Eight NYS scam suspects at Milimani law courts on Friday May 20,2016.
BY SAM ALFAN.

A fresh bid to charge 11 suspects linked to the loss of Sh791 million National Youth Service (NYS) money failed for the fifth time on Friday, May 20.

This is after the Director of Public Prosecutions (DPP) sought an adjournment to respond to a preliminary objection from the suspects’ lawyers to money laundering charges against them.

On Friday, the trial court was forced to defer proceedings against Ms Josephine Kabura, businessman Ben Gethi and nine others to June 10.

However, Chief Magistrate Daniel Ogembo warned parties in the case that he would not “entertain further” delays in the intended suit.

The suspects have filed a notice of motion opposing the money laundering charges arising from investigations involving the alleged theft of Sh791 million at NYS headquarters.

One of the lawyers, Patrick Ogola, has already obtained a stay order against the pending prosecution.

It was the fifth time the money laundering charges were being deferred; the suspects are challenging the jurisdiction of the court to charge them arguing that “the plea should not be taken.”

The court has ordered the suspects to be present for the hearing of the preliminary objection on June 10.
Fresh summons were issued to Charity Wangui, who is said to be Ben Gethi’s mother, and who has been challenging her inclusion in the criminal case.

“My reply is in soft copy and seeks time to file and serve all parties by May 26,” Assistant Director of Public Prosecutions Victor Mule said.

The 11 suspects are required in the chief magistrate’s court in Milimani, Nairobi, to answer to 15 counts of money laundering.

They are alleged to have jointly engaged in an arrangement for the purchase of motor vehicles and plots while knowing that the money they were using was from proceeds of crime, the prosecution says.

CORD principals Raila Odinga,Kalonzo Musyoka,Bungoma Senator Moses Wetangula and his Kakamega counterpart Bonny Khalwale at Milimani law courts.
BY THOMAS KARIUKI.

Jubilee MPs have asked the court to punish Cord chiefs Raila Odinga, Kalonzo Musyoka and Moses Wetangula over violent protests they have been fueling every Monday.

A suit against them was filed on Friday May 20 and certified urgent. It will be heard on Monday where the Cord coalition is expected to appear.

They said that RAILA, KALONZO, WETANG’ULA, and ORENGO have declined to obey orders issued on April 29 against violent protests, yet the said orders were granted in the presence of the Cord lawyers and published in the Nation newspaper of May 8 2016.

Jubilee MPs said the order is neither onerous nor ambiguous in any respect yet they have openly defied it.

They say that Cord failed to petition parliament or initiate any complaint against any IEBC commissioner and instead marched to the offices at Anniversary Towers, blowing whistles while inciting a crowd of followers bearing placards emblazoned with the words “IEBC MUST GO”, “THIEVES CANNOT SUPERVISE ELECTIONS”, and such like messages, uttering words to forcibly demand the removal of the IEBC Commissioners from office.

The MPs say that the contemnors while alleging that they have “unlimited, unrestricted, and blanket rights” under Article 37 of the Constitution to “agitate” for the resignation, vacation from office of the commissioners have failed to adhere to the lawful process of addressing such issues as envisaged in the order.

Through their lawyer Harisson Kinyanjui, they say that the gravity of the contempt is so heavy that imposition of a custodial sentence is necessary for public protection.

“Kenyan Nation in the Comity of Nations stands to suffer grave attrition with the threatened and further contumacious acts of the Contemnors as Kenya is due to host a Global UNEP Summit on May 23 2016 running to May 27 2016,” they say.

Necessitating the court’s intervention, Jubilee says that Cord on May 23 2016 has stated they will once again block the ingress and egress of the IEBC’s head office at Anniversary Towers, University Way.

“The contemnors have denigrated the Constitution in seeking to force the removal and/or un-contemplated and totally unwarranted resignation of the IEBC Commissioners on trumped up allegations of unfounded bias,” the MPs said.

Fomenting public unrest in violation of the court order, they say is no justification for the Cord leaders to advance their political Agenda in Kenya where the Principle of the Rule of Law is the binding element.

Former Tourism Permanent Secretary Rebecca Nabutola and one time Kenya Tourism Board Managing Director Dr Achieng Ong’ong’a before high court criminal division at Milimani law Courts where they lost an appeal challenging their conviction on Thursday May 18,2016.

BY THOMAS KARIUKI.

