Blog Page 2

DO NOT RENEW NGO BOSS TENURE, COURT ORDERS INTERIOR CS.

0
Co-ordination on National Government not to renew embattled NGO board boss Fazul Mohammed.

BY NT CORRESPONDENT.

Employment and Labor relations court has ordered cabinet secretary Interior and Co-ordination on National Government not to renew embattled NGO board boss Fazul Mohammed tenure until matter filed in court over the same is heard and determined.

The orders have been issued by justice Hellen Wasilwa.

The judge further certified the case filed by Activist Okiya Omtata as urgent.

The matter will be mentioned on 18th of this month.

In the suit Omattah moved to court and faulted the cabinet secretary Interior and Co-ordination on National Government for failing to commence by 24th July of this year the process of competitively re-appointing or replacing Fazul tenure which he claims ended on 23rd of November .

He says that he is aggrieved that in defiance of the law, Fazul continues in office as the Executive Director of the NGO Co-ordination Board.

He claims that it will be irregular and contrary to both the constitution and statute to retain Fazul in the public service after the expiry of his contract.

According to Omtatah, cabinet secretary Interior and Co-ordination on National Government ought to have sent Fazul on terminal leave and appointed an acting Executive Director on or about 23rd June 2017 but failed to do so.

He now wants the court to prohibit the respondent from extending Fazul’s contractual tenure and order them to commence the recruitment of the new NGO boss according to the law.

According to Omtatah the right to fair labor practices will be violated to the extent that the impugned intended extension of Fazul tenure has blocked those members of the public.

Political activist Okiya Omtatah has filed yet another suit seeking to have NGO board boss Fazul Mohammed removed from office saying that his tenure ended last month.

Omattah has faulted the cabinet secretary Interior and Co-ordination on National Government for failing to commence by 24th July of this year the process of competitively re-appointing or replacing Fazul tenure which he claims ended on 23rd of November .

He says that he is aggrieved that in defiance of the law, Fazul continues in office as the Executive Director of the NGO Co-ordination Board.

In the case he claims that it will be irregular and contrary to both the constitution and statute to retain Fazul in the public service after the expiry of his contract.

According to Omtatah, cabinet secretary Interior and Co-ordination on National Government ought to have sent Fazul on terminal leave and appointed an acting Executive Director on or about 23rd June 2017 but failed to do so.

He now wants the court to prohibit the respondent from extending Fazul’s contractual tenure and order them to commence the recruitment of the new NGO boss according to the law.

According to Omtatah the right to fair labor practices will be violated to the extent that the impugned intended extension of Fazul tenure has blocked those members of the public.

COURT RULES DEPUTY GOVERNORS NOT MANDATORY PARTY IN ELECTION PETITION.

0
Nairobi Governor Mike Mbuvi Sonko

 

BY SAM ALFAN.

High Court has ruled that the deputy governor is not a mandatory party in an election petition challenging the election of a governor.

“There was no need to enjoin Igathe since no allegations has been made against him” ruled judge.

Justice Msagha Mbogholi made the ruling this morning.

However, Judge Msagha Mbogholi struck out the application ruling that the deputy governor is not a mandatory party in an election petition.

The court also noted that there is no single allegation that had been made against Mr. Igathe, therefore his right for a fair hearing have not been violated.
In the application, Mr. Sonko also insisted that the election petition against his August 8election should be dismissed on grounds that it is defective for failure to include his deputy, Polycarp Igathe.

The ruling now allows the petition challenging the election of Mike Mbuvi Sonko as Nairobi Governor will now proceed to full hearing after the High Court on Thursday morning dismissed an application to dismiss the case.

The Independent Electoral and Boundaries Commission (IEBC) had asked the court to dismiss the petition against Governor Sonko saying that it is “incurable and defective for failing to join a critical party, deputy governor, to the proceedings.

Governor Sonko applied for the petition to be struck out for lacking merit through his lawyer Cecil Miller and Harrison Kinyanjui.

IEBC has also asked the court to dismiss the petition saying that the petition against Sonko is incurably defective for failing to join a critical party to the proceedings.

