Blog Page 153

RAILA SUES DUALE FOR DEFARMATION

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Former

Former prime minister Raila Odinga who has sued the leader of majority Aden Duale.

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.

 

KIDERO TURNS HEATS ON KHALWALE’S LAWYER IN MUMIAS ROW.

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LAWYER PROF.TOM OJIEDA-MUMIAS CASE (2)-1Prof Tom Ojienda for Nairobi Governor Dr Evans Kidero leaving Milimani law courts on Wednesday September 3,20        BY THOMAS KARIUKI.

Nairobi Governor Dr Evans Kidero has now turned his guns on a senior counsel representing Kakamega Senator Dr Bonny Khalwale.

Dr Kidero argues that SC Ahmednasir Abdullahi, lead counsel for Dr Khalwale is the sole conciliator in an ongoing arbitration between Mumias Sugar Company and Mumias Outgrowers Company whose subject matter is valued at Sh3.7 billion.

“The plaintiff present case is likely to be prejudiced. This is because the arbitrator is likely to use the information acquired during arbitration proceedings to the disadvantage of the plaintiff,” Dr Kidero said.

Through his lawyer Prof Tom Ojienda, he said that Dr Khalwale’s defence is pegged on the documents and evidence in arbitration proceedings between Mumias Company and Mumias Outgrowers, Ahmednasir is likely to be called upon as a witness to testify concerning the present suit.

Dr Kidero sued Kakamega Senator for defamation on July 1 over his repeated utterances and publications made between June 26 and July 1 2015.

It is evident the defence has brought before the court the claim for Sh3.7 billion that the Outgrowers company is apparently seeking from the arbitration proceedings, Prof Ojienda said.

The money is alleged to have disappeared during the tenure of Dr Kidero in his tenure as the Managing Director of Mumias Sugar Company.

Dr Kidero accordingly opposed the move alleging that the senator is trying to make the plaintiff personally and veraciously liable for the management decisions that were made during his leadership as Mumias boss.

“Allowing SC Ahmednasir to act for Dr Khalwale would be a gross violation of advocate rules,”

“By purporting to want to lead the defendant in this suit whose defence is mainly pegged on the ongoing arbitration proceedings, Ahmednasir is obviously defying the rules regarding impartiality and independence of an arbitrator.                            His very expression of interest in this matter breaches the duties of an arbitrator,” Dr Kidero said.

Nairobi governor also said that the senior counsel is therefore precluded by his duties as an arbitrator from engaging in any conduct that brings his independence and impartiality into question.

“Pending the hearing and determination of the application dated July 1 2015, there be an order by this court barring Ahmednasir SC from acting as lead counsel for the defendant,” Prof Ojienda says.

KONZOLO’S PLAN TO STOP PROSECUTION OPPOSED.

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LAWYER CECIL MILLER-KAREN LAND CASE (1)-1

Muchanga Investment Limited lawyers Cecil Miller leaving Milimani law courts after the hearing of application seeking orders to stay the graft case against Konzolo.

BY SAM ALFAN.

Muchanga Investment Limited opposed application by former National Social Security Fund managing Trustee Josephat Konzolo seeking to halt criminal proceedings pending before anti- corruption court. The company through its lawyers Cecil Miller and Peter Wena has raised preliminary objection by Konzolo who has moved to the high court Environment and Land Court seeking orders to stay the graft case against him. When the case came for mention yesterday before justice Lucy Nyambura Gacheru, Mr Miller informed the court that he has already filed preliminary objection to the application. He said their objection is 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. In his brief submissions, Miller told the court that the supervisory jurisdiction of the High Court under the constitution and other statutory provisory and rules made .Also suspended CS Charity Ngilu has enjoined in the application as interested party in the case. She is being represented by lawyers Paul Muite and Kioko Kilukumi. However, the judge directed all parties involved to file and exchange written submissions within 10 days and return back to court on September 3, for highlighting of their submissions. 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 through his lawyer Stephen Gikera, 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. In his earlier submissions Gikera said that there is also a pending petition by suspended CS Ngilu which has been 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. He 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 claim ownership of the suit land. “The director of public prosecutions has taken a position diametrically opposed to the stand taken by the Attorney General in the civil proceedings by recommending the prosecution of Mr Konzolo and his company,” Gikera submitted. 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 CS 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. September 15, saying that there will be no prejudice to be suffered by the DPP if the criminal case is stayed, pending determination of the matters before the high court. The court heard that the office of the AG has taken a position that the disputed Karen land according to available government records is registered in the name of the Telesource .com limited

KAINDI REPLACEMENT CHALLENGED.

