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IPOA WARNS OPPOSITION AGAINST CAUSING CHAOS DURING PROTESTS.

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    Opposition leaders Raila Odinga,Moses Wetangula,Kalonza Musyoka and senator who has been warned by Independent policing Authority from causing chaos.
    BY THOMAS KARIUKI.

The Independent Policing Oversight Authority (IPOA) says that the opposition led by Mr Raila Odinga should comply with the order barring violent demonstrations against IEBC commissioners.

An order given by Justice Isaac Lenaola restrained the opposition from storming, removing commissioners or destroying property of the Independent Electoral and Boundaries Commission.

IPOA says that willful disobedience of a court order is untenable in a democratic society that professes its belief in the rule of law.

“It cannot be expected of the government to obey court orders while the opposition does otherwise. It also cannot be expected of the service to observe the law while other members of the public or political class break it with reckless abandon,” IPOA held.

In a statement sent to newsrooms, the policing authority said that the law must be adhered to by all regardless of their status. “This is the only way we can realize the gains enshrined in our constitution.”

“We advise the public against protests that are not peaceful and that breach the court order, to avoid pitting public against the police,” the statement continued.

The policing authority further stated that they were shocked by a recent chaotic scene where police officers providing VIP protection were in confrontation with their counterparts in regular service. This occurrence “must not be repeated.”

In the statement, the authority contends that nowhere in the world can a disciplined service be allowed to degenerate to a level of engaging each other in such manner as it is a recipe of chaos.

Additionally, the authority gave the Inspector General of police a green flag to take action against offending members of the service if they break the law.

They also cautioned the police to strictly in compliance with the law, to avoid the use of force and if prompted to be exercised only to the extent that is necessary, ensuring it is as minimum as is reasonably practical, protecting lives and property of all.

The affirmation by the policing oversight comes days after the Inspector General of Police Mr Joseph Boinett warned officer attached to VIP protection to refrain from getting involved in situations that may be in breach of the law while accompanying their respective VIPs.

POLICE OFFICERS CHARGED FOR KILLING ENGINEER FRED OGOLA.

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Three Police officers Simon Gitonga, zacharia Kandie and Eric Momanyi Mosoti accused of killing  later Engineer Fred Ogolla Obando on the night of 6th and 7th day of April, 2012 in their police vehicle along Javabu road in kilimani at Milimani Law Court on Friday May 6,2016.
BY SAM ALFAN.

Three  police officers who caused the death of Engineer Fred Ogola Obado in Kilimani in 2012 have been charged in a Nairobi court.

The  trio Eric Momanyi Mosoti, Zacharia Kandie and  Simon Gitonga were paraded before  Nairobi Chief Magistrate Daniel Ogembo  where they  denied the  criminal indictment.

The  prosecution told court that the officers  on April 6 and 7 along  Jabavu road Kilimani within Nairobi County unlawfully Killed Engineer Obado who was in their custody.

The  accused were arrested on April 5 2016 and remained in police custody before they were produced in court to plead to the charge.

The trial court  ordered that each accused person be released on a Sh1 million bond  with one surety or  deposit a cash bail of  Sh 300,000 to secure their release pending   the hearing of the suit on July 5 2016.

The prosecution will call 23 witneses

Prosecution of the three officers was recommended by Senior Principal  Magistrate Joyce  Gandani who heard the inquest.

Ms Gandani recommended that three police constables be arrested  and  arraigned in court for failing to protect the deceased who died in their hands.

Engineer Ogalo was arrested by the officers from a pub at Nyayo Highrise on April 6 2012, the court found that the deceased was hit and pushed out of the lorry by the officers while he and  his colleagues were being taken to Kilimani police station.

The  trial magistrate who heard the inquest, recommended that  the corporal who  was in charge of the operation Benson Wafula be  charged with  the  offense of negligence of duty.

The magistrate further said inspector Lydia Mambo who was prosecution number 19 be also charged with offense of neglect of duty.

Corporal Wafula according  to the trial magistrate had refused to heed to cry of the people in the lorry  which he  could have  ordered to stop so as to attend to the deceased who had fallen.

Inspector Mambo was supposed to have   joined his colleagues but chose to go home while being aware  that she was on duty.