Sonko in his application claims that the petition filed by two voters is defective for failure to include his deputy Polycarp Igathe.

Sonko claims that his election cannot be separated from that of his deputy.

According to Sonko, this amounts to abuse of the court process and is fatal.

The application has however been opposed by the two voters.

The two petitioners Japeth Muroko and Zacheus Okoth Oliech claim that the application by Sonko lacks merit.

They argue that the petition dated 8th September 2017 complies with the law and the mandatory provisions of rule 8 of the Elections (County and Parliamentary petitions) rules.

They argue that the deputy governor was not an elective candidate in the gubernatorial elections and was not nominated by any political party as a candidate.

They further claim that the defects if any are not fatal to render the petition incurable, defective and hopeless adding that Sonko has not demonstrated any prejudice he will suffer by any defect in the petition.

COURT CLEARS FORMER NYS DIRECTOR GENERAL NELSON GITHINJI.

0
Former National Youth Service (NYS) Director General Nelson Githinji.

BY SAM ALFAN.

Former National Youth Service (NYS) Director General Nelson Githinji and two others are free at last.

A case where they were accused with corruption has been withdrawn.

This is following a directive by the Director of Public Prosecution Mr Keriako Tobiko to withdraw the matter under section 87(a).

Senior principal magistrate Lucan Onyina granted the application to have the matter withdrawn and acquitted the three.

Githinji had pleaded not guilty to criminal charges alongside Chief Inspector of NYS Nicholas Juma Makokha and Senior Superintendent Mechanic at the institution Geofrey Kimani Kiriha.

The prosecution had alleged that on June 4, 2014 at NYS headquarters in Ruaraka, Nairobi, Githinji used his office as director to improperly confer a benefit of 497, 355 shillings to himself as cost for repair of his private vehicle.

Makokha was also accused of using his office as inspector of NYS and personal assistant to Githinji to facilitate the repair of the vehicle.

WETANGULA PARTY FORD-K NOMINEE FIGHTS NASA LIST TO EALA.

0
East Africa Legislative Assembly, EALA.

BY SAM ALFAN.

Disquiet is growing in NASA after Ford Kenya assistant general challenged its list of nominees to the East Africa Legislative Assembly, EALA.

The EALA list which has already been forwarded for approval to the National Assembly is been challenged in court by Mr Yasser Ali Sheikh.

He told the court that the list bears no nominee from Ford-K and that his name was excluded from the list that was submitted to the clerk of the National Assembly.

“Ford-K was not consulted nor provided with an opportunity to lobby for its preferred candidate,” claims Yasser

Sheikh claims that there was no legal obligation either on the part of the respondents and the clerks of the parliament to publish the list of the nominated candidates provided by NASA and the petition has been brought at the earliest possible opportunity.

“In failing to take into consideration the inclusion of a member from one of its coalition partners and also a member for the Coast region a stronghold of NASA amounts to a heinous act of impunity on the part of organs of the coalition,” says Yasser

Further, Yasser says that the whole process of nomination adopted by NASA was incurably and fatally flowed in substance, law and procedure and thus contravened article 47 of the constitution.

The petitioner now wants NASA compelled to produce the original written records of the proceedings at which the final decision to nominate candidates was arrived at.

He also wants the court to stop Parliament from recognizing any names of nominees as duly nominated members by NASA to the EALA.

In addition he wants the court to stop the 12 NASA nominees from canvassing, lobbying, campaigning or seeking the support of any member of parliament entitled to vote at the election by the National Assembly and Senate.

Yasser says he was one of the 3 FORD-K whose applications were considered by the clerks of both houses and subsequently forwarded to NASA for consideration as nominee.

On 30th November, he alleges that NASA in complete violation and in disregard of the provisions of EALA rules on nomination the rights and interest of persons as enshrined in the constitution, NASA concocted a purported list of nominees.

Yasser claims that NASA did not involve, consult or grant Ford-K an opportunity to inspect and verify the authenticity of the nomination papers of the eventual nominees.

