Blog Page 389

OLYMPICS CHAIR MUST NOT LEAVE THE COUNTRY UNLESS ALLOWED, COURT SAYS.

0

2016-09-08_18-20-15

NOCK Committee chair Stephen Arap Soi at Milimani law Court’s on Thursday September 8,2016.

BY SAM ALFAN

NOCK Committee chair Stephen Arap Soi should not leave the country without courts permission.

He is also required to report to the Directorate of Criminal Investigation twice a week.

Soi cannot be seen near or around any office owned by National Olympics Council without court or investigating officer permission.

Ignoring this Soi will be seen to be interfering with witnesses. He should also not contact any official or person related to the investigations and must deposit his passport in court.

Mr Soi was released on a cash bail of 200,000. He was out on a police cash Bail of 50,000.

His lawyer Mr Bosek told the court his clients was discharged from hospital 3 day’s ago and doctors recommended that he rests for 14 days.

Last week court directed he must appear in court in person once he is discharged from hospital.

PEOPLE WHO ABDUCTED AND KILLED A NURSE TO STAY IN CUSTODY.

0

img_20160907_202916

Four suspect’s Boniface Gatobu, Stephen Mbui Chai, Tom Manyanda and Isaac Soet at Milimani Law Courts Criminal Division on Wednesday September 7,2016.
BY SAM ALFAN.

Four people linked to abducting and killing a nurse in Meru will stay in custody pending completion of investigations.

They have been detained at Kilimani Police station for seven days.

Boniface Gatobu, Stephen Mbui Chai, Tom Manyanda and Isaac Soet were arrested on August 26 and 27 over the abduction of Job Nyambuiya Omariba who went missing on the eve of August 21, 2016.

The four were arraigned before Kibera law courts on August 29.

The Kibera court allowed an application to detain them for 14 days.

The deceased body was recovered at Malili Earth Road at Salama area in Makueni County which led to the police to commence investigation over the murder.

The four suspects are alleged to have had a hand in death of the nurse, who is said to have been practicing in Meru.

When they were arraigned in court yesterday, their defense lawyers and the prosecution agreed by the consent to detain them for a further seven days for police to conclude investigations.

Proceedings resume September 16 for further directions.

GOVERNOR KIDERO’s DECISION TO SACK COUNTY OFFICIAL OVERTURNED.

0

Nairobi-Governor-Evans-Kidero
Nairobi Governor Dr Evans Kidero who has been barred from sacking his director for Legal Affairs Mr Karisa Iha.
BY SAM ALFAN.

Nairobi Governor Dr Evans Kidero cannot sack his director for Legal Affairs Mr Karisa Iha, court has said.

The sacking was recommended by the Commission on Administrative Report.

Justice  George Odunga said that the recommendation as contained in the report to remove the  officer from office has been contested.

He said that any action has to wait for the outcome of the decision.

The judge was told, by  Karisa’s lawyer Samuel Ogutu, that the  commission published the report on alleged irregular allocation of Eastleigh Market to a private developer in August 2013.

The lawyer said that the commission acted on a complaint from  one of the traders to  incriminate the county officer.

Mr Ogutu said that by the time the commission was investigating the matter there was a case pending before court, that prohibited the probe and which is pending determination.

The investigations, finding and recommendations against the applicant were irregular, shoddy, marred with errors of the law, illegal malicious and fundamentally unreasonable, the lawyer said.

Karisa is seeking an order to quash the  findings and recommendations contained in the report on  alleged  irregular allocation of the  Eastleigh Market

Proceedings resume September 28 for further directions.

MERU GOVERNOR PETER MUNYA SCOUTING TO BE PNU’s LEADER.

0

IMG_20160907_180007

Lawyers Okongo Omogeni with Party of National Unity(PNU) Secretary General John Okemwa Anunda(centre) and Meru Senator Aspirant  Anderson Kathendu leaving Milimani Law Court’s on Wednesday September 7,2016.

BY SAM ALFAN.

The Political Parties Dispute Tribunal was today forced to adjourn after two senior PNU officials asked the court to stop a national delegates conference slated September 9.

PNU chairman John Kamama Mbugua, and his Organizing Secretary, Alphonse Musyoki petitioned the court to stop the delegates conference.

Lawyers representing the party could not agree on who should act on behalf of PNU and as a consequence forced the tribunal to adjourn. The two are SC Okongo Omogeni and Otieno Ogolla.

Mr Omogeni said he had been instructed by the Secretary General to represent the party in the suit, while Ogolla maintained that he was instructed by it National Executive Council.

Hearing will be October 28.

Lawyer Omogeni also said that PNU will not dissolved to join Jubilee.

