Blog Page 136

HIGH COURT DECLINES TO DISSOLVE PARLIAMENT.

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APPLICATION TO HAVE PARLIAMENT DISSOLVED (7)Lawyer Edna Arati (centre) leaves Milimani law courts accompanied by political activist Japhet Moroko,(left) and city politician Gitonga Wathanga, after hearing of an application seeking to have the parliament dissolved on the grounds that it have been unable to pass key constitutional bills before the August 27th deadline.
BY SAM ALFAN.
High court has declined to dissolve the parliament and directed the human activist to file and serve the petition to respondent.
Justice Mumbi Ngugi said she cannot issue expartie orders since she has not heard both sides.
Human rights activist wanted the court to dissolve parliament for failing to play it constitutional as it’s enshrined in constitution.
He argues that the decision by the parliament to extend the passing of the key constitutional bills by a year is unlawful.
Moroka want the current parliament dissolved and new parliament elected to allow it to enact the required legislation.
Moroka moved to court on Thursday to contest the decision by Parliament to extend the enactment of 28 Bills by twelve months.
Under a certificate of urgency, Japhet Muroko has accused the August House of unlawfully and procedurally doing so on August 25.
Consequently, the petitioner wants the decision by Parliament declared a nullity and the latter quashed by the High Court.
He has accused Attorney- General Githu Muigai of failing to legally advise the National Assembly that move is unlawful.
Muroko also contends that the A-G has neglected to consult with the Commission for Implementation of the Constitution (CIC) on the issue.
He now wants CIC compelled to prepare fresh bills in accordance to the 5th Schedule and Article 262 of the Constitution.
The activist insists that Article 261(1) does not allow Parliament to change titles of the Bills and ought to pass all legislation as specified without amending the Chapters.
And according to the petitioner, the current Parliament should be dissolved in accordance to Article 261(7) and a new Parliament allowed enacting the required legislation under article 261(8).
“ The High Court should declare that the National Assembly failed to enact all legislation as enumerated in the 5th schedule and in accordance to Article 261(1) and should therefore be dissolved forthwith,’’ he states.
He claims that the purported extended 28 Bills published by Commission for the Implementation of the Constitution and Parliament are not amongst the Bills enumerated in the 5th Schedule.
“The 28 bills extended by Parliament on the August 25 2015 are conspicuously missing in the 5th schedule,’’ Muroko claims.
Further, the petitioner wants CIC to furnish the High Court with all the Bills it timely prepared and forwarded for deliberation, reading and passing by the National Assembly.
In addition, he wants the provincial administration dissolved to enable Article 262(17) take effect under the constitution.
“District commissioners, division officers, chiefs and sub chiefs are stopped from conducting the functions not listed in the constitution,’’ he adds.
The matter is set to be heard on 8 of September for interparty.

COURT EXTENDS ORDERS AGAINST SACKING OF GARISSA COUNTY OFFICERS.

