Blog Page 365

CORRUPTION DIRECTIVES SHOULD NOT STAND, LAWYER CHALLENGES CJ.

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Lawyer Peter Wanyama for Council of Governors and Kiambu County leaving Milimani Law Court.

BY SAM ALFAN.

The new anti-corruption court directives were never subjected to public participation and should not be operationalized, Lawyer tells court.

Lawyer Peter Wanyama also says that the new laws should not be implemented.

The directives for the new court were launched by Chief Justice David Maraga and were meant to fast-track corruption cases.

The Ethics and Anti-corruption Commission, Assets and Recovery Agency have also been enjoined in the case.

Also enjoined in the case is the Director of Public Prosecution and activist Charles Omanga.

Wanyama argues that the Law society of Kenya, among other stakeholders, did not receive copies of Judge Maraga’s rules for review.

In the directions, all applications challenging prosecution in corruption cases and related appeals will be handled by the Anti-Corruption and Economic Crimes Division of the High Court in Nairobi.

Corruption cases will also be heard within 90days.

Proceedings resume February 3rd.

MOMBASA GOVERNOR GIVES POLICE 24 HOURS TO REINSTATE HIS SECURITY OR ELSE.

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Mombasa Governor Hassan Joho with his Kilifi Governor Amison Jeffah Kingi counterpart who has given the Inspector General of Police 24 hours to reinstate his security details.

BY SAM ALFAN.

Mombasa Governor Hassan Joho has accused the government of waylaying plans to occasion him harm and given the Inspector General of Police 24 hours to respond.

He has also written a demand letter to the IG Joseph Boinett to give him a valid reason why his security was withdrawn.

Through his lawyer Dennis Mosota, Joho says that the actions to withdraw his security details are actuated by malice, bad faith and intended to achieve ulterior motives with a singular objective of settling political scores and perhaps laying groundwork to occasion him harm.

He is demanding that his security detail be reinstated immediately or in the alternative guarantee him total safety and security from eminent danger or harm.

He has given Boinett 24 hours to respond to the letter or file a suit at the court.

According to a letter seen by Nairobi Times and copied to State House and Coast Regional Coordinator Nelson Marwa, Joho is demanding unequivocal written assurance that the IG will bear full responsibility incase anything happens to him.

“Please note that, you did not notify our client in sufficient time of your intention to withdraw his security detail and at the time of your action he was out of the country and did not have time to arrange for alternative security,” wrote lawyer Mosota.

Mr Joho the said action was intended to embarrass and make him a subject of public ridicule and thus eroding his inherent dignity as a popularly elected leader with a broad political mandate from the people of Mombasa and members of the Orange Democratic Movement Party.

State House through its Spokesperson, one Manoah Esipisu, in a media briefing confirmed that Joho security detail had been withdrawn and suggested that the state was aware of the withdrawal and termed it as a ‘’normal’’ restructuring and re-organisation exercise.

While appearing in a local media house IG Boinnet defended the actions deflecting the responsibility to the Regional Police Commander Nelson Marwa.

COURT WILL NOT STOP ONGOING VETTING OF IEBC CHAIR.

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Former Law Society of Kenya Chief Executive Officer Apollo Mboya at Milimani Law Court after he filled application seeking to stop vetting of IEBC commissioner's on Monday January 9,2016.

BY SAM ALFAN.

The court has rejected a request to stop the ongoing vetting of the new IEBC chairperson.

High Court Judge John Mativo declined to issue the temporary orders sought urging the parties named in the case to file grounds of objection in the next seven days.

Justice Mativo said that the orders sought will affect persons who are not parties to the case.

Proceedings resume next week 17 to confirm compliance and for directions on hearing.

Former LSK Secretary Apolo Mboya sought to stop the process saying that the selection panel exceeded its powers and mandate by re-advertising the positions of Chairperson.

“Unless IEBC is restrained the candidate nominated for appointment as chairperson and commissioners of the IEBC will be vetted and appointed in contravention of the constitution,” Mboya argues.

ODM MP TO AVAIL HERSELF TO INVESTIGATORS FOR ABUSING PRESIDENT.

