Blog Page 136

MURANGA GOVERNOR WA IRIA IMPEACHMENT MOTION TABLED AT COUNTY ASSEMBLY.

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Muranga-Governor-Mwangi-wa-IriaBY THOMAS KARIUKI

@njoroge19

Muranga Governor Mwangi wa Iria is under intense pressure following an impeachment motion that was tabled in the County Assembly yesterday.

Nominated MCA Ms Mary Waithira has asked the Assembly to remove Governor wa Iria over alleged flouting of public finance management and procurement procedures.

Ms waithira alleges that the governor lacks accountability in management and use of the county’s resources and is incurring unsustainable debts to the tune of Sh2.5 Billion which were not disclosed to the assembly.

“Gakoigo stadium under the department of Youth and Sports was allocated Kshs.30 Million in the financial year 2014/2015, yet it had incurred a total debt of Kshs.59 Million and no monies had been paid,” the MCA says.

She also claims that the action puts the county at a very precarious situation which may lead to auctioning of county assets.

It is alleged that Governor Wairia also allowed misappropriation of county funds by spending public money in private commercial entities.

Ms Waithira says that a report by the Auditor General on the financial operations of Murang’a county executive for the period between 1st July 2013 to 30 June 2014, showed that the County Executive contributed a total of Kshs.28,489,800.00 to Murang’a Investment Co-operative Society (Shilingi-Kwa-Shilingi).

“The Society is an autonomous body independent of the County Executive and according to the Auditor General’s report; it was not clear therefore the circumstances under which the county Executive was funding it,” Ms Waithira says.

She also claims that in the County Governments Budget implementation review reports of the Controller of Budget, the County Executive under the stewardship of the County Governor incurred advertisement expenditure amounting to Sh247 Million against an approved budget of Sh7 Million as at 31st March 2015.

Ms Waithira also accuses the Governor of failing to consult the public over the preparation of county plans, budgets, economy and financial management policies.

The governor, she says “is disregarding the Assembly and undermining its legislative authority, through requisition of monies and not remitting the same, hence crippling the operations of the Assembly and undermining the independence of the latter.”

A hearing is scheduled for Tuesday next week.

SENATOR MUTHAMA AND MOROKO CHARGED WITH INCITEMENT AND RELEASED ON 200,000.

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Machakos Senator Johnstone Muthama with political activist Japhet Muriira Muroko at milimani law courts where they were charged with incitement to violence on Tuesday October 13,10,2015.
BY SAM ALFAN.
Machakos Senator Johnstone Muthama has been arraigned in court and charged with incitement to violence.

Muthuma pleaded not guilty to the charges.

Nairobi Chief Magistrate Daniel Ogembo directed the senator and his co-accused to execute personal bond of 100,000 shillings with the option of 300,000 bond to secure his freedom.

Machakos Senator Johnstone Muthama appeared before Nairobi magistrate Daniel Ogembo on Tuesday morning where he faced incitement charge which he is alleged to have committed during a CORD rally at Uhuru Park last month at.

According to the charge sheet it is alleged that on the 23rd of September at Uhuru park in Nairobi county,Muthama incited the public to violence.

Muthama, was charged alongside political activist Japheth Muriira Muroko,and was represented by a team of lawyers led by John Khaminwa, Haroun Ndubi and Kethi Kilonzo among others.

Muroko faced a charge translated from Swahili to mean: “We are saying, the motion being brought to impeach Uhuru, any Member of Parliament who votes against it will be lynched.”

The offence, according to the prosecution, was committed on September 23 at Uhuru Park, Nairobi.
This comes two days after Machakkos senator Johnstone Muthama has been summoned to appear in court on Thursday 15 to answer charges of incitement to violence and disobedience of the law.

This comes after his attempt to stop prosecution was declined by the high court judge Justice Joseph Onguto.

Senior Director of Public Prosecution Dr Leonard Maingi told court that there is sufficient evidence linking the senator to incitement arising from CORD rally that took place at Uhuru Park on 23 September 2015.

He told chief magistrate Daniel Ogembo that the senator will be charged along side political activist Japhet Muriira Muroko.

The prosecution says that the senator at the rally he uttered words.

