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SENATOR YUSUF HAJI IN BID TO PROTECT GARISSA SEAT.

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Garissa Senator Mohamed Yusuf Haji being re-examined before a high court on Thursday January 18,2017/PHOTO BY S. A. N.
BY NT CORRESPONDENT.

Garissa Senator Mohamed Yusuf Haji has rufuted voter bribery allegations.

Mr Haji said he was elected by the people of  Garissa willingly in a free and fair election conducted  in August 8, last year. 
 
He told the court there was no violence as alleged in the petition and petitioners challenging his election are misleading the court that they were candidates.
Haji told Lady Justice Rose Ougo that the petitioners who alleging they were senatorial candidate were not candidates during the August  8, 2017 General election.
He said there were  only seven candidates who did not include the petitioners.

The  Senator while  being re-examined by his  lawyer, said the petitioners were not Party nominated  or  Independed candidates.

He testified that none of the other six candidates who contested for the  senatorial filed any petition.

The six had agents on the  ground and can only be called  to state who were candidates.

” They are ineligible to lodge the petition is bad in law as its only the candidates allowed by the Constitution  lodge a claim over  any irregularities of the election” he  told the judge.

The  Senator  said that a person who is not  candidate can not lodge a competent election petition to  challenge the outcome of the election result.

He contended that the petition has  drafted and presented is in  clear contravention of the mandatory requirement of rule and procedure of the election Act.

The Senator denied  IEBC officers prolonged time for  voting in his stronghold, no evidence has been tendered to support their allegation.

” The petitioners have very casually assented allegations of  instigation of violence and intimidation of voters no prove has been shown to this  court” he said.

The  court heard that  there was no campaigning by his agents during the voting day, saying the law  does not provide any display of pictures or placards when the election is taking place.

The  Senator  got 45,712 of the total votes caste and and his opponent 41.200 and the result was subsequently gazetted.

The Senator was testifying in the petition where three petitioners, Hussein Issa Abdi, Abdikadir Farah Mohamed and Mohamed Aden Abdi, challenged his victory alleging it was marred with irregularities and violence.

EMBAKASI SOUTH VOTES TO BE COUNTED AFRESH.

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Former Embakasi South Irshad Sumra accompanied by his supporters leaving Milimani Law Courts after high ordered for vote recounts on Wednesday January 17,2017/PHOTO BY S. A. N.

BY NT CORRESPONDENT.

The High Court has ordered recount of votes tallied  in August 8 for Embakasi South Constituency.

Justice Grace Nzioka issued the order this afternoon  after the former MP Irshad Sumra made a successful application seeking for scrutiny in various polling station.

Mr Sumra filed a petition challenging the win of the current Member of Parliament Julius Mawathe.

According to the Judge, the scrutiny and recount of votes will be carried out under the supervision of the Deputy Registrar in the presence of all the parties in the petition.

“The exercise shall be carried out in the presence of all parties and they are allowed to nominate at most two agents to be present,” she ruled.

The judge said that scrutiny and recount is suitable for small margin difference of result.

Sumra through lawyers Francis Moriasi and Evans Ondieki had requested for recount saying it will unearth electoral fraud.

He also wanted the court to look at the rejected votes which were discarded by IEBC officials to favor his opponent.

The former legislator claims that the results in forms 34A, 34B and those in the IEBC portal are different.

According to him, he defeated the Wiper MP but his victory was taken away by the returning officer.

Sumra, who vied on an ODM ticket, also says there was lack of transparency in the tallying and declaration of the results.

Sumra had accepted defeat by Mr Mawathe but two weeks later changed the mind and challenged the election.

Addressing the media after the ruling, the current MP, Mawathe alleged that Sumra has already tampered with the ballot boxes as seen in a video on social media. He has also produced the video as evidence in court.

He said according to the video which has been adduced as exhibit in court, Sumra had access to the boxes for more than two hours.

The MP said the same boxes tampered with are the ones the petitioner wants to be scrutinized and results are obvious.

The judge is expected to make ruling on the video

MARIMBA SACCO TOUTS WHO BEAT MASENO STUDENTS TO FACE MURDER CHARGES.

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Two employees oo Marimba Investment Sacco George Irungu Maina and Ian Mbungua before high court criminal division on Wednesday January 17.2017/PHOTO BY S. A. N.

BY SAM ALFAN.

Two employees oo Marimba Investment Sacco have been arraigned before high court criminal division and charged with murder.

The driver and driver , George Irungu Maina and Ian Mbungua are alleged that on the December 24th 2017 they killed former Maseno University student Joseph Ng’ethe Kiarie.

The accused persons however did not answer to the charge before lady justice Jessy Lesit and charged with murder since they didn’t have a lawyer to represent them as required by the law.

The prosecution told the court that the two matatu crew are fit to stand trial.

