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FORMER KITUI GOVERNOR “SON” ARRESTED FOR CAUSING UNREST AT COURT.

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Governor Charity Ngilu explains to AP inspector outside a courtroom at Milimani Law Courts on Thursday December 14,2017/PHOTO BY S.A.N.
BY NT CORRESPONDENT.

Former Kitui Governor Julius Malombe’s alleged son James Makau has been arrested for causing mayhem outside court.

This is following a heated disagreement with supporters of now Governor Charity Ngilu.

It is alleged that Makau and others created disturbance at Milimani law courts during the hearing of the petition where Malombe was being cross-examined by Ngilu lawyer Kioko Kilukumi.

Court orderlies had to intervene after they became rowdy.

Justice Pauline Nyamweya directed that only 15 persons from both parties will be allowed to attend court proceedings.

Makau is said to have attacked Kitui County Chief of Staff Crispus Ileli who was taken to Capitol Hill police station to record a statement.

Three other people were also arrested. By the time of this publication, NairobiTimez was informed the four were released on a police bond.

Former Kitui Governor Julius Malombe had earlier told the court that there were some instances where some of his agents were not allowed into the polling stations.

While supporting his petition before the high court yesterday, Malobe said that some of the votes counted in favor of Governor Charity Ngilu were never cast.

“There was vote staffing during the August 8 elections but my agents will appear before the court to give their testimony,” said Malombe.

In most of the polling stations, the ballots boxes were deliberately delayed where most of the stations were not accessible.

“When some women went to vote they were told that they already voted and were not able to vote,” said Malombe.

He told the court that the voter turnout was 73 percent which was a huge turnout .

Malombe said that the results that were displayed on the IEBC portal were not corroborated.

PROTECT ME, LAWYER ASKS COURT AFTER POLICE RAID HIS HOME.

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Lawyer Ham Kiplimo Langat/PHOTO COURTESY.

BY NT CRIME REPORTER.

A lawyer says his life is in danger after he testified in an election petition challenging Governor Alfred Mutua’s win.

Lawyer Ham Kiplimo Langat told the court that after he gave the testimony at Machakos Law Courts at around 1900 hours Jonah Kirui alias Persius Hunter together with flying squad members from Chumvi police station stormed into his residence dangerously armed and harassed him.

He has filed an application seeking orders restraining the police from harassing him.

Through lawyer Obat Wasonga, Langat said that while armed with sophisticated guns, the police blocked his wife, stormed to his bed room, and took pictures of premises and kids and warned the family that he will face dire consequences for testifying in court.

Langat claims that since yesterday together with his family they have suffered a lot of psychological torture as a result of the police illegal actions which remains a source of mental anguish and psychological trauma.

“Since then my client has not been able to attend to his client’s court cases and the acts of the police officers are unconstitutional,” said Wasonga.

Langat says that unless the court intervenes there is great danger.

“Article 28 of the constitution provides for the human dignity and states that every person has inherent dignity respected and protected,” said Langat.

The application comes months after lawyer Willy Kimani, his client and a taxi driver were allegedly killed by police officers.

The case is still pending conclusion.

On September 5, 2017 Langat testified in the case challenging the win of Mutua after he was commissioned on oath the supporting affidavits and witness affidavits of Wavinya Ndeti who is the petitioner.

Inspector General of Police, Jonah Kirui and IPOA are the key respondents in the petition filed at Milimani law courts.

He wants the police to be restrained from intimidating and harassing him pending the hearing and determination of the application.

CONSIDER BEFORE ORDERING A KILLING, APEX COURT SAYS.

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Two convicts Francis Karioko Muruatetu and Wilson Thirimbu Mwangi, who have been in jail for the last 14 years asked the apex court to scrap mandatory death penalty from the Kenyan law before Supreme Court on Thursday December 13,2017.

 

BY SAM ALFAN.

It is not mandatory to kill convicts, consider offence of accused, apex court has ruled.

The Supreme Court declared Section 204 of the Penal Code, which stipulates mandatory death sentence, as unconstitutional.

The court however said that the decision does not affect the validility of the death sentence.

“The mandatory nature of the death sentence as provided for under Section 204 of the Penal Code is hereby declared unconstitutional. For the avoidance of doubt, this order does not disturb the validity of the death sentence as contemplated under Article 26(3) of the Constitution,”court ruled.

