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KENYA POWER SHOULD NOT EXTEND ITS BOSS’ BEN CHUMO’s TENURE.

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Kenya Power Lighting and Company Chief Executive Office Ben Chumo.
BY SAM ALFAN.

Employment and Labor relations court has issued temporary orders prohibiting Kenya Power and Lighting Company and CS ministry of Energy and Petroleum considering renewal the tenure of Kenya Power Lighting and Company Chief Executive Office Ben Chumo tenure.

Justice Nelson Abuodha further directed that the application be served on the respondents for inter-parties hearing on December 3rd this year.

In a court documents filed, activist Okiya Omutata claims that Ben  Chumo having been born on 11th July 1956, he ought  to have vacated office on 11th July 2016, upon attaining the government’s mandatory retirement age of 60 years.

He further states that vide a letter dated 12th June 2016, addressed to the Board of Directors of Kenya Power, Chumo applied for the renewal of his contract, to serve for a further term of three (3) years, with effect from 7th January 2017.

“The Petitioner is praying for orders declaring the impugned extension of service to be inconsistent with the Constitution and other laws of Kenya and, therefore, null and void,” he argues.

Omutatah argues that the Public Service Commission has no capacity under the law to allow the Board to act contrary to the law.

 

HARAKHE TO KNOW FATE OF PROSECUTION TOMORROW.

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Lawyer Rogers Sagana for former National Youth Service (NYS) deputy director general Adan Harakhe submitting during the hearing of Ethics and Anti-Corruption Commission (EACC) seeking orders blocking prosecution of Harakhe lifted at Milimani Law Courts on Tuesday November 22.2016.
BY SAM ALFAN.
The anti-graft body wants orders issued stopping the arrest and prosecution of former National Youth Service (NYS) deputy director general Adan Harakhe lifted.

According to the Ethics and Anti-Corruption Commission (EACC), it has gathered sufficient evidence to prove a case against Mr Harakhe, and the intended prosecution is not motivated by malice.

The Commission Tuesday  told Justice Hedwig Ong’udi of the anti-corruption and economic crimes division of the High Court, that Mr Harakhe has failed to demonstrate that in conducting investigations and arriving at a decision to prosecute him, EACC and the Director of Public Prosecutions (DPP) abused their powers.

Mr Harakhe had last week filed an urgent application at the High Court and obtained temporary orders stopping his prosecution. He claimed the intended prosecution is motivated by malice.

However, the EACC yesterday told the court that, “Mr Harakhe has failed to demonstrate that the intended prosecution is actuated by ulterior motive or malice or is otherwise an abuse of the legal process. The intended prosecution has a factual foundation and is based on evidence.”

The former NYS deputy director general argues that the intended criminal charges arise out of an approved restricted tender for supply and delivery of specialized Plant Equipment and Machinery, for training material by the NYS under the Ministry of Devolution and Planning.

“I am being charged at the behest of EACC in an effort to intimidate, coerce and pressure Me into conceding to a graft case pending before the anti-corruption court,” Mr Harakhe in his court papers.

He claims, the intended prosecution by the DPP is a witch hunt mission against him, and meant to unduly harass and embarrass him.

Mr Harakhe was to be charged with 23 other suspects, who had been released on bond by EACC and directed to appear before the anti-corruption court.

The EACC said that an investigator only needs to establish reasonable suspicion to prefer charges and it is for the trial court to make a finding as to whether a crime has been committed or not, after viewing the evidence.

Temporary orders stopping prosecution have been issued by the High Court in 18 other cases involving individuals over corruption related offences.

A ruling on whether to lift the orders stopping Mr Harakhe’s prosecution will be delivered on November 24.

WOMAN IN ‘CHILD THEFT’ DETAINED FOR THREE DAYS.

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MP LEMPURKEL DENYS ASSAULTING NOMINATED FEMALE MP.

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Laikipia North Member of Parliament Mathew Lempurkel pleaded not guilty at Nairobi Magistrate Court on Wednesday 23.2016.

BY SAM ALFAN.