” Kunzia Wiki Ijayo Kama Walimu Hawatalipwa Hakuna Mtu Ataenda Kufanya Kazi, Na Yule Ataenda Kufanya Kazi Atakula Mawe” From next week if teachers will have not been paid nobody will go to work and whoever goes shall be stoned”

Which words according to the prosecution indicated to bring death and physical injury to innocent Kenyans.
The activist will plead to the charges of having uttered words to effects that.
“We are saying the motion being brought to impeach Uhuru, any member of parliament who votes against it will be lynched:

Justice Onguto while declining to issue conservatory against the two accused persons said that the court cannot issue order until the director of public prosecution, the cabinet secretary for interior and co-ordination of national government and inspector general of police have responded to the application by the senator.

The judge directed the petition be served upon the respondents and the matter be heard tomorrow inter parties for the court to determined whether to issue the conservatory order sought.

The senator through a battery of lawyers led by Dr John Khaminwa, James Orengo and Antony Oluoch, separately in their submissions told the court that their client is being charged with offence of incitement to violence which is contrary to Article 50 (1) of the constitution.

The extent that the charge of alleged incitement to violence under Article 96 (a) purports to shift the burden of proof and takes away presumption of innocence.

The court hear that the decision of the DPP is selective and discriminatory that is not based on proper investigation has required by law.

”The utterance made by the petitioner was well within his right as senator and citizen of the Kenya” the court heard.
Muthama he said to have told the crowd at the rally.
”That failure of the government of the day to listen the rising tide of security with the republic”
he further said that

Failure by the government to respect public institution to protect public monies lost through corruption by government officers and refusal by the government to obey judicial orders”

During the rally the senator was heard saying that Waiguru was President Kenyatta ‘s lover that head of state was careless who per-occupied by the cabinet secretary and he should be smoked out state house
All that he senator said the lawyers told the court was within his constitutional rights and freedom of speech.

TATU CITY PARTNER WANTS JUDGE TO PULL OUT.

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Justice Eric Ogola during the hearing of an application seeking his dismissal from hearing the commercial disputes touching on parties involved in the lucrative project Tatu City suit where he is accused of bribery on Tuesday October 13,10,2015.
BY SAM ALFAN.
High court will on Friday rule on whether the judge handling Tatu city suit will disqualify himself or not over bribery allegations.
This after the commercial judge admitted having discussed the Sh 240 billion Tatu City project with thirds parties, which now calls for his disqualification.
Justice Eric Ogola according to sworn affidavit by lawyer Issa Mansour , did admit before parties in the disputes indeed he had sought advice after receiving information that a complaint letter had been written to the judicial service commission.

Mr Issa told the court that he has on behalf of his client Christopher Barron applied for disqualification of the judge from hearing the matter.
Lawyer Denis Mosota for Anthony Njoroge who is the six respondents on the suit associated himself with submission by Issa Mansour saying the judge should disqualify himself from the matter since the application was raising weighty issues.
“The application and the affidavit filed in this court raises very serious and weighty issues” said Mr Musota.
Mr Musota further asked that, ”who is this fair minded observer” he cited a list of the authority that defined the meaning of the fair minded observer and asked the judge to withdraw from the matter to promote justice to the matter.

He said on 21 September 2015 when they came up for hearing, the judge walked to court visibly agitated and started ranting how he had been suffering because of a letter and accused an :” advocate” of taking instruction for the sake of money.

“The judge went on about twenty minutes and alluded to having discussed the case with unknown parties and was told that ” the person who authored the letter will come to court and engineer an application for re-excuse’ the court heard.

Mr Issa said that whether merits of the allegations in the dated 25 August 2015 and the complaint to the chief justice the admission by the judge to the effect that he had discussed the file with other parties is violation of the principles of judicial conduct.

He said that the admission itself is a good ground for recusal from the case, saying that the file should be placed before the presiding judge in the division to appoint another judicial officer to determine the commercial disputes between parties.

The tacit admission and the unwarranted attack on the advocate confirms that the the judge cannot impartially determine the subject matter before him, he said.

The lawyer submitted that it not clear whom the judge discussed the file with, is it the applicants, Tatu City, Rofinal company limited, Nashon Nyagah Vimalkumar Depar Shah or their advocates on record.