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Mbita MP Millie Odhiambo who has been ordered to appear at parliament police station on Friday at 10am for interrogation.

BY SAM ALFAN.

Mbita MP Millie Odhiambo has been ordered to go to parliament police station on Friday at 10am for interrogation.

The high court also directed Inspector General of police not to arrest her until investigations over her remarks are complete.

Mabona as she is fondly known made the remarks, allegedly bordering on ethnic hatred during last week’s scathing debate on reforming the election law.

The jubilee wing wanted to include a manual backup incase the digital register failed. The law was passed and this brought about a standoff at parliament which spilled to social media demands for Millie Odhiambo to be prosecuted.

State counsel Moses Omirera told the court that investigations were underway and that once they are done they will forward the file to the DPP for recommendations.

The matter will be mentioned next week 17th before Justice Luka Kimaru.

In the case Millie Odhiambo moved to court seeking anticipatory bail over her imminent arrest following her utterances in the precincts of Parliament last month.

DOCTORS TO BE ARRESTED FOR EVADING COURT.

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Kenya Medical Practitioner Pharmacists and Dentist Union secretary General Dr Ouma Oluga and union National Chairman Dr. Oroko Samuel leaving Employment and Labour Relations Court on Tuesday December 13, 2016(PHOTO BY NT).

BY SAM ALFAN.

Officials of the Doctor’s union should be arrested after they evaded court summons for their sentencing.

Justice Hellen Wasilwa also directed the OCS Kilimani Police station to enforce the said warrants of arrest.

“I can’t do anything else but to issue a warrant of arrest,” Judge Wasilwa said adding that if the doctors union officials do not appear in court then the police should drag them to court.

The matter will be mentioned on Thursday.

In December last year, Justice Wasilwa found Kenya Medical Practitioners, Pharmacists and Dentists Union officials guilty of contempt.

She said that it was essential that court orders are obeyed and that the court will not shy away from punishing offenders.

She said the doctors had refused to call off the strike as directed by the court and their officials only appeared in court after being summoned, which she said were considerable grounds for contempt.

LAWYER PLEADS WITH COURT TO STOP COLLEAGUE APPOINTMENT TO IEBC.

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Former Law Society of Kenya Chief Executive Officer Apollo Mboya at Milimani Law Court after he filled application seeking to stop vetting of IEBC commissioner's on Monday January 9,2016.
BY SAM ALFAN.
A City lawyer has moved to court seeking to block vetting process of newly appointed Independent Electrol and Boundaries Commission commissioners.
Apollo Mboya argues unless the National Assembly is restrained, the candidates nominated will be vetted and appointed in contravention of the amended election laws of 2016.
Mr Mboya in his sworn affidavit has faulted the selection panel for failing to provide the criteria and or justification it used to shortlist the candidates
Mr Mboya seeks to stop the vetting and appointment of IEBC chairperson and commissioners pending hearing and determination.
In a certificate of urgency Mboya argues that the selection panel exceeded its powers and mandate under the First Schedule to the IEBC act, 2011as amended by the Elections Laws Act 2016 by re-advertising the positions of Chairperson.
He argues that the selection panel did not publish the marks scored by each candidates to support its assertions that it selected the most suitable and qualified candidates for the advertised positions.
He further argues that the names forwarded to the president by the selection panel for vetting by the national Assembly were not the most suitable and qualified candidates for the positions advertised as was indicated in the press release by the selection panel dated 22 of last month.
“Unless IEBC is restrained the candidate nominated for appointment as chairperson and commissioners of the IEBC will be vetted and appointed in contravention of the constitution, ‘’Mboya argues.
The selection panel, IEBC, National Assembly and the Ag have been named as respondents in the case.
Judge John Mutinga Mativo has certified the suit as urgent saying issues raised are arguable and should be heard on a priority basis.
The matter to be mentioned tomorrow for further directions.

MAN WHO “WORKED” IN DP RUTO OFFICE, LINKED THEM TO BUSINESSMAN JACOB JUMA DEATH FIT TO FACE TRIAL.

