Blog Page 148

MWANGI WA IRIA FAILS TO BLOCK HIS OUSTER BY THE SENATE.

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iriaEmbattled Muranga Governor Mwangi wa Iria lawyers, Paul Muite and Ng’ang’a Mbugua with council of Governor’s Peter Wanyama (center) consulting outside Milimani law courts building after high court dismissed application seeking to bar the senate from debating Iria’s impeachment motion on Tuesday November 3,2015.
BY SAM ALFAN.
High court has dismissed application by embattled Muranga governor Mwangi wa Iria seeking orders to stop the Senate from recommending his removal from office.

Justice Onguto on Tuesday while delivering his ruling indicated that Iria should not shy away from public scrutiny as due process was followed by the Murang’a County Assembly as outlined in the Constitution.

He further pointed out that the Senate is expected to protect the interest of the public and would ensure that transparency and accountability are upheld.

“The conduct of the County Assembly and the Senate should only raise the antennae of this court only if they do something perverse to normal conduct. In view of this the reserved question as to whether the petitioners are entitled to the conservatory orders sort must be answered to the negative.The application for conservatory orders fails for the reasons advanced and it is dismissed,” he ruled.

Justice Onguto explained that Iria’s right to a fair hearing was not violated since he did not attend any of the sittings by the County Assembly despite numerous invitations and that in his absence, the debate on the motion proceeded.

“There is no controversy that the first petitioner was notified of the intended motion. He was also invited to make representations of the intended motion and file appropriate evidence if any. The invite was made in writing on October 13th 2015. The motion was also attached to the letter,” the judge stated.

He observed that the Murang’a Governor was also given evidence in support of the motion.

“He was to attend the hearing when the matter was to come up in the Order Paper. He however did not attend. Instead, he wrote back and denied the allegations in the motion. He then sought for additional documents in support of the motion.”

The impeachment motion was tabled in the County Assembly on Tuesday by nominated MCA Ms Mary Waithirawho asked her comrades to get rid ofthe governor over alleged flouting of public finance management and procurement procedures.
In the motion, Ms Waithira saidthat the governor lacks accountability in management and use of the county’s resources and has incurred a debt of Sh2.5 billion which was never disclosed to the assembly.

He indicated the public interest favored the Senate and thus the impeachment process should be allowed to proceed.

“As the petitioner will not be prejudiced and as the petition will not be rendered nugatory and as public interest will favor the Senate, council of prudence would dictate that no conservatory orders are granted,” he said.

He stated that the court did not need to be involved in the process at that particular time.

“I find and hold that there are no exceptional circumstances proven or shown by the petitioner to warrant this court’s intervention. I find that there was nothing contrary to common logic to warrant judicial interference at this intermediary stage,” he said.

He emphasized the need for the rule of law to be observed in this instance.

“I have seen the documents filed in support of the petition. I have read them; I have also read the replying affidavits. There is no doubt that the first petitioner was entitled to be heard or to be given the opportunity to be heard as the process of the removal of a Governor is a quasi judicial process and the rules of natural justice must apply and be observed,” he stated.
Iria wanted the High Court to stop the Senate from considering the County Assembly’s resolution to impeach him.

The assembly voted for the ouster of Iria by a majority last month in response to accusations that he mismanaged public funds.
Iria’s lawyers, Paul Muite and Ng’ang’a Mbugua, as well as the Council of Governors’ Peter Wanyama had insisted that the County Assembly’s resolution to impeach him was unfair.

The lawyers had argued the assembly did not follow due process and had denied the county boss a hearing.
Muite had told the court that the allegations leveled against Governor Iria were made as a result of his refusal to be arm-twisted by members of the county assembly.

The axe fall on Murang’a Governor Mwangi wa Iria, on October 21 after the Assembly voted that he is no longer capable of being their county chief.

He becomes the second governor to be removed by members of the county assembly (MCAs), the first being Embu Governor Martin Wambora.

Governor wa Iria was on Wednesday shown the door by representatives of the people who in 2013 overwhelmingly voted him in.

