Imenti Central Member of Parliament Gideon Mwiti at Milimani law courts on Tuesday April 6,2016.
BY SAM ALFAN.
Imenti Central Member of Parliament Gideon Mwiti has been given a second gamble to challenge his prosecution over rape.
Through his lawyer Dr John Khaminwa, the MP asked for time to follow up an appeal against a high court ruling in which a previous attempt to have his prosecution halted was refused.
Dr Khaminwa said that the MP had lodged an appeal seeking to overturn the high court ruling on grounds that he may not get a fair trial.
The complainant’s lawyer Mr Wilfred Nderitu protested saying that the prolonged trial ‘was re-victimising and re-traumatising” the woman in question.
Mr Mwiti is charged with raping and assaulting a married woman in Westlands , Nairobi.
He is charged alongside Dr David Mwangi who is accused of aiding and failing to prevent the commission of the alleged offence .The doctor has denied forcefully performing a HIV test on the victim before the alleged rape. He is also charged with neglect.
“On the night of 21st day of March, 2015, at Tana Club along Woodvale Groove Westlands within Nairobi County, while knowing that Gideon Mwiti was designing to commit a felony namely rape, failed to use all reasonable means to prevent the commission or completion of the said felony,” the charge sheet says.
Dr Khaminwa said the appeal case is pegged on grounds that the evidence against the MP was tampered with at a police station and thus he may not get a fair hearing.
“The garments the complaint was wearing were cut into two halves, one half was handed to the police while the other was retained by the complainant,” he said.
The lawyer told chief magistrate Daniel Ogembo that the police concurred that the exhibit had been tampered with in the course of investigations.
“We shall not be able to cross examine the complainant on the garment,” Dr Khaminwa said. He said the Mp has been denied the chance to cross examine the complainant over the garment.
The Mp is expected to be charged afresh after police amended the charge sheet.
According to our sources the Mp will be charged with attempted rape instead of the earlier charge of rape.
The hearing of the appeal case is set for June 21 and 22.
Agriculture Cabinet Secretary Willy Bett who is facing who has been summoned in court to explain why he should not be arrested and jailed for six months.
SAM ALFAN
Agriculture Cabinet Secretary Willy Bett is a besieged man after the High Court summoned him to explain why he should not be arrested and jailed for six months.
CS Bett is required to appear in person before Justice George Odunga on Wednesday.
Justice Odunga wants the CS to explain the circumstances under which assets and vehicles belonging to the Agricultural Sector Coordination Unit (ASCU), which is under his ministry, were seized.
The court had issued an order that barred the CS from “interfering with the work and operations of ASCU.”
However, Agriculture Principal Secretary Richard Lesiyampe issued a letter to the ASCU asking the unit to return all its assets soon after the order was issued.
In the letter dated March 17, the PS ordered the ASCU “to return and officially hand over all vehicles which were formerly under the unit with immediate effect.”
The PS also directed the unit to hand over any other assets in its possession.
The case was filed by ASCU Coordinator Mussolini Kithome, who is also fighting impending disciplinary action by the ministry.
Justice Odunga also ordered that ASCU staff be allowed back to their offices.
Lawyer Joyner Okonjo told the court that the CS and PS were aware of the court order.
Githurai 44 buses parked along Ronald Ngala street in Nairobi.
BY SAM ALFAN
Nairobi County government will construct new public bus terminals in a bid to de-congest the Central Business District (CBD), Nairobi Deputy Governor Mr. Jonathan Mueke has said.
Mueke said the move is aimed at restoring order within public transport service sector which has been over the years marred with rogue habits thereby hindering a smooth co-existence with other city businesses.
He also announced a special committee that will oversee the planned constructions of the terminals to ease operations of the transport industry devoid of confusion within the CBD.
The committee members will be drawn from Nairobi City County, National Transport and Safety Authority (NTSA), Matatu Owners Association, Matatu Welfare Association and other public transport stakeholders.
