Fifteen suspected members of the Mungiki, George Ngigi Wahu,Simon Njoroge,Stephen Mwangi, John Njoroge, Samwel Karanja, John Mburu, Nicholas Matiru, Erastus Njoroge, Lawrence Maina, John Murithu,Patson Kambui, Michael Nganga, David Kinge, Ernest Muchene and Samwuel Njuguna at Milimani law court on Friday January 15,2016.

BY SAM ALFAN.

Fifteen suspected members of the Mungiki have been charged in a Nairobi Court with forcible entry into a multi-million shilling property in Upper Hill, Nairobi while armed with crude weapons.

George Ngigi Wahu and 14 others however denied committing the offences on January 13, 2016 with others not before court.

According to the charge sheet, they allegedly entered LR No 209/208/1/3 Nairobi in order to take possession.

The property belongs to Plovers Haunt Limited.

They faced another count of being armed in public contrary to the law, in a manner meant to cause fear to the directors of Plovers Haunt Limited.

They also denied a charge of threatening to cause violence by intimidating directors of the firm and that of forcibly possessing the land in a manner likely to cause breach of peace.

They have been freed on a cash bail of Sh20, 000 or a bond of Sh100, 000 each with a surety of similar amount.

The case is due for hearing on February 25.

Embattled Nairobi County Chief of Staff George Wainaina and Nairobi senator Mike Sonko.
BY SAM ALFAN.
Embattled Nairobi County Chief of Staff has sensationally claimed that Nairobi senator Mike Sonko allegedly solicited Sh 7 million from him in order to drop corrupt charge’s against him.

Through his lawyer James Ochieng’,Wainina claims that the process of prosecuting him was unconstitutional.

In his documents filed in the high court, seeking to stay the criminal proceedings against him, he has faulted Director of Public Prosecution and Ethics and Anti-corruption commission for failing to conduct proper investigations.

In his court documents, County official claim’s the city politician tried to solicit the money through Nairobi TNA party chairman John Njoroge and Brian Kamau Mugo.

According to the documents, the two intimated they had been requested and authorized by the senator broker and resolve the dispute.

“The two floated a figure of Shs7 million payments to the politician to facilitate the withdrawal of the bribery case facing Wainaina” state the documents.

Wainaina adds the two also called his brother namely Moses Wainaina Njogu and John Gichua Njogu with the same proposal.

He says the decision of DPP and EACC at the instigation of Senator Sonko to arrest and prosecute him without proper investigations and making public disparaging press statements without evidence is aimed as a criminal besmirching as a the chief of staff.

“The findings of the respondents are not based on any factual information based on investigations” argues Wainaina.
He has accused the office of Director of Public Prosecution of abusing powers following a decision to arrest and prosecute him hence violating of his constitutional rights and freedom.

“This is submissions of administration of justice and its aimed at illegal curtailing the petitioner personal liability contrary to the constitution” he claims.

Ochieng added that unless the petition is certified urgent the respondent will continue with the prosecution process which he terms illegal.

George Wainaina NjoguIS accused of bribing Nairobi Senator Mike Sonko to stop documenting how the said senior officers are constructing private and development houses using public fund.

Wainaina is accused that on January 5, 2016 at Kenyatta International Conference Center at Senator Hon Mike Sonko office being a person employed by a public body by Nairobi County Government as Chief OF Staff corruptly offered benefit of Kshs,1,000,000 to senator Mike Sonko as an inducement for him to stop pursuing the matter where he had invited the media to accompany him in documenting how the said senior officers are constructing private and development houses using public fund, a matter relating to the affair’s of the said public body.

He denied all the charges and Principal Magistrate Felix Kombo released him on bond of Sh2million or a Sh800, 000 cash bail or remains in custody until his grafts case is heard and determined.

Several Women Representatives leaving Milimani law courts after the hearing of case they are seeking high court to reverse orders stopping the disbursement of funds to the newly created Women Representatives kitty on Thursday January 14, 2016.
BY SAM ALFAN.

