Blog Page 154

MURANGA GOVERNOR SEEKS TO STOP HIS IMPEACHMENT.

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Embattled Muranga governor Mwangi wa Iria lawyer Nganga Mbugua with council of governors lawyer Peter Wanyama at Milimani law courts on Friday October 23,2015.,
BY SAM ALFAN.
Embattled Muranga governor Mwangi wa Iria has moved to court seeking orders to stop the Senate from recommending his removal from office’
Muranga County assembly has passed a motion for his impeachment and the speaker has only up today to forward to the speaker of the Senate the impugned resolution.
The governor through his lawyer Nganga Mbugua, told the court, that the manner in which Wa Iria was impeached was unlawful to the extend that he was given an opportunity to defend himself has required by law.
” Without any due process and in utter contravention of the governor’s right to appear and be heard before approving a motion for removal the assembly speaker approved motion for his removal” he said.
Nganga told Justice Joseph Onguto, that denying the governor opportunity to be heard Muranga County Executive violated its own standing order no 67 in which the governor is entitled to appear before the relevant committee.
The right to appear and be heard before adverse action is taken by a body acting in judicial manner is sacrosanct and any action taken is a nullity, he said
The judge heard the court as the custodian of the constitution has power to review the decision of the | Muranga County assembly sending the governor home over alleged misuse of the county money.
There is no valid resolution capable being taken to the speaker of the senate, saying the court should consider issuing conservatory order on the inherent merits of the case.
The court certified the application urgent an directed that same be served upon Speaker of the Senate, Muranga County Assembly and the Senate and the matter be heard on Monday 26 inter parties.
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.
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.
“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 actionputs 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 saidthat 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.
The MCA also said that the county has also been paying 80 ghost workers because there lacks a “precise inventory of the staff establishment.
”Ms Waithira said governor Wa Iriahas repeatedly failed to consult the public over the preparation of county plans, budgets, economy and financial management policies.
The governor, she added “is disregarding the Assembly and undermining its legislative authority, through requisition of monies and not remitting the same, hence crippling the operations of the Assembly and undermining the independence of the latter.”
The resolution to impeach the governor will now be presented to the Senate who will investigate the claims, either approve the impeachment or retain him in office.

JUDICIAL OFFICER FAILS TO STOP PROSECUTION.

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Robert Muli Matolo,a judiciary official who worked at Kilungu law court at Milimani high court .He was charged with sending offensive text Messages to a member of his family.
BY SAM ALFAN.
Suspended judicial officer has lost bid to have his criminal case terminated on grounds that the prosecution failed supply him witnesses statement from pone witness.
Criminal appeal judge Justice Grace Ngenye Macharia , dismissed the application by Robert Muli Matolo who he is charged with sending offensive text messages to John Kikunzi Kivanga.
The judge said that accused before the chief magistrate court had objected the production of data from Safaricom that was to be adduced police expert Hannington Chumba.
The police is prosecution witness number three, whom the judge found that his evidence is crucial in determining the criminal case.
Justice .Macharia, said without the production of the information from mobile service provider the trial court will in a position to make an informed decision for both prosecution and the accused.
“It’s the data that will confirm that indeed the accused used his mobile to send the offensive message which he has denied” the judge said.
The court directed that prosecution do recall witness number three the police officer has its witness.
She said that the prosecution to furnish the defence with witness statement and documentary evidence that it shall rely on within a period of seven days.
The judge further said that defence be at liberty to apply to recall the two witnesses who have already testified for further cross examination either before or after the third witness has given his evidence.
She directed that lower court file be remitted to the trial court for mention on 27 October 2015 before the chief magistrate for directions as to the hearing.
The accused was an employee of the judiciary based ar Kalungu law court; he held a position of executive officer.
The prosecution accuses him that on 11 September 2012 at around 1.00 pm by means of a licensed telecommunication system the Safaricom limited using bis mobile sent offensive text message to Kivanga.
“Your sum is equal to zero and a minus, yes bar zero, below zeros, you have nothing to offer at all, at all, even cold air, you are only 38 years old with nothing to offer only as a tenant in this world, see you in court bye for now” the accuse is said text the message
The judge his finding from the appeal said such offence need to be heard by the court by way of evidence and documentary.

FORMER CBK BOSS KICKED OUT OF MULTI- BILLION TATU CITY.

