A lobby group has filed a petition to the High court to challenge the legality of the Affirmative Action Social Development Fund Act 2015.
The Institute for Social Accountability through lawyer Lempaa Suyiaka , says the Public Finance Management (AASDF) regulations 2015 is unconstitutional has it is aimed at complementing the CDF Act which declared illegal by the court.
The institute through lawyer Lempaa Suyiaka , told high court judge George Odunga that the new Regulations establishes institutions similar to the ones declared unconstitutional on February 20 2015 under the CDF Act saying there exist ulterior motives behind the new regulations.
“ The object and purpose of the regulations is to complement the CDF Act by allowing the 47 women members of parliament to control funds designated for executive functions and which in character are to be administered in the manner that the CDF is administered” said the lawyer .
In order to safeguard public funds the court should consider that are illegal frame work in new regulations.
He wants the court to halt the Treasury CS from releasing monies to any institution created under the Fund pending hearing and determination of the application for judicial review
He says if the application is not heard urgently, the 47 county women representatives will expend public money on unconstitutional purpose and in violation of the rule of law when proper structures, activities and institutions have not been in place.
The lawyer further seeks orders against AASFD board and the Affirmative Action Development County committee from transacting any business until the matter is determined by the court
He says the regulations are unconstitutional as they offend the principal of public finance, division and separation of powers.
According to the lobby group, Parliament has set aside Sh 2,030,000,000 in the financial year 2024/12015.
“I have diligently searched parliamentary and other public records and I have been unable to find any record that the regulations were approved by either the national assembly or the Senate “he says.
He wants a declaration be issued that anybody established by the new regulations is illegal as it is created without the authority of the law and in violation of the constitution.
High court has directed the suit filed by activists Peter Solomon Gichira to stop the implementation of two thirds gender rule until the transgender are included in the directive to be placed before the Chief Justice to appoint a bench to hear the petition.
Justice Odunga the matters raised in the matter are serious constitutional and fundamental issues that needs to be addressed by a bench of three or uneven number of judges.
“This matter is weighty and has implications of law that can be adjudicated by a single judge but the three best placed to make the determination” said Odunga
Peter Solomon Gichira wants the Court to declare that the Two Thirds Gender Rule does not necessarily refer to men and women but includes ‘others’.
In his suit Papers, Gichira argues that the constitution does not define gender as just woman and man but includes hermaphrodites or a third gender.
“It is as a result of the contrived understanding of the term Gender to only mean men and women that a lot of people who could collectively be in the Third Gender Group have ended up being denied enjoyments of their rights as protected in the constitution,” he said.
Gichira added that gender identity disorder is not a disability of any form but in which there is a disparity between a people’s assigned sex and expressed gender identity.
He wants the two gender rule to consider transgender people who haven’t been recognized, yet live in the society.
The two-thirds gender rule is a constitutional requirement stating that no more than two thirds of elective and appointive bodies are composed of the same gender.
Gichira claims that the allocation of the 47 County Seats to Women representatives was on the misconstrued conception that only women are eligible and weak to compete with men in the electoral field.
“A few people should not be left out because they are not seen as male or female but with equal priority with others,” he added.
He said the transgender have suffered severe prejudice and marginalization and their general standing and it was time for their recognition.
Through his Lawyer Gachie Mwanza, Gichira claimed that the National Assembly will move to speed to beat the August 2015 deadline imposed by the court which was in contravention of the rights of the transgender.
“Unless the application is heard and determined, the people for who, the Petition is brought will suffer utmost prejudice and will be locked out from accessing their rights,” said his lawyer Gachie Mwanza.
Gichira Wants the State to make the necessary legal amendments to the constitution for allocation of special seats both Elective and Appointive positions.
Earlier High Court Judge Mumbi Ngugi directed the matter to be placed before Justice Weldon Korir for further directions.
Audrey Mbugua as a interested party on a suit filed by activists Peter Solomon Gichira to stop the implementation of two thirds gender rule until the transgender are included in the directive.
This after Audrey through her lawyer Colbert Ojiambo successfully applied through an oral application that Audrey be enjoined in the suit in which human rights activist Solomon Gachira have filed seeking orders to restrain the A.G from implementing the gender rule as earlier given by the court.
Justice Weldon Korir allowed the application by Audrey and directed the AG to file his response within 21 days.
Justice Korir declined to issues any orders saying the orders sought by the human rights activist Solomon Gachira cannot be granted at this stage.
He told his lawyer the matters raised in the matter are serious and he’s considering to place the matter before the Chief Justice to appoint the three judge bench so the issues of gender can be solved once for long.
