Blog Page 368

NYS WARS HEIGHTEN: JUNIOR OFFICIALS ON THE RECEIVING END.

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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.

MP WAITITU TOPPLE KABOGO IN COURT.

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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.

CHINESE FIRM TO RELOCATE WOMAN IN POLLUTION COMPLAINT.

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China Communication Construction Company.
BY SUSAN KAMAU.
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.

UCHUMI FORMER BOSS TO PAY SH9M IN CMA DISPUTE.

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Former Uchumi Chief Executive Officer Jonathan Ciano.

BY NT CORRESPONDENT.

Former Uchumi Chief Executive Officer Jonathan Ciano has entered a consent to deposit 9.5 million shillings bank guarantee in favor of CMA pending the hearing and determination of the case.

Mr Ciano is challenging the 18.5 million shillings slapped by Capital Market Authority over the mismanagement of the retailer chain.
In the consent that was entered by the parties before Justice Roselyn Aburili, was further offered to deposit the same within 14 days failure to which CMA will be at liberty to take actions. Ciano was slapped with a 5 million Shillings fine and further directed to refund 13.5 million shillings earnings he made from Uchumi.
“We’ve agreed that there be a stay of enforcement of the penalties levied against the applicant by the respondent on the sum of 18.5 million shillings pending the hearing and determination of the case”Court heard
This is after CMA proved that he failed to disclose to the board that he had conflict of interest during his tenure on the board.
The matter will be mentioned on the 26th January for further directions.

COURT ANNULLS TITLE DEEDS ISSUED BY FORMER LAND CS CHARITY NGILU.

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Former Land Cabinet Secretary Charity Ngilu.
BY SAM ALFAN.
Former land Cabinet Secretary Charity Ngilu has suffered a major blow after High court declared all titles issued during her tenure as unlawful.
Justice George Odunga declared unlawful the registration forms, tittle deeds, and Certificates of tittle made and promulgated by the then Lands Minister Charity Ngilu.
 The court ruled that the said documents were promulgated without the advice of or input of the National Land Commission and without the necessary public participation or parliamentary scrutiny and approval.
However considering the immediate consequences of the above declaration on the registration of tittles processes currently ongoing and already undertaken, the declaration of invalidity was suspended to enable the ministry of Lands to initiate meaningful engagement with the public, seek and take into account the advice of the National Land Commission, if any.
This follows a successful petition filed by Anthony Otiende Otiende who argued that the said forms were never tabled before parliament for the necessary approval pursuant to the law.
He further argued that such forms could only be promulgated upon and after receipt of the National Land Commission advice which the then minister Ngilu never sought or received from the NLC.

UGANDA KING REFUSES TO LEAVE COURT AFTER SEEING POLICE VEHICLE OUTSIDE.

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Rwenzururu king Charles Wesley Mumbere engaging with a police officer.
BY NT CORRESPONDENT IN UGANDA.
There was drama in a Ugandan court after Rwenzururu king Charles Wesley Mumbere refused to leave even after being released.
According to him, this was a gimmick by the Ugandan government to have him rearrested.
He refused to leave Jinja court premises after being released on bail.
King Mumbere was seen being driven out of the Jinja court premises but when he was told there was a waiting police car outside the court gate, he stopped and vowed not to leave until he was sure he was free.
Addressing journalists during the fiasco, the King said he would not leave until he was sure he will not be re-arrested.
“ I’m willing to stay here for even more than two weeks. If police is to re-arrest me, they should come at least with an arrest warrant,” said Mumbere.
He described the occurrence as a hostage situation.
He was on Friday released on a non-cash bail of Sh100 million.
His six sureties including the Leader of Opposition, Ms Winfred Kiiza were each bonded at Sh100m not cash.
Part of conditions that the king is supposed to adhere to includes being restricted to move in only three districts: Kampala, Wakiso and Jinja.
He was however barred from accessing Kasese, Kabarole and Bundibugyo districts.
It was  alleged that he may a interfere with ongoing investigations over the Rwenzori region attacks.
The judge in her analysis, dismissed the fears of the state that once the king who commands a huge following of over seven million subjects is released on bail, he will interfere with investigations.
The judge observed that the king’s bail is his constitutional right which overrides the same fears.
She added that prosecution did not substantiate their fears, making them mere hear say.

STAY IN CLASS, COURT TELLS LECTURERS.

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UASU National Secretery Muga K'Olale addresses lecturers from Masinde Muliro University during annual general Meeting at Shieywe Guest House in Kakamega on 17th/March/2015.

BY THOMAS KARIUKI.

No strike for lecturers, court sends out tough warning against it.

Employment and Labour relations Judge Helen Wasilwa temporarily stopped the University’s Academic Staff Union -UASU strike set for Thursday next week.

This is after Inter-Public Universities Councils Consultative Forum moved to court under a certificate of urgency to challenge its legality.

The University’s Academic Staff Union and Salary Remuneration Commission are respondents in the case.

Judge Wasilwa directed that the petition be served to the respondents who should appear in court for further directions next week Wednesday.

‘’Any disobedience or non –observance of the order of the court given today will result in penal consequences to the said officials or any other persons,” reads part of the order.

The union representatives have vowed to boycott work beginning next Thursdays after the Inter-Public Universities Councils Consultative Forum (IPUCCF) failed to offer a counter-proposal for their 2013-2017 collective bargaining agreement (CBA).

NYS KEY SUSPECT UNABLE TO MOVE AROUND WITHOUT LUXURY CAR, PLEADS FOR ITS RELEASE.