“The list was arrived at without consulting or involving Ford-K an equal coalition partner and constituent party in the final decision making process,” reads the petition

The petitioner avers that the opposition should be free from bias and above reproach especially in as far as it relates to the nomination of candidates to EALA which is the premier legislative organ of the East African Community.

Last week NASA sent names of their nominees for the East African Legislative Assembly to Parliament.

Raila’s brother Oburu Odinga and Kalonzo Musyoka’s son Kennedy, coalition’s Chief Executive Officer Norman Magaya, Fatuma Ibrahim, Winfred Mutua among others have been nominated by NASA to EALA posts.

Parliament is expected to vet the names

EVEN NASA SUPPORTERS BACKED MY REELECTION, MAJORITY LEADER ADEN DUALE TELLS COURT.

0
National Assembly Majority Leader Aden Duale testifying before a election petition court in Nairobi on Wednesday November 6,2017/PHOTO BY S.A.N.

BY SAM ALFAN.

I was re-elected because of my good development record, National Assembly Majority Leader Aden Duale has told the court.

Testifying in a case where former Parliament Deputy Speaker Farah Maalim wants his election nullified Mr Duale said that even opposition supporters supported him instead of Maalim.

He also refuted claims made saying the election was free and fair and was done in accordance with the constitution.

Duale said that even NASA supporters in the region voted for him and dismissed claims that he bribed voters in the area.

It was Duale testimony that he was re-elected because of his good track record.

The legislator said that the entire constituency is his stronghold and denied claims that he played a role in recruiting the deputy and returning officers in the area.

“I was not involved in the recruitment of the returning officers, that’s IEBC work,” he said.

He also denied allegations that he employed his relatives including his brothers as agents during the elections.

“That’s hearsay. provide evidence, I can account to all the activities of my brothers on that particular day,” said Duale.

The results declared by IEBC were free and fair and a true and absolute reflection of the people’s will.

All parties have closed their case and were directed to file their final submissions and appear January 11 2018 to highlight their submissions before the court delivers its verdict.

Maalim wants the court to nullify Duale’s re-election and order for a repeat poll.

GATUNDU SOUTH MP MOSES KURIA COULD PAY MARTHA KARUA SH20 MILLION FOR DEFAMING HER.

0
Narc-Kenya leader Martha Karua with his Senior Counsel Gitobu Imanyara before justice Joseph Sergon on Tuesday November 5,2017/PHOTO BY S.A.N.

BY SAM ALFAN.

A case where Martha Karua has sued Gatundu South MP Moses Kuria for defaming her will be determined next week Friday.

MP Kuria failed  to put up a defense against Ms Karua’s accusations.

Kuria could pay Martha Karua Sh20 million as damages for claiming that she procured witnesses to fix Deputy President William Ruto at The Hague.

In submissions filed in court through lawyer Gitobu Imanyara, Karua says the remarks made by Kuria were malicious, unwarranted and defamatory.

She said the words damaged her image and reputation, as well as her standing as a politician, businesswoman, family woman and an advocate.

Karua told Justice Joseph Sergon that Kuria made the remarks in Kapsokwony, Bungoma County, on September 21, 2015, at a political meeting.

She also denied the allegations by the legislator that she falsely procured witnesses to fix Deputy President William Ruto at the ICC.

Testifying in court today, Karua denied meeting any officers from ICC who came to Kenya to investigating the happening of post election violence in the country in the 2007/2008 after a disputed general elections.

But she confirmed attending a fundraising held at Gallileo that was attended by the current President Uhuru Kenyatta which was to raise money for victims of post election violence.

Appointed as a Justice Minister in the government that was brokered by a team of eminent persons, Karua said she has never met or interacted with Moses Kuria personally and he first heard of him when he was summoned by the National Cohesion and Integration Commission.

She told Justice Joseph Sergon she was shocked while watching news at 9:00 P.M on Sunday 20 September ,2015 to hear Moses Kuria mention her name to the effect that she met him together with others and drafted a letter to the international Criminal Court implicating Deputy President William Ruto for crimes against humanity.

She said upon watching Kuria making the scandalous and malicious statement against her, she called her lawyer Gitobu Imanyara to seek legal advice.

