Gatundu South Member of Parliaments lawyers Danson Mungatana,MP Moses KURIA(center) and law Society of Kenya (LSK) CEO Apollo Mboya during the hearing of a case in which the state have sued the legislator for posting of the alleged hate messages in facebook platform in relating of the Gikomba fire last year.
BY SAM ALFAN
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 enemity 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 centre of our economic enterprise,y ou 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.
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Immediate Deputy Inspector General of Police Grace Kaindi and President Uhuru Kenyatta.
BY SAM ALFAN.
Outgoing Deputy Inspector General of Police Grace Kaindi has filed an application seeking to overturn the decision of President Uhuru Kenyatta to transfer her.
The application has been certified as urgent vacation judge Justice Joseph Onguto, who directed that the same be served upon the AG and National Police Service Commission.
“Petitioner has raised constitutional issues and a decision has already been made by the president” Said Justice Oduor.
The Judge further said Security is a very sensitive issue and it cannot be a social experiment.
Justice Oduor certified the matter urgent and directed Kaindi to serve all parties and appear in court on September 16.
The judge granted Kaindi leave to file judicial proceedings to challenge the decision of the President to retire her.
Kaindi also want the court to issues orders against the national police service from replacing or declaring any vacancy in the position of the Deputy Inspector General of the national police service or implementing her transfer o.
She filed the suit through a certificate of urgency; Kaindi argues that the said decision was never put on paper, amounting to a roadside declaration-against the law.
Kaindi claims she learnt her dismissal from the service through the media and she has not received any official communication from the national police service regarding the transfer or deployment.
“By virtue of the constitutional provisions and the NPSC Act, the DIG cannot be fired without following the due process of the law and to this end the President did violate the constitution. There is no provision in law for a DIG to be in office in acting capacity and therefore the alleged replacement is null and void,” Odour said.
She said in her affidavit that, the manner in which a senior state officer of the caliber of deputy inspector general can be treated leaves much to be desired on how the executive arm of the government can treat vulnerable citizens.
The former Deputy Inspector General claimed the alleged removal from office and the manner in which she was injected offends the constitution that governs the country.
She is also claiming her life is in danger since her official motorcade was withdrawn.
“My official motorcade and body guards were withdrawn without any explanations whatsoever exposing my persona to great danger contrary to the law”
Kaindi wants the High Court to quash the decision and stop her transfer to civil service as ambassador.
She claims in her court documents that, on 31 of August president Kenyatta purported to have transferred the deputy general of the police, Grace Kaindi from the police service to public service against Article 245 and 246 of the constitution.
“The said decision was never put on paper amounting to a road side declaration against the law” said Kaindi
Immediate DIG also claims in effecting the transfer or retire her, President Uhuru Kenyatta was usurping the powers of the national police service commission as enshrined in the constitution.
“The deputy Inspector General holds a constitutional office and was appointed on the basis of a competitive process by the national police service” said Kaindi in her court documents.
Kaindi say she purported appointment replacement did not factor in the issue of gender as contemplated in the constitution.
She further said the DIG has a five year contract which is to end in 2018 and the alleged transfer has violated the said contract.
Meru Governor Peter Munya with health workers in the county.
BY SAM ALAN.
Meru County Government has resolved the issues raised by the health workers in the county after a successful meeting between Governor Peter Munya and the Health workers’ Union leaders at His office in Meru town.
The two parties agreed to form a task force to look at the issues and give a report in three months.
The county government and the unions maintained their hardline stands as workers strike entered its third day Thursday.
This is despite county government and the unions maintained their hardline stands last week.
Last week Health Secretary William Muraah says the four unions representing the 1,600 medics did not serve them with strike notices on August 17.
Governor Peter Munya responded: “We have absolutely no information on why the workers are on strike because we had paid all salaries by September 1.”