A Nairobi court has ordered the imprisonment of former Tourism PS Rebecca Nabutola with Tourism Board Managing Director Dr Achieng Ong’ong’a over corruption.

The two high-profile individuals will face a one year jail term or pay a fine of Sh500, 000 for their freedom.

Ex-PS Nabutola and the co-accused Dr Ong’ong’a lost an appeal challenging their conviction.

High Court Judge Ngenye Macharia upheld their conviction over willful failure to comply with procurement procedures in which the government lost

The judge however quashed their conviction on five other counts including abuse of office, making payments for services which were not rendered, conspiracy to defraud the government, conflict of interest and making payments of government revenue without accounting.

Nabutola had in 2012 been jailed for four years while Ong’ong’a was set to serve three years in prison.

In addition, Nabutola was required to pay a fine of Sh1 million and in default serve a further two years in jail, while Ong’ong’a was to pay Sh1.5 million or serve two more years.

Tour Operator Duncan Muriuki who was charged alongside the PS and the MD was sent to prison for seven years without the option of a fine.

Muriuki was also to pay Sh17.8 million in fines or serve three years in default.

Anti-corruption court magistrate Lucy Nyambura also directed Muriuki to refund Sh800, 000 to the Republic of Kenya and a further Sh500, 000 to the government failure to which he will serve a further one year in prison.

In her findings the magistrate said that the prosecution had proved the case against beyond reasonable doubt.

The trio was charged in May 2009 following recommendations by the defunct Kenya Anti-Corruption Commission.

The case involved investigations into an illegal payment made to a tour company belonging to Muriuki that coordinated a visit to the Mara by President Mwai Kibaki and other top government officials.

According to the prosecution, the procurement procedures were flouted in awarding the tender to the firm that organised the tour, and blamed the PS and the former KTB boss for failing to follow laid down regulations.

“The Permanent Secretary participated in appointing the said tour company and indeed communicated the appointment to the Catering and Tourism Development Levy Trustees. She also issued instructions for payment of a further Sh400,000 to the said tour company despite the fact that the sum of Sh8,925,444, which was highly exaggerated, had not been accounted for,” according to a statement from KACC in April of 2009.

Nabutola was also charged with the offence of abuse of office contrary to Section 46 of the Anti-Corruption and Economic Crimes Act 2003 and willful failure to comply with the law relating to procurement contrary to Section 45(2) (b) of the Anti-Corruption and Economic Crimes Act 2003.

Nuseba Mohamed Haji who has been detained for 20 days to allow anti-terror Police Unit to complete their investigation’s over Nuseba’s plan terror attack against Kenyans.
SAM ALFAN.

A woman accused of planning a terror attack against Kenyans has been be remanded for 20 days at the Anti-terrorism Police Unit headquarters.                 
This is after a Nairobi court allowed an application by the police seeking more time to investigate
Nuseba Mohamed Haji.

“There’s a compelling reasons as to why the accused person should remain in custody pending investigations” the court ruled.

She further said some of the suspects Haji associated with were still at large.

Nuseba Mohamed Haji was arrested on May 1st at Entebbe airport in Uganda and then transferred to Kenya over links to other terror suspects.

She together with her husband and others are alleged to have been planning a biochemical attack in Kenya.

The suspect who was a medical student in Uganda, till her apprehension, was attached to Mubende Hospital in Uganda and has several alias names which are currently being analyzed.

Her husband (Mohamed Abdi Ali) was also arraigned in court over a similar offence.

The husband was also attached in a hospital in Kitale, Kenya.

The police also requested for more time to complete investigations on Haji including phone details from Kenya and Uganda.

A warrant of arrest has also been issued on two other suspects (Farah Dagane and Ahmed Hish) from Kitale who went into hiding after Haji’s was apprehended.

The matter will be mentioned on June 6, 2016.

Chief Justice Dr Willy Mutunga.

BY THOMAS KARIUKI.

The Judiciary has strongly denied that Chief Justice Dr Willy Mutunga’s appointment was doctored after consultations with the former Prime Minister Raila Odinga and an approval by the 10th parliament.

Chief Registrar of the Judiciary Ms Anne Amadi in a response to allegations by a lawyer told the court that “It is therefore incorrect for the petitioner to claim that the appointment 1^st respondent as the chief justice of the supreme court of Kenya was doctored by any person more so one Ahmednasir Abdullahi.”

