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BABU OWINO TO DEFEND SUIT AFTER STRIKEOUT BID FAILS.

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Embakasi East Member of Parliament Babu Owino at Milimani Law Court on Thursday October 19,2017.

BY NT CORRESPONDENT.
High court declines to strike out election petition challenging Embakasi East MP Babu Owino’s election for filing his responses late.

Justice Joseph Sergon ruled that the delay has been properly explained.

In the case Francis Mureithi who filed the petition on September 5 through filed the notice of motion arguing that Owino and two other respondents have failed to respond within seven days of service contrary to the law.

“The respondents have refused, neglected and failed to file their notices of address of service and response to the petition within the prescribed time in law,” argued Mureithi.

Mureithi wanted the court to order the petition conceded.

Jubilee Party’s Francis Mureithi through his lawyer Ham Lagat applied to have Babu’s victory annulled, saying that his late response to the petition could have meant that he was not challenging it.

The Court heard Mureithi’s case on October 11th 2017. He also notified the Independent Electoral and Boundaries Commission (IEBC), Babu Owino and the returning officer of the constituency through a notice on newspaper dated September 7th.

Babu Owino, however, says that he filed his response in time, though his lawyers, Otiende Omollo and Jackson Awele stated that the reason why the response to the petition was filed late is that it was based on a provision on a newspaper that did not catch their attention in time.

“All three respondents refused, neglected and failed to file their notices of response within the prescribed time. No explanation was given by Babu Owino to explain the delay. He is responsible for the delay. It is a case of negligence by the MP to allege he had not seen the advert in widely circulated newspapers,” said lawyer Lagat.

The response to Mureithi’s petition was supposed to be filed within a period of 7 days, failure to do so resulting in a fresh election.

 

DO NOT BLOCK US FROM DOING OUR JOB, POLICE TELL COURT OVER JIMMY WANJIGI CASE.

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Nairobi Businessman Jimmy Wanjigi.

BY SAM ALFAN.

It is not over yet for the Wanjigi family with police now asking court to restrain him from leaving the country.

The businessman while speaking yesterday at his home in Muthaiga said that the police raid that happened in his house days ago was just mere witch hunt and politically instigated for supporting opposition leader ‘baba’ Raila Odinga.

The police also want the wife of Jimmy Wanjigi Ms Nzisa Wanjigi to be stopped from leaving the country or if they want to leave, they should seek leave from the Director of Criminal Investigations or the National Police Service.

In an affidavit sworn by Chief Inspector (CI) Joseph Gichuki on behalf of Inspector General of Police, they want the anticipatory bail of Sh50, 000 granted to the businessman set aside.

“The cash bail of Sh50, 000 granted by the court is inordinately low compared to the offences under investigation” he said.

According to Gichuki, the bond imposed by a court should reflect the nature and seriousness of the offence under investigation.

“Owing to the nature and seriousness of the offences under investigation, strict terms should be observed” CI Gichuki said.

Police also want the businessman to be ordered to deposit their travel documents with the court saying the matters under investigation pose serious threat to the National Security and Public Safety.

Mr Gichuki held that it was improper and inappropriate for the court to prevent, prohibit or stop any legally constituted agency including the police from discharging it legal mandate under the constitution.

The police have powers to and mandate to investigate  any crime or suspicion of commission of a crime under the law, he said.

He also denied allegations that they have been intimidating, harassing, threatening Wanjigi’s right to liberty and have also been trailing him.

Mr Wanjigi made a report over death threats to the police on 13th and 20th September this year and investigation were commenced.

Gichuki further denied allegations that the police are accusing Wanjigi falsely to embarrass him and merely to settle political scores saying that investigations were initiated pursuant to reliable information of commission of an offence.

“Police Officers acting on the information , searched the premises in question and recovered five firearms, ninety four (94) live rounds of ammunitions, three spent cartridges and one turtle shell and the incident was recorded under Malindi Police Station OB 51/16/2017” police state.

The police interviewed the occupant of Malindi house and informed the officers that the house belongs to their “boss” whom they named as 1 petitioner (Jimmy Wanjigi).

Police say they obtained orders on October 17 after filing miscellaneous application before the Chief Magistrate Court at Milimani for a search warrant.