“This committee will stand until the Nairobi Metropolitan Transport Authority is formed,” said Mueke during a press briefing in Nairobi today.
He also pointed out that the committee will deliberate on issues that affect transport sector as well as look at previous reports so as to provide short and long term solutions such as reintroduction of cross city routes and capacity building on soon to be introduced Bus Rapid Transit (BRT).
Mueke asked all PSVs to submit copies of their permits to the county for physical verification of authenticity by 7th April, 2016.
“Those without should apply to Nairobi City County for issuance,” Mueke said while adding that an audit aimed at regularizing the PSVs operations will be done.
Chairman of Matatu Owners Association Mr. Kimutai Simon assured the Matatu owners that no one will be thrown out of the CBD and that the move is meant to manage transportation and reduce congestion.
“We must play by the rules not cause congestion in town. Let’s take it positively and embrace order,”Kimutai asserted.
Public transport operators last week protested on their planned relocation from the CBD with threats that they would go on strike over the same if they were not shown new designated points.
However normalcy was restored after their leaders called off the strike and resolved to dialogue with County
Ministry of Health Principal Secretary Dr. Nicholas Muraguri addressing the press.
BY SAM ALFAN
At least 16% of all persons seeking outpatient treatment in public hospitals suffer from malaria, a disease that remains a major cause of illness and death in the country.
Ministry of Health Principal Secretary Dr. Nicholas Muraguri said that even though the malaria prevalence has dropped from 11 percent in 2010 to 8 percent in 2015, the slight increment of four to eight percent in coastal region is an indication that more effort should be put to sustain the gains made.
He said prevalence in malaria in the Lake endemic region dropped from 38 percent to 24 percent while the other areas in the country remained below 5 percent.
The PS noted that the ministry was emphasizing on the need of households to use mosquito nets and having at least one long- lasting Insecticidal net (LLIN) and using preventive medicines during pregnancy, since prevention is a key strategy in malaria control.
Muraguri said ownership of nets at household level has improved with 60 percent households using LLIN as compared to 40 percent in 2010.
“At least 56 percent of children below five, sleep under long-lasting Insecticidal net compared to 39 percent in 2010 while pregnant women using the nets has improved to 58 percent in 2015 from 36 percent in 2010,” added the PS.
He said expectant women in both the lake and Coastal endemic areas are targeted to receive preventive medicines during their pregnancy.
The PS made the remarks today in a speech read on his behalf by the Acting Director of Medical Services Dr. Jackson Kioko during the launch of the Kenya Malaria Indicator Survey (KMIS) 2015 report at a Nairobi hotel.
Muraguri said according to the survey, 90 percent of children are currently receiving the recommended medicine compared to 50 percent in 2010, an achievement he said was close to the national target of 100 percent.
He said to address the malaria burden, the ministry will continue to implement targeted interventions which include malaria diagnostics and treatment, provision of nets, spraying households, provision of preventive medicines to pregnant women, surveillance and behavior change communication activities.
PS Muraguri also commended development and technical partners for their continuous support, adding there is need to increase investment in malaria control interventions in order to improve and sustain the coverage levels.
The 2015 Survey that was undertaken by the National Malaria Control Programme of the Ministry of Health in Coordination with the Kenya National Bureau of Statistics shows that malaria prevalence varies in the country with Coast endemic with the highest at eight percent while Lake endemic zones is rated at 27 percent.
The report also shows that less than 10 percent of children aged six months to 14 were found to have malaria.
Present at the launch were the Kenya National Bureau of Statistics Director General Zachary Mwangi, The World Health Organization Representative Dr. Custodia Mandlhate and the USAID Director, Office of Population and Health Barbara Hughes.
Information Communication and Technology Cabinet Secretary Joe Mucheru.
