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THREAT ON NAIROBI MILLIONAIRE THUITA MWANGI LANDS MAN IN COURT.

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Sammy Kimani Kung’u at Milimani law courts, charged with incitement to violence by threatening to eject from office the chairman of Embakasi ranching company MwangiThuita.

BY SAM ALFAN.

“I will make sure” are the first four words that landed a man in court a second time for threatening Mr Samuel Thuita Mwangi.

The man was charged at Milimani Law Courts with incitement to violence contrary to the law.

Sammy Kimani Kungu appeared before Chief Magistrate Francis Andayi and denied one count of incitement to violence.

The court heard that Kungu had issued insightful words while threatening to remove Thuita from his position on September 30, 2017.

Kungu is said to have had committed the offense at Holy Family Basilica cardinal Otunga plaza in Nairobi

“I will make sure that Mwangi Thuta is ejected from the office of Embakasi Ranching Company Limited and taken away as far as Chania River,” Kungu uttered.

He is to have uttered words uttered words which implied that it was desirable to eject the said Thuita who is legally elected chairman of Embakasi ranching company limited by force, which was calculated to lead to a breach of peace.

The accused had been charged again in the year 2015 with a similar offence. He was released on a bond of Sh 1m with an alternative bail of Sh 500,000.

The case will be mentioned in two weeks’ time.

 

SENIOR ADMINISTRATION POLICE CHARGED WITH LOCALS FOR POSSESSING ILLEGAL GUNS.

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Chief Inspector Hersi Kene Tache was charged alongside Hussein Ibrahim Abdi and Mohammed Hassan Jimale before a Nairobi Court.
BY NT REPORTER.

An Administration Police officer has been charged alongside locals with possessing firearms contrary to the law.

Chief Inspector Hersi Kene Tache was charged alongside Hussein Ibrahim Abdi and Mohammed Hassan Jimale.

They appeared before Chief Magistrate Andayi and denied the charges.

The court heard that on October 15, 2017 along the Eastern Bypass Road in Nairobi, jointly with others not before the court, they were found in possession of two firearms, AK47 without firearm certificates.

They were released on Sh 200, 000 bond or cash bail of Sh 100,000.

FORMER KILOME MP HARUN MWAU WANTS OCTOBER 26 REPEAT PRESIDENTIAL POLLS STOPPED.

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Lawyer Omwanza Ombati with Former Kilome MP Harun Mwau.
BY SAM ALFAN.
Former Kilome MP Harun Mwau want the court to stop the October 26 repeat presidential election.
In a certificate of urgency Mwau says the election is being conducted contrary to the constitution.
He argues that after the Supreme Court nullified the August 8 presidential poll results, IEBC should have conducted fresh nominations before carrying out a fresh election.
In his petition he has sued the IEBC and its chair Wafula Chebukati.
The former Kilome MP’s case comes 10 days to the repeat election.
Mr Mwau through his lawyer claims IEBC has violated the constitution and laws applicable to presidential elections purported through Gazette Notice No 8751 Vol CXIX-No 130 purported to exempt candidates from nomination in fresh presidential elections as ordered by the supreme court after nullification the elections held on 8 August 2017.
He further claims they have violated supreme court order that fresh elections should be conducted according to the constitution and election was.
Mwau claims the commission is seeking to waive provisions of the constitution and the law which they have no power to do.
“As a matter of course if fresh the fresh elections are allowed to proceed as the respondents intend, the supreme court , like night follows the day, will invalidate the same” the documents state.
He says the presidential elections should be conducted in accordance with the constitution due to public interest and also the effect of the elections on the economy and the the strain of public resources .
“It will be unfair , unjust and it will injure public interest for the Court to allow an election to proceed other than prescribed by the constitution” said Mwau.
Mwau want the matter be heard and determined expeditiously and in a timely manner and unless the inexorable illegal and unconstitutional elections proceed creating a constitutional crisis and public uncertainty.

PHONE RECORD LINK FLYING SQUAD TO MURDER OF COOPERATIVE OFFICIAL.

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Flying squad officer based in Nakuru Elias MayakaOnsarigo escorted to Milimani law courts basement cells on Monday October 16,2017.
BY COUNTY CORRESPONDENT.

A flying squad officer whose phone record tied him to the murder of a cooperative union staff has been arraigned in court.

