Blog Page 369

GO BACK TO WORK, COURT ORDERS DOCTORS AND NURSES.

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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 NT REPORTER.
The Employment and Labour Relations Court has ordered doctors and nurses to resume work after declaring their strike illegal.

The order was issued by Justice Hellen Wasilwa who directed union officials to call off the strike immediately.

Last week Employment and labor relations court directed striking doctors must appear in court on Tuesday next week to try resolve a pay rise dispute that has paralysed health services countrywide.

Judge Hellen Wasilwa also directed Kilimani OCS to assist in serving the officials with the orders.

The directions were issued after the council of governors moved to court against Kenya medical Practitioners, Pharmacists and Dental Union and its officials.

In a certificate of urgency the council of governors argued that the medical practitioners have proceeded to go on unlawful and unprotected strike thereby gravely affecting the health and wellbeing of patients.

“Unless the unlawful strike is stopped by this court thereby irreparably harm to the people who are in need of Medicare, “reads court documents.

Those in the private sectors said they would join the strike on Tuesday in solidarity with their public counterparts to force the government to listen to the medics demands.
Unions are demanding a 300 per cent pay increment for doctors, and 25 to 40 per cent rise for nurses.

They said they had signed a Collective Bargaining Agreement with the government in 2013 but that it is yet to be implemented.

The medics’ union is also asking a review of working conditions, job structures, criteria for promotions, and under-staffing of medical professionals in state hospitals.

Last Wednesday, the government offered a Sh50,000 increase for the lowest paid doctors, which would raise their salaries to Sh176,000, but unions rejected it and walked out of talks.
President Uhuru Kenyatta also urged doctors to return to work promising that a solution would be found.

The Kenya Medical Practitioners and Dentists’ Board rejected an offer for a pay rise by the government outside the Collective Bargaining Agreement agreement signed three years ago.
KMPDU declined to call off the strike saying the CBA must be implemented fully and that it will not accept offers made outside the deal.

TWO STUDENTS DENY KIDNAPPING AND PLOTTING TO KILL A MINOR.

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Jomo Kenyatta University of Agriculture and Technology students Levis Oduor Odonyo and Edwin Renson Ogola before Nairobi Magistrate Court where pleaded not guilty over kidnapping charges on Tuesday December 13,2016.

BY SAM ALFAN.

Two Jomo Kenyatta University of Agriculture and Technology (JKUAT) students Levis Oduor Odonyo and Edwin Renson Ogola will remain in remand after they pleaded not guilty to kidnaping charges and attempting to kill a minor.

The two are alleged that on December 4th 2016 ST Funguo Estate in Langata within Nairobi county, they jointly with other before not court kidnapped Wallace Hassana Rabudi from lawful Guardianship of Mark Rabudi.

Levis who is said to be Wallace cousin is facing a second charge of attempting cause the death of the said child. The prosecution claims that Lewis attempted to unlawfully cause the death of Wallace Hassana Rabudi by strangling him and hitting his head against a rock.

The two student’s also pleaded not guilty to demanding 500,000 from Wallace parents.

The prosecution opposed an application to have the two released on bail saying that they will interfere with witnesses lined up in the case.

“The evidence so far gathered is cogent and sufficient to secure a conviction and hence the temptation of the accused to abscond if released on bail, “prosecution noted.

The court was told that the child is currently admitted at Nairobi Hospital-High Dependency Unit.

Trail magistrate Joyce Ngandani directed the matter be heard on the 23rd of January.

BUSINESSMAN INDICTED FOR PLANNING TO KILL INVESTOR OF KOSEWE RESTAURANT.

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Businessman Tom Oywa Mboya before Nairobi Magistrate Court where he pleaded not guilty over attempted murder charges on Friday December 9 ,2016.

BY SAM ALFAN.
Nairobi businessman Tom Oywa Mboya was this morning arraigned before a Nairobi court over attempted murder charges.

