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JUDGE ORDERS AUCTIONEER TO EXPLAIN TO HOW COUPLE’S HOME WAS DESTROYED IN WESTLANDS.

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Auctioneer Zachariah Baraza who DCI wants to be detained for fourteen before Court. /PHOTO BY S.A.N.

BY SAM ALFAN.

A judge has ordered an auctioneer accused of violently evicting an Asian family from their home in Westlands to explain the circumstances under which they executed the exercise.

Environment and Land Court Justice Oscar Angote said Zachary Baraza of Siuma Auctioneers and an advocate identified as Nyakundi should file the affidavits in court by Friday, explaining the circumstances leading to the demolition of the house Niraj Shah.

The judge wants an explanation because an eviction notice was not issued by the magistrate’s court in relation to the property.

The said that the order was not supposed to be interpreted as an eviction notice and it appears your clients presented you with the wrong order.

The judge demanded for an explanation by way of an affidavit on which orders were executed.

The auctioneer alleged, who was involved in the Sunday dawn eviction and demolition of the house belonging to the elderly couple in Westlands had earlier opposed his detention pending ruling on whether he should be detained to allow the police complete investigations into the matter. 

Through his lawyer Bryan Khaemba, Baraza opposed the application to be detained for 14 days to allow the police complete investigations. The police sought to have him detained at Muthaiga Police station as they complete the probe.

Lawyer Khaemba faulted the conduct of the police to arrest suspect before conducting the investigations.

He urged the court to release the auctioneer on a cash bail of Sh20,000 pending investigations.

The officers from the Directorate of Criminal Investigations Headquarters paraded the auctioneer in court under a miscellaneous application seeking to detain him.

Sergeant Eric Onyango said the matter was reported by Niraj Shah at Spring Valley police station. 

He said the complainant maintains that Baraza led about 25 people into his family’s home at Westlands area along school lane.

They destroyed establishment on the parcel of land and stole a lot of his items. They also vandalized and carried away with doors, windows, roofing tiles and building stones.

The investigator said the building destroyed was worth Sh70 million and the family is yet to recover stolen items.

The officer further claims he has not arrested the accomplices.

SA FIRM JOINS CASE FILED BY SENIOR OFFICIAL CONTESTING HIS REMOVAL IN TECHNOLOGY FIRM.

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Employment and Labour Relations Court Judge Anna Mwaure./PHOTO BY S.A.N.

BY SAM ALFAN.

South African based firm Enko Africa Private Equity Fund limited has been allowed to join a case in which the company’s chief operations manager has sued Software Technologies ltd and obtained orders blocking his removal as a signatory to the latter’s bank accounts.

Chaitanya Mukherjee sued Software Technologies and on July 4 obtained temporary orders restraining the company from enforcing its resolution made on June 16, 2022 removing him as a signatory to the company’s bank account.

The Employment and Labour Relations Court allowed the foreign investor to join the suit after making arguing that it has an identifiable stake in the case.

In it court documents, the financial firm added through lawyer Charles Kanjama that the company is one of the shareholders with the highest percentage with singular shareholding of 20.14% at Software Technologies ltd shares.

The firm said it was not involved in approving the actions involved in the Mukherjee claim and documents as filed in court are in contravention to clause 7.1 of the shareholders agreement.

The company added that it has a legal interest as well as clear identifiable stake in the case yet the directors have not been involved in the claim.

“The above matter being litigated on has already affected and will continue to have a direct impact on the Enko Africa Private Equity Fund ltd as it has suffered and continues to be directly affected by the decision of this court and if our rejoinder application is not allowed,” the firm said in the court documents.

Enko Africa Private Equity Fund ltd vice president Tineyi Kuipa who is based in Johannesburg South Africa filed an affidavit supporting the application adding that the company entered into a shareholder’s Agreement and purchased shares of Software Technologies ltd on 18th September, 2018, thereby becoming a shareholder in the said company with 20.14% shareholding as an investor.

The vice president added that Software Technologies ltd meetings including board meetings and decision making on matters are governed by the shareholders Agreement and a clause in the agreement indicate that actions relating to reserved matters, part of which is this instant suit should not be taken without its approval.

