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NEW CYBERCRIME LAW IS PUNITIVE, OVERTURN IT, COURT ASKED.

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BY SAM ALFAN.

The new cyber crime law 2018 is meant to silence whistleblowers, a man has told court.

Geoffrey Maina also wants the law overturned as it impedes on fundamental human rights.

The much touted protective law, he says is taking away the right to access information and freedom of expression.

Mr Maina also says that the new law was passed without public participation and as such should be overturned.

He avers that the new law sets out harsh penalties which include up to Sh50 and or imprisonment of up to 25 years.

He holds that this law falls short of international standards, requirements and violates treaties and conventions to that Kenya is a party.

“Some sections of the Act also unreasonably restricts citizens right of access to information under Article 35 of the constitution,”argues Maina.

He claims the act which was passed without public participation threatens Kenyans right to privacy under Article 31 of the Constitution , freedom of expression and opinion under Article 32 and 33.

Mr Maina also holds that whistleblowers will show a blind eye to graft for fear of being subjected to punitive sentences.

‘PUNCHES’ READY AS JUDICIARY FACE OFF PARLIAMENT.

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Former Lawyer Law Society of Kenya Chief Executive Officer Apollo Mboya speaking to NairobiTimez.com shortly after court declared some sections of Parliamentary Powers and Privileges Act unconstitutional on Monday May 21,2018/PHOTO BY S.A.N.

BY SAM ALFAN.

A simmering battle brews pitting the courts and Parliament after the former broke into MPs amnesty.

The High Court this time declared unconstitutional some sections of Parliamentary Powers and Privileges Act.

“A declaration is hereby issued decreeing that section 7 and 11 if the Parliamentary Powers and Privileges Act (No.29 of 2017) are inconsistent with and contravenes Articles 1,2,3,10,19,20,21(1), 22,23,24,48,50,93 (2),94(4), 159, and 158 of the constitution of Kenya 2010” Justice John Mativo said.

The 29 page judgment further declared null and and void  and 11 of the Parliamentary Powers and Privileges Act (No. 29 of 2017).

The judge declared various sections of parliamentary privileges unconstitutional and therefore null and void.

Delivering a Judgement in a petition filed by former Law Society of Kenya boss Apollo Mboya, the judge noted that various clauses offends the principles of the constitution.

Parliamentary immunity is not an individual privilege granted to members of Parliament for their personal benefit but rather for the people and the institution which represents them,” Justice Mativo said.

The judge further said that, the primary duty of the court is to uphold the constitution and the law which it must apply impartially and without fear, favour or prejudice.

The judge also noted that, in the process of court performing their constitutional duty, court intrude into the domain of other arms of government, that is an intrusion mandated by the constitution.

“What courts should strive to achieve is the appropriate balance between their role as the ultimate guardians of the constitution and the rule of law including any obligation that parliament is required to fulfill in respect of the passage of laws, on the one hand, and the respect in which they are required to accord to other arms of government as required by the principal of separation of powers,” he held.

In the petition, Mr Mboya challenged the parliamentary law saying it granted lawmakers “super immunity.”

He faulted the law, which also gives county assemblies similar immunity, for elevating lawmakers to be beyond scrutiny even when there is violation of the Constitution.

Mr Mboya sued the National Assembly and the Senate and wanted three sections of the Parliamentary Powers and Privileges Act, 2017, declared null and void as well as inconsistent with the Constitution.

He argued that the end result of that law is to lock out even courts from questioning proceedings or decisions of Parliament.

President Uhuru Kenyatta assented to the law that gave MCAs immunity just like their counterparts in Parliament in March.

The said law lists the precincts of county assemblies as a beneficiary of the privileges and immunity of members including protection of proceedings from court action.

ONE MORE BUSINESSMAN CHARGED WITH STEALING HARAMBEE SACCO MILLIONS.

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Businessman Walter Obunga Bonyo before a Nairobi Court on Monday May 21,2018.
BY NT CORRESPONDENT.