Elias Mayaka  Onsarigo is held in custody for allegedly ending the lives of Nakuru workers cooperative union Secretary and a lady friend.

He appeared before  Justice Jessie lessit but did not plead to murder charges against him after prosecution sought more time to file pre-bail affidavits.

Onsarigo is alleged to have killed the secretary of the troubled Nakuru Workers Cooperative Society  David Gitau, 46, and a woman friend Beth Wandia.

It is alleged that they were shot multiple times by unknown people at Pipeline in Nakuru town on June 7, 2017 and their bodies dumped at Ngong forest in Nairobi county.

Justice Lessit granted the prosecution request and ordered Onsaringo be remanded at Nairobi Industrial Area Remand until October 23 when he is expected to take a plea.

The judge declined lawyer Harun Ndubi’s request to release his client on bond pending the taking of a plea.

“According to the bail and bond guidelines the court must put into consideration the victims, public interest and safety of the accused person. it is also important to consider the caliber of the person facing the charges: the court can not take action blindly,” the judge said.

Justice Lessit also ordered a pre- bail report to be tabled in court on Monday by probation officers and the prosecution to supply the defence with copies of witness statements by Thursday this week.

According to the prosecution, Onsarigo had been linked to the murder by mobile phone communication data.

It is also said that  the officer was adversely mentioned by several witnesses in the case.

Since 2013, the troubled society has been dogged by mysterious murders of its top officials and members.

The killing of Gitau and Wandia in June this year brought to eight the number of officials and members whose deaths have been linked to a row over 64-acre land. Some murders remain unresolved.

Five other officials of the society have died in mysterious circumstances in the last five years.

The elected officials of the Co-operative are alleged to have been mandated to oversee the process of acquiring title deeds for their members, a process that has not  been completed since 1992.

GOVT IS TARGETING SPECIFIC REGIONS , NASA CLAIMS.

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NASA lawyers James Orengo and Norman Magaya chatting inside Justice George Odunga courtroom/FILE PHOTO.

BY NT CORRESPONDENT.

 

NASA is accusing the government of targeting specific regions and killing residents.

In a petition filed at the high court challenging Dr. Fred Matiangi ban on demonstrations, NASA says that the orders are unconstitutional.

They argue that the police are acting and subjecting the public to unjustified harassment, torture, brutality, and killing in selected regions of the Republic of Kenya.

They want orders stopping the police, DPP from effecting or implementing the ban.

Through lawyer Jackson Awele, NASA claims that the police and the respondent’s agents have unleashed terror, violence and have further gone on a shooting and killing spree more specific in areas perceived to be sympathetic to the political cause of NASA.

NASA also claims that the police and agents of respondents instead of exercising their duty as stipulated by law has turned into merchants of death and brutality and instead of protecting and guiding demonstrators who peaceably and unarmed have continued to exercise their constitutional rights they’ve subjected them into untold misery.

“The applicant has been subjected to constant threats and intimidation by officers of IG and Fred Matiangi and its only fair that this court expeditiously intervenes to secure the applicant’s rights and that of their members in order to preserve their rights and fundamental freedoms as guaranteed under the constitution”.

They claim that the right to freedom to peaceably assemble, picket and demonstrate is a fundamental right and any anticipated and contemplated limitation ought to be done in accordance with the law as stipulated in the constitution.

He claim that Matiangi has no basis on law and criminal liability and culpability on a personal basis and that the threat to arrest the applicant on the basis of criminal conduct is unconstitutional, and prejudicial to the applicants constitutional right. Norman Magaya says that Matiangi acted outside the law and in excess of his powers in directing that demonstrators be arrested and investigated or detained for alleged offenses.

In the petition filed by Norman Magaya, he claims that he has been threatened with arrest, charging and detention by Dr. Matiangi. He says that the intended arrest and detention is premised on his notification issued to the police.

“The applicant is apprehensive that should the court not intervene the applicant and its members shall suffer irreparable gross and fundamental contravention of their constitutional rights and freedoms”.they claim.

They say that a blanket ban on the exercise of fundamental rights and freedoms without any justification whatsoever is unconstitutional and borders on illegality and dictatorship which action goes against the rule of law, international law and constitutional dictates in a democracy.