Both Attorney General and human rights activist Solomon Gachira did not oppose the application but AG opposing the issuing of any order restraining him from implementing Justice Mumbi Ngugi directive dated June 26 the AG, senate and national assembly are under immense pressure to implement the one third to two third gender representation principle in the national assembly and the senate before August 27.
Earlier Nairobi based civil activist Okiya Omtatah has filed an application seeking to stop the execution a judgment on the two third gender rule.
Omtatah wants the court to suspend the orders of Justice Ngugi Mumbi directing compliance of Supreme Court’s advisory opinion.
He says that advisory opinion by the Supreme Court was an error which could lead to amending the constitution to allow the application of principles of the one third to two third gender representations in the national assembly and the senate.
He argues that the constitution of Kenya 2010 was enacted in the historical context in which provisions implementing the requirement for proportional gender representation which existed in the Bomas and Wako and several harmonized drafts were removed before the constitution was ratified.
Omtatatah submits that with that removal the issue of gender representation became a political and not judicial issue, sayi9ng the court had no jurisdiction to order AG and CIC to comply with Supreme Court advisory opinion on gender balance.
“The court of law has no capacity or jurisdiction to order the re-introduction into the constitution the provisions which the sovereign people themselves rejected” he says
He says the following the advisory opinion and the order of Justice Mumbi dated June 26 the AG, senate and national assembly are under immense pressure to implement the one third to two third gender representation principle in the national assembly and the senate before August 27.
The move taken by the AG, senate and national assembly requires the amendment of the constitution to remove to the political interest which violates the supreme law.
The application by the activist will be placed a duty judge this afternoon for orders and directions.
AG and CIC were taken to court over failure to table the relevant Bills to facilitate the implementation of the two thirds gender rule.
The Centre for Rights Education and Awareness (CREAW) filed an urgent application seeking order to compel the AG and CIC to act as required by the constitution.
According to CREW as it told the court the constitution requires that as a precursor to parliament discharging the obligation, first (AG) and (CIC)ought to prepare the relevant bills for tabling before parliament as soon as reasonably practicable to enable parliament to enact the legislation within the period specified,” the organization through lawyer Judy Thongori stated. Creaw through its executive director Ann Njogu further wanted the court
to declare that the AG and CIC have failed in preparing the bills and a further declaration that their actions are a threat and in violation of the constitution.
“Article 27(8) of the constitution demands that in addition to the measures contemplated in clause (6), the state shall take legislative and other measures to implement the principle that not more than two
thirds of the members of elective or appointed bodies shall be of the same gender,” she pointed out.
Analyst claims Democratic Presidential candidate Hillary Clinton’s email scandal could hurt her bid for the U.S. presidency in 2016, and the question is how much, experts said. The issue has been making headlines in months, yet it’s only recently that the Federal Bureau of Investigation began looking into whether classified information was wrongly handled since Clinton used a private email account and server as state secretary under President Barack Obama. Indeed, it could damage her campaign if the Republican Party successfully craft a narrative that paints a picture of what is, in their opinion, a secretive Clinton who plays by her own rules, experts said. So far, Clinton has made statements that have not helped her, dismissing the issue with humor recently that many deemed inappropriate due to the gravity of the allegations.
While leaving at the end of a recent press conference, Clinton raised her hands high above head and shrugged her shoulders in a gesture to critics, rightly or wrongly, billed as a sign that Clinton believes the scandal is of minimal importance, said the critics. Whether or not Clinton believes the problem will go away, Republicans are sure to use the controversy to their advantage and go on the attack in an effort to gain maximum media exposure on the issue.
“The Republicans will ensure that it will not go away. And as it plays frequently in soundbites and newspaper headlines, the public will not be allowed to forget it,” Harlan Ullman, chairman of the Killowen Group and senior adviser at the Atlantic Council, told Xinhua. Brookings Institution’s senior fellow Darrell West told Xinhua that the email scandal has hurt Clinton. “It has raised old doubts about her honesty and integrity, and this has weakened her favorability numbers,” he said. “How she does depends on whether other Democrats get into the race. If Vice President Joe Biden enters the campaign, that would be a major challenge to her nomination.
That would give Democrats a viable alternative to her if this scandal does not go away,” he added. But the elections are still a year away, and it’s possible that U.S. media will tire of the scandal as the election gets closer and focus more on the excitement and major historic possibility of America electing the first female president. Aside from the email scandal, Clinton is facing challenges from other Democratic candidates.
A Nairobi court has issued a warrant of arrest against two Game warders linked with the shooting dead of a protester during demonstration against the Narok County Governor seven months ago.
Senior principal magistrate Martha Mutuku issued the arrest warrant
for Moses Kuiyoni and Samwel Kishoyan following application by senior
state counsel Daniel Karuri the Director of Public Prosecution has
recommended their prosecution in connection with the shooting.