He is now the second governor from the Jubilee coalition to be ousted through a ballot by members of his own political frank.

“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 Sh59 Million and no monies had been paid,” the MCA said.

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

Governor wa Iria is said to have allowed misappropriation of county funds by spending public money in private commercial entities.

Ms Waithira said that a report by the Auditor General on the financial operations of Murang’a county executive for the period, 1st July 2013 to 30 June 2014 showed that the County Executive contributed a total of Sh28.5 million 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 said

She also claimed 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.

Governor Wairia was also accused of demanding money and not remitting the same to the tune of Sh125 million.

Ms Waithira also said that Mwangi wa Iria has been diverting public funds to non-devolved functions such as construction works at Kahuhia Girls amounting to Sh31 million and converting public primary schools into boarding schools.
The governor is also said to have used alternative procurement procedures to purchase a land along Kenol- Kabati Road, at a cost of Sh340 Million.
Additionally, he was blamed for borrowing a loan of Sh200 Million from Kenya Commercial Bank without guarantee by the National Treasury.

“The said loan was not factored in the Debt Strategy Paper of the County Government of Murang’a over the medium term expenditure framework,” the MCA said.

The Governor and his executive are said to have irregularly purchased 20,000 bales of Hay for cows at MariiraFarm at Sh4 million. “Investigations reveal that there was no documented evidence for release and delivery of the balesof Hay.”

Governor Wairia is as well accused of failing to remit statutory deductions of the defunct local authorities, which have continued to attract interest and penalties to a tune of Sh131.6 million.

TOBIKO NOW WANTS KEINO MURDER INQUEST REOPENED.

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Director of public prosecution Keriako Tobiko who is seeking to reopen an inquest into the death of former University Student Mercy Keino.

BY SAM ALFAN.
Director of public prosecution Keriako Tobiko wants an inquest into the death of former University Student Mercy Keino reopened, claiming crucial evidence has been doctored with.

Tobiko told court that a video clip they consider very critical in unearthing the mysterious death has been tampered with hence the need to reopen the file.

Keino’s disfigured body was found on Waiyaki Way on June 17 2011 after she attended a party hosted by Kiambu Governor William Kabogo at the luxurious Wasini Suites in Westland, Nairobi County.

Tobiko said a CCTV recording, allegedly showing movements of those who attended the exclusive party and which was with the police and supposed to be adduced as evidence has been altered.

Through his deputy Moses Omirera the DPP said that evidence is crucial and will be fair to reopen the inquest which was at the final stage and was waiting a ruing.

“We are applying to have the inquest reopened so that we can get the original recordings which shows the movements of those who attended the party” Omirera said.

Although witnesses claimed Keino was slapped severally by Kabogo before she stormed out of the hotel and later found dead, a video clip played in court did not show the alleged altercation.

The application by Omiera was opposed by lawyer Cliff Ombeta who represents Wycliffe Lugwiri whose mercedenze benze was mentioned by witnesses and Stanley Kangai who represents Kabogo

“There is no provision in law that allows an inquest to be reopened once it has been closed. The DPP closed the inquest after calling all the witnesses that he had and he should try to bring in new evidence” Ombeta argued.

The lawyer said the Dpp should let the matter to proceed to the end and appeal the court ruling if he dissatisfied.

He said parties had been directed by the court to file their final submission and a ruling to be issued on whether those adversely mentioned have a case to answer on not.
“The DPP has not given a compelling reason to warrant this court reopen the case” Kangai added.
Chief Magistrate Judge Daniel Ogembo directed that principal magistrate Peter Ndwiga who was handling the case before he was transferred, be recalled to hear the application on December 11.

The inquest which began in September 2012 and the DPP called 22 witnesses before he closed his case.

NAIROBI EX-MAYOR SUMMONED TO APPEAR IN COURT.

