Lawyer Patrick Lutta for the two city lawyers who are being probed by criminal investigation officers at Milimani law courts.

BY SAM ALFAN.

Directorate of Criminal Investigations (DCI) is investigating offences allegedly committed by two city lawyers Nelson Havi and Michael Osundwa involving changes in the shareholding and directorship of Purple Saturn Properties, a firm connected to former Central Bank of Kenya (CBK) Governor Nahashon Nyagah.

Justice Ngugi was on Wednesday heard that criminal charges have however not been lodged against the lawyers.

The Office of the Director of Public Prosecutions (DPP), through Ashomosi Shitambasi, told the court that the matter is still under investigation and that any criminal charges will be preferred once the DCI has made its recommendations to the DPP.

The two lawyers have in a pre-emptive measure moved to court to challenge their prosecution after being invited to record statements.

Lawyer Patrick Lutta, appearing for the two lawyers, said the intended prosecution relates to a civil suit in which they acted in their professional capacity.

“Any proposed criminal charges will contravene their fundamental rights to a fair trial and administrative action and would amount to an abuse of the legal process,” Lutta said.

Lawyer Ahmednasir Abdullahi successfully applied for the enjoinment of the two complainants, Rendeavour Services Ltd and businessman Stephen Jennings, to participate as interested parties. He said he required 14 days to file a replying affidavit and grounds of objection.

In their petition, Havi and Osundwa said they were instructed by Purple Saturn, between February 24 and March 3, to change its ownership and management and duly informed the Registrar of Companies about the restructuring of the firm.

The lawyers are under investigation for conspiring to defraud Kofinaf Company Ltd of Sh5 billion worth of shares in Purple Saturn Properties Ltd. The offence was allegedly committed between June 13 and August 3.

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Some of the 16 current and former officials of Kihiu-Mwiri land buying company charged with murder of four director of the company in Kiambu and Murang’a counties at Milimani law courts on Wednesday 2 September, 2015.

BY SAM ALFAN.

Sixteen former and current directors of the controversial Muranga-based Kihiu Mwiri land buying company have been charged with the killing of former officials.

The officials however did not plead to the charges after the prosecution requested for more time to facilitate their mental assessment to determine whether they are fit to stand trial.

The accused persons will undergo psychiatrist examination at the Mathari Mental Hospital before they formally answer to the capital charges.

The accused are Joseph Thiongo, Henry Ngugi, Julius Kanyiri, John Njoroge, Harrison Kibande, Joseph Muchui, Bernard Murigi and Josephat Macharia.
Others facing charges are Mary Mugechi, Joseph Nyamu, Patrick Ikuu, Samuel Njeru, Peter Mburu, Peter Murigi, Zackaria Ngaruiya and John Kamau.

High Court Judge Jessie Lesiit postponed the plea taking to September 21. Seven of the suspects have been in police custody for the last 28 days while the rest were arrested last week.

Deputy Public Prosecutor Catherine Mwaniki last week had made an application to detain seven of the suspects for eight days to complete investigations.

 She had said that more time was required for investigators to recover weapons believed to have been used in the killings.

Justice Nicholas Ombija had given the State until September 2 to either charge or release them.

The sixteen are accused of murdering Peter Kimani Kuria on May 10 at Kihiu Mwiri in Murang’a County. They allegedly committed the offense jointly with others not before the court.

They are also accused of murdering Paul Muhuhi Bernard on June 28 at Majengo Estate in Thika within Kiambu County.

The 16 are further accused of Murdering Josphat Kibe Nyoike and Zachary Chege Kiratu on July 29 along Kihiu Mwiri in Murang’a County jointly with others who were not before the court.

Lawyers Evans Ondieki and Kamau Mbiyu protested that the police of violating the constitutional rights of the accused persons by holding them without charge beyond the statutory 14 days allowed by law.

 Justice Lesiit however directed the counsels to submit their complaints in writing.

The 15 men will be detained at Industrial Area Prison Remand while one woman Mary Mugechi,will be taken to Lang’ata Women Prison.

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Two Narok county government Wildlife Services wardens Moses Kuiyoni (right) and Samuel Kishoyan, at Milimani law courts where they were charged with attempted murder on Wednesday 2 September, 2015.

BY SAM ALFAN.

Three Game wardens linked with the killings of a protestor in Narok during demonstration against the Narok County Governor Samuel Tunai seven months ago have been charged.

Julius Dikirr was charged with the murder of Sikona Ole Muntet on January 26 at Narok County Government headquarters.

Warden Moses Kuiyoni faced a charge of attempted murder of Amos Kosion Losaloi by shooting him during the fracas.

Their co accused, Samuel Kishoyan was charged with causing grievous bodily harm to James Kimpila Ntempei on the same date.

The four denied four counts before Chief Magistrate Daniel Ogembo at the Milimani law court    today morning.