The court was satisfied with the evidence and  submission from the lawyer representing the family of the  deceased Mr Danston  Omari, that indeed Engineer of Ogolla’s death  was caused by the police.

The three officers  Momanyi, Kandie and Gitonga did not stop the lorry to attend to  the deceased who had been pushed  out of the vehicle, the court was told.

The officers had come up with a theory that the deceased had died through a road accident, but their evidence was thrashed by a medical report and the deceased’s colleagued who were bundled in same lorry.

PASTOR SENTENCED FOR LIFE FOR IMPREGNATING DAUGHTER.

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PastorPeter Wambua sentenced for life by a Makadara court for defiling and impregnating his 16 year-old daughter.

BY SAM ALFAN.

A 60 year-old pastor has been sentenced for life by a Makadara court for defiling and impregnating his 16 year-old daughter.

Principal Magistrate Eveline Olwande imprisoned Peter Wambua after finding him guilty of the offence committed at Njiru in 2012.

He was also found guilty for indecently touching his daughter.

The magistrate said, in her judgment, that the prosecution proved without doubt that the suspect had committed the offence.

The minor testified how her father had confronted her and told her that he had a dream she had been sleeping with another man. The pastor wanted to prove she was still a virgin by sleeping with her. The minor told the court that after failing to convince her father she was still a virgin, he forcefully committed the act when her mother was not home. After that she was defiled more than 20 times which led to her pregnancy.

After Wambua discovered his daughter was pregnant, he threatened to kill her if she disclosed the matter to anyone.

“Pastor” Wambua will now serve a life sentence.

 

MPs WILL HAVE TO FIGHT TO KEEP NEW CONSTITUENCY DEVELOPMENT FUND.

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Two non-governmental organizations lawyer Vincent Lempaa seeking to challenge the constitutionality of the National Government Constituency Development Fund Act (NGCDF) at Milimani law courts on Thursday May 5,2016.

BY SAM ALFAN.

Members of Parliament have to shift their battles to the court after two organisations took issue with the passing of a new Constituency Development Fund.

Two non-governmental organizations filed a petition seeking to challenge the constitutionality of the National Government Constituency Development Fund Act (NGCDF).

Ms Wanjiru Gikonyo, Coordinator for the Institute of Social Accountability and Mr Cornelius Oduor Opuot, the executive director of Centre for Enhancing Democracy and Good Governance, says that the new Act goes against the provisions of the constitution.

Through their lawyer Vincent Lempaa, they say that the role has been given to counties and thus amounts to duplication of roles.

The petitioners argue that the allocation of funds to the NGCDF before the vertical of revenue division between  the  County  and National Government is unconstitutional.

They also want the petition sent to the Chief Justice to constitute a three judge bench saying that it raises weighty issues of law. They argue the bench will give an informed determination.

Is the fund constitutional? They contest.

The petitioners sued the National Assembly, the Senate, Attorney General, NCDFB, and CS Ministry of Finance and added the Council of Governors as interested party.

On December 15 2015 President Kenyatta assented the NCDFA which came into force in February19 2016.

The new Act was passed to replace the CDF Act of 2013 which was outlawed by the high court on February 20 2015.

Justice Isaac Lenaola who heard the two petitioner’s application directed the same be served to the parties and the matter be heard inter party on May 20 2016.

 

 

PARTY ASKS PARLIAMENT TO EXPEL LEGISLATORS GOING AGAINST THEIR CONSTITUTION.

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Speaker of the National Assembly Justin Muturi.

BY THOMAS KARIUKI.

A party that gave tickets to members of parliament now wants speakers to force its legislators to remit money due to it.

Muungano Party of Kenya has asked the Speaker of the National Assembly Justin Muturi and his colleague speaker from Wajir County Assembly to appeal to the members to honour the dues owed to the party.

The MP and three MCAs have failed to remit contribution to the Party since they were elected in 2013.

The party through its secretary general Mr Lawrence Nzunga, says that Yatta MP Francis Mwangangi Kilonzo, three members of Wajir County Assembly Yassin Abdi Dagane, Abdishakor Mohamed and Rukia Abdille Abdullah owe the Party a total of Sh1, 795,000.

He says that the MP has not remitted Sh 20,000 monthly contribution since his election to parliament totaling to about Sh740, 000.

