Former Transport Cabinet Secretary Engineer Michael Kamau leaving Milimani Anti-corruption court after failing on his bid to terminate corruption charges leveled against him on Friday April 20, 2016.

BY SAM ALFAN.

The high court will not entertain a plea by former Transport CS Eng Michael Kamau asking for the termination of corruption charges leveled against him.

In a ruling delivered on Friday April 22, Senior Principal Magistrate Lawrence Mugambi also said that the Director of Public Prosecution has a mandate to prosecute a case using information from anywhere.

“The information can be from the roads or the bushes, as long as it forms evidence against the accused,” Mugambi said.

Kamau was charged in relation to the construction of Kamukuywa-Kaptama-Kapsokwony-Kimili Road.

Kundan Singh Construction Company, a resident engineer and other public servants allegedly colluded to trash a consultant’s design without following proper procedure.

The road is said to have been redesigned leading to a massive embezzlement of public funds.

Kamau, former land CS Charity Ngilu and seven others challenged their prosecution on grounds that the EACC was improperly constituted when it recommended charges against them.

They said the Ethics and Anti-Corruption Commission at the time lacked the constitutional mandate to carry out a probe. The lack of commissioners, they said, meant a lack of requisite legal backing.

Ngilu was charged with obstructing investigations into the Sh8 billion Karen land saga and Kamau with abusing his office in the awarding of a road tender.

The Karen land is at the centre of a court battle between businessman Horatius Da Gama Rose and former NSSF Managing Trustee Jos Konzolo.

Pangani police station cleanerOliver Wasike Wanyamabefore Milimani magistrate court where he was sentenced for three years for stealing Sh270, 000 from a safe at Pangani police station on Friday April 20, 2016.

BY SAM ALFAN.

A youth who stole Sh270, 000 from a safe at Pangani police station has been sentenced to serve three years in jail.

The male youth, Oliver Wasike Wanyama, stole the money on April 12 from an unlocked safe while cleaning the office of the Officer in Charge of Station (OCS).

He was accused that on April 12 2016 at the Pangani police station with intention to steal unlocked a safe belonging to Pangani police and stole Sh270, 000 the property of the said station.

Wanyama was found with the money when he was arrested in Bungoma.

He pleaded guilty to the charge. Before he was handed his sentence, Wanyama pleaded for forgiveness from the OCS. (Nisamehe bwana OCS)

It was said that on the fateful morning at about 9:00am, the OCS Pangani police station, Chief Inspector Benjamin Kisela was in the office attending to clients.

The suspects who had been tasked with the duties of cleaning station offices and maintaining flower beds entered into his office and stole a bunch of keys belonging to the OCS.

Chief Inspector Kisela is said to have left the office around 10.00am to attend a security ward meeting at Kamukuji, at the DO’s office but could not trace his Bunch of keys containing the key to the main office door, and the safe. He however requested PC Kirimi for the duplicate keys, Mr Kirimi gave him the keys and the OCS locked his office and returned the keys back to Kirimi as he proceeded to the meeting.

Immediately after the OSC left, Wanyama approached PC Kirimi and requested her to give him the keys to the OCS office. Since it was known that he is the one who cleans their offices, PC Kirimi gave him the keys.

Cell Sentry Personnel PC Samwel John Mutonyi confirmed seeing the suspect enter into the OCS office carrying a bucket of water and a duster. Mr Mutonyi said Wanyama  stayed for not more than five minutes  then left with the dust Bin stuffed with waste papers pretending that he was going to empty it but  never came back.

He tried looking for the suspects to complete the cleaning for he had just sprinkled water on the floor but to his surprise, he found the dust pin abandoned at the station collection tank.

Later, the OCS returned to his office, searched for the bunch of keys but could not trace them. He tried to reach the office cleaner through his phone but he declined to pick his calls, he reported the matter to the director of criminal investigations.