Laikipia North Member of Parliament Mathew Lempurkel has been released on a Cash bail of 100,000 shillings.

It is alleged that on 21 of November 2016 at Harambee house in Nairobi willfully and unlawfully assaulted Nominated member if Parliament Sarah Lorene by slapping her on the left cheek .

The prosecution further claims that the accused kicked Lorene on the lower abdomen occasioning her actual bodily harm.

He was arraigned in court this morning after spending night at parliament police station.

It is alleged that the offence was committed at the office of Interior Cabinet Secretary Joseph Nkaissery office.

An application by His lawyer Saitabao Ole Kanchory to postpone the plea along was dismissed by the court.
Saitabao submitted that the charges against his client were malicious.

“The charge is manifestly illegal and abuse of court process,” argued Saitabao.

An application that was opposed by the prosecution.

State Counsel Daniel Karuri said that the charges against the legislator are proper before the court.

“Charges before this court are not malicious,are not brought in bad faith or to embarrass the accused as it’s being alleged “submitted Prosecution.

Mr Karimi requested the court to compel the accused not to interfere with witness on the ongoing investigations regarding the matter.

“The court should consider the right of victim in this case”said Karuri.

The cause of the fight between Lempurkel and Lekorere has not been established but the latter claimed her counterpart confronted her wanting to know what they discussed with Nkaissery.

The two have been disagreeing over how to handle the invasion of Laikipia by Samburu pastoralists from the north.

Six female legislators piled pressure on the government for Lempurkel’s prosecution, saying he should not have sent Lekorere an abusive message and that women should be respected.

The MPs condemned Lempurkel for sending the message, asking Lekorere to withdraw the assault case, quit politics and drop her political ambition for the Laikipia North seat in 2017.

Among them were Rachel Shebesh (Nairobi woman representative), Naomi Shabaan (Taveta), Rachel Nyamae (Kitui South), Maison Leshomo (Nominated), Regina Ndambuki (Kilome) and Joyce Lay (Taita Taveta woman representative).

The MP was rearrested later at Milimani law courts basement cells.

UGANDAN FARMERS PRAISE UN REPORT CITING FLAWS WITH BIDCO.

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Bidco Limited Chief Executive Officer Vimal Shah.

By AFRICA NEWSROOM.
KAMPALA, Uganda, November 22, 2016/APO/ —
Embattled Ugandan farmers fighting threats and land grabbing by Bidco have praised a draft report by U.N. investigators that calls into question the company’s business practices.
The report is the result of a complaint by the Bugala Farmers Association to the U.N.’s Social and Environmental Compliance Unit (SECU).
The report can be found on the following link: APO.af/cWkh3e
In the complaint, the farmers stated that the United Nations had not performed sufficient due diligence on Bidco before inviting it to join Business Call to Action, which is part of the United Nations Development Programme (UNDP). The farmers provided evidence that Bidco has engaged in human rights, labour and environmental violations in the Kalangala District of Bugala Island, Lake Victoria, Uganda, where Bidco has grabbed land from smallholder farmers and cut down over 18,000 acres of rainforest to make way for a large-scale palm oil business.
The U.N. investigators found fault with the decision to invite Bidco into partnership with UNDP: “After the fieldwork and additional research, SECU concluded that the processes employed by UNDP for admission of Bidco were not consistent with UNDP policies.”
The report acknowledges that a partnership with Bidco “could adversely damage UNDP’s reputation and the communities it seeks to help”, and Bidco’s activities “may be considered risky”.
Kenya-based Bidco has tried to distance itself from the allegations of land grabbing and environmental destruction in Uganda, but the UNDP investigators found there is a clear link between the company’s corporate structure, overseen by CEO Vimal Shah, and operations in Uganda.
The investigators also determined that Bidco’s claim of not being involved in land acquisition in Uganda is not accurate. Bidco “knew of, relied on, and encouraged the purchase (of land) by the government.” Bidco Uganda also was “engaged in decisions and discussions related to the purchase,” the report says.
John Muyisa, a representative of the Bugala Farmers Association, commended the work of the U.N. investigators, who visited remote Kalangala District as part of their research.
“We are very pleased that the United Nations has performed an objective evaluation of its internal processes and determined that it is risky to partner with Bidco. The United Nations is a globally admired organisation, and it is absolutely correct that, as the report says, ‘Communities should be empowered’ and not be trodden upon by predator corporations like Bidco.”
In light of the report’s findings, the Bugala Farmers Association has called on the United Nations to terminate its partnership with Bidco.
Any member of the public can comment on the U.N. draft report until 7 December. The report can be found on the following link: APO.af/cWkh3e