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Former Central Bank of Kenya governor Nashon Nyaga who have been kicked out from 240 billion lucrative investment.
BY SAM ALFAN.
Tatu City Majority Shareholders have taken over the Sh 240 billion project and consequently kicked out Nashon Nyaga and Vimal Shah from the lucrative investment.
The resolution from the board of the majority shareholders, find that the project was brought to halt by the Nyagah and Vimal who have invested nothing to the project.
The board also kick out city lawyer Nelson Havi from representing the company on grounds that he was appointed by Nyagah and Vimal who had no authority do so.
The board members could not fathom how a lawyer not appointed by the board could file a lawsuit against the company’s majority board directors who have provided all of the financing for the project. Moreover, the lawsuit was filed with the support of minority directors Shah and Nyagah, who did not consult with the board before instructing Havi to file Case No. 46 of 2015. Havi, Shah and Nyagah also stated falsely to the High Court of Kenya that they had authority to file Case
In the consequence the board has appointed Ahmednasir Abdullahi to represent Tatu City has company lawyer.
They have instructed their new lawyer (Ahmednasir) to withdraw all suits filed Nyaha and Vimal against the company
The majority shareholders accuse Nyagah and Vimal of filing suits against the company through the law firm of Havi and company advocates without their authority
This comes after top consulting firm PriceWaterHouseCoopers (PWC) opted out from carrying out investigation into the accounts of Tatu City due to internal wrangle between the local and foreign partners.
The audit firm said shareholders have declined to execute document to pave way for audit to commence.
The Majority shareholders said Nyagah and Vimal insisted that PWC be the only auditing firm, the board ha since established that the local shareholders had good relationship with the firm.
Justice Ogola had ordered for the audit following a stand off between the shareholders on the actual position of loans taken to purchase land for the project. PwC said that shareholders have not agreed on the terms of loan.
“The letter of engagement has not been signed by the parties. There appears to be hostility between the parties which may not allow us to proceed. We are a professional body and some disparaging remarks have been made about PwC by one of the parties. We therefore seek to withdraw from the assignment,” PwC to commence the audit, but did not get a go ahead to investigate the accounts.
The audit report was intended to quantify how much money had been borrowed from the offshore financiers since the project started, and what balance is still owed to lenders.
Foreign partners Stephen Jennings and Hans Jochum Horn had in an application alleged that Mr Nyagah and Mr Shah had good relationship with PwC and that there was likelihood for them to use their closeness to influence the out come of the audit
The dispute has persisted since February and has slowed down the project. Mr Nyagah and Mr Shah alleged that the foreign partner’s wants them removed they manage the project alone
The foreign partners accuse their local partners for breach of contract by transferring land meant for the project.
Consequently the (CID) has recommended for the arrest and prosecution of Mr Nyagah over an alleged action to defraud real estate of Sh5 billion.
Detectives investigating transactions involving the project’s subsidiaries have concluded that Mr Nyagah used close relatives and associates to irregularly transfer shares worth Sh5.3 billion, and has recommended that he and five others be charged in court.
Mr Nyagah and two city lawyers Nelson Havi and Edward Osundwa have since obtained a court order stopping their arrest and prosecution.
The actions of the Tatu City Limited board, carried out in accordance with corporate governance and Kenyan law, to ensure that Nyagah and Vimal, who have invested almost no money in the project, can no longer block the creation of tens of thousands of jobs and homes at Tatu City.

AXE FALLS ON YET ANOTHER JUBILEE GOVERNOR,MWANGI WA IRIA, MURANGA.

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Muranga Governor Mwangi Wa Iria who has been impeached.
BY THOMAS KARIUKI
@thomaskariuki
The axe has fallen on Murang’a Governor Mwangi wa Iria;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.
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.
“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 actionputs 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 saidthat 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 saidthat 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.
The MCA also said that the county has also been paying 80 ghost workers because there lacks a “precise inventory of the staff establishment.”
Ms Waithira said governor Wa Iriahas repeatedly failed to consult the public over the preparation of county plans, budgets, economy and financial management policies.
The governor, she added “is disregarding the Assembly and undermining its legislative authority, through requisition of monies and not remitting the same, hence crippling the operations of the Assembly and undermining the independence of the latter.”
The resolution to impeach the governor will now be presented to the Senate who will investigate the claims, either approve the impeachment or retain him in office.

PATHOLOGIST CONFIRMED THE CAUSE PF DEATH AT CLICK CLUB NAIROBI.

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Director of click club Jackson Maina Wangui and his bouncer Joseph Kirero Sepi and his other co-accused accused of the murder of kevin Onyango on May7,2012 at Milimani law court during hearing of the case..