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12Former Nairobi mayor George Aladwa has been summoned to appear in court 6 November 2015 two plead to criminal charge relating to incitement to violence at Milimani law courts on 0October 27,2015.
BY SAM ALFAN.
Former Nairobi mayor George Aladwa has been summoned to appear in court 6 November 2015 two plead to criminal charge relating to incitement to violence contrary to section 96(a of the penal code.

The summons was issued by Nairobi Chief Magistrate Daniel Ogembo on an application by the director of public prosecution Keriako Tobiko.

Assistant director of public prosecution Dr Leonard Maingi, told the court that investigation into utterance made by Aladwa are complete and the DPP has made a decision that he be charged.

The politician of incitement to violence,to face one count that one 20 October 2015 at Kamukunji grounds Kibera in Nairobi County without lawful excuse he uttered words.

“2017 Imekaribia na sis watu wa ODM tumebaki Risasi moja na mimi ninnasema na niambia party leader Raila Odinga this time round the outcome of the election ikiwa tumeshinda na watunyanganye wacha kiumane wangapi wanakubalina na mimi? Tumekubaliana? Fire fire fire Raila ndio akuwe Presindent watu lazima watu wakufe kiasi kwani kunamakosa gani? sisi sio watu wa kutihswa tishwa lazima Raila aende mbele”

According to the prosecution the words indicated desirable to bring to death to persons in Kenya.
Aladwa is out of cash of sh 20,000 granted by the high court following an application by his lawyers when he was arrested by the police for purpose of recording statements.

The bail was granted by Justice Joseph Onguto on an urgent application argued by Dr John Khaminwa, Harun Ndubi and Anthony Oluoch.

The judge had directed that Aladwa do co-operate with police whenever summons are issued.

COURTS ALLOW JUDGES AND MAGISTRATES TO HOLD THEIR AGM.

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Kenya Magistrates and Judges Association (KMJA) treasurer who is the senior Children court magistrate Derrick Kuto with the association lawyer Dismas Wambola (center) with another judicial official leaving Milimani law courts after high court allowed to conduct its annual general meeting to elect new officials and representative to the Judicial Service Commission on Monday November 2,2015.

BY SAM ALFAN.

Kenya Magistrates and Judges Association (KMJA) has been allowed to conduct its annual general meeting to elect new officials and representative to the Judicial Service Commission

Justice Joseph Onguto set aside the halting the meeting that was supposes to take on 31 October 2015.

The judge said that KMJA had shown compliance by filling returns to registrar of societies
KMJA lawyer Elisha Ongoya told the court that, they have complied with court’s orders.

He urged the court to set a side it order suspending the AGM for a period of four months.

Justice Onguto, heard that registrar of societies has confirmed that returns have been made and rules to govern the elections of officials of the association have been set out as required by law.

Justice Onguto had put on hold the ,meeting to allow current officials to make returns to the registrar of societies.

The AGM and the general conference was scheduled to take place on 29 and 31 October to elect the association’s officials and a representative to the Judicial service commission.
City lawyer Kevin Turunga Ithagi moved to court seeking to halt the meeting, saying that KMJA since its registration has been embroiled in illegalities and its conducted its business unlawfully

The petitioner said that KMJA has no registered officials to conduct its business at the AGM, saying that current office bearer are not recognized by the Registrar of Societies no returns have been since 2012.

He told the court that officials of KMJA have through the national council, illegally amended the association’s Constitution and further created additional regional councils, which is contrary to stringent procedures as provided for under its statue.

” Petitioner also assert that the officials of KMJA are in office illegally and improperly and have continued to conduct themselves in a manner not expected of state officers pursuant to Article 10 of the constitution” he told the court.

However the application was opposed by current officials through Elisha Ongoya, saying the petitioner had not demonstrated any rights as been infringed or is threatened with infringement to be entitled to the conservatory order halting the meeting.

He submitted that changed rules were subject for adoption during the AGM, saying the efforts are being made to regularize the association’s records for submission to the registrar of societies.

KENYANS COUGH MORE IN TAXES BASED ON THEIR SALARIES.