Another businessman has been charged with stealing millions from Harambee Sacco.

Prosecution has alleged that Walter Obunga Bonyo between the 1 December 2017 and 7 of February 2018 at Harambee Savings and Credit Co-Operative Society Office in Nairobi, jointly with another already before court , stole cash Kshs. 12,350,000 the property of Harambee Savings and Credit Co-Operative Society.

He pleaded not guilty before a Nairobi Chief Magistrate Court Francis Andayi.

He was released on a cash bail of 1 million and pending cash bail payment to remain in custody.

March this year a top manager of the giant Harambee sacco was charged with stealing over 13.6 million shillings from the Cooperative.

The Sacco credit manager Christopher Seje Bolo who was working at the Credit control Department of the sacco, which is the second largest credit and savings Co-operative society in the Country ,is accused that on December 1 ,2017 and 7 February 2018 ,at the sacco’s office ,bieng an employee of the organisation stole Kshs 13,645,220 shillings property of the sacco which came to his possession by virtue of his employment.

Bolo denied the charge before  Principal Magistrate Martha Mutuku and was released on a cash bail of Sh 300 000shillings or bond of 1million with a surety of the same amount  .

A prosecutor Pamellah  Avedi said that the case  will be  consolidated with another where the  former  head of Finance  Jacob  Barasa was charged with stealing  the same  amount.

Avedi said the Sacco which has a membership of 100,000 drawn from the civil service is the complainant through its acting chief executive officer Mr Renson  Mwandoe.

Prosecution to consolidate three files.

SUCCESSION CASE PITTING LAWYER AGAINST A KADHI SPILLS TO THE JSC.

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Deputy Chief Kadhi Rashid Omar /FILE PHOTO.

BY SAM ALFAN.

The Judicial Service Commission has received a letter prompting its action against a Nairobi Deputy Chief Kadhi accused of gross misconduct.

JSC is the singular body mandated by the constitution to review judges behavior including those of the apex court and other courts recognised in the constitution.

An advocate filed a complaint against Nairobi Deputy Chief Kadhi Rashid Omar .

Mr Hassan Madowo Said in a letter to the JSC accuses the Kadhi of incompetency and misconduct.

The row arises from a succession case.

Clients represented by Mr Hassan deposited title deeds of several properties for safe keeping and were to be kept on a stakeholder basis in pursuance of distribution of the estate in a accordance to a judgement delivered on January 15 2018.

In March, the Kadhi summoned the beneficiaries of the estate of the late Abnoor Sharrif Mohammed who were accompanied by an advocate to appear before him to confirm if indeed the original documents were in their possession.

He thereafter summoned the law firm of Mr Hassan to appear before him on May 9 2018 and details of the summon were sent to the law firm which was to authenticate the original title documents.

On May 9, the documents were presented to him but the Kadhi demanded the original titles saying they should be kept with him pending the distribution of the properties.

“Upon being informed that we did not have any instructions to supply the original titles as we were holding them in trust to a professional undertaking we took on behalf of the client, he unlawfully refused to let the associate leave the court chambers,” the letter says.

DCK Omar was informed there was no longer a dispute between the two families and titles were handed over to the law firm with the consent of two parties concerned who appeared together at Noor firm.

The DCK then disclosed that he delivered a judgment on January 15 2018 requiring all original title documents be deposited with him.

“It is worthy to note that on the 15 of March 2018, the court directed that the titles be brought before it for scrutiny and purpose of allowing the court to authentic the same,” the letter noted.

That is when the Kadhi directed that the advocate would not leave the Chambers with those original titles and went ahead to direct his court clerk to summon the court bailiff to arrest the counsel.

They sought direction as to the manner they would get back the original title documents but the Kadhi informed the lawyer that one of the orders of the judgement was that the original title to be deposited in court for onward transmission to the respective beneficiaries.

Mr Hassan law firm disputes this order as it was not captured in the said judgment the Kadhi alludes to.

