Blog Page 390

PARLIAMENT TO HAVE LAST SAY ON IEBC REFORMS.

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Meru Senator Kiraitu Murungi with Siaya Senator James Orengo who are leaders of joint Parliamentary select committee.

BY SAM ALFAN.

A report recommending rigorous reforms at the electoral commission has been given to Parliament for debate.

Members of both houses are expected to debate the report prepared by the Joint Parliamentary Select Committee on the IEBC.

They were told to soberly debate the report when it is brought before the House on Thursday afternoon in the interest of Kenya’s free and fair election next year.

National Assembly Majority Leader Aden Duale (Garissa Township) and his Minority counterpart Francis Nyenze (Kitui West) urged MPs to remain honest to their oath when debating the report that outlines reforms for the electoral body.

“This product and the work of this committee has demonstrated to all and sundry that we can resolve all our outstanding political issues in this country in a more peaceful and amicable way than we can do it in the streets and demonstrations,” Duale stated.

“We have proved that people who were perceived as enemies can work together and we can sort so many problems in this country if we worked together through dialogue and each one of us listening to the other,” Nyenze added.

Their Senate colleagues Moses Wetang’ula (Bungoma) and Kithure Kindiki (Tharaka-Nithi) lauded the bi-partisan spirit that enabled the team to build consensus on many issues adding that the report signals a new journey to free and fair elections.

“The IEBC were straight-forward and I am sure the in that they declared in public, gave a lot of impetus on the early conclusion in this matter. This country we have a problem, people want to hang on to public offices for so long, they will dig in they will go to court, they will use all manoeuvres, but I recall the words of the IEBC Commissioner through their chairman when they said if Kenyans do agree we are a problem we don’t mind exiting,” said the Senate Majority Leader.

Wetang’ula pointed that: “The committee has done a great job to ease the tension and bring us back towards the General Election. This is no ordinary report, it is a process that was very extensively and deeply negotiated in terms of the composition, mandate and desired outcome of the Committee.”

The IEBC commissioners led by Chairman Issack Hassan agreed to vacate office on the condition that they were given a dignified send-off package and that the secretariat staff be retained for continuity in organising the 2017 poll.

Majority Deputy Leader Naomi Shaban (Taveta) tabled the report in the National Assembly while the Select Committee Co-chair James Orengo (Siaya) did the same during a special sitting of the Senate.

Joint Parliamentary Select Team Co-chairs Senators Kiraitu Murungi and Orengo cautioned MPs in the two Houses against further delays in the adoption and implementation of the report and the Bills saying it will affect the September 30 timeline for the appointment of new IEBC Commissioners.

The report further recommends a negotiated way out for the current IEBC commissioners, forensic audit of the principal voters’ register, use of ICT in the next elections, nomination of candidates by political parties and the role of IEBC in the process as well as the framework on the announcement of presidential results.

The Joint Parliamentary Select Committee which was formed after Opposition supporters held demonstrations calling for the removal of the IEBC Commissioners has proposed the number of commissioners be reduced to seven and serve on a permanent basis.

REFEREES AND JUDGES DISMISSED AT RIO OLYMPICS FOR MAKING DUBIOUS DECISIONS.

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Michael Conlan, right, reacts after he lost a decision to Vladimir Nikitin in a men’s bantamweight quarterfinal bout.
BY NT CORRESPONDENT IN RIO.

The federation for amateur boxing, AIBA has chased away several referees and judges for making costly suspect decisions in bouts at the Rio Olympics.

The axe fell on several of them and to appease the boxing fan base they were removed from the remaining Olympic boxing competition.

It is after AIBA officials reviewed their decisions, fueling suspicion of dubious results in some matches at the Rio Games.

A spokesman for the international federation that governs amateur boxing said Wednesday that the names of the referees and judges who were dismissed and the matches that were tainted would not be released because he did not want to “besmirch their families.”

In a statement, the federation said that the committee that reviews officiating had assessed all 239 bouts at the Rio Games through Tuesday and had found that almost a handful decisions did not meet the criteria set.