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BY JOHN MWANGI

FINANCE BILL 2015 HIGHLIGHTS

PERSONAL INCOME.

The tax rate for individual employment income has remained the same from the year 2005 to 2015.

Employees with only one employment income covered under pay as you earn will be required to file an Income Tax Return.

Pay as you earn on director’s remuneration to be paid on tenth day following the end of the month in which payment was made to the director or on before the last day of the fourth month after the accounting date, whichever is earlier  (with effect from 11th June 2015).

Winnings payable to players by the bookmaker will be taxed at 20% final tax for residents with effect from 1st January 2016.Training fees shall not include fees paid for educational services provided by;

  • A pre primary, Primary and Secondary school
  • A technical college or university
  • An institution established for the promotion of adult education, Vocational training or technical education (This is with effect from 1st January 2016)

Residential Rental Income will tax at 10% on gross rental income for any resident person with residential property earning total income of less than 10 millions.

With effect from 1st July 2015 Landlords who declare their 2014 and 2015 rental income by 30th June 2016 will enjoy a tax amnesty. Rental income earned for 2013 and prior years will not be subject to tax penalties and interest and shall be evaluated as follows;

  • Where a person does not have supporting for expenditure, then 40% of Gross rent shall be allowed for deduction
  • This shall not apply to cases under audit or investigation by KRA and Incomes already assessed.

Transfer of property on administration of an Estate of a deceased person is exempt from tax for a period of 2 years, in case of a court case for a period of 2 years after finalisation of the court case (with effect from 1st January 2016). Gain derived from transfer of property of land which is less than 3 Millions (Previously 30,000/=) or in case of agricultural property which is less 50 acres (previously 100 acres), on certain areas will be exempt from tax with effect from 1st January 2016.

The due date for paying capital gains, other than investment shares shall be on or before the date of application for transfer of property to the land office with effect from 1st January 2016.

CORPORATE TAX.

The tax rates for Companies have remained the same from year 2000 to 2015.

Net gain arising from sale of immovable property (rights for mining and petroleum) if 20% or more then will be taxable beginning 1st January 2016. Losses shall now be carried forward for 10 years as previously was five years.

However, losses can be carried forward for more than 10 years on extension by the minister upon recommendation by the commissioner. Sources of income have increased to include mining and petroleum block with effect from 1st January 2016.

Employer who engages at least 10 university graduates as apprentices for a period of six to twelve months during any year of income shall be eligible for tax rebate in the year subsequent to the year of such engagement with effect from 1st January 2016.

Building in use for training of film producer, actors or crew to enjoy Industrial building Allowance of 100% starting 1st January 2016.

Purchase of new or unused power driven ship or purchase (and subsequent refitting for the purpose of that business) of a used power driven ship of more than 125 tonnes shall enjoy Ship investment deduction of 100% with effect from 1st January 2016.

The corporate tax for listed companies on the securities exchange to be 25% for 5 years of the listing starting 1st of January 2016.

Companies under special economic zones to be taxed at 10% for the first 10 years and 15% for the next 10 years with effect from 1st January 2016.

WITHHOLDING TAX.

Bookmakers will be required to withhold 7.5% of the winnings payable to a Non resident with effect from 1st January 2016 and 20% for resident which has remained the same from 1st January 2014.

Special economic Zones will be required to withhold 10% of the payments other than dividends made to a non-resident.

Rent, premium or similar considerations for use or occupation of immovable property by a resident to withhold 12% of the gross amount with effect 1st January 2016.

For non-resident subcontractor who derives a fee for provision of services to licensee or a contractor, the contractor will be required to withhold 5.625% of the fees. In case of Management, training and professional fees paid by miners they will be required to withhold 12.5% of the fees with effect from 1st January 2016.

VALUE ADDED TAX.

 The threshold limit for registration for VAT remains at Sh.5 millions. VAT rate has remained at 16% since 13.06.2003. Refund claims where input taxes exceeds output tax resulting from zero rated supplies, to be filled within 12 months from the date the tax becomes due and payable with effect from 12th June 2015.