He questioned why the judge was did discuss the file with third parties when the matter still pending before him.

He says serious allegation have been raised which touches Sh 50 million bribery that changed hands to influence the outcome of the case.
Mr Barron applies that the judge re-excuses himself and the file be forwarded to the presiding judge of commercial and admirably division for re- allocation to another judge
The allegation contained in letter authored by Wilfred Gitonga of Kenyans and Justice and the same has been forwarded to the Chief Justice, Ethic and Anti- Corruption, Director of Public Prosecution, and commission for administrative Justice raises serious allegation over the handling of the commercial dispute.
Mr Barron says that he is apprehensive that there is real like hood of bias and confidence in the judge has been eroded in light of serious allegations raised by Mr Gitonga.
“Justice should not only be done but be seen to be done” he says.
When the mater come for on October 13, points of law will raised as part of the application for disqualification.
Last month Top consulting firm PriceWaterHouseCoopers (PWC) opted out from carrying out investigation into the accounts of Tatu City due to internal wrangle between the local and foreign partners.
Justice Ogola was told by PWC, that battle between foreign shareholders Rendearvour and their local partners Nahashon Nyaga and Vimal Shah have made it difficult for audit to be conducted as ordered by the court.
The firm says that shareholders have declined to execute document to pave way for the audit to commence.
Justice Ogola had ordered for the audit following a standoff between the shareholders on the actual position of loans taken purchase land for the project. PwC says that shareholders have not agreed on the terms of loan.
“The letter of engagement has not been signed by the parties. There appears to be hostility between the parties which may not allow us to proceed.
We are a professional body and some disparaging remarks have been made about PwC by one of the parties. We therefore seek to withdraw from the assignment,” PwC immense the audit, but did not get a go ahead to investigate the accounts.
The judge had given parties up September 23 to file an audit report on the offshore loan accounts, but the same has not been complied with
The court directed the parties to appear before him on October 1 for a hearing.
The audit report was intended to quantify how much money had been borrowed from the offshore financiers since the project started, and what balance is still owed to lenders.
Foreign partners
Stephen Jennings and Hans Jochum Horn had in an application alleged that Mr Nyagah and Mr Shah had good relationship with PwC and that there was likelihood for them to use their closeness to influence the outcome of the audit
The dispute has persisted since February and has slowed down the project. Mr Nyagah and Mr Shah alleged that the foreign partners them removed they manage the project alone

The foreign partners accuse their local partners for breach of contract by transferring land meant for the project.
.Consequently the (CID) has recommended for the arrest and prosecution of Mr Nyagah over an alleged action to defraud real estate of Sh5 billion.
Detectives investigating transactions involving the project’s subsidiaries have concluded that Mr Nyagah used close relatives and associates to irregularly transfer shares worth Sh5.3 billion, and has recommended that he and five others be charged in court.
Mr Nyagah and two city lawyers Nelson Havi and Edward Osundwa have obtained a court order stopping their arrest and prosecution.

ZUBEDI NOW WANTS CBK LAWYER REMOVED.

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Dubai Bank Chairman Hassan Zubedi (center) chats with lawyer Joe Nzyoka (left) for the Banks Employees and Lawyer Maurice Otieno Omuga acting for Richardson and David limited outside a courtroom at Milimani law courts on Monday October 12,2015.
BY SAM ALFAN.
Disgruntled chairman of the collapsed Dubai Bank, Mr Ahmed Zubedi has moved to court seeking the dismissal of Central Bank of Kenya lawyer Ochieng Oduol from the case.
Mr Zubedi cites conflict of interest.
In an application to the high court yesterday, the bank chairman said lawyer Oduol had represented his bank before and therefore would not be objective in the case against his former client.
“Mr Ochieng having occupied a professional position for both the bank and against it should not be allowed to lead or plead for the first respondent or any party in these proceedings,” Mr Zubedi says.
He also claimed that Mr Ochieng had ongoing cases against the bank and therefore should not participate in the case.
“Mr Oduol should recuse himself from acting as lead counsel in this matter because of his interactions with the bank and its employees which led to his access to official, confidential information of the bank,” Mr Zebedi said.
Lawyer Oduol, he said, is involved in related proceedings in other courts among them a criminal case against him over an alleged illegal termination of employment of one Nereah Michael.
Dubai Bank has challenged its liquidation; this is after an audit revealed that the bank has made massive losses back dating to over five years ago.
On Friday, Central Bank of Kenya told Justice Eric Ogola that operations at Dubai Bank were suspect and lacked proper management as required by law.
The court heard that its books of accounts had been manipulated and that actual balances in different bank accounts were inaccurately stated.
According to CBK, the bank’s cash balances were also overstated and its liabilities running above Sh3 billion, had not been indicated in its records.
Dubai bank in addition had a Sh4.16 billion non-performing portfolio and several incidences of parallel banking transactions that were not in the official records of the bank.