Karuri informed the court the DPP had earlier instructed Inspector
General Joseph Boinett to arrest and charge the two suspect with the
offence but they have not been arrested.
The magistrate granted the application and issued arrest order against the two suspects. She directed the case to be mention on August 31, for purpose of confirming the arrest.
Nairobi court warned Narok Senator Stephen Ole Ntutu and
four MPs who are under investigations over chaotic demonstrations late
January 2015 to desist from taking part in the alleged another planned
Earlier the DPP dropped incitement to violence charges against
Senator Ntutu and four MPs Johana Ngeno (EmurwaDikir), Moitalel
Kenta (Narok North), Korei Lemein (Narok South) and Patrick Ntutu (Narok West).
The five were discharged after the DPP found no evidence to prosecute them.
The DPP had urged the court to release the five suspects on bond
saying he had received information that chaos had erupted in Narok the
same morning as residents protested the arrest of the politicians.
During the protests, one person was injured while businesses remained
closed as angry youths barricaded roads leading to Narok Town.
The senator says, that bumps and rubbles located at the superhighway at the specific points which are identified as Survey of Kenya are the main cause of traffic jam along the busy road.
Today when the matter came up for hearing, the senator’s lawyer Harrison Kinyanjui, told the court that the congestion complaints of is not capable of being demonstrated on paper by way of affidavit evidence.
He told Justice George Odunga, that the bumps and rubbles strips also spotted at Homeland, Kenya Breweries points; they must be made in such way to pave way for pedestrian to use footbridges along the highway.
The lawyer wants the court to visit the complaint pints for it make a determination on bumps and rubbles strips which should be removed forthwith.
Mr Kinyanjui submitted that the CS, KNHA, Nairobi County Kenya Roads Boards and AG having not replied to the application for judicial review, the court should issue an order directing the removal of the bumps and rubbles strips.
The court heard that the senator will at full hearing of the application demonstrate that he is not merely lodging proceedings for the sake of it, but to the intent that a just and fair decision for the benefit of highway user.
” Upon the court assessing for itself on two points then its discretion can exercised based on actual facts is fully verified by the court as opposed to deciding the matter without the benefit of such evidence” he said.
Kinyanjui said the impact of rubbles trips and bumps can verify at around between 6.30 and 6.30 in the morning in the weekdays.
The court will make a ruling on September 2to determine whether to issue the orders sought by the applicant.
President Salva Kiir has signed a peace deal with the SPLM in opposition ending 20 months of conflict in South Sudan.
The president signed the agreement in the presence of regional heads of state from Kenya, Uganda, Ethiopia and Sudan, plus government officials and other dignitaries.
President Kiir said he had “reservations” about how the mediation was conducted and some of the clauses in the compromise deal. He asked the mediators to consider revisiting, revising and rethinking the peace deal document.
” This is neither a bible, nor a koran, why cant it be revisited?” Kiir asked.
The signing of the agreement is meant to end 20 months of a brutal conflict that would see former vice president Riek Machar return as vice-president.
Riek Machar together with the leader of the G10 signed the deal last week in Addis Abba.
President Kiir however refused to append his signature on grounds that he needed to consult his constituents.
Chairman of Nakuru-based Trusted Society of Human Rights Alliance Elijah Sikona (left) together with the alliance’s treasurer Raphael Maleka peruse through the papers after the high court restrained the Attorney general from forwarding the proposed amendment of public Benefits organization by NGO coordination’s board to the national assembly outside Milimani law courts on Monday 24 August, 2015..
BY SAM ALFAN.
High court has restrained the attorney general from forwarding to the clerk of the national assembly the proposed amendment of public benefit organization by NGO Co-ordination board.
Justice George Odunga, said pending the hearing a determination of the petition filed by Trusted Society of Human Rights Alliance, there should be no action by the AG.
He said that applicants have raised very serious constitutional issues over the composition of the board, which must be determined first.
The judge was told by the applicant’s lawyer Julie Soweto, that there has been no properly constituted NGO board since March 2015, due failure by the CS devolution not publishing the Act to be come operational
She said in the absence of the proper board no amendments can be made and be forwarded to AG.
The judge directed that the application be served and the matter be heard inter parties on September 22.
Senior counsel Gitobu Imanyara, Abdrizak Hussein Shafat who has obtained orders stopping his arrest over terror suspicion.
BY SAM ALFAN.
It’s a reprieve for United Nations High Commission for Refugees (UNHCR) staff Abdrizak Hussein Shafat .
This is after he filed a successful application on Thursday in the high court through his brother Abdikalib Hussein seeking orders restrained police from harassing or arresting him over terror suspicion.
He obtained orders restraining police or any security agents from harassing or intimidating him.