He said schedule C clause 2.25 requires the Enko Africa to approve the settlement in any legal proceedings.

The firm denies involvement or approving the action which Software Technologies purportedly took part in the suit including the consensus allegedly reached that led issuance of the order issued on July 4, 2022.

Kuipa added that Enko Africa investment in the Software Technologies was induced by represention made by, amomg others, Mukherjee which Enko Africa discovered were untrue.

He said further activities done by Mukherjee raised serious concerns of potential criminal conduct necessitating a complaint lodged with the Kenya police.

He alleged that these discoveries made by the firm that there were irregular, illegal and unlawful as conducted by, among others, Mukherjee are what led to the impugned resolutions passed regularly during the Software Technologies ‘s board meeting held on 16th July.

“The claimant (Chaitanya Mukherjee) is suspected of fraud in which the applicant (Enko Africa), a foreign investor, stands to lose its investment worth approximately Sh400 million,” said vice president Kuipa.

Kuipa also added that on of the grounds for the termination of Mukherjee’s employment with the Software Technologies is when he commits or suspected of having committed a criminal offence as seen under clause 6.1 of the contract of employment he relies on the case

Mukherjee sued Software Technologies and on July 4 obtained temporary orders restraining the company from enforcing its resolution made on 16th June, 2022 where Mukherjee was removed as a signatory to all the company’s bank account.

Employment and Labour Relations court Judge Anna Mwaure restrained the company from enforcing its resolution made on the same date where Mukherjee was denied access to Software Technologies ltd company premises, software and IT hardware including email address and other company materials.

According to the court order, parties reached consensus where Mukherjee was reinstated as the chief operations director.

The company, however, has vehemently opposed the issuance of the said orders and wants the directive set aside.

The application will be heard on December 5 before Justice Jacob Gakeri.

GSU OFFICERS SEEK TO BLOCK CHARGES OVER MASIMBA SHOOTING.

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General Service Unit (GSU)during graduation.

BY SAM ALFAN.

Nine officers from the dreaded General Service Unit (GSU) have moved to court to block their prosecution over the killings of four protestors in Masimba area in Kajiado in June.

The officers have been accused of shooting dead the protestors who had barricaded the key Mobasa-Nairobi highway, to protest an increase in human-wildlife conflict in the area.

The Independent Policing Oversight Authority recommended the officers to be charged and the Director of Public Prosecutions Noordin Haji agreed that the officers used excessive force against the demonstrators.

But the officers including Cornelio Tokoyi, John Njoroge, Zakayo Kurere, Hosea Chikara, Mohamed Walla, Zakayo Kurere, Kipkorir Sigisin, Adan Nunow and Wambua Kilonzo said they did not plan the murders but ran into the protestors on their way back to Mombasa after delivering money to Nairobi.

“Owing to the fact that the applicants were ordinarily discharging their mandated role, they seek the intervention of this court in a bid to be protected by this honorable court; being the custodian of the law,” pleads the GSU officers.
Justice Anthony Ndung’u directed the DPP and IPOA to file replies to the petition within three days so that he can decide whether to stop the intended charges.

The officers said they were summoned by IPOA on November 4 and were later informed to head to Kibra Police station for their fingerprints to be taken.

Through lawyer Danstan Omari, the officers said they were never informed of the reason as to why their fingerprints were to be processed.

They were later locked in a cell without explanation and were issued a form under section 52(1) of the National Police Service Act, for a conditional precedent to their release.

The said form required them to attend IPOA Headquarters on 9/11/2022 at 0900hrs for investigation of alleged murder or causing grievous harm charges.
According to their court documents, there are reliable resources that indicate that the DPP has already recommended for them to be charged.

“It is very probable, that the arrest and possible preference of charges of the active officers serving under the National Police Service, who are the applicants herein; discharging their mandate as prescribed in the law, is inspired by a political agenda and vendetta; whereas the President made remarks on Mashujaa Day with regards to extrajudicial killings,” says the nine officers.