Whereas the three Wajir MCAs were supposed to contribute Sh5,000 per month. They too have not done so for the last 37 months since their election on Muungano Party ticket; they owe the party a total of Sh 1, 055,000.

Mr Nzunga also says that both the MP and the MCAs are in violation of the Party constitution and pre- election agreements by refusing to remit the money to assist in Party activities.

The Secretary General has also taken the dispute to the Political Parties Dispute Tribunal and the case will be heard on May 10.

He also says that the Party has explored all dispute mechanisms but no resolution has been arrived at.

“They have continued to enjoy contribution made by other members,” he says.

The party is seeking a declaration that all respondents are in breach of the constitution and they should thus be expelled forthwith.

UNIVERSITY OF NAIROBI STUDENT UNION CHAIR BABU OWINO DENIES RUTHLESSLY BEATING RIVAL.

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Sonu chairman Babu Owino before Kabira law courts where he pleaded not guilty over the alleged beating of his rival Mike Jacobs during student’s campaign in March.

BY SAM ALFAN.

SONU chairman Babu Owino has denied ruthlessly beating up his rival Mike Jacobs during students campaigns in March.

Mike Jacobs who has since been expelled from the University of Nairobi says he was attacked by Babu in Nairobi’s Kileleshwa area.

In a video doing rounds in social media captured the alleged assault where Babu and his accomplices appear to be shoving and slapping Jacobs at a petrol station.

The student leader was arrested on Wednesday night and taken to Kilimani police station where he spent the night.

Kibera principal magistrate Tito Gesora released Owino, real name Peter Ogili, on Sh200,000 bond or Sh100,000 cash bail.

Owino won a hotly contested election which was marred with students violence. Allegations of rigging came up resulting to street protests by University of Nairobi students.

Jacobs was among 33 students expelled for participating in the riots that led to the destruction of school property.

The students burned Sonu offices and a hostel following an order by the university Administration to  close the University indefinitely. Students have since go back.

Jacobs also contends that the disciplinary action taken against him and his supporters was improper as their mistakes were not specified in the expulsion letters.
 

BROTHERS FIGHT IN COURT FOR CONTROL OF TUSKYS SUPERMARKET BILLIONS.

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Two directors of Tuskys supermarket Mukuha Kamau and George Gachwe Kamau before Milimani Law court’s where they denied charge’s on Wednesday May 4, 2016.
BY SAM ALFAN.

Two directors of Tuskys supermarket denied five counts of stealing Sh1.6 billion from the stores.

Mukuha Kamau and George Gachwe Kamau allegedly stole the said amount of money on diverse dates between year 2002 and 2012 at Tuskys Headquarters along Mombasa Road.

The two brothers who appeared before Chief Magistrate Daniel Ogembo allegedly committed the offenses jointly with others who were not before the court.

According to the charge sheet, the two directors stole Sh400 million in the first count, Sh279 in the second count, Sh200 million in the third count, Sh322 million in the fourth county and Sh441 million in the fifth count.

Their lawyer Saitabao  Kanchory requested for a favorable bond term on grounds that there was no money lost as alleged in the charge sheet.

“This is a very unusual case as there is no theft of any amount from Tusker Mattresses limited,” said their counsel.

Lawyer Saitabao claimed that the prosecution of the two brothers was an extension of a family tussle between brothers and the complainant was a brother to them.

“The complainant is a brother to the accused and they have been tussling over control of the market and the matter has been with CID for more than seven years,” he said.

The counsel added that earlier the matter was before Justice George Odunga who directed the parties to settle the matter out of court because it was a family dispute.

He added that the figures involved in the charge sheet is a primary threat meant to influence bail and bond terms against the accused and the same may be used by the complainant so that he can be granted an upper hand in running the business.

The complainant in the matter and the prosecution witnesses are brothers to the accused persons.

The defense argued that they have co-operated with the police who granted them a cash bail of Sh50,000 and prayed that the same terms be maintained.

State prosecutor Eddie Kadebbe did not oppose that they be granted bail but claimed the amount stated in the charge sheet were a reflection of what the investigations had revealed.

He however said the court should exercise its discretion in the matter.

Magistrate Ogembo released them on a Sh 1million cash bail or a bond of Sh 3 million with one surety of similar amount.

The matter will be heard on July 12 and mentioned on May 18.

HURUMA BUILDING OWNERS CHARGED ALONGSIDE THREE STATE OFFICIALS.