“This is not a bank and we will disclose to this court why it is being liquidated,” lawyer Ochieng Oduor, for CBK and Kenya Deposit Insurance Corporation (KDIC) told the court.
The report by CBK also indicates that the bank’s management failed to address high levels of non-performing loans.
Ruling will be made on Friday.

MUTAHI NGUNYI RELEASED ON A CASH BAIL OF 200,000.

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Political analyst Mutahi Ngunyi Milimani law courts after he processed his cash bail to secure his freedom after he was charged with four counts of incitement on Monday October 12,2015..
BY SAM ALFAN.
Political analyst Mutahi Ngunyi has been charged with four counts of ethnic contempt and hate speech.
Ngunyi denied all the charges before the Nairobi Chief Magistrate Daniel Ogembo.
He was ordered to execute personal cash bail of Sh200, 000 and a bond of Sh500, 000 bond which by the time of this publication he had paid and left.
Ngunyi was not taken to Milimani law court basement cells but was detained in a courtroom until he paid his cash bail.
He is accused on the 18 day of August 2015, he published words and caused them to be displayed on the open webpage known as Twitter to wit” RAILA SHOULD BE PUT ON TRIAL.THE JUDGE; POVERTY STRICKENS LUOS” which publication and words were intended to incite feelings of contempt against a community of persons namely the LUO community on the basis of ethnicity”.
Director of public prosecution Keriako Tobiko last week applied to have a judicial review application filed by political analyst Mutahi Ngunyi dismissed.
The DPP through senior director of public prosecution Dr Leonard Maingi, told the court, that no evidence has been audienced by the Ngunyi to demonstrate the violation of his fundamental rights.
He told Justice Joseph Onguto, that it is upon receiving complaint from LSK chief executive officer Apollo Mboya over posted message by Ngunyi, that investigation were commenced and after evaluating the evidence it was established that he had committed an offence.
The court heard that the applicant has not offered evidence that National Cohesion and Integration commission, director of criminal investigation and inspector general o police have fettered their powers.
The application before the court has been over taken by event, saying already summons have been issued for the petitioner to appear in court on Monday to take plea, the judge was told.
” The petition dated October 6 is defective for seeking temporary injunction and even a conservatory order is provided under section 23 (1) of the constitution
The judge will deliver his ruling on Monday 12 morning whether to issue conservatory orders sought by the applicant.
The summonses were issued by Nairobi Chief Magistrate Daniel Ogembo on an application by the DPP.
Ngunyi is to face four counts of having displayed on the open source webpage known as twitter to the effect that “Raila should be put on trial. The judge” Poverty- stricken Luos and Luhya’s craving his bondage charge, selfishness, selfishness, selfishness, the message was posted on 18 August 2015.
The prosecution says that Ngunyi did utter words that ” .The luo’s nation is spell bound by Raila, period that is why they call him Baba like Nyayo, in fact the only Baba after Nyayo, mental slavery, same was posted on 21 August 2015.
According to the charge sheet Ngunyi did post further that ” Are Luo poor no idea they should tell us there poverty stricken Luos yes statistics 82 per cent of the people in Bondo live below poverty line” he said in his twitter account.
Ngunyi has already filed a judicial review application seeking to block his prosecution
Ngunyi through his lawyer Jennifer Shamalla, told the court, that he is so apprehensive that the decision of the DPP might be taken up by the police before he is heard by the court.
The lawyer told the court that in a press statement dated October 5, the DPP ordered his prosecution over statement he posted in his twitter account.
M’s Shamalla urged the court to issue a temporary injunction to restrain, National Cohesion and Integration commission, director of criminal investigation and inspector general of police from arresting him.
The court heard that the decision to charge the applicant goes against the principles of fair administrative action has enshrined in the constitution.
The case will be heard on January 14, 2016.