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hThe three Garissa County Executive officer from left to right: Idriss Muktar incharge of Trade docket, Muktar Burale (water) and Salah Yakub (Environment and Energy) who obtained orders restraining their sacking.
BY SAM ALFAN.
The embattled Garissa County Government governor Nathif Jama has suffered another major blow after the Employment and Labour Relations in Nairobi declined to vacate orders restraining him from sacking three county executive officers serving under his government.
Governor’s lawyer Ahmednasir Abdullahi made unsuccessful application seeking to vacate orders issued against the governor, arguing that the governor has powers to appoint and sack the county executive officers in his government.
Ahmednasir requested for clarification and subsequent vacation of the court order issued by Justice Wa makau.
However the vacation judge, lady justice Monica Mbaru extended the orders pending the hearing set for 21 September,Stating he should wait for 21st for argument and raiding of concerns.
The Employment and Labour Relations Court had earlier extended orders issued against Garissa County Government challenging court orders that called for their sacking from the County Executive officers..
“The order issued by Justice Nzioka Makau on 31 July preserving status quo ante be and hereby extended” said Justice Linette
Justice Linette Ndolo warned the county government against violating court orders issued against them.
Three Garissa County Executive Members through a lawyer Charles Kanjama filed an appeal challenging court orders that called for their sacking from the County Assembly.
Idris Aden Mukhtar, Mukhtar Bulale and Salah Yakub Falah filed the appeal seeking the reinstatement of interim orders issued by Employment and Labour relations Judge Nzioka Makau.
Justice Makau’s orders were set aside on July 27 by a ruling issued by Justice Hellen Wasilwa who said that three could not continue working for their employer, the County Government of Garissa, if there lacked an existing working relationship.
The three also want the Garissa Governor Nathif Jama ordered to appear in court to show because why he should not be cited for contempt and committed to prison for disobeying orders issued on July 27.
Mukhtar, Bulale and Falah also want any orders given to the Garissa Governor to restructure his ministries stayed until the appeal is heard and determined.
The three lost a bid to keep their jobs after the Employment and Labour Relations Court threw out orders reinstating them, a ruling they are now challenging in court.
They were dismissed from office in May this year but were later reinstated after the court ordered so.
Justice Wasilwa agreed with submissions tabled by the Jama led County Government stating that reinstating the three amounts to forcing an employee on an employer.
The County Government through lawyer Steven Mogaka challenged the orders issued reinstating the three arguing that they were issued exparte and the County did not get an opportunity to defend their stand.
The orders issued, Mogaka said, should not have been awarded at that stage without the court having listened to both sides.
“The court ought to have given the county government an opportunity to present its case against the three,” the lawyer said.
Mogaka told the court that the County had not acted in any malice when it made its decision to terminate the employment of the three.
He told the court that Muhktar and Falah were fired after they failed to satisfactorily explain a trip they took to Israel and Italy without authorization from the county.
Buale on the other hand, the court had heard, was fired for failing to explain the delay in establishing a water project proposed by the County.
Delay in commencing work on the water project, he said, is posing a health risk to the residents who are now forced to take muddy water.
He maintained that the court erred in issuing the orders before having listened to submissions from both parties in the matter.
” Reinstatement of an employee is a substantive remedy not temporary relief the law does not contemplate that reinstatement issues as a provisional measure it’s a remedy that should normally be granted upon the full hearing of the employer and employee ‘s case “he submitted.
Before the three were sacked, Mogaka said, they were accorded an opportunity to defend their actions and counter the allegations against them, which they failed to do.
“The county government has since restructured its ministries by reducing them from eleven to seven in a move aimed at reducing expenditures on the county finance,” he said emphasizing that the three have no position in the County Government.
The public, he further stated, have also been informed of the changed after a press statement was sent notifying of the changes.
The County, he said, has appointed Hajir Mohamed Dahiye, Mohamed Aden Noor, Abdihakim Sheikh Dayb, Halima Mohammed Haji, Ahmed Aden and Hubi Hussein as County Executives in charge of Agriculture, Water, Finance, Sports, Transport and Health respectively.
The matters to be heard on September 21 for inter parties and further directions.

MUSLIMS PROTEST THE KILLING OF THEIR SONS.

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ahmdnasir.SeniorCounselAhmednasir Abdullahi representing families of the victims of extrajudicial killings of Muslim men in Kenya.

BY THOMAS KARIUKI

Religious leaders have condemned ongoing killing of Muslim men which they are certain are “officially authorized at the highest levels as part of a government policy to kill”

On his official twitter page, Senior Counsel Ahmednasir Abdullahi representing families of the victims says that extrajudicial killings of Muslim men in Kenya has now met the test of crimes against humanity. “Bensouda must open preliminary investigation.”

He also claimed that a senior retired police officer during the Kibaki government has been appointed by the present rule as head of a special unit in charge of extrajudicial killings of Muslims.

“On behalf of Muslim leaders, cleric and civil society, I have instructions to serve 21 days notice to the DPP (director of public prosecution) to prosecute 12 top officials of the GOK (government of Kenya)” he said.