Government ministries, Agencies etc appointed by KRA shall be required to withhold 6% of the taxable value as withholding VAT with effect from 12th June 2015.

Resident returning from countries that operate left hand drive motor vehicles who has owned and used a left hand drive motor vehicle for at least 12 months, may sell the vehicle and import a right hand drive vehicle of equivalent value, make, engine rating and year of manufacture without being charged VAT and custom duty.

The above are a few highlights only

The author is an auditor in one of the leading auditing firm in Nairobi.

For specific need contacts

Gichimujohnmwangi@gmail.com

BY CPA John Mwangi .

 

 

 

KOINANGE WIDOW’S ALLOWED TO APPEAL.

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The late former Cabinet Mbiyu koinange widow Mrs Margaret Njeri Mbiyu (left) with her lawyer Beatrice Kariuki leaving Milimani law courts after high court allowed them appeal against the judgment on Friday October 30, 2015.

BY SAM ALFAN.

High court has given a temporary reprieve to the two women whom it found were not Mbiyu Koinange’s widow by allowing them appeal against the judgment.

Justice William Musyoka given temporary of execution of the judgment for a period of 30 days to enable Margrate Njeri and Edda Wanjiru to challenged judgment that kick the out of Koinange family.

The battle of the vast estate of later former powerful cabinet minister which has lasted for over 25 years in court came to an end last month when the court made final judgment.

Justice Musyoka made several declarations which included the appointment of new estate administrators to manage estate.

The judge said that David Njunu Mbiyu Koinange and David Waiganjo Koinange wil be the administrators of the estate, the judge revoked former administrators.

He said the new administrators should urgent steps to recover the assets held illegal by the members of the family.

Justice Musyoka, said property LR No 3561/2 and the Oceanic hotel and land which changed hand in unclear circumstance which be among the assets to be recovered by the administrators.

The advocates who are holders of account at Ecobank Kenya limited should true account of the money within a period of 30 days.

He said the advocates were to hold money in trust and they are entitled to account any amount removed from the bank and explain whose authority the withdrawal was done and spent.

The judge found in the judgment, that Njeri and Wanjiru were not widows of the late Koinange, saying that the court makes declaration that they cease being members of the deceased.

The judge removed 11,000 shares held by Edda Wanjiru and directed the same revert back to the estate.

” To facilitate the distribution of land assets whose title documents have been misplaced or lost i order the cancellation of such transactions and direct chief land registrar to issue new tittles” he said.

The court directed that the matter be mentioned after 90 days to confirm compliance.

COURT SUSPENDS NGILU AND KONZOLO’S CRIMINAL TRIALS.

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Lawyer Cecil Miller for Muchanga Investment limited with lawyer Allan Kaman leaving Milimani law courts after high Court suspended a criminal case against former National Social Security Fund managing Trustee Josephat Konzolo and suspended Cabinet Secretary Charity Ngilu pending determination of Sh8 billion Karen land disputed case on Friday October 30,2015..
BY SAM ALFAN.
The High Court has suspended a criminal case against former National Social Security Fund managing Trustee Josephat Konzolo and suspended Cabinet Secretary Charity Ngilu pending determination of Sh8 billion Karen land disputed case.

In her ruling Justice Lucy Nyambura Gacheru said that it is fair for the criminal case against the two pending in the lower court to be temporarily suspended pending the court come of the case filed in the high court by Muchanga Investment Ltd, the company which claims the ownership of the property in dispute.

After the judge suspended the criminal case against Ngilu and Konzolo, Muchanga Investment, through its lawyer Cecil Miller and Director of Public Prosecution (DPP) Keriako Tobiko applied for leave to file
their appeal application to challenge the ruling.

However the judge allowed their intention to appeal against the ruling and fixed the case to be mentioned of November 17 for further direction.

Earlier Ngilu and Konzolo, through lawyers Paul Muite and Kioko Kilukumi had urged the judge to consider their application seeking to halt the trial of the two filed at the Anti-Corruption Court in
Milimani by the DPP.