It is following a ‘denied victory’ to Irish bantamweight Michael Conlan, who accused the federation of corruption and suggested that Russian boxing officials had bribed judges.

Conlan’s accusations came in
an expletive-filled tirade after he lost his quarterfinal bout to Vladimir Nikitin of Russia.

Nikitin was awarded a unanimous decision, but the public response to the verdict suggested that many observers believed Conlan should have won.

The judges’ decision in the Conlan-Nikitin fight was not the first one at the Rio Games to draw scrutiny. On Monday, the crowd jeered when another Russian fighter, Evgeny Tishchenko, was awarded a unanimous decision over Vassiliy Levit of Kazakhstan, who appeared to have won the bout handily.

The boxing federation did not say specifically how many decisions it deemed insufficient, nor did it specify what was wrong with those decisions. None of the decisions will be overturned, AIBA said.

CS WAKHUNGU’S MOTHER TO SPEND THE NIGHT IN PRISON FOR FAILING TO RAISE ONE MILLION SHILLINGS BOND.

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Mother to Environment CS Judy Wakhungu Ms Grace Sarapay WaWakhungu at Milimani law courts  on Wenesday August 17,2016.

BY NT CORRESPONDENT.

The mother to Environment CS Judy Wakhungu will spend the night in police custody after failing to raise Sh1 million to secure her freedom.

Ms Grace Sarapay Wakhungu was unable to raise Sh1 million bond to secure her release.

She will be a guest of the state at Langata Women Prison.

CS Wakhungu’s mother had been arrested after failing to pay a Sh10 million loan.

Sarapay was nabbed while attending a wedding on Wednesday afternoon August 17, 2016 in Westlands, Nairobi.

An arrest warrant had been issued against her.

She appeared before the Deputy Registrar in Milimani Commercial Court, and was put to task to explain why she should not be jailed for failing to settle the bank debt.

In a case filed against her in 2014 by Middle East Bank Kenya Limited, the financial institution sought an order to compel her to pay back their dues.

The bank told the court the Ms Wakhungu has been stubborn and never shown interest to pay the loan.

The court has now directed her to settle the debt in one week time or she be committed to a civil jail.

Proceedings resume August 24, 2016.

NACADA BOSS ON THE SPOT FOR ‘IMPROPERLY’ PROCURING MANAGER FOR ALCOHOLIC FUND.

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Nacada CEO William Okedi at Milimani law court’s where he failed to be charged for making improper procurements at the anti-narcotics agency.
BY SAM ALFAN.

Nacada CEO William Okedi can now enjoy a little freedom after the court deferred his plea.
Mr Okedi is to be charged for making improper procurements at the anti-narcotics agency.

He contested the decision to charge him at the High Court which is awaiting a ruling.

But four other Nacada employees were charged with the offence of improper procurement.

Together with others, Okedi is said to have broken procurement laws by procuring a consultant to manage the Alcoholic Drinks Control Fund.

The fund had been set aside for civil society.

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They denied that they committed the offence between September 2012 and April 2013.

The four were released on Sh1 million bond each with an alternative cash bail of Sh300,000.

BRITISH ARISTOCRAT TOM CHOLMONDELEY HAS DIED.

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Son of Lord Delamere, Tom Cholmondeley who died today in a Nairobi hospital.
BY SAM ALFAN.

The son of Lord Delamere, Tom Cholmondeley has denied Wednesday in a Nairobi hospital aged 48 years.

Cholmondeley who was a prominent farmer in Naivasha passed on moments after undergoing a hip replacement surgery at MP Shah Hospital in Nairobi.

He is the son of the 5th Lord Delamere, one of the first and most influential British settlers in Kenya.

In April 2005, Cholmondeley was convicted for shooting and killing a KWS game ranger at his expansive Soysambo ranch near lake Naivasha.

In his defence Tom, claimed he acted out of self-defence, and the murder case was dropped before going to trial.

In May 2006, Tom was involved in another scandal where he shot and killed a poacher at his farm.

