Kenya Medical Pharmacists and Dentist Union, (KMPDU) officials from (l-R) ,Secretary General Dr. Ouma Oluga, Dr. Daisy Korir, Dr. Samuel Oroko Ogegi, Dr. Chibanzi Mwachonda, Dr. Evelyne Chege, Dr Allan Ochanji and Dr Titus Ondoro before justice Hellen Wasiliwa at Milimani labour and employment relation court on Thursday January 12 ,2017 (PHOTO NT).
BY THOMAS KARIUKI.
Doctors on strike now claim that subjecting their leaders to jail which will take effect tomorrow will disadvantage ongoing negotiations.
They therefore want the court to renege on its earlier directions and give them subtle allowance of two more weeks to complete talks.
The medics have asked the court to suspend the order sentencing them for a further period of two weeks.
In an application filed at the court today, the union says that sentencing them to one month will disadvantage the negotiations towards full compliance with the directions given by the court.
They further claim that they require more time to fully comply with the court and further engage with the government, council of governors toward resolving the issues.
The medics claim that the government together with the Council of Governors has used the court to their advantage to arm twist and frustrate the negotiations between the parties.
However, the government through Health Cabinet Secretary Cleopas Mailu threw in the towel after the latter accused the union of breaking the agreed rules of engagement.
The union says that an amicable solution will have been reached by the end of the two weeks.
KMPDU officials facing jail are Oluga, union chair Samuel Oroko, and deputy secretary general Chibanzi Mwachonda.
Others are vice chair Titus Ondoro, treasurer Daisy Korir, assistant treasurer Evelyn Chege and Allan Ochanji.
The medics went on strike on December 5 seeking to have the government implement a contentious CBA.
They want a 300% pay rise; review working conditions, job structures and criteria for promotions; and address Under-staffing of medical professionals in state hospitals.
Lawyer Donald Kipkorir and former Central Bank Governor Njuguna Ndung’u.
BY SAM ALFAN.
City Lawyer Donald Kipkorir is claiming over sh 40 million from former Central Bank Governor Njuguna Ndung’u.
The money arises from a suit in which lawyer Kipkorir represented the Governor at the Milimani Law courts in 2014. Ndung’u was challenging his prosecution over a Sh1.2 billion tender for the installation of security software at the Central Bank.
Kipkorir claims he filed the current advocate/client bill of costs dated 13 September last year.
According to the court documents, Kipkorir charged the former CBK shs 30 million for receiving instruction to act for him in respect of the said case.
He also charged him shs 2000 for drawing the petition and sh 1150 for receiving and perusing documents via emails. Amount owned to Kipkorir totals to sh 49,940,922.
Ndung’u through Lawyer Kipkorir filed the case at the High court and obtained temporary orders stopping his arrest and prosecution over the controversial Shs 1.2 million security tender.
The court later delivered its verdict and directed that Ndung’u be prosecuted over the said tender.
Ndung’u however moved to the court of appeal and obtained orders stopping his arrest and prosecution. This time, he changed his legal representation and opted for Lawyer Cecil Miller.
Ndung’u’s charges arise from the award of a Sh1.2 billion tender for the installation of security software at the Central Bank.
According to documents in possession with the Ethics and Anti-Corruption Commission Ndung’u attempted to confer a benefit on one of the bidders- Horsebridge systems East Africa limited by directing that the contract be given to the said bidder notwithstanding the termination.
The investigations by the commission established Ndung’u who is the governor and the accounting officer willfully failed to comply with the law relating to procurement procedures in relation to the delivery installations, testing and commissioning of the system for CBK.
Lawyer Phillip Nyachoti for ESTAMA Limited which is seeking to set aside orders freezing their bank accounts for a period of six month.
BY SAM ALFAN.
ESTAMA Limited, one of the companies at the center of Afya house 1 billion mobile clinics scam has moved to court seeking to set aside orders freezing their bank accounts for a period of six month.
The company through its manager say that they are aggrieved with the order on the ground that the monies in the account were not acquired as a result of any corrupt dealings as alleged by EACC.
“The same monies arising out of valid and lawful contractual payments rightfully made out by the Ministry of Health for the supply of portable medical clinics containers in accordance with a contract Agreement with the Ministry of Health dated 17th of July 2015,”reads the petition.