Further the court directed that direct that the Judgment be placed before the Speakers of the National Assembly and the Senate, the Attorney-General, and the Kenya Law Reform Commission, , for any necessary amendments, formulation and enactment of statute law, to give effect to this judgment on the mandatory nature of the death sentence and the parameters of what ought constitute life imprisonment.

The court noted that Section 204 of the Penal Code is inconsistent with the Constitution and invalid to the extent that it provides for the mandatory death sentence for murder.

“For the avoidance of doubt, this decision does not outlaw the death penalty, which is still applicable as a discretionary maximum punishment,” reads the judgement.

The court also ruled that Convicts sentenced pursuant to Section 204  does  are not  accorded equal treatment to convicts who are sentenced under other Sections of the Penal Code that do not mandate a death sentence adding that Refusing or denying a convict facing the death sentence, to be heard in mitigation when those facing lesser sentences are allowed to be heard in mitigation is clearly unjustifiable discrimination and unfair.

“This is repugnant to the principle of equality before the law. Accordingly, Section 204 of the Penal Code violates Article 27 of the Constitution as well,” court heard.

The decision means death sentence is still lawful but not mandatory.

Murder and robbery with violence are the offences in the Kenyan criminal law that attract a death penalty.

The judgment was issued in a case in which Death row convicts Francis Karioko Muruatetu and Wilson Thirimbu Mwangi, who have been in jail for the last 14 years asked the apex court to scrap mandatory death penalty from the Kenyan law.

For their case the court asked the two to go back to the high for re- hearing on sentence only, on a priority basis, and in conformity with the judgment.

EALA NASA NOMINEE LIST IN LIMBO AFTER SUSPENSION ORDER.

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Wiper party leader son, Kennedy Musyoka who among nominated member to East African Legislative Assembly (NASA) post in Nairobi on May 11, 2017

BY SAM ALFAN.

Political Parties Dispute Tribunal has temporarily stopped parliament from election NASA East African Legislative Assembly(EALA) nominees until case challenging the nominnees is heard and determined.

“An interim injunction is hereby granted to halt the election of persons listed in the November Notice of motion dated 11 the December 2017 namely Oburu Odinga, Abubakar Zain , Beth Mutunga ,Fatuma Ibrahim , Loy Mwandi Maviala aAbdikadir Aden , Norman Magaya , Kennedy Musyoka , Justus Muchoge , Jane Marwa , Angela Munyasya pending hearing of this application, reads the order.

Political Parties Dispute Tribunal chairman Kyalo Mbobu has also directed that the orders filed Narok West Parliamentary loser in the last general election Jimmy Parnyumbe Luka be served by way of advertisement in a leading local daily newspaper.

The tribunal further directed that the matter be served upon the respondents and appear for inter-party hearing on 18th December 2017 at 2;30 pm .

Parnyumbe moved to the political parties Dispute Tribunal to challenge the EALA list of nominees given to the national assembly by NASA.

He argues that the list as provided by NASA did not meet the criteria set out in the constitution.

The respondents in the case include the proposed names, Clerk of the National Assembly, WIPER party, Clerk of the Senate, Amani National Congress and ODM.

From the 25 nominees, Parliament will vote for Kenya’s nine representatives. Jubilee will fill five slots and Nasa will fill four.

ELECTION LAWS SUSPENDED .

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High Court Judge Chacha Mwita who has suspended election amendment 2017.

BY SAM ALFAN.

The High Court has suspended  controversial Amended Election Laws of 2017 until a case contesting their constitutional validity is determined in March 2018.

Justice Chacha has issued the orders this evening. The laws came into force on November 2.

The judge issued the temporary after parties in the case finished submitting their case challenging the laws.

Inthe case Katiba Institute’s is challenging the implementation of the laws which were passed without the input of the opposition member’s in Parliament and the Senate.

Justice Mwita has issued the order saying “to avoid confusion on the laws which are in force, I exercise my discretion and suspended the amended election laws until the court pronounces itself on the matter before it”.

