Blog Page 147




Garissa University College terror attack suspects Mohamed Surow, Osman Dakane, Mohamed Abikar, Hassan Aden and Sahal Hussein at Milimani Law Courts


Security lights at Garissa University were off for many hours before the terrorist attack, court has been told.

Collins Waliula a university student leader at the time told the court that on the fateful day they were from a trip at Moi University with his 10 colleagues when they arrived at the campus at 1 am they found the campus in darkness.

“We reached at the university at the gate and found that security were off which was unusual. Due to the fact that we were tired we did not bother to know why lights were off we straight went to sleep,” Waliula told Milimani Chief Magistrate Daniel Ogembo.

Waliula who was the first witness to testify recounted how they were awoken by gunshots at 5am and he and his roommate opted to remain in their room. He was testifying in the case in which five suspects are accused of being behind Garissa University College terror attack in which 149 people died.

The suspects are Mohamed Ali Abdikar, Hassan Aden Hassan, Sahal Diriye, Osman Abdi and Rashid Charles, a Tanzanian, who have since denied 162 counts of terrorism.

“The gunshots were renting the air and I heard my colleagues running up and down in the hostels. At first we it was an ordinary robbery but the situation degenerated into something serious as the shooting continued for long,” Waliula testified.

Waliula also recalled that the President of the Student Council Kumba Laban and five of his close colleagues were victims of the attack that claimed

Waliula said while hiding in his room he overheard one the attackers shout in Swahili ‘there are others who are jumping through the fence shoot them on their legs’. Waliula further claimed that the attackers were likely to be locals as he overheard them calling some students who were killed by name.

He said he tried to peep through the window of his room but could manage to see the terrorists until 8am when he was rescued by KDF soldiers who at the time struggling to counter the attackers.

“I came out of my room and ran to where the KDF amid more gunshots and that is how I managed to escape and run to where there were KDF soldiers who later escorted me to their camp in Garissa Town,” he said.

However defence lawyers Steve Mogaka and Mbugua Mureithi sought to know from the witness about the security situation at the university prior to the attack. “To the best of your knowledge how was the college manned on a day to day basis,” Mogaka asked.

The witness said the gate was manned by two guards while two policemen officers were attached to patrol the campus throughout the day and night. He also said there was no procedure of entering the university





Former Nairobi County chief finance officer Jimmy Kiamba during his trial other city hall officials at Milimani law courts.


The trial of suspended Nairobi County chief finance officer Jimmy Kiamba and county secretary Lilian Ndegwa over alleged embezzlement of Sh17.9million kicked off at Anti-Corruption Court.

During the Monday hearing one of Ethics and Anti-Corruption Commission (EACC) investigating officer K.Mwangi identified some documents he retrieved from the office of Kiamba which contain instructions from him (Kiamba and Ndegwa) directing a Co-operative Bank manager at the city hall to pay some beneficiaries some Sh 700,000 for non-work done.

The witness told the trial magistrate Kennedy Biali that he was among a team of investigators who searched the office of Kiamba after receiving intelligent report over the alleged corruption at the
Nairobi County Government.

He said that during the search, they found some file in the shelve of Kiamba office. Mwangi said they retrieved some documents which contained some invoices with instructions to the manager at the
Co-operative Bannk at city hall which Kiamba was instructing the manager to pay some individuals beneficiaries money raging from Sh 700,000 to Sh 750,000.

The officer told the court that he found that there were irregularities in the procurement.

Kiamba and Ndegwa who have been charged with three other City Hall officials, have denied that they conspired to steal the cash through the false purchase of window blinds for the office of the chief
finance officer.

On September 15, 2015 the case hit a snag after defence lawyers claimed they had not been supplied with contract documents that the prosecution was using to argue its case.

Another witness Solomon Okello, the head of supply chain, who had earlier testified in the case, had initially linked the officials to a raft of irregularities in the procurement of the window blinds.

He said that they single-sourced the tender and went out of their way to award the supply contract to an undeserving entity.