According to the charge sheet Oywa is alleged to have committed the offense on the 1st of December this year at Garden estate within Nairobi county.

“Mboya attempted unlawfully to cause the death of William Osewe Guda by shooting him,”reads the charge sheet.

Osewe is a prominent businessman who runs Kosewe restaurant in Nairobi town.
He faces a second similar count of attempting to cause the death of Wilfred Ombunya Tembula by shooting him.

He pleaded not guilty and released on a cash of 300,000 and a bond of 500,000.

He appeared before magistrate Charity Oluoch who directed the matter be heard on 1 ,2016.

Mboya was first arraigned in court this Monday at Makadara law court where the prosecution applied for the accused to be remanded pending completion of investigations.

SOUTH KOREA PARLIAMENT VOTE TO IMPEACH PRESIDENT PARK GEUN-HYE.

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Impeached South Korea President Park Geun-hye.

 
BY THE NEW YORK TIMES.

South Korea — South Korea’s Parliament voted on Friday to impeach President Park Geun-hye, an aloof conservative who took a hard line against North Korea and rose to power with strong support from those who revered her father, the military dictator Park Chung-hee.

The vote against Ms. Park, the nation’s first female leader, followed weeks of damaging disclosures in a corruption scandal that has all but paralyzed the government and produced the largest street protests in the nation’s history. Her powers will now be suspended as the Constitutional Court considers whether to remove her from office.

Ms. Park has been accused of allowing a shadowy confidante, the daughter of a religious sect leader, to exercise remarkable influence on matters ranging from choosing top government officials to her wardrobe, and of helping her extort tens of millions of dollars from South Korean companies. The scandal, which gained national attention less than two months ago, has cast a harsh light on collusion between the presidency and big business in one of Asia’s most dynamic economies.

A total of 234 lawmakers voted for impeachment, well over the required two-thirds threshold in the 300-seat Parliament. The vote was by secret ballot, but the outcome indicated that nearly half of the 128 lawmakers in Ms. Park’s party, Saenuri, had joined the opposition in moving to oust her.

Parliament’s motion for impeachment, accusing Ms. Park of “extensive and serious violations of the Constitution and the law,” will now be taken up by the Constitutional Court, which has six months to decide whether the charges are true and merit her ouster.

Prime Minister Hwang Kyo-ahn, a former prosecutor and staunch defender of Ms. Park, will serve as acting president in the meantime. If the court votes to remove Ms. Park, South Korea will hold an election for a new president in 60 days.

The political turmoil ushers in a period of uncertainty as South Korea faces a slowing economy, a growing nuclear threat from North Korea and a more assertive China. Ms. Park had adopted a tough stance toward the North, focusing on stronger sanctions, and had agreed to deploy an American advanced missile defense system that infuriated the Chinese.

Ms. Park addressing the nation over the scandal in November. She has been accused of allowing a shadowy confidante, Choi Soon-sil, to exercise remarkable influence on matters including choosing government officials, and of helping Ms. Choi extort tens of millions of dollars from South Korean companies.

Her unpopularity increases the chances of a liberal candidate winning the next election, possibly upending her North Korea approach and steering the country closer to China.

Domestically, her undoing provides the latest example of how corruption and influence-peddling remain entrenched at the top echelons of political and corporate life in South Korea.

The nexus of industry and political power has fueled South Korea’s transformation from a war-torn agrarian country into a global economic powerhouse, yet the ties between government and business have yielded recurring corruption scandals.

Ms. Park, 64, came to power in early 2013, backed mostly by older Koreans who had hoped she would be a contemporary version of her father, often viewed as the modernizer of South Korea.

Instead, she became the least popular leader since the country began democratizing in the late 1980s, according to recent polls. Critics said she was authoritarian and used state power to muzzle critics while shielded by a coterie of advisers.