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Suspects (from left-right) Seline Anyango Ogallo,Chrispas Sifuna Wafula Ndinyo,Justus Mwendwa Kathenge, Henry muiruri Karanja and Samwel  Kamau Karanja when they appeared before Nairobi Principal Magistrate court at Milimani on Wednesday May 4,2016.
BY SAM ALFAN.

Three government officials and the owners of a six-storey building that collapsed in Huruma have been released on Sh1 million bond each.

The suspects include brothers Samuel Kamau and Henry Muiruri, Crispus Ndinyo, Justus Kathenge and Seline Ogallo.

They were not charged when they appeared before principal magistrate Beatrice Mosiria on Wednesday.

The suspects appeared in court on Tuesday but were remanded to Pangani police station.

Ms Mosiria asked them to surrender their passports and report to the CID headquarters once a week as investigations are conducted.

She also said they will be charged once the investigations are completed.

State counsel Duncan Ondimu had opposed their release on bail saying the suspects would likely interfere with investigations as rescue and recovery efforts were still ongoing.

But Ms Mosira said the DPP did not have sufficient evidence to compel the court to deny the suspects bail. She added that they had a right to be released as stated in the constitution.

Kamau and Muiruri are the suspected owners of the building that collapsed on Friday night trapping dozens of people.

Suspects in the case include officials from the National Construction Authority, City Hall’s inspectorate department and an engineer in charge of the site.

Reports indicated that there was no construction plan and that the building had not been approved.

Twenty three people have been reported dead and at least 136 people rescued from the rubble so far.

NYS SUSPECTS FAIL FOR A THIRD TIME TO TAKE PLEA.

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Businesswoman Josphine Kabura who is among nine of eleven suspects in the Sh791 million National Youth Service scandal who appeared before Milimani Law Court’s on Wednesday May 4,2016.
BY SAM ALFAN.

Suspects in the Sh791 million NYS scandal have for a third time forced the court to adjourn a corruption case against them.

The plea was deferred on Wednesday after suspect Martin Gachare filed an application challenging the magistrate’s jurisdiction to charge them.

Others implicated in the case are businessman Ben Gethi, Nairobi businesswoman Josephine Kabura and Gethi’s mother Charity Wangui.

The ten were to plead to 15 counts of money laundering in February and March but skipped court saying they had not received their summonses.

Gachare argued on Wednesday 5 that several petitions on the matter were pending at the High Court.

Milimani chief magistrate Daniel Ogembo adjourned the case after the DPP requested seven days to respond to his application.

The suspects were also given seven days to reply to the DPP’s response after they were enjoined to the application as interested parties.

“For the interest of justice this application should be disposed before further direction is given,” said Ogembo.

Two suspects did not appear in court but sent their lawyers to report that they had not received orders to appear.

The magistrate ordered suspects who claimed they had not received their summonses to appear in court.

“I have noted and hold a firm view that all the accused persons must appear in court without failure or warrants of arrest will be issued against them,” he said.

Gachare’s application will be heard on May 20.
All accused person should appear in court failure to which warrant of arrest will be issued against them.

RAILA WILL TRIUMPH OVER UHURUTO IN 2017 PRESIDENTIAL POLLS IF HE DROPS HIS BID, SUPPORTS KALONZO, WETANGULA OR A NEW FACE.

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CORD principals Moses Wetangula,Raila Odinga(center) and Kalonzo Musyoka at Raila’s office.

BY THOMAS KARIUKI.

@njoroge19

This unabridged truth will rub millions of Raila supporters the wrong way. However I would rather be crucified for being the true prophet to the Cord leader rather than a glorified Fortunato who is lying to him.

If Raila is to stand a chance to be in power in 2017, he should forget his presidential bid; support someone else (there are decent performing governors from the coalition) or either of his co-principals Kalonzo Musyoka and Moses Wetangula.

This worthy gamble will ensure he remains in power. What makes it well-intentioned? Allow me to give you a riposte at the tale of this piece.

A similar outfit as that of 2013, which never delivered, will make sure that Raila loses again ‘pants down’ in 2017. It is rightly said that today’s formula for success will be tomorrow’s recipe for failure. In an interview with a local station, Raila said, “We can beat Jubilee; the team we used in 2013 is a winning team.”