A notice issued by other officials calling for the meeting was termed null and void as it was intended to endorse Meru Governor Peter Munya, who is also the council of governor’s chairman, as party leader without following procedure as stipulated in the party’s constitution.

According to the petition, the main agenda of the meeting is to install Munya, an executive member of the Alliance Party of Kenya APK as the party leader of PNU in place of retired President Mwai Kibaki.

SUSPENDED JUDGE PLEADS WITH TEAM TO CLEAR HIS NAME.

0

1373123

Embattled High Court Judge Joseph Mutava with his lawyer Philip Nyachoti appearing before Tribunal investigating him over alleged misconduct .
BY SAM ALFAN.
Suspended High Court Judge Joseph Mutava has pleaded with a Tribunal investigating him over alleged misconduct to clear his name for lack of sufficient evidence.

In his final submissions, Judge Mutava through Lawyer Philip Nyachoti said that the allegations of misconduct were not substantiated and indeed lacked sufficient gravity to warrant his removal.

He also wants his suspension lifted so he can resume duty immediately.

Giving reasons why he ought to be cleared, the judge said that all allegations levelled against him were withdrawn and so the decision should be speedy.

The judge was suspended in May 2013 on the recommendation of the Judicial Service Commission.

JSC found him guilty of misconduct while handling three cases.

The first case involved Businessman Kamlesh Pattni and Goldenberg, while a second case was that he interfered with the ruling of another judge by making persistent inquiries in a manner that went beyond ordinary judicial curiosity and even attempted to influence the outcome of the ruling.

The third claim was that he mishandled a dispute between the Ministry of Industrialization and the East African Portland Cement Company by issuing contradicting orders.

However, the three complaints by Lawyer Fred Ngatia, Nelson Havi Advocate’s client and Rose Mbithe which necessitated the formation of the Tribunal have all since been withdrawn and they were produced as evidence before the Tribunal.

“A matter which has been withdrawn is in law wholly and fully retracted and cannot exist in any form or shape and that includes the substratum that led to the formation of this Honorable Tribunal,” he said.

NATIONAL ASSEMBLY OFFICIALS WANT TO KNOW THE DETAILS OF THEIR CHARGE.

0

IMG_20160906_215810
Seven Parliament staff’s charged with the theft of Sh70.6 million at Milimani law Court’s on Tuesday September 6,2016.
BY SAM ALFAN.

Seven people attached to the National Assembly and charged with the theft of Sh70.6 million want the prosecutor to provide them with all documents they plan to rely on.

In an application filed before Nairobi Magistrate Court, they claim that the prosecution has deliberately refused to supply them them with the crucial documents sought last year which may occasion inexcusable delay of their criminal case.

In an affidavit by Keith Kisinguh and George Omondi Arum they want the documents like yesterday and demand that their case be expedited quickly.

The accused face nine charges, ranging from abuse of office, conspiracy to commit a felony and making documents without authority, between July 1 2013, and June 30 this year.

They include Samuel Obudo (finance), Mary Gathiga (finance) Keith Musyoka and David Mulinge (procurement).

Other officials accused are Alloys Tinega (stores), George Arum (internal audit) and Benjamin Njagi (stores).

They denied the charges and were released on Sh300,000 bail.

The accused were arraigned in court last week.

The nine were released on bail, despite protests by prosecutor Daniel Karori.

“The terms set by this court were reasonable and I do not see the need to enhance them,” chief magistrate Daniel Ogembo said in his ruling.

Obudo, Mulinge, Omondi and Njagi were jointly charged with abuse of office.

They are accused of arbitrarily directing the payment of assorted printer toners in abuse of their authority.

Gathiga, Musyoki and Nyambariga got six counts of making a document without authority.

The prosecution said they made fake minutes in the name of the parliamentary tender committee allegedly approving the transaction.

National Assembly Speaker Justin Muturi raised the red flag with the CID after receiving information on dubious transactions in Parliament.

LAWYER HELPED WIRE SH791 MILLION YOUTH MONEY TO PSEUDO FIRMS.

0

IMG-20160906-WA0060

Lawyer Patrick Ogolla at Nairobi Magistrate Court where he was charged over National Youth Service some Sh791 million at Milimani law Court’s on Tuesday September 6,2016.
BY SAM ALFAN.

A lawyer has been charged for being part of the infamous syndicate that defrauded the National Youth Service some Sh791 million.

Lawyer Patrick Ogolla was today arraigned in court and pleaded not guilty to the money laundering charges.

Ogolla was released on a Sh300,000 cash bail.

The prosecutor alleged that the accused among other suspects colluded to wire 791 million Shillings out of the NYS coffers and used part of it to purchase properties they concealed under phony firm names.