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IMG_7586LawyerJessie Oduor for Zachary Onsongo submitting before Employment and Labour court lady Justice Monica Mbaru after he filed application court seeking orders to quash the decision of the President to retire and transfer former Deputy Inspector General of police Grace Kaindi.

BY SAM ALFAN.

Human Right Activist has moved to court seeking orders to quash the decision of the President to retire and transfer former Deputy Inspector General of police Grace Kaindi.

A petitioner has filed an application at the Employment and Labour court alleging that President Uhuru Kenyatta violated the constitution in replacing her.

Zachary Onsongo, says that the move by the head of state is unconstitutional, which calls 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 Justice Monica Mbaru, 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.

The lawyer said that the Deputy Inspector-General of Police holds a constitutional office and was appointed on the basis of a competitive process by the National Police Service.

“By virtue of Constitutional provisions and the National Police Service Act, the deputy inspector general cannot be fired without following the due process of the law,” explained lawyer Jesse.

He added that the deputy inspector general has a five year contract which is to end in 2018.

 Kaindi was retired on 31 August 2015 and appointed ambassador whose station was not disclosed.

The court certified the matter urgent and directed that the application by served upon NPSC and attorney general and same be heard tomorrow due the urgency.

President Uhuru Kenyatta yesterday replaced Deputy Inspector General of Police Grace Kaindi in a reshuffle.

The President appointed Joel Kitili, who has been the General Service Unit commandant, to act in her position.

“Kitili will serve with immediate effect, and until the substantive processing of appointment of the next Deputy IG takes place,” the President said.Kaindi has been appointed ambassador without portfolio.

The President also replaced National Counter Terrorism Centre director Isaac Ochieng, who has been appointed ambassador.

Uhuru replaced him with Martin Kimani, who was Kenya’s Permanent Representative to the UN Office.

Kaindi had been excluded from a Sh12 billion police equipment procurement and had earlier been offered a diplomat’s job before yesterday’s shuffle.

The Interior ministry is procuring the equipment through single-sourcing.

In June, National Police Service Commission chairman Johnston Kavuludi had said Kaindi will serve until January 2018.

Kavuludi, in a letter to Inspector General Joseph Boinnet, cancelled the initial letter dated December last year.

The letter directed Kaindi to go on three-month leave pending retirement. She turned 60 on July 25.

“Our letter of December 2014 giving notice for your retirement from October 2015 stands cancelled,” the letter from Kavuludi said then.

 

TSC SEEKS SUPREME COURT TO REVIEW IT DECISION ON TEACHERS SALARY.

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Kenya1441199200570 National Teachers Union Chairman Mudzo Nzili and National Secretary General Wilson Sossion  leaving Supreme court on Wenesday September 2 ,2015.

 

BY SAM ALFAN.

Teachers Service Commission (TSC) has moved to the highest court on the land seeking it to review it last week decision on Teachers payment.

This follows a directive from judges for the parties in the dispute to return to court next week.

TSC wants the Supreme Court to stop the adoption of a 50-60 per cent pay increase ordered by lower courts until its application seeking a review of the ruling is determined.

However, Supreme Court Judge Jackton Ojwang’ has directed the TSC to serve its court papers to the other parties in the case.

“I hereby order and direct that the application in question shall forthwith be served upon all the parties in the case,” said Justice Ojwang’.

The parties should then take a hearing date before the Registrar on Tuesday.

Supreme Court directed TSC to pay teachers their salaries as ordered by Employment and labour relation court judge Nduma Ndeli.

TSC lost it bid to stop the implementation of 50-60% salary increments for teachers before the appellate court that led the commission to rush to the Supreme Court where they suffered a major blow after Supreme Court dismissed their application.

KNUT has already announced countrywide strike, a move that will paralyzed the learning in public schools.

Treasury Cabinet Secretary said they don’t money to pay teachers’ salaries.

The Kenya National Union of Teachers has officially called for the commencement of the nationwide teachers’ strike saying teachers will not resume duty until the Government honors the court order that awarded teachers a 50-60% pay hike.