“I called my lawyer Gitobu Imanyara with view of seeking his advice on Mr.Kuria’s statement which I deemed to be highly libelous, defamatory, scandalous and were geared to portray me as a corrupt individual who bribed people to masquerade as witnesses against the deputy president” Karua told the Court.

She strongly denied any involvement in acts that were geared towards recruiting and coaching of persons to testify against William Ruto, neither did she author any letter , by herself of jointly with Kuria as he alleged.

WOMAN DEFENSE OF DRUNKENNESS FAILS TO SAVE HER FROM MURDER CLAIM.

0
Teresiah Mueni Kilonzo who was sentenced to death.

 

BY SAM ALFAN.

A woman has been sent to jail for stabbing a man to death under unclear circumstances.

Teresiah Mueni Kilonzo was found guilty of killing Maxwell Nyambane Moranga on March 4, 2015 at Dandora Phase IV.

The court also acquitted Wyclife Okweba Onchiri who was accused alongside Mueni.

Justice Jessie Lessit while delivering the Judgement found that Mueni had motive and malice when she stabbed the deceased.

On the day Moranga was killed, a prosecution witness, his cousin and Onchiri were hosted in a house by Mueni and her two girlfriends.

The three ladies were drunk and Mueni complained of feeling like vomiting, so one of her girlfriends pulled out a basin and placed it in front of her.

At this point is when the deceased knocked on the door and called out the first prosecution witness by name and as he stood to open the door, Mueni who was next to the door took a knife from under the table in the house opened the door and stabbed the deceased once on his chest  and closed the door.

She was then disarmed by Onchiri.

In her Judgement, Justice Lessit ruled that Mueni’s choice of a knife, her choice to stab the deceased on the chest all show that her actions were deliberate and calculated to cause grievous harm or death.

“The first accused leaving the scene without any care as to the condition of the deceased is a proof of indifference for what she had done. I find that the prosecution had proved malice aforethought as against the first accused,” ruled the Judge.

Justice Lessit, dismissed claims that Mueni was drunk when she committed the act noting that she knew what she was doing.

“I find that her mind was not under the influence of alcohol as to make her incapable of knowing what she had done. I find that the defense of intoxication does not apply to the case,” Justice Lessit ruled.

BROTHERS TO BE CHARGED FOR FORGING DOCUMENTS TO RUN KIN ESTATE ESTIMATED AT NEARLY A BILLION SHILLINGS.

0
Two businessmen Kuldip Madan Sapra and Ashman Masan Mohan Sapra before Milimani Law Courts on Tuesday November 5,2017.
BY NT REPORTER.

Two businessmen have been arraigned in a Nairobi Court for forging succession documents of their kin.

Kuldip Madan Sapra and Ashman Masan Mohan Sapra who are brothers are said to have petitioned the High Court to grant them letters of administration in the Estate of the late Yogaish Madan Mohan Sapra who died in September 8 2005.

However they did not plead to the charges after their lawyer applied for plea to be differed to tomorrow.

According to the charge sheet, the brothers are accused that on January 12 2011 at the High Court in Nairobi made a false affirmation in relation to the succession cause No, 26 of 2011, in the matter of the estate of the late Yogaish Madan Mohan Sapra, before then High Court judge Isaac Lenaola.

The documents they altered purported to consent a Grant of administration of the almost a billion estate.

They were accused of jointly attempting to acquire from a Nairobi Dental Surgeon Dr. Nisha Supra the beneficiary of the Estate of the late Yogaish Madan Mohan Sapra, a half hectare land parcel at lower Kabete, a house in lower Kabete, a house in Brookside Garden, an apartment in Nyali estate in Mombasa next to Tamarind Restaurant , 4036 shares at Kenya Airways Limited, Mt Kenya Sundaries Retail Shop at Hilton Hotel in Nairobi, Maya Duty Free shops at the Jomo Kenyatta International Airport , Sapra Investments Limited and Green Gems Limited all valued at Sh700,000,000.

They are also accused of falsely pretending that they were the bona fide administrators of the Estate of his late brother Yogaish Madan Mohan Sapra.