The vote for impeachment in the National Assembly, South Korea’s Parliament, was a victory both for the opposition and the huge crowds of South Koreans who filled central Seoul for the past six weekends demanding that she resign immediately or face impeachment. Recent surveys showed that a vast majority of South Koreans agreed with the demonstrators.

“It is a victory of the people’s will and Korea’s democracy,” said Kang Won-taek, a professor of political science at Seoul National University. “It is Korea’s glorious revolution, achieved without blood and without any serious violence.”

The last time South Koreans took to the streets to kick out an unpopular leader, in 1960, they had to fight bloody battles with police officers armed with riffles.

That uprising forced Syngman Rhee, the country’s founding and authoritarian president, to resign and flee into exile in Hawaii. Vice President Lee Ki-poong, a Rhee confidant who was at the center of a corruption scandal, and his family ended their lives in a group suicide as mobs approached their home in Seoul.

In subsequent decades, when South Koreans demanded more democracy, their military dictators, including Ms. Park’s father, brutally suppressed them through martial law, torturing and even executing their leaders.

In 1987, violence erupted again as people took to the streets to demand free presidential elections, forcing the military government to back down.

This time, in a sign of how far South Korea’s democracy has matured, peaceful crowds achieved their goal without a single arrest. Increasingly large numbers of protesters gathered in the capital, including about 1.7 million people on Saturday — the largest protest in South Korean history.

The protesters sang and danced to rock music and put flower stickers on police buses. They marched, some pushing baby carriages, while uniformed officers stood aside. And they neared Ms. Park’s presidential compound, chanting that she should step down immediately or face impeachment.

Ms. Park became the first South Korean president to suffer such a fate since 2004, when the National Assembly moved to impeach Roh Moo-hyun for violating election law. Two months later, the Constitutional Court ruled that Mr. Roh’s offense was too minor to justify impeachment and restored him to office. But Ms. Park faces much more serious accusations.

Still, it is difficult to predict when and how the Constitutional Court will rule on Ms. Park’s fate. The process will buy time for Ms. Park’s embattled party to recover from the scandal and prepare for the next presidential election if the court decides to formally unseat her.

If a liberal candidate wins the next election, the plan for the American missile deployment could be in trouble. Although none of the politicians cited as potential presidential candidates has specified that they would reverse the plan if elected, liberals have criticized the deployment, saying that South Korea should pursue a more balanced diplomacy between Washington and Beijing.

Ms. Choi, center, at a prosecutor’s office in Seoul in October. She has been indicted on charges of leveraging her influence with Ms. Park to extort millions of dollars from businesses.
That may present a challenge for the incoming administration of Donald J. Trump, as he deliberates over whether to adjust Washington’s approach toward North Korea’s advancing nuclear-missile program.

Ms. Park joins the ranks of South Korean leaders who have been disgraced near the end of their terms, with their relatives or aides implicated in corruption scandals. An exception was Ms. Park’s father, who was assassinated in 1979 at the height of his dictatorial power and before anyone dared to bring corruption charges against him.

His and subsequent governments had favored a handful of family-owned conglomerates with tax benefits, lucrative business licenses and buy-Korea and anti-labor policies. In return, the businesses were accused of returning the favors with bribes and suspicious donations.

Through the years, top corporations have been rocked by recurring corruption scandals, including the one that implicated Ms. Park and her confidante, Choi Soon-sil.

In 1988, business tycoons were hauled into a parliamentary hearing to be questioned about millions of dollars they gave to a foundation controlled by the military dictator Chun Doo-hwan.

The scene repeated this week, when nine business leaders, including Jay Y. Lee, the vice chairman of Samsung, and Chung Mong-koo, the Hyundai chairman, appeared at another parliamentary hearing to be questioned about millions of dollars they gave to two foundations controlled by Ms. Choi.

Ms. Choi has been indicted on charges of leveraging her influence with Ms. Park to extort the money from the businesses. Prosecutors have also identified Ms. Park as a criminal suspect, a first for a president, though she cannot be indicted while in office.