Parliament has urged the High Court to reverse orders stopping the disbursement of funds to the newly created Women Representatives kitty.

Justice Joseph Onguto has been implored to do so on the grounds that orders issued last December have highly prejudiced the vulnerable in the society.

Lawyer Sheriff Sam Mwendwa for the National Assembly told the court if the directive persists government projects will be crippled.

The court heard that staff have been recruited to carry out projects and are yet to receive their salaries for three months.

“Employed officers who need to be paid using the funds were waiting for structures to be put in place,’’ he argued.

The court stopped reimbursement of the funds following an urgent application by a lobby group who have argued that that latter is unconstitutional.

The judge directed all the bank accounts created to facilitate disbursement of the Affirmative Action Social Development Fund to remain frozen pending determination of the case.

Through lawyer Suyianka Lempaa, the petitioner has argued that there was no public participation in establishment of the fund.

He contended the fund was not approved by the Senate, even though it directly affects counties.

During the hearing a state counsel representing the Attorney- General failed to inform the court that funds had already been disbursed.

“Assertions that funds have not been disbursed was a mistake. The position is that they have already been distributed, ’he added.

Justice Onguto heard the funds established under section 24(4) of the Public Finance Act are targeting the needy, weak, orphans and the old.

High Court last year declined to lift orders that barred the National Treasury from disbursing monies to the kitty.

Judge Joseph Onguto refused to review his orders that tied off Sh2 billion from the 47 women legislators elected on affirmative action in the 2013 elections noting that they will not suffer if the orders are not lifted.

The Government through Attorney General Githu Muigai wanted the orders lifted, arguing that the money had already been allocated for use, some of which had already been issued as bursaries and some for buying cars for the woman reps.

“It is unfortunate that the employees will have to suffer the consequences,” Justice Onguto said adding that the application for review will have to be heard when the court opens for the new term.

Onguto froze all the bank accounts of the fund and its county committees will remain frozen until the outcome of a petition lodged by Institute for Social Accountability (ISA) is determined.

The ruling is due on January 21.

Law Society of Kenya Chief Executive Officer Apollo Mboya, Prof Tom Ojienda, Nzamba Kitonga and Michael Muchemi outside a courtroom at Milimani law court after high court declined to suspend implementation of the Judicial Service Act which gives the President power to appoint the Chief Justice on Wednesday January 13, 2015.
BY SAM ALFAN.
Law Society of Kenya on Wednesday suffered a major setback after the High Court declined to suspend the implementation of the Judicial Service Act which gives the President power to appoint the Chief Justice

Judge Isaac Lenaola said he does not see why he should grant any temporary orders to suspend the law at this moment saying Justice Odunga found no urgency to do so when the matter was filed.

Two weeks ago Judge George Odunga declined to give temporary orders suspending the law but certified LSK matter as urgent.

Judge George Odunga said: “I am not satisfied to grant orders of stay as there is no likelihood any action will be taken in the next seven days.”

This is after Law Society of Kenya moved to court through lawyers Nzamba Gitonga, Prof Tom Ojienda, Michael Muchemi and Peter Wanyama this morning seeking the high court to suspend the act claiming its unconstitutional act.

Mr Kitonga said the matter was urgent given that the Judiciary is currently involved in the recruitment of the Deputy Chief Justice and if the orders are not granted, there was likelihood that the unconstitutional criteria prescribed in the amendment will be used.

The amendment changed the Act to compel the Judicial Service Commission to forward three names to the President instead of one as provided for previously.

Lawyer Nzamba Gitonga told the court that the matter is of great public interest and orders sought would not prejudice the Attorney General and the national Assembly.

He further said the senate was not involved when the amendment were passed by the National Assembly as per Article 118 which is a gross violation of the constitution.

Several organizations filed their application on the matter seeking to be enjoined as interested party on the matter which was not opposed.

Kituo cha Sheria and International Commission of Jurists joined as friends of the court.
Lawyer Soyinka Lempaa made a successful application for Kituo Chha Sheria and other two organizations.

