Blog Page 446



KANU Secretary General Nick Salat (left) and lawyer Valentine Ataka leaves Milimani law courts after the high court ordered the release of a former cabinet minister John Cheruiyot from prison where he is serving a six month civil jail for failing to pay a debt of ksh 2.3 million on Thursday September 10,2015..
High court has ordered former co-operative minister John Cheruiyot to deposit Sh 500,000 bond to secure his release from prison and be able to pursue the appeal against the sentence of failing to pay a debt of Sh 2.3 million.
Justice Roselyn Aburili gave the tough conditions which include placing a similar surety.
The judge said upon release he should deposit a bond of Sh 3 million in court.
Justice Aburili further said that appeal before the appellate court should be prosecuted within twelve months.
The court was persuaded by Cheruiyot’s lawyer Mr Valentine Ataka, that the family has made an offer of Sh 1 million as part the settlement of the debt owed a businessman Anthony Lang’o Odhiambo.
The politician was arrested August 22 following the execution of a warrant issued against him on January 6 requiring him to honor a decree in favor of the businessman who had printed and delivered 50,000 Kanu paper caps to Cheruiyot in November 1994.
An interlocutory judgment had been slapped against Cheruiyot on January 26, 1998 for failure to enter appearance and defence in the civil suit filed by Lang’o in 1997.
The businessman had explained how Cheruiyot had ordered the paper caps on June 16, 1994 at a cost of Sh12/50 each and paid him with a personal cheque of Sh60, 000.
Cheruiyot had reportedly issued a cheque for Sh10, 000 but it bounced and the balance of Sh565, 000 was never settled. The outstanding debt had accrued Sh1, 660,264 in interest.
The aggrieved businessman had initially sued Cheruiyot alongside former Kanu Chairman, Wilson Ndolo Ayah, former Secretary General, the late Joseph Kamotho and the treasurer, Japheth Lijoodi, but trio were removed from the proceedings by the court.
Nairobi Senior Principal Magistrate, Martha Mutuku while passing the sentence, dismissed an assertion by Cheruiyot that he had suffered a series of misfortunes and could not make good his promises to settle his indebtedness.
“It is not enough for him to state that he is ready and willing to pay the debt without any offer. The plaintiff is also entitled to enjoy the fruits of his judgment,” she pointed out.
The magistrate observed that Cheruiyot had promised to pay on December 15, 2012 but did not fulfill his obligation.
“Cheruiyot has not shown any commitment at all to honor the debt despite the numerous times he has been accommodated by the court. I hereby order that he be committed to civil jail for a period of six months,” Mutuku said in her ruling.





Uganda government seem to have vowed to make the campaign of former countries Prime Minister Patrick Amama Mbabazi difficult after he was denied a consultavi venue today by the Jinja Town Clerk.
Ugandan Police in Jinja have stopped all the intended rallies for presidential aspirant John Patrick Amama Mbabazi during his eastern region consultative meeting in Jinja today.
According to the Ugandan newspaper the Daily Monitor,the Regional Police Commander for Kiira region SP. Edison Nyabongo told the press at his office along Belle Avenue that police received a communication from Jinja Town Clerk David Kyasanku denying Amama Mbabazi the venues he had proposed to use for his rallies at Kakindu stadium and Kazimingi industrial park in the town.
Presidential aspirant Amama Mbabazi has dismissed the claim by Jinja Town Clerk that he could not be allowed to access the venue for his consultative meetings because it had already been booked by police for training activities.
Mbabazi was, on directives of the town clerk, barred from all the venues he had booked for his consultative meetings in Jinja town today despite previous clearance from the mayor.
“We paid money for the venue and it was received, if it was pre-booked by Police, why would they receive our money,” Mbabazi told journalists in Mbale today morning.
“They are only complicating my process. You don’t have to belong to any party to consult. Even independents can consult.
The only way you can educate ignorant people is showing them the right thing. The law permits me to consult,” Mbabazi added.
In the said communication dated 8th September 2015, Mr Kyasanku tells the chairperson of the organizing committee of Mbabazi’s consultative meetings Mr Robert Kanusu that the Uganda Police had booked Kakindu stadium from 9th September to 8th October to carry out their activities and therefore Amama could not access it.

“I regret to inform you that permission on the selected days for the venues requested for is not granted unless an alternative free Hall is sought for,” reads Kyasanku’s letter.
The Town clerk also claims he received a petition from Jinja Taxi Operators Association requesting him not to allow political activities at Kazimingi venue for fear of disrupting taxi business.

Nyabonngo also said he received another communication from Chairman of the Electoral Commission Badru Kigundu stopping political rallies of presidential aspirants before the official campaign dates.

