Vihiga MP Yusuf Chanzu who could lose his Sh45 million worth Karen home after auctioneers announced that they will sell it off.
BY NT CORRESPONDENT.

Vihiga MP Yusuf Chanzu could lose his Sh45 million worth Karen home after auctioneers announced that they will sell it off.

In a ruling by Justice Msagha Mbogholi, the High Court declined to issue an order stopping Equity bank and Capital Construction Company from taking over the property.

However the court allowed Chanzu’s wife Ms Jamila Oyoo Chanzu to deposit security in order to save their Sh45,634,544.07 property from being auctioned.

“I am not persuaded that a stay should be granted and I therefore decline to allow the same, I shall allow Ms Chanzu to post a security before the fall of the hammer at 11 am Wednesday 29,” Justice Mbogholi Msagha said.

The dispute arises from a Sh19 million loan which Mr Chanzu took from Equity Bank in November 2007.

But as at April 25, the outstanding debt stood at Sh45, 634,544.07.

Two years ago, Mr Chanzu had first moved to the High Court seeking to stop the bank from advertising for sale, disposing of, selling by private treaty or otherwise interfering with his possession, occupation and use of the residence.

However, suspended judge Joseph Mutava declined to issue orders against the bank and a subsequent ruling by the Appellate Court upheld his verdict.

Human right Activists Henry Kioko who is seeking the court to bar three politicians to sit in a joint committee formed to give proposals on whether to disband the IEBC at Milimani Law Courts on June 29,2016.
BY THOMAS KARIUKI.

A political crusader has asked the court to bar three politicians to sit in a joint committee formed to give proposals on whether to disband the IEBC.

The politicians Gatundu South MP Moses Kuria and Junet Mohammed (Suna East), and Machakos Senator Johnstone Muthama are facing criminal charges over counter-hate remarks they made concerning each other.

Mr Henry Kioko said that their participation will be unconstitutional as they lack integrity.

He therefore wants the court to issue an order blocking them from taking roles in the committee, pending determination of their hate speech cases.

Jubilee has named seven legislators to take part in the IEBC dialogue, a day after the opposition unveiled its team. Moses Kuria was dropped from the jubilee luminaries.

The committee will inquire into allegations raised against IEBC commissioners and the secretariat.

Cord has also accused the commission of lacking the capacity to handle the August 2017 general election and frustrating their efforts for the Okoa Kenya referendum.

The coalition had been holding demonstrations to forcefully remove commissioners and have the IEBC reformed.

The alleged masterminds of NYS scandal businessman Ben Gethi at Milimani law court’s.
BY SAM ALFAN.

The DPP has the greenlight now to charge 11 suspects alleged to have squandered Sh791 million belonging to the national youth kitty scandal.

Among those to be charged are alleged masterminds businessman Ben Gethi, his mother charity Wangui, businesswoman Josephine Kabura and lawyer Patrick Ogolla.

They had asked Justice Joseph Onguto to stop their prosecution saying it has not been proven that they laundered the money.

Judge Onguto said DPP Keriako Tobiko does not have to prove this before the suspects are formally

He acknowledged that the offence is new but said it can stand alone where there is evidence.

The judge also noted that there are only a few circumstances under which the court can interfere with the DPP’s power of prosecution.

He also declined to delay their trial by another 14 days to allow the suspects to appeal his decision.

Law Society of Kenya president Isaac Okero.
BY SAM ALFAN.

LSK has today June 29, 2016 held marches in solidarity with one of their missing members.

They were also clad on purple ribbons.

In a statement to newsrooms, the Law Society of Kenya had called on the Inspector General of Police and Ipoa to address increasing cases of disappearance of lawyers and clients in the hands of police.

“LSK calls upon all its members to don purple ribbons to show solidarity with our missing brother Willie Kimani, to remember our brother Albert Muriuki, and to demonstrate that we pray for Willie’s safe return and that of his two companions,” LSK president Isaac Okero said.

Lawyer Willie was working as an investigator with International Justice Mission together with his client Josephat Mwendwa and their taxi driver Joseph Muiruri when they went missing on June 23.

Willie’s employer said he believed they may have been abducted after attending court in Mavoko for a case involving an officer of the Administration Police.

“Willie Kimani, his client Josephat Mwendwa and their driver Joseph Muiruri must be found,” Okero said.

LSK said increasing intimidation against their members, particularly those handling criminal cases, is unacceptable.

“It is an outrage that this is happening in our country. If criminals know that ‘taking out’ advocates and witnesses is the way to succeed in court then the justice system and the rule of law begin to crumble. This climate of terror must end,” he said.

Supreme Court Judge,Justice Njoki Susanna Ndungu who will face a special committee appointed by JSC to investigate her alleged misconduct.
BY SAM ALFAN.

Judicial Service Commission (JSC) has asked the high court to surrender a disciplinary case it is handling concerning a judge of the Supreme Court.

The judicial commission also wants the lower court to consent to Supreme Court Judge Njoki Ndungu facing a special committee appointed by JSC to investigate her alleged misconduct.

In a response to Judge Ndungu’s petition contesting the mandate of the committee formed to investigate her, Chief Registrar Ann Amadi affirmed the panel composition saying it is competent and will determine whether an allegation of judicial misconduct is merited or unmerited.

CRJ also held that the constitutional responsibility for determining the merits of any claim of judicial misconduct of a judge lies with the JSC and not with the court.

“The petitioner is wrong in attempting to shift the locus for determination of the merits of the particular misconduct claims, since the constitution provides that merits of any claim be determined by a tribunal to be appointed by the President with right of appeal to the Supreme Court,” she states.

Ms Amadi says that JSC intends to give the judge an opportunity to be heard in the event that alleged claims may give rise to a recommendation for the appointment of a tribunal to investigate claims of misconduct.

“The court should decline to consider substantive matters touching on the confidential minutes since this would require the court to invite the various judges of the Supreme Court to give evidence before the High Court and be cross-examined on judicial deliberations,” she states.

Justice Ndungu is aggrieved following the decision to probe her conduct over the manner in which she handled an election petition filed by Kanu Secretary General Nick Salat in which she deliberated on the retirement age of judges.

The committee was set up on February 29, 2016 following a complaint by former LSK Chief Executive Officer Lawyer Apollo Mboya.

Hearing resumes on July 11 before Judge Joseph Onguto.