BY SAM ALFAN.

Foreign investors can now enjoy some peaceful time during this Christmas after the court restored orders stopping the sale of 2000 acres of land they own near Tatu City.

The land, worth Sh10billion, is within the Kofinaf coffee estates and not part of the Tatu City urban development project.

Commercial Court Judge Francis Tuiyot ruled it was in the interest of all the warring parties to preserve the properties in Kiambu County at the centre of an acrimonious fall-out between the foreign and local partners.

Justice Charles Kariuki had issued conservatory orders on March 24.

The sanctions, which were first imposed against the group allied to former Central Bank of Kenya (CBK) Governor Nahashon Nyagah and industrialist Vimal Shah on May 12, 2015, will remain in force pending the outcome of the suit.

The international investors have accused Kenyan minority partners Nyagah and Shah of attempting to alienate and sell the land in Kiambu County to interested parties in a deliberate attempt to swindle them before the ownership dispute is heard and determined.

Senior Counsel Ahmednassir Abdullahi, who represented Kofinaf Company Ltd, had argued before that the properties were at risk of being off-loaded to prospective buyers, and the foreign investors were likely to suffer great financial loss.

The conservatory orders had lapsed on March 15 when the matter was mentioned before the Deputy Registrar without the knowledge of representatives of the international businessmen.

They had protested about the likelihood of the property changing hands illegally.

The investors say they had already sold the prime land to a local developer-Daykio Plantations-but have been unable to transfer ownership upon discovery that their local rivals had unlawfully secured possession of the property through Purple Saturn Properties Ltd.

Lawyer Nelson Havi, who is representing the Nyagah group, claimed that the suit was withdrawn and the injunction had paralysed the operations of the firms involved in the project.

The matter will be heard on March 1.

BY SAM ALFAN.

The composition of President Kenyatta’s Cabinet does not meet the two third gender rule, a court has found.

Moments after making the ruling, Justice Joseph Onguto suspended the enforcement of the judgment for a period of eight months.

He also directed that after the 2017 General Election, the President should observe the two thirds gender rule.

He further noted that disbanding the current Cabinet will create unnecessary issues in the country since the country is already in election mood.

Centre for Rights Education and Awareness and the National Women’s Steering Committee Chairperson Marilyn Muthoni Kamuru said there was no gender balance in the cabinet.

Lawyers Waikwa Nyoike and Harun Ndubi told Justice Onguto that the Cabinet only has only five women, thus violating the two thirds gender rule.

BY SAM ALFAN.
A flamboyant city lawyer Peter Manyonge Wanyama now wants the court to stay the implementation of the practice Directions for the Anti corruption and Economic Crimes Division of the high court.

He says that the directions to have all Anticorruption cases heard in Nairobi was not approved by parliament in accordance with section 5,7 and 8 of the statutory Instruments act 2013.

The new practice rules were not circulated to the Law Society of Kenya and other public consumers of justice for their input before publication.

Last Friday Chief Justice David Maraga published in the Daily Nation and the Kenya Gazette no. 10263 a notification of the practice Directions for the Anti-corruption and Economic Crimes Division of the High court.

Those named as respondents in the case include the chief justice and Attorney General.

Wanyama says that directions that all petitions relating to corruption shall be filed at Nairobi is illegal since there was no public participation.

“Article 6 (3) of the constitution requires every state organ including the courts to decentralized and provide services in all parts of the republic,” argues Wanyama.

Last Thursday CJ David Maraga launched the anti-corruption and Economic Crimes Division courts and directed that all review applications will be heard and determined by the court sitting in Nairobi within a period of one month.

Mombasa Governor Hassan Joho and his Kilifi counterpart Amason Kingi  who are alleged to be facing harassment and intimidation by the government at Milimani law courts on March 24, 2016.

BY SAM ALFAN.

The High court has quashed the decision by Firearm Licensing officer to withdraw Mombasa Governor Ali Hassan Joho firearm.

“I quash the decision by Firearm Licensing officer dated 10 March 2016 purporting to revoke the firearm,firearm certificate No 4773 and firearms namely rifle 375S/No.G1015273, Pistols S/No.CHH692 and VFR 84 and all ammunition” ruled Odunga.

Justice Odunga also prohibited Cabinet Secretary for Interior Interior and Co-ordination on National Government Joseph Nkaiserry from harassing the governor.

“I prohibit the interior cabinet secretary in any whatsoever from directing ,continuing to direct and harassing or continuing to harass the Mombasa governor Hassan Joho by himself ,his agent,servants or assigns on the basis of the decision of  Firearm Licensing officer” ordered Odunga J.