DPP WANTS MP MWITI TO FACE RAPE CHARGES.

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Imenti Central Member of Parliament Gideon Mwiti with his lawyer Dr John Khamniwa leaving Milimani law courts.
BY SAM ALFAN.
Director of Public Prosecution Keriako Tobiko wants rape case brought against Imenti Central MP Gideon Mwiti to precede full trial and determination is made by the court.
DPP says his office received investigative report from Inspector General of Police Service which was independently reviewed and analyzed thereafter a determination was that there was sufficient evidence to prosecute Mwiti, with offence of rape and intimidation.
“The ongoing criminal proceedings against the petitioner should proceed to their logical conclusion since the conduct of DPP is line within his constitutional mandate” the court heard.
Mr Ashimosi Shitabasi appearing for the DPP told Justice Weldon Korir, that the Mp has been charged before competent court and will have an opportunity to defend himself after evidence has been adduced by the prosecution witnesses.
He said the DPP is empowered by the constitution to direct the inspector general of the national police service to investigate any information or allegation of criminal conduct.
The court heard that the criminal charge against the accused has been conducted fairly contrary to the allegations contained in the petition before the court.
Mr Ashimosi said that the trial before the magistrate’s court has not began, for the petitioner raise suspicion over the manner which case will be conducted
He said that the accused is trying to transfer’s defence from the trial magistrate’s court to high court.
Th judge will deliver judgment on Mwiti’s application seeking to quash the criminal trial on December 3.
Some two weeks ago judge declined to be drawn into a circus involving the MP over a medical report which was published in the media.
The information touched on a complainant alleged to have been raped by the legislator.
Justice Korir, said that the media should ensure that ethical standards are maintained while publishing such stories.
The decision by the judge arose from an application seeking a clarification how a medical report in the case found itself to the media and was widely published before being tabled in court.
The said report, according to lawyer Wilfred Nderitu who represents the victim in the rape case against the MP said it created an impression that the author had accessed the medical records of the victim.
Mr Nderitu told the court upon reading the news item he raised concern seeking an explanation over how the confidential report was accessed and published beforehand.
“The article attempts to determine the criminal case outside the four corners of the judicial proceedings,” he said.
He also alleged that the article may have been written at the behest of “a person interested in the outcome of the case.”
Dr John Khamniwa who represents the MP opposed Mr Nderitus application saying that the constitution guarantees media freedom and dragging the court into press matters “amounts to engaging in extraneous exercise.”
Mr Mwiti’s rape trial was halted due to a petition he lodged in the high court challenging the indictment
Justice Korir stated that the courts cannot be swayed by reports appearing in the media saying the ruling and judgments depend on evidence placed before the courts.
He said being dragged into determining the authenticity and the veracity of the report would mean “holding lengthy proceedings in an attempt to establish sources of information and correctness of the same.”
“In order not to prejudice the party’s rights to take up this matter before the right forum for determination, i will withhold my opinion on the said article” the judge sated.
He said the parties i n the case should rest assured that the decision of the court will not be influenced by anything happening outside the litigation arena.
“For now it is important for this court to focus its attention on the judicial review application

DEL MONTE WINS FIRST ROUND LAND LEASE TUSSLE AGAINST MURANGA AND KIAMBU.