The union Secretary General Wilson Sossion says teachers will not negotiate with the Government over the court’s order as the Government has the capacity of paying teachers their pay hike.

The nationwide strike has officially commenced today with the Kenya National Union of Teachers saying there is no need to issue a strike notice to TSC as it is a continuation of what began last year.

The ongoing teachers strike entered its third day with no end in sight, and for teachers who have downed their tools the back and forth haggling for a salary rise is symptomatic of serious fundamental problems in the country.

The tussle between the teachers and the Government has left both parents and students especially those that are just about to sit for their national exams worried but KNUT says teachers will remain unmoved by their employers’ plea to resume classes as they only go back to work once their employer the Teachers Service Commission deposits money in teachers’ accounts.

KNUT National Chairman Mudzo Nzili says it is within their constitutional right to demand for a pay increment and will fight on to ensure teachers receive their increment.

According to the Giant teachers’ union they will not negotiate with the Government over the court’s order as the Government has the capacity of paying teachers their pay hike.

KNUT Secretary General Wilson Sossion says teachers do not need to sign performance contracts before getting a pay rise saying teachers’ performance is gauged every year through the national examination.

The official commencement of the nationwide teachers strike came even after the Supreme Court accepted an appeal by TSC challenging its ruling directing the commission to implement a 50 to 60% salary increase for teachers.

Supreme Court Judge Jackton Ojwang directed TSC to serve KNUT and KUPPET with the application it has file in court and directed the parties to appear before the court on next week Wednesday for hearing.

 

FIRM LINKED TO FORMER CBK BOSS PROBED.

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2015-09-02_17.41.11

Lawyer Patrick Lutta for the two city lawyers who are being probed by criminal investigation officers at Milimani law courts.

BY SAM ALFAN.

Directorate of Criminal Investigations (DCI) is investigating offences allegedly committed by two city lawyers Nelson Havi and Michael Osundwa involving changes in the shareholding and directorship of Purple Saturn Properties, a firm connected to former Central Bank of Kenya (CBK) Governor Nahashon Nyagah.

Justice Ngugi was on Wednesday heard that criminal charges have however not been lodged against the lawyers.

The Office of the Director of Public Prosecutions (DPP), through Ashomosi Shitambasi, told the court that the matter is still under investigation and that any criminal charges will be preferred once the DCI has made its recommendations to the DPP.

The two lawyers have in a pre-emptive measure moved to court to challenge their prosecution after being invited to record statements.

Lawyer Patrick Lutta, appearing for the two lawyers, said the intended prosecution relates to a civil suit in which they acted in their professional capacity.

“Any proposed criminal charges will contravene their fundamental rights to a fair trial and administrative action and would amount to an abuse of the legal process,” Lutta said.

Lawyer Ahmednasir Abdullahi successfully applied for the enjoinment of the two complainants, Rendeavour Services Ltd and businessman Stephen Jennings, to participate as interested parties. He said he required 14 days to file a replying affidavit and grounds of objection.

In their petition, Havi and Osundwa said they were instructed by Purple Saturn, between February 24 and March 3, to change its ownership and management and duly informed the Registrar of Companies about the restructuring of the firm.

The lawyers are under investigation for conspiring to defraud Kofinaf Company Ltd of Sh5 billion worth of shares in Purple Saturn Properties Ltd. The offence was allegedly committed between June 13 and August 3.

16 KIHIU MWIRI DIRECTORS CHARGED WITH MURDER OF FOUR FORMER OFFICIALS.

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1441199353518Some of the 16 current and former officials of Kihiu-Mwiri land buying company charged with murder of four director of the company in Kiambu and Murang’a counties at Milimani law courts on Wednesday 2 September, 2015.

BY SAM ALFAN.

Sixteen former and current directors of the controversial Muranga-based Kihiu Mwiri land buying company have been charged with the killing of former officials.

The officials however did not plead to the charges after the prosecution requested for more time to facilitate their mental assessment to determine whether they are fit to stand trial.

The accused persons will undergo psychiatrist examination at the Mathari Mental Hospital before they formally answer to the capital charges.

The accused are Joseph Thiongo, Henry Ngugi, Julius Kanyiri, John Njoroge, Harrison Kibande, Joseph Muchui, Bernard Murigi and Josephat Macharia.
Others facing charges are Mary Mugechi, Joseph Nyamu, Patrick Ikuu, Samuel Njeru, Peter Mburu, Peter Murigi, Zackaria Ngaruiya and John Kamau.

