Businessman Ben Gethi who his sister Jedidiah Wangari Wangui is among accused on the NYS scam slapped with arrest warrant.

BY SAM ALFAN.

The court in Nairobi has cast its net wider in a bid to recover stolen NYS money now issuing a warrant of arrest to a family member of one of the suspected masterminds.

A magistrate court today issued a warrant of arrest against the sister to Ben Gethi, an alleged architect in the loss of Sh791 million from the National Youth Service kitty.

His mother too, Charity Wangui Gethi is also among the persons charged.

The daughter, Jedidiah Wangari Wangui and the advocate who Okayed their business transactions, Patrick Ogolla have been summoned to appear in court on Monday.

Wangari and lawyer Ogolla failed to appear in court for the hearing of an application seeking to quash their prosecution.

The two warrants were issued by trial magistrate Martha Mutuku, who also directed that the matter be mentioned before her on Monday June 13 for further directions.

Director of Public Prosecution Mr Keriako Tobiko preferred money laundering charges against them according to Senior Prosecution Counsel Mr Gitonga Muranga.

Mr Gitonga said that the DPP was convinced to charge them after reviewing a file presented to him by the Director of Criminal Investigation Ndegwa Muhoro thereby preferring the offence of money laundering against them.

Charity Wangui Gethi, Jedidah Wangari Wangui, John Kago Ndungu, Patrick Onyango Ogolla of  Ogolla and  Mujeri   advocates, Josephine Kabura and Ben Gethi have not pleaded to the charges due to a pending judgement in the high court.

It will be delivered on June 29.

Their assets have also been attached in a bid to recover the money lost. They are to be preserved pending the hearing and determination of the suit.

The said properties are situated in Muthaiga North, Rosslyn Estate, Eden Times Restaurant and Mercury Building that is located along Moi Avenue, in Nairobi.

The Asset Recovery Agency said that their investigations revealed massive fraud and embezzlement of public funds and as such attached the properties of the suspects.

A 20 year old woman Regina Wambui accused Njoroge of killing her employer’s 8 month old baby in Umoja (ii) Estate Embakasi in Nairobi escorted by police officer’s to Milimani law court’s basement cell’s.
BY SAM ALFAN.

A 20 year old woman was arraigned in court today May 30 for allegedly killing her employer’s 8 month old baby in Umoja (ii) Estate Embakasi, within Nairobi County.

The woman, working as a house help was arraigned in court but did not take plea as the government had not provided her with a lawyer.

Regina Wambui Njoroge is said to have murdered Stephanie Nzisa Wambua on May 18, 2016.

Justice Grace Mutuku said the woman could not take a plea if she does not have a lawyer. Consequently she has to wait until the state allocate a lawyer for her.

She will be brought to court again on June 6 to answer to allegations levelled against her.

According to the prosecutor, investigations are complete and the woman is fit to face trial.

It is said that Wambui worked in her employer’s house for merely 4 days.

At the same court, the grandson to former Defense Minister Njenga Karume come business mogul, who is facing a murder charges has been released on a Sh1 Million cash bail or a Bond of Sh2 million.

Kenneth Wathugi Karume is accused of killing his girlfriend. It is said that he pushed Ms Victoria Wairimu Kulungia (deceased) alias Mumbi from the fourth floor of Gracia Apartment in Kiambu Town on March 25.

The apartments are touted to belong to the estate of the former powerful minister Njenga Karume.

Justice Mutuku while releasing him said that the prosecution had not given her a compelling reason why Karume’s grandson should be denied bail.

“There is no reason the prosecution has given to show that the accused is a fright risk and will interfere with the witness,” said Judge Mutuku.

Justice Mutuku said Karume’s defense had proved that their client was not a fright risk and that he would fully co-operate with the Investigating officer(s).

Deputy Chief Justice Kalpanal Rawal.
BY SAM ALFAN.

The Supreme Court has suspended a decision sending two of its judges Deputy Chief Justice Kalpana Rawal and Philip Tunoi home for attaining the mandatory judge retirement age of 70yrs.

The stay order was granted by duty Judge Njoki Ndung’u pending the hearing of an application challenging a decision by the Court of Appeal to send them on retirement.

The two rushed to court on Friday afternoon moments after the Court of Appeal ruled they should pack up and leave.

As per the order, the positions they currently hold will not be advertised pending the outcome of the case.

Judge Tunoi is under investigation following allegations that he received a Sh200 million bribe from Nairobi Governor Evans Kidero to rule in his favour in a poll petition.

The tribunal was sent into confusion following the order but can now resume its sittings on Tuesday as planned since Tunoi will not yet go home. The order would have rendered the tribunal redundant.

According to the Court of Appeal, the retirement age of judges is 70 and not 74 as proposed by the DCJ.

It is after the high court ruled that the judges should go home that they contested the decision at the court of appeal.

However, with the retirement of Supreme Court President Chief Justice Dr Willy Mutunga set for next month, this means that the court is now in a crisis with the procedure outlining that the minimum number that can sit is five judges. CJ Mutunga will retire next month.

The two argued that they should retire at 74 year per their contracts, which they signed under the former constitution.

Deputy Chief Justice Rawal is 70 while her colleague judge Tunoi is 72.