OPPOSITION LEADERS RAILA AND KALONZO COULD BE FORCED TO PARTICIPATE IN REPEAT PRESIDENTIAL ELECTION.

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Raila Odinga and his running mate Kalonzo Musyoka.
BY SAM ALFAN.
BY SAM ALFAN
Raila Odinga and his running mate Kalonzo Musyoka could be forced to participate in the repeat presidential election.
The High Court will on October 24 rule on a case seeking orders to compel NASA leaders to participate in the fresh presidential election.
This is even as the opposition leaders failed to enter their responses in the case.
Last week High Court gave NASA leaders four days to respond to the suit filed by Pokot South MP David Pkosing.
The case, however, kicked off without their participation.
IEBC together with the Attorney General submitted that anyone or a party has a right to boycott the election but has no right to impede the right of others.
The court was told that the constitution prohibits a person from stopping citizens from choosing their leaders.
In the case, Pokot South MP David Pkosing moved to court saying that Nasa leaders are seeking to secure power through a crisis, triggered by failure to hold the fresh presidential election within 60 days as directed by the Supreme Court.
The MP said he is apprehensive that there is a political conspiracy to prevent the Independent Electoral and Boundaries Commission (IEBC), as presently established, from conducting the fresh presidential elections.
According to the MP, if the fresh presidential election that is slated for October 26, aborts by whatever means, Kenya is likely to plunge into a constitutional crisis.

HOUSE MAJORITY LEADER ADEN DUALE’S RIVAL FARAH MAALIM ‘CRUCIFIED’ BY IEBC LAWYER.

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Former Deputy Speaker Farah Maalim before a Nairobi election court during cross examination by IEBC lawyer Issa Mansour on Monday October 16, 2017/PHOTO BY S.A.N.
BY SAM ALFAN.
House Majority leader Aden Duale’s rival Farah Maalim has been put to task to explain the irregularities he has cited in his affidavit.
 
 
He courted trouble after failing to explain all the allegations he had made that the KIMS were compromised.
 
IEBC said Malim produced fake form 35A since they don’t have IEBC Logos.
 
The commission said the documents filed in court by Maalim were not from the commission.
 
He didn’t personally see people bribing but claims negotiations of money going on, on various polling stations.
 
“I didn’t see the bribery literary or anyone being bribed but I saw a crowd negotiating” he said.
 
While being cross examined by IEBC lawyer Issa Mansour he said he did not report to the commission or make a formal report to police or commisdion about his alleged malpractice.
 
All through the cross examination, Mr Farah did not table any evidence to show how how form 34 A and IEBC officials were involved in election malpractices in the alleged polling stations.
 
He confirmed to court that Wiper Party agents signed form 35 A in 97 polling stations.
 
He further informed the court that during the election date at Bura college polling station he alleged to be chased and his brother in-law who was driving him was allegedly assaulted.
 
He informed the court that in Jamhuri polling station the were election normalities in that form 34A were not signed by the presiding officers.
 
He does not have any evidence or information which polling stations that the results were announced are different from those counted in the 97 polling stations in Garissa Constituency.
 
There is no incriminating evidence produced in court by way of photos or videos showing how the ballot were broken before counting.
 
Maalim did not launch a formal complain with constituency commission offices that the IEBC officials allegedly campaigned for Aden Duale as he claims.
 
He has not also sworn affidavit in court showing there was  violence in some polling stations and voters intimidated and chased away.
 
He did not table in court any particulars which polling stations his agents were chased away.
 
He informed the court that some poling stations there were multiple voting and he could not give evidence of the names and numbers who voted twice as he claims.
 
None of his agents filed affidavit in court showing that form 34A were not accurate and verifiable as he alleges.

PROBE KUWAIT AMBASSADOR, STAFF ASK STATES.

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Kuwait envoy Qusai Rashid.

 

BY NT CORRESPONDENT.

Probe Kuwait Ambassador Qusai Rashid Al-Farhan, former senior staff in the embassy plead.

They say that they were sacked on flimsy grounds and want their former boss’ diplomatic immunity removed so that he can face the law.

There has been a serious allegation over the conduct of the envoy since he came to Kenya more than three years ago.

He is alleged of victimizing and sacking the local staff served some of whom have for over twenty years.