The businessmen admitted giving the money, confirming that the requests had come directly from Ms. Park or her aides.

Hur Chang-soo, chairman of GS Group and the head of the Federation of Korean Industries, the pro-business lobby group that coordinated the donations, put the situation this way: “It is difficult for businesses to say no to a request from the government. That’s the reality in South Korea.”

WE MUST GRADUATE OR LESS, STUDENTS TELL THEIR VC.

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Lawyer Ham Lagat for thirty four Technical University of Kenya students who seeking to stop a graduation scheduled in a few days or less face it.

BY SAM ALFAN.

Students from Technical University of Kenya want the court to stop a graduation scheduled in a few days or less face it.

The thirty-four engineering students are seeking orders to compel their school to ensure that they graduate.

The students, who have been blocked from graduating because they did not study a newly introduced unit, have sued the institution’s vice chancellor, its council, the director of the school for mechanical and process engineering and the academic registrar.

Through lawyer Ham Lagat, they are challenging a decision taken by the varsity’s senate on December 5 that directed that they would graduate in April 2017 instead of December 20, 2016.

“They have waited for a whole year to graduate without being informed that there was a unit they did not do and some were employed on condition that they avail their degree certificates upon graduation this year,” Mr Lagat said.

In their court papers, Mr Lagat said the 34 should not be victimized for the alleged failures of the University and that those who graduated before them in 2014 and 2015 did not take the said unit.

The students argue that they have successfully completed all the requisite units for their course, met all academic and financial obligations as required by the Universities Act, as well completed their four months attachment.

They say that they received information on November 7 from the acting chairman of the mechanical engineering department that their class was not going to graduate this year.

The reason given was that they failed to do a unit called ‘Computer Aided Design and Manufacturing’ in their third year of study.

They said the information was informally communicated to them one year after having completed their studies at the institution and just one month to the scheduled graduation.

They also allege that the unit was introduced recently yet the institution is not apologetic for the mistake on its part.

They therefore want an order issued compelling the vice chancellor and the senate to include their names in the list being compiled for the oncoming graduation.

Justice George Odunga directed the matter to be heard on 14 of December.

NAIROBI COUNTY OFFICIAL ACCUSED OF SOLICITING BRIBES.

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Nairobi county government accountant lll Dennis Paul Manoti who not guilty to soliciting 6 million shillings from Ramesh Chadra Govin at Milimani Law Court on Thursday December 8,2017.
BY SAM ALFAN.

An accountants at the Nairobi county government has pleaded not guilty to soliciting 6 million shillings from Ramesh Chadra Govin .

It alleged that Dennis Paul Manoti committed the offence on the 28th of last month at City hall within Nairobi County.

The prosecution alleged that Manoti corruptly

solicited for the 6 million shillings so as to facilitate transfer charges of LR number 20273 from Sigma Limited to Taj Mall Limited.

Mention on 23 of December.He faces two other similar counts.

He appeared before Anti corruption magistrate Lawrence Mogambi and was released on a cash bail of 250,000 shillings.

MAN ARRESTED FOR AIDING A RAID ON A POLICE POST TO REMAIN IN CUSTODY.

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Mohamed Were Chiteri being suspected to be among criminals who attacked Booker Police Post before Nairobi Court on Wednesday December 7,2016.
BY SAM ALFAN.
Mohamed Were Chiteri believed to be connected with suspects who attacked and robbed Booker Police post in Mumias Sub County of Kakamega on the 23rd of last month has been detained in police custody for four days to allow police complete investigations.

Chiteri was arrested on Tuesday within Mombasa County and was escorted to Anti-terrorism police unit in Mombasa and then booked at Makupa Police station.

According to investigating Officer Joseph Mwiti, Chiteri was escorted to anti-terrorism police unit headquarters Nairobi on Wednesday.