On December 11, a five-judge bench ruled that Rawal, Tunoi and High Court judge David Onyancha should retire at 70.

But a few months after appealing the decision, Onyancha, who had reached 70, resigned.

Supreme Court Judge,Justice Philip Tunoi who is among judges sent home by Court of appeal.
BY SAM ALFAN.

The Court of Appeal has upheld a decision to send home Supreme Court judges Kalpana Rawal and Philip Tunoi.

Judges should retire at age 70 and not 74 as earlier proposed.

Rawal and Tunoi wanted to overturn a decision of the High Court that judges should retire at 70 as stipulated in the constitution.

The two argued that they should retire at 74 year per their contracts, which they signed under the former constitution.

The Deputy Chief Justice is 70 while Tunoi is 72.

On March 12, judge Rawal and her colleague judge Tunoi lost a bid to have two judges disqualify themselves in a case challenging their retirement age.

Court of Appeal judge Patrick Kiage, on behalf of his six colleagues, said the issues raised by the two in their application did not merit the disqualification of any of the judges.

Judge Rawal wanted Justice Milton Makhandia to recuse himself while judge Tunoi wanted presiding judge GBM Kariuki not to head the seven- judge bench.

Judge Tunoi who is currently on suspension is also facing a probe after journalist Geoffrey Kiplagat claimed he received a Sh200 million bribe from Nairobi Governor Evans Kidero to influence his election petition.

On December 11, a five-judge bench ruled that Rawal, Tunoi and High Court judge David Onyancha should retire at 70.

But a few months after filing the appeal, Onyancha, who had reached 70, resigned.

Judicial Service Commission Senior Counsel Okongo Omugeni with lawyer Michael Osundwa who is challenging the transfer of judge’s by Chief Justice Dr Willy Mutunga onFriday May 25 2017 at Milimani Law Courts.

BY SAM ALFAN.

The transfer and re-deployment of judges was an administrative matter which ought not to be questioned, a court heard today.

Lawyer Okongo Omogeni said that the complaint by his colleague lawyer Michael Osundwa appears to be a fight between litigants and advocates.

“The CJ acted as provided for under Article 165 of the constitution which gives him power to carry out administrative duties in the judiciary” lawyer Omogeni said.

In the response, Lawyer Omogeni said that the petitioner being an advocate and his case being argued by a colleague lawyer Nelson Havi is not about good litigation but rather a shopping mission for judges who hear pending matters.

Mr Omogeni submitted that the decision by the CJ to transfer judges is his obligation according to powers donated to him by the constitution of Kenya.

The enacted Act of 2015 provides for re-organization of the judiciary and the CJ being the head should ensure all Kenyans get justice wherever they are.

The action was not arbitrary as claimed by the petitioner, he said.

Justice George Odunga heard that the petition was brought to court just annoy and create attention to the effect that the law has been breached.

Mr Omogeni challenged the petitioner to show how the new postings had affected him individually given that other Kenyans need to be served.

In exercising his power, it has not been demonstrated that the constitution of 2010 was contravened, saying  that the court should not be persuaded to issue a conservatory order halting the transfers which have already taken effect.

The petition is about character assassination, for having quoted  senior counsel  Ahmednasir  Abdullahi several times and yet is not a respondent in the case, Mr Omogeni said.

Mr Havi representing the applicant told the court that there’s likelihood of backlog of cases in the commercial division of the high court.

It was his submission that in making the decision the CJ did not consult Law Society of Kenya.

Judge Odunga will deliver a judgement onMay 312016

President Uhuru Kenyatta being taken through one of the completed standard gauge railway line one of his government capital projects.

BY THOMAS KARIUKI.

The High Court has temporarily stopped the construction of a section of the Standard Gauge Railway line within Mavoko Municipality in Machakos County.

Justice Solomon Okongo suspended the project following an application by local residents protesting alleged shoddy excavation processes.

Residents of Mavoko numbering about 21 told the court that the excavation process has damaged their houses and properties, leading to substantial losses.

Through their lawyer Bernard Chege, they told the court that the company’s method of excavating rocks was destructive.

The petitioners said that the company blasts rocks within a two kilometre radius of their residential houses, which infringes on their right to a safe and clean environment.

The applicants own properties along Makumbi road, Mlolongo in Syokimau area, about 150 metres from Mombasa-Nairobi Railway line.

“On 17 August 2015 the rock blasting was so intense that it caused massive vibration and tremor that resulted in damage of the properties,” the lawyer said.

Mr Chege further argues that residents’ right to have quiet possession of properties and safe and clean environment has been infringed.

The lawyer said that the activities of the company are contrary to the Environmental Management and Co-ordination on Noise and Excessive Vibration Population Control Regulation Act of 2009.

China Road and Bridges Construction Company Limited asked the court to allow it to appoint an independent structural engineer to carry out assessment of damage caused as a result of blasting activities, but the judge rejected the plea.

“I don’t see why this court should force the applicants to accept an independent engineer to carry out structural audit of the suit properties if they are satisfied with the audit which has been carried out by their own structural engineer,” the judge said.

The judge further observed that it is not in the public interest for a company to make excessive noise, cause illegal vibration, and damage to private property.