IEBC ORDERED TO BRING ALL FORMS AND KEIMS DATA USED IN STAREHE CONSTITUENCY.

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Orange Democratic Party Starehe Parliamentary candidate Steve Mbogo with his lawyer Antony Aluoch outside Milimani law court on Wednesday October 18,2017.

BY SAM ALFAN.

The court has directed IEBC to deliver all forms used during the August 8 election in Starehe constituency.

High court judge Fred Ochieng further directed IEBC to deliver the SD cards which have KIEMS kit data by tomorrow 4 pm.

“I want the SD cards delivered by tomorrow,” said judge Ochieng.

The judge further directed the parties in the election petition to agree on issues of determination by October 30.

The parties were told that the order for scrutiny will be determined by the testimony that will be given by the witnesses.

In the petition, Steve Mbogo has filed a petition seeking to have ‘Jaguar’ Charles Kanyi Njagua Starehe MP Victory in the August 8 elections overturned.

Steve was second in the Starehe MP race after garnering 38,294 votes against Jaguar’s 61,262 votes.

Activist, Boniface Mwangi came third with 15,877 votes.

MAJORITY LEADER ADEN DUALE WANTS MAJORITY DOCUMENTS FILED BY HIS RIVAL THROWN OUT.

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Former Deputy Speaker Farah Maalim before a Nairobi election court during cross examination by IEBC lawyer Issa Mansour on Monday October 16, 2017/PHOTO BY S.A.N.

BY SAM ALFAN.

Majority leader in Parliament Aden Duale wants eight affidavits of nine in support of Farah Maalim petition struck out.

“All these affidavit we seek struck out do not satisfy the requirement of affidavit order 19 and oaths statutory act of laws of Kenya” submitted SC Ahmednasir Abdullahi.

He said the affidavits are not sworn on oath and that they are mere statements.

Ahmednasir said that the deponent committed deliberately the oath to escape punishment of the court if the information in the affidavit is found not to be true.

“By omitting not to swear under oath, it is my humble submissions it doesn’t qualify” submitted.

He submitted that an affidavit which is not sworn on oath does qualify to be recognized by this court.

The affidavit was not administered under oath.

The absence of an oath in an affidavit renders the affidavit useless before judicial proceedings.

“The court will be powerless if we find these affidavits have committed purgery” submitted Duale lawyer.

JIRONGO FIGHTS TO BE ON THE BALLOT.

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Cyrus Jirongo.

BY NT CORRESPONDENT.

Cyrus Jirongo has vowed to fight for his position in the presidential race.

He wants the high court to suspend its decision declaring him bankrupt.

Through his lawyer Kenneth Kiplagat, the former Lugari MP argues that President Uhuru Kenyatta and DP William Ruto participated in the 2013 general elections despite their indictment for crimes against humanity at the ICC.

Justice Olga Sewe of the commercial division declared Jirongo bankrupt after finding him unable to pay debts amounting to Sh700 million.

Sewe said the politician’s inability to repay businessman Sammy Kogo was demonstrated.

The judge ordered an official receiver be appointed as trustee for Jirongo’s estate.

Kogo, through his eight companies, petitioned the court seeking bankruptcy orders against the politician.

THERE COMES A TIME; KENYA IS HURTING BUT SHOULD NOT BLEED.

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President Uhuru Kenyatta,Deputy President William Ruto with opposition leaders Raila Odinga and Kalonzo Musyoka at state house Nairobi/FILE PHOTO.

BY THOMAS KARIUKI

EDITOR NT .

There comes a time when the country is bigger than an individual, this are the interminably evocative words spoken by former Internal Security Minister Prof George Saitoti, God rest his soul in eternal peace.

These words would have many interpretations to different people but allow me to read the meaning according to the Kenyan context at present.

They were meant to say that individuals, politicians or non-politicians are subject to the country’s interests and that the Kenya’s interests come first before any person or people’s interests.

I want to think that the late Prof Saitoti had reached a point when he deemed his interests as secondary to those of Kenya.

In UhuRuto and Raila-Kalonzo Kenya today, individual interests override the interests of Kenya. Every one pulling the yacht to their side and as the Swahili saying goes, ‘kila mwamba ngoma huivutia kwake’.