If the team was the winning glitter, then, it would have won the 2013 elections. However sad it may look, Raila should get rid of the garbage inside the team and create a winning team. Raila is surrounded by ‘used postage stamps’; they have no use now. Their ability died when they were unable to deliver results in 2013, how then will Raila use the same stamps for 2017. Its either he replaces the old ones, or scouts for new stamps.

No one will dispute that Raila has made his indomitable life mark in Kenya’s politics. His story script is dated since Kenya gained independence. Should he allow erasers wipe out that legacy he has built throughout his life?

I wish to point out something, if you happen to visit a cemetery, you’ll see that on the graves are the dates when one is born, a hyphen and the date when they passed on. The dates when one was born in and died matter less to anyone. But the hyphen, yes it is very important. It is the one carrying the whole lifetime of the deceased; the challenges, triumphs and it is also the one that holds the legacy of the departed.

The question now is can Raila give up his own political career for someone else?

In my 25 years stay in Kenya, I would love to say that a selfless leader like Raila Odinga can and will relinquish his bid for the betterment of the common mwanainchi who he has been championing for over the years.

Raila did it in 2002 when he, together with his political comrades endorsed former President Mwai Kibaki; remember the Kibaki Tosha slogan, which eventually ousted the old regime of President Daniel Moi.

The culmination of that win I dare say was not the taking over of power but how a united front could topple a sitting government. Raila knows this better. To bring a united front, Raila could give another person the opportunity to try his fluke at the presidency reaffirming to Kenyans that he is the leader he is claimed to be. I also dare say that it doesn’t have to be Steve or Weta.

It has been said that this may be his last bullet at the presidency and that Raila will do anything possibly human within his spheres to get power. I wish to give him this better option because it appears that those who surround and like to appear as if they support him cannot and will not allow Raila’s support lose the eye of their voters. In essence, this means that he is just surrounded by a bunch of selfish leaders who only derive their constituents support on being seen to support him. Have you seen during media briefing how some strategically place themselves behind him?

From the world I come from, Raila has a high chance of winning the 2017 polls and this is how. Did you know of a lady by the name Aung San Suu Kyi of BurmaMyanmar, she is the most popular politician in Myanmar, she also had eyes for the high office-the presidency-this makes the both of you Mr Odinga. This is just a snapshot of her.

Ms Kyi fought for a democratic government in a militarized system. Having been arrested numerous times, detained and at times forced to stay indoors, Ms Kyi has never lost sight of a democratic government just like Mr Odinga champions.

She is the centre piece of Myanmar leadership, loved by many Ms Kyi is the most powerful politician and holds the most influential office in the government led by his school friend Htin Kyaw. She is the State Counselor of Myanmar and heads four cabinet posts including Foreign Affairs, Education, Energy and president’s office likened to a prime-minister role.

Ms Kyi gave up her presidential bid over a military order against her not to run for president. With a million ways to kill a rat, she gave her close friend the opportunity. However, she enjoys commanding control being at the helm of Myanmar government leadership.

I would like to urge the Cord leader to borrow a leaf from Ms Kyi. To beat his unsurmountable arch-rivals UHURUTO, Raila could change tact and give his worthy opponents a run for the presidency.

The well intentioned move could have Raila have majority of the government leaders come from his ODM party and the minority other shared by the coalition members. He could also enter into a pact with his preferred president to be in-charge of several cabinet posts.

Enigmatic as he is often described in Kenya’s politics, Raila now has an extra bullet to spend in the 2017 polls. Will he decide to use it or not, that can only be his consideration?

Failure to use this bullet may destabilize Cord coalition having given an opportunity to Weta and Steve who while launching their presidential bid are saying, we have matured from boys to men, our voices can no longer be ignored, and we are equal partners in the Cord coalition.

This basically means that whatever Raila can do, Wetangula and Kalonzo believe they can do if not better. Their tune is almost identical to that of the coalition leader, give me your support and I will win against Jubilee. Allow me not call this democracy but reality; we do not live in democracies but in reality, real life.

If Raila is to ignore his coalition co-principals, a walkout is imminent and this may mean Raila will lose against a unified Jubilee fascia.

I will leave it to the coalition to decide whether it will endorse the son of Mulembe or shift its eyes to the Mwingi statesman or fatefully ignore this piece.