In that case Ngilu is accused of obstructing investigators into them Karen land by directing ministry officials not to release documents to EACC investigators or even record any statements regarding the land.
She is out on Sh 1 million bond,while Konzolo is accused of forging tittles of the same land.

In the application which sought stay of the criminal case, the Director of Public Prosecution , who had enjoined as interested party, through senior state counsel F.S.Ashimosi has opposed Ngilu and Konzolo’s request to have their
criminal case suspended.

Also the Ethics and Anti-Corruption Commission (EACC) which was also in the case as interested party had urged court not to allow the application, saying no evidence had been tabled by Ngilu and Konzolo.

During the submissions, Ashimosi and Miller jointly told the court that Environment and Land Court being a specialized court under the constitution of Kenya does not have jurisdiction to entertain or
determine of criminal proceedings commenced in Anti-Corruption case against Konzolo and Ngilu.

Miller told the court that Konzolo and Ngilu have not demonstrated abrogation, breach, infringement, violation of any constitutional provision.

He said that the applicant has not demonstrated a prima facie case and exceptional and unusual circumstances that unless stay is granted then the applicant will suffer prejudice.

Miller told the court that the supervisory jurisdiction of the High Court under the constitution and other statutory provisory and rules made.
Mr Miller said that Environmental Court was only set up for dealing with Environment matters and that it has no jurisdiction of determining criminal matters.

He told the court that Ngilu and Konzolo have already filed another application at the Constitutional Court seeking the same orders which they have failed to be granted to them.

In the application Konzolo through his company Telesource.com limited, said there are two pending matter before the High Court touching on the anti-corruption case relating to the dispute of ownership of the Sh 8 billion Karen land.

He told the court that since Environmental and Land division is yet to make a decision as who owns the suit land the subject matter of the criminal case that is set for hearing at anti- corruption court on
November 3, 2015 should be stayed to await the outcome of High Court’s
decision.

The court heard that Ngilu’s petition has been already referred to Chief Justice Willy Mutunga to appoint a bench to determine the constitutionality and legality of Ethics and Anti- Corruption Commission which made recommendation for his prosecution.

Konzolo said that the two High Court divisions are likely to come up with conflicting decisions, saying already some officers from the ministry of Lands who have been charged have given evidence in the
civil suit filed by Muchanga Investment who claims ownership of the suit land.

The court heard that the actions of DPP to charge some of the defendants in the civil suit is clearly an abuse of the legal process which act is aimed at giving unfair advantage to one of the parties in
both civil and constitutional cases.

He urged the court to exercise its discretion and intervene by issuing orders staying the criminal case pending the hearing and determination of the application seeking to quash the matter before
the anti- corruption court.

Konzolo, Ngilu and several senior officials from the ministry of Lands were arraigned in court facing charges of corruption and abuse office in relation to Karen land, saying that ownership of the suit
property is the central issue pending before the civil court which was instituted long before the criminal case limited.

EACC BOSS FAILS TO APPEAR IN COURT, SENDS SENIOR LAWYERS.

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Ethics and Anti-Corruption Commission official Henry Morara Ongwenyi with his lawyer Harun Ndubi outside Employment and Labour Relations on October 20, 2015.
BY SAM ALFAN.
Ethics and Anti Corruption Commission’s Chief executive officer Halakhe Waqo and Michael Mubea failed to turn up in court has ordered instead they send senior lawyers to represent them.
The two had been ordered to appear in court to show cause action should not be taken against them for disobeying a court order requiring the reinstatement its former employee.

Their team of lawyers, senior Counsel Paul Muite, Ahmednasir Abdullahi and Ochieng Oduol, told the that the two were out of the country.

The court fixed the matter be heard on Friday next when the two have returned back to the country.

Employment and Labour Relations presiding judge Justice Mathew Nduma Nderi had issued orders after he was informed that the two officers of EACC have not complied with judgment of the court dated August 19.