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Charity Wangui Gethi Charity with co-accused John Kago, Charity is one of the key suspects in the Sh791million National Youth Service (NYS) scandal WHERE she appeared before court at Milimani law on Monday November 7/11/2016 (PHOTO BY SAM).
BY SAM ALFAN.
Key suspect in the NYS scam will not get the opportunity to drive her luxury car until she gives a valid reason why it should be released.
Charity Wangui Gethi lost a bid to have her motor vehicle, Jeep Grand Cherokee, earlier seized by the Asset Recovery Agency released.
She was sighting hardship in moving around and in social places.
High court Judge  Hedwing Ongudi denied Wangui the order saying she did not present material facts  to show that she deserved to have the car.
Judge Ongodi held that the order issued by the court was properly issued.
Investigations had established that the money used to purchase the vehicle was believed to have come from NYS proceeds, she held.

CURTAINS FALL DOWN ON DOCTORS HEADS IN TWO WEEKS, COURT.

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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 SAM ALFAN.

The court has suspended Doctor’s union officials’ jail term to allow them finish negotiations with the government and call off their countrywide strike.

This after they were sentenced to a one month jail term for disobeying a court order requiring them to call off the ongoing doctors’ strike.

Justice Hellen Wasilwa of the Employment and Labour Relations court division said that if within the two weeks the strike will still be on then the officials will be arrested and taken to jail.

“What it means is that for today, I sentence you for one month in jail, suspended sentence which will fall down, the sentence is hanging on your heads. It will fall down on your heads within two weeks, if the strike is still on,” Judge Wasilwa ruled

The court said that the two weeks window is to ensure that negotiations continue.

Justice Hellen Wasilwa further directed the officials to attend court in two weeks’ time for further directions on the matter.

The doctors pleaded with court to give them a lesser sentence arguing that they had no powers to call off the strike.

Through their Secretary General Dr Fredrick Oluga, the doctors also urged the court to intervene on behalf of the doctors since there was a CBA that they are pushing for.

The labour court however distanced itself from the Collective Bargaining Agreement saying it was not registered with the court as required by law.

“There is no CBA that you are talking about because this court has not registered any CBA” court said.

Proceedings resume January 26.

RAILA SHOULD PART WAYS WITH SOME POLITICAL BAGGAGE.

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Amani National Congress leader Musalia Mudavadiwith Oranga Democratic Movement party leader Rails odinga at a meeting in Nairobi hotel on June 18, 2016.

BY THOMAS KARIUKI.

Managing Editor at Nairobi Times.

There are leaders masquerading as those who can bring about a united opposition front to be dubbed NASA. I want to remind Raila that with or without Musalia Mudavadi, Raila Odinga already has western votes.

In 2013, more people from western voted for Raila than Mudavadi. Now what makes Mudavadi feel that if he joined forces with Raila, he will bring more votes to oust a united Jubilee?

The only chunk that Mudavadi brings as votes is just a 483, 981 difference compared to the 832,892 votes President Uhuru Kenyatta beat Raila with in 2013.

If Raila believes Mudavadi’s political game plan, his 5,340,541 votes added to Mudavadi’s 483,981 votes would give him 5,824, 522. President Kenyatta had a massive 6,173,433 votes meaning there is no much difference that Mudavadi brings on the table.

Raila’s agenda should be to consolidate the whole western region votes with or without Mudavadi and maintain relations with Kalonzo Musyoka who gave him 1,069,529. So the gamble then should be between the Kalonzo’s 1,069,529 against Mudavadi’s 483, 981, where should Raila fall. In actual sense, Raila is better placed with Kalonzo that Mudavadi. Only a deaf politician will not hear the warning bells.

He should work with Dr Bonni Khalwale and Moses Wetangula in western and not any other baggage. These two gentlemen managed to bring him more western votes than the now proclaimed spokesperson of the Luhya community.

Again Raila should trend carefully because, if he takes Mudavadi other than Kalonzo Musyoka as his running mate, he loses the whole Kamba vote.

The western vote is less of a hustle as compared to the Kamba vote.

Facts have it that Raila received more votes in western than Mudavadi did. What does this say? If Raila is to consolidate the western vote block, and make peace with leaders who may have fallen idiocy to jubilee charm, then he will have achieved more than allowing one self- seeking leader.

Mend fences with political bigwigs like Ababu Namwamba and others from the Mulembe Nation. I dare say Ababu because facts have it that a big percent of Kenya’s population is youthful. Ignoring Ababu is ignoring the youth of western.

The other leaders are more of gentlemen than Mudavadi who was used to deny Raila votes but because of self-interests, Mudavadi now purports to want to work with Raila for his political convenience.

Mudavadi is a jubilee mole and will not hesitate to join the other camp if the Raila camp doesn’t favour him. I will not remind enigmatic Raila that politics is about interests.

The worst mistake Raila will make is to dissolve CORD, a coalition that has taken time to build and maintain, to join a bandwagon of self-seekers positioning themselves as the ‘saviors of the dock.’

If Mudavadi wants to join hands with Raila, that is his democratic right but he should not come with conditions to dissolve Cord to create a coalition of his own liking, NASA.

Mudavadi wants Raila to believe that he cannot win without him. That’s a very big lie. With or without him, Raila will win if only he remains focused and revises his campaign strategy to ensure that he takes the Mudavadi vote and keeps his loyal friends from western.

Mudavadi is still a Jubilee mole. He wants to create uncertainty and in-fighting in cord so that his friends from the other coalition can unite and beat a confused Cord. Who cannot see this?

Listen here, why did Mudavadi wait until all this while to join hands with Cord? After 2013, he worked with Jubilee. What makes you think that he has turned overnight to be the ultimate savior now? I dare say that he is not worth the gamble.

The only position I would recommend for Mudavadi is to remain as a spokesperson for his community and if all goes well become an MCA for his region.