“An open tender is preferred, the user department initiates the procurement, which is later approved by the chief finance officer for the department,” he said, adding that some documents were altered,
stamped by the county secretary and returned to the chief finance officer for approval.

“The witness presented a memo indicating that authority to incur expenditure for the purchase of window blinds had been approved.

It stated that the need had been occasioned by ongoing construction work taking place by his office,” Mr Okello said.

Prosecutor Mercy Gateru then led the witness through an 800-page document on procurement and subsequent withdrawal of Sh17, 902,728 from City Hall’s bank account.

However, defence lawyers complained that the prosecution had not supplied them with some of the documents and audit reports that the witness had referred to; arguing that cross-examining him would be “an exercise in futility.”

But Ms Gateru said it was a calculated move to have the trial delayed.

“The documents generated in respect to the transaction forming the basis of this case were exchanged in April. Moreover, the witness has testified on documents that speak for themselves,” she said while
objecting to the request for adjournment.

She said the lawyers were deliberately attempting to cause a further delay of the trial, having done so twice when the case was to be heard on June 23 and in August.

The prosecutor said she was also apprehensive that the documents the defence team was demanding “may not be existing” and that the witness had only commented based on what had been made available to him.






Former Kitui Central members of parliament Ngala Mwendwa,Titus Mbathi ,John Mutinda,George Ndoto,suspend land cabinet secretary Charity Ngilu and sitting Member of Parliament Makali Mulu posing for a group photo at Ngala’s home.(file photo)


Members of parliament continues to pile pressure against Devolution Cabinet Secretary Anne Waiguru to step aside and pave way for investigations into endless corruption deals centered on her ministry.

Kitui Central Member of Parliament Makali Mulu has called on President Uhuru Kenyatta to crack the whip on the CS.

“Kenyans are concerned with what is going on in the ministry of devolution and the president must ask Ms Anne Waiguru to leave office so that in-depth investigations can be conducted,” he said yesterday.

He said the fact that the CS has admitted that Sh.791 million was lost in National Youth Service supply contracts besides the outrageous misappropriation of public funds in the devolution ministry reported by the media in the past week was reason enough for the president to suspend CS

“The kind of procurement deals within the ministry of devolution that the National Assembly Public Accounts Committee exposed last week is sickening.

“How can someone remain in office when a single pen was purchased for Sh. 8,700 under their watch?” wondered the MP.

According to Mr Mulu, President Kenyatta has in the recent past clearly stated and admitted that corruption in this country starts in his office and trickles down to almost all his ministers.

He blamed the president for failing to address corruption with the seriousness it deserves and for remaining silent even when the deep-rooted vice continues to sink the country.

“Corruption is fast plunging this country into a dark pit and it is high time the president accepted the challenge. He has a cardinal duty and the power to protect Kenya from ‘thieves’,” he maintained.

The MP added that Kenyans are concerned with telltale signs that President Uhuru might be protecting individuals connected with corruption when the law is clear that no citizen should receive special treatment regardless of their position.

“We have seen CSs Charity Ngilu (Lands), Kazungu Kambi (Labour), Michael Kamau (Transport), Davis Chirchir (Energy) and Felx Koskei (Agriculture) suspended for suspected involvement in corrupt deals and so should CS Anne Waiguru,” emphasized the legislator.

He added: “I can’t understand what is so special about Ms Waiguru that makes her untouchable. She should honorably step aside to be investigated if she has nothing to hide. She can resume duty once her name is cleared.”

He expressed discontent in CS Anne Waiguru’s adamance to step aside for independent and thorough investigations, a move he termed as “blatant disrespect to patriotic Kenyans since courtesy demands that everyone must take responsibility for own actions”.

Moreover, the parliamentarian said he supported Nandi Hills MP Alfred Keter’s motion to impeach Ms Waiguru and that he will endorse it once it makes it to the National Assembly.