The judge ordered them to appear in court on October 30 to explain why they have not reinstated Mr Henry Morara Ongwenyi to his position as education officer 1.

Mr Ongwenyi through lawyers Harun Ndubi and Kwame Nkruma, told the court that the two officers have totally ignored the orders of the court and the only avenue available is to punish them.

Lady Justice Maureen Onyango had found and held that the dismissal of Mr Ongwe nyi was unlawful and can not be compensated by way of damages.
The judge had given the commission 14 days to comply with the court’s orders, by reinstating him to his position which he held in 2014 when the commission purported to terminate his employment

The dismissal of the petitioner by EACC was unfair and both substantively for failure to give reasons for termination of his employment” the judge said.

The court found that EACC had colluded the office of the director of criminal investigations by using state machinery to intimidate the petitioner who had applied for the position of deputy director.

The judge said damages provided for under the employment Act for loss of employment would not adequately compensate the petitioner for the tribulation he was subjected, saying that restatements must be accompanied with his benefits

During the hearing of the petition his lawyers told the court that petitioner was employed by the commission on 6th March 2006 as education officer on renewable fixed term contract.

The lawyers told the trial judge that in 18 May 2014 anonymous persons sent emails making allegations of impunity, corruption, incompetence and general impropriety against several officials of the commission.

The said allegations were sent through an email which management of the commission purported to have come from the petitioner.

They submitted that the summary dismissal was unconstitutional, illegal and malicious and was actuated by a personal vendetta perpetuated by two former commissioners.

The court found the allegations against the petitioner lacking evidence and facts to warrant the dismissal of the petitioners.

JUDGES AND MAGISTRATE MEETING POSTPONED AGAIN.

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Kenya Magistrates and Judges Association (KMJA) lawyer Elisha Ongoya, with the association treasurer who is the senior Children court magistrate Derrick Kuto and vice chairman Rashid Omar outside a courtroom at Milimani law courts after high court directed it will deliver a ruling on Monday as to whether to review its decision of the association annual general meeting scheduled for tomorrow on Friday October 30,2015.
BY SAM ALFAN.
Kenya Magistrates and Judges Association (KMJA) annual general meeting scheduled for tomorrow remains suspended until Monday when the court will make a ruling as to whether to review its decision.

KMJA lawyer Elisha Ongoya told the court that, they have complied with court’s orders.
He urged the court to set ai side it order suspending the AGM for a period of four months.

Justice Joseph Onguto, heard that registrar of societies has confirmed that returns have been made and rules to govern the elections of officials of the association have been set out as required by law.

Justice Onguto had put on hold the ,meeting to allow current officials to make returns to the registrar of societies.

The AGM and the general conference was scheduled to take place on 29 and 31 October to elect the association’s officials and a representative to the Judicial service commission.
City lawyer Kevin Turunga Ithagi moved to court seeking to halt the meeting, saying that KMJA since its registration has been embroiled in illegalities and its conducted its business unlawfully.
The petitioner said that KMJA has no registered officials to conduct its business at the AGM, saying that current office bearer are not recognized by the Registrar of Societies no returns have been since 2012.
He told the court that officials of KMJA have through the national council, illegally amended the association’s Constitution and further created additional regional councils, which is contrary to stringent procedures as provided for under its statue.
” Petitioner also assert that the officials of KMJA are in office illegally and improperly and have continued to conduct themselves in a manner not expected of state officers pursuant to Article 10 of the constitution” he told the court.
However the application was opposed by current officials through Elisha Ongoya, saying the petitioner had not demonstrated any rights as been infringed or is threatened with infringement to be entitled to the conservatory order halting the meeting.
He submitted that changed rules were subject for adoption during the AGM, saying the efforts are being made to regularize the association’s records for submission to the registrar of societies.

SENATE TELLS COURT TO STAY AWAY FROM ITS CONSTITUTION DUTY; GOVERNOR WA IRIA IMPEACHMENT.