BY THOMAS KARIUKI
The Government will ensure ICT access to all persons living in the Kenya, Information Communication and Technology Cabinet Secretary Joe Mucheru has said.
It is out of this conviction that the Government undertook institutional reforms of the sector to encourage competition and private sector participation in infrastructure development with a view to ultimately closing access gaps, he added.
Speaking today during the launch of a report of the ICT access Gaps study in Nairobi, the CS said that through Universal Service Fund in 2009 the Government envisaged leveraging operations in high cost areas including rural and remote areas.
“We are fortunate to have a very well-conceived legal framework for the Fund and we should therefore be able to make tremendous progress in making ICT services accessible to the widest number at the most affordable cost”, he said.
Mucheru added that the report of the access gap study will be instrumental in the prioritization of the implementation of projects and will shape the ICT landscape in Kenya.
“The launch of this report is timely as it forms a very critical ingredient in the efforts to accelerate the deployment of communication services to all parts of the country, in an objective and coordinated manner”, he added.
The CS confirmed that the Government continues to direct investments towards ICT infrastructure development so as to ensure connectivity throughout the country saying the Ministry has embarked on policy reforms, placed emphasis on public-private sector partnership, as part of the overall government plan under Vision 2030.
“Focus is being directed to innovation as we strive to meet the demands of ICTs in servicing other sectors of the economy and making every effort to ensure diffusion of ICT in its quest to deliver efficient public service to Kenyans is key as demonstrated in the Huduma Centres” he said .
The CS noted that the importance of studies like the one that was launched today cannot be gainsaid as it gives policy makers and industry players the much-needed confidence in overseeing the development of the sector.
He emphasized that it unacceptable that some Kenyans are yet to enjoy the benefits associated with connectivity to ICT services saying the report will give a clear picture of the areas where citizens have not enjoyed benefits of liberalized and accessible communication services.
“We have embarked on the review of the ICT sector policy to align it with emerging technological changes”, Mucheru said noting that the digital economy holds huge potential for growth and ICTs will be expected to play an important role in providing economic opportunities especially to marginalized communities and other vulnerable groups.
Universal Service Advisory Council (USAC) Chairperson Dr. Catherin Ngahu also said that according to the report, there are areas that still need basic communications services and that will remain a priority as the council set out in operationalizing the fund and ensure that t the existing gaps are covered within the shortest time possible.
She said that the contribution to the Universal Service Fund (USF) currently stands at Kshs 3.94 Billion out of which the Authority has contributed One Billion adding that part of the Terms of Reference of the consultant for the ICT Access Gaps Study Report is to work with the Authority in developing the tenders for the initial projects.
“We expect this work to begin immediately so that we can advertise the tenders at the beginning of the next financial year and award tenders by November 2016 and for this reason, we have set we have set aside Sh1.5 Billion for the implementation of the initial USF projects which will include telecommunication infrastructure development to expand voice services coverage and schools broadband connectivity”, Dr Ngahu said
Andrew Dymond, the research study Team Leader said the report identifies the areas requiring Universal Service Fund (USF) support and the gaps in the communications services namely, voice communication services, broadband coverage, postal and courier sector and broadcasting.
He noted that the regional disparity for 3G is more pronounced than for 2G, even though the population coverage has improved significantly in recent years and will continue to expand through market forces, especially as 3G devices become more affordable and popular.
“Every County in Kenya has at least one population center with 3G coverage, except Isiolo County which today has zero percent 3G coverage. Analysis by sub-location indicates that 1,244 sub-locations country-wide have zero 3G coverage and a further 977 have less than 50 percent coverage”, Dymond said.
Kabete Member of Parliament Ferdinand Waititu with his lawyer Harrison Kinyanjui displaying Waititu certificate after he filed a response to a case filed by Kiambu Governor William Kabogo claiming Waititu academic documents are fake outside Milimani law courts on Tuesday April 5, 2017.