Through lawyer senior counsel Gitobu Imanyara, Abdrizak Hussein Shafat is seeking to bar the Director of Criminal investigations, the Inspector of Police and the Director of Public Prosecution from having him arrested and charged with terror related charges.
Vacation judge, Justice George Odunga directed director of public prosecution Kiriako Tobiko to respond to Abdrizak Hussein Shafat application within 14 days.
Odunga restrained police or their agent not to harass Abdrizak Shafat and in case he is to be arrested he should be released on police bail.
“I hereby issue an order prohibiting the sued parties from arresting, detaining or prosecuting Abdrizak and in the event the police are minded to arrest him, he must be released on police bail of a reasonable amount,” Justice Odunga said.
On Thursday last week, Justice Korir directed that the matter be served Director of Public Prosecution, Director of Criminal Investigation and Inspector General of police before any directions were to be issued.
Abdrizak’s brother moved to court on his behalf arguing that he had not been involved in any criminal activities or terrorism organization or requested by security agents to assist in any investigations.
Senior Counsel Imanyara told court that Abdrizak is a UNHCR Protection Officer at the Hagadera Refugee camp sub office and that part of his duties is taking calls.
“Abdrizak does not have any means of knowing whether or not the various people from whom he receives calls are involved in any criminal activities or they belong to terrorist related groups,” Imanyara said.
According to Abdrizak, his friend was arrested by security officers on his way to work on August 14. On the same day, Anti- Terror Police had been to the camp looking for the two in order to arrest them for allegedly being involved in terrorist acts.
He said in the case documents that his friend had told him that the police also had his work numbers in which he uses to communicate while doing his duties.
“My brother has told me and I also believe that the reason for seeking him for arrest is on the basis of contacts and communication made to him though his work telephone number. In his capacity, if requested by security officials with any lawful information meant for proper investigations, he would fully cooperate,” he said.
The UNHCR officer wants it declared that he is entitled to know the basis upon which is to be arrested and prosecuted.
He further wants it declared that the rampant state of insecurity existing in Garissa is a direct result of the sued parties’ inability to perform their constitutional duties which has created a lawlessness situation exploited by political motives to different clans in the area.
He also wants the sued parties stopped from arresting him on account of information obtained from his work telephone.
The matter will be heard on 22 of September for further direction.
Former registrar of Judiciary Gladys Boss Shollei before the Anti-corruption court where she’s facing charges of abuse of office and economic crimes at Milimani law courts on Monday 24 August, 2015. BY SAM ALFAN.
Former Chief Registrar of the Judiciary, Gladys Boss Shollei, now claims shes being prosecuted because of politics
This is after she appeared in the Milimani courts in Nairobi to answer abuse of office charges but vehemently protested that she was a victim of political persecution.
Shollei presented herself before the chief magistrate of the anti-corruption court Felix Kombo and denied the four-count indictment relating to the controversial acquisition of the official residence of the Chief Justice.
She was granted Sh600, 000 cash bail requiring her to attend trial whose dates will be fixed on September 7.
“I am in court because of politics. I am in court because I stepped on some toes and some people are determined to fix me. I have also heard rumors that I am being persecuted because of perceptions that I have political interests,” Shollei told journalists outside the court precincts after securing her liberty.
The former powerful Accounting Officer of the Judiciary exclaimed that she was “relieved and amused” by the criminal charges since the allegations against her did not involve theft of money, receiving bribes or engaging in corrupt activities. Instead, she was merely accused of improperly conferring a benefit by signing a valid commercial contract and failure to ensure that Government funds were used in an efficient, economical and transparent manner, Shollei said.
She dismissed her prosecution on “trumped-up charges” and reiterated that she had been hired to make independent judgments and firm decisions. “I do not fear those who want to kill my spirit, my energy and passion. I do not fear those who want to destroy me because I am indestructible,” Shollei said in press statement.
Shollei was charged alongside six former Judiciary Staffs who took plea on August 5.Shollei did not take plea that day as she was outside the country.
The six former tender review commissioners denied the charges and were released on a bond of sh 1.5 million or a cash bail of sh 600,000.
The court heard that Shollei and the six commissioners, Francis Kakai Kissinger ,Martin Okwatta, Benedict Omollo, Thomas Oloko Atak, Nicholas Mbeba and Wycliffe Wanga being the Tender engaged in irregularly purchasing a fully furnished residential property of the Chief Justice from Johnson Nduya Muthama Holdings Limited at a sum of sh 310 million.
They were also charged with willful failure to comply with the law and applicable procedures relating to tendering of contracts contrary to the law.
Shollei and the six were also charged with failing to ensure that the Judiciary did not pay in excess of the prevailing market prices in the purchase of a residential property from Johnson Nduya Muthama Holdings Limited for the sum of sh 310 million.