MP Makali Mulu was addressing the press at mutulukuni secondary school where he commissioned a Sh. 1.5 million CDF-funded kitchen-dining hall as part of numerous development projects his office has undertaken to improve the lives of Kitui Central constituents.

He indicated that public funds must be accountably spend on projects that transform the lives of Kenyans but moaned that widespread corruption, especially among top government officers, has impeded national progress.

He urged the national and county governments to enforce prudent expenditure of public funds in order to benefit the taxpayers and improve Kenya’s economy.





Lawyer Danson Mungatana for Gatundu South Member of Parliament Moses Kuria who is seeking orders to compel Safaricom Kenya Limited to provide phone records of the law society of Kenya Chief Executive Officer Apollo Mboya at Milimani law courts on Friday November 6,2015.


Director of Public Prosecution Keriako Tobiko has opposed an application by Gatundu South Member of Parliament Moses Kuria seeking court orders to compel Safaricom Kenya Limited to provide phone
records of the law society of Kenya Chief Executive Officer Apollo Mboya.

In his grounds of opposition filed in court, the DPP says court cannot issues mandatory injunction to the giant telecommunication company Safaricom since it’s not a party to the present suit or application.

Through Senior Director of public prosecution Leonard Maingi, he claims court has no jurisdiction to
grant orders sought in Kuria’s application through his lawyer Danson Mungatana.

He further submitted orders sought infringes the right to privacy of information of PW1 (Apollo Mboya) guaranteed under Article 3(C) of the constitution. DPP claims the application was brought in bad faith and seeks to embarrass Apollo Mboya and material sought by the accused will not assist the court.

“The orders sought infringe the right of privacy of communication of PW 1Apollo Mboya guaranteed under Article 31(d) of the constitution” said Mr Maingi.

While responding to DPP ground of opposition, lawyer Danson Mungatana told the court that, it’s the right of the accused to challenge any evidence by the prosecution. “It’s the right of the accused person to challenge any evidence produced by the prosecution and we want the record of Mr Mboya to challenge his evidence on oath before this court” Said Mr Mungatana.

He also trashed DPP statement that court has no powers to compel Safaricom to produce phone records of Apollo Mboya of a specific date and hour  which they intend to prove he misled the court
when he said he received calls complains about Kuria’s post.

“We are seeking records of Safaricom to prove that indeed it’s force, which brings to question the integrity of the witness. And  evidence Act is very clear where we are seeking to  show that in fact the statements that are given before this court may not reflect information that’s necessary  for it to determine any matter before it” Said Mr Mungatana.

He told trial magistrate Teresa Nyangene that, nothing can stop the court from obtaining the statement stating that, as per Section 33 of the constitution court has that power to obtain the information sought by the

This application must not be barred or defeated merely by someone is going to be embarrassed because of his status” submitted Mungatana.

In his an application filed in court today, Kuria is seeking the trial court to compel the telecommunication company to produce Mboya’s phone records for the 1`6 day of May  201q4 between 7pm and midnight.

Mboya who was the first prosecution witness stated in his statement of the 9 September, 2015that he received phone calls from four lawyers complaining about Kuria’s comments he made on Facebook page on the 16 May, 2014.

He argues his defence team needs the phone records from Safaricom Limited in order to prove the Mboyo’s allegation are false.

Kuria who was charged on 26 June ,2014 with incitement to violence and disobedience of the law contrary to section 96 of the penal code as the charge of hate speech.

The defence has reasonable doubt as to the accuracy of the testimony given by the first prosecution witness” said Kuria in his affidavit

During the hearing Mr Mboya told the court that  Gatundu South MP wrote an “inflammatory” post against the Luo on his Facebook page in January, the Law Society of Kenya has said.

Kuria is accused of linking the Gikomba terrorist attack, which killed 10, to members of the Luo community.

Testifying in an application to have Kuria’s bail revoked; LSK secretary general Apollo Mboya said the words on the MP’s page could cause havoc.