Mr Rashid has been blamed for undiplomatic behavior and refusing to implement the labour laws of Kenya to the local staff working at the embassy.

Some staff have also asked the government of Kuwait to investigate the claims.

Since he was posted to Kenya, the envoy had been very unpopular even to other diplomatic circles over allegations of undiplomatic behavior.

The mission is yet to implement the labour laws of Kenya to his local staff.

However, economics and relations between Kenya and the state of Kuwait remain cordial.

SONKO SAYS HIS GUBERNATORIAL VICTORY WAS CLEAR AND CREDIBLE.

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Nairobi Governor Mike Mbuvi Sonko addressing Nairobi County Assembly.
BY SAM ALFAN.

Nairobi Governor Mike Mbuvi Sonko says that he was validly elected as the County Boss.

The governor has denied allegations that there were unregistered people who cast their votes during the August 8th election gubernatorial election adding that there is no basis for an order of scrutiny of the ballot boxes and materials including KIEMS kit.

Through his lawyer Harrison Kinyanjui, the governor says that the Nairobi gubernatorial election process on August 8th 2017 was carried out within the law, neither were there irregularities or illegalities that would render the process a sham as alleged by the petitioner.
He also trashed the petition saying the people of Nairobi spoke on August 8 and their decision must be respected.

“The votes in the said gubernatorial election for Nairobi County were counted at the respective polling stations in the presence of all candidates Agents who were present, “argues Sonko.

He has further deny claims that his agents not manipulated or interfered with the said elections.

In his replying affidavit Sonko argues that there were no irregularities and illegalities in the counting and tallying of votes.

“The forms 37A from the polling station were properly received by the returning officer in accordance with the law, “reads the affidavit.

Sonko has listed down six issues that he wants the court to determine in the election petition against him among them whether the petitioner in the case –a voter Japheth Muroko has laid sufficient basis for scrutiny of the said election.

In the petition Japheth Muroko claims that the elections were done contrary to the provisions of the constitution.

He claims that the agents of the former governor and his party were either completely denied from accessing stations or they were given limited access to specific stations which allowed massive irregularities costing the former governor his seat.

Former Nairobi County governor Evans Kidero made an application to court intending to be enjoined as an interested party to the petition.

Kidero argues if enjoined in the suit, he will present additional concrete evidence to of the expansive unprecedented electoral malpractices and irregularities concerning the Nairobi County Gubernatorial election.

Mr Sonko asked the court to dismiss the election petition challenging his election.

AUKOT’S PRESENCE IN THE BALLOT CONTESTED.

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Lawyer Elias Mutuma with Thirdway Alliance Party leader Ekuru Aukot leaving Milimani Law Court after High Court orders his inclusion in the October 26 elections.
BY SAM ALFAN.

Narok South voter, Abraham Kiplangat Mutai challenges inclusion of all presidential in the October 26 polls.

The aggrieved voter, through lawyer Nelson Havi , lodged an urgent application before Court of Appeal seeking to suspend the participation of the candidates pending the outcome of the appeal against the October 11 decision by the High Court Judge John Mativo.

High Court ordered Independent Electoral and Boundaries Commission (IEBC) to include Thirdway Alliance Party leader Ekuru Aukot in the ballot for the October 26 repeat presidential election.

Abraham Kiplangat Mutai claims that High court judge John Mativo erred in law, in holding that Dr. Ekuro Aukots exclusion from the fresh presidential election was discriminatory and unconstitutional.

“The applicant has appealed against the decision of the high court directing the inclusion of the Ekuro Aukot in the presidential election for 26th October which election is deemed to have been cancelled following the withdrawal from the race by NASA leader Raila Odinga,”reads court documents.

He now wants the court of appeal to set aside and dismiss the entire judgment.

Through lawyer Nelson Havi, the petitioner says that the high court decision amounts to a contravention of section 14(1) (b) of the Election act ,no.24 of 2011.

He claims that the high court erred in law when it ruled that the Supreme Court interpretation of the meaning of fresh election was not binding upon him and that he erred in law by directing IEBC to gazette Aukot as a candidate in the fresh election, outside time.

The appeal has been filed just three days, after high court ordered Independent Electoral and Boundaries Commission (IEBC) to include Thirdway Alliance Party leader Ekuru Aukot in the ballot for the October 26 repeat presidential election.