The lawyer also warned that failure of the DPP to act, his clients would petition the prosecutor of the international criminal court, ICC to investigate the matter.

Similarly, lawyer Ahmednasir claimed that an alleged government policy of extrajudicial killings of Muslims target a specific ethnic/religion.

Demonstrating the gravity of the alleged executions, lawyer Paul Mwangi commented on the post saying that the continued disappearance of Muslims in Kenya is an international crime against humanity.

He went on to quote an international declaration on the protection of all persons from enforced disappearance adopted by the General Assembly of the United Nations in its resolution 47/133 of December 18 1992.

According to the resolution, no one shall be subjected to enforced disappearance and no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency may be invoked as a jurisdiction for forced disappearance.

Speaking at Mombasa where he met security agencies, Internal Security Cabinet Secretary Joseph Nkaissery cautioned that the killings and mysterious disappearance of terror suspects and Al-Shabaab returnees must stop.

The CS also instructed investigators to probe allegations by scores of families living at the coast that police officers could be behind the acts.

A fortnight ago, Kaya elders voiced their frustration claiming that over 50 youths suspected to be members of the Mombasa republican council, MRC had gone missing.

The elders believed that the government had a hand in the disappearance pleading for the whereabouts of their missing youths.

While responding to the accusations leveled against officers, CS Nkaissery told security agencies that they are deployed to provide security to the citizens, “that is their cardinal responsibility, not to make them disappear.”

CS Nkaissery also extended the amnesty period for returnees stating that the government had made substantial success calling on others to come home.

“I informed the security team that we should welcome them, the issue of harassment, I have given instructions that the youth who surrender should be give warm reception and we debrief them,” the CS said.

During the visit, CS Nkaissery also gave a clean bill of health to two NGOs Muhuri and Haki Africa which had been blacklisted by the government on allegations that they were funding and aiding terrorists.

Lawyer Mwangi while quoting the declaration said, “For the purpose of this convention, enforced disappearance is considered to be the arrest, detention, abduction or any other form of deprivation of liberty by agents of the state or by persons or groups of persons acting with authorization, support or acquiescence of the state, followed by refusal to acknowledge the deprivation of liberty or the concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law.”

The declaration also states that no order or instruction from any public authority, civilian, military or other may be invoked to justify an offence of enforced disappearance.

Lawyer Mwangi also reminded the alleged perpetrators that any person who commits, orders, solicits or induces the commission of, attempts to commit is an accomplice to or participates in an enforced disappearance.

DP RUTO AND GOVERNOR ISAAC RUTO ENGAGE IN BITTER EXCHANGE AT A FUNDRAISING.

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ruto-picDeputy President William Ruto and Bomet Governor Isaac Ruto engaged in a public war of words at fundraising in aid of women groups on Saturday.

BY SAM ALFAN.

The rivalry in the South rift pitting deputy President William Ruto  and Bomet governor Isaac Ruto turned  into public outrage.                This after the Bomet governor lost his temper after he was heckled as he made his speech during a fundraiser attended by the deputy President.

Bomet governor then threatened to call off the meeting  making the crowd even more hostile with the DP dismissing the governor’s threats.

Governor Ruto is facing  stiff opposition from the deputy president’s  allies majority of them MPs who want to oust the governor in the 2017 general election for standing up against the deputy president leadership in the region.

Senator Wilfred Lessan was also booed by the public who demanded to know why he deserted them after the election.

He was forced to cut short his speech and resume his seat as Bomet Central MP Ronald Tonui who was the master of ceremony laughed it off telling the senator that he was paying the price of not bringing his supporters to the meeting.

Bomet DC Benard Leparmarai and the police had a hard time restraining the public from moving to the dais.

“In your absence, MPs have been going round insulting me and publicly stating that they have your blessings to do so,” Mr Ruto said.

“Unless you stop the MPs from insulting us, the political rift in Rift Valley will widen before the next general election and threaten the unity of the Kalenjin community,” he added.