Earlier, Kanusu had called Mbabazi supporters to welcome their candidate at Kazimingi for a rally. Early this morning Mr Kanusu said they were still consulting their legal team to give them direction on the matter.

He insisted Mbabazi’s plan to consult is still unchanged.



Ghanaian authorities on Wednesday suspended 22 junior judges accused of bribery after they were captured on video, the judicial secretary said in a statement.
This is according to an article published online by THE NATION and other international media platforms.
The Judicial Council is also probing the conduct of 12 high court judges and several other court officials, who had been mentioned in the video, which was recorded by undercover agents, the Judicial Secretary said in a statement.
An investigative journalist with the newspaper Crusading Guide released the video last week and petitioned President John Mahama and Chief Justice Georgina Wood to remove the judges from office, Reuters reported.
Following the expose, the Judicial Council held an emergency meeting and recommended the suspension of the 22 junior judges as part of the investigation process after taking initial responses from them, the statement added.
An anti-corruption group, the Ghana Integrity Initiative, and a local policy think tank, Institute of Economic Affairs, have for years cited the judiciary as one of the most corrupt institutions in Ghana.



wa warimu

Mugo wa Wairimu the owner of a clinic linked to a video showing a man raping an unconscious at Limuru police station after he was arrested.
‘Gynaecologist’ and the owner of a clinic linked to a video showing a man raping an unconscious Mugo wa Wairimu was arrested in Limuru town on Thursday following a tip-off from the public.
Wairimu was arrested over allegations that he raped a patient at his Prestige Healthcare Centre in Githurai 44 and Zimmerman estates, Nairobi County.
Mr Mugo wa Wairimu was arrested on Thursday in Limuru, Administration Police Commander Stephen Ndegwa said.
Mr Ndegwa said the man was arrested at a hotel in Limuru while taking tea.
Mr Mugo Wa Wairimu posted on his Facebook page that he was in “the hands of Tigoni police”.
His post read: “Unbowed. Safely in the hands of Tigoni police”.


Kenyans took their frustrations to social media on Wednesday, asking the police to speed up the arrest; with some saying the police were being lenient on him.
The founder of Okoa Dada Kenya, Ms Diana Okello, expressed her dissatisfaction with the way police were handling the matter and threatened to mobilise women to demonstrate if the man was not arrested within 48 hours.
The video recorded using a hidden camera was broadcast on Citizen TV during prime time news on Sunday night.
According to the TV report, the video was recorded at the Prestige Health Care clinic in Githurai 44. The clinic is run by Mr Mugo. A medical board said he is not a qualified gynaecologist.
The video showed a woman on a doctor’s examination table and a man undressing before climbing onto the table and engaging in sex with the sedated woman.
Police had been searching for Wairimu, who is alleged to sedate and rape his patients, following DPP Keriako Tobiko’s directive for speedy investigations.
IG Joseph Boinnet ordered his officers to find Mugo and take him to court without delay.
He also appealed to victims or anyone else with information to present it to the Kasarani police station for action.
This follows a news report carried by Citizen TV showing footage of a man in a medical clinic, said to be owned Wairimu, engaging in sex with a seemingly unconscious woman.




SONU chairman Babu Owino (Centre) together with student representatives from 11 universities outside Milimani law courts after filling a suit in which a student from Mt Kenya university have gone to court seeking to stop Kenya school of law from administering an examination before students join the college on Wednesday September 9, 2015.
A student has gone to court seeking to stop Kenya School of Law from administering an examination before students join the college.
Kariuki Muchemi, a student of Mt Kenya University says Kenya School Law is breaching the law since the three years grace period when the pre bar examination s would commence have not elapsed.
The Kenya School of Law act of 2012 gave a grace period of three years to allow students who already in law schools in various universities to complete their studies and join KSL without the pre bar examination.
However the 3000 students from 11 universities who have filed their case through Muchemi argue that they entered law school before the act came to force and therefore they ought to be allowed to enter l KSl without undertaking the pore bar examination.
“There was a legitimate expectation that immediately I am conferred or I am eligible for conferment of an LLB Degree I will gain direct admission to the Kenya School of Law since I joined Mt Kenya University way before coming into force of the Kenya school of Law Act , 2012,” said Muchemi in his affidavit to court.
KSL last week placed advertisement in National Dailies inviting students who intend to join the college to prepare for Pre-Bar examination in movement.
The students want the pre bar examinations slated for November quashed and KSL barred from administering any Pre Bar examination until the transition period is over.
Council for Legal education which accredits Universities law schools, Kenya school of law and Attorney general have been named as respondents in the case.
They argue decision by KSl is contrary to Doctrine of Legitimate expectations.



