Lawyer Cliff Ombeta with police officer Titus Musila, alias Katitu who is alleged to have killed Kenneth Kimani and Oscar Muchoki in September 2014 outside Milimani law court’s on Tuesday October 11, 2016(PHOTO BY SAM ALFAN).

BY SAM ALFAN.

The prosecution has closed its case against a Githurai police officer charged with the murder of two brothers two years ago.

According to the prosecution, police officer Titus Musila, alias Katitu is alleged to have killed Kenneth Kimani and Oscar Muchoki in September, 2014.

Out of 22 witnesses only 18 stood at the witness dock to testify against Mr Katitu.

The court heard those two witnesses, the mother and sister to the deceased are in Norway and attempts to have them testify in the case have been futile.

State prosecutor Catherine Mwaniki said that the statements of the two cannot be produced in court since they were not present during the incident adding that they were just informed.

“Evidence produced in court by the 18 prosecution witnesses is sufficient to stand in for the two witnesses who are in Norway,” Ms Mwaniki.

The defense however insists that the two witnesses are key in the case since they will help them know the characters of the two deceased persons.

The defense case is that the two brothers were thieves who used to terrorize people in Githurai 45, Zimmerman and Githurai Kimbo.  The defense further claims that Mr Kimani was shot dead after he snatched a phone from a passenger who was in a matatu.

The court will make its ruling on November 3, this year on whether the two will testify or not.

Constable Katitu’s arrest and prosecution provoked a three-day protest on the Thika Superhighway by residents, who demanded his immediate and unconditional release.

Orange Democratic Movement (ODM) lawyer James Orengo making submissions during the hearing of an application seeking Sh5 billion from the Registrar of Political Parties.

BY SAM ALFAN.

Orange Democratic Movement (ODM) has filed an application seeking Sh5 billion from the Registrar of Political Parties and the Treasury.

ODM has in the court papers claimed that the Registrar of Political Parties and the Treasury have acted unprocedurally by failing to consult, inform or give any reasons for not disbursing or distributing all the funds expected to be distributed to the political parties entitled to receive funding from the Political Parties Fund.

The party claims that it has been unable to undertake its core mandate to achieve its objectives because of underfunding.

“The next general election is barely a year away and ODM’s ability to prepare and participate meaningfully and effectively is greatly affected by the lack of funding,” the party through its lawyer James Orengo argues.

The party through its Executive Director Oduor Ong’wen, said that it had a legitimate expectation that it shall receive all the funds due to it from the Political Parties Fund.

“Following the results of the last General Election held in 2013, ODM is one of the three parties that are entitled to receive proportionate funding from the Political Parties Fund having met the criteria established under the Act,” Mr Ong’wen.

He said ODM is entitled to receive at least 40 percent of the funds to be distributed to political parties from the Political Parties Fund.

The party says it has not received any amount and wants the court to compel the Registrar of Political Parties and Treasury to disburse the sum of 5,109,564,700, since the fund was established.

Jubilee Party, National Alliance Party and United Republican Party have been named as interested parties.

Terror suspect Allin Abdigan a doctor attached at Malindi General Hospital who is suspected to to a member of cartel of terror gang suspected of planning to launch a terror attack through anthrax attacks at Milimani law court on Monday October 10, 2016.

BY SAM ALFAN.

A Nairobi court has detained a terror suspect linked to ISIS for three days to allow police complete investigations.

Senior Principal magistrate P.M. Mugure allowed police to continue holding Allin Abdigan,a doctor attached at Malindi General Hospital who is suspected to be part of a cartel of terror gang suspected of planning to launch a terror attack through anthrax attacks in the country.

The prosecution told the court that that the doctor is alleged to be involved in several terror activities and police need more time to complete investigation into the matter.

The court heard that the suspect was arrested on October 7 in Malindi sub-county hospital before being flown to Nairobi to Anti- Terrorism Police Unit and police needed more time to investigate his phone and other crucial materials before pressing terrorism related charges against him.

The court was told that police need more time to complete investigation into the matter saying that the accused was arrested in Malindi and need more time to investigate his phone and other crucial materials before pressing terrorism related charges.

The investigator further alleges that the suspect had been on the run since August, when two interns at the hospital were arrested over alleged links with a terrorist group.

The matter will be mentioned on October 13 for further directions.

Lawyer Ham Lagat with Felix Kiprono Mategei  with who moved to court seeking Professor Henry Thairu resignation as the Chairman of Commission for University Education at Milimani law courts (FILE PHOTO)

BY SAM ALFAN.