Through lawyer Omari, they say in court documents that they were tasked with escorting money from Mombasa to Nairobi on June 1, on the De La Rue consignment, an operation headed by Tokoyi. They were in two land cruisers GKB 634Y and GKB 620Y.

Due to the sensitivity of the cargo they were escorting, one of the officers had a pistol while the rest had AK-47s.
The cargo was safely transported to Nairobi and the team slept at GSU headquarters. On June 2, they were briefed by Tokoyi ready to head back to Mombasa.

The journey was well until reaching Masimba center at around 1300hrs just after Emali, where they encountered a huge traffic jam.

Upon inquiry from one of the track drivers, they were informed it might have been caused by a vehicle breakdown.

“The 1st Applicant advised the drivers to put on a siren; which is normally used for emergency. And in the 1st applicant’s official capacity, it was only humane to his team; that the siren is put on so that the way may be cleared since the officers had been working all day and night on the 1st June 2022, and had not yet rested nor had any sleep,” says the GSU officers.

According to the officers, with the siren, they navigated the traffic well, however after about approximately 500 meters into the traffic; they were unable to proceed since it was barricaded with stones, logs and bon-fires were ablaze.

They claim there were approximately over 1,500 rioters who were quite agitated. The mob allegedly began to surround them while armed with bows, arrows, rungus, pangas and all manner of weapons.

They added that the rioters were visibly angry and had taken charge of the scene with some positioning themselves on top of trees.

The mob comprised members of the Maasai community mainly farmers and livestock keepers; who had staged a demonstration on the Mombasa highway, protesting over destruction of their crops by marauding elephants.

On the fateful day, they were demonstrating over the death of a primary school teacher who was trampled to death by an elephant in the previous week.

Since the mob outnumbered the officers, their drivers were unable to either reverse the motor vehicles or move forward, forcing them to alight despite the continuing throwing stones.

One of their seniors directed an officer to fire in the air but the crowd allegedly surged towards them and the drivers managed to escape leaving them behind.

Kassim was hit by a weapon that could not be identified at the time since it was fast and could have been a panga or a stone or a rungu and fell unconscious and his riffle fell aside.

They said PC Chikara made effort to rush and take the fallen rifle and he was also hit on the head and on the leg as the mob was coming on to him to try and take away the rifle, consequently harming him as well.

The pressure and the situation was getting worse and upon site that the applicants team was getting overwhelmed; they were forced to all fire one round of ammunition in the air in a bid to disperse the mob and rioters.

The mob was persistent; knowing too well that they had outnumbered the applicants. Subsequently, the applicants again fired ammunition in the air as they tried to evacuate casualties to safety being Pc Chakar and PC Kassim.

That of greater importance and of public interest; amidst them, there were high flammable petrol tankers and trucks numbering over 100 which were the closest to the scene, while the bon fires were still ablaze. There were also over 100 passenger vehicles who were still stuck in traffic, also being hit by the rioters,” says the officers.

This prompted the officers in view of public interest of the civilians trapped in traffic jam together with the high flammable petrol tanks; to fire more in the air in order to push them further away in a bid not to have more casualties.

“The 1st applicant confirmed his team; most of them had suffered injuries from the lethal weapons and himself had also sustained head injuries in the head, neck and hip. It was imperative that they sought medical attention immediately since it was a war with a community that is known to carry weapons such as bows, arrows, pangas which may very well be laced,” the court documents read.

DIRECTOR DENIES STEALING SH10 MILLION FROM PETROLEUM FIRM

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Sunspot petroleum limited Abdighan Abdirhaman Abdi before Court where he denied stealing Sh10 million. /PHOTO BY S.A.N.

BY NT CORRESPONDENT.

A director of petroleum firm has been charged with stealing over Sh10 million from the company.

Abdighan Abdirhaman Abdi of Sunspot petroleum limited appeared before Milimani Chief Magistrate Wendy Kagendo and denied the charges.

Abdirhaman is accused of stealing Sh10.2 million from the company which came into his possession as the director.

It is alleged that he stole the money on diverse dates between 3 November last year and 31st August this year at Diamond Trust Bank Koinange Branch, in Nairobi County.