However, copies of strike notice letters produced by the union’s show they were served to the officers of Chief Officer of Health, County Secretary and the County Public Service Board (CPSB). Despite the revelation, the county government will not budge. “A stamp does not necessarily mean that the letter was received at the office and we challenge anyone to prove otherwise,” Dr Muraah said. Munya said the county was relying on the media to know what the medics’ grievances are. See also: Nyeri County plans to sack nurses if they fail to resume duty But Kenya Clinical Officers Association Meru branch chairman Wilson Namu said the county officials were being dishonest because the notices were hand delivered and acknowledged by stamping. Other unions whose members are participating in the industrial action are the Kenya National Union of Nurses, the Association of Medical Lab Officers and the Kenya Medical Practitioners and Dentist Union.
The accused the county government of failing to manage the human resource in the health sector. They have more than 10 grievances. Determined not to lose in the war of words, the county administration alleged that corruption cartels that had a stranglehold in the sector are fighting back through the unions, especially after an audit at the Meru Teaching and Referral Hospital discovered massive fraud and waste of public resources. “We are investigating some officers after claims of a Sh3 million fraud on the National Hospital Insurance Fund was unearthed,” said Munya. He said daily collections at the hospital had hit Sh300,000 and projections were that a staggering Sh6 million was previously being lost every month.
The construction of the Standard Gauge Railway that is set to revolutionize rail transport in Kenya is well underway.
BY SAM ALAN.
Ethic s and Anti Corruption Commission detectives have arrested two senior managers of the China Roads and Bridge Construction Company for allegedly offering a bribe to Kenya Highways Authority officials.
The two had been arrested near Emali trading center for overloading and according to EACC, they attempted to bribe the officers to avoid facing charges for overloading.
The two were identified as Tang Ju and Liu Yabin Chinese Engineer/Liaison officers.
The Anti-Agency body arrested the two following complaints overloaded lorries carrying construction materials for the Standard Gauge Railways were being fraudulently allowed to operate on the roads.
EACC officials said Ju was arrested last Friday evening for allegedly offering a Sh100, 000 bribes to an officer working for the Kenya Highways Authority so as to forbear pressing charges of overloading.
“Two trucks belonging to the China Roads and Bridge Construction Company were detained during a joint operation by Kenya Highways Authority and EACC officers, on Mombasa Highway near Emali Trading Centre for overloading,” said a statement by the commission.
Ju’s passport was withheld by police as he was released on a cash bail of Sh200, 000 so as to take plea at the Machakos Anti-Corruption Court on Tuesday, September 8.
Yabin, was also arrested for offering and giving a bribe of Sh30, 000 to an official working with the authority on Saturday.
Two trucks belonging to the construction company were arrested during a joint operation by Kenya Highways Authority and EACC officers, on Mombasa Highway near TaruTrading Centre for overloading.
According to police, Yabin’s passport was also retained was released on a cash bail of Sh60,000 so as to take plea at the Mombasa Anti-Corruption Court on Friday September 11, officials said. The company is among those involved in the construction of SGR from Mombasa to Nairobi, a distance of about 400 kilometers.
Ugandan President Museveni who has assured Uganda Sugar Corporation of Uganda limited Kenya will buy sugar from Uganda.
BY SAM ALAN.
Ugandan President Museveni has assured Sugar Corporation of Uganda limited (SCOUL), a subsidiary of the Mehta Group, that part of the 900,000 tonnes of sugar that the company produces which can’t be sold locally will find market in Kenya.
This is according to an article published by Ugandan Daily Monitor newspaper that said the president made the announcement after commissioning a new sugar mill and a carbon dioxide plant at SCOUL in Lugazi last Friday.
The assurance follows a recent agreement government signed with their counterparts in Kenya.
The President said Kenya is expected to act with humility because Uganda imports a lot of goods from the neighboring country.
This is comes few weeks after acting Agriculture Cabinet Secretary Adan Mohamed held that no deal was signed with Uganda amid heightening pressure from the Opposition.
“The Government wishes to clearly state that no trade agreement or any other deal was signed between Kenya and Uganda,” Mohamed said, but was quick to add that Ugandan millers were free to sell their sugar to Kenya.
He said having the sugarcane farmers at the press conference was meant to show that the Government had their best interests at heart.
“The government (of Uganda) must give more support to these industries; we must discuss with Kenya and make sure that it buys this extra sugar,” Mr Museveni said, adding: “They will buy it because we buy a lot from Kenya, there is no way you can say that I buy from you but you don’t buy from me,”.