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LAWYER NJOROGE REGERU.-DELMONTE CASE (1)
Lawyer Njoroge Regeru for del Monte company while replying to a preliminary objection application by Kiambu and Murang’a county government challenging the jurisdiction of the constitution court to hear and determine a case challenging the decision declining to extend its land lease to Del Monte Company.
BY SAM ALFAN.
Muranga County and Kiambu County Government has suffered a major blow after high court declined to transfer a suit challenging the two government decision declining to extend its land lease to Del Monte Company.
High court on Friday day ruled it has jurisdiction to hear and determine a case in which Del monte Company Kenya Limited has sued Murang’a county government for declining to extend its land leases.
Justice Joseph Onguto said the Environment and Land Court does not have express powers to exercise supervisory jurisdiction over subordinate, judicial and quasi-judicial tribunals.
“I have come to the conclusion that this court has a jurisdiction.
The substratum and detailed repertory of the constitutional rights alleged to have been violated and how they were violated would lead one to plausible conclusion that the matters do not fall within the exclusive jurisdiction of the Environment and land court and in the circumstances, I dismiss the respondents pleas of forum no convenience” ruled the learned judge.
It was the county government’s contention that jurisdiction in “all matters relating to the environment, use, occupation and title to land” are domiciled in the Environment and Lands Court.
They claimed that the appropriate court is the Environment and Land Court in Nyeri.
Mr Mereka for Muranga County Government submitted that, all matters relating to land including land-related constitutional issues are to be adjudicated upon by the Environment and land Court as anticipated by Article 162(2) of the constitution.
He was supported by Mr Kiugu for Kiambu County who replied in support of the preliminary objection as to jurisdiction adding that the matter is concerning a lease extension and that was the sole remit of Environment and Court has the same status as the high court but their jurisdictions had been isolated by both the constitution and statute.
In his response to their preliminary objection, Mr Regeru for Del Monte Company Kenya limited strongly opposed their application and submitted that the petition raises not only issues touching on infringement and violation of the Del Monte’s right to property as guaranteed under Article 40 but also issue to discrimination under Article 27.
He sought the dismissal of the County government preliminary objection dismissal and the file be placed before chief justice for empanelment of a three judge bench to hear the application.
He said the dispute does not relate to public and private or community land contracts neither does it seek a redress of denial violation or infringement of or threat to rights relating to a clean and healthy
environment.
“There is also no express jurisdiction to deal generally with matter touching on fundamental rights. The Preliminary objection is hereby dismissed,” he said
Through Senior Counsel Regeru, Del monte sued Murang’a county government and Kiambu County Government for declining to extend their land leases in the pineapple plantation farm.
In its court documents filed by Mr Regeru, Del monte says on October 1 2012, it made the requisite applications for extension of the terms of various leases to the relevant local authority in the county of Murang’a and Kiambu where the respective parcels of land are situated.
It says despite observing and complying with the statutory procedure, the two county governments have failed to issue the letters of ‘no objection’ for extension of the leasehold terms.
Instead, the county government of Murang’a as a pre-condition for issuing the letter of no objection ‘requested’ Del monte to demarcate and allocate to them at least 1500 acres along the Thika Kenol Highway for “public use”.
Del monte says the ‘request’ is not only unconstitutional but is also blatantly illegal as the County Government of Murang’a (CGM) has no basis to make such demands on them.
Murang’a County Government (MCG) is however opposed to Delmonte’s land leases being extended citing poor working and living conditions for the workers.
It claimed that the constitutional court where the case has been filed lacks jurisdiction to handle the matter.
It says all matters relating to the environment, use, occupation and title to land are supposed to be heard at the Environmental and Land court and specifically at the High court in
Nyeri.
Del monte engages in the business of growing premium quality foods, fresh and processed pineapples and fruit juice beverages.
It is Kenya’s largest exporter of the above named products and is also a subsidiary of Fresh Del Monte Produce Inc, a company listed on the New York Stock Exchange with a listed value of about 2 billion US Dollars.
The company in its court documents says on October 1 2012, it made the requisite applications for extension of the terms of various leases to the relevant local authority in the county of Murang’a and Kiambu where the respective parcels of land are situate
It says despite observing and complying with the statutory procedure, the two county governments have failed to issue the letters of ‘no objection’ for extension of the leasehold terms.
Instead, the county government of Murang’a as a pre-condition for issuing the letter of no objection ‘requested’ Del monte to demarcate and allocate to them at least 1500 acres along the Thika Kenol Highway for “public use”.
Del monte says the ‘request’ is not only unconstitutional but is also blatantly illegal as the County Government of Murang’a (CGM) has no basis to make such demands on them.
Through Lawyer Njoroge Rigeru, Del monte says the CGM through its officials has threatened its management severally to accede to the illegal and unconstitutional demands made by the said officials otherwise their leases will not be renewed.
“Failure to consider our application for extension of the terms of the leases is unreasonable, unfair and highly inefficient given the cyclical nature of our business, spanning over a period of three and a half years and therefore requiring advance planning,” it says.
It is alleged that the Senator of Murang’a County requested petitioner to donate 200 acres of land for private investors to put up a hospital and university.
Del monte says in 2014, it paid in excess of Shs 528 million as taxes to the Kenyan exchequer. The company has also invested in 8 nursery schools, 3 day care centers as well as 3 primary schools at the villages located within the farm.
It says in total, the pineapple farming cycle takes an average of three and a half years from planting of the first crop to uprooting of the crop and a fallow period before the next crop is planted.
It takes the fruits 18 to 20 months to mature after planting. After the first harvest, the plant produces another fruit 16 to 18 months later. Thereafter the plant is uprooted and the land left fallow for a period of 3 to 6 months.
This is done in order to break the pest cycle.

