Senior Counsel Ahmednasir Abdulahi for Judicial service commission and Kioko Kilukumi for Deputy Chief Justice Kalpana Rawal who is challenging her retirement at the age of 70 leaving Milimani law courts on Wednesday September 16, 2015.
BY SAM ALFAN.
High court is expected on Wednesday to rule on whether the suit filed by Deputy Chief Justice Kalpana Rawal challenging the decision of Judicial Service Commission to issue her retirement notice to take effect on 2016.
Rawal moved to court on Monday through her lawyers Kioko Kilukumi and George Oraro, told Justice Isaac Lenaola, that the Judicial Service Commission has violated section 3(1) of the sixth schedule to the constitution by choosing to retire her after attainment of the 70 years.
She has also sued the secretary to the JSC who issued the communication an placed an advertisement in Sunday Standard of 13 September 2015.
Judicial Service Commission has faulted Deputy Chief Justice Kalpana Rawal in her bid to stop the recruitment of her successor.
“Justice Rawal is currently on a terminal leave while another Supreme Court Judge Philip Tunoi is not sitting” said Ahmednassir while opposing.
The commission also, through lawyers Ahmednassir Abdullahi, Prof Tom Ojienda and Charles Kanjama, objected to the DCJ’s application being heard at the constitutional court.
“Her application is without merit, misconceived and an abuse of the court process meant to frustrate the JSC,” said Ahmednassir.
“This is a dispute between an employer and an employee, which should be heard at the Employment and Labour Relations Court.
Senior Counsel Ahmednassir further opposed Justice Rawal’s application to have the case heard by at least three judges saying the matter doesn’t have any issues that can be heard by the bench of uneven number of judges.
He argued that the case did not raise weighty constitutional questions to warrant a bench.
But the DCJ, through lawyers George Oraro and Kioko Kilukumi, insisted the matter be referred to Chief Justice Willy Mutunga to constitute a bench.
The lawyers said the matter involved the interpretation of when judges appointed under the former constitution should retire.
“This dispute goes beyond Justice Rawal, it is an issue which goes beyond employment dispute but to the core of constitutional interpretation which warrants a bench of uneven judges,” said Mr Oraro.
Judiciary Registrar Anne Amadi swore that Justice Rawal had agreed to retire at the age of 70 when she applied for the post of DCJ.
She wondered why Justice Rawal changed her mind when the commission served her with a retirement notice and advertised for the position.
“The question of her retirement age was put to her during the interview to which she answered that she would retire at 70.
Justice Lenaola will rule on whether to transfer the case to the Chief Justice Dr Willy Mutunga to appoint a bench of uneven judges to hear the matter for once.
COURT TO GIVE DIRECTION ON DCJ RAWAL CASE TOMORROW.
SDA CHURCH OFFICIAL STOPPED FROM TALKING OVER OFFICE.
City Lawyer Moses Nyambega addressing the court during the hearing of a civil suit brought against officials of the central Kenya Conference by Geoffrey Asanyo and Charles Maranga at Milimani law courts on Wednesday September 16, 2015
BY SAM ALFAN.
High court has halted officials of Central Kenya Conference from taking over the church management and function pending the determination of dispute touching on leadership.
Justice Roselyn Aburili, said that a dispute has arisen as shown by the two applicants Geoffrey Asanyo and Dr Charles Maranga claiming some church ministers purported to hold election on 6 to 8 September 2105 at Karura SDA Church Nairobi
The judge observed until all parties are heard the interim order issued on 11 September 2015 shall remain in-force until the inter parties hearing.
Justice Aburili said there will no prejudice suffered by the defendant, if the order is extended until 21 September when the matter will be heard by all parties.
The two applicants Mr Asanyo and Dr Maranga, have submitted to the court said election was irregular and lawful as current officials were not involved.
They said through their lawyer Moses Nyambega, that proper procedure was not when the elections were held.
He told the court that the current officials were elected on 30 March 2010 and their term will expire on 30 November 2015.
Consequently John Kiragu Jeremy of Central Kenya Association, Samuel Makori, Alfred Gitonga Makundu of East Africa Union Conference, Kennedy Maina, Japhet Ochorokodi and David Sande of West Kenya Conference, Blasious Raquri Alain, Jerome Habicha of East Central Africa Division cannot hold themselves has officials of Central Kenya Conferrer
Mr Nyambeya further submitted to the court that defendants lacks the legal capacity to call for election of the Central Kenya Conference to hold themselves as executive director, Secretary general and Treasurer respectively.
DOCUMENTS HITCH HITS KIAMBAS SH17 MILLION CITY HALL FRAUD CASE.