Investigations were commenced the suspects was located to be along Nakuru –Eldoret highway heading to his rural home Webuye. Police tracked him to Bungoma where he was arrested at a hideout in Webuye town. Sh270, 000 was also recovered from the suspect.

The money was on Friday produced as evidence at the Milimani law courts.

Magistrate Daniel Ogembo on Friday ordered that the money be given back to the Pangani OCS

ICT Cabinet Secretary Joe Mucheru who has been summoned to appear in court on Tuesday over for disobeying a court order.
BY SAM ALFAN.
The High Court has summoned ICT Cabinet Secretary Joe Mucheru and Communications Authority of Kenya Director General Mr Francis Wangusi for disobeying a court order.

CS Mucheru and Wangusi are also expected to show cause why they should not be jailed for disobeying the order by the high court.
They are expected to appear in court on Tuesday.

This is following a vicious battle between the CS and the Communication Authority board members said to have been compromised in an alleged corruption syndicate.

The Industrial Court last week reinstated the board members pending the hearing of an appeal against their ouster.

The sacked board members are Mr Wilbert Kipsang Choge Mr Kennedy Monchere, Ms Grace Mwendwa, Mr Levi Obonyo, Ms Helen Kinoti, Ms Beatrice Opee and Mr Peter Munywoki.

Justice Monica Mbaru ordered the two to “personally appear before trial judge Nelson Abuodha with regard to orders that had stopped the recruitment of new board of directors and the subsequent purging of contempt of court.”

The judge also ordered that ousted CA board members be reinstated immediately.

Justice Mbaru additionally directed the officer in charge of Spring Valley Police Station in Nairobi or the police station responsible for the CA “to enforce the order by ensuring that the petitioners are allowed free access to their office as members of the board of directors.”

Kenya defence forces flag.

BY SAM ALFAN.

A Warrant of arrest has been issued against a Military Colonel Stationed at Department of Defense (DOD) for failure to appear in court over an upkeep case.

Senor Resident Magistrate Derik Kuto of the children court issued the warrant on April 19, 2016 against Leonard Morimba Makunga for failure to pay a woman over Sh312, 200 as an upkeep of the two children they sired together.

“Unless Makunga pays Makena the sum of Sh312, 200 as noted in the margin, together with executing officer’s expenses fees, the respondent will be arrested,” said Kuto.

Through Lawyer Alex Masaka, the woman claims that the army chief has refused to take care of their two children.

She filed an upkeep suit in 2013 and swore an affidavit claiming that he is denying paternity in the case to buy time and defeat the ends of justice which is not in the justice of the two minors.

“In the year 2009 I agreed to have a child with Makunga after prolonged persuasions and pleas, and after he confessed to me that he has been married for over twenty years with his wife and never blessed with a child,” said Makena in court documents.

Makena added that after this incident, he was so happy that he moved her to another house at Rongai in Nairobi where he was paying her rent. The firstborn was born on 22/3/2010.

She added that by the time the defendant was leaving for the United Kingdom she was already few weeks pregnant then he deposited Sh100, 000 at her account on August 12, 2011.

Makunga in his affidavit to the allegations claimed that Makena was threatening his family, a fact that she denied claiming that it is not easy to threaten a military family.

Makena also claims that she is only fighting for the upkeep of her children and their rights. She claims that during his time out of the country the defendant used to send money for the upkeep of the children even through MPESA Accounts.

Makunga denied being served with the summons from the children’s office but Makena claims that the same was sent to his email account that he used to communicate with while in UK.

When he visited Nairobi, Makena says, he even bought shopping for the children. By the time the woman swore this affidavit the second girl was sick and Makunga did not bother.

She claims that the defendant used to send Sh30, 000 for rent and the children are used to that life. She said that after some time the man changed and told her to spend the money she was getting from a small MPESA shop for upkeep.

Makena also claims that this was against what they had agreed together with the first wife and the man that he would be sending her money for the upkeep.