Njage Makanga, director of Estama Limited says that the said contract was awarded to them following a competitive procurement process which has never been challenged before the Public Procurement Administration Review Board or declared irregular.
Lawyer representing the company Phillip Nyachoti argues that millions of shillings received from the ministry was received from the Health Ministry after the said portable medical clinics were delivered and duly inspected.
“The sum of 800 million shillings so far received by Estama Limited was received by it in the usual, normal and ordinary course of business and on account of contractual obligations with the Ministry of Health on the said contract without any element of corruption as alleged by the applicant, “argues Nyachoti.
Estama says that unless the orders freezing the accounts are set aside, the respondents will be subjected to extreme hardships.
Early this year, Kenya Revenue Authority moved to court saying that Estama has not paid taxes on the 800 million shillings it was paid for supplying mobile clinics to the ministry of Health.
KRA intends seeks to probe Estama books of accounts from the year 201 to date with the aim of establishing how much the frim owes in VAT , withholding, income , PAYE and direct.
Nancy Njambi Senior family bank manager attached to KTDA branch who pleaded not guility to charges of abetting money laundering on Friday December 20 ,2016.
BY SAM ALFAN.
Family Bank Operations manager attached to KTDA branch Nancy Njambi has pleaded not guilty to charges of abetting money laundering.
She becomes the eighth manager to be charged with similar charges.
Njambi is charged alongside Chief executive officer Peter Munyiri , Peter Mindoro, Oscar Nyasa, Charles Kamau Thiongo, Raphael Mutinda Nduda, Meldonon Awino Onyango, Josephine Njeri Wairi, and Family Bank limited.
The bank,through one of its official John King’ori was also charged on Wenesday.
John King’ori, a representative of the bank appeared before Chief Magistrate Francis Andayi and denied nine counts related to failure to report suspected proceeds of crime.
John King’ori was also charged on Wenesday. John King’ori was also charged on Wenesday.Photo by Sam.
The prosecution intends to call 6 witness to testify against the accused persons.
It’s alleged between 22 December, 2014 and 19 May 2015 at Family Bank KTDA branch abetted the offence of money laundering by engaging in transactions in account number 065000007847 belonging to Josephine Kabura Irungu carrying on business under the business name Reinforced Concrete Technologies held at Family Bank Limited KTDA branch, Nairobi for Kshs 320.160.000 whose effect was to diminish the said sum of money which was acquired directly as a result of the offence.
He is said to have failed to report unusual transactions relating to an account belonging to Josephine Kabura Irungu carrying on business under the business name of Reinforced Concrete Technologies held at Family Bank Limited, KTDA Branch Nairobi.
He is said to have failed to report unusual transactions carried out by the chief NYS suspect Kabura.
Family Bank Chief executive officer Peter Munyiri , Peter Mindoro, Oscar Nyasa, Charles Kamau Thiongo, Raphael Mutinda Nduda, Meldonon Awino Onyango, Josephine Njeri Wairi, and Family Bank limited. Photo by Sam.
The accused is said to have failed to comply with the reporting obligations by failing to report unusual transactions relating to an account belonging to Kabura.Kingo’ri was also charged with abetting money laundering contrary to the law on similar dates and place.
He is said to have abetted the offence of money laundering to Kabura for Sh 320,160,000 whose effect was to diminish the said sum of money which was acquired directly as a result of the commission of the offence.
King’ori was also accused of failure to file reports of cash transactions equivalent to exceeding Sh 1Million.
He faced several other counts of abetting and failure to comply with reporting obligations. The defense said the accused has co-operated with the investigation officer.
Two weeks ago, Kingori’s co-accused had denied the charges and each released each on a Sh1 million bond or Sh300,000 cash bail.
“Failure to report suspicion regarding proceeds of crime,” the charge sheet read in part. Details of the charges showed that the bank officials knew about the suspect dealings in bank accounts belonging to Kabura’s companies namely Forme Builders, All Trading and Reinforced Concrete Technologies.
King’ori was also released on Sh1 Million Bond or a cash bail of Sh300,000.The case will be mentioned on January 20, 2017.
He faced several other counts of abetting and failure to comply with reporting obligations. The defense said the accused has co-operated with the investigation officer.
In December last year, Kingori’s co-accused had denied the charges and each released each on a Sh1 million bond or Sh300,000 cash bail.
Laikipia Member of Parliament Matthew Lempurkel at Milimani law court's.
BY SAM ALFAN.