He was acquitted of murder, but found guilty of manslaughter and sentenced to eight months in prison.

His confinement at Kamiti maximum prison was a blessing in disguise for the inmates detained there.

It is while at Kamiti that he transformed the facility and even offered computer lessons among other courses to fellow inmates who equally grew fond of him.

He was released on October, 2009 after spending six months in jail.

POLICE UNDER FIRE FOR DETAINING SUSPECTS ABOVE STIPULATED TIME

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Two suspects Zeudi Horbo and Hussein Ouman who were released on a cash bail of ksh 100,000 at Milimani law court’s on Tuesday August 16,2017.
BY SAM ALFAN.

Two suspects arrested for allegedly stealing a motor vehicle want the police to explain why they have continued to detain them without just cause.

Zeudi Horbo and Hussein Ouman, through their lawyer Evans Ondieki told the court that they were arrested on August 13 but have been detained without been charged.

Mr Ondieki said that instead of police  carrying out investigations, they chose to seek an order  to have the suspects held in police custody.

They have been in custody for five days.

The lawyer  told  Milimani resident Magistrate Electa Riany, that police have not even recorded statements from the suspects so as to present them in court within 24 hours as required by law.

“The mandatory period to keep a suspect in police custody is 24 hours any time outside that will be a violation of person being investigated” he said.

The court heard that the process of seeking extension of time has been abused by police, saying there is provision in the constitution to apply for the suspects  be released on cash bail  or bond pending investigation.

The suspects have reason to believe that police have abused the orders issued by the court  to hold suspects in their custody” the lawyer said.

Police have asked court to extend their detention from 5 to 30 days.

The trial magistrate ordered the two suspects to deposit a cash bail of Sh 500,000 each to secure their release.

She further directed that the two to report to the investigating officers at Pangani police station every day except on weekends.

The case will be mentioned August 25 to confirm progress made in the investigations.

SENATOR MUTHAMA ACQUITTAL WAS A COSTLY MISTAKE: JUDGE TOLD.

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Machakos Senator Johnstone Muthama at Milimani Magistrate court where he pleaded not guilty (FILE PHOTO).

BY SAM ALFAN.

A magistrate court is on the spotlight after it cleared Machakos Senator Johnston Muthama off allegations of incitement.

According to the Director of Public Prosecution, the mandate to clear Muthama was in the discretion of the High Court and not a magistrate court.

He will therefore appeal the decision acquitting Senator Muthama.

“The magistrate court has no jurisdiction to make findings on constitutional issues, “Dpp argues

He says that it is only the high court and other superior courts which have the mandate to interpret and make findings on constitutional issues.

High court Judge Luka Kimaru certified the matter urgent and set a hearing date on August 18.

Late last month Chief magistrate Daniel Ogembo dismissed the charge against the senator, saying it was unfair to have him in custody for four days for an offence he committed in 2015.

Muthama was in June this year charged alongside seven other lawmakers with incitement to violence. He denied the charge.

COURT TIGHTENS NOOSE TO ARREST OF BEN GETHI’S SICK MOTHER.

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NYS Scam ‘mastermind’ Ben Gethi with his mother charity Gethi lawyer Edward Oonge at Milimani Magistrate Court where she was slapped with arrest warrant after failing to appear in court to face money laundering charge’s.(FILE PHOTO)
BY SAM ALFAN.

Attempts to plead with a magistrate to allow the sick mother to Ben Gethi miss court have been met with lots of opposition from the quotas.

The Magistrate court declined to lift a warrant of arrest issued against her.

This is despite her lawyer Edward Oonge literary pleading with court to address the plight of his client.

He even presented documents from the hospital showing that Ms Charity Gethi is chronically ill (she is suffering from diabetes) and has to attend the infirmary daily for injection.

According to the prosecutor, if the accused person is not admitted anywhere and she can go to hospital daily, she can also come to court or they can read the charges to her wherever she is.

The court said it will not lift the order until Ms Charity appears in person to plead to charges of money laundering over the loss of Sh791 million NYS money.