The charge sheet produced in court stated that he forged resolution of Board of directors meeting of Sunspot held on 12th October, 2020 purporting to be genuine and endorsed and signed by Hafsa Bulhan Hussein a director of the said company, with intent to defraud.

It is alleged that he committed the offence on or before October 2020 at unknown place jointly with others not before court.

Abdirhaman was further accused of forging the notice of change of Directors particulars (Form CR7) Registrar of Companies purporting it to be genuine, lodged and signed by Bulhan the director of the said company.

The court heard that he committed the offence on January 1, 2021 at unknown place in the country jointly with others not before court, with intent to defraud

The accused persons was also charged with forgery and was remanded at Kileleshwa police station pending investigations into reported case where his father is alleged to have threatened Bulhan with death and to harm his family.

This is after the complainant lawyer vehemently opposed the accused to be released on bail.

KISII RESIDENT WANTS TO BLOCK PROPOSED PSS FOR LACK OF REGIONAL, ETHNIC AND GENDER BALANCE.

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Fredrick Bikeri lawyer Danstan Omari addressing Court reporters at Milimani Law Courts building after filing a case seeking to block PS nominees before Parliament./PHOTO BY S.A.N.

BY SAM ALFAN.

A Nyamira resident has moved to court to stop parliament from vetting the 51 Principal Secretaries nominated to various positions by President William Ruto.

Fredrick Bikeri wants the court to restrain the National Assembly from receiving the list of nominees, vetting or in any way proceeding, processing for appointment the list of the 51 PSs.

“It is in the interest of justice, fairness, constitutionalism, enforcing fair labour practices, ensuring inclusivity that this matter is heard urgently and orders sought granted,” says Bikeri.

Through lawyer Danstan Omari, Bikeri argues that the list lacks ethnic, gender balance and face of the 43 tribes of Kenya.

“If this court does not stop this process, national assembly will be debating or vetting an illegal list which is unconstitutional and which does not reflect the principles of governance,” Omari said.

He adds that the actions of the National Assembly may lead to autocratic governance, exclusion of all concerned parties and as a result, loss of public confidence to the detriment of many other communities in the country.

“It is important to maintain constitutionalism, rule of law, good governance, non-discrimination and protecting of the Constitution for the best interest of the larger public,” he adds.

The petitioner argues that President Ruto nominated the PSs pursuant to article 155 of the Constitution and which list has been transmitted to the National Assembly for vetting and approval.

He argues that the said list of nominees does not reflect nor ensure gender balance, regional balance, tribal balance, inclusivity of marginalized contrary to the tenants of good governance as demanded by article various Articles of the Constitution.

“The actions of the President in nominating who are seemingly close to him in exclusion of those perceived to be in opposition does not reflect his essence as a symbol of national unity and who ought to apply in total he principles of good governance as e listed in article 10 of the Constitution,” says Bikeri.

He adds that the Kisii community and in particular Nyamira county has not gotten any slot(s) in the purported nomination which is a clear departure from principle of inclusivity and good governance envisaged in article 10 of the Constitution.

According to the petitioner there is no justification whatsoever why the impugned nominations do not depict national representation including but not limited to the youth, people with disability, the marginalized, the elderly among others.

He adds that the nominees will not suffer any prejudice if the orders sought are granted and if the rule of law, constitutionalism, fair la our practices and inclusivity is embraced.

CIVIL SERVANT AND ACCOMPLICE CHARGED WITH OBTAINING OVER A MILLION FROM TENANTS PROMISING TO GET GOVERNMENT AFFORDABLE HOUSES.

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Fredrick Gichuhi Njenga and Sheila Kamathi before Milimani Chief Magistrate Courts where denied obtaining money from various people./PHOTO BY S.A.N.

BY NT CORRESPONDENT.

Two people among them a civil servant have been charged with obtaining over Sh1 million by pretending they would facilitate tenants acquire an affordable government houses in Ngara.

Fredrick Gichuhi Njenga and Sheila Kamathi, a government employee working at Huduma center appeared before Milimani Chief Magistrate Wendy Kagendo and denied fraud charges.

