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POLITICIAN FROM SIAYA WANTS COURT TO STOP ELECTION DISRUPTION PLANS.

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Siaya Governor Cornel Rasanga.

BY SAM ALFAN.

A politician from Ugenya want Siaya Governor and his agents stopped from disrupting Thursday Presidential Election.

Stephen Okoth Mwanga wants his Governor Cornell Rasanga stopped from hindering the election.

He also wants the court to restrain the governor from threatening, blocking, interfering and frustrating voters from accessing polling station.

He argues that Rasanga and other agents working with him are on record stating that he will refuse and reject, harm and violently stop the petitioner and his followers from voting.

Okoth is the Jubilee Party Coordinator in Siaya and Kisumu Counties.

EX-LUGARI MP CYRUS JIRONGO COULD RUN IN THURSDAY PRESIDENTIAL ELECTION.

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Former Lugari Member of Parliament Cyrus Jirongo lawyer Ken Kiplagat making submissions before Justice Olga Sewe.

BY SAM ALFAN.

Cyrus Jirongo is a happy man after the high court suspended a bankruptcy order against him.

This could mean that Mr. Jirongo can contest for the presidency.

The bankruptcy order was out of a Sh700 million debt he owed a former confidant.

Justice Olga Sewe also stopped businessman Sammy Kogo from executing the decree against Jirongo, pending the hearing of the dispute.

The order was granted on September 29.

Jirongo told the court that he was not served with the petition that led to the judgment.

Jirongo had secured a loan from National Bank of Kenya using properties belonging to Kogo, a confidant, but he failed to repay the loan.

Jirongo had 180 days to repay the money.

Businessman Kogo has 14 days to file a response to Jirongo’s suit.

PRESIDENT KENYATTA DISMISSES HARUN MWAU’S PLEA TO STOP ELECTION.

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President Uhuru Kenyatta.

BY SAM ALFAN.

President Uhuru Kenyatta has dismissed assertions by former Kilome MP Harun Mwau over Thursday’s repeat Presidential polls.

He also urged the court to dismiss the suit.

President Kenyatta says that there is no basis for fresh nomination of candidates as prayed by Mwau.

The issues raised by Mwau, he said were conclusively and adequately dealt with by the Supreme Court in the 2013 election petition.

President Kenyatta says that fresh nominations are not required in an election under Article 140(3) on grounds that the constitution itself does not command fresh nomination for a fresh election.

“My Lord the reasons why nominations are not necessary for other presidential elections are obvious.

“The purpose of nomination is to identify the candidates to be on the ballot,” he says.

Further, the President says that it is not in the public interest to grant the orders sought adding that ballot papers have already been printed and delivered.

Mwau wants the court to stop the October 26 election arguing the electoral agency has already broken the law by gazetting names of the candidates without a mandatory nomination exercise.

SHOLLEI ACQUITTED OVER ALLEGED GRAFT.

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Former judiciary registrar Gladys Shollei before Anti-Corruption Court in Nairobi on October 23,2017/S.A.N.

BY NT CORRESPONDENT.

The Nairobi Anti-Corruption Court has discharged former judiciary registrar Gladys Shollei charges relating to the purchase of the Chief Justice’s official residence worth Sh310 million.

Director of Public applied to be allowed to withdraw the case under section 87 due to court appeal decision.

The DPP application was opposed by Shollei lawyer .

In his ruling, Senior Principal Magistrate Felix Kombo said the accused person will not suffer any prejudice if the case is withdrawn.

“Accused will not suffer any prejudice if the application is allowed” ruled Kombo.

“Between April 16 and 30 being the chief registrar and accounting officer of the Judiciary, you used your office to improperly confer a benefit to Johnson Nduya Muthama Ltd by approving payment of Sh310 million for the purchase of a residence for the Chief Justice,” read the charge sheet.

Francis Kakai, Martin Okwata, Benedict Omolo, Thomas Atak, Nicholas Mbeba and Wycliffe Wanga denied that they engaged in the purchase of the property from Johnson Nduya Muthama Holdings Limited without prior planning.

The prosecution says that between October 5, 2012 and June 3, 2013 at the Supreme Court, Nairobi, being members of the tender committee, they jointly engaged in purchasing a fully furnished residential property for the Chief Justice at Sh310 million without prior planning.

Another charge stated that they wilfully failed to comply with the law relating to tendering of contracts and ignored the lowest evaluated price without justifiable and objective reasons.

They were further charged with failing to comply with the law and guidelines relating to the tendering of contracts by failing to ensure that the Judiciary did not pay in excess of the prevailing market prices in the purchase of the controversial residence.

Gladys Shollei pleaded not guilty to accusations of changing terms and conditions in awarding a contract to Timsales Company for the construction of Mavoko law courts without the approval of the Tender Committee.

The seven are former deputy chief registrar Kakai Kissinger, Martin Otieno Okwata (former director of supply chain management), Benedict Abonyo Omollo (former director of finance) and tender committee members Wycliffe Wanga Ombunde, Nicholas Muturi Okemwa, Nicholas Mbeba and Thomas Oloo Atak.

They were accused of failing to comply with procurement laws by awarding a direct tender to Timsales Limited and increasing the advance down payment to the company from 10 per cent to 50 per cent.

They jointly face a charge of abuse of office for awarding Timsales the tender to construct the Runyenjes Court Station without following the procurement process, leading to the loss of Sh18.3 million.

Ms Shollei, Mr Kissinger, Mr Okwata and Mr Omollo face a charge of abuse of office for changing the terms and conditions of a contract awarded to Timsales without the approval of the tender committee.

They were out on bond of Sh 1million or a Sh300, 000 cash bail.

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.