Allow me to venture into this ranging storm citing the Independent Electoral and Boundaries Commission imploration on politicians to tone down politics and allow them to do their job. The issue I am really concerned with is the call for dialogue from the IEBC Chairman Wafula Chebukati.

Several questions come to mind with this call by Mr Chebukati;

  1. Who should dialogue?
  2. Why should they dialogue?
  3. Who will loose and or gain?

I would like to be contingent with this statement of the late Prof Saitoti in answering these three questions.

Who should dialogue?

With all due respect to political party secretariats, I would like to include you in the dialogue but you are so divided to the point of being irredeemable- the fear of being outdone by the other. But political secretariat members should behave this way because as they say he who pays the piper calls the tunes.

They are actually meeting the interests of their party and not of Kenya. Now, back to my question, we have the presidential candidates with their running mates.

These are the two people who should attend dialogue because they have the bigger picture of the country’s interests. I strongly believe that in the Chebukati talks, only these two people should be allowed to attend the dialogues and whatever they agree on should be carried as the law to their parties.

The leaders should therefore guide their party luminaries. I propose that Chebukati and his commissioners should lead the talks with only presidential candidates and their running mates.

Why should they dialogue?

Dialogue is meant to unravel the stalemate not steal a match on anyone. Kenya is bigger than any one of the politicians. Dialogue will also ensure that the issues of concern are ventilated in the talks and that each of the candidates feels their concerns are adequately addressed.

Dialogue does not belittle but is actually meant to come up with better ways of doing things. UhuRuto commands a following and so do Raila-Kalonzo and all other candidates.

The issues of discussion must not be untenable, if it is to win, all parties win and if it is to lose then all parties lose. Dialogue is therefore key to unravelling the stalemate. On the table, everyone is equal to all and not less to anyone.

Chebukati talks should therefore be encouraged with no other party participating but the primary stakeholders.

Who will loose and or gain?

Kenya stands to gain. UhuRuto command a following, Raila-Kalonzo command a following, all other candidates command a following as well. Instead of having this hard stances that are actually hurting Kenya, there must be a structured dialogue which Chebukati should lead.

Everyone comes to the table with no less or more advantage over the other. The talks again do not border on power sharing and as Raila put it he is not interested in a ‘nusu-mkate’ government and so did President Kenyatta say, “I cannot watch this country bleed because of our political differences.”

Kenya is hurting; no one should allow Kenya to bleed. This is my sincere judgment for this country.

 

THREAT ON NAIROBI MILLIONAIRE THUITA MWANGI LANDS MAN IN COURT.

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Sammy Kimani Kung’u at Milimani law courts, charged with incitement to violence by threatening to eject from office the chairman of Embakasi ranching company MwangiThuita.

BY SAM ALFAN.

“I will make sure” are the first four words that landed a man in court a second time for threatening Mr Samuel Thuita Mwangi.

The man was charged at Milimani Law Courts with incitement to violence contrary to the law.

Sammy Kimani Kungu appeared before Chief Magistrate Francis Andayi and denied one count of incitement to violence.

The court heard that Kungu had issued insightful words while threatening to remove Thuita from his position on September 30, 2017.

Kungu is said to have had committed the offense at Holy Family Basilica cardinal Otunga plaza in Nairobi

“I will make sure that Mwangi Thuta is ejected from the office of Embakasi Ranching Company Limited and taken away as far as Chania River,” Kungu uttered.

He is to have uttered words uttered words which implied that it was desirable to eject the said Thuita who is legally elected chairman of Embakasi ranching company limited by force, which was calculated to lead to a breach of peace.

The accused had been charged again in the year 2015 with a similar offence. He was released on a bond of Sh 1m with an alternative bail of Sh 500,000.

The case will be mentioned in two weeks’ time.

 

SENIOR ADMINISTRATION POLICE CHARGED WITH LOCALS FOR POSSESSING ILLEGAL GUNS.

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Chief Inspector Hersi Kene Tache was charged alongside Hussein Ibrahim Abdi and Mohammed Hassan Jimale before a Nairobi Court.
BY NT REPORTER.

An Administration Police officer has been charged alongside locals with possessing firearms contrary to the law.

Chief Inspector Hersi Kene Tache was charged alongside Hussein Ibrahim Abdi and Mohammed Hassan Jimale.