Former Nairobi County Government chief accountant Jimmy Mutuku Kiamba during the hearing of a corruption case he is accused of stealing sh17 million from the Nairobi county government at Milimani law courts on 15 September, 2015.
BY SAM ALFAN.
Nairobi county Government Director of Procurement has testified in a corruption case Nairobi County Government chief accountant Jimmy Mutuku Kiamba and other four officials are accused of stealing Sh17 million from the county government.
The officials allegedly committed the offense on diverse dates between November 1, 2013 and December 3, 2014 at the City Hall within Nairobi County.
Mr Solomon Obiero who is county procurement Director was the first witness in the trial began today after it was adjourned yesterday.
Mr Obiero was shown several cheque of 750.000 paid to Regina Chepkemoi Rotich on 12, August 2014 through cooperative bank city hall branch signed by the county chief financial officer Mr Jimmy Kiamba and Stephen Ogaga Osiro paid for the purpose of the stationery to the Department of finance of the Nairobi County Government and the goods were not supplied.
According to the vouchers shown to the witness, the payment was done in the name of Regina Chepkemoi for computers repair and servicing of printers and it was signed by Nairobi County Chief accounting Officer Jimmy Kiamba and Nairobi County Secretary Lillian Ndegwa.
The trial was adjourned after the defence said they needed time to prepare to cross examine the witness and they needed all documents which they have not been served with.
Former Nairobi County Government Secretary Lillian Ndwega Lawyer Paul Ng’arua made the application seeking for the disclosure of materials that they needed for cross examination which is in the hands of city hall ,Director of public prosecution and Ethics and Anti-corruption.
Anti-corruption Chief Magistrate Kennedy Bindari directed that he will deliver the ruling on the disclosure of documents on 24 of this month.
The officials allegedly committed the offense on diverse dates between November 1, 2013 and December 3, 2014 at the City Hall within Nairobi County.
The County Secretary who had earlier been charged faced another count of making payment from the public revenue for goods not supplied contrary to the law.
Wanjiru was accused that on October 30, 2014 at the City Hall, She fraudulently made payment from public revenue of Sh 750,000 to Regina Chepkemoi Rotich.
She allegedly signed a Cheque for the purpose of the stationery to the Department of finance of the Nairobi County Government and the goods were not supplied.
The officials faced several other charges of the abuse of the office contrary to the law. The defence Counsel applied for lenient bond terms and copies of the witness statements.
The trial will resume on 24 of this month for Mr Obiero cross examination by the defense team.
MAN WHO KILLED GOVERNOR MUTUA COUSIN TO HANG.
Machakos Governer Dr Alfred Mutua who a young man accused of killing his cousin was sentenced to death by a Nairobi court today.
BY SAM ALFAN.
A young man accused of killing a relative of Machakos Governor Dr Alfred Mutua during a robbery with violence at Golden Gate in South B in Nairobi County was today sentenced to death by a Nairobi court.
Senior Principal Magistrate Charity Oluoch convicted the accused Daniel Kihungi Njeri, alias Daddy, saying he was properly identified by witnesses during police parade as one of the armed gang who violently robbed Daniel Kyalo Mwanzo on March 21, 2013 at Golden Gate in South B.
While passing sentence the magistrate said that one of the victims Lawyer Monica Wanjiru had positively identified the accused as one who was armed with a gun during the robbery.
During evidence in chief Wanjiru had told the court she was the first victim of the three man gang that killed Mwanzo on March 21, 2013 at Golden Gate in South B.
The lawyer told the court that she identified the accused at the police parade and also in the court during the trial of Mr Daniel Kihungi Njeri, alias Daddy, who is charged with attempted robbery and
killing Mr Mwanzo at Golden Gate, South B.
She said the gunmen commandeered her car before getting involved in an accident and later shot Mr Mwanzo dead as she watched.
The lawyer said she was returning home from work at around 6pm and she was about to drive into her compound when three men attacked her at the gate.
The thugs, she said, were all armed with pistols and was banging on the sides of her car before one of them yanked a side door open and ordered her to the back seat but she refused and was punched on the nose.
She said her phone was snatched and a gang-member went for the car key which was still lodged in the ignition chamber.
The witness said she managed to escape and saw them start the car and attempt to speed off, but it rolled in the middle of the road and they all got out.
Ms Wanjiru said a white car approached and the thugs tried to stop it, but the driver sped off shortly before a Range Rover appeared and the driver slowed down.
“The men pointed guns at the driver and told him to stop,” the witness said. She said she heard gunshots and saw the vehicle accelerate before it hit a wall.