The advocate also claim the DCK also asked whether the advocate were paid their fee which they claim the Kadhi lacks such jurisdiction.

Giving the original title deeds, the advocate says exposes them to their clients who may decide to forfeit their agreement.

The Kadhi also kicked the counsel out of the Chambers in the most vile, abusive and hostile manner.

Further DCK Omar barred the law firm from practicing in the Kadhi court infringing their clients rights.

The matter is coming up tomorrow for mention before DCK.

DISABILITY IS NOT INABILITY! ONLINE SHOP OWNER CHEN CIFANG FROM CHNA.

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30726525_1665764006840755_154048773306582643_nDisability is not inability, this has been said and yes, proved often enough and in many areas such as sports, education and employment.
In recent years, people with disabilities have proven that they can live normal lives by doing almost everything by themselves.
30705756_1665764010174088_6091929602008822377_n
This inspiring young armless online shop owner known as Chen Cifang from Badong county, Hubei province, central China, is a living proof that nothing is impossible.
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Chen Cifang was born without arms, but his feet are more than enough to do everything else. He is capable of doing a range of menial tasks around the house, including chopping wood for fire and cooking. 30738614_1665764013507421_1380113988117153195_n
He can also type, cut and edit videos with his particularly adept toes. Chen’s dream is to expand his online business and help the villagers get ride of poverty. Well, like the saying goes: Aim for the moon. If you miss, you may hit a star. (Text by; Jennipha Wangeci, Photos by: Xinhua)

ONE- LEGGED PLAYERS TEAM DUBBED “MIRACLE TEAM” OF EGYPTIAN.

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Player's playing on the pitch (180311) -- CAIRO, March 11, 2018 (Xinhua) -- Members of the "Miracle Team" have a training session in the pitch of El Salam youth center on the outskirts of the capital Cairo, Egypt on March 9, 2018. Carrying crutches, a group of 40 Egyptian one-legged soccer players have recently formed their "Miracle Team" that aspires to start league for disabled footballers in the country and dreams of joining the amputee football world cup one day. (Xinhua/Ahmed Gomaa)
OUR SPORT.
(180311) -- CAIRO, March 11, 2018 (Xinhua) -- Members of the "Miracle Team" have a training session in the pitch of El Salam youth center on the outskirts of the capital Cairo, Egypt on March 9, 2018. Carrying crutches, a group of 40 Egyptian one-legged soccer players have recently formed their "Miracle Team" that aspires to start league for disabled footballers in the country and dreams of joining the amputee football world cup one day. (Xinhua/Ahmed Gomaa)
(180311) — CAIRO, March 11, 2018 (Xinhua) — Members of the “Miracle Team” have a training session in the pitch of El Salam youth center on the outskirts of the capital Cairo, Egypt on March 9, 2018. Carrying crutches, a group of 40 Egyptian one-legged soccer players have recently formed their “Miracle Team” that aspires to start league for disabled footballers in the country and dreams of joining the amputee football world cup one day. (Xinhua/Ahmed Gomaa)

Mention soccer and what comes first into people’s minds is a team of young, healthy and strong men.