DEPUTY CHEF-DE-MISSION TO RIO 2016 OLYMPICS ARRESTED WITH KITS DETAINED.

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Ben Ekumbo before Nairobi Magistrate Court during the hearing of a miscellaneous application seeking to detain him to allow police complete investigations on Tuesday November 22.2016 (PHOTO BY NT).

BY SAM ALFAN.

Deputy Chef-de-Mission for Rio 2016 Olympics, Ben Ekumbo will detained for three days pending investigations, a Nairobi court has ordered.

He was produced in court Tuesday morning after spending the night cold, when police applied to detain him for seven days pending the conclusion of investigations.

State Prosecutor Eddie Kadebe said the police want to conduct thorough investigations into the case as the kits scandal had tainted Kenya’s image.

He said President Uhuru Kenyatta had called for investigations to establish who messed up with Team Kenya’s preparations and caused the loss of money intended for the games.

Mr Ekumbo opposed the application, saying he is diabetic and was also preparing the country’s swimming team for an international championship.

Ekumbo was arrested by detectives at his apartment in Westlands, Nairobi on Monday. Boxes containing shoes track suits and bags were recovered.

The officers were armed with a search warrant when they arrived at the house.

Police said the raid was part of the their investigations into the Rio games scandal.

Ekumbo was questioned in his house during the afternoon operation as officers loaded the kits, including running and swimming gear, into their vehicle.

Read: Kenyan officials “embezzled money meant for Rio team” – State report

In September, a Team Kenya athletics official was linked with the disappearance of assorted kits meant to be used by the country’s Olympic team in Rio.

Kithinji Maragara was arraigned before senior principal magistrate Charity Oluoch and was charged with theft.

He was accused of stealing an assortment of kits on July 29 within Nairobi county.

Ekumbo deputized Head of Mission Stephen Soi at the Rio Olympic Games in Brazil that were shrouded in controversy.

IMPLEMENTATION OF NGO REPORT HALTED AS DISPUTE RAGES.

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None Governmental Organizations and Coordination Board (NGOs) chairman Yusuf.

BY SAM ALAN.
High Court has put on hold the implementation of the Ombudsman’s report on NGOs board chairman Yusuf Fail academic documents.
Justice Odunga directed the Ombudsman’s office to file its response ahead of the hearing on December 14.

The NGOs Coordination Board chairman moved to court seeking the suspension of the investigative report.

Mahamed last week 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 Ombudsman has declared NGO coordination board boss Fazul Mohamed unfit to hold public office on grounds that his academic papers are fake.

The agency also wants Fazul compelled to refund over Sh8 million, “being the net salary he has unlawfully earned during his tenure at the board”.

In a report published on Wednesday, the Commission on Administrative Justice also said that the NGOs boss should not be accorded any gratuity.

The proposal comes only weeks after Devolution CS Mwangi Kiunjuri sent Fazul on compulsory leave. The CS also dissolved the entire board.

But on October 24, the High Court has overturned Kiunjuri’s decision to suspend Fazul.

YOU CAN’T SERVE AS CEO OF KENYATTA UNIVERSITY HEALTH CARE SYSTEM, COURT ORDERS X-VC MUGENDA.

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Former Kenyatta University Vice Chancellor Olive Mugenda.
BY SAM ALFAN.
Former Kenyatta University Vice Chancellor, Olive Mugenda will not serve as the CEO Kenyatta University Health Care System Limited.

This is after the high court withdrew her appointment letter dated 4th May 2016.