Amidst shouts from the public the governor said, “If these hecklers cannot be stopped.we can bring this meeting to an abrupt end… we can lead people out of this meeting if the nonsense continues,” the governor said at the fundraiser in aid of Joyful Women Organisation (Joywo) whose patron is the DP’s wife Rachel Ruto.

The governor also criticised the government over the resettlement of Mau evictees.

“It is sad that while IDPs were awarded Sh450,000, Mau evictees are still languishing in camps with the government promising them Sh150,000,” Ruto said.

When it came to the DP’s turn to address the public, he accused Mr Ruto of dividing the Kalenjins.

“You can’t threaten us that you will bring this meeting to an end. This is my meeting and you should stop engaging in rhetorical politics,” Ruto said.

He said, “This is my turf and I can’t be threatened. The mentality of dividing the people is primitive and backward.

“All of us were elected by the people and none of us is in an elective position by default,” the DP said.

“I have heard people talking about not knowing who between the two Rutos will be elected President. Is it not clear that there is a difference between Isaac and William?” The DP wondered.

Deputy President also defended the government on the Mau evictees’ issue.

“You can’t lecturer us on how to resettle the evictees for President Uhuru Kenyatta and I know what we are doing.

“Nothing will deter us from moving forward and delivering what we promised the people in the campaigns ahead of the last general election,” said the DP.

The DP also waded into the controversial issue of the proposed Bomet University College to be built by Moi University saying a technical training institute in the heart of Bomet Town would be converted into a university.

He said five technical training institutes had been earmarked for construction in Bomet East, Konoin, Sotik, Chapalungu and Bomet Central.

“Modern medical equipment to the tune of Sh425 million will be delivered to Longisa County Referral Hospital and another batch worth Sh380 million will be given to Ndanai Health Centre,” DP Ruto said.

AUSTRALIAN JOURNALIST WANT ALJ-JAZEERA JOURNALIST JAILED IN EGYPT RELEASED.

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Mideast-Egypt-Al-Jaze_Horo-635x357 Australian Al-Jazeera reporter Peter Greste Sunday called on Egyptian President Abdel Fattah al-Sissi to pardon him and two colleagues handed three-year prison sentences, describing the Saturday court decision as “politically motivated”.

Greste, Canadian Mohamed Fahmy and Egyptian producer Baher Mohamed were sentenced for broadcasting “false” news that harmed Egypt in a retrial on Saturday, with the shock ruling by the Cairo court drawing international criticism.

“In the absence of any evidence of wrongdoing, the only conclusion that we can come to is that this verdict was politically motivated,” Greste, who was tried in absentia after being deported early this year, said in Sydney.

“President Sissi now has an opportunity to undo that injustice, to correct that injustice. The eyes of the world are on Egypt.

“It is now up to President Sissi to do what he said he would do from the outset and that is pardon us if we were ever convicted.”

The three journalists were sentenced to between seven and 10 years in jail last year, but an appeals court in January granted them a retrial, saying the verdict had not been backed by evidence.

They were arrested in December 2013, months after the military overthrew Islamist president Mohamed Morsi and launched a deadly crackdown on his supporters.

The case has become an embarrassment for Sissi, who has said he wished the reporters had been deported rather than put on trial.

Greste vowed to use “every legal, political, diplomatic and social means” to fight Saturday’s verdict, which saw Fahmy and Mohamed — who were in court after being released on bail — taken into custody.

“We will continue to fight this using every available means open to us,” he said.

“This is about what this means for due process in Egypt. It’s about what it means for the rule of law in Egypt. It is also about what it means about freedom of the press and democracy in Egypt.”

Australian Foreign Minister Julie Bishop said her government would “do all that we can do help him clear his name,” referring to Greste.

“He’s not in Egypt so that could limit the legal processes that he can undertake,” Bishop told commercial broadcaster Channel Seven on Sunday.

“But most certainly, there is available a presidential pardon, and we made numerous representations to President al-Sissi in the lead-up to the appeal, in relation to the first trial, and now the retrial.”

EGYPT COURT SENTENCES JOURNALISTS FOR THREE YEARS IMPRISONMENT.