Statements posted by controversial Gatundu South MP Moses Kuria on social media relating to the Gikomba fire last year did not amount to hate speech or incitement, Court heard on Wednesday.

The Chief Executive Officer of the Law Society of Kenya (LSK) Apollo Mboya was put on the spot by Kuria’s tough Lawyer Danson Mungatana to explain whether the remarks linked Cord Leader Raila Odinga or any ethnic Community in anyway.

In his response, Mboya said the statements were not linked to Raila but were laced with hate speech and ethnic contempt on May 16th 2014.

Earlier on, Mboya had stated that the statements were linked to Cord Leader Raila Odinga since Kuria had written the attacks were planned from Boston where Raila was at the moment.

Mboya told the court that he was called by four people which included advocates to check   the various updates the Gatundu South MP had allegedly made.

However Kuria’s lawyer Danson Mungatana questioned whether Mboya acted on a personal initiative or as mandated by LSK since there were no minutes to indicate the council recommended Kuria’s Prosecution.

Mboya defended himself saying the agreement was met by an evaluation team.

‘I made communication with the office of the Director of Public Prosecution which included screen shots of the said posts. The DPP then requested the Inspector General of police by a letter to cause speedy thorough investigations on allegations and submit a report and findings,” he said.

Mboya denied the issue of political enmity saying that he forwarded the issue to the DPP because the social media updates would have caused incitement

Kuria had written on social media, “I think it’s just a matter of time before Kenyans start violence against perceived terrorists, their sympathizers, their financiers and those issuing travel advisories without sharing intelligence. I am not sure I will not be one of those Kenyans. When you touch Gikomba the nerve center of our economic enterprise, you really cross the line. Brace yourself. Choices have consequences.”

He was charged after the Law Society of Kenya (LSK) wrote to DPP Keriako Tobiko demanding that action be taken against the legislator for posting messages which they said displayed and encouraged ethnic hatred.

On June 2014, he was charged with three counts of incitement to violence on Facebook and was released on a cash bail of Sh2 million. Kuria was later charged on the recommendation of the National Cohesion and Integration Commission (NCIC).

He however sought an out-of-court settlement where he was to offer an apology for his postings and refrain from committing similar offenses in future.

He had earlier been charged with hate speech after he linked Gikomba bomb blasts to members of the Luo community.

Trial Magistrate Teresa Nyangene will deliver the ruling on November 13.







The embattled Garissa County Executive Committee member Hajir Mohamed Dahiye who was implicated with the loose of estimated Sh 70 million revenue money.


A senior Garissa County official has been threatened with death after distancing himself from widespread misappropriation of the taxpayer’s money.

Chief Officer for Trade Mohamed Daud was confronted three times by his boss -the County Executive Committee member Hajir Mohamed Dahiye who was implicated with the loose of estimated Sh 70 million revenue money.

Executive sources revealed that the threat to the life of the accounting officer was reported to the highest authority of the county administration -seeking for protection.

“The officer has officially written to the senior most authority complaining against the threats,” said sources within the corridors of powers.
The Garissa County Assembly adhoc committee investigating misappropriations of millions of shilling collected as revenue grilled senior County executive officials on Thursday afternoon.

Deputy Governor Abdullahi Hussein and County Secretary Mohamud Hassan Mursal alias Nairobii shocked at the revelation by the committee on how millions of shilling collected as revenue for cash-strapped county has been swindled through a personal account of a junior officer associated to one of executive member.

Hajir who is being investigated over the loss of the revenue money who also appeared before the committee absolved himself from the allegation that money was lost when he was in charge of the trade department.

Following public outcry at that time on embezzlement of collected revenue money, lack of payment to service providers example transport companies, local media houses and printing firms, on July 2014, the Governor Nathif Jama did reshuffled where Hajir was moved to Urban services docket -a move which was seen as a cover-up.

Hajir is accused among other -that he mastermind the diversion of revenue money worth Sh 208, 900 to the personal bank account of his close relative whom he then employed as administrative assistant, Osman Roble.