She said that the process that led to the appointment of the CJ was competitive and transparent in that then President Mwai Kibaki subject to National Accord and Reconciliation Act and after consultation with the former Prime Minister and with the approval of the national assembly, which upon interrogation of Dr Mutunga duly approved his appointment.

The lawyer, Michael Osundwa Swaka had sued CJ Mutunga alleging that various transfers he made to judges were manipulated by SC Ahmednasir Abdullahi.

Ms Amadi said that the transfer of judges was not intended to pre-empt the posting of judges prior to the CJ’s early retirement which is entirely a voluntary decision.

Dr Mutunga, she said did it in good faith and in lawful performance of his judicial duty.

“The petition herein is incompetent and vexatious and raises no cause of action capable of determination by this honourable court,” the registrar said.

Ms Amadi added that the discretion to transfer judges is vested in the Chief Justice pursuant to the Constitution, the Judicial Service Act and the High Court (Organisation and Administrative) Act.

She also challenged the aggrieved lawyer to address the issue of appointment of the CJ in the relevant forum that have been put in place and that he should refrain from abusing the court process.

Through her lawyer Okongo Omogeni, the registrar said that in the transfer the CJ took into account the newly created High Court stations which were geared towards bringing justice closer to the people.

Mr Omogeni held that the transfer of judges will lead to the clearing of case backlog as opposed to creating a backlog of cases as alluded to by the petitioner.

He also denied allegations that the CJ was contemplating the allocation of specific files to certain judges.

The petitioner has not demonstrated any prejudice to be occasioned whatsoever either by the actions of the CJ or by the court declining to grant conservatory orders sought.

Ms Amadi consequently asked the High Court to dismiss the suit.

CORD 14 supporters charged with disturbing the city’s peace at Milimani law courts on Tuesday May 17,2017.

BY SAM ALFAN

Youth who participated in Monday CORD’s anti-IEBC protests have been charged with disturbing the city’s peace.

The fifteen were charged with three charges of unlawful assembly, going to the public while armed with stones and creating disturbance in a manner likely to cause a breach of peace.

They denied the charges and were freed on a Sh50, 000 bond or a cash bail of Sh3000 each by chief magistrate Daniel Ogembo.

The youths had earlier admitted to the charge of participating in the protests but later changed their prior stand following an intervention by Cord coalition lawyers Anthony Oluoch and Harun Ndumbi who asked them to deny the charges.

CM Ogembo also ordered police to produce another suspect Albanus Munyao, who is hospitalised, on Thursday.

The case will be heard on July 21.

Lawyer Ham Lagat shakes his colleague lawyer Felix Kiprono’s hand after the high court suspended a decision by water CS Eugene Wamalwa dissolving the Irrigation board    BY Sam Alfan
The high court has suspended a decision  by Water and Irrigation CS Eugene wamalwa to dissolve the National Irrigation Board (NIB).
Delivering a ruling on May 16, Justice  George Odunga said that the minister acted in excess of his powers to disband the board.
He said that pending the hearing and determination of the application filed by lawyer Felex Mategei, the board should  continue carrying out its business.
The CS dissolved the board on Thursday last week following a standoff between him and some of its members over the suspension of the General Manager Daniel Barasa and two other senior managers – Mary Chomba and Boaz Akello.
The three are accused financial impropriety.
Mr Wamalwa on May 12 disbanded NIB for allegedly defying his directive to reinstate suspended management members.
The CS had ordered the board members to unconditionally reinstate the suspended managers failure to which the board will stand disbanded.
CS Wamalwa said that the board had not consulted him before suspending the chief executive officer and  law was not followed.
“ The CS decision  to dissolve the board  is unconstitutional and illegal as it tends to depict on the face of it enormous bias and breach of the laws governing  state corporations,” the Judge said.
He had opposed the suspension of the three managers on the grounds that  the board acted um-procedurally.
He had ordered the board, chaired by Dr Sammy Letema, to reinstate the managers  failure to  which he would invoke his powers as the CS to dissolve it.
His contention is that the board was never informed in writing of the CS decision to disband it  and it was until they saw it in the media .
Mategi further says the purported dissolution and appointment of … Gitonga Mugambi.. as acting CEO sends a dangerous precedent and the spirit of separation of powers  and the rule of law.
The case will be heard on May 31 2016.