BY SAM ALFAN.

A pathologist has confirmed a customer who was killed at Click Club in Nairobi succumbed to death has result of gun shot.

Dr Eunice Njue said  after examination of the  body of  Kevin  Onyango which occurred at the Club  relocated along Baricho road, there were no injuries on his  body save for  an entry  wound that was in left side of the  head

“The post mortem procedures were   are explained and described well in the report, “said Njue.

“There were multiple skull fracture lines but further examination of the body did not indicate any other abnormal features as a result of this examination,” court heard

.She said from the examination an opinion has been formed that the cause of death was due to the gun shot.

The director of the Club Jackson Maina is being accused together with his bouncer Joseph Kirero Sepi of murder of Onyango on May7, 2012.

The pathologist told Justice Jessie Lessit if there was other wound elsewhere in body she could have given a different opinion as to the cause of death

The two suspects have since denied the offence of murder

Corporal Edward Kamau who also testified he arrived at the scene and found out that there was a scuffle between the deceased and the accused

“The scuffle started in the third floor before deceased was taken to the fourth floor, I did not collect the blood samples of the deceased because I left that to the Police Investigators,” said Kamau.

He testified that the people within the club were not aware of what was going on in club that day.

The Corporal told the trial judge that when director of the club came to the police station he had a gun with him

Kamau confirmed that the second accused was an employee of the club as a security officer who was not armed at the time..

Andrew Onyango Otieno the father of the deceased said  Onyango was his third born son who used to visit Click Club often to take some beers.

“Onyango was residing at satellite estate at his house but not far from my place and I was working with him as my salesperson at my limited Company, “said the father of deceased

He said his son did not report to work as he was supposed to on May 5, 2012 but after inquiry he was informed that he was with his other brother Ochieng Onyango at a Berber shop within the area.

The court heard he went to that shop and found the deceased with his fiancée on May 5, 2012.

He added that to his surprise his son did not report to work on May 7 and that is where he started looking for him.

The father said that he sent his younger brother Brian Juma to go and check for his brother at his house.

Juma come with the report that the fiancee was there but his brother was missing. The witness said he thought that his son had been arrested.

 

FIRM WANTS KNHA TO PAY SH84 MILLION.

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Lawyer Patrick Lutta for Ikon Prints company limited which is seeking Sh 83.6 million from Kenya National Highway Authority corporation for  pulling down its gantries that were elected along Toyota Kenya limited Westland   Waiyaki highway

BY SAM ALFAN.

Ikon Prints company limited wants the court  to issue an order  compelling Kenya National Highway Authority to pay Sh 83.6 million being a judgment against the state corporation for  pulling down its gantries that were elected along Toyota Kenya limited Westland   Waiyaki highway

The company has made several attempts to recover the money arising from judgment entered in its favor on 7 November 2014 but it has not succeeded.

The print media company through lawyer Patrick Lutta, told the court that judgment was entered in favor of its client and party and party cost has been taxed against the Kenya national Highway Authority at Sh 1.2 million.

He told Justice Joseph Onguto, that if the court makes the order for payment has contained in the judgment and   the same is not complied with  alternative order  for attachment  its properties be issued.

Mr Lutta submitted that the time frame given to State Corporation to comply with judgment has since lapsed and there is a stay of execution from the court of appeal.

“Judgment ought not to be granted in vain and the applicant company is entitled to enjoy the fruits of its judgment” he said.

Mr Lutta told the court that the director general has refused to pay the detrital sum, saying that the state corporation is hiding behind the fact that the there is a statutory bar to attach the Authority’s assets, which provision does not exist in law.

Mr Lutta said that the director general is required by law to pay any judgment sum without delay.
The court heard that the print media company to be allowed to execute the decree against all the properties of the Authority to recover the money owed.

The  continued delay in payment of the amount has contained in detrimental sum is strain on public resources since the judgment is attracting interest at the rate of 12% per annum which amounts to Sh 750,000 per month.

The judge said he will deliver his ruling on 2 November 2015.

GARISSA THREE COUNTY OFFICER TO REMAIN IN OFFICE.

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The 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 High Court has extended orders restraining the embattled Garissa Governor from sacking three county executive officers serving under his government till January next year.

The Employment and Labour Relations Court Judge Hellen Wasilwa extended temporary orders after she declined to vacate orders issued earlier in favor of the three county executive officers Idris Aden Mukhtar, Mukhtar Bulale and Salah Yakub Falah.