The magistrate directed that the military chief be arrested by the legal department of defense (D.O.D) of Kenya defense.

Lawyer Philip Nyachoti for proprietors of Maxam, Modern Lane and Olepasu Tanzania Limited’s paying attentions to Justice Eric Ogola while delivering a ruling that stopped from ending a multi- billion shilling contract with local distributors on Tuesday April 21, 2016.

BY SAM ALFAN.

International beer maker, Heineken East Africa Import Company limited has been stopped from ending a multi- billion shilling contract with local distributors.

Justice Eric Ogola said in his ruling that a notice purportedly terminating Maxam Limited, Modern Lane and Olepasu Tanzania Limited’s contract lacks evidential material and is against an agreement made between the parties.

The judge said the pending the hearing and determination of the dispute both notice dated 27 January 2015 and the letters of appointments shall not be executed.

He also directed that the matter be mentioned on May3 2016 for further directions.
The proprietors of Maxam, Modern Lane and Olepasu Tanzania said that Heineken has issued a notice to through Heineken International B.V to terminate their contracts for the distribution of its products in Kenya, Uganda and Tanzania.

Through their lawyer Philip Nyachoti, the distributors told the court that the intended action is made in bad faith considering the huge investment they had made to ensure compliance of their agreement signed in 2013.

Mr Nyachoti said that the notice issued on January 27 2016 by Heineken International goes against the spirit of the agreement by parties.

He told Judge Ogola, that if the decision is enforced it will be in blatant breach of the agreement and appointments, as the defendants companies have also demanded payment of 450 Euros that was payable by February 10 2016.

The lawyer also said the notice demands that if the money is not paid by the date indicated, the agreement and appointments will stand withdrawn.

“The move is unlawful, unprocedural, irregular and contrary to the contracts so entered. The distributors have made massive investment to ensure Heineken brands are distributed as agreed to the three East African countries,” he said.

He told the court that his clients, the distributors had to enter into contracts with third parties to ensure availability of proper equipment for the distribution of Heineken products. “If the notice is executed my clients will suffer huge financial losses having made a turn-over of  Sh1.9 billion in 2015 and Sh1.4 billion in 2014.”

Mr Nyachoti said that the profitability of the defendants has increased tremendously, but now they intended to unfairly and selfishly terminate the distribution agreements and appointments so to give to other parties.

The lawyer also argued that in any event the purported termination notice had both financial and legal consequences on the third parties contracted by the distributors.
The third parties have been contracted to carry our warehousing, delivery and transport Lorries and other vehicles for the operational plan.

The lawyer as a consequence asked the court, to issue restraining orders and an injunction stopping that intended termination of contracts and agreement pending the hearing and determination of the suit.

He further urged the judge to direct that Heineken should not appoint parties to perform their contracts and agreements as entered by parties.

The High Court will deliver its Judgment on April 22 2016.

Head of Security Deployment Mr Lawrence Kisyungu before justice IsaaC Lenaola after he was summoned to appear in court for failing to reinstate Kitutu Masaba Member of National Assembly Timothy Bosire security on Monday April 20, 2016.

BY SAM ALFAN.

Kitutu Masaba Member of National Assembly Timothy Bosire can today have a peaceful sleep after his security guards were reinstated.

The High Court reinstated his security guards after the Head of Security Deployment Mr Lawrence Kisyungu honored court summons issued against him to appear in court today afternoon, April 20.

Justice Isaac Lenaola who had earlier summoned two officers from the Ministry of Interior to explain the state of the reinstatement directed the government to provide MP Bosire with Security by Friday.

The other officer was said to be out of Nairobi.

“The two should appear before this court at 2.30 PM to explain why they have not complied with the court order to reinstate the security,” said Lenaola.

In the afternoon, Only Mr Kisyungu appeared in court as demanded and said that Mr Bosire’s bodyguard had gone for training at Makueni for a period of one month and therefore would not attend his duty as the MP’s security within that time.