The president was speaking shortly after commissioning a new sugar mill and a carbon dioxide plant at SCOUL in Lugazi last Friday.
Uganda imports goods worth $700m (about Shs2.4 trillion) from Kenya, compared to exports worth $150m (about Shs530b) to Kenya.
When Kenyan president Uhuru Kenyatta visited Uganda last month, a deal allowing Uganda to export Ugandan sugar into the Kenyan market was struck, improving the commercial ties between the two countries.
However, the leader of the opposition Raila Odinga and other actors have criticized the move, arguing that it will hurt the local sugar industry in Kenya by “flooding the (Kenyan) market with cheap imported sugar.”
Dr Richard Sezibera, the Secretary General of the East African Community (EAC) during a courtesy visit at the Monitor Publications Limited offices in Kampala recently, said sugar shouldn’t be an issue in the region.
Mr Sezibera said the East Africa Legislative Assembly had passed a law that requires a member country subjected to non-tariff barriers by another member state to seek redress.
“Restriction of movement of goods is a creation of a non-tariff barrier to trade and in future. Uganda could seek compensation for that and so can any other EAC country whose goods are blocked from entering another country within the bloc,” the EAC boss said.
On Friday, Mr Museveni also told the management of Mehta Group to discuss with the workers on the issue of their welfare and salaries.
Workers at the factory complained of meagre pay as the President addressed the gathering at the company premises.
“Those issues, you should discuss with the management seriously and frankly and based on facts that, for instance, if the company is making very big profits and it can be shown in the statistics, then you can discuss about the issue of salary increase,” he said.
Deputy Inspector General of police M’s Grace Kaindi. BY SAM ALFAN.
Attorney general Professor Githu Muigai has opposed the application by an activist seeking to quash the decision of President Uhuru Kenyatta retiring deputy inspector general of police M’s Grace Kaindi.
The Ag through senior Principal state counsel Mr Emmanual Bitta told the court, that retired officer has no contractual with National Police Service Commission in which she seeks protection from removal.
Mr Bitta told Justice Monica Mbaru of Employment and Labour Relations Court , that M’s Kaindi has reached her retirement age of 60 years.
He said the decision being sought to be quash has not been shown to the court, saying the application is defective and should be struck out
Mr Bitta, further said the applicant Mr Zachary Onsongo has not exhibited his locus standing to warrant the court to issue the order staying the decision of the President.
He submitted that at the hearing of the application, the court will be shown, that there is no privily of contract between the applicant, NPSC and AG.
The judge directed that the matter be heard on September 14 by all parties.
Mr Onsongo, says that the move by the head of state is unconstitutional, which calls for the court to protect the violation of the constitution.
The activist through his lawyer Oduor Jesse, told the court that the said transfer of Kaindi erodes the constitutional gains towards the empowerment of women..
The lawyer told the court that in effecting the transfer or retire the President usurped the powers of the national Police Service Commission as enshrined in the constitution
Mr Jesse argued Kaindi holds a constitutional office in which she was appointed on the basis of competitive process by NPSC.
He said the said transfer did not factor in the issue of gender as provided in the constitution.
The court that Kaindi has five years contract which expire on 2018, saying her retirement is violation of her contract of employment.
Kaindi was retired on 31 August 2015 and appointed ambassador whose st
Senior Counsel Mohammed Nyaoga who is also the chairman of Central bank of Kenya board hands over his commission report to president Uhuru Kenyatta at State house Mombasa. BY SAM ALFAN. Senior Counsel Mohammed Nyaoga led tribunal appointed by President Uhuru Kenyatta to probe the veracity of a petition filed by Makueni County residents has recommended suspension of the county government.
According to State House spokesperson Manoah Esipisu, the six member committee presented its report to President Kenyatta Thursday morning at State House, Mombasa.
The Nyaoga-led committee appointed on March 6, 2015 said its decision was based on the fact that majority of the residents were unhappy about the constant wrangles pitting Governor Kivutha Kibwana and Members of the County Assembly which needed to be resolved.