BY THOMAS KARIUKI
Kabete Member of Parliament Ferdinand Waititu has taken on Kiambu Governor William Kabogo saying that he is using forged education papers to smear his name.
MP Waititu has also brought up a report dubbedINTERNATIONAL DRUG TRAFFICKING RING ENJOYS IMPUNITY IN KENYA” which states “A number of suspects have been arrested for questioning about Abdillahi’s death. Among them: four brothers of (known thug and rich-far-beyond-visible-means) Juja MP William Kabogo, who is also owner of a port container transshipment company. (One of those brothers arrested had been arrested the day before Abdillahi was killed, having been charged with the theft of the 39 suspect containers.).”
Mr Waitiu says that to date this document has NOT been challenged by the Governor and remains accessible online and hence any person objectively reading the same arrives a conclusion that the Petitioner is alleged to be involved in drug trafficking.
Kabete MP also brought up the issue of the death of a University of Nairobi student, Mercy Keino which case is pending completion,
He said that Ms Keino died immediately upon leaving a party hosted by the said William Kabogo while he was the Member of Parliament for Juja Constituency in the now Kiambu County, on the night of June 17 2011.
Mr Waititu said he reviewed the available online reported testimony of Kabogo on the issue, and noted that whereas he alleged during his testimony that he merely “got her by the shoulders”, “shook her”, and “tapped her” allegedly because he wanted to know exactly how the deceased Mercy Keino had come to the party, the testimony of Scholastica Namwai Kamemba was to the effect that he assaulted the deceased.
“The linkage of the Petitioner to the said death (however remotely he has attempted to exonerate himself from it) remains an UNRESOLVED integrity issue on him. His leadership qualities are brought into sharp focus and question if as a leader he would attend parties where University students end up losing their lives,” Waititu holds.
The MP also says that 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).
He also said that the Auditor General has 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.
Vice chancellor Richard Mibey(second left) deputy Vice Chancellor Administration and Planning Professor Paul Kiprop(right) deputy Vice Chancellor students affairs Nathan Ayieri(second left) and Dean school of Law Maurice Oduor outside Milimani law court after high court quashed decision by the Council of Legal Education and ordered to be reconstituted within the next 60 days on Monday April 4.2016.
BY SAM ALFAN.
The High Court has ordered that the Council of Legal Education be reconstituted within the next 60 days.
Judge George Odunga issued the order saying the council does not have a mandate to accredit all universities in the country.
“The declaration of the illegality in the constitution of the Council is however suspended for a period of days to facilitate the proper reconstitution of the said Council” ruled Justice Odunga in his ruling.
Justice Odunga made the directive in a case where Moi University has challenged a decision by the council to close its two law school.
“Council of Legal Education has no jurisdiction on its own motion to accredit and withdraw accreditation in Kenya” said Odunga.
The learned judge further said the decision arrived by the Council in the report and and the letter dated 23 September, 2015, the Council for Legal Education violated the principles of a fair administrative action as enshrined in Article 47 of the constitution.
In October last year, the Council for Legal Education announced the closure of several law schools arguing that they did not meet the laid down regulations in offering law courses.
The axe fell on several universities among them Moi University’s Nairobi, Mombasa and Kisumu law campuses, Kenyatta University and Catholic University.
In issuing the closure directive, the Council said that the schools were operating outside the set regulations, an assertion that was contested by the university which termed it a violation of the student’s right to education.
Moi University challenged the directive to shut down its school of law within two months.
The University sued CLE, claiming that the agency failed to issue a notice to seek public views over the closure of the school of Law.
Joseph Kipkoech Keino accused of cheating unsuspecting Kenyans that he is in a position to help them get recruited to the police force has been charged before Milimani law court on Monday April 4,2016
BY SAM ALFAN.
A man accused of cheating unsuspecting Kenyans that he is in a position to help them get recruited to the police force has been charged at a Nairobi court.