“I take court attendance serious and the accused should appear in court court” said the magistrate

Ms Gethi has failed to appear in court twice as earlier ordered with the arrest warrant being the court’s last result.

The order to arrest her was issued by Nairobi Magistrate Martha Mutuku.

Nairobi Chief Magistrate Daniel Ogembo had directed that all the accused persons appear on Monday in person to take plea over the allegations.

She with her son Ben, Josephine Kabura, Jedidah Wangui, KCB driver John Kago, Samwel Wachenje alias Sam Mwadime, Anthony Kihara, Paul Gachoka, John Vandamme and Martin Wanjohi have been smoked out as the masterminds to the scam.

Several attempts to have their prosecution suspended have also been thwarted by both Judges and Magistrates.

AG CONTESTS DECISION DENYING PRESIDENT POWERS TO APPOINT CJ OF HIS LIKE.

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Muigai Attorney General Professor Githu Muigai making submissions in court.(FILE PHOTO).

BY SAM ALFAN.

Attorney General Professor Githu Muigai has taken on courts for denying the President power to appoint his preferred candidate as the next Chief Justice.

According to the AG, the high court erred in nullifying the JSC Act and has petitioned Court of Appeal judges to reinstate the law and give the president powers to pick a candidate of his choice.

The move reintroduces debate on whether or not the president should have a hand in choosing the next CJ.

He is accusing the High court of arriving at a wrong conclusion that ultimately nullified the amendments made to the JSC Act.

Through his lawyer Cecil Miller, Prof Muigai says that he will file an appeal to challenge the decision by a five judge bench that invalidated the law passed by the National Assembly.

The law compelled the Judicial Service Commission (JSC) to submit three names to the President for him to choose his preferred candidate for appointment as CJ and their deputy.

The notice of appeal that was filed last week and scheduled for hearing today was consequently postponed to another date to allow the AG file the main appeal.

In May this year the High Court declared an amendment giving the President power to decide the next CJ null and void.

In a petition filed by Law Society of Kenya, the lawyers body repulsed a move by parliament to give the president powers to appoint the chief justice and his deputy saying it goes against the constitution and amounts to interference with the independence of the judiciary.

40 YEARS OF OLYMPIC SERVICE SOILED AT RIO; ATHLETICS MANAGER ROTICH TO APPEAR BEFORE ANTI NARCOTICS AGENCY.

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Lawyer Ham Lagat with his client thletics Manager Michael Kosgei Rotich at Milimani law Court’s.
BY NT CORRESPONDENT IN RIO.

Athletics Manager Michael Kosgei Rotich should appear before the Anti-narcotics agency today and Thursdays.

The order was made last week when he was released for allegedly attempting to solicit bribes to tell athletes about doping procedures at Rio.

Before he was deported from Rio Olympics, Rotich was in charge of the field and track team.

He was released on Friday for a cash bail of Sh200,000 or a Sh 1 million bond.

Mr Rotich lawyer's and family member's after he was released from police custody.
Mr Rotich lawyer’s and family member’s after he was released from police custody.

While giving him freedom, Justice Luka Kimaru also ordered Rotich not to contact any witness or interfere with ongoing investigations.

“Am certified to grant your client bail if ksh200,000 or bond of 1million.” Ruled Judge Kimaru.

“The high court has nourished the spirit and the letter of constitution which was initially subverted by trial court” said Mr Felix Kiprono Matagei.

Rotich was to be detained for 28 days.

The lower court had directed that he be held in custody to give police more time to travel overseas to interview journalists who linked him to doping bribery claims.

Rotich is accused of demanding money to give warnings about doping tests.

Mr Rotich before the court.
Mr Rotich before the court.

Nairobi Magistrate Christine Njagi while detaining him said, “Kenya should take the lead since its flag is flown high by its citizens who participate in international sporting activities.”

Rotich has served athletics in Kenya for over 40 years.

The court also heard that Rotich, a  former Army Major is diabetic and should be allowed to see his family doctor.

His defence lawyer also want the Magistrate recuse herself from hearing the matter.