The court also stopped the unilateral incorporation and registration of the University hospital.

In a consent entered by the parties in the suit, the KU Teaching and Referral Hospital and all its intended affiliate facilities are public assets owned by Kenyatta University and shall be managed according to the constitution of the Universities Act 2012, the Kenyatta University Charter and the Kenyatta University Statutes.

Activist Okiya Omtata under a certificate of urgency, moved to court to bar the council from effecting Mugenda’s appointment as the CEO Kenyatta University Health Care System Limited.

She turned down a lucrative package proposed by the university council, in recognition of her impressive development record.

The benefits included a 10-day holiday to a country of her choice in the company of her spouse or a friend.

Mugenda was also granted a personal vehicle and a retirement home all estimated to cost of Sh22.5 million by the council.

Mugenda retired on March 20, 2016 after a decade at the institution’s helm.

COURT TO VISIT COMPANY IN TAX ROW WITH KRA.

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Patiala Distillers Limited director’s Francis Kiambi alias Matanka Kiambi and Mary Waigwe Muthoni who are facing charges of being in possession of unaccustomed goods at Monomania Law Court’s on Friday November 18,2016.
BY SAM ALFAN.

Two Directors who are charged with being in possession of unaccustomed goods valued at over Sh 9.6 million are now seeking orders to reopen their factory Patiala Distillers Kenya which was closed by Kenya Revenue Authority.

The directors are Francis Kiambi alias Matanka Kiambi and Mary Waigwe Muthoni

In court papers filed on November 18, 2016, Mr Kiamba who is seeking to be elected as Tharaka Nithi Senator in the coming general elections, told the court that he is making a loss of two million shillings a day since the closure of his company.

His lawyer Kiraithe Wandungi told Millimani Chief Resident Magistrate Joyce  Gandani that most of the manufacturing  products in the facility have a short shelve life.

The products include flavors used in manufacture of alcoholic drinks and it’s based in Embakasi area in Nairobi.

“My clients are suffering considerable damages and their incurring a Sh2 million loss a day,” said Wandugi.

However, the court declined to re-open the factory saying it must conduct a visit to the site.

“I am convinced that the accused will not suffer any prejudice if the court visits the facility,” ruled Gandani.

The two director were charged with being in possession of unaccustomed goods valued at over Sh 9.6 million.

They are charged alongside 60 casual labourers who works for their company.
They all denied the charges.

Magistrate Gandani confirmed that the court will visit Patiala Distillers Kenya Ltd based in Embakasi, for purpose of viewing the products kept in the firm.

Kenya Revenue Authority said they are not opposed to opening of the facilities but urged the court to visit the facilities before making any order.

The charge against the two states that on October,18, 2016 at Salford Godowns, within their firm were found in possession of 50 litres of Extra Neutral Spirit with dutiable value of Sh10,150,000.

The matter will be heard on December 15.

 

 

CIVIL SERVANT TO SERVE TWO YEARS JAIL TERM OVER ABUSE OF OFFICE.

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Gabriel Irungu Mburu before Nairobi Anti corruption Court on Friday November 18.2016.
BY SAM ALFAN.

A 57 year old former civil servant has been jailed for two years by the Anti-corruption court after he was found guilty of abuse of Office and failure to comply with tendering regulations.

Gabriel Irungu who was working at City hall as the Nairobi County City Works officer, was accused of using his office to improperly confer a benefit on Mwea Enterprise Limited by authorising the said company to commence works for office refurbishment on March 5, 2012.

He also faced another charge of failing to comply with tendering regulations where he was accused that as a project manager in public service, he wilfully failed to comply with the law, by authorizing Mwea Enterprise limited to commence refurbishment of offices in Embarkment plaza without subjecting the tender to a competitive bidder.

He was given the option of paying a Sh1.4 million fine or serve a two year jail term.

While sentencing him, Senior Principal Magistrate Daniel Ochienja said that no monetary amount was mentioned in the charge sheet, so no taxpayer’s money was lost in the process.

He was a government employee for 30 years

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