(180311) -- CAIRO, March 11, 2018 (Xinhua) -- A member of the "Miracle Team" puts the captain band on Mahmoud Abdo's arm before a training session in the pitch of El Salam youth center on the outskirts of the capital Cairo, Egypt on March 9, 2018. Carrying crutches, a group of 40 Egyptian one-legged soccer players have recently formed their "Miracle Team" that aspires to start league for disabled footballers in the country and dreams of joining the amputee football world cup one day. (Xinhua/Ahmed Gomaa)
(180311) — CAIRO, March 11, 2018 (Xinhua) — A member of the “Miracle Team” puts the captain band on Mahmoud Abdo’s arm before a training session in the pitch of El Salam youth center on the outskirts of the capital Cairo, Egypt on March 9, 2018. Carrying crutches, a group of 40 Egyptian one-legged soccer players have recently formed their “Miracle Team” that aspires to start league for disabled footballers in the country and dreams of joining the amputee football world cup one day. (Xinhua/Ahmed Gomaa)
However, this is not the case with these young Egyptian soccer players who recently came together and formed a team for one-legged players dubbed”Miracle Team” that aspires to start league for disabled footballers in the country and dreams of joining the amputee football world cup one day.
(180311) -- CAIRO, March 11, 2018 (Xinhua) -- Mahmoud Abdo (C), the founder and captain of the "Miracle Team", jumps skillfully upside down on his crutches to celebrate a goal during a training session in the pitch of El Salam youth center on the outskirts of the capital Cairo, Egypt on March 9, 2018. Carrying crutches, a group of 40 Egyptian one-legged soccer players have recently formed their "Miracle Team" that aspires to start league for disabled footballers in the country and dreams of joining the amputee football world cup one day. (Xinhua/Ahmed Gomaa)
(180311) — CAIRO, March 11, 2018 (Xinhua) — Mahmoud Abdo (C), the founder and captain of the “Miracle Team”, jumps skillfully upside down on his crutches to celebrate a goal during a training session in the pitch of El Salam youth center on the outskirts of the capital Cairo, Egypt on March 9, 2018. Carrying crutches, a group of 40 Egyptian one-legged soccer players have recently formed their “Miracle Team” that aspires to start league for disabled footballers in the country and dreams of joining the amputee football world cup one day. (Xinhua/Ahmed Gomaa)
Carrying crutches and defying their odds, these youngsters are seen training in the pitch of El Salam youth center on the outskirts of the capital Cairo, Egypt.
(180311) -- CAIRO, March 11, 2018 (Xinhua) -- Members of the "Miracle Team" have a training session in the pitch of El Salam youth center on the outskirts of the capital Cairo, Egypt on March 9, 2018. Carrying crutches, a group of 40 Egyptian one-legged soccer players have recently formed their "Miracle Team" that aspires to start league for disabled footballers in the country and dreams of joining the amputee football world cup one day. (Xinhua/Ahmed Gomaa)
(180311) — CAIRO, March 11, 2018 (Xinhua) — Members of the “Miracle Team” have a training session in the pitch of El Salam youth center on the outskirts of the capital Cairo, Egypt on March 9, 2018. Carrying crutches, a group of 40 Egyptian one-legged soccer players have recently formed their “Miracle Team” that aspires to start league for disabled footballers in the country and dreams of joining the amputee football world cup one day. (Xinhua/Ahmed Gomaa).
Unlike other football matches, amputee football has special rules: seven leg-amputee players play on each team and goalkeepers must have one arm. Crutches are not allowed to touch the ball and there is no offside rule or limits to substitutions.
(180311) -- CAIRO, March 11, 2018 (Xinhua) -- Members of the "Miracle Team" have a training session in the pitch of El Salam youth center on the outskirts of the capital Cairo, Egypt on March 9, 2018. Carrying crutches, a group of 40 Egyptian one-legged soccer players have recently formed their "Miracle Team" that aspires to start league for disabled footballers in the country and dreams of joining the amputee football world cup one day. (Xinhua/Ahmed Gomaa)
(180311) — CAIRO, March 11, 2018 (Xinhua) — Members of the “Miracle Team” have a training session in the pitch of El Salam youth center on the outskirts of the capital Cairo, Egypt on March 9, 2018. Carrying crutches, a group of 40 Egyptian one-legged soccer players have recently formed their “Miracle Team” that aspires to start league for disabled footballers in the country and dreams of joining the amputee football world cup one day. (Xinhua/Ahmed Gomaa).
Despite their enthusiasm, the team faces a raft of challenges: a lack of funding, a paucity of special playing crutches and difficulties finding a regular pitch for training. (Xinhua).
(180311) -- CAIRO, March 11, 2018 (Xinhua) -- Members of the "Miracle Team" have a training session in the pitch of El Salam youth center on the outskirts of the capital Cairo, Egypt on March 9, 2018. Carrying crutches, a group of 40 Egyptian one-legged soccer players have recently formed their "Miracle Team" that aspires to start league for disabled footballers in the country and dreams of joining the amputee football world cup one day. (Xinhua/Ahmed Gomaa)
(180311) — CAIRO, March 11, 2018 (Xinhua) — Members of the “Miracle Team” have a training session in the pitch of El Salam youth center on the outskirts of the capital Cairo, Egypt on March 9, 2018. Carrying crutches, a group of 40 Egyptian one-legged soccer players have recently formed their “Miracle Team” that aspires to start league for disabled footballers in the country and dreams of joining the amputee football world cup one day. (Xinhua/Ahmed Gomaa).
(180311) -- CAIRO, March 11, 2018 (Xinhua) -- Members of the "Miracle Team" have a training session in the pitch of El Salam youth center on the outskirts of the capital Cairo, Egypt on March 9, 2018. Carrying crutches, a group of 40 Egyptian one-legged soccer players have recently formed their "Miracle Team" that aspires to start league for disabled footballers in the country and dreams of joining the amputee football world cup one day. (Xinhua/Ahmed Gomaa)
(180311) — CAIRO, March 11, 2018 (Xinhua) — Members of the “Miracle Team” have a training session in the pitch of El Salam youth center on the outskirts of the capital Cairo, Egypt on March 9, 2018. Carrying crutches, a group of 40 Egyptian one-legged soccer players have recently formed their “Miracle Team” that aspires to start league for disabled footballers in the country and dreams of joining the amputee football world cup one day. (Xinhua/Ahmed Gomaa).
(180311) -- CAIRO, March 11, 2018 (Xinhua) -- Artificial limbs of the "Miracle Team" members are seen during a training session in the pitch of El Salam youth center on the outskirts of the capital Cairo, Egypt on March 9, 2018. Carrying crutches, a group of 40 Egyptian one-legged soccer players have recently formed their "Miracle Team" that aspires to start league for disabled footballers in the country and dreams of joining the amputee football world cup one day. (Xinhua/Ahmed Gomaa)
(180311) — CAIRO, March 11, 2018 (Xinhua) — Artificial limbs of the “Miracle Team” members are seen during a training session in the pitch of El Salam youth center on the outskirts of the capital Cairo, Egypt on March 9, 2018. Carrying crutches, a group of 40 Egyptian one-legged soccer players have recently formed their “Miracle Team” that aspires to start league for disabled footballers in the country and dreams of joining the amputee football world cup one day. (Xinhua/Ahmed Gomaa)