Dikiri who separately appeared before high court judge Jesee Lessit did not plead to the murder charges.

The judge instead directed the prosecution to take him to Mathari mental hospital for mental assessment before he is arraigned in court on September 18   to formally plead to the murder charges.

Director of Public Prosecution made an application seeking to remand the accused until the matter is heard and determined due to security reasons.

The investigating officer Pauline Njoroge in a sworn affidavit states that investigation showed that the accused persons were culpable for the offences as started in the charge sheet.

DPP through Duncan Ondimu said the accused are facing serious offences and if released on bail they are likely to abscond bail and interfere with witnesses who are based in Narok.

“Based on  the seriousness of the offence, the sentence to be passed  if convicted and the evidence gathered so far ,there is a high likely of absconding  by the accused hence them being flight risk” said in his affidavit.

He argued that the accused are licensed fire arm ho;lder and they are still employees of the Narok County Government where the crimes were committed and the witness in the case facing the accused are based in Narok county.

“The accused are based in Narok County and due to the nature of the employment of the accused, there is a high likehood of interfering with witness” said Pauline in her affidavit.

He said the witness in the cases suffered serious injuries which led to serious disability and they are vulnerable witness.

He further argued due to current prevailing volatile situation in Nairok County and considering public interest, bail should not be granted.

He also opposed the accused to be released on bail due to their own security and prevailing volatile situation in Narok County the accused security cannot be guaranteed.

However, the accused lawyer Kangai objected to DPP application saying the issues raised in the affidavit were speculative and the accused learnt about the arrest warrant through newspapers.

The suspects through their lawyer they told the court that they presented themselves to court after they learnt that a warrant of arrest had been issued against them.

Ogembo said he will deliver the ruling on Friday at 11 A.M whether to release the accused on bond or not.

On Friday last week Senior principal magistrate Martha Mutuku said that arrest warrant issued against Moses Kuiyoni and Samwel Kishoyan , but directed that they appear before  Capitol Hill police station on Monday 31 for purposes of recording statements.

Omogeni told trial magistrate, that it’s in good faith that the suspects have appeared in court and it’s upon the court to exercise its discretion and lift the warrant.

Narok Senator Stephen Ole Ntutu and four MPs who are under investigations over chaotic demonstrations late January 2015 warned them to desist from taking part in any demonstration.

the DPP dropped incitement to violence charges against Senator  Ntutu and four  MPs Johana Ngeno (EmurwaDikir), Moitalel Kenta (Narok North), Korei Lemein (Narok South) and Patrick Ntutu (Narok West).

The five were discharged after the DPP found no evidence to prosecute them.

The DPP urged the court to release the five suspects on bond saying he had received information that chaos had erupted in Narok the same morning as residents protested the arrest of the politicians.

During the protests, one person was injured while businesses remained closed as angry youths barricaded roads leading to Narok Town.

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Lawyer Edna Arati (centre) leaves Milimani law courts accompanied by political activist Japhet Moroko,(left) and city politician Gitonga Wathanga, after hearing of an application seeking to have the parliament dissolved on the grounds that it have been unable to pass key constitutional bills before the August 27th deadline.
BY SAM ALFAN.
High court has declined to dissolve the parliament and directed the human activist to file and serve the petition to respondent.
Justice Mumbi Ngugi said she cannot issue expartie orders since she has not heard both sides.
Human rights activist wanted the court to dissolve parliament for failing to play it constitutional as it’s enshrined in constitution.
He argues that the decision by the parliament to extend the passing of the key constitutional bills by a year is unlawful.
Moroka want the current parliament dissolved and new parliament elected to allow it to enact the required legislation.
Moroka moved to court on Thursday to contest the decision by Parliament to extend the enactment of 28 Bills by twelve months.
Under a certificate of urgency, Japhet Muroko has accused the August House of unlawfully and procedurally doing so on August 25.
Consequently, the petitioner wants the decision by Parliament declared a nullity and the latter quashed by the High Court.
He has accused Attorney- General Githu Muigai of failing to legally advise the National Assembly that move is unlawful.
Muroko also contends that the A-G has neglected to consult with the Commission for Implementation of the Constitution (CIC) on the issue.
He now wants CIC compelled to prepare fresh bills in accordance to the 5th Schedule and Article 262 of the Constitution.
The activist insists that Article 261(1) does not allow Parliament to change titles of the Bills and ought to pass all legislation as specified without amending the Chapters.
And according to the petitioner, the current Parliament should be dissolved in accordance to Article 261(7) and a new Parliament allowed enacting the required legislation under article 261(8).
“ The High Court should declare that the National Assembly failed to enact all legislation as enumerated in the 5th schedule and in accordance to Article 261(1) and should therefore be dissolved forthwith,’’ he states.
He claims that the purported extended 28 Bills published by Commission for the Implementation of the Constitution and Parliament are not amongst the Bills enumerated in the 5th Schedule.
“The 28 bills extended by Parliament on the August 25 2015 are conspicuously missing in the 5th schedule,’’ Muroko claims.
Further, the petitioner wants CIC to furnish the High Court with all the Bills it timely prepared and forwarded for deliberation, reading and passing by the National Assembly.
In addition, he wants the provincial administration dissolved to enable Article 262(17) take effect under the constitution.
“District commissioners, division officers, chiefs and sub chiefs are stopped from conducting the functions not listed in the constitution,’’ he adds.
The matter is set to be heard on 8 of September for interparty.