They are accused of jointly obtaining Sh623, 000 from Samuel Kamau pretending they would facilitate him to acquire an affordable government funded houses located at Park road in Ngara.

The charges stated that they obtained the money between 17 September last year and 15th March, 2022 in Nairobi. They claimed that the houses were ready for sale under Tenants purchase scheme.

The prosecution further claimed the duo obtained Sh400,000 from Samuel Machira Mungai pretending the wound facilitate him to acquire affordable government houses Unit no. B18 located at Park road in Ngara. The court heard that they committed the offence between September 21, and December 11, last year.

They are also accused of obtaining Sh200, 000 from Lucy Njeri Karanja pretending they would facilitate her to buy the said government houses in Ngara.

The accused are further charged with obtaining Sh200, 000 from Patrick Mungai Wambugu and another Sh200, 000 from George Kinyua Njuguna by pretending they would facilitate them to buy the government houses.

They are facing other charges of conspiracy to defraud.

They were released on a cash bail of Sh200,000

‘MONEY’ DEMON STRIKES THE HEART OF METHODIST CHURCH, COURT INTERVENES.

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Revered Joseph Ntombura with his lawyer Danstan Omari (center) and Kenya Methodist University (KEMU) Deputy Vice Chancellor Dr. Mary Kinoti addressing journalists at Methodist Resort and Conference Center./PHOTO BY IRENE ONYANGO.
  • Ex-Bishops plan to disrupt KEMU Graduation.
  • Court Issues order to stop interruption.

BY NT REPORTER

The Court in Meru has ordered for police reinforcement during KEMU university’s graduation ceremony to be held on Saturday 5, 2022.

This is following threats by a section of methodist church clergy to disrupt the graduation over ongoing wrangles between two functionaries of the church.

The court ordered police to keep vigil and ensure the Kenya Methodist University graduation proceeds without interruption and that demonstrations ordered be stopped forthwith.

Principal Magistrate A. Munene mandated Meru OCS to ensure there is peace and that nobody interrupts the 22nd Graduation Ceremony to be held at Kenya Methodist University main campus in Meru.

Bishop Joseph Ntombura and the registered trustees of the Methodist church sought court intervention to ensure security is maintained following threats by former bishops and other members of the church to disrupt the function.

They moved to court seeking to restrain the rival group, their agents, servants, employees or other parties through whom instructions they act in any  way from,  interrupting,  interfering,  invading,  distracting,  causing commotion and or hindering a peaceful convention of the 22nd Graduation Ceremony of the Kenya Methodist University , scheduled to take place at the Graduation Square Main Campus, Meru.

“The applicants are apprehensive of their safety and peace during the said peaceful procession , for reasons that , there has been threats or rivalry between themselves and respondents who are members of Methodist church on number of occasions,” says officials.

The bishop also wrote to the Nairobi County Police Commander in regards to a letter by the former church members seeking to hold peaceful procession and prayers on 5th November.

Through lawyer Danstan Omari, the church said that the writers of the said letter are not known to them and is highly likely that they have ill-intentions and hiding behind a veil dubbed “concerned methodists”.

The church has been engaged in a legal tussle with former church officials who allegedly want to take over ownership of the church assets among them lands and the university estimated to cost over Ksh. 400 Billion.

According to Bishop Ntombura and registered trustees,around 3rd  December last year, there was leadership wrangles, the rival group, their servants, employees or other parties through whom instructions they act in invaded the Methodist Church and broke a glass door and during the said incidence, some of the Respondents their agents, servants, employees or other parties through whose instructions they may have acted from were armed, thus frightening the Applicants and their employees and causing fear amongst other members of the church.

They add after the said incidence and on the same day, the Respondents their agents, servants, employees or other parties who associated with them, issued a press release which was defamatory in nature tinting the image, reputation or goodwill of Bishop Ntombura.

They had ever since the said incidences happened, Bishop Ntombura and the registered trustees are living under fear since they are apprehensive of their safety, having seen how cruel the Respondents, their servants, employees or other parties through whom instructions they act in have acted before.