“I only know the named person as a junior officer at the trade department at the time and he have never been my personal assistant as claimed neither is any monies owned by the county being deposited in any private account at the time when I was in charge”, Hajir defended himself.
The ten member assembly adhoc committee chaired by Jarajila ward representative Mahat Osman is tasked to unearth alleged scandal at county’s trade ministry, where millions of revenue money is believed to have been siphoned off through personal accounts among other transactions.
The committee is expected to submit its findings with punitive recommendations oncoming Tuesday.

The County Secretary contraindicated evident report given by the chief officers Abdullahi Omar and Mohamed Daud in an attempt to the defend embattled CEC. Mursal denied receiving several letters copied to him by the chief officers regarding the swindling of the taxpayers money.

At one time, the county secretary told the committee that Sh 30 million was received in the county accounts but could not substantiated.

The chief officers together with the Urban Services Director Daud Biriye accused the CEC Hajir of working in isolation and where they confirmed that there was no revenue money deposited in the county government accounts.
However, the CS said the county government has a liability of about sh 8.9 million owing from vehicles that were engaged to offer transport, revenue clerks and private printers contracted to print revenue receipts for the department.





Director of Public Prosecutions (DPP), Keriako Tobiko has been elected as the new president of the East African Association of Prosecutors (EAAP).


Director of Public Prosecutions (DPP), Kiriako Tobiko, has been elected as the new president of the East African Association of Prosecutors (EAAP).

Justice Mike Chibita announced on Friday that Keriako Tobiko is the new president of the association.

Justice Chibita who is the DPP of Uganda and also the host of the association’s fourth annual general meeting that started on November 5 and is ending on November 7, 2015, at Hotel Africana.

Tobiko is replacing the Court of Appeal judge, Richard Buteera who has been holding the mantle as the association’s president since its inception in 2010, as the second president.

While unveiling the new members, Chibita said that in the three days meeting, they approved the associations five year strategic plan for the years 2016 to 2021.

He said that there is need for cooperation among the East African Countries if cross border crimes are to be defeated. Adding that most of these criminals have cartels across the East African region and this can only be broken by all countries forming a counter association.

“The terror case sets precedence as a lead example of why we need to cooperate as East African Community, cause there are Ugandans, Kenyans and Tanzanians in the case” Chibita noted.

Tobiko will be leading a 10-member committee comprising of executive members and country executive leaders.

In the new executive committee, Richard Muhumuza, the DPP Rwanda, comes in as the new vice president taking over from Martin Ngoga who was Rwanda’s DPP before him.

Biswalo Mganga, the DPP Tanzania, takes over as the General Secretary, replacing Elieza Mbuki Feleshi also former DPP Tanzania.

Those elected as the new country executive leaders include, Betty Khisa a state attorney from Uganda, Ayub Mwenda from Tanzania, Patrick Gumo from Kenya, Claudine Dushimimana from Rwanda and Loboire Nkurunziza from Burundi.

The leaders are expected to hold their respective offices for five years as per the association’s constitution.

Giving a glimpse into the strategic plans, Chibita said that they resolved to revive the association’s activities which include promotion and facilitation of cooperation among member states, detect, investigate and prosecute crimes in the region and give legal assistance to member prosecuting authorities.

Others are, to exchange suspects and convicted prisoners, ensure faster extraditions and conduct joint training for officials of member countries.

Except Burundi, delegates to the meeting were from Uganda, Kenya, Tanzania and Rwanda. They were led by their DPPs. Uganda had Chibita, Kenya had Tobiko and Tanzania had Mganga as their leader.






Former Nairobi mayor George Aladwa before a Nairobi magistrate court where he has been charged with incitement to violence on Friday November 6, 2015.



Former Nairobi mayor and Orange Democratic Movement party chairman Nairobi branch George Aladwa has been charged with incitement to violence.


He was released on bond of Sh 3 million with an alternative cash bail of Sh 500,000.