The court was told that the suspect is believed to have travelled to Mombasa recently after the commission of the offence and could not satisfactory explain what he was doing in Mombasa.

“There is need to contact mobile subscribers to obtain mobile phones data to establish his link with robbers who attacked the said police post, “argued the prosecution.

The court was told that his release from custody may jeopardize investigations.

ATPU applied for Chiteri to be remanded saying that it needs time to conduct further investigations and contact DCIO Mumias who is investigating officer of the booker Police post case.

Nairobi Duty Resident Magistrate Hellen Onkwani that the matter be mentioned Monday next week.

Last week unknown people raided Booker Police Post in Mumias, Kakamega County and stole guns and bullets.

‘WE WILL NOT LEAVE THE ICC’ GAMBIA PRESIDENT ELECT SAY’S.

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Gambia President elect Adama Barrow.

BY DW.COM

In an interview with DW, The Gambia’s President-elect Adama Barrow says his country will remain part of the International Criminal Court. He also promises investigations into human rights abuses.

DW: Was it a surprise for you that President Yahya Jammeh was so quick to admit defeat after 22 years in power and called to congratulate you?

Adama Barrow: It was not a surprise. The Gambian people have spoken. When the population speaks, you have to listen. Power belongs to the people. On that note, we thank President Yammeh for taking this bold decision.

You’ll assume office in January. What is top of your agenda?

Before you start working, you have to get your men in place. I have to get my cabinet in place and then work will start. In Gambia, everything is a priority at the moment. You have to overhaul almost everything: the economy, the infrastructure, the judiciary, the media. These are all things we have to look at. But as of now, our top priority is to get our cabinet in place and make sure we get the right people.

President Jammeh has been in power for 22 years. There have been a lot of human rights violations in the past which you also criticized. Many of your fellow opposition members are still in prison. Are you going to prosecute the current president?

Incumbent president Jammeh’s government has been accused of gross human rights violations

We contested the election on the principle that we wanted change. That change has happened. We do not have anything personal against anybody. But when we take office, we will investigate most of the things that have taken place in this country. When we get our final report, we will act based on that. But we answer everybody: justice will be for all. We will follow due process, nobody should fear anything. We will bring in good laws that will guide everybody.

There have already been calls for a truth and reconciliation commission. What do you think of this idea?

That is part of what we want to happen in this country. There was one in South Africa after apartheid and you have to learn from other countries. I think we will set up something like that to get to the bottom of every truth. Then afterwards we will see what’s best and which action Gambia should take based on that.

When we talked the last time, you said one of your first steps would be to release political prisoners. When will they be free?

We are already working on that. We are making a request for that to happen under the current government. I think that will be the first step towards reconciliation. That will be a good package. As you are leaving office, you are leaving a very good trademark. It’s better to do it now than later. That’s my advice to the government.

President Jammeh left the Commonwealth, he wants to leave the International Criminal Court and he declared the country an Islamic republic. Are you going to change these decisions?

These decisions will change. We will come back to the Commonwealth. We will be part of all international organizations. Gambia needs the international [organizations]. Gambia is a small country, we cannot afford to be isolated. There is no need for us to leave the ICC. The ICC is advocating for good governance. That is our principle. We are already part of the ICC. We will not leave. That is not possible.

What about the Islamic republic?

[There is] no Islamic republic, this is a secular state. We will leave it as it is. Other people are Christians. Others believe in other religions. We will allow it. We just want peace in this country, that is all. We want to move on.

MAN ACCUSED OF DESTROYING MILLIONS IN WESTLANDS ARRAIGNED IN COURT.

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Businessman Francis Nyaga Njeru alleged to have demolished of the Kurji family in wetlands at Milimani Law courts on Wednesday December 7,2016.

BY SAM ALFAN.

A businessman alleged to have demolished a Sh55 million house owned an elderly couple in Westlands, Nairobi, will be charged on Friday.