Professor Henry Moses Thairu has succumbed to pressure to exit Commission for University Education.

Nairobi Times has learnt the professor has tendered his resignation as the Chairman of Commission for University Education.

In his letter seen by Nairobi TIMES dated 6^th October 2016 addressed to Education Cabinet Secretary Fred Matiangi says he has obeyed the court order issued on 30^th of September by the High Court.

“Following the Court order issued on 30^th September 2016, by the High Court of Kenya, I hereby submit my letter of resignation as Chairman Commission for University Education with immediate effect “says Proffer in his letter.

Lawyer Ham lagat who was for petitioner Felix Kiprono welcomed Prof Thairu terming the decision as proper.

“The resignation is proper. He has obeyed a court order and bowed out honourable..“ The consequence could be much harsh if he wouldn’t have resigned” law Lagat told Nairobi TIMES.

Lawyer Felix Kiprono who moved to court seeking High court to compel Professor Henry Thairu to resign as the Chairman of Commission for University Education welcomed Thairu decision.

“It heralds a good jurisprudence and good precedent to our public service” the locus classicus in the case is that there was connivance and conflict of interest by the said Prof Henry Moses Thairu” said lawyer Felix Kiprono.

High Court has ordered Professor Henry Thairu to resign as the Chairman of Commission for University Education on 30^th September.

Justice Joseph Onguto directed Mr Thairu to resign with 10 days.

“The respondent shall within 10days of the date of this order being served upon him or the commission for University Education formally tenders his resignation from the position of lecturer and employee of Kenyatta University and any of its units including the Kenyatta University Consultancy Services Unit or as a chairperson of the Commission for University Commission” court ordered.

He was directed to file his resignation letter in court and with the Deputy Registrar within seven of the date of resignation.

The judge further ordered failure by Professor Henry Thairu tender his resignation as ordered by the court, his appointment as the chairperson of the Commission for University Education shall stand deemed null and void.

The commission was ordered to commence the process of appointing another chairperson of the Commission for University Education after Professor Henry exit.

Mr Onguto issued the orders on Friday following an application by lawyer Felix Mategei  accusing the professor of holding two public offices against the constitution as he was serving as a lecturer  at Thikaroad based University.

City Lawyer Felix Kiprono Mategei through his lawyer Ham Lagat told the court Thairu served the Commission for University Education while being a lecturer at Kenyatta University.

“Holding two offices at the CUE and KUSCSU was contrary to Article 73 of the constitution and that Prof Thairu has failed the test under leadership and integrity” argued Lagat

Arguing there was conflict of interest, the lawyer said Thairu was likely to be biased.

The judge also directed the chairman to file a compliance letter confirming his orders with the High Court Registrar.

Former Information permanent secretary Bitange Ndemo before Nairobi Anti-Corruption where he is was charged with the offense of willful failure to comply with procurement laws, abuse of office, stealing and conspiracy to commit a felony (FILE PHOTO).

BY SAM ALFAN.

High Court has stopped the prosecution of former Information permanent secretary Bitange Ndemo in the Sh179 million cases involving the purchase of Konza City land.

Justice Roselyn Aburil ruled that charges against Mr Ndemo were an abuse of the court process and discriminative.

The learned judge further concurred with Ndemo that he was used as a sacrificial lamb to shield the real suspects.

The former PS had moved in the High Court in April to stop his prosecution, claiming that it was based on malicious intent.

He had also argued that he was charged based on information found after the Director of Public Prosecutions had closed his file.

But the DPP had opposed his application claiming that evidence gathered proves that Ndemo fraudulently benefited from the illegal transaction.

Dr Ndemo was charged with the offense of wilful failure to comply with procurement laws, abuse of office, stealing and conspiracy to commit a felony.

Justice Aburili was told that it was clear from his statements and police investigations on the role he played in the transaction that he knew was unlawful and irregular.

He had denied charges of willful failure to comply with procurement laws, abuse of office, stealing and conspiracy to commit a felony in September 2014.

The offences were allegedly committed on June 7th 2009 at Teleposta through the signing of an agreement for the purchase of 5,000 acres from Malili Ranch Limited.

The former PS was accused alongside Machakos Senator Johnstone Muthama, former Lands Commissioner Zablon Agwata, Malili directors Julius Kilonza, Julius Nzioku and the National Police Service Commissioner Ronald Musengi.