They appeared before Chief Magistrate Andayi and denied the charges.

The court heard that on October 15, 2017 along the Eastern Bypass Road in Nairobi, jointly with others not before the court, they were found in possession of two firearms, AK47 without firearm certificates.

They were released on Sh 200, 000 bond or cash bail of Sh 100,000.

FORMER KILOME MP HARUN MWAU WANTS OCTOBER 26 REPEAT PRESIDENTIAL POLLS STOPPED.

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Lawyer Omwanza Ombati with Former Kilome MP Harun Mwau.
BY SAM ALFAN.
Former Kilome MP Harun Mwau want the court to stop the October 26 repeat presidential election.
In a certificate of urgency Mwau says the election is being conducted contrary to the constitution.
He argues that after the Supreme Court nullified the August 8 presidential poll results, IEBC should have conducted fresh nominations before carrying out a fresh election.
In his petition he has sued the IEBC and its chair Wafula Chebukati.
The former Kilome MP’s case comes 10 days to the repeat election.
Mr Mwau through his lawyer claims IEBC has violated the constitution and laws applicable to presidential elections purported through Gazette Notice No 8751 Vol CXIX-No 130 purported to exempt candidates from nomination in fresh presidential elections as ordered by the supreme court after nullification the elections held on 8 August 2017.
He further claims they have violated supreme court order that fresh elections should be conducted according to the constitution and election was.
Mwau claims the commission is seeking to waive provisions of the constitution and the law which they have no power to do.
“As a matter of course if fresh the fresh elections are allowed to proceed as the respondents intend, the supreme court , like night follows the day, will invalidate the same” the documents state.
He says the presidential elections should be conducted in accordance with the constitution due to public interest and also the effect of the elections on the economy and the the strain of public resources .
“It will be unfair , unjust and it will injure public interest for the Court to allow an election to proceed other than prescribed by the constitution” said Mwau.
Mwau want the matter be heard and determined expeditiously and in a timely manner and unless the inexorable illegal and unconstitutional elections proceed creating a constitutional crisis and public uncertainty.

PHONE RECORD LINK FLYING SQUAD TO MURDER OF COOPERATIVE OFFICIAL.

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Flying squad officer based in Nakuru Elias MayakaOnsarigo escorted to Milimani law courts basement cells on Monday October 16,2017.
BY COUNTY CORRESPONDENT.

A flying squad officer whose phone record tied him to the murder of a cooperative union staff has been arraigned in court.

Elias Mayaka  Onsarigo is held in custody for allegedly ending the lives of Nakuru workers cooperative union Secretary and a lady friend.

He appeared before  Justice Jessie lessit but did not plead to murder charges against him after prosecution sought more time to file pre-bail affidavits.

Onsarigo is alleged to have killed the secretary of the troubled Nakuru Workers Cooperative Society  David Gitau, 46, and a woman friend Beth Wandia.

It is alleged that they were shot multiple times by unknown people at Pipeline in Nakuru town on June 7, 2017 and their bodies dumped at Ngong forest in Nairobi county.

Justice Lessit granted the prosecution request and ordered Onsaringo be remanded at Nairobi Industrial Area Remand until October 23 when he is expected to take a plea.

The judge declined lawyer Harun Ndubi’s request to release his client on bond pending the taking of a plea.

“According to the bail and bond guidelines the court must put into consideration the victims, public interest and safety of the accused person. it is also important to consider the caliber of the person facing the charges: the court can not take action blindly,” the judge said.

Justice Lessit also ordered a pre- bail report to be tabled in court on Monday by probation officers and the prosecution to supply the defence with copies of witness statements by Thursday this week.

According to the prosecution, Onsarigo had been linked to the murder by mobile phone communication data.

It is also said that  the officer was adversely mentioned by several witnesses in the case.

Since 2013, the troubled society has been dogged by mysterious murders of its top officials and members.

The killing of Gitau and Wandia in June this year brought to eight the number of officials and members whose deaths have been linked to a row over 64-acre land. Some murders remain unresolved.

Five other officials of the society have died in mysterious circumstances in the last five years.

The elected officials of the Co-operative are alleged to have been mandated to oversee the process of acquiring title deeds for their members, a process that has not  been completed since 1992.