It is alleged that the deceased was allegedly beaten to death by the matatu crew on Christmas Eve in Nairobi after an altercation over a minor accident.

The former Maseno University student leader had complained that the driver of the minibus was in the wrong but he was outnumbered in his quest for compensation for the damage to his vehicle.

On Monday the high court declined to allow Marimba Sacco continue with their operations within This Superhighway.

Judge Roselyn Aburili said that the court cannot review an administration Act unless all other internal mechanism set by law are fully exhausted.

Further the judge said that the Suspension letter or notice was issued within the parameter of the act in the regulation of public service vehicles.

”The appropriate statutory body that is mandated to hear the grievances regarding decision made by the authority is the transport licensing appeals board and not the high by way of judicial review,” ruled Aburili

NTSA had argued that the court noted has no jurisdiction to hear and determine the matter adding that the applicants failed to exhaust all the internal appeal mechanism before approaching the court.

Marimba Investment Sacco moved to court to challenge the suspension of its license which was suspended after a motorist was allegedly killed by its crew. Marimba claim that the move by NTSA is hurting their business adding that most of the PSVs were acquired on loans payable monthly.

The matter will be mentioned on the 24th of this month when the two are expected to answer to the charge.

Justice Lessit directed that they be remanded at Industrial area remand.

RUARAKA MP TJ KAJWANG ELECTION UPHELD.

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Orange Democratic Movement Ruaraka Member of Parliament Tom J .Kajwang speaking to journalists outside Milimani Law Courts after high court upheld his victory on Tuesday January 16 ,2018/PHOTO BY S.A.N.

BY SAM ALFAN.

High court has upheld  the election of Orange Democratic Movement Ruaraka  Member of Parliament Tom J .Kajwang.

The court dismissed the Petition filed by nominated senator Elizabeth ongoro challenging the election of Mr kajwang

Justice Richard Mwangi said there was no evidence  adduced that warrant nullification of election.

Court rules that none of the witnesses gave evidence or testified that they were denied access to the polling stations.

Justice Mwongo ruled that the video evidence produced before the court was on no value since it did not show the burning of ballot papers and affected the outcome of the results as alleged by Ongoro.

“I’m unable to find that there was massive irregularities in the forms 35 in the 80 polling stations as alleged by the petitioner” ruled Mwongo.

Elizabeth Ongoro challenged the  election petition against his rival Tom Kajwang who defeated him in the race for Ruaraka MP.

Kajwang (ODM) got 32,190 votes against the 28,127 Ongoro (Amani National Congress) managed in the tough contest.

In the election petition, Ongoro, who was a Nominated Senator, says massiveirregularities marred the MP vote.

“With impunity, Kajwang contravened the rule of law and the principles of conduct of a free and fair election through the use of intimidation, coercion and improper influence of voters.”

She wants the court to declare that the non-compliance, irregularities and improprieties in the race were substantial and so significant that they affected the outcome.

MARSABIT SHEIKH DETAINED FOR 30 DAYS OVER TERROR LINKS.

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Marsabit Town Sheikh Guyo Gorsa before a Nairobi Court on Monday January 15,2017/ PHPTO BY S.A.N.

BY SAM ALFAN.

Marsabit Sheikh Guyo Gorsa linked to terrorism has been detained for 30 days to allow the police to complete their investigations over allegation of territorism.

“Guyo will remain in custody for 30 days pending the completion of the investigation by the prosecution,” said Mutuku.

The Court ruled that, police had probable cause to arrest the Sheikh.

“There is nothing wrong in relying on intelligence information so far received in regard to the activities of the Sheikh” said Mutuku.

She further ruled that, there are compelling reasons to warrant the continued detention of the Sheikh.

The Sheikh shall be detained at an appropriate police station within Nairobi County.

The magistrate said the police station shall not be named due to security reasons but the defence Counsel and family are free to visit him and shall contact the Investigating Officer whenever they wish to visit the Sheikh.

The learned magistrate said, the application was properly before the court and does not contravene the constitution.

ATPU said in its application that Gorsa was arrested due to his influence with the terror group , recruitment  and radicalization of youth’s in Marsabit to undertake terror activities.

Senior State Counsel Duncan Ondimu, while making application for custodial orders, told the court that the suspect was arrested January 13 at Madarassa Toba in Marsabit county pursuant to credible intelligence information that he was involved in terrorism.

He said the police, at the time of his arrest, seized his mobile phone which was fitted with a SIM card and SD card and are yet to be fully subjected for forensic examination and a report on the same obtained.

“The intelligence report so far received shows that the religious leader has been in constant communication with well-known terrorists based in Somalia and some within the country,” Ondimu told the court

ATPU through Senior Prosecutor Duncan Ondimu told the court that,  the Muslim cleric has other associates who are yet to be apprehended but their arrest is being vigorously pursued by the security agencies both within and out of the country.