Some of the organization enjoined as interested parties in the matter are the Centre for Enhancing Democracy and Good Governance, the Reforms Education Consortium, the Katiba Institute, Kenya Human Rights Commission, National Civil Society Congress and the Judicial Service Commission.
LSK asked the court to order immediate suspension of the implementation of the new law.

It says the law erodes the independence of the judiciary and makes the Judicial Service Commission subject to control of the executive.

In the amendment of the Judicial Service Commission Act, a requirement was introduced for the commission to forward to the President three names of qualified candidates for the position of Chief Justice and Deputy Chief Justice.

BY SAM ALFAN.

Nairobi County Chief of Staff George Wainaina Njogu Secretary Rosaline Oluoch before Nairobi Anti-Corruption court where she’s facing grafts charges against her on Friday January 8, 2016.
BY SAM ALFAN.
Kidero Chief of Staff is facing 10 years imprisonment or a fine of 1milion if prosecution proves grafts charges labeled against them.

George Wainaina NjoguIS accused of bribing Nairobi Senator Mike Sonko to stop documenting how the said senior officers are constructing private and development houses using public fund.

Wainaina is accused that on January 5, 2016 at Kenyatta International Conference Center at Senator Hon Mike Sonko office being a person employed by a public body by Nairobi County Government as Chief OF Staff corruptly offered benefit of Kshs,1,000,000 to senator Mike Sonko as an inducement for him to stop pursuing the matter where he had invited the media to accompany him in documenting how the said senior officers are constructing private and development houses using public fund, a matter relating to the affair’s of the said public body.

He denied all the charges and Principal Magistrate Felix Kombo released him on bond of Sh2million or a Sh800, 000 cash bail or remains in custody until his grafts case is heard and determined.

Wainaina Njogu and his secretary Rosaline Oluoch are being accused on January 6, at County Chief of Staff Office at City Hall being employed by a public body as Chief of Staff and Secretary respectively, jointly conspired to commit an offence of corruption by offering Kshs. 1.000,000 to Hon Senator Mike Mbuvi Sonko, as an inducement for him not to pursue the matter where he had invited the media to accompany him in documenting how the said senior officers are constructing private and development houses using public fund., a matter relating to the affair’s of the said public body.

Rosaline Oluoch is facing another count of being found in possession of Kshs.500, 000 that had reason to believe had been acquired by the said Rosaline Oluoch as a result of corrupt conduct, held or accused the said property to be used.

He denied the two counts and she was released on a cash bail of Sh500, 000 or the alternative surety bond of Sh1.5 million.

Nairobi City County Chief of Staff George Wainaina was arrested on Wednesday night last week by officers from the Ethics and Anti-Corruption Commission.

The officers had first raided his office at City Hall but did not find him. They took away crucial documents and asked his secretary to accompany them.

Nairobi County Government Chief of Staff George Wainaina and his secretary Roseline Olouch have been released on a Sh200, 000 cash bail.

In a statement read by Deputy Director Corporate Communications Kairichi Marimba, EACC deputy CEO Michael Mubea says the bribe was an inducement to the Senator to have a suit he filed over the Loresho land owned by Nairobi water and Sewerage Company dropped.

“The commission wishes to confirm that the Chief of Staff at the Nairobi County Government and his secretary were yesterday arrested and booked at EACC headquarters police station for investigations,” he said.

The land was recently repossessed from a private developer, who had already started construction just a few metrers from the reservoir that serves the Nairobi populace with clean water.

The Loresho plot LR NAIROVI/BLOCK 90/599 is owned by Nairobi Water and Sewerage Company.
EACC detectives want to establish why the two county officials wanted the suit by Sonko against the private developer dropped.

The case will be heard on 14 of May 2016.

Former judiciary Chief registrar Gladys Shollei before Nairobi Anti-corruption court where she denied charges of abuse of office and flouting procurement Laws on Tuesday January 12, 2016.