The case will be a heard on January 20.


Nairobi chief magistrate Daniel Ogembo dismissed an application by the DPP to have Mr aladwa detained till the case is heard and determined.


The prosecution on Friday asked the court to deny the former Nairobi mayor bond on the grounds that there is an increase in hate speech and incitement cases in the country.


Assistant Director of Public Prosecutions (DPP) Leonard Maingi said politicians who have been charged with hate speech have shown no respect for the courts.


Dr Maingi told the court that even stringent bond terms had not deterred politicians such as Gatundu South MP Moses Kuria from making inflammatory remarks. He also cited Kiambu Governor William Kabogo’s remarks that he had the money to defend himself in court.


The prosecutor said Mr Aladwa uttered words indicating it was desirable to bring death to certain Kenyans and “in calling for the death of Kenyans, he challenged the existence of an open and democratic society”.


However, lawyers representing Mr Aladwa said his prosecution was selective and that he is entitled to bail like any other accused person.




United Nations Environment Programme (UNEP) official Alphonce Kambu before a Nairobi Magistrate court.he was charged with grievous harm on Thursday November 5, 2015.
An employee of the United Nations Environment Programme (UNEP) in Nairobi is facing life imprisonment if prosecution proves charges leveled against him.
It’s a discretional minimum penalty of seven.
Article 234 of the constitution state that, “Any person who unlawfully does grievous harm to another is guilty of a felony and is liable to imprisonment for life”
Alphonce Kambu is accused on the 18 of October, 2015 at Jacaranda Estate in Nairobi, unlawfully did grievous harm to Ruth Gakii Samwel.
He pleaded not guilty to the charge before Nairobi Chief Magistrate Daniel Ogembo.
However, he was not released on bond after the Director of Public Prosecution applied the accused to be denied bond.
The Prosecution team led by Senior Assistant DPP Jacinta Nyamosi applied the accused be denied bond since he was a flight risk as he may run away to escape charges against him.
“The accused person is likely to obstruct the case and interfere with witness for example a maid who was employed by the accused to assist the complaint as a house girl” Said Jacinta.
He further told the court that Mr Kambu is not a Kenya citizen.
“The accused person is a citizen of PAPUA NEW GUINEA and was a employee of UNEP Giigiri and he’s likely to disobey the court orders when released on bond” said in investigation officer in his affidavit.
The accused lawyer Kiraithe Wadugi opposed the DPP application saying everyone is entitled to bail whether a Kenya or a foreigner.
“The accused have been in Kenya for the last eight years and he has been in a relationship with the complaint for seven years and they have a child together who is three years and half” said Wadugi.
Wadugi further told the court that the accused is willing to continue to cooperate with the authorities and he’s will to appear in court any time he’s need.
He further told the court that the accused was aware of the matter has been reported in Kasarani police station and he never run away as prosecution was trying to demonstrate the accused is likely to run away.
However lawyer Cliff Ombeta acting for the complainant said the accused has been threatening the accused even last night when hews in custody.
“If the accused is let out there today, the victim will live in fear and this may jeopardize her case” said Ombeta.
Mr Ombeta further told the court that, the accused was admitted in hospital and she left the hospital three days ago.
Mr Wadubi told the court the accused has been in touch with the DCIO Kasarani police station and they know the accused lives in four way towers.
He further said the accused was called yesterday by the DCIO to record the statement but he was arrested and arraigned in court today.
Earlier in the day Mr Wadubi had applied the plea to be differed plea because his client is pursuing a resolution of court but prosecution opposed his application.