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jazeera_3423118eAl-Jazeera English producer Baher Mohamed, left, Canadian-Egyptian acting Cairo bureau chief Mohammed Fahmy, centre, and correspondent Peter Greste at a court hearing in 2014 Picture: AP Photo/Heba Elkholy, By Agencies. Amal Clooney was in court to defend Canadian journalist Mohamed Fahmy and was to meet officials to press for his pardon An Egyptian court on Saturday sentenced three Al-Jazeera English journalists to three years in prison, the last twist in a long-running trial criticised worldwide by press freedom advocates and human rights activists. Amal Clooney was in court to defend Mohammed Fahmy, a Canadian national, and was later due to meet government officials to ask for his pardon and deportation. Fahmy, who was released on bail at the start of the retrial in February along with Egyptian producer Baher Mohammed, said on Friday night that it was a “politicised trial” from day one. “If justice is to be served we should be acquitted as impartial journalists,” he added, The case against Fahmy, Mohammed and Australian journalist Peter Greste embroiled their journalism into the wider conflict between Egypt and Qatar following the 2013 military ouster of Islamist President Mohammed Morsi. Mohammed Fahmy was defended by Amal Clooney  Hassan Ammar/AP ADVERTISEMENT It wasn’t immediately clear how the sentence would affect the three men. Greste, deported in February, spoke to Al-Jazeera from Sydney and criticised the verdict. Mostefa Souag, Al-Jazeera English acting director-general, also criticised the verdict, saying it “‘defies logic and common sense.” “The whole case has been heavily politicised and has not been conducted in a free and fair manner,” Souag said in a statement. “There is no evidence proving that our colleagues in any way fabricated news or aided and abetted terrorist organisations and at no point during the long drawn out retrial did any of the unfounded allegations stand up to scrutiny.” The case began in December 2013, when Egyptian security forces raided the upscale hotel suite used by Al-Jazeera at the time to report from Egypt. Authorities arrested Fahmy, Greste and Mohammed, later charging them with allegedly being part of Mr Morsi’s Muslim Brotherhood, which authorities have declared a terrorist organisation, and airing falsified footage intended to damage national security. Since Mr Morsi’s ouster, Egypt has cracked down heavily on his supporters, and the journalists were accused of being mouthpieces for the Brotherhood. Al-Jazeera and the journalists have denied the allegations, saying they were simply reporting the news. However, Doha has been a strong supporter of the Brotherhood and other Islamist groups in the greater Mideast. At trial, prosecutors used news clips about an animal hospital with donkeys and horses, and another about Christian life in Egypt, as evidence they broke the law. Defense lawyers – and even the judge – dismissed the videos as irrelevant. Nonetheless, the three men were convicted on June 23, 2014, with Greste and Fahmy sentenced to seven years in prison and Mohammed to 10 years. The verdict brought a landslide of international condemnation and calls for newly elected President Abdelfattah el-Sisi, who as military chief led the overthrow of Mr Morsi, to intervene. Egypt’s Court of Cassation, the country’s highest appeals court, later ordered their retrial, saying the initial proceedings were marred by violations of the defendants’ rights. Egypt deported Greste in February, though he remained charged in the case. Fahmy and Mohammed were later released on bail. Fahmy was asked to give up his Egyptian nationality by Egyptian officials in order to qualify for deportation. It’s not clear why he was deported, though Fahmy said he thinks Canada could have pressed Cairo harder on the matter. Angered by Al-Jazeera’s handling of the case, Fahmy has filed a lawsuit in Canada seeking $100 million from the broadcaster, saying that it put the story ahead of employee safety and used its Arabic-language channels to advocate for the Brotherhood. Al-Jazeera has said Fahmy should seek compensation from Egypt.

TNA SUSPENDS NOMINATED SENATOR GWENDO PARKING.

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Nominated Senator Joy Gwendo who has been found guilty for disrespecting the party by the National Alliance (TNA).

BY SAM ALFAN.

The National Alliance (TNA) has found nominated Senator Joy Gwendo guilty of disrespecting the party and therefore decided to suspend her with immediate effect.