Gatundu South Member of Parliaments lawyers Danson Mungatana,MP Moses KURIA(center) and law Society of Kenya (LSK) CEO Apollo Mboya during the hearing of a case in which the state have sued the legislator for posting of the alleged hate messages in facebook platform in relating of the Gikomba fire last year.
Statements posted by controversial Gatundu South MP Moses Kuria on social media relating to the Gikomba fire last year did not amount to hate speech or incitement, Court heard on Wednesday.
The Chief Executive Officer of the Law Society of Kenya (LSK) Apollo Mboya was put on the spot by Kuria’s tough Lawyer Danson Mungatana to explain whether the remarks linked Cord Leader Raila Odinga or any ethnic Community in anyway.
In his response, Mboya said the statements were not linked to Raila but were laced with hate speech and ethnic contempt on May 16th 2014.
Earlier on, Mboya had stated that the statements were linked to Cord Leader Raila Odinga since Kuria had written the attacks were planned from Boston where Raila was at the moment.
Mboya told the court that he was called by four people which included advocates to check the various updates the Gatundu South MP had allegedly made.
However Kuria’s lawyer Danson Mungatana questioned whether Mboya acted on a personal initiative or as mandated by LSK since there were no minutes to indicate the council recommended Kuria’s Prosecution.
Mboya defended himself saying the agreement was met by an evaluation team.
‘I made communication with the office of the Director of Public Prosecution which included screen shots of the said posts. The DPP then requested the Inspector General of police by a letter to cause speedy thorough investigations on allegations and submit a report and findings,” he said.
Mboya denied the issue of political enemity saying that he forwarded the issue to the DPP because the social media updates would have caused incitement
Kuria had written on social media, “I think it’s just a matter of time before Kenyans start violence against perceived terrorists, their sympathizers, their financiers and those issuing travel advisories without sharing intelligence. I am not sure I will not be one of those Kenyans. When you touch Gikomba the nerve centre of our economic enterprise,y ou really cross the line. Brace yourself. Choices have consequences.”
He was charged after the Law Society of Kenya (LSK) wrote to DPP Keriako Tobiko demanding that action be taken against the legislator for posting messages which they said displayed and encouraged ethnic hatred.
On June 2014, he was charged with three counts of incitement to violence on Facebook and was released on a cash bail of Sh2 million. Kuria was later charged on the recommendation of the National Cohesion and Integration Commission (NCIC). He however sought an out-of-court settlement where he was to offer an apology for his postings and refrain from committing similar offenses in future.
He had earlier been charged with hate speech after he linked Gikomba bomb blasts to members of the Luo community.
Watch the clip on You Tube.



Julius Yego has been named Tusker Lager’s Brand Ambassador.                                                        Yego-1This comes after the YouTube javelin king complained about Tusker using his image without permission following his world Athletic championship.

 The deal was announced through the facebook page. Yego, who has been touted as a self-taught YouTube athlete, complained on his personal page when East African Breweries Limited used his IAAF win to market their product.                         One social media user, Naomi Mutua explained that the issue could be that the brand is not aligned with his personal convictions.

“The issue is the association with alcohol, not branding or image. That’s why he hasn’t said anything about other brands on the same,” posted Mutua.

The tune has now changed as the YouTube athlete was all smiles as he signed the brand ambassadorship deal with the brewer.




Immediate Deputy Inspector General of Police Grace Kaindi and President Uhuru Kenyatta.
Outgoing Deputy Inspector General of Police Grace Kaindi has filed an application seeking to overturn the decision of President Uhuru Kenyatta to transfer her.
The application has been certified as urgent vacation judge Justice Joseph Onguto, who directed that the same be served upon the AG and National Police Service Commission.
“Petitioner has raised constitutional issues and a decision has already been made by the president” Said Justice Oduor.
The Judge further said Security is a very sensitive issue and it cannot be a social experiment.
Justice Oduor certified the matter urgent and directed Kaindi to serve all parties and appear in court on September 16.
The judge granted Kaindi leave to file judicial proceedings to challenge the decision of the President to retire her.
Kaindi also want the court to issues orders against the national police service from replacing or declaring any vacancy in the position of the Deputy Inspector General of the national police service or implementing her transfer o.
She filed the suit through a certificate of urgency; Kaindi argues that the said decision was never put on paper, amounting to a roadside declaration-against the law.
Kaindi claims she learnt her dismissal from the service through the media and she has not received any official communication from the national police service regarding the transfer or deployment.
“By virtue of the constitutional provisions and the NPSC Act, the DIG cannot be fired without following the due process of the law and to this end the President did violate the constitution. There is no provision in law for a DIG to be in office in acting capacity and therefore the alleged replacement is null and void,” Odour said.
She said in her affidavit that, the manner in which a senior state officer of the caliber of deputy inspector general can be treated leaves much to be desired on how the executive arm of the government can treat vulnerable citizens.
The former Deputy Inspector General claimed the alleged removal from office and the manner in which she was injected offends the constitution that governs the country.
She is also claiming her life is in danger since her official motorcade was withdrawn.
“My official motorcade and body guards were withdrawn without any explanations whatsoever exposing my persona to great danger contrary to the law”
Kaindi wants the High Court to quash the decision and stop her transfer to civil service as ambassador.
She claims in her court documents that, on 31 of August president Kenyatta purported to have transferred the deputy general of the police, Grace Kaindi from the police service to public service against Article 245 and 246 of the constitution.
“The said decision was never put on paper amounting to a road side declaration against the law” said Kaindi
Immediate DIG also claims in effecting the transfer or retire her, President Uhuru Kenyatta was usurping the powers of the national police service commission as enshrined in the constitution.
“The deputy Inspector General holds a constitutional office and was appointed on the basis of a competitive process by the national police service” said Kaindi in her court documents.
Kaindi say she purported appointment replacement did not factor in the issue of gender as contemplated in the constitution.
She further said the DIG has a five year contract which is to end in 2018 and the alleged transfer has violated the said contract.