The Sheikh opposed the application saying that police have no basis to detain him for four weeks pending trial.

Defence lawyer yesterday urged the Magistrate Martha Mutuku to allow the  ATPU to hold him for more than two days as they have no sufficient evidence of him committing an offense.

STEVE MBOGO FAILS IN BID TO SCRUTINIZE JAGUAR’S VOTES.

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Businessman Steve Mbogo with his wife during the hearing on Monday November 13,2017.

BY SAM ALFAN.

High Court has dismissed an application by Starehe constituency August 8 election loser Steve Mbogo seeking scrutiny.

Justice Fred Ochieng rules that the petitioner asked for scrutiny because he hoped to use the exercise to get information which could be useful to petition.

He said scrutiny must never be a process through which a party can obtain new or further evidence.

“In the event the application dated 5 October 2017 is hereby dismissed” ruled the judge.

Justice Ochieng said there was a consent order by the court on 12 October, 2017 which information was extracted by the petitioner’s  ICT expert from 220 polling stations

He further said Steve Mbogo has not made out a case to warrant the production of the polling station diaries for the polling stations.

” I find that the IEBC cannot be faulted for not making available all the polling station diaries. I also find no reason to warrant an order compelling the IEBC to make available all the polling station diaries which it had not already provided” said Ochieng J.

Steve Mbogo wanted the court to order for scrutiny for all votes cast in his favour when he contested for the position of Member of National Assee for the Starehe constituency during the general  Election which was held on 8 of August 2017.

Among polling station he was seeking  for scrutiny are, Pangani Girls High School , Moi Avenue Primary school, Mukuru Kaiyaba,Government Vehicle Inspection Unit, NSSF grounds, Kenya Polytechnic University, City Primary school among others.

He also applied orders to compel IEBC  to supply certified copies of the original forms 35A from all the 254 polling stations , printed copy of voters register of voters, polling day diaries and inventory of all ballot boxes.

De LA Rue WIN TO PRINT MONEY STOPPED AGAIN.

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De La Rue Company.

BY BUSINESS DESK.

High court has temporarily stayed the Public Procurement Administrative Review Board decision that nullified the currency printing tender awarded to De LaRue Company.

Justice George Odunga further consolidated the two matters- that had been filed by CBK and De Larue and directed that the case be mentioned on Friday for further directions.

Central Bank of Kenya together with De LaRue moved to court to challenge the PPARB decision.

The two argue PPARB in ruling that the tender issued to De La Rue is unlawful acted ultra-vires by law by allowing a request for review that was filed out of the statutory period of 14 days.

Both CBK and De La Rue now want Public Procurement Administrative Review Board decision set aside.

MAILU BAN ON SHISHA IN FORCE, COURT RULES.

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Health Cabinet secretary Dr. Cleophas Mailu who want case challenging his decision to ban shisha banned.

NT CORRESPONDENT.

Shisha product and consumption to remain illegal in the country.

This is after high court this morning declined to lift the ban imposed by the government.

Lady Justice Roselyn Aburili directed that the matter be heard fully before a final verdict is issued.

“I find and hold that a lesser risk in this matter at this stage is to decline a stay sought and instead allow the matter to proceed to hearing and determination of the substantive motion and ensure that it is fast tracked,”ruled Aburili.

Aburili said that where there are losses to the shisha business or loss of employment that loss can be quantified and subject to prove can be compensated by way of damages in legal proceedings.

The court also noted that it is important to give each side an opportunity to urge their case adding that she is not persuaded that if a stay is denied at this stage then the main application if successful will be rendered nugatory.

Health Cabinet secretary Dr. Cleophas Mailu urged the court to dismiss the case challenging Shisha ban claiming that Consumption of Shisha in Kenya has been found to be a gateway to consumption of other hard drugs such as heroine.

Mr Mailu while responding to the case said he exercised his powers under section 36(m)of the public Health Act when he imposed the ban on importation , sale , advertise , promotion and distribution of Shisha in Kenya.

“The manufacture, importation, distribution, sale and the consumption of Shisha is not licensed in Kenya,”reads the court documents.

The health CS says that the decision to ban Shisha is not based on biasness, unreasonable or bad faith as alleged by the petitioners. Mailu says that the decision was based on the greater public interest of protecting and enforcing public health from harmful effects and practices associated with Shisha Consumption.

The CS argues that from available statistics the use of Shisha has revealed severe acute and chronic health effects on consumers and exposed non consumers.

Further the Cs has attaches a copy of an advisory note on water pipe smoking published by WHO. The report observes that shisha contains nicotine which is highly addictive substance.

The businessmen claim that the CS did not consult them or involve the public before reaching the decision. According to them, the notice by the CS is erroneous and it contravenes the constitution. The applicants also say it is discriminative.