However Justice Odunga said firearm is not a symbol of power and should not be issued to those who simply want to use to intimidate other members of the society or to throw weights around.

He said those who abuse the privilege to have firearm, their licence should be withdrawn before the society  is exposed to the perils  and vagaries of firearm abuse but should be done according to the law.

Mr Joho got a temporary reprieve on Monday, March 15, 2016 with the High court suspending a decision by the Chief Licensing Officer requiring him to surrender

.Justice George Odunga directed that Joho’s firearms shall not be confiscated and he shall not be arrested and or charged over the same.

In a brief ruling, Judge Odunga stated that the power to cancel the license is within the licensing firearm board and the act by Interior CS Joseph Nkaiserry to make a decision before Joho’s appeal was determined was an illegality and a breach to the right for a fair hearing.

The court further stopped his arrest and recovery of his firearm by the police.

“That the grant of leave herein shall operate as a stay of the decision revoking the applicant firearms licence as well as confiscating his firearms and the consequential decision to charge him for failure to comply with the orders of the respondents pending further orders of this court”. Ordered Odunga.

Governors Joho close friend Dennis Musota was among top lawyers who appeared for the ODM Deputy party Leader.

Through his lawyer, James Orengo the governor told the court that he has been a holder of a licensed firearm certificate since 18 June 2008 and for the entire period of 8 years from the date of issuance of the certificate, he has never breached the conditions specified under the certificate and neither has he engaged in arbitrary misuse of his firearms.

The lawyer explained that the governor has never been notified of any intention to revoke his firearm certificate and neither has he been informed that he has suffered any disability to vitiate his ability to hold a firearm certificate.

He said that he only came to learn of the revocation through the media, and out of caution, he proceeded to the Mombasa regional police commander to verify whether the directive was true whereupon the police regional commander denied knowledge of such a directive.

However, he received a letter on March 10, from the Chief Licensing officer informing him of the said revocation and directing him to surrender the firearm certificate forthwith to the Police Commander.

BY SAM ALFAN.

A senior advocate who defended a court of appeal judge accused of attempted murder has been charged with stealing 10milion.

Lawyer Daniel Peter Kinyanjuu is accused on 13 of June 2016 at Barclays Bank plaza  Corporate Service Center in Nairobi jointly with others stole cash 10million property of Barclay’s Bank.

Mr Kinyanjui is also facing another count of handling stolen property.

He is being accused on 13 June at Consolidated Bank Koinange street in the course of stealing,dishonestly received 10million in account no 0120050482900 of D.P Kinyanjui and Co domiciled at Consolidated Bank knowing or having reason to believe them to be stolen money.

His Lawyer Wadugi Kiraithe urged the court to release Kinyanjui on a personal on grounds that he’s man of no means.

“My client is sickly and cannot afford to raise the cash bail. I urge the court to release him on personal bond” submitted Wadubi.

He said Kinyanjui has been for a while not performing his duties as a lawyer due to his health.

He pleaded not guilty to all charges and was released on a cash bail of 200,000 and a bond of 1miilion.

Prosecution said it was not opposed to the lawyer being released on bond but urged the court not to grant him the personal bond due to the nature of the offence.

She said the prosecution will consolidate Kinyanjui’s case with another pending before same court.

The magistrate Joyce Gandani directed prosecution to supply defence with all documents and exhibits the prosecution seeks to rely on.

BY SAM ALFAN.
The office of Ombudsman has been given 14 days to respond to embattled None Governmental Organization (NGO) board chairman Yusuf Fazul petition.

This is after the respondents, Commission on Administrative Justice asked for time to respond to the petition. In the case Fazul filed an application in court seeking the suspension of the investigative report by CAJ.

Already there temporary orders were issued stopping the implementation of the Ombudsman’s report on Fazul. The Ombudsman’s office was looking into allegations of forgery, falsification of academic documents and abuse of power against Mohamed.

The CAJ report recommended that the embattled executive director of the NGOs Coordination Board should be fired immediately and barred from holding public office on grounds that he was hired without relevant academic documents. Fazul, 29, was reinstated into his job after Devolution Cabinet Secretary Mwangi Kiunjuri sent him on compulsory leave to look into his appointment and dissolved the board.

Justice George Odunga has put on hold the implementation of the Ombudsman’s report on NGOs board chairman Yusuf Fazul’s academic documents.

The NGOs Coordination Board chairman had filed an application in court seeking the suspension of the investigative report.

Mahamed said that the court issued orders on October 27, stopping the office from investigating him and publishing the report.

He said the commission instead circulated the report which requires action against him, including terminating his employment and advertising his job.

The matter will be heard on the 8th of February this year.