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Douglas Nyakundi escorted to police vehicle after he was detained for four days to allow police complete investigations on at Milimani Law Courts on Thursday December 1,2o16.

BY NT CORRESPONDENT.

A man who sensationally linked Deputy President William Ruto’s office to the murder of businessman Jacob Juma is fit to stand trial.

Douglas Nyakundi, who also claimed to have worked at DP Ruto’s office said he had vital information but wanted money so that he could speak up.

He wrote a letter to activist Boniface Mwangi and demanded money for exchange of that information.

It is then that he was arrested and on Tuesday charged with attempting to extort an unspecified amount of money from Mwangi.

According to the charge on diverse dates between November 16 and 24 at Fatima court in Kilimani area, he tried to obtain the money from the activist by pretending that he had sensitive information concerning the murder.

He denied the charge and was freed on a Sh50, 000 cash bail.

JOURNALIST STEALS COLLEAGUE CAR ONLY TO BE ARRESTED DRIVING IT IN KISUMU STREETS.

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KTN's news editor Aaron Ochieng who pleaded not guilty to charges of handling stolen property at Milimani Magistrate Court on Tuesday January 3,2017.
BY SAM ALFAN.
The news fraternity is shocked after a News Editor was found with an anchor’s car reportedly stolen from their employer’s parking lot.
KTN’s news editor Aaron Ochieng’ was on Tuesday charged at the Milimani law court for being in possession of a Mercedes Benz belonging to Joy Doreen Biira, a colleague.
He was charged with handling stolen property.
The vehicle is estimated to cost Sh2.8 million.
The car was found in Kisumu with its plates changed from KBY 831K to KCH 117L.
Ochieng was arrested with the class E 220 Benz in Kisumu on December 31, 2016 and was detained at Industrial Area police station.
Doreen parked her car at the Standard Group headquarters on Mombasa road but she could not trace it forthwith.
Ochieng has been released on a Sh1 million bond or cash bail of Sh300,000.
The case resumes January 17 and a subsequent hearing on February 3.

ELDERLY MAN PLEADS WITH STATE TO PROTECT HIS PROPERTY FROM “HAWK-EYED” POLITICIAN.

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Kanwaljit Singh Chada the owner of disputed land located in upmarket Raphta road in Westlands speaking to journalist's at his home in ngara when the interviewed on Monday December 26,2016.
BY SAM ALFAN.
Presidential hopeful in the 2013 General Election Prof James Ole Kiyapi’s running mate is trying to grab my land, elderly Asian pleads with government to help him.
Winnie Kaburu is using threats and intimidation to grab the land located in upmarket Raphta road in Westlands Nairobi, the 78 old man says.
Kanwaljit Singh Chada says he has never sold the property to Kaburu who should be his tenant for two years according to a tenancy agreement.
Chada says that Kaburu is using police to threaten him with arrest and detention.
The sickly man also says that Kaburu has refused and or neglected to pay rent for the house over the last 15 months.
The property was also vandalised on Friday by over 50 goons armed with guns and other crude weapons.
Kaburu claimed Chada sent the gang which the old man refutes saying he cannot destroy his own property.
Kaburu, he says planned everything to attract sympathy from the courts which even gave her an order against being thrown out.

JUDGE ODUNGA WITHDRAWS FROM CASE.

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Justice George Odunga who quashed decision by IEBC to award 2.5billion tender to supply election materials to Dubai based firm.
BY SAM ALFAN.
Justice George Odunga has withdrawn from a case where news rules to run the anti-corruption division of court have been challenged.
According to him, he was among the members who drafted the new rules which came into effect once the court was launched.
He directed that Justice Roselyne Aburili to hear the matter on January 11, 2017.
Chief Justice David Maraga drafted the ‘Practice Directions for the Anti-Corruption and Economic Crimes Division of the High Court’ when he launched the new Anti-Corruption and Economic crime division on December 15.
The rules seek to centralise the handling of corruption cases.
Lawyer Peter Wanyama has contested the rules, saying they were not circulated to the Law Society of Kenya and other legal professionals for their input before they were made and launched