Laikipia Member of Parliament Matthew Lempurkel has been warned not to miss court proceedings in a matter in which he is facing assault charges.
Lempurkel whose warrant of arrest was lifted after he presented himself in court was asked to appear in court in person during the mentions and hearings of the case.
The legislator asked the court to lift the warrant of arrest and reinstate his cash bail saying that he did not attend yesterday’s proceedings saying that he was unwell.
“I was not feeling well, I assure you that I will comply with court directions,” said Lempurkel.
The prosecution on its part said that the medical report presented to court by the lawmaker has to be verified.
“He can still be out on bail, we give him benefit of doubt until the verification is done,”court heard.
Magistrate Hellen Onkwani directed that the matter be mentioned on the 26th of this month.
It is alleged that on November 21, 2016 at Harambee House in Nairobi, Lempurkel slapped nominated MP Sarah Korere on the left cheek and kicked her on the lower abdomen causing her injuries.
Lempurkel denied assaulting her and was released on Sh100,000 cash bail or Sh200,000 bond.
Kenya Film Classification Board (KFCB) Chief Executive Officer Ezekiel Mutua.
BY SAM ALFAN.
Alcoholic Beverages Association of Kenya have moved to court seeking orders to stop Kenya Film and Classification Board from arresting and prosecuting East Africa Breweries Limited and Africa Spirits Limited Chief Executive Officers and board directors for allegedly breaching the film and stage Plays Act.
According to the petitioners the board accused association members of airing television of unclassified Alcohol Advertisement during the watershed period in contraventions of the Film and Stage plays Act.
“We want temparory orders restraining film board or any person claiming to act on their behave from arresting and prosecuting Chief Executive Officer and board directors on account of the alleged breach of Film and Stage plays Act” submitted lawyer.
Through lawyer Peter Wanyama, the court was told that the Chief Executive Officers of the members of the Alcoholic Beverages Association Board namely East Africa Breweries Limited and Africa Spirits Limited are facing imminent prosecution as per letter addressed to them dated 3rd January 2016 by the Kenya Film and Classification Board.
Wanyama further argues that Kenya Film Board have assured the directors of the companies of a serious breach of laws and threatened to proceed and prosecute them if they don’t comply with the demands calling on them to stop the advertisement from airing.
In response to the said letter, the petitioners informed the film board that it was overstepping its statutory mandate by venturing into the regulation of advertisements.
“The file and Stage Plays Act cap 222 of the Laws of Kenya does not confer the film board with regulatory powers over television advertisements or at all,”reads the petition.
The film and Stage Act provides that all films produced must be licensed by the agency and later submitted for examination and classification before being aired to the public.
Any person who is found guilty of the offence under the article is liable to a fine not exceeding 100,000 shillings or to imprisonment for a term not exceeding five years or to both such fine and imprisonments.
Justice Aburili Roselyne Ekirapa directed the application to be served to film board, Attorney General and Kenya Communication Authority of Kenya and the matter will be mention on the 8 of February for further directions.
Controversial blogger Cyprian Nyakundi before Justice Mwihaki Njuguna (FILE PHOTO).
BY SAM ALFAN.
The High Court has directed controversial blogger Cyprian Nyakundi to justify his continued defamation of Safaricom boss Bob Collymore before appropriate punishment against him.
Nyakundi is required to file a sworn statement and provide copies to lawyers representing Collymore, who have protested that the blogger has not demonstrated any remorse after he was found guilty of deliberately disobeying court orders restraining him from publishing offending articles on social media last December 1.
Justice Mwihaki Njuguna observed that the integrity of the judicial process was likely to be undermined after Collymore’s lawyers complained that Nyakundi has repeatedly posted tweets on his personal platform in total disregard of court sanctions.
However, Nyakundi claimed it was unprocedural to introduce new evidence on a matter that was pending adjudication.
Collymore is seeking orders to have Nyakundi committed to civil jail for disobeying an injunction issued on July 18, last year, blocking him from publishing defamatory articles concerning corruption in the media industry in Kenya.
The blogger reportedly carried the offending story on August 1, last year, and failed to apologize and withdraw it.
In her ruling on December 1, Justice Mwihaki dismissed Nyakundi’s assertion that he did not maliciously discredit the Safaricom CEO or cast aspersions on his credibility and reputation. Similarly, she threw out his assertion that the court order was not served on him personally.