KARUA HEADS TO THE REGIONAL COURT OVER AUGUST PRESIDENTIAL ELECTION.

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NARC-Kenya party leader Martha Karua who has moved to the East Africa Court of Justice over August 9 presidential election./PHOTO BY S.A.N.

BY SAM ALFAN.

Raila Odinga’s running mate in the August 9 presidential polls Martha Karua has moved to the East Africa Court of Justice after Kenya’s Supreme Court dismissed a petition challenging William Ruto’s win.

Karua who is NARC-Kenya party leader filed a reference in the Arusha-based court seeking a declaration that the contested polls were not held in compliance with the appliilaws.

The former minister has maintained that although Ruto win was upheld by the Supreme Court, she will not recognize him as the President.

In the reference, Karua says the Attorney General’s acts and omissions violated principles of the rule of law, good governance and human and peoples’ rights as enshrined in the EAC Treaty, and other African and international law.

Karua also wants the EAC court to declare that the presidential elections and the results declared was not done in accordance with the provisions of the electoral laws and the principles governing elections.

” A declaration that the 2nd Respondent, being the person charged with responsibility for ensuring compliance by the Community with the applicable treaty and other standards governing the conduct of elections, failed or neglected to take necessary steps to ensure that the elections aforesaid complied with the EAC Treaty,” pleads Karua.

She seeks for an order directing the Attorney General to conduct prompt, efficient, impartial, transparent, independent and professional investigations into all violations enumerated above, and to bring all those responsible to justice.

Karua also wants the EAC to issue an order that the Attorney General to make full reparations, including paying compensation and damages to her and survivors.

“An order directing the 1st Respondent to take measures that foster rehabilitation, including provision of medical, psychological, legal and social services to survivors and their relatives,” adds Karua.

According to Karua, Attorney General should issue a public apology to the survivors and their relatives and also to adopt constitutional, legislative, policy, institutional, administrative and other measures to remedy the violations of her rights.

She further wants the EAC Court to issue permanent order restraining the Uganda Peoples’ Defence Forces (UPDF), Special Forces Command (SFC) and the intelligence services from involving themselves or interfering with civilian policing, or with electoral processes in future

In her court documents, she shall adduce evidence and arguments at the trial to prove that president William Ruto was declared by the Independent Electoral and Boundaries Commission (IEBC) of Kenya on 15th August,2022, and affirmed by the Supreme Court of Kenya on 05th August 2022, as having been duly elected as President was announced and affirmed in clear violation of the applicable laws.

She further adds that the said IEBC failed to conduct the elections or to announce the results, and further that the Supreme Court of Kenya failed to properly adjudicate the resultant disputes, in accordance with the Constitution and laws of Kenya, as well as applicable EAC law, AU treaty law, international law and the principles governing elections and electoral dispute resolution.

She said the non-compliance completely vitiated the announcement and the election.

In her statement of filing, Karua adds that the Supreme Court undermined the rule of law by violating the right to a fair trial. It did not allow for a proper scrutiny of the election technology, and, where it did, it surrendered its conduct to one of the parties, thus the IEBC and declined to hear the petitioners’ findings.

She says the scrutiny of a sample of ballot papers uncovered multiple serious errors and breaches of electoral laws and regulations, but to no legal effect.

The Court also found that the Chairperson of the IEBC conducted the election in an unlawful manner, but these findings, again, had no legal consequences.

She adds their petitions were dismissed with epithets and name-calling and they believe this conduct, so uncharacteristic of an apex court, was an attempt to clothe the Supreme Court judges’ refusal to consider the available evidence with some spurious semblance of legitimacy.

CJ KOOME CALLS FOR PRIORITISATION OF CHILDREN MATTERS.

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Chief Justice Martha Koome during the launch of of of this year’s Children Service Month.

BY SAM ALFAN.

Chief Justice Martha Koome has decried low funding to sectors handling children matters as she called for an increase in budgetary allocation to speed up hearing of cases involving minors.

