Blog Page 367

UON DON CHARGED FOR DEMANDING SH5000 KICKBACK FROM STUDENT.

By Nairobi Times -
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University of Nairobi main Campus Nairobi.

BY NT CORRESPONDENT.

University of Nairobi lecturer has been charged for demanding a bribe from a student to award him marks.

Dr Vincent Mbindo Kathimo of the Faculty of Agriculture is accused that on January 18 at upper Kabete campus of UON demanded for a financial advantage of Sh5, 000 from Duncan Kibet as inducement so as to award him exam marks after he was found cheating on an exam during last semester.

He also accused that on the same day at Uthiru being a person employed by public service as a lecturer received a financial advantage of Sh3, 000 from Duncan Kibet as an inducement so as to award him the exam marks.

Mbindo is also accused of demanding the balance of Sh2, 000.

He was released on a Sh80, 000 cash bail with a bond of Sh100, 000.

The matter will be mentioned on 17, of February for further directions.

SOUTH SUDAN REBEL LEADERS WILL NOT BE DEPORTED, COURT SAYS.

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South Sudanese nationals who are petitioners two rebel leaders loyal to South Sudan’s former Vice President Riek Machar before high Court Judge, Justice Luka Kimaru at Milimani Law Court in Nairobi on Friday January 27,2017(PHOTO BY SAM).

BY SAM ALFAN.

The High Court has stopped the deportation of two rebel leaders loyal to South Sudan’s former Vice President Riek Machar.

Justice Luka Kimaru further directed that mobile providers provide communication data to determine the whereabouts of other leaders Dong Samuel Luak and Aggrey Idri Izbon

According to the petition filed in court, former deputy chairperson of the SPLM-IO committee for constitutional affairs Dong Samuel Luak and chairperson of the SPLM-IO committee for humanitarian affairs Aggrey Idri Izbon have been missing since Monday this week.

The petitioners argue that the Kenyan authorities have denied knowledge of the disappearance of the two opposition officials in Nairobi.

The court heard that the applicants were unlawfully detained on 23rd contrary to article 47 of the constitution of Kenya adding that the family of the two missing people reported with the police on the same day but no response has been forthcoming.

They further argued that there is a high likelihood that if the court does not intervene, the two will be deported back to their war torn country with serious ramifications as to their safety.

“I am reliably informed that the deportation is underway, my sources are reliable and confidential,” argues Eddy Orinda.

Proceedings resume Tuesday next week.

KIAMBU GOVERNOR CLEARED OF HATE SPEECH.

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Kiambu Governor William Kabogo with his lawyer Issa Mansour addressing court reporters outside Milimani Law Courts building on Friday January 27,2016.

BY THOMAS KARIUKI.

Kiambu Governor William Kabogo is free, his talk was not based on hateful remarks, court decides.

It is alleged that the governor in his statements was targeting a certain community in the country.

Trial Magistrate Martha Mutuku dropped the charges of hate-speech and ethnic contempt against the governor for lack of sufficient evidence.

The court said that the prosecution had not established that Governor Kabogo uttered words that are likely to cause violence.

She faulted the prosecution for solely relying on video clips by media houses which recorded the politician saying they might have been edited for consumption by the general public.

Magistrate Mutuku also criticized the state for failing to call the camera person who recorded the incident to testify and confirm to the courts whether the Governor made the alleged remarks.

It was also her view that two witnesses who were called upon to give evidence including musician John de Matthew were not sure whether the Governor uttered the said remarks.

Governor Kabogo was accused that on November 25 last year, he uttered words which were intended to invite feelings of contempt against  persons and community in Kenya that do not ethnically embrace male circumcision.

EMBU UNIVERSITY BOSS RUSHES TO HALT PROSECUTION.

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University of Embu Chancellor Professor Musili Wambua.

BY NT CORRESPONDENT IN EMBU.

University of Embu Chancellor Professor Musili Wambua has moved to court seeking orders to stop his prosecution over alleged issuance of postdated cheques worth Sh20 million.

He was allegedly supposed to pay the Sh10 million on June 15, 2016 but he issued postdated cheques worth Sh20 Million.