President Kenyatta’s party National Disciplinary Committee (NDC) had summoned senator Gwendo, Moses Kuria (Gatundu South MP) and Priscilla Nyokabi (Nyeri County MP) over their conduct in regards to the party’s philosophies and affiliations.

Mr Kuria is charged with incitement, hate speech and causing ethnic contempt in Facebook messages allegedly posted on May 16.

Gwendo now risks expulsion should the National Oversight Board find her guilty of allegations leveled against her.

The axe has fallen on Senator Gwendo as Nyokabi was set free for lack of evidence. Kuria’s fate hangs in the balance.

According to the committee’s ruling, signed by five members including Deputy Chair Washington Makodingo, the senator was de-whipped from all Senate committees and suspended from the party henceforth.

“The charged member (senator) is recommended to the National Oversight Board for expulsion from the party pursuant to Articles 4 (9) (b) and 32 (3) of the TNA constitution,” said the NDC ruling.

Johnston Sakaja (nominated), who is also the party chairman, lodged a complaint with the committee, questioning the conduct of Gwendo, which has brought the name of the party and the office she holds into disrepute contrary to Article 3 and 4 of the party’s constitution.

“The senator has been disrespectful to the Kisumu Branch, an organ of the party, contravening Article 32 (5) of the party’s law,” stated the committee.

The charges also censure Gwendo for advancing the ideologies of other parties.

“The charged member has actively supported the agenda of the opposition both within and outside Parliament contrary to Article 4 (8) (b) of the party’s constitution,” reads part of the charges.

But in a quick rejoinder, Senator Gwendo turned to her social media page and faulted the committee’s decision, expressing her disappointment and claims that she supports ODM.

“I am extremely disappointed with the ruling. The NDC did not give us the particulars of the charge and deliberately delayed judgment to hamper our appeal,” said Gwendo.

“This is a political decision reeking of tribal, gender and sectorial harassment, which must not be allowed to stand in the modern Kenya. I shall stand strong and resist ill-timed attempts to push me out of a party that I have clearly worked hard for and which I believe in.”

She questioned the committee, which has recommended for her expulsion and vowed that the efforts of mercenaries will come to naught and threatened to challenge the decision in court.

“I have instructed my battery of lawyers to take up this matter to ensure justice is done. Justice will and must be done,” Gwendo said.

Makodingo had indicated that the disciplinary measures that will be taken against the legislators, if found culpable, will include expulsion, suspension, removal from parliamentary committees or even payment of fines.

He said they may also be compelled to issue public apologies where it applies.

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SACKING OF UHURU SEC PRINCIPAL STOPPED (1)                                                                       N Lawyer John Swaka leave Milimani law courts after he obtained orders restraining city county director of education from sacking the principal of Uhuru secondary school principal Andrew Obanga on Friday  18 August,2015..

BY SAM ALFAN.

Nairobi City County Director of Education has been restrained from sacking a secondary school principal in the county.

Justice George Odunga issued the orders halting the Director from removing Andrew O. Obanga as the principal of Uhuru Secondary School and replacing him with his deputy

 The restraining order will remain in place pending hearing and determination of the suit.

 School’s Board of management through lawyer John Swaka filed the application, saying that the Director has overstepped his mandate by verbally firing Obanga and replacing him with his deputy Duncan Juma.

Lawyer told the court that the director’s action to remove Mr Obanga from his position and replacing him with his deputy will destabilize and paralyze the smooth learning at the school

 The move the court heard was done arbitrary, unfair and contrary to the law.

 Mr Sakwa told the court that the board it was apprehensive the illegal removal of the principal will paralyze learning in the institution and may lead to students’ unrest when school reopens next week.

“The institution stands to suffer irreparable loss if the decision to remove the principal is upheld more so because he was overseeing the resolution of a land dispute involving an 18 acre piece of land belonging to the school”.

According to the board, powers to fire and hire is bestowed on the Teachers Service Commission Under the constitution.