Wadugi told a court that he is pursuing an out-of-court settlement with his former lover over assault charges.
Mr Kambu is a legal officer in the Division of Environmental Law and Conventions. The UN body pledged to cooperate with the Kenyan authorities during investigations.
“United Nations staff members enjoy immunity from legal process only in respect of words spoken or written, and of acts performed by them in their official capacity.
Mr Kambu is said to have threatening Ruth Gakii claiming to be enjoying Immunity and nothing can be done to him.
But according to the letter obtained by the NAIROBI TIMES from UNEP, Mr Kambu doesn’t enjoy any immunity as he claims.
“UNEP concurs with the Ministry’s assertion that the alleged acts are not covered by the privileges and immunities accorded to the United Nations officials and wishes to assure the ministry of its commitment to fully cooperate with the authorities of the government of the republic of Kenya on this serious matter” state the letter by UNEP.
Mr Wadugi told the court the accused and the complaints has a custody matter in the high court before Justice Musyoka which is in the appeal stage and the accused is fighting for three and half year old son custody.
The boy is said to be in Kambu’s custody until yesterday when he was arrested.
Nairobi Chief Magistrate Daniel Ogembo directed the accused to be remanded at industrial area prison pending his ruling on whether to release the accused on bail or not on Monday.




Trade Chief officer Mohamed Daud while being grilled by an Adhoc committee investigating alleged revenue misappropriation by former trade County Executive Committee member Hajir Dahiye.

Garissa: Garissa County Assembly members are investigating alleged loss of taxpayer’s money involving a county executive committee (CEC) member, Hajir Mohamed Dahiye.

Already two accounting chief officers and a director yesterday testified on the going probe against the CEC for Livestock and Economic Pastoral.

Messrs Mohamed Daud, Abdullahi Omar and Daud Biriye all confirmed that money collected as a tax from the public was diverted to private bank accounts and some into MPesa instead of depositing into authorized county government accounts.

The accounting officers produced documented evidence including money sent through MPesa account owned by Osman Roble Abdi who worked as personal assistant to the CEC.

The assembly’s probing  adhoc committee chairman,  Mahat Osman told the media that although there were enough tangible evidence that fraud was committed, fare hearing wil be given to those implicated in the criminal under doings.

Hajir is alleged to have masterminded the making of ficiouse revenue receipts, paid himself allowances in the names of non-existing casual staff and unnecessary hiring of public vehicles at exopitant money.

The adhoc chair said the assembly house will fully play its mandate to oversight and house clean the executive arm of the county administration.

Garissa county executive committee (CEC) Livestock and Economic Pastoral is facing sacking for the loss of the alleged 70 million.

It’s alleged that, I n a period of three months, estimated Sh 70 million of the tax payers was lost.





Senior counsel Paul Muite who was appointed by Director of Public Prosecution Kiriako Tobiko as private prosecutor in prosecuting Machakos Senator Johnstone Muthama and others over Malili ranch case.
Machakos Senator Johnstone Muthama has lost bid to have senior counsel Paul Muite removed privately prosecuting him and others over Malili ranch case.

Justice George Odunga disallowed the application by the senator, saying that director of public prosecution in appointing Muite he acted within the law.

The judge dismissed allegation that Muite is politician and has a criminal case where was charged in 1992, the court said that the criminal case was politically motivated.

“It’s the evidence that will be considered by the trial court and not the person conducting the prosecution” he said

Muthama through his lawyers Dr John Khaminwa, Harun Ndubi and Antony Oluoch had said that Muite is unfit to conduct the prosecution.

The lawyers told court that Muite being a politician and leader of Safina Party is not permitted by law to carry out state function.

They pointed out that Muite having been charged during the multi- party democracy, he was prosecuted by the office of the director of public prosecution and can not be given such an opportunity to prosecute fellow politicians.

The law does not allow such an appointed, the prosecution under the new constitution is vested upon the director of prosecution and can only be delegated to immediate seniors deputy director of public prosecution, they submitted.

The court heard that Muite carried out selective prosecution when he was given the file to give independent position as to who was to be persecuted in the malili malili ranch scandal

The lawyers told the judge that the police investigation had included the name of the Law Society Chairman Eric Mutua to be among those to be charged, but the final report by Muite left the out Mr Mutua’s name

They said Muite is not the right person to conduct such prosecution.