Investigating Officer Mr John Shegu in his final evidence in the case said on the material day he and other police officers were called to rushed at the scene of robbery. He said they took the deceased to Mata Hospital where he was pronounced dead on arrival.
DCJ RAWAL AGAINST HER RETIREMENT.
Deputy Chief Justice Kalpana Rawal Lawyer s Kioko Kilukumi and George Oraro leaving Milimani law courts after they were directed to serve Judicial Service Commission in an application DCJ is challenging her retirement notice to take effect on 2016 on Monday September 14,2015.
BY SAM ALFAN.
Deputy Chief Justice Kalpana Rawal has filed a petition in the high court challenging the of Judicial Service Commission to issue her retirement notice to take effect on 2016.
Justice Rawal says that the communication by JSC through a notice and advertisement in local newspapers over the weekend is arbitrary, illegal and unconstitutional.
Through her lawyer Kioko Kilukumi and George Oraro, told Justice Isaac Lenaola, that the Judicial Service Commission has violated section 3(1) of the sixth schedule to the constitution by choosing to retire her after attainment of the 70 years.
She has also sued the secretary to the JSC who issued the communication an placed an advertisement in Sunday Standard of 13 September 2015.
She will be asking the court when the matter comes for inter parties on Wednesday 16, that a declaration be issued to JSC effectively it has no constitutional and statutory role in the allocation of judicial duties to individual judges and cannot therefore purport to issue notice for reticent.
Kilukumi told the court that the judges will application for an order to quash both notice and advertisement declaring her position vacant come the 2016.
Rawal will turn 70 year in 2016, she is Vice President of the supreme court, was appointed as commissioners of Assize on 2 June1999 and thereafter a judge of the high court Under section 62 of the repealed constitution.
The JSC served the Justice Rawal with the notice to retire on the 1st of September 2015 and went on to advertise the position in local dailies five days later.
In a letter dated September 10, Justice Rawal said: “The issue of the retirement age for judges who were serving as at the date of the promulgation of the 2010 constitution has been the subject of debate.”
“By letter dated May 24, 2011, the JSC informed all judges that by virtue of Section 31(1) of the Sixth Schedule of the constitution, the tenure of the judges who had served under the old constitution their retirement age would be maintained at 74 years,’ the letter further stated.
Faced with a possible constitutional crisis over judges’ retirement age, the JSC last week stopped all judges who have attained the age of 70 from presiding over any case.
JSC also issued the notice to the Chief Justice Dr.Willy Mutunga who is expected to retire next year when he attains the age of 70.
KIAMBA FRAUD CASE BEGINS TOMORROW.
Former Nairobi Chief Finance officer Jimmy Mutuku Kiamba at Milimani law courts anti-corruption court during the hearing of a corruption case he’s charged for stealing Sh17 million.
BY SAM ALFAN.
The hearing of the corruption case against former Nairobi County Government chief accountant Jimmy Mutuku Kiamba and other four officials will start tomorrow before the Nairobi Anti-corruption court.
The trial was supposed to start today at Milimani law court before the Anti-corruption Chief Magistrate Kennedy Bindari but the third accused lawyer made an application seeking the matter to be adjourned since he had an high court hearing.
Mr Bindari adjourned the matter and directed the case to be heard tomorrow.
Prosecution was ready with two key witnesses in court. One witness is expected to take the stand tomorrow when the trial starts.
The officials allegedly committed the offense on diverse dates between November 1, 2013 and December 3, 2014 at the City Hall within Nairobi County.
The County Secretary who had earlier been charged faced another count of making payment from the public revenue for goods not supplied contrary to the law.
Wanjiru was accused that on October 30, 2014 at the City Hall, She fraudulently made payment from public revenue of Sh 750,000 to Regina Chepkemoi Rotich.
She allegedly signed a Cheque for the purpose of the stationery to the Department of finance of the Nairobi County Government and the goods were not supplied.
The officials faced several other charges of the abuse of the office contrary to the law. The defence Counsel applied for lenient bond terms and copies of the witness statements.
This was after lawyer Ochieng Ogutu who represented Waithera said the investigation started three months ago and the accused has been co-operating with the police.
“My client presented herself to the investigation officers and was released on Sh 100,000 cash bail,” he said.
Another Lawyer Hirary Kago who represented Wanjiru, said his client is not of fright risk because she is still a public officer and a mother as well.
“The County Secretary has a fixture board. She is a public officer who is innocent until proven guilty and also a mother,” he added.
He requested the court that the accused phones be released because they had been confiscated by the Investigation Officers. The lawyer also applied for copies of witness statements and favorable bond terms.
The prosecution did not oppose their application for bail but said their mobile phones will be required for imaging purposes and will be released later.