The judge directed that the matter be heard on September 3

ARREST WARRANT AGAINST NAROK GAME WARDERS LIFTED.

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ARREST WARRANT ON NAROK WARDENS LIFTED (1)

Two Narok county government Wildlife Services wardens Moses Kuiyoni (right) and Samuel Kishoyan, at Milimani law courts where they appeared before senior principal Magistrate Martha Mutuku after the court had issued arrest warrants in relation to the shooting of demonstrator issued on June 30th.The court lifted the warrant pending taking of plea on Wednesday next week on Friday 18 August, 2015.

BY SAM ALFAN.

Nairobi court has lifted a warrant of arrest against two Game warders linked with the shooting dead of a protester during demonstration against the Narok County Governor seven months ago.

Senior principal magistrate Martha Mutuku said that arrest warrant issued against Moses Kuiyoni and Samwel Kishoyan , but directed that they appear before  Capitol Hill police station on Monday 31 for purposes of recording statements.

The two suspects through their lawyer Okongo Omogeni they told the court that they have presented themselves to court after running that a warrant of arrest had been issued.

Omogeni told trial magistrate, that it’s in good faith that the suspects have appeared in court and its upon the court to exercise its discretion and lift the warrant.

The court directed that the matter be mentioned on September 2 .

Last month while releasing  Narok Senator Stephen Ole Ntutu and four MPs who are under investigations over chaotic demonstrations late January 2015 warned them to desist from taking part in any demonstration.

Earlier the DPP dropped incitement to violence charges against Senator  Ntutu and four  MPs Johana Ngeno (EmurwaDikir), Moitalel Kenta (Narok North), Korei Lemein (Narok South) and Patrick Ntutu (Narok West).

The five were discharged after the DPP found no evidence to prosecute them.

The DPP urged the court to release the five suspects on bond saying he had received information that chaos had erupted in Narok the same morning as residents protested the arrest of the politicians.

During the protests, one person was injured while businesses remained closed as angry youths barricaded roads leading to Narok Town.

EMBATTLED PASTOR NG’ANG’A ACCOUNT FROZEN.

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EmbattledpreacherofNeno Evangelism pastor James Ng’ang’a before the Limuru court.                                                             BY SAM ALFAN.                                            Its another trouble for embattled preacher of Neno Evangelism James Ng’ang’a after the city businessman slapped him with another suit. This is after High Court froze the accounts of the embattled preacher after businessman Geoffrey Ndung’u sued the Evangelist, accusing him of swindling him of Sh2.3 million.

According to documents filed in court, Ndung’u says he moved the funds from his account to one of Neno’s in April of 2012 after receiving prayers from Ng’ang’a for mental problems.

Ndung’u says he was on medication for a psychotic break when he transferred the funds and was therefore not in his right mind.

He says efforts by himself and his family to have the funds returned to them have borne no fruit, leading to the suit.

In his replying affidavit, Ng’ang’a denied any knowledge of the funds being transferred into his church’s account but argues that in the event they were, it was received as a gift and gifts are not refundable.

“If such money was deposited in the church’s account, it was deposited without coercion, inducement and was an absolute gift,” the affidavit reads.

The case is slated for mention on September 22.

Ng’ang’a has in the past few weeks made headlines after being accused of causing the death of Mercy Njeri by dangerous driving.

He is out on a Sh500,000 cash bail and on Wednesday got some form of reprieve when the court refused to order a DNA sample from him.
He has challenged the charge and the associated charges of conspiring to defeat justice and providing false information to a public officer in the High Court.

It’s alleged that on July 26, while driving a Range Rover, he collided with a car which Njeri was driving.

He has also been charged with fleeing the scene of the accident.

On August 20, Ng’ang’a formally denied the charges before Senior Resident Magistrate Timothy ole Tanchu at the Limuru Law Courts.
The State counsel had sought to have Ng’ang’a compelled to undergo DNA testing in a bid to match a blood sample taken from the driver’s seat of the Range Rover to him.

Ng’ang’a has denied being behind the wheel of the car when the accident occurred.