Francis Nyaga Njeru appeared in court Wednesday and was released on cash bail of Sh300,000 so could appear before the National Land Commission to defend his ownership of the property, which he allegedly pulled down on Sunday.

Prosecutor Lindsy Mugambi sought to have Mr Njeru detained for 7 days to complete investigations and prefer charges against him.

The magistrate however declined to grant the prosecution request on the basis that they improperly served the court documents in that they had no signatures and that there were no proper reasons before court to detain him.

Prosecution accuses Njeru of hiring goons who demolished a house whose lease had expired and claimed it had changed ownership.

Njeru however through his lawyer Michael Osundwa told court that he is set to appear before National Lands Commission for a review of the land dispute.

In her application, Ms Mugambi had sought to have Njeru placed in custody for seven days to enable investigators conduct a thorough search at the Lands Registry for the real owner.

“I urge this court to order Njeru be remanded at Muthaiga Police Station for investigators to piece together evidence about the ownership,” Ms Mugambi urged.

“The property worth Sh55 million which was pulled down using bulldozers…has been the home of Mr Nazmudin Kurji, 73 and his wife Parin Kurji, 70, for 40 years,” she added.

However, defence lawyer Michael Osundwa opposed the request saying, “there is no formal application filed in court.”

Mr Osundwa said notice of motion has not been formally filed in court filed by the Police.

“There isn’t a binding legal application before this court to urging the detention of Mr Njeru. I plead you discharge him,” said Mr Osundwa.

The magistrate rejected the defence plea saying “this matter is in the public domain or of great public interest.”

However she released the suspect on bond to await Mr Njeru’s indictment for malicious damage to property and for demolition charges to be formally filed in court.

The case is due on December 9 for plea talking.

On Sunday, the Kurji family was forcefully evicted from their home by a group of men armed with machetes and clubs.

They only managed to salvage some items before a bulldozer flattened their home.

Jameeta Kurji told the media that the family has owned the piece of land since 1972.

She said two brothers, Nazmudin and Sadrudin, built a duplex – two houses separated by a wall – on the parcel that year.

“Since the death of Sadrudin, the house was occupied by my father, Nazmudin, and mother Parin, and my other sibling,” she said.

The National Lands Commission and the police had launched investigations to establish the ownership of the disputed piece of land.

The NLC intends to review the grants and will on Friday morning hold public hearings for the property.

All the parties are required to produce at least six document to support ownership including letter of allotment, receipt of payment, deed plans, leases and title deeds.

Njeru had told the investigators that he applied for lease in 2008 in a letter dated December 18, 2008 to the Commissioner of Lands.

 

 

STRIKING DOCTORS MUST APPEAR IN COURT ON TUESDAY TO TRY RESOLVING A PAY DISPUTE.

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Kenya Medical Practitioner Pharmacists and Dentist Union secretary General Dr Ouma Oluga and union National Chairman Dr. Oroko Samuel talking to journalist outside Milimani law courts on Tuesday 21 July, 2015.

BY SAM ALFAN.

Employment and labor relations court has directed striking doctors must appear in court on Tuesday next week to try resolve a pay rise dispute that has paralysed health services countrywide.

Judge Hellen Wasilwa also directed Kilimani OCS to assist in serving the officials with the orders.

The directions were issued after the council of governors moved to court against Kenya medical Practitioners, Pharmacists and Dental Union and its officials.

In a certificate of urgency the council of governors argued that the medical practitioners have proceeded to go on unlawful and unprotected strike thereby gravely affecting the health and wellbeing of patients.

“Unless the unlawful strike is stopped by this court thereby irreparably harm to the people who are in need of Medicare, “reads court documents.

The petitioners asked the court to commit the officials to civil jail for 6 months.

Those named in the petition include the chairman of the union Samuel Oroko Obegi among other officials.

Last Friday Justice Nelson Abuodha temporarily stopped the nationwide strike by doctors and nurses.