Joseph Kipkoech Keino appeared in court and denied the charges. The court heard that on March 18, 2016 at Wilson airport within Nairobi County, Jointly with others not before court, with intent to defraud obtained Sh 18,000 from Lesley Cherop Bungei to help him join the national police force.
The accused lied that he would facilitate his cousin Abraham Kimtai Koech to be recruited as an Administration Police Officer in the National Police Service.
He was also accused that on March 24, 2016 at Wilson airport at similar place obtained Sh 12,000 from Lesley Cherop.
He was released on Sh 100,000 cash bail or a bond of Sh 500,000.
The matter was fixed for 6 of May ,2016 for hearing.
This comes ahead of this year’s police recruitment that is ongoing across the country.
Mean while an Administration Police officer based at the Security of Government Building (SGD) has been arrested after he allegedly extorted Sh50, 000 from a Nigerian in Kasarani.
Nairobi County Police commander Japheth Koome said that AP Constable Peter Mburu was arrested after he was positively identified by the victim on Sunday morning.
Abdul Rasheed Abedala, a Nigerian studying at the USIU reported that on Tuesday March 29 at around 9.30am, he was confronted by two men who introduced themselves as police officers.
They threatened to plant bhang on him and also organize for his deportation back to Nigeria if he did not give them money. He gave them Sh50, 000 and he was set free.
A man smokes as he passes the British American Tobacco offices in London May 6, 2009, high court has overturned a Kenya government directive requiring cigarette manufacturers to submit a report outlining their market share.
BY THOMAS KARIUKI
The high court has overturned a government directive requiring cigarette manufacturers to submit a report outlining their market share.
It however upheld all other regulations made by the ministry of health controlling the use of cigarettes in the country.
Justice Mumbi Ngugi said “while I find that the rest of the information required from the petitioner and other entities in the tobacco industry is reasonable, the requirement that they supply information relating to their market share is unreasonable, and they are under no obligation to comply with it.”
British American Tobacco BAT went to court contesting the manner of formulation and enactment of the regulations terming them unconstitutional and unprocedural.
BAT wanted the regulations reversed and their enactment started afresh so as to address the concerns that they had raised.
In a ruling dated June 4 2015, the Court issued interim orders restraining the implementation of the regulations pending hearing and determination of the petition.
Kenya’s leading cigarette manufacturer BAT said that the Regulations had a substantial direct and indirect effect on their business and that of other players in the tobacco industry.
The health ministry also introduced a solatium compensatory contribution meant to share the cost of handling tobacco consumption related diseases and other health complications caused by tobacco consumption and use.
Nevertheless, BAT said the contribution is unconstitutional and unlawful because the amount set was without any reference to a determination of a lawful obligation to pay compensation or as to the amount.
“That the said contribution is discriminatory as other industries, including those that deal in controlled substances, have not been subjected to similar measures,” they claimed.
They also said that the solatium compensatory contribution is primarily meant to punish tobacco manufacturers and importers for engaging in what is legal trade in the tobacco industry.
BAT also contested a directive requiring it have a pictorial warning on its cigarette packs.
They said, “the warning requirements under the Regulations are not necessary or proportional. The public, including youth, are already well informed of the risks of smoking. There is no evidence to show that the warnings are not seen and assimilated by consumers or that trademarks neutralise consumers’ existing awareness of the risks of smoking.”
The cigarette producers said that the real drivers of smoking initiation are factors such as personal influence, risk preferences, peer influence, socioeconomic factors, access and price, and that pictorial health warnings have not been shown to reduce smoking or significantly alter beliefs and intentions about smoking.
Another ministry proposal prohibiting smoking in streets, walkways and verandas adjacent to public places was also contested.
In his response, then Health CS James Macharia sets out the effects of tobacco usage in Kenya and asserted that the Regulations are intended to effectively implement the life-saving measures already contained in the Tobacco Control Act.