MUTHAMA AND MOROKO SUMMONED IN COURT OVER HATE REMARKS.

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Machakkos senator Johnstone Muthama and political activist Japhet Muriira Muroko who has been summoned to appear in court on Thursday 15 to answer charges of incitement to violence and disobedience of the law.
BY SAM AL.FAN.
Machakkos senator Johnstone Muthama has been summoned to appear in court on Thursday 15 to answer charges of incitement to violence and disobedience of the law.
This comes after his attempt to stop prosecution was declined by the high court judge Justice Joseph Onguto.
Senior Director of Public Prosecution Dr Leonard Maingi told court that there is sufficient evidence linking the senator to incitement arising from CORD rally that took place at Uhuru Park on 23 September 2015.
He told chief magistrate Daniel Ogembo that the senator will be charged along side political activist Japhet Muriira Muroko.
The prosecution says that the senator at the rally he uttered words.
” Kunzia Wiki Ijayo Kama Walimu Hawatalipwa Hakuna Mtu Ataenda Kufanya Kazi, Na Yule Ataenda Kufanya Kazi Atakula Mawe” From next week if teachers will have not been paid nobody will go to work and whoever goes shall be stoned”
Which words according to the prosecution indicated to bring death and physical injury to innocent Kenyans.
The activist will plead to the charges of having uttered words to effects that.
“We are saying the motion being brought to impeach Uhuru, any member of parliament who votes against it will be lynched:
Justice Onguto while declining to issue conservatory against the two accused persons said that the court cannot issue order until the director of public prosecution, the cabinet secretary for interior and co-ordination of national government and inspector general of police have responded to the application by the senator.
The judge directed the petition be served upon the respondents and the matter be heard tomorrow inter parties for the court to determined whether to issue the conservatory order sought.
The senator through a battery of lawyers led by Dr John Khaminwa, James Orengo and Antony Oluoch, separately in their submissions told the court that their client is being charged with offence of incitement to violence which is contrary to Article 50 (1) of the constitution.
The extent that the charge of alleged incitement to violence under Article 96 (a) purports to shift the burden of proof and takes away presumption of innocence
The court hear that the decision of the DPP is selective and discriminatory that is not based on proper investigation has required by law.
”The utterance made by the petitioner was well within his right as senator and citizen of the Kenya” the court heard.
Muthama he said to have told the crowd at the rally.
” That failure of the government of the day to listen the rising tide of security with the republic”
he further said that
Failure by the government to respect public institution to protect public monies lost through corruption by government officers and refusal by the government to obey judicial orders”
During the rally the senator was heard saying that Waiguru was President Kenyatta ‘s lover that head of state was careless who per-occupied by the cabinet secretary and he should be smoked out state house
All that he senator said the lawyers told the court was within his constitutional rights and freedom of speech.

MUTHAMA CONTESTS BID TO PROSECUTE HIM.