High Court Judge Jessie Lesiit postponed the plea taking to September 21. Seven of the suspects have been in police custody for the last 28 days while the rest were arrested last week.

Deputy Public Prosecutor Catherine Mwaniki last week had made an application to detain seven of the suspects for eight days to complete investigations.

 She had said that more time was required for investigators to recover weapons believed to have been used in the killings.

Justice Nicholas Ombija had given the State until September 2 to either charge or release them.

The sixteen are accused of murdering Peter Kimani Kuria on May 10 at Kihiu Mwiri in Murang’a County. They allegedly committed the offense jointly with others not before the court.

They are also accused of murdering Paul Muhuhi Bernard on June 28 at Majengo Estate in Thika within Kiambu County.

The 16 are further accused of Murdering Josphat Kibe Nyoike and Zachary Chege Kiratu on July 29 along Kihiu Mwiri in Murang’a County jointly with others who were not before the court.

Lawyers Evans Ondieki and Kamau Mbiyu protested that the police of violating the constitutional rights of the accused persons by holding them without charge beyond the statutory 14 days allowed by law.

 Justice Lesiit however directed the counsels to submit their complaints in writing.

The 15 men will be detained at Industrial Area Prison Remand while one woman Mary Mugechi,will be taken to Lang’ata Women Prison.

 

THREE NAROK WARDENS CHARGED WITH MURDER.

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1441195793461Two Narok county government Wildlife Services wardens Moses Kuiyoni (right) and Samuel Kishoyan, at Milimani law courts where they were charged with attempted murder on Wednesday 2 September, 2015.

BY SAM ALFAN.

Three Game wardens linked with the killings of a protestor in Narok during demonstration against the Narok County Governor Samuel Tunai seven months ago have been charged.

Julius Dikirr was charged with the murder of Sikona Ole Muntet on January 26 at Narok County Government headquarters.

Warden Moses Kuiyoni faced a charge of attempted murder of Amos Kosion Losaloi by shooting him during the fracas.WARDEN ON MURDER CHARGE

Their co accused, Samuel Kishoyan was charged with causing grievous bodily harm to James Kimpila Ntempei on the same date.

The four denied four counts before Chief Magistrate Daniel Ogembo at the Milimani law court    today morning.

Dikiri who separately appeared before high court judge Jesee Lessit did not plead to the murder charges.

The judge instead directed the prosecution to take him to Mathari mental hospital for mental assessment before he is arraigned in court on September 18   to formally plead to the murder charges.

Director of Public Prosecution made an application seeking to remand the accused until the matter is heard and determined due to security reasons.

The investigating officer Pauline Njoroge in a sworn affidavit states that investigation showed that the accused persons were culpable for the offences as started in the charge sheet.

DPP through Duncan Ondimu said the accused are facing serious offences and if released on bail they are likely to abscond bail and interfere with witnesses who are based in Narok.

“Based on  the seriousness of the offence, the sentence to be passed  if convicted and the evidence gathered so far ,there is a high likely of absconding  by the accused hence them being flight risk” said in his affidavit.

He argued that the accused are licensed fire arm ho;lder and they are still employees of the Narok County Government where the crimes were committed and the witness in the case facing the accused are based in Narok county.

“The accused are based in Narok County and due to the nature of the employment of the accused, there is a high likehood of interfering with witness” said Pauline in her affidavit.

He said the witness in the cases suffered serious injuries which led to serious disability and they are vulnerable witness.

He further argued due to current prevailing volatile situation in Nairok County and considering public interest, bail should not be granted.

He also opposed the accused to be released on bail due to their own security and prevailing volatile situation in Narok County the accused security cannot be guaranteed.

However, the accused lawyer Kangai objected to DPP application saying the issues raised in the affidavit were speculative and the accused learnt about the arrest warrant through newspapers.

The suspects through their lawyer they told the court that they presented themselves to court after they learnt that a warrant of arrest had been issued against them.

Ogembo said he will deliver the ruling on Friday at 11 A.M whether to release the accused on bond or not.

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

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

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

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

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

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

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

 

HIGH COURT DECLINES TO DISSOLVE PARLIAMENT.

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

COURT EXTENDS ORDERS AGAINST SACKING OF GARISSA COUNTY OFFICERS.

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