Nairobi Chief Magistrate Francis Andayi directed the plea to be differed to tomorrow but released the two on a cash bail of Sh200,000 pending pleading to the charges.

THREE IN DCJ BODYGUARD ATTACK CHARGED WITH ROBBERY.

0
James Wachira, Eric Njuguna and Everyncy Khalifwa before Kibera chief magistrate Joyce Gandani.

BY NT CORRESPONDENT.

Three men who allegedly shot Deputy CJ Philomena Mwilu’s bodyguard have this afternoon been arraigned in court and charged with robbery with violence .
The three appeared before a Kibera court.

James Wachira, Eric Njuguna and Everyncy Khalifwa were arraigned before Kibera chief magistrate Joyce Gandani.

Musyoka was shot three times near Marsabit Plaza and his gun stolen.

The suspects were apprehended in Ruiru on November 17 and the weapon recovered.

They denied committing the crime against police constable Titus Musyoka on October 24 before a Kibera court.

They were each released on Sh1 million bond with sureties of the same amount.

BACK GROUND.

In October, two people who allegedly shot Deputy Chief Justice Philomena Mwilu’s body guard were detained.

The suspects were arraigned at Kikuyu Law Court before Principal Magistrate D Musyoka who ordered them to be detained for 14 days pending police investigation.

According to miscellaneous application seen by NairobiTIMEZ, Evans Khalif and Bernard Aliuba are alleged to have robbed Police Corporal Titus Musyoki attached to the Deputy Chief Justice as a driver.

During the alleged robbery, DCJ’s driver was shot twice on the left jaw and shoulder and a pistol make Jericho loaded with 15 rounds of 9mm taken from him by the suspects who were using a motorcycle Reg. No KMDW 868H.

“It has been proven to me on oath that the purpose of investigations into the commission of an offense and it is necessary or desirable to place in the custody the respondent” ruled the Magistrate.

The offense was committed along Ngong road opposite Impala Club on the October 25.

Detectives said they needed more time to establish the ownership of the said motorcycle and arrest their co-accused who is at large.

AMOUD GROUP OF SCHOOLS MANAGER CHARGED WITH FRAUD.

0
Proprietor of Amoud High School Group of Schools in Eastleigh Abdukadir Elmi Robleh Alias Abdulkader Almi Robleh before a Nairobi Court on Monday November 4,2017/PHOTO BY S.A.N.
BY NT REPORTER.

A Djiboutian alleged to be a proprietor of  Amoud High School Group of Schools in Eastleigh has been charged with fraud.

It is alleged between 1 of July 2015 at Eastleigh estate in Nairobi Abdukadir Elmi Robleh Alias Abdulkader Almi Robleh , obtained 8 million from Yasir Ahmed Askar by falsely pretending that he was in position to incorporate him as a partner of Amoud High School Group of Schools in Eastleigh a fact he knew to be false.

Mr Abdukadir is also accused on unknown dates in Kenya , jointly with others not before court , with intent to deceive , made a certain certificate of registration of schools no. PE/2010/13 dated 22/01/13 for Daru Elmu Acadamy situated in Eastleigh purporting it to be a genuine document issued by the ministry of Education, Science and Technology.

He is further facing similar charge with other other not before court of forging certificate of registration of schools number PR/S/17140/14 dated 22/01/14 for AMOUD HIGH SCHOOL situated in Eastleigh purporting it to genuine.

He is also accused of being in illegally.

It is alleged on the 14 of September 2017 of Eastleigh at 3 street within Nairobi, being a Djiboutian national holder of Djiboutian passport no 16RE28217, he was found to be unlawfully present in Kenya and he did not have a valid pass permit allowing to be present in Kenya contravening regulation 31(6) of Kenya citizenship and immigration regulations 2012.

Mr Abdukadir a father of 15 children through his lawyer told the court that he was not at flight risk and the charges are emerging from business wrangles

He further told the court in October this year, high had released him on anticipatory bail of 50,000 and he complied with investigators.

He appeared before Milimani magistrate Peter Ooko where he pleaded not guilty to all charges and released on a cash bail of 1 million.