Musila is further accused of giving unconditional and irrevocable personal Guarantee dated June 9, 2016 to Ngambau undertaking to pay him Sh20 million together with the interest within 30 days from the date of release.

SENIOR GOVERNMENT OFFICIAL CHARGED OVER SH2 BILLION FRAUD.

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Senior official from the Kenya National Chamber of Commerce Laban Onditi Rao conspired to defraud Ms Roseline Macharia a land parcel located at Embakasi at Milimani magistrate court on Thursday January 26 ,2017.

BY SAM ALFAN.

Kenya National Chamber of Commerce Vice Chairman has been charged over Sh2 billion fraud.

It is alleged that on April 3 2014 Laban Onditi Rao conspired to defraud Ms Roseline Macharia a land parcel located at Embakasi valued at Sh2 billion.

He is also accused of making false documents to take over the land.

The land measures about 4.047 hectares and is located at Embakasi area in Nairobi.

It is alleged that he made a fake letter of preparation of certified copy deed purporting it to be genuine and valid.

The accused denied the charges and was released on a Sh300, 000 cash bail and a bond of Sh500, 000.

The case will be heard on 3rd March.

COURT SUSPENDS LAW MICROMANAGING UNIVERSITY STUDENT LEADERSHIP.

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University students leaders addressing court reporters at Milimani law Court's building.
BY SAM ALFAN.

University students have won the first round challenging a regulation of who shall be a student leader.

The High Court in Nairobi suspended the implementation of the Universities Amendment Act 2016 that seeks to regulate university student leadership.

This is pending the hearing and determination of the petition filed by Universities Leaders.

High Court Judge George Odunga yesterday stopped the election of the student’s leaders in all the universities within the country that were scheduled from February 3, 2017.

“In the meantime temporary orders have been issued suspending the operation of parts of the Universities amendment Act, 2016,”Said Odunga.

Through Lawyer Lumumba Omondi, the students said that the Act was inconsistent with the law and they were not involved in drawing it up.

CJ MARAGA UNVEILS A CONSUMER FRIENDLY BLUEPRINT FOR JUDICIARY.

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Chief Justice David Maraga during the launch of judiciary blueprint on how the Judiciary will be run in his tenure on Thursday January 26 ,2016.

BY THOMAS KARIUKI.

Chief Justice David Maraga has launched a consumer friendly approach that will turn the fortunes of court business in Kenya.

Not only will the judiciary improve access to justice and finalizing corruption in a few months, the judiciary will also reduce the backlog of cases.

This is a blueprint of how the Judiciary will be run in his tenure.

CJ Maraga will base his leadership on a consumer-friendly approach that will transform and restore public confidence in the Judiciary.

The blueprint will be centered on six key areas: improving access to justice, handling corruption in and out of the Judiciary, improving ICT, reducing cases backlogs, digitization, and leadership and governance.

All these plans are based on transforming the Judiciary, a foundation that was laid by immediate former CJ Dr Willy Mutunga.

He said that he wanted to preside over an institution that is service driven to the common mwananchi.

CJ Maraga has put up a monitoring unit that will look at the progress of implementing the blueprint. This committee will be headed by Deputy Chief Justice Philomena Mwilu.

COURT INDULGES DOCTORS JAIL TERM.

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Kenya Medical Practitioners and Dentists Union Secretary General Puma Plugs (right) and National chair Oroko Samuel leaving employment and labour relation Court on Thursday January 26 ,2016 (PHOTO BY SAM).

BY SAM ALFAN.

Doctors can breathe a sigh of relief for now following a court decision giving them an allowance of five more days, however poor Kenyans continue to feel the blunt.

The court suspended the sentencing of Doctors Union leaders to give time for further negotiations to end the strike.

Employment and Labour Relations Court Judge Hellen Wasilwa on Thursday also ordered the Kenya Medical Practitioners and Dentists Union to continue talks with the government.

“I will take time and review the orders and I will suspend the orders for [the period] which will expire on January 31,” said Wasilwa.

The development came as the strike entered its 53rd day, with patients from poor backgrounds bearing the brunt of the crisis.