They urged the court to grant the accused the cash bail that will ensure that they attend court for the proceedings.
The prosecution applied that the warrant be issued for some of the accused who were not in court for plea taking on grounds that efforts are being made to trace them.
While delivering the ruling for bail terms application the magistrate said he had considered the application for both the defense and the prosecution.
He ordered that the Counsels for the County Government be supplied with copies of the witness statements.
They were released on Sh 2 million cash bail each or alternative bond of Sh 5 million and one surety of similar amount.
Ethics and Anti-Corruption Commission cracked the whip on five top Nairobi County Government officials alleged to have stolen Sh17 million.
The officers were the first to be charged with corruption few days after President Uhuru Kenyatta released the list of shame to the National Assembly.
The Anti-Corruption Magistrate’s court in Nairobi lifted a warrant of arrest issued against two top county officers, moments after three of their colleagues- County Secretary Lilian Wanjiru Ndegwa, Chepkemoi Rotich and Nancy Waithera-took plea.
The two Chief Finance officer Jimmy Mutuku Kiamba and Stephen Ogaga Osiro on Monday appeared before a Milimani senior principal magistrate Peter Ndwiga and denied the charges.
The warrant which was issued last week was lifted after the medical report documents were released at the court.
Defence lawyers told the court that the accused could not take plea last week because they were unwell.
They were accused of stealing the money from the county imprests’ account held at Cooperative.
The matter will be heard tomorrow.
S.SUDAN VOWS TO ENSURE LOOMING SANCTIONS AGAINST INDIVIDUALS OBSTRUCTING PEACE DEAL ARE DROPPED.
South Sudan’s foreign affairs minister Barnaba Marial Benjamin speaks to journalists in Nairobi, Kenya, Monday, April 2, 2012. The government of South Sudan says it is not satisfied with the mediation role of the African Union in resolving its disputes with Sudan.
BY OUR REPORTER.
South Sudanese government said it will continue engaging the international community to ensure threats of sanctions against individuals allegedly obstructing the peace deal it signed with the armed opposition are dropped.
The country’s foreign affairs minister, Barnaba Marial Benjamin exclusively told Sudan Tribune Saturday that the world “deliberately” ignored what caused of the ongoing conflict, but were at the forefront of pushing for sanctions.
“We say the war was a result of the failed coup attempt but the world pays no attention to these important narratives and they decided to impose peace. They have been talking of sanctions which you know will not affect very much the ordinary people.” he said.
“We said no and because the government and particularly president Salva Kiir does not want people to continue to bear the brunt of a senseless war, he decided to sign the peace accord”, he added.
Marial thanked the Russian government for pledging to support South Sudan in the implementation of the recently signed peace agreement and the need to prioritize dialogue, instead of sanctions.
“Our friends have unfortunately turned their backs against us and are now the one spearheading negative campaigns for sanctions.
We have pleaded with them to help us address these differences through peaceful dialogue but they seem to have made up their minds and determined to not listen to us anymore but we will not give up,” explained the South Sudanese foreign affairs minister.
He however stressed that the world’s youngest nation would continue to dialogue with other nations to enhance bilateral relations.
“Our relationships with countries such as the United States of America and its people are historical. We also long history of relationship with Russia. We are not just starting”, further said Marial.
The Sudanese and South Sudanese foreign affairs ministers have teamed up in calling on the Russian Federation to reject the looming sanctions likely to be imposed on South Sudan by the United Nations Security Council (UNSC).
The UN has drafted a US-led sanction to be imposed on any party that will be seen to be against implementation of the peace deal signed on 17 and 26 August by the two parties.
PRESIDENTS WILL NOT ENJOY TAXPAYERS MILLIONS FOLLOWING A COURT DECISION THAT OUTLAWED A LEGISLATION GIVING THEM A ‘HEAVY’ SENDOFF PACKAGE WITH A MONTHLY PENSION AMONG OTHER ALLOWANCES.
Justice Isaac Lenaola who ruled bill asserted by former President Mwai Kibaki giving retired presidents millions and monthly allowances as illegal.
BY SAM ALFAN.
14 days to the end of former President Mwai Kibaki’s term, he assented into law a legislation requiring that retired presidents be given a hefty pay of Sh16.8 million, a Sh560,000 monthly pension and allowances totaling Sh13 million annually.
The law also included a package for the Deputy President and Designated State Officers, which would have given MPs Sh9.3 million send-off benefits.
According to the court, the entire legislation is void because law makers did not consult the Salaries and Remuneration Commission (SRC) when drafting and enacting the Presidential Retirement Benefits (Amendment) Act No. 9 of 2013.