CASE AGAINST BUSINESSMAN JARED OTIENO PUSHED TO JUNE.

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Businessman Jared Kiasa Otieno alias Jared Otieno before a Nairobi Court/FILE PHOTO.

BY NT REPORTER.

A Nairobi Court has pushed a criminal case against businessman Jared Otieno to June fourth.

Nairobi Senior Principal Magistrate Martha Mutuku directed the case against prominent businessman Jared Kiasa Otieno alias Jared Otieno and Sikanda Ismail Abdalla Saleh alias Jabbir Ismael Abdalla alias Eshmail Hussein to be mentioned on 4 of June for further directions.

The two are accused on diverse dates between the 4 of October 2015 and the 31 of October 2016 in Nairobi City , jointly with others not before court obtained 169,000 dollars (16,976,472,50 million kenyan shilling) from Mustaq Hafeji Dawood by falsely pretending that they were in position to ship 50 kilogrammes of gold from Jomo Kenyatta International Airport in Nairobi to Kuwait International Airport in the Republic of Kuwait on behalf of Mustaq Hafeji Dawood a fact they knew is false.

Sikanda Ismail Abdalla Saleh alias Jabbir Ismael Abdalla alias Eshmail Hussein
Sikanda Ismail Abdalla Saleh alias Jabbir Ismael Abdalla alias Eshmail Hussein.