“It has been said, time without number, that whenever a court order is made, such an order is binding and whoever has difficulty has the opening to come to court to seek an explanation rather than defy it,” Justice Mwihaki had pointed out in her 13-page ruling.
The Judge extended the sanctions imposed on Nyakundi to keep off commenting about the contentious issue pending his mitigation and sentencing.
The punishment against him will be considered on January 31.
National Youth Service Director-General Richard Ndubai who former national youth service(NYS) deputy director General Clare Chaddah Lwali is seeking to be stopped from evicting her from government house(PHOTO BY SAM).
BY SAM ALFAN.
Former National Youth Service(NYS) deputy director General Clare Chaddah Lwali now wants Director of National Youth Service stopped from evicting her from a house owned by the government.
In a certificate of urgency Lwali argues that the decision made by the respondents on the 9th of November 2016 contravenes her constitutional rights.
She claims that the Director of National Youth Service has no powers to demote public servants from Government houses at his wish and caprice.
“The decision by the respondents is an abuse of discretion and office, “argues Lwali.
Director National Youth Service, Ministry of Public Service , Youth and Fender Affairs , Cabinet Secretary Public Service Commission and the Ag have been named as respondents in the case.
Lwali was last year arraigned before an anti-corruption court facing charges of abuse of office and willful failure to comply with the procurement laws.
She pleaded not guilty and was granted 600,000 Shillings.
Kabete Member of Parliament Ferdinand Waititu with his lawyer Harrison Kinyanjui outside Milimani law court's.
BY SAM ALFAN.
Kabete Member of Parliament Ferdinand Waititu is seeking over 50 million shillings from Kiambu Governor William Kabogo as costs of a case that was ruled in Waititu’s favor.
Waititu through his lawyer Harrison Kinyanjui filed the bill of costs petition after high court judge Onguto ordered that Kabogo pays the MP the cost of spending time in court defending himself.
In the main case High Court Judge Joseph Onguto dismissed Kabogo’s application saying that the court has no jurisdiction to hear and determine the allegations raised by the petitioner.
Kabogo’s was questioning Waititu’s integrity and academic qualifications.
As a punishment for Kabogo for suing the Kabete lawmaker over academic credentials.
Kiambu Governor William Kabogo took his supremacy wars to court claiming that Mr Ferdinand Waititu who vowed to remove him from the governor’s seat lied about his academic credentials.
The governor through lawyer Issa Mansur told a Nairobi court that Waititu does not possess any valid university degree or any degree from a recognized University.
He said that there is no evidence that now Kabete MP Waititu went through a process of learning, tutoring, and examination and met all the requirements of the University to earn the degree that he purports to possess.
Kiambu Governor also warns that there is a real danger that Waititu’s election as member of the National Assembly for Kabete Constituency was a fraud on the good people of Kiambu County
Waititu later challenged Kabogo creditials saying never went to Panjab University to do his alleged commerce degree, a court heard.p
Mr Waititu said governor’s presence in India is not documented.
While presenting his response against claims that he did not attend Panjab University, the MP showed his university documents including a certificate awarded to him by the institution.
In papers filed in court on Tuesday, Waititu said the governor has equally not submitted proof that he changed courses if he attended the university.
“…He has availed no proof that he attended a single class lecture or authority to shift from an alleged degree course in Electrical engineering to Bachelor of Commerce,” the papers read in part.
The court ruled that Kabogo should have filed his complaint at the Ethics and Anti-Corruption Commission instead of approaching the High Court.
China Communication Construction Company Limited has offered to relocate a woman who is seeking compensation from the Chinese firm because of the pollution being emitted by their construction activities.
Charity Mpano Ntiyioine moved to court arguing that the quarry activities being carried out in her firm have affected her health and blocks access to her property in which she is building her house.
Through a letter to, China Communication Construction Company said it is willing to relocate Charity Mpano to another part of the farm on the understanding that she will vacate the orders that are hindering their clients operations.
In her affidavit filed in court Mpano argues that there is no effective Environmental Management plan in respect of the project been carried out
by the said Chinese Firm.
“The principle of public participation envisaged in Article 69
of the constitution and other laws has been violated in this case,“argues Mpano.
She also claims that she visited NEMA offices in Kajiado but could not be assisted because she does not speak English China Communication Construction Company Limited and
National Environment Management have been named as respondents in the case.