The court summon was issued following protests from MP Bosire’s Lawyer James Orengo who contended that the officer who was said to be in Makueni for training was actually in Nairobi contrary to what the state lawyer was claiming.

Kitutu Masaba MP moved to court claiming that the Government had failed to honor a court order that directed his security guards be reinstated pending the hearing and determination of the suit he filed.

Mr Bosire said he needed the Government to explain why his security guards were withdrawn. “The Inspector General of National Police Service, Interior Cabinet Secretary and the Attorney General have all failed to honor the orders by the High Court that they reinstate my bodyguards,” he said.

The court reinstated the guards pending the hearing and determination of the suit. Samwel Kinyanjui is now his new security escort according to Kisyungu.

The case will be mentioned on Friday to confirm whether the order will have been fully complied with.

Ugandan David Matsanga with his lawyer Waithaka Ngaruiya leaving Milimani law courts after high court directed Chief Justice Dr Willy Mutunga to reconstitute a three Judge bench to hear a case seeking the content of waki secret envelope made public on Monday April  20,2016.

BY THOMAS KARIUKI

The High Court has directed a matter in which an activist wants the contents of the infamous Waki envelope enlisting possible perpetrators of the 2007/2008 post-election violence made public be taken to Chief Justice Dr Willy Mutunga to reconstitute a three Judge bench.

“Since Justice Mumbi Ngugi will not be available during the hearing of the matter, Chief Justice Willy Mutunga should reconstitute another bench of three Judges,” said Judge Lenaola.

In the suit, activist David Matsanga and John Muiruri, want the court to order for the reopening of the Justice Phillip Waki-led commission report containing names of those alleged to have engineered the violence.

Dr Matsanga claims to have enough evidence to show that the witnesses who were to testify at the ICC over the 2007/2008 post-election violence had been compromised.

It is evident even from Gatundu South MP Moses Kuria that witnesses were coerced with money to provide erroneous information to the ICC court in order to fix the Ocampo six, the activist contests.

Kabete Member of Parliament Ferdinand Waititu with his lawyer Harrison Kinyanjui outside Milimani law courts.

BY THOMAS KARIUKI.

Kiambu Governor William Kabogo wants more time to produce MP Waititu’s academic certificates.

The is after MP Waititu asked the court to dismiss the governor’s claim saying that he is using forged education papers to smear his name.

The MP holds that Governor Kabogo has relied on a fraudulent, forged document, to wit the COPY of a purported Certificate of Primary Education “Certificate” in the name of one “CLIFFORD NDUN’GU WAITITU” which was forged to purport that MBAGATHI PRIMARY SCHOOL was bearing the examination code 52019 whereas in truth the said Code 52019 belonged to CHEMASANGI PRIMARY SCHOOL, which is located in Bomet County (Saosa Constituency).

The MP has also said that the Auditor General brought out massive unexplained financial haemorrhage at the Kiambu County under the watch of governor Kabogo where plots that were inherited from the defunct local authorities have since been grabbed and totally unaccounted for.

He said that to date, Kabogo has not cleared the matters with the Senate and he has never had a citizens forum for the Kiambu residents to explain the massive loss of funds as evidenced by the Auditor’s Report.

Waititu also contests that the baseless claim is founded on political malice and intended solely to eliminate the serious political competition he poses in the forthcoming 2017 Kiambu County gubernatorial election.

He says that he believes Mr Kabogo set up the case against him to gain political mileage.

“I therefore perceive that the Petitioner is scared stiff of facing off with me at the ballot box in the said forthcoming election, and that he is attempting to employ every conceivable device to ensure that I am locked out from offering Kiambu County constituents the leadership that they have been lacking since 2013 at the gubernatorial level,” he believes.

The MP also said that Kabogo has made personal allegations against him, including his marriage which he said are solely driven to give the allegations publicity and high profile using me as a platform.

He therefore wants the petition by Kabogo dismissed.