almost 500 patients benefited from the exercise which other than providing medication also involved the distribution of foodstuff and a three months’ supply of sanitary towels to the women.
“We provide free medical and general treatment to all patients, free pharmacy services, free laboratory tests, free ultrasound scan, free eye screening and free eye glasses, free cervical and prostate cancer screening, free family planning, free HIV counselling & testing and free NHIF registration” said Sonko.
City resident going through free eye screening at a Nyayo stadium in Nairobi.
City resident going through free eye screening at a Nyayo stadium in Nairobi.
The Nairobi Senator said there will be more series of free medical camps will further be conducted around the city until the government and the doctors agree on a return-to-work formula.
The exercise has been well received by members of the public who turned up in large numbers at the Nyayo Stadium gymnasium.
The camp is being overseen by doctors and nurses who have volunteered. Doctors are still yet to agree with the government on the CBA2013.
Some of the volunteering doctors on the ongoing free medical camp sponsored by Nairobi Senator Mbuvi Sonko at Nyayo stadium on Sunday.
Some of the volunteering doctors on the ongoing free medical camp sponsored by Nairobi Senator Mbuvi Sonko at Nyayo stadium on Sunday.
Sonko urged all the local leaders including his opponents to put their political differences aside and spread this news about the ongoing free medical camp to all the residents within all estates and slums in Nairobi county.
He also pleaded with the doctors, government and all other stakeholders involved  to be ready to compromise on their hardline position do doctors can return to work.

COMMERCIAL SEX WORKER CONFESS STEALING CLIENT PHONE FOR FAILING TO PAY FOR JUICY MORNING SERVICES.

By Nairobi Times -
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A self-confessed commercial sex worker Lilian Nyokoa Ngota who is accused of stealing a client phone worth sh 10,000 at Milimani law court's on Friday February 24 ,2017.

BY SAM ALFAN.

A 37 year old woman on Friday confessed before a Nairobi court to confiscating a mobile phone, valued at KSh10, 000, belonging to a man who refused to pay her for the juicy sexual services that she had offered him.

Lilian Nyakoa Ngota is accused of committing the offence on December 21, 2016 at Rekemarie Bar and Restaurant along Tsavo Road, she is said to have stolen Huawei y330 from Joseph Gitonga

Nairobi Magistrate Court was treated to rare drama when Lilian Nyokoa Ngota, confidently confessed to being a commercial sex worker operating in Nairobi.

However in her mitigation, Ngota told Chief Magistrate Francis Andayi that the complainant failed to pay for the services she rendered to him and thus decided keep the phone until he gets her the money.

“Your honor, we had agreed with the complainant on certain amount of money, however after the services I gave him, he refused to pay me. I ask the court to forgive me as that is my job which feeds my children,” she told the court.

She, thus, decided to run away with her client’s cell phone, a Huawei Y330, arguing she “paid herself” after her client became elusive.

“I had to get him pay for service rendered. He attempted to be smart but he had it wrong. He had to pay. I took away his phone after he said he had no money to pay for my service,” she told the court.

The court heard that the complainant, Joseph Gitonga, went to Betty’s club and drunk some beers. He later found himself in a hotel room the next day and on asking the guards of the hotel, they could not tell how he got there.

He realized he had lost sh 42,000 brown jacket and a mobile phone and decided to report the matter to Central Police station.
His phone was traced on February 22 at Zimmerman area with the accused person who was arrested and charged in court.

“In this case, I like the fact that all parties are confident, the man-complainant in this matter had courage to report to police and have the phone tracked months later after the incident, if it was in the village, the man could have even gotten an excuse to explain to his wife that perhaps the phone got lost,” Magistrate Andayi cracked a joke, leaving the entire court, including the accused, in laughter.

KAHABA AKIRI KUMWIBIA MTEJA WAKE KUJILIPA HUDUMA ZA URODA.

By Nairobi Times -
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MWANDISHI SAM ALFAN.

Lilian Nyokoa Ngota alihukumiwa kifungo cha masaa matano baada ya kukubali shtaka la kuiba simu yenye thamani ya shilling elfu kumi pesa taslimu.
Hakimu mkuu katika mahakama ya Nairobi Francis Andayi hakuficha mshangao aliopata kwa kumsikia Lilian Nyokoa aliyedai kuwa  kahaba akikiri kimaso maso kwamba alimwibia mteja wake simu aina ya Huawei kujilipa huduna alizotoa.
Mshtakiwa huyo Lilian Nyokoa Ngota hakuficha kazi anayofanya jijini Nairobi. Alisema kwamba  alikuwa  katika harakati za kutafuta chakula chake na watoto wake wakati alipokutana na Joseph Gitonga Mwenda saa kumi na moja alfajiri akiwa mlevi.
walizugumza na wakapatana kwamba angempa huduma za kimapenzi kwa bei walliyokubaliana. Hata hivyo  hakusema kiwango cha pesa, Na alipomaliza haja yake mlalamishi alidai kwamba hana pesa ndipo alipoichukua simu yake
Aliendelea kusema kuwa  hangelienda nyumbani mikono tupu na watoto wanahitaji chakula.
Nyokoa mwenye umri wa miaka 37 alikiri  mbele Andayi kwamba alimwibia Mwenda simu aina ya Huawei katika kilabu maarufu kwa jina Rekemarie ( maana yake wacha waseme)  kilichoko eneo la River Road katika jiji kuu la Kenya.
Ijapokuwa hakimu alishangaa alisema mshtakiwa alivunja sheria.
Alihukumiwa kifungo cha masaa matano kufanyakazi hapa kortini hadi saa tano.
Alikataa alimwibia mwanaume huyo shilling elfu 42,000 kama alivyosema kiongozi wa mashtaka.
Akitoa maelezo mahakama ilielezewa kwamba mlalamishi aliingia katika kilabu kimoja kijulikanacho kwa jina Bettyz na kubugia bia kadhaa.
Korti iliambiwa mlalamishi alijipata katika chumba cha kulala katika hoteli ya Rekemarie bila simu na Shillingi 42,000.
Alipiga ripoti kwa polisi na simu yake ikapatikana na mshtakiwa katika mtaa wa Zimmerman.
Mshtakiwa alipewa siku 14 kukata rufaa. Alitumika kifungo kwa kufagia na kuosha seli katika mahakama kuuu Milimani Jijini Nairobi.
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