Meru Governor Peter Munya with health workers in the county.
Meru County Government has resolved the issues raised by the health workers in the county after a successful meeting between Governor Peter Munya and the Health workers’ Union leaders at His office in Meru town.
The two parties agreed to form a task force to look at the issues and give a report in three months.
The county government and the unions maintained their hardline stands as workers strike entered its third day Thursday.
This is despite county government and the unions maintained their hardline stands last week.
Last week Health Secretary William Muraah says the four unions representing the 1,600 medics did not serve them with strike notices on August 17.
Governor Peter Munya responded: “We have absolutely no information on why the workers are on strike because we had paid all salaries by September 1.”
However, copies of strike notice letters produced by the union’s show they were served to the officers of Chief Officer of Health, County Secretary and the County Public Service Board (CPSB). Despite the revelation, the county government will not budge. “A stamp does not necessarily mean that the letter was received at the office and we challenge anyone to prove otherwise,” Dr Muraah said. Munya said the county was relying on the media to know what the medics’ grievances are. See also: Nyeri County plans to sack nurses if they fail to resume duty But Kenya Clinical Officers Association Meru branch chairman Wilson Namu said the county officials were being dishonest because the notices were hand delivered and acknowledged by stamping. Other unions whose members are participating in the industrial action are the Kenya National Union of Nurses, the Association of Medical Lab Officers and the Kenya Medical Practitioners and Dentist Union.
The accused the county government of failing to manage the human resource in the health sector. They have more than 10 grievances. Determined not to lose in the war of words, the county administration alleged that corruption cartels that had a stranglehold in the sector are fighting back through the unions, especially after an audit at the Meru Teaching and Referral Hospital discovered massive fraud and waste of public resources. “We are investigating some officers after claims of a Sh3 million fraud on the National Hospital Insurance Fund was unearthed,” said Munya. He said daily collections at the hospital had hit Sh300,000 and projections were that a staggering Sh6 million was previously being lost every month.





The construction of the Standard Gauge Railway that is set to revolutionize rail transport in Kenya is well underway.
Ethic s and Anti Corruption Commission detectives have arrested two senior managers of the China Roads and Bridge Construction Company for allegedly offering a bribe to Kenya Highways Authority officials.
The two had been arrested near Emali trading center for overloading and according to EACC, they attempted to bribe the officers to avoid facing charges for overloading.
The two were identified as Tang Ju and Liu Yabin Chinese Engineer/Liaison officers.
The Anti-Agency body arrested the two following complaints overloaded lorries carrying construction materials for the Standard Gauge Railways were being fraudulently allowed to operate on the roads.
EACC officials said Ju was arrested last Friday evening for allegedly offering a Sh100, 000 bribes to an officer working for the Kenya Highways Authority so as to forbear pressing charges of overloading.
“Two trucks belonging to the China Roads and Bridge Construction Company were detained during a joint operation by Kenya Highways Authority and EACC officers, on Mombasa Highway near Emali Trading Centre for overloading,” said a statement by the commission.

Ju’s passport was withheld by police as he was released on a cash bail of Sh200, 000 so as to take plea at the Machakos Anti-Corruption Court on Tuesday, September 8.
Yabin, was also arrested for offering and giving a bribe of Sh30, 000 to an official working with the authority on Saturday.
Two trucks belonging to the construction company were arrested during a joint operation by Kenya Highways Authority and EACC officers, on Mombasa Highway near TaruTrading Centre for overloading.
According to police, Yabin’s passport was also retained was released on a cash bail of Sh60,000 so as to take plea at the Mombasa Anti-Corruption Court on Friday September 11, officials said. The company is among those involved in the construction of SGR from Mombasa to Nairobi, a distance of about 400 kilometers.