Prosecution further accuses the two gold dealers on different dates between 2 of June and and 13 of June this year in Nairobi, jointly with others not before court, with intent to defraud obtained Euros 40,500 (4,786,629,93 million kenyan shilling) from Mohammad Imad Makdad by pretending that they were in position to ship 50 kilograms of gold from Jomo Kenyatta International Airport in Nairobi to Kuwait International Airport in the Republic of Kuwait on behalf of the said Mohammad Imad Makdad a fact they knew is false.

They pleaded not guilty and released on a cash bail of 2million each pending hearing and determination of the criminal case against them.

The matter was reported at Muthaiga police station .

Prosecution has listed eight witnesses including a senior detective who was in charge of investigations and the arrest.

COURT SUSPENDS UNIVERSITY OF NAIROBI DIRECTIVE ON SENATOR LINTURI DEGREE.

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Siaya Senator James Orengo with Meru Senator Mithika Linturi leaving Justice George Udunga Court after hearing of a case where Mr Linturi fighting for his degree on Wednesday March 21,2018/PHOTO BY S.A.N.

BY SAM ALFAN.

High Court has quashed University of Nairobi’s decision to deregister Meru Senator Mithika Linturi.

“The decision made against the petitioner (Mithika Linturi) by the 2 and 3 respondents are unconstitutional ,illegal ,unreasonable ,irrational, oppressive and procedurally unfair” ruled Odunga.

Justice George Odunga further ordered the university to reinstate or readmit Senator Linturi to pursue his post graduate studies.

” The University of Nairobi to reinstate the petitioner as a student of University of Nairobi ,school of Law , to pursue post graduate studies leading to the award of the degree of Master of Laws for 2017/2018 academic year unless and until the petitioner’s studies are lawfully terminated” ruled the judge.

The court ruled decision by University of Nairobi and Ethics and Anti-Corruption Commission resulted in violation and infringement and threatens to violate and infringe Senator Linturi rights under Article 47 of the constitution.

In his ruling on Friday, Justice George Odunga further ordered the institution to award the Senator a law degree.

Mr Odunga declared order sought to find Mr Linturi culpable of criminal offences constitute an abuse of power .

The judge further barred EACC,UoN and or DPP from acting over Linturi’s integrity verification report the subjected of these petition.

Senator Linturi defence team was lead by Siaya Senator James Orengo, Prof Tom Ojienda and Kiogora Mugambi. Lawyer Mugambi welcomed the court decision.

“We feel that our client is now vindicated,the trial judge rightly held that the DPP,EACC and the UON had violated our clients right to fair administrative action as Enshrined in the constitution” Lawyer Kiongora said.

LINTURI ACCUSED LAWYER MUGAMBI IMANYARA.

Mr Linturi is accused his opponent in last election lawyer Mugambi Imanyara of using state organs and agencies to intimidate him.

He further accused the lawyer who vyied against him on a PNU ticket and lost of wanting to benefit from his removal from office.

“The fourth respondent (Mugambi Imanyara ) is using state organs and agency to harass ,oppress and persecute the petitioner with ultimate objective of benefitting from removal or barring the petitioner ( Mugambi Imanyara) from holding any public office purportedly for breaching the moral and ethical requirements of chapter of the constitutional” claims Linturi.

He has accused EACC, University of Nairobi ,Inspector General of Police , DPP, and lawyer Mugambi Imanyara of bias and acting in bad faith in making to his detriment.

Mr Linturi alleges he will lose four academic years in which he has undertaking studies in University of Nairobi and he will lose the chance and opportunity of pursuing postgraduate studies for a master degree.

Linturi now wants the court the director of public prosecution, Ethics and Anti-corruption commission and the police barred from investigating or arresting him over his alleged fake degree.

He has filed a suit at the high court saying he’s afraid of being arrested and prosecuted over the said degree unlawfully.

He claims that the police and the DPP are planning to institute criminal case against him based on incomplete and scanty investigations with an aim of annulling his election as a senator and to prohibit him from occupying any public office.

ALLEGED PROSECUTION.