On Monday the Supreme Court declined to issue a detailed ruling on the said elections saying that the matter is still pending at the high court

Through lawyer Waikwa Wanyoike, the lobbies want a determination on whether it is proper for Parliament to pass laws engineered to specifically regulate an event that the majority party is unhappy with or is opposed to.

The amendments which were later passed into law were instigated by the decision of the top court on September 1 to nullify the August 8 presidential election results on grounds that it was massively tainted with irregularities.

ABC BANK BOSS DENIES THEFT IN COURT.

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African Banking Corporation Bank.
BY NT CORRESPONDENT.

African Banking Corporation Bank (ABC) manager Ben Musila Musyoka has been arraigned before Milimani chief magistrate court and pleaded not guilty to stealing over 27million shillings from the said bank.

Musyoka who is the manager clearing department I the said bank is alleged that between 1January 2015 and 13 April 2016 at African Banking Corporation Head Office being employed by the said bank as a manager he stole 27,447,131,000 shillings the property of the said bank.

He However pleaded not guilty before Nairobi chief magistrate Francis Andayi.

He was released on a cash bail of 2million.

The matter will be heard on on January 18, 2018 and mention Dec 27 this year.

PATIENT WHO SHOT NURSE TO SPEND CHRISTMAS IN JAIL.

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Joseph Njoroge Mungai is accused of killing Faustine Mwadilo Mwadime on the evening of December 6 at the Chiromo Lane Medical Centre in Nairobi's Westland’s area before a Nairobi high Criminal division on Monday December 11,2017/PHOTO BY S.A.N.
BY NT REPORTER.

A patient who shot a nurse dead at a private clinic in Nairobi last week will remain in police custody for 14 days.

This is after the prosecution applied to have him remanded saying that he has to undergo mental assessment before the accused takes plea.

Joseph Njoroge Mungai is accused of killing Faustine Mwadilo Mwadime on the evening of December 6 at the Chiromo Lane Medical Centre in Nairobi’s Westland’s area.

“The accused cannot be granted bail at this juncture, to remain detained for 14 days,” said the judge Jessy Lessit

Through his lawyer Cliff Ombeta, the suspect had pleaded with the court temporary freedom before he pleads to the charge of murder.

“This is a person who can be granted bail and the mentally assessment done while he’s out,” argued Ombeta

The application was however opposed by state counsel Catherine Mwaniki who asked Ombeta to formally apply for bail.

Mwaniki said that the accused must be tested before he answer to the charges adding that it is a procedure that must be followed.

“We are not saying that that he’s mentally ill but that’s the procedure he must be examined before taking plea, ”said Mwaniki

The case will be mentioned on December 27 for further directions.

EACC BEHIND MY PAPERS WOES, SENATOR MITHIKA LINTURI.

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Embattled Meru Senator Mithika Linturi

BY SAM ALFAN.

Meru Senator Mithika Linturi says that the EACC is behind his fake papers saga.

The senator has challenged a decision by the university to revoke a degree he acquired there.

The consequence of the revocation stopped his pursuit for a masters degree in law at the same university.

It is alleged that he presented fake papers to acquire admission.

Linturi says that his tribulations started way back during the campaign period when his political opponents Milton Mugambi Imanyara and then Meru Governor Peter Munya swore that they would do anything to ensure that his name was not in the ballot box for the 8th August general elections.

He claims that the political war was taken over by EACC.

Through lawyer Prof Tom Ojienda, Linturi says that he was summoned by EACC to appear before it for investigations on the 30th of May 2017.

“EACC had conclusively investigated the allegations that Linturi self-declaration forms for 2013 elections filed with IEBC were falsified,”reads court papers.

According to Linturi he was admitted at the University of Nairobi on 3rd January 2014 and was positioned to graduate on 22nd of this month with a Bachelors of Laws Degree.

However on 30th of November just 21 days to his confirmed graduation while watching news he learnt with shock that the University had deregistered him for allegedly having fake degree from Dr. Babasaheb Ambedkar Marathwada University.

He now wants the court to quash the decision dated November 30 by University if Nairobi to deregister and discontinue him as its student.

Similarly, he wants the University compelled to reinstate his name in the graduation list for December 22 this year.

He says that if the orders are not granted then he will not be able to graduate.