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Lawyer Dr John Khaminwa and Senator James Orengo for Machakos Senator Johnstone Muthama argue an application seeking to stop senators on Thursday October 8,2015.
BY SAM ALFAN.
Embattled Machakos Senator Johnstone Muthama has failed in his bid to secure an order to prohibit his prosecution has recommended by the director of public prosecution KeriakoTobiko, on allegation issuing utterance against President Uhuru Kenyatta and Devolution secretary Ann Waiguru.
The said utterances were made during Cord rally held at Uhuru Park on 23 September 2015
Justice Joseph Onguto, said that the court cannot issue order until the director of public prosecution, the cabinet secretary for interior and co-ordination of national government and inspector general of police have responded to the application by the senator.
The judge directed the petition be served upon the respondents and the matter be heard tomorrow inter parties for the court to determined whether to issue the conservatory order sought.
The senator through a battery of lawyers led by Dr John Khaminwa, James Orengo and Antony Oluoch, separately in their submissions told the court that their client is being charged with offence of incitement to violence which is contrary to Article 50 (1) of the constitution.
The extent that the charge of alleged incitement to violence under Article 96 (a) purports to shift the burden of proof and takes away presumption of innocence
The court hear that the decision of the DPP is selective and discriminatory that is not based on proper investigation has required by law.
”The utterance made by the petitioner was well within his right as senator and citizen of the Kenya” the court heard.
Muthama he said to have told the crowd at the rally.
” That failure of the government of the day to listen the rising tide of security with the republic”
he further said that
Failure by the government to respect public institution to protect public monies lost through corruption by government officers and refusal by the government to obey judicial orders”
During the rally the senator was heard saying that Waiguru was President kenyatta ‘s lover that head of state was careless how per-occupied by the cabinet secretary and he should be smoked out state house
All that he senator said the lawyers told the court was within his constitutional rights and freedom of speech.

The matter to be heard on Friday.

NGUNYI TO KNOW FATE OF HIS ARREST ON MONDAY.

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Political analyst Mutahi Ngunyi who was summons were issued by Nairobi Chief Magistrate Daniel Ogembo on an application by the Director of public prosecution
BY SAM ALFAN.
Director of public prosecution Keriako Tobiko has applied to have a judicial review application filed by political analyst Mutahi Ngunyi dismissed.
The DPP through senior director of public prosecution Dr Leonard Maingi, told the court, that no evidence has been audienced by the Ngunyi to demonstrate the violation of his fundamental rights.
He told Justice Joseph Onguto, that it is upon receiving complaint from LSK chief executive officer Apollo Mboya over posted message by Ngunyi, that investigation were commenced and after evaluating the evidence it was established that he had committed an offence.
The court heard that the applicant has not offered evidence that National Cohesion and Integration commission, director of criminal investigation and inspector general o police have fettered their powers.
The application before the court has been over taken by event, saying already summons have been issued for the petitioner to appear in court on Monday to take plea, the judge was told.
” The petition dated October 6 is defective for seeking temporary injunction and even a conservatory order is provided under section 23 (1) of the constitution
The judge will deliver his ruling on Monday 12 morning whether to issue conservatory orders sought by the applicant
The summons were issued by Nairobi Chief Magistrate Daniel Ogembo on an application by the DPP
Ngunyi is to face four counts of having displayed on the open source webpage known as twitter to the effect that “Raila should be put on trial. The judge” Poverty- stricken Luos and Luhya’s craving his bondage charge, selfishness, selfishness, selfishness, the message was posted on 18 August 2015.
The prosecution says that Ngunyi did utter words that ” .The luo’s nation is spell bound by Raila, period that is why they call him Baba like Nyayo, in fact the only Baba after Nyayo, mental slavery, same was posted on 21 August 2015.
According to the charge sheet Ngunyi did post further that ” Are Luo poor no idea they should tell us there poverty stricken Luos yes statistics 82 per cent of the people in Bondo live below poverty line” he said in his twitter account.
Ngunyi has already filed a judicial review application seeking to block his prosecution
Ngunyi through his lawyer Jennifer Shamalla, told the court, that he is so apprehensive that the decision of the DPP might be taken up by the police before he is heard by the court.
The lawyer told the court that in a press statement dated October 5, the DPP ordered his prosecution over statement he posted in his twitter account.
M’s Shamalla urged the court to issue a temporary injunction to restrain, National Cohesion and Integration commission, director of criminal investigation and inspector general of police from arresting him.
The court heard that the decision to charge the applicant goes against the principles of fair administrative action has enshrined in the constitution.