Linturi claims that  that the intended prosecution has ulterior and extraneous purpose whose predominant objective is to end his political career as a senator and to close any opportunities.

The senator says that the intended prosecution will make his work difficult and thus will fail in delivery and the mandate

The University of Nairobi has already de-registered and dis-continued the senator from the University and as a result the senator did not graduate in December.

The legislator says that he’s afraid that hell loose four academic years and which he has undertaken studies at the University and loose the chance of pursuing a post graduate studies.

“There’s a threat and likelihood that I may be charged with criminal offences based on incomplete and scanty investigation and which the DPP and the EACC are likely to ignore as exculpatory,” says Minturi.

 

NAIROBI COUNTY WANT SH 1.7 BILLION HEALTH PROCUREMENT PAYMENT CASE STRUCK OUT.

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Lawyer Harrison Kinyanjui for Nairobi Governor Mike Sonko making submissions before court.

BY NT CORRESPONDENT.

Nairobi county wants case on Sh1.7billion health procurement payments struck out.

Through lawyer Harrison Kinyanjui for Nairobi Governor Mike Sonko, argues that the petition has no merit, and constitutes an extortion scheme against the Nairobi governor Mike Mbuvi Sonko and others.

“The petitioner failed to exhaust avenues for ventilation of his perceived grievances by reasons of which the petition ought to be struck out with cost,”reads court documents.

Further Kinyanjui claims that the petition is an oblique appeal on a procurement decisions of the County and hence ought to have been lodged as an appeal to the relevant entity so vested under statute.

Lawyer Harrison Kinyanjui representing governor Sonko urged the court not to entertain the application filed against the county governor and governor Sonko, saying the petition has no merit and that is prolix and constitutes an extortion shame against the respondents.

The lawyer submitted that the proceedings are an abuse of court process and are very vexatious.

He told the judge that the petitioner failed to exhaust avenues for ventilation of his perceived grievances by reasons of which the petition ought to be struck out with cost.

“The petition essentially is an oblique appeal on a procurement decisions of the Nairobi county Government and Governor Sonko and hence ought to have been lodges as an appeal to the relevant entity so vested under statute,” said Kinyanjui.

AAR insurance on its part says that that the petition is fatally defective, frivolous , bad in law and lacks merit and therefore it should be dismissed since it’s an abuse of court process.

“The court lacks jurisdiction to entertain a petition from an MCA in exercise of his oversight authority under Article 183(3) of the constitution.

The Insurance also argue that the court cannot clothe itself with jurisdictions reserved for the public procurement regulatory Authority .

In the case Peter Imwatok, the assembly minority leader, filed a petition at the Anti-Corruption Court, claiming that the Nairobi City County administration authorized irregular procurement in the 2016/17 and 2017/18 financial years.

In the case Imwatok is seeking a declaration that Sonko, former county secretary Simon Morintant, and former finance chief Veska Kagongo are unfit to hold any public office.

Also sought is an order to have all funds paid to AAR Insurance Company with respect to the two extensions of July 1, 2017 to September 30, 2017 and October 1, 2017 to December 31, 2017 returned to the county.

Ruling will be delivered on June 7.

GOLD DEALER CHARGED WITH OBTAINING 25 MILLION.

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Michael Kyalo Kiilu alias Peter Kivai before a Nairobi Court.

BY NT REPORTER.

A alleged gold dealer has been charged before a Nairobi Magistrate with obtaining 25 million.

He appeared before Nairobi Senior Principal Magistrate Martha Mutuku.

Michael Kyalo Kiilu alias Peter Kivai is accused on diverse date between the 19 day of February and 1 March this year at Muthangari along Mzima spring road in Nairobi jointly with others not before court obtained 25 million from Hamad Yacoub Hamad by falsely pretending he was in position to supply him with 14 kg of gold the fact he knew was not true.

He pleaded not guilty to the fraud charge.

He was released on a cash bail of 3 million pending hearing and determination of the criminal case.

The matter to be heard on 30 of August.