It was his averment that the regulations were enacted in order to address the negative effects of tobacco use which he said has impacted negatively on the lives of the people of Kenya, the economy and the environment.
He also dismissed a challenge that warning labels are not highly effective in reducing tobacco consumption.
He said “that research has established that large, graphic warning labels on tobacco products is an effective way to inform consumers about the harmful impact of tobacco, encourage users to quit and deter non-users from starting smoking.”
The CS also said that vulnerable groups such as low-literacy people, children, and minorities can understand images more than writings.
According to the WHO framework convention, CS Macharia said states parties should adopt effective national legislation and actively promote effective regulations that requires 100% smoke-free environments in all indoor public places, indoor workplaces on all means of public transport, and, as appropriate, other public places with no exceptions that provide for smoking zones.
The health minister also asserted that the disclosures are required as tobacco products contain over 400 harmful ingredients which need to be regulated, controlled and their quantity monitored.
Justice Mumbi Ngugi agreed with the CS saying that the effects of a product on the health rights of others cannot be divorced from the process and need for its regulation.
“it is my view that such requirements and disclosure outweigh the intellectual property rights pertaining to tobacco products,” she said.
Judge Ngugi said that the Tobacco Control Act has very clear objectives of safeguarding individuals and the public from the dangers posed by consumption of tobacco, which cause debilitation, disease, and death.
The Regulations impugned in this petition are intended to safeguard the public, those who smoke and those who do not, and to provide certain information with regard to the contents of tobacco products.
She also overturned a regulation 45 saying is ultra-vires section 24 (5) and regulation 1 with respect to the period within which the Regulations should come into force. The judge directed the regulations shall come into force within six months.
Nairobi Senator Mike Sonko leaving Milimani law courts on Wednesday 30, 2016 after testifying in a case where a fake impostor Sonko solicited money using his name on Wednesday March 30, 2016.
BY SAM ALFAN
Nairobi Senator Mike Sonko has denounced a Facebook account opened by a ‘fake’ sonko to swindle money from the public.
The Senator testified on Wednesday in a criminal case at the Milimani law courts in which Joseph Gitau is charged with opening the Mike Sonko Foundation page on Facebook which was used to solicit money from the public in July last year.
Senator Sonko said he had never posted a request on the page to solicit for funds from the public.
“The man is an imposter and a conman who used my name to fool well-wishers on Facebook,” the Senator told principal magistrate Kennedy Cheruyoit.
Gitau wrote to the Chief Justice Dr Willy Mutunga requesting that the case should start afresh as he had lost confidence in the previous trial court.
He has denied charges of misuse of a licensed communication system and impersonating the Senator.
According to the prosecution, ‘impostor’ Sonko conned over 3000 unsuspecting followers by false pretenses by the time he was arrested in July 24 2015.
“During investigations, two other Facebook page accounts, the Mike Sonko National Counties Walk and Wanjiku Voice of Kenya also emerged and are still being investigated,” Mr Sonko told the court on Wednesday.
Asked whether he knew the accused person, the Senator said he only came to know of him in court after his arrest.
“I also learnt that he had been accused of raping a university student after posing as a person who would find her a sponsor,” the Senator told the court.
In cross-examination, the suspect asked Sonko whether the Mike Sonko Foundation was a registered body, of which the Senator said it was not.
The prosecution told the trial court that Gitau posted a message to the effect: “This morning, I have issued cheques worth Sh6.2 million to Kenyans who sent to me Sh 1,000 on my M-Pesa line 0713004255. Keep on sending, as I will continue giving out millions. To all my fans, comment wisely to avoid to be banned (sic) from this page”.
The prosecution said the offence was committed on July 11, 2014 and “caused needless anxiety to the community of Facebook users”.
On Wednesday, Mr Sonko and the accused exchanged harsh words before the magistrate called them to order.
“I don’t know you. You are a thief who preyed on vulnerable Kenyans,” the Senator told the accused.