Linturi says that UoN failed to inform him in writing that it was investigating his degree from Dr. Babasaheb Ambedkar Marathwada University with the aim of deregistering him as a student in violation of Article 47 of the constitution.

He says that it was illegal, unreasonable and an utter show of bad faith for UON to de-register the applicant without conducting its own independent investigations informing him and at the very least affording him his right to be heard.

He claims that the actions of UoN tell of nothing but a public body that has allowed itself to be used illegally by the EACC in an utter unapologetic show of abuse of power to harass, intimidate and violate his rights to education.

HOMABAY GUBERNATORIAL CANDIDATE FRAUD CASE TO PROCEED NEXT YEAR.

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FIFA Africa representative Tom Otieno Onyango accused of forging a delivery note on September 21 2011 purporting it to be acknowledged by Mumias Sugar Limited for 1500 tons of Spring Brand Urea fertilizer by his company at Milimani law court’s on Wednesday May 18,2016.

BY NT  CORRESPONDENT.

The trial of IFA Africa Representative and a Jubilee gubernatorial candidate for Homabay County in August election has been postponed to next year.

Nairobi Senior Principal Magistrate Martha Mutuku directed the hearing of a fraud case against Tom Otieno Onyango to proceed on January 13, 2018. The accused was present in court.

The FIFA Africa representative and director of Farm and Transport Technical Service Limited are charged with three offenses.

Onyango(Alila) is charged together with  Fredrick Orient Okeyo.

The accused is also charged with forging a delivery note on September 21, 2011, purporting it to be acknowledged by Mumias Sugar Limited for 1500 tons of Spring Brand Urea fertilizer by his company.

He was also charged with forging another invoice for Mumias Sugar Limited for the payment of Sh72.7 million to Farm and Transport Services Limited for supply of 30,000 bags of fertilizers on September 26, 2011.

A third charge read that Onyango with his co-accused obtained Sh25 million from UBA Bank Kenya Limited on September 14, 2011, under false pretense that they had supplied Mumias Sugar Limited with 1500 metric tons of urea fertilizer.

According to the prosecution, that invoice, and delivery note, they said had been acknowledged by Mumias sugar.

Onyango pleaded not guilty to all charges before the then Chief Magistrate Daniel Ogembo currently high court judge.

MAN ACCUSED OF KILLING A NURSE AT A CITY HOSPITAL IN COURT.

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Faustine Mwandime Mwandliu accused of murdering a nurse at Milimani law court on Friday December 8,2017.

BY SAM ALFAN.

A Man accused of killing a nurse at a. Nairobi hospital two days ago has been brought to court this afternoon but did not take plea.

According to the charge presented before the High court criminal division deputy registrar Roselyne Oganyo, Joseph Njoroge Mungai is alleged that on 6th December 2017 at about 19:20 at Chiromo Lane Medical center in parklands area within Nairobi county murdered Faustine Mwandime Mwandliu.

“We have formerly charged the accused and we are seeking the accused to be remanded at industrial area prison pending to appear before presiding judge on Monday” Prosecutor Ms Catherine Mwiniki submitted.

Faustine Mwandime Mwandliu accused of murdering a nurse escorted leaving a court room.
Faustine Mwandime Mwandliu accused of murdering a nurse escorted leaving a court room.

The Prosecution will charge him in court next week Monday before the presiding judge High Court criminal division.

The accused was presented before magistrate court this morning through miscellaneous application.

Police were seeking for 14 days to enable the complete investigations but magistrate declined and released him on a cash bail of 2 million.

The accused was presented before magistrate court through miscellaneous application. Police were seeking for 14 days to enable the complete investigations.

Faustine Mwandime Mwandliu accused of murdering a nurse escorted before a courtroom at Milimani law court on Friday December 8,2017.
Faustine Mwandime Mwandliu accused of murdering a nurse escorted before a courtroom at Milimani law court on Friday December 8,2017.

It was further ordered the accused to be treated by the clinical officer at industrial area prison.

The suspect, who has a mental condition was on Wednesday 6th December admitted while in possession of the gun after he declined to surrender it to the hospital’s security.

Police who rushed to the scene after the incident arrested the patient and recovered a mini-ceska pistol with eight rounds of ammunition.

The accused to be remanded at industrial area and appear before the presiding judge to face murder charges.