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ngangaEmbattled Muranga governor Mwangi wa Iria lawyer senior counsel Paul Muite ,Nganga Mbugua and Council of Governors lawyer Peter Wanyama at Milimani law courts on Wednesday October 29, 2015.
BY SAM ALFAN.

The Senate has urged the court to allow its committee to complete its task over the impeachment of Governor Mwangi wa Iria.

Through lawyer Anthony Njoroge the Senate told the court that the impeachment process is the mandate of the Senate and the County Assembly.

He told the court to dismiss the Governor’s application as the orders sought offend the doctrine of separation of powers as it seeks to restrain the senate from undertaking their constitutional functions.
Wa Iria’s Lawyer Paul Muite pleaded with the court to grant the governor the conservatory orders stopping the Senate from debating his impeachment motion.

“The Governor is not responsible for the allegations of misappropriation of funds,” said muite.The counsel was trying to convince the court over the importance of granting the conservatory orders sought on the grounds that the Governor is entitled to fair trial.

He added that the County Assembly of Muranga by purporting to impeach the Governor without giving him an opportunity to be heard or waiting the matter in court to be heard violated the law.

The counsel added that the County Government violated the law by failing to supply the Governor with an impeachment notice and all material evidence that was to be used.

The senate urged the court to dismiss the Governor’s application claiming the orders sought offend the doctrine of separation of powers as it seeks to restrain the senate from undertaking their constitutional functions.

Muite argued in court that the people of Muranga County were not involved in the process of approving the resolution to introduce the motion to remove the Governor.
The Governor wants the court to stop Muranga County Assembly and Speaker of the Senate from receiving, acting or taking decisions against the Governor that are in violation of his constitutional.

He wants a declaration that the resolution by Muranga County approving the motion of the Governor’s impeachment process his right was violated.
Sheriff Sam Mwenda the counsel for Senate said they were just been served with the submissions and needed time to respond.

“The Senate was served on Thursday and we require time to file our submissions,” said Mr Mwenda. This was after Mbuthi Gathenji, representing the assembly, said they needed instructions to know how to respond to the matter.

“We need to react to the application before us and we seek up to next week because on Wednesday I will not be available,” said Mr Gathenji.

Wa Iria’s lead council Paul Muite, wanted the court to grant conservatory orders as soon as possible.
Justice Joseph Onguto did not issue any orders but directed the parties to come for ruling on November 3.
Iria’s lawyers Paul Muite and Nganga Mbugua appeared before Justice Onguto on Monday seeking temporary orders to bar the senate from debating the governor’s impeachment but was directed to appear in court on Thursday for further directions,
Justice Joseph Onguto heard that the speaker of the senate is yet to summon the governors for the hearing of the impeachment motion.
The axe fall on Murang’a Governor Mwangi wa Iria, on October 21 after the Assembly voted that he is no longer capable of being their county chief.
The impeachment motion was tabled in the County Assembly on Tuesday last week by nominated MCA Ms Mary Waithirawho asked her comrades to get rid of the governor over alleged flouting of public finance management and procurement procedures.
In the motion, Ms Waithira said that the governor lacks accountability in management and use of the county’s resources and has incurred a debt of Sh2.5 billion which was never 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 Sh59 Million and no monies had been paid,” the MCA said.
She also claimed that the action puts the county at a very precarious situation which may lead to auctioning of county assets.

Governor wa Iria is said to have allowed misappropriation of county funds by spending public money in private commercial entities.

Ms Waithira said that a report by the Auditor General on the financial operations of Murang’a county executive for the period, 1st July 2013 to 30 June 2014 showed that the County Executive contributed a total of Sh28.5 million 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 said.

High court is expected to make a ruling on November 3.
NAIROBI TIMES was reliably informed that one Member of Parliament from Muranga is the one who sponsored the impeachment motion secretary.

According to the information we have obtained, the governor will sought to know whether he was impeached by the party since the impeachment motion was by a nominated member by the party

The legislator who is accused of being Iria’s woes is said to be interested with contesting for Muranga county governor position come 2017.