BY SAM ALFAN.
Former judiciary Chief registrar Gladys Shollei has been charged with abuse of office and flouting procurement laws.
Gladys Shollei pleaded not guilty to accusations of changing terms and conditions in awarding a contract to Timsales Company for the construction of Mavoko law courts without the approval of the Tender Committee.

Principal Magistrate Felix Kombo released her on bond of Sh1million or a Sh300, 000 cash bail.
She’s charged alongside other seven former judiciary senior officials.

The seven are former deputy chief registrar Kakai Kissinger, Martin Otieno Okwata (former director of supply chain management), Benedict Abonyo Omollo (former director of finance) and tender committee members Wycliffe Wanga Ombunde, Nicholas Muturi Okemwa, Nicholas Mbeba and Thomas Oloo Atak.

They are accused of failing to comply with procurement laws by awarding a direct tender to Timsales Limited and increasing the advance down payment to the company from 10 per cent to 50 per cent.

They also jointly face a charge of abuse of office for awarding Timsales the tender to construct the Runyenjes Court Station without following the procurement process, leading to the loss of Sh18.3 million.

Ms Shollei, Mr Kissinger, Mr Okwata and Mr Omollo face a charge of abuse of office for changing the terms and conditions of a contract awarded to Timsales without the approval of the tender committee.

This is after Director of Public Prosecutions Keriako Tobiko recommended former Chief Registrar of the Judiciary Gladys Shollei prosecuted together with seven others over irregular payment of Sh46 million for work not done to a construction company tasked to build the Mavoko Law Courts.

Others include the former deputy Chief Registrar of the Judiciary Kakai Kissinger and Thomas Oloo, Transport Officer at the Judiciary among others.

“Upon careful and independent analysis of the evidence in the inquiry file, the DPP was satisfied that there is sufficient evidence to support the recommended charges against all the suspects,” Tobiko said.

“The DPP therefore accepted EACC’s recommendations and directed that prosecution should ensue immediately.”

Tobiko also recommended the prosecution of Machakos County Secretary Francis Mwaka and five others for criminal offences that range from abuse of office and corruptly receiving a benefit.

Nairobi senator Mike Sonko leaving Milimani law courts after high court halted a private developer from carrying out construction at a disputed site which had originally been earmarked for the expansion of a public school.
BY SAM ALFAN.

A Nairobi court has halted a private developer from carrying out construction at a disputed site which had originally been earmarked for the expansion of a public school.

The court issued injunction against Kensom Holdings company limited  following a public outcry and a suit lodged under a certificate of urgency by Nairobi senator Mike Sonko.

The senator states that the board of governors of Lavington Primary school “is the allotee and occupier of LR Number 3734/596 and 3734/799 in which a public school is constructed.”

Sonko claims that Kensom was unlawfully allocated the dispute property through a lease registered by the Nairobi county government and that excavation is already underway on the playground.

“The plaintiff having been established as a community public school and had been allocated the public property has a good title over the land,” Sonko’s lawyer  Martin Kuruga told the court.

He said the school stands to suffer irreparable loss  if the defendant is not restrained from grabbing the property.

The school’s principal Ms Agnes Ndolo has annexed an affidavit stating that the two land parcels had been earmarked for the construction of classrooms and school playground for its 1600 pupils.

“On December 19 the defendant stormed the school, destroyed the school gate and fence and commenced excavations,” the affidavit reads.

She states that a demonstration followed in which the “trespassers” were forced to retreat but have now regrouped and “continues with night excavation.”

The principal in her sworn affidavit stated that the land had been grabbed from the school and illegally leased to Kensom.

“Normal learning has been disrupted and we seek restraining orders,” the affidavit reads.

The county holds the suit property in trust of the public and “has no power to neither transfer it to a private entity nor alienate it into private ownership, the court was told.

Magistrate Linus Kassan has ordered the OCS Muthangari police station to ensure compliance with the orders pending the hearing and determination f the case.