Justice Isaac Lenaola found that the National Assembly did not follow the law requiring SRC to be involved when issues of remuneration and retirement of State officers are involved.
President Uhuru Kenyatta however declined to sign it into law the bill citing inconsistencies.
Enforcement of the law would have made taxpayers part with at least Sh2 billion yearly.
“To my mind, however, while I do not question the legislative power of the National Assembly, I am certain that the law mandated it to seek the input of the SRC as it is the body mandated in reviewing the salaries and remuneration of State officers including the pension of a retired President. It ought at the very least to have obtained its recommendation or consult it before embarking on its legislative mandate,” Justice Lenaola said on Friday.
“This Court does not therefore have any other option but to fault the Presidential Retirement Benefits (Amendment) Act for the failure of Parliament to involve the SRC,” he added.
The sendoff package was initially contained in amendments to the Finance Bill 2012, but the law makers pulled it into The Retirement Benefits (Deputy President and Designated State Officers) Bill 2012 last week after the first rejection. In this, the
The legislation caused uproar among Kenyans and also prompted the Kenya National Human Rights Commission to sue the Attorney General and President Kibaki, saying the law as assented was inconsistent with the Constitution.
TNA SECRETARY TOLD TO EITHER SERVE THE PARTY OR OTHER BOSS.
The National Alliance party (TNA) secretary General Onyango Oloo with party chairman Johnston Sakanja.
BY SAM ALFAN.
The National Alliance party (TNA) Secretary General Onyango Oloo, has to choose between serving as the party’s executive or resign as a Parastatal Chairman.
A court ruling on the matter on Friday 11, 2015 said that a State Officer cannot hold a Public and Political Office at the same time.
Mr Justice Isaac Lenaola stated that Oloo cannot be the Chairman of Lake Basin Development Authority and head TNA at the same time.
This is following a move by a member of his party who sought his disqualification for holding two Public offices.
Rodgers Mogaka argued that since Oloo was appointed as the chairman of the Lake Basin Development Authority by President Kenyatta through gazette notice of December 23 last year, he is not qualified to remain as the TNA secretary general.
Mr Mogaka moved to court on Monday seeking orders to have Mr Oloo removed as the TNA Secretary General on grounds that he is also a state officer.
Mr Mogaka claimed that holding the two positions concurrently is in contravention with Article 77 of the constitution as well as the political party’s Act.
His lawyer Peter Langat told court that TNA may face deregistration due to failure to comply with both the Constitution as well as the Political Parties Act.
Justice Lenaola had earlier declined to grant the order sought and only certified the application as urgent.
MUGO WA WAIRIMU DETAINED FOR 14DAYS TO ALLOW POLICE COMPLETE INVESTIGATIONS.
Mugo wa Wairimu at Milimani law court after police were allowed to detain him for 14 days to complete investigations.
BY SAM ALFAN.
Mugo wa Wairimu who is the owner of a clinic linked to a video showing a man raping an unconscious woman has been detained for 14 days to allow police complete investigations.
Mugo appeared before the Nairobi Senior Principal Magistrate Charity Alouch where police applied for the accused to detain for 30 days saying police are yet to complete investigation on extraction of mobile records, from Communication Authority of Kenya, cyber crime and Medical practioners and Dentist Board.
“The depth investigations to be carried out requires extraction of mobile phone records, phone details and records from the known telephone service provider” says investigation officer in his affidavit.
However ,in her ruling SPM Alouch declined to grant 30 days sought by the investigators and directed the accused to be remanded for 14 days in a police station within Nairobi area.
His lawyer Peter Macharia did not oppose police application to detain his client due to security reasons but opposed the detention of 30 days saying 30 days were too much.
‘My client has been tried in the court of public opinion he’s not assured of his own security” said Lawyer Macharia.
“The offences are alleged to have taken place for a long period of time and victims are in numbers and police need more time to interrogate them” Said Jacinta Nyamosi.
They said the accused was arrested on 10 of September in Limuru Gitungo Hotel, Kiambu County and time within which to conduct investigations is not adequate.
Police further said they needed more time to search two premises where the alleged offences are alleged to have taken place.
“As soon as the matter was aired by the media the accused went missing” Said Jacinta.
Police also in their affidavit said they have not yet obtained statement from accused and the the normal formalities.
“Detailed forensic examinations of the various “clinics” that were being operated by Mugo wa Wairimu and hence the investigations are incomplete” Said the investigating officer.
They further to the court that based on the investigations and several leads being followed up by their team of investigations requires an additional thirty days to compete the investigations.
The matter to be mentioned on 25 September for further directions.
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 gynecologist.
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.