Two more people are yet to be charged. They include Charity Gethi and her daughter Jedidiah Wangari Wangui.

Charity Gethi is said to be sick while the daughter has never been arrested.

BREWERS HAVE SEVEN DAYS TO SAY WHY THEY SHOULD NOT BE JAILED.

0

Eabl

East African Breweries limited

BY SAM ALFAN.

Kenya Breweries and East African Breweries limited directors have seven days to say why they should not be jailed.

They must respond to an application seeking to commit them to jail.

The application to send top brewers directors jail was filed by Beer Tosha distributor on August 23 2016.

They allege that orders issued by Justice Joseph Onguto have been violated.

Today when the matter came  up for mention before the  judge,  KBL, UDV, EABL and Diago sought  seven days to respond to the  application for  contempt.

They want directors Andrew Cowan ,and Ms Jane  Karuku together with  Kenya Breweries Limited(KBL)
sales Director Andrew Kilonzo jailed.

They say that EABL terminated their distribution contracts and KBL has since stopped supplying them with beer from the latter.

Bia Tosha is also demanding a Sh30 million fine from EABL, KBL among other respondents.

“KBL contemptuous actions have brought the operations of the
petitioners to a halt and therefore greatly prejudicing the
petitioner,” Bia Tosha argues.

On June 16, EABL lost bid to appoint another beer
distributor on the same routes as its single-largest distributor.

The 22 routes covered by Bia Tosha were Namanga, Bissil, Kajiado, Kitengela, Athi River, Industrial Area, South B, Nairobi West,
Kenyatta, Lang’ata, Rongai, Kiserian, Magadi, Upper Hill, Ngong Road,
Hurlingham, Kawangware, Satellite, Dagoretti, UDV A, UDV B and UDV C

MORE WOMEN IN PARLIAMENT: LOBBY TO PERSUADE COURT TODAY.

0

IMG_20160905_163346

Lawyer Dismus Wabora for Centre for Rights Education and Awareness (CREAW) and Community Advocacy and Awareness Trust (CRAWN TRUST) leaving Milimani law Court on Monday September 5,2016

BY SAM ALFAN.

A case where civil rights groups wants more women in Parliament is scheduled for hearing this morning.

Yesterday, the Centre for Rights Education and Awareness (CREAW) and Community Advocacy and Awareness Trust (CRAWN TRUST) moved to court demanding the two thirds gender majority rule be enacted.

Civil rights groups want the court to direct Parliament under the stewardship of Speaker Justin Muturi and Prof Githu Muigai the Attorney General to take steps to ensure that the required legislation is enacted before the next General Election.

“The more than two thirds gender rule principle in relation to membership of the National Assembly and the Senate has to be implemented before the next general election,” they hold.

In documents filed in court this yesterday the lobby groups argue that parliament has no powers to make a further extension concerning the matter.

They say that the extended constitutional deadline for the enactment of the legislation lapsed on August 27 this year.

In addition they claim that Parliament has failed and refused to enact the legislation contemplated under articles 27 (6) and (80 AND 81 (B) which amounts to the rights of women to equality and freedom from discrimination and a violation of the constitution.

They say that the country has been plunged into a constitutional crisis which will affect the outcome of the next General Election.

SPORTS CS HASSAN WARIO OVER-RAN FOR DISBANDING OLYMPICS TEAM.

0
Head of Kenya's Olympics committee, Kipchoge Keino speaks during a Reuters interview inside his office in Kenya's capital Nairobi, February 9, 2016. REUTERS/Thomas Mukoya
 Olympics Committee of Kenya officials led by their Chairman Kipchoge Keino  who has sued Cabinet Secretary Hassan Wario for disbanding K.N.O.C.K.

BY SAM ALFAN.

Sports CS Hassan Wario has been served a dose of his own medicine.

The National Olympics Committee of Kenya officials led by their Chairman Kipchoge Keino want CS Wario to explain to court why he took the action of disbanding the committee without hearing them first.

They also want the high court to quash the directive.

Kipchoge says that the move was unreasonable and in bad faith and it shows improper and poor management of sports in the country.

He also says that CS Wario places Kenya at loggerheads with the International Olympic Committee which move will make Kenya be banned from participating in the future Olympic games

CS Wario’s directive was based on unsubstantiated allegations of malpractice, he says.

That the CS does not have powers under sports Act 2013 or any other law to unilaterally disband Nock or any other sports federation

They also accused the CS of embarking on an unreasonable campaign of harassment through unnecessary use of police and security mechanism with the intention of unlawfully crippling the affairs and administration of NOCK

Other officials who are part of the suit are FK Paul and Fridah Shiroya.