According to Section 123 (8) of the County Governments Act, if the President finds justifiable reasons for suspension he is expected to forward the report and recommendations to the Speaker of the Senate within seven days.
“The Speaker shall cause a motion for the suspension of the county government to be laid before the Senate within seven days and approval by Senate shall be by a resolution adopted in accordance with the provisions of Articles 122 and 123 of the Constitution,” the law further states.
Once the matter is brought to the Senate, Senators will vote on the motion which will require 24 votes to be passed.
“Upon approval by the Senate, the President shall, by notice in the Gazette, suspend the county government for a period not exceeding ninety days, or until the suspension is terminated earlier by the Senate in accordance with Article 192 (4) of the Constitution,” states the County Governments Act.
The law is however silent on what happens if the President does not find ‘justifiable reasons’ for suspension but according to commissioner at the Commission for the Implementation of the Constitution Kamotho Waiganjo if the President does not agree with the commission, which he insists is highly unlikely, the status quo remains.
“It must then mean that the journey ends there. The discretion for suspending a county government is under the President and he does that because the grounds have been reached. The law on this has only two options, either to suspend or not,” he said.
During the period of suspension the operations of the County Assembly will be discontinued but despite this, the Speaker and Members of the County Assembly will draw half of their benefits.
County Assembly committees shall also be dissolved during this period.
“All Bills introduced before the County Assembly and that have not received assent prior to suspension shall expire and shall be re-introduced as new bills upon the cessation of the suspension,” the law further states.
The President will also be required by law to nominate members to the interim county management board which shall then carry out all the functions of the Executive who during suspension, just like their counterparts in the assembly will receive half of their salaries.
Persons appointed to the board must be residents of the county, must have knowledge, expertise and reasonable experience in management of the security sector or management of the private or public sector.
The individual must have for the last five years not stood for elective office in the suspended county government, or been an officer or employee of the suspended county government and has not for the last five years been a member of a governing body of a political party.
In November last year, over 3,000 members of the public from Makueni pitched tent at Harambee House in a bid to present President Kenyatta with a petition to dissolve the county government which they accused of embezzling funds and not initiating any development.
They also complained that the constant wrangles were stalling activities in the county as several laws were yet to be considered.
BY SAM ALFAN.
Imediate Prime Minister Raila Odinga has sued Majority leader Aden Duale for defamation.
In suit papers filed at Milimani high court, Raila accuse Duale of linking him with collapse of Mumia Sugar Company.
He says that on 15 August 2015 Duale while in function at Burborwet secondary school in Belgut constituency in Kericho County he allegedly defamed the ODM Leader, by saying that the collapse of Mumia sugar company did start with Uhuru\s tenure.
” The collapse of Mumia sugar company did not start during Uhuru’s tenure, It began during that of former President Mwai Kibaki and former Prime minister Odinga, Raila famaily owes Mumia sugar company sh 40 million and we call western legislators to go to the former PM’s office and pick the cheque” Duale is said to have uttered.
Raila further says that on 18 August 2015 at a press conference at Parliament Buildings in Nairobi city County Duale accused the former PM has the lord of poverty to the Western people.
” We also want our friend Raila Odinga, the lord of poverty, to go to western Kenya, we want the people of Western Kenya to come in large numbers, but at the end of the day, he has two choices, he either gives the cheque to those people so that they can take their children to school, on behalf of his family and his companies, which is allowed in law, in civil litigation law, he and his a per-payment schedule that the people of Western Kenya and sugarcane farmers” Duale is alleged yo have said
The former PM through his lawyer Paul Mwangi, says that the said utterance were broadcast, televised nationally and the leading television stations in Kenya and within East Africa and published to the world at large through the internet.
He said words meant that he owed Mumia Sugar company Sh 40 million and that he had unlawfully refused to settle.
Raila says that after issuing demand letter to Duale, he exhibited malice by saying that,Me and my lawyers are ready to take my friend Raila for long legal battle, but should have used that money to pay his debts to farmers” he said in response to the demand letter.
At the hearing of the suit Raila will be asking the court to award him damages for defamation of character and further seek an injunction restraining Duale from making similar allegations.