The three county executive officers will remain in office and carry their duties pending the hearing and determination of the suit challenging their sacking.

The matter seems to be complicating for the Garissa Governor Nathif Jama who is also facing a corruption case.

The governor obtained temporally orders stopping his arrest and prosecution over the alleged corruption charge.

Earlier the 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 will be heard on 26 of January 2016 for further directions.

NAIROBI TIMES WISHES YOU A HAPPY MASHUJAA DAY.

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NAIROBI TIMES WISHES YOU A HAPPY MASHUJAA DAY.

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SALAT FACES KSH MILLION COSTS AFTER SUPREME COURT DISMISSED HIS PETITION.

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Lawyer Valentine Ataka with Kanu Secretary General Nick Salat’s who lists his electoral petition challenging the election of Bomet Senator Wilfred Lesan at Milimani law court on Thursday September 10,2015

BY SAM ALFAN.

Nick Salat’s loses petition, ordered to bear Kshs 60 million costs after the Supreme Court dismissed a petition filed by Kanu Secretary General.

Supreme Court has dismissed an appeal in which Mr Nick Salat was challenging the election of Bomet Senator Wilfred Lesan.

Salat moved to the Supreme in June last year seeking to have the court annul Lesan’s election win, stating that it was marred by massive irregularities.

Supreme Court upheld a Court of Appeal decision that had dismissed an appeal by Mr Salat.

Mr Salat had lost the election petition at the High Court before moving to the Court of Appeal, which also dismissed his case.

At the Court of Appeal, the politician had claimed that there were “massive irregularities” that he claimed were unearthed during the scrutiny of votes.

Through his lawyer Stephen Mwenesi, Salat asked judges to allow him to seek justice without being declared time-barred.

In opposition, Lesan’s lawyer Paul Lilian said the application could have set a wrong precedence by creating a loophole where all election petitions would be moved to the Supreme Court.

Supreme Court five-judge bench on Monday led by Chief Justice Willy Mutunga ruled that Salat did not provide enough evidence to support his claims that the senatorial election in 2013 was flawed.

Salat came second in the Bomet County Senate race, garnering 98,036 votes against Senator Lesan who was declared the winner with 115,931 votes.

In 2013, the High Court slapped Nick Salat with a Sh70 million bill after his election petition flopped.

The court upheld the election of Lesan, with the Independent Electoral Boundaries Commission (IEBC) demanding that Salat settles the bill for the suit.

He said the High Court judge who dismissed his petition disregarded “cogent evidence tendered by his witnesses to prove electoral malpractices marred voting and counting”.

Mr Salat further stated that he was denied votes in most of his strongholds that were dubiously transferred to his opponent.

Prof Lesan was declared the winner after garnering 115,931 votes. Mr Salat had garnered 98,036 votes.

Mr Salat will have to wait up to next general election.

 

 

 

TEACHER TO REMAIN IN JAIL PENDING HEARING ON DPP APPLICATION.

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A secondary school teacher Hillary Okeyo who is accused of defiling a form one student before a Nairobi court after he was released on a cash bail of Sh 500,000 on Friday October 16, 2015.

BY SAM ALFAN.

A secondary school teacher who allegedly defiled a form one student will now remain in prison pending the hearing of the application by DPP seeking review bond terns.

High court judge Justice Grace  Macharia directed that the Mr  Hillary Okeyo not be released as  ordered by  Chief Magistrate Daniel Ogembo on Friday last week

The judge said due the nature of the offence he allegedly committed and the likelihood that he may interfere with prosecution witnesses, he shall remain in custody.

The DPP through senior prosecution counsel Mr Duncan Ondimu, told the court that trial magistrate failed to material facts placed before while granting bail to the accused.

He said that despite the accused being a teacher has relationship with students who   are prosecution witnesses and he likely interfere.

Mr Ondimu said the accused character antecedents association and community ties are not known.

The offence facing the accused is a serious and attracts a minimum of twenty years upon conviction which can be enhanced into life sentence by the appeal court, he says.

Due to the nature of the charge, the accused is likely to abscond trial, saying it is important that the bail term is reviewed.

The accused was arrested on 12 October 2015 on suspicion of having defiled a student at Higridge secondary school and was produced in court   on 14 October  2015 and entered plea of not guilty.

During the plea taking the prosecution opposed the release of the accused on bail given the gravity of the charge.

The accused on Bond of Sh 2 million with a similar surety with alternative of  cash bail of Sh 500,000

The court fixed the hearing of the application for inter parties on October 28.