The Judiciary boss acknowledged the limitation in funding and budgetary allocation across all justice agencies handling children matters to enhance and protect the rights of minors.

Speaking during the launch of of this year’s Children Service Month, CJ Koome directed all courts across the country to hold the Annual November Service Month on Children Matters.

This she said will not only clear backlog of children cases but also to promote the rights of the child within the communities.

‘As we embark on this years’ Service Month, let us prioritize clearance of the Children matters, especially those that have been in courts beyond the statutory six months,” said the CJ.

According to the CJ, the backlog of children cases is yet to be dealt with fully.

She, however, pointed out that the Judiciary has institutionalised the Service Weeks as an intervention to deal with this concern.

CJ Koome added that the past experience with Service Weeks mounted in past years shows that has been a useful intervention in tackling the problem of backlog.

“For example, due to the collaborative efforts of the justice agencies, last years’ Service Month saw 1,825 cases resolved. This shows the great potential of this initiative. Therefore, I congratulate and thank my colleagues in the Judiciary and the Court User Committees for responding to the call to enhance the rights of the child during the Service Month,” said CJ

The CJ added that to further consolidate on the gains, they must also promote the multi-door approach to disputes resolution.

“I therefore direct that cases of children in conflict with the law should be diverted at first instance. In so doing, I call upon the Secretary on Children Services and the Department of Probation and After Care Service to collaborate on development of diversion programs which will help our children in their rehabilitation”.

She also directed that as indicated in section 225 of the Children Act – Every court in dealing with a child who is brought before it shall have regard to the best interests of the child and shall take steps for removing him or her from undesirable surroundings and for securing that proper provision may be made for his or her maintenance, education, and training.

She further urged Judges and Judicial Officers to utilize virtual courts to enhance expeditious access to justice for children cases.

CJ Koome reiterated that the court process must not be abused as a place of discipline or reform for our children.

“I implore you to utilize other avenues like counselling and religious instructions to help with instilling discipline and values for the children,” added the CJ.

The Judiciary boss also encouraged establishment of Children Court User Committees, which are instrumental in coordinating the delivery of justice in children matters and act as a vehicle to sensitize the community on matters related to child justice.

She recognized Kakuma Law Courts and Machakos Law Courts for launching their Children Court User Committees to ensure that the CUC focuses and includes officers handling children in the system.

TWO CHARGED WITH FRAUD.

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Lucy Wanjiru Njoroge and Zakariah Maina Ndibaru before Milimani Magistrate Courts where they denied fraud charges./PHOTO BY S.A.N.

BY IRENE ONYANGO.

Two people have been charged with conspiracy to defraud a family of their land valued at Sh14 million by false pretense.

Lucy Wanjiru Njoroge and Zakariah Maina Ndibaru appeared before Milimani Chief Magistrate Wendy Kagendo over claims of trying to defraud the family of the late Joseph Kimani Kibui a parcel of land measuring 0.1 hectares located in Ongata Rongai, Kajiado County.

The charges stated that jointly conspired to defraud the estate of the land, an offence they allegedly committed on diverse dates between August 12, 1977 and April 15, 2015 at unknown place.

Wanjiru is accused of making a false title deed in her name purporting it to be genuine, signed and issued by the land registrar Kajiado North. She allegedly committed the offence on or before 15th April 2015 at unknown place in Kenya, jointly with others not before court.

She is also accused that on unknown date and place within the republic of Kenya, jointly with others not before court, with intent to defraud estate, she forged a signature on the green card for the land, purporting it to be genuine entry signed by Land registrar Joseph Mulinge Munguti.

According to the charge sheet produced in court, Wanjiru and Maina intermeddled with the property on or before 15th April 2015 at unknown place, without grant of representation or any other written law.

The court heard that Wanjiru further obtained Sh3 million from Paul Wakanya Kamau by falsely pretending that she was in a position to sell him a parcel of land.

She is alleged to have committed the offence on diverse dates between December 11, 2020 and February 28, 2021 in Nairobi, with intent to defraud.

She was released a cash bail of Sh 1 million and Maina was ordered to deposit cash bail of Sh 100,000