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The three Garissa County Executive officer from left to right: Idriss Muktar incharge of Trade docket, Muktar Burale (water) and Salah Yakub (Environment and Energy) who obtained orders restraining their sacking.
BY SAM ALFAN.
The embattled Garissa County Government governor Nathif Jama has suffered another major blow after the Employment and Labour Relations in Nairobi declined to vacate orders restraining him from sacking three county executive officers serving under his government.
Governor’s lawyer Ahmednasir Abdullahi made unsuccessful application seeking to vacate orders issued against the governor, arguing that the governor has powers to appoint and sack the county executive officers in his government.
Ahmednasir requested for clarification and subsequent vacation of the court order issued by Justice Wa makau.
However the vacation judge, lady justice Monica Mbaru extended the orders pending the hearing set for 21 September,Stating he should wait for 21st for argument and raiding of concerns.
The Employment and Labour Relations Court had earlier extended orders issued against Garissa County Government challenging court orders that called for their sacking from the County Executive officers..
“The order issued by Justice Nzioka Makau on 31 July preserving status quo ante be and hereby extended” said Justice Linette
Justice Linette Ndolo warned the county government against violating court orders issued against them.
Three Garissa County Executive Members through a lawyer Charles Kanjama filed an appeal challenging court orders that called for their sacking from the County Assembly.
Idris Aden Mukhtar, Mukhtar Bulale and Salah Yakub Falah filed the appeal seeking the reinstatement of interim orders issued by Employment and Labour relations Judge Nzioka Makau.
Justice Makau’s orders were set aside on July 27 by a ruling issued by Justice Hellen Wasilwa who said that three could not continue working for their employer, the County Government of Garissa, if there lacked an existing working relationship.
The three also want the Garissa Governor Nathif Jama ordered to appear in court to show because why he should not be cited for contempt and committed to prison for disobeying orders issued on July 27.
Mukhtar, Bulale and Falah also want any orders given to the Garissa Governor to restructure his ministries stayed until the appeal is heard and determined.
The three lost a bid to keep their jobs after the Employment and Labour Relations Court threw out orders reinstating them, a ruling they are now challenging in court.
They were dismissed from office in May this year but were later reinstated after the court ordered so.
Justice Wasilwa agreed with submissions tabled by the Jama led County Government stating that reinstating the three amounts to forcing an employee on an employer.
The County Government through lawyer Steven Mogaka challenged the orders issued reinstating the three arguing that they were issued exparte and the County did not get an opportunity to defend their stand.
The orders issued, Mogaka said, should not have been awarded at that stage without the court having listened to both sides.
“The court ought to have given the county government an opportunity to present its case against the three,” the lawyer said.
Mogaka told the court that the County had not acted in any malice when it made its decision to terminate the employment of the three.
He told the court that Muhktar and Falah were fired after they failed to satisfactorily explain a trip they took to Israel and Italy without authorization from the county.
Buale on the other hand, the court had heard, was fired for failing to explain the delay in establishing a water project proposed by the County.
Delay in commencing work on the water project, he said, is posing a health risk to the residents who are now forced to take muddy water.
He maintained that the court erred in issuing the orders before having listened to submissions from both parties in the matter.
” Reinstatement of an employee is a substantive remedy not temporary relief the law does not contemplate that reinstatement issues as a provisional measure it’s a remedy that should normally be granted upon the full hearing of the employer and employee ‘s case “he submitted.
Before the three were sacked, Mogaka said, they were accorded an opportunity to defend their actions and counter the allegations against them, which they failed to do.
“The county government has since restructured its ministries by reducing them from eleven to seven in a move aimed at reducing expenditures on the county finance,” he said emphasizing that the three have no position in the County Government.
The public, he further stated, have also been informed of the changed after a press statement was sent notifying of the changes.
The County, he said, has appointed Hajir Mohamed Dahiye, Mohamed Aden Noor, Abdihakim Sheikh Dayb, Halima Mohammed Haji, Ahmed Aden and Hubi Hussein as County Executives in charge of Agriculture, Water, Finance, Sports, Transport and Health respectively.
The matters to be heard on September 21 for inter parties and further directions.

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