The doctors are demanding full implementation of the Collective Bargaining Agreement (CBA) they signed with the government in 2013.

KMPDU officials had appeared before Judge Wasilwa to give an update of the ongoing negotiations on increased pay talks with the Health ministry.

The union has filed an application seeking to extend the negotiations period, arguing that they are looking forward to an amicably settlement.

Samuel Oroko Oregi, Titus Ondoro, Allan Ochanji, Fredrick Ouma Oluga, Hamisi Mwachonda Chibanzi, Daisy Korir and Evelyne Chege also wanted to know their fate after the judge threatened to arrest and lock them up for violating orders of the court.

The Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) officials have five days to call off the ongoing strike or serve a one month jail.
This is even as the Union officials insist that they will not go back to work until the CBA 2013 is implemented.
However the doctor’s official who got the reprieve say that they are ready to be jailed adding that the CBA 2013 has to be implemented for them to go back to work.
The doctors through their secretary general Ouma Oluga blaming Health Cabinet secretary Cleophas Mailu and the courts  for frustrating them during the negotiations.
Meanwhile the council of governors want doctors to loosen their stand and negotiate their CBA after resuming services saying that Kenyans are suffering.

FREEDOM CORNER WOMEN TO GET HANDSOME COMPENSATION.

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High Court at Milimani Law Court Nairobi.

BY THOMAS KARIUKI.

Women maimed, trampled upon by then President Daniel Moi’s government in 1992 at Uhuru park ‘freedom corner’ to receive handsome compensation.

A Nairobi court has ordered the government to pay over Sh18 million to six women who spent days and night at Uhuru Park in the year 1992 clamoring for the release of their detained  sons.

The six women were awarded Sh3 million each by High Court Judge John Mativo who held that their rights were violated by police and General Service Unit officers.

“I have considered the nature of the violations of the petitioner’s constitutional rights and it may not be easy to quantify denial of fundamental rights and freedoms, I award each of the petitioners 3 million shilling each,” ruled judge Mativo.

The petitioners argued that in the year March 1992 while at Uhuru Park Freedom Corner in Nairobi when they were peacefully agitating for the release of all political prisoners they were without any lawful cause and in contravention of their constitutional rights subjected to acts of torture, inhuman and degrading treatment by the police and General Service Unit officers.

They argued that they were arrested and bundled into a police vehicle and forcefully taken to their respective rural homes an act that violated their constitutional rights.

The Freedom corner six told the court that they suffered physically, psychologically, economically and politically.

They said they were tortured for expressing their fundamental rights of freedom of expression and association enshrined in the constitution and particularly for agitating for release of political detainees.

CIVIL SOCIETY DEMANDS ENFORCEMENT OF TWO THIRD GENDER MAJORITY RULE BY PARTIES.

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Chief Justice David Maraga who Katiba institute wants to appoint a bench of an uneven number of judges being not less than three to hear the matter.

BY SAM ALFAN.

The push for a two third gender majority has gained traction with a civil society now demanding that political parties provide a list of how they will enforce the constitutional requirement.

Katiba Institute wants the court to issue orders compelling political parties to submit to the IEBC a list of nominees that meet the two-third gender rule.

They say that the orders sought will have a direct impact on the nomination process of the political parties’ candidates for the 2017 general elections.

Katiba institute also wants the Chief Justice to appoint a bench of an uneven number of judges being not less than three to hear the matter.

They argue that the petition raises weighty and complex questions of law concerning whether IEBC is prohibited by the constitution from accepting a list from a political party that  fails to meet the requirements of the two-third gender rule  and accordingly reject all nominees of such political party for clearance to compete in the general elections

In an affidavit chairperson of the Katiba Institute Board, Yash Ghai want IEBC to reject the entire list of nominees presented by the political party that is non-compliant with two third constitutional requirement.

Yash Ghai claims that he is unaware of any plans by IEBC to require that all political parties comply with article generally when conducting their nominations.

IEBC has already set out the timelines for the nomination process with March 2017 being the date when political parties must submit names of candidate’s for party primaries.

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