However Health Cabinet Secretary Dr. Cleopa Mailu has however asked the court to dismiss the case challenging shisha ban claiming that consumption of the product in Kenya has been found to be a gateway to consumption of other hard drugs such as heroin.

SONKO WANTS TO STOP PAYMENT OF COUNTY DEBTS.

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Nairobi County Governor Mike Sonko.

BY SAM ALFAN.

Nairobi County have moved to court seeking to stop payments to all creditors so as to allow audit pending bills amounting to 60 billion shilling.

“The County is willing to settle the pending decrees but needs time to pay after scrutiny, and ascertaining the status of the various payments”, state court documents

According to Sonko through his lawyers Thomas Letangule and Elias Mutuma says that, the County’s liabilities as at June 30, 2017, stood at 56,516,365,308.32 shillings which amount is inclusive of debts due to statutory bodies, suppliers and contractors, long term loans, contingent liabilities and employee benefits.

Sonko says the County inherited these huge debts from the defunct City Council of Nairobi and the immediate predecessor which have significantly affected cash flows and the county is in the process of developing a debt management strategy with a view to liquidate all debts inherited from the defunct council City Council of Nairobi.

According to the court papers other debts arising from court cases makes a total sum of 3, 004, 177, 668 shillings

Sonko says that the county is experiencing financial constraints and is not in a position to immediately pay under the county’s current financial year owing to limited and restricted sources of revenue.

Similarly the county boss claim that the County is experiencing financial constraints that have made it difficult for the county to meet its monthly obligations as well as settle debts accrued by its predecessor and particularly settle the decretal sums issued against it.

“Some of the creditors have initiated and pursued execution against the County Government via attachment and committal proceedings, seeking to have Nairobi City County officers committed to civil jail for failure by the Nairobi City County to satisfy decretal sums, and such arrest and/or imprisonment will be unfair and contrary to the Constitution with specific regard to freedom of movement, devolution and its objectives.

The county now says it’s apprehensive that arresting and detaining the County’s officials has the potential of bringing to a standstill or throwing into disarray the functioning of Nairobi City County, including payment of creditors, contrary to public interest and policy.

“If the creditors are allowed to continue with the execution the move is likely to expose the County government and the public at large to further untold liabilities and eventual loss of public funds.

“I note that the application seeks to payment of decretal given into a law suit judgment obtained after court process. That been fact I see no urgency in the application” ruled the judge.

He directed the application be served to  the respondents and appear for further directions on February 5.

WAJIR GOVERNOR TO REMAIN IN OFFICE.

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Wajir Governor Mohamed Abdi speaking with his supporters outside Milimani Law Court on Monday January 15,2017/PHOTO BY S.A.N.

BY SAM ALFAN.

Wajir Governor Mohamed Abdi to remain in office pending hearing and determination of his case challenging high court that annulled his October 8 victory.

This is after the governor filed an appeal  against the High court decision this morning through lawyer Tom Macharia.

The governor while speaking at Milamani Law Court said he respect the judgment but he doesn’t agree with it and he has challenged it before the appellate court.

“We respect the court judgement but we dispute it because it was controversial judgements and justice was not delivered”. said the governor.

According to the court of appeal (election petition) rules, 2017, the filing and service of notice of appeal stays the execution of high court judgement.

“The filing and service of a notice of appeal stays the execution of any judgment, decree, order or direction from the high court pending the determination of appeal” state rules 18 (1) of court of appeal election rules 2017.

The rules further says that ” the stay shall cease to apply if no record of appeal is filed within thirty days from the date of the judgment of the high court”.

High Court on Friday ruled that the governor he was not validly elected and cleared to run for the seat.

irregularities  re-opened some ballot boxes from polling stations after they had already been sealed.

Court noted that he didn’t have a degree.

Court noted that there was alterations in some forms yet there was no counter signing as required by the law.

Many Voters were assisted in voting thereby compromising the integrity of the process.

Further the courtsaid that many forms were not genuine there were either photocopies with no water marks or print outs and did not explain where the origninals were.

“In totality the court hereby finds that the petitioners have succeeded in convincing the court they the election was not conducted in a free and fair manner” ruled justice Fred Mabeya.

Mabeya further ordered by election to be held in accordance with the electoral laws and the constitution.

Mabeya said the governor failed to turn up in court to dispel claims the he did not have a degree.
He said coming to court for cross examination was a good chance for him to rebut the allegations.

“Accordingly I make a finding that as at 8th August 2017, the Ist respondent-governor Muhammed Abdi Mahamud did not have the academic qualifications to vie for position of governor. He was therefore not legally cleared to vie for that position as he did not satisfy the provisions of section 22(2)of the Election act, “ruled justice Mabeya.

The court also noted that the principles of the secrecy of the ballot was breached and that the record of the election through the prescribed forms 37 a, 37B and 37 C was neither acco8untable nor credible.