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THE FALL OF AN ENIGMA-RAILA ODINGA.

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NASA leader Raila Odinga.

BY THOMAS KARIUKI.

NT EDITOR.

He has been described as an enigma in Kenya’s politics, the father of the freedoms Kenyans are enjoying today, the lubricant that has tirelessly rolled the wheels of institutional reforms, championed democracy and good governance. However, the expiration of a reign as king and a god is inevitable.

Allow me to confer a few events that proclaimed the fall of a hulk, man who served in Kenya as a Member of Parliament, Cabinet Minister, Prime Minister and Leader of Opposition, a man the world knows as a beacon of democracy in Africa, the Rt. Hon Raila Amolo Odinga.

There is one thing, so minute that Mr Odinga did not do during his 2017 presidential campaign. He was never in charge of his campaign.

What am saying is this; Raila sat down, folded his hands pretty, enjoyed amusements, was invited to address the public, followed his advisors to the latter, was thrown in a shallow well and he is been urged to continue digging. Now, what effect do all these true events have on his person?

Raila sat down

Mr Odinga sat down and watched people do things for him. Behind his back, Raila was made to look stupid in the eyes of the public. It is during his campaigns that there were botched nominations awarding cronies of his cronies, it is during this time that Raila had two manifestos whose ultimate revelation was a plan-less leader, it is during this time also that Raila’s agenda was made to look like a revolution. I remember an article written in a local daily on how Raila tried to overthrow the President Daniel Moi’s government. He sat down and did nothing.

Raila folded his hands pretty

Raila watched (clueless) as deserving or undeserving leaders were brought to him as close allies (to whom?) and others thrown under the bus. Raila did not reign on errant party secretariat despite accusations by members of the public that they ruined his party’s nominations. Raila folded his hands and these cronies were brought to him as leaders chosen by the people- someone somewhere knows better. Raila also watched as nomination certificates were dished out like cashew nuts, his close friends for years Paul Otuoma, Nicolas Gumbo just to mention but a few were not needed any longer.

 

Raila enjoyed amusements and was invited to address the public

Raila Odinga was cheated to grasshopper dances which were a clear opposite reflection of the reality. Raila was happy to see big crowds wherever he went. One of the many tasks given to his campaign team was to make Raila look strong in the eyes of the public- the politics of impression. This is to say that it did not matter how the crowds would appear but one thing for sure is that they must appear. Did it translate to votes? This can only be answered in an evaluation report by the party. Raila was made to believe that he had the backing of his strongholds, I remember him say in a rally that his strongholds were intact. Now, what happened in the perceived strongholds? Raila shared his fortunes with Mr Kenyatta on a lesser margin and if not Mr Kenyatta beat him painstakingly. An example is the Kisii and Western regions. Raila, not taking charge was invited to address the publics, at one point it seemed he was following Mr Kenyatta’s plan, like when Mr Kenyatta went to Western, the next day Raila would go to that region. Meaning, Raila abandoned his plans and worked with Jubilee plans. Raila in complete opposite of his 2013 presidential campaign strategy that was principally successful, did not hack plans to meet the people but was invited to meet and address the public contradicting the notion of who needs the public, is it the public that needed Raila or Raila needed the public?

Repeat Presidential Election

The king is naked; no one will tell or even cover him. Witty as he is, Raila Odinga greatest undoing is that he trusted his friends christened advisors so faithfully that he misconstrued the friendship or advice to believe that their interests were his interest. These friends misguided, disallowed or hid the path of ascension to power from Raila. It is Raila advisors and Campaign team that asked him to boycott the repeat presidential election of 2017. Why boycott, what was in, the benefit and or loss for Raila if he boycotted, was it a good decision, what is the way forward for Raila?

The decision to boycott I can vividly tell you, it was not Raila’ decision. A decision was made by a few of the secretariat members, advisors and or a politician (s). I will tell you without fear that it was a stale idea; it did not kickoff, fly-off or paddle-off. The thinking behind it was meant to steal a match but instead stole a match against the initiators. The risk was extremely risky and can be likened to suicide. What benefit was it to Raila, everything that he championed for in his irreducible minimums to the IEBC was swept off like a river. The boycott did not benefit Raila or any other Kenyan. If the opposite happened, i.e. Raila participated in the repeat poll; these irreducible minimums could have formed the basis of him rejecting the poll outcome. Right now, Raila cannot discredit the poll which he never participated in and this assumption can be confirmed by the decision by the Supreme Court of Kenya denying him participation in the second Presidential petition.

In addition to this, the same people or person has advised Raila to swear himself in as a people’s president on December 12 2017. What is the ultimate effect of this? Raila can swear himself in; however, Mr Kenyatta’s presidency has been recognized by the international community having been elected as per the constitutional order in Kenya. Swearing him or purporting to swear himself as the people’s president, Raila actions will be treasonable and as such will not be allowed to participate in any other election as a presidential candidate let alone guarantee his safety. It is a self-defeating idea which will destroy the image of a great man. I wish to know who benefits if Raila is out of the picture. Is it the clamor for a new Luo leader?

Allow me to confirm that it is time for Raila to leave the dance arena. He has danced the best way he was able to and their no point of him saying the DJ or the music is not good or the dance floor is slippery. He can exit the arena honorably, Kenya’s greatest songs are still unsung, and her greatest heroes are still unborn. It is time to call off the campaign. Raila will be remembered for the good things he did and the important decisions he made when the country needed him most. He doesn’t have to destroy a legacy he has built for decades, let others make their own.

This is my thought, one can take it or wholly disregard it, and it is just my thought.

SONKO TO KNOW HIS FATE ON THURSDAY.

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Nairobi Governor Mike Mbuvi Sonko

BY SAM ALFAN.

Nairobi Governor Mike Mbuvi Sonko will know his fate on Thursday this week.

High court Judge Msagha Mbogholi will deliver a ruling expected to allow Governor Sonko sit pretty in the helm of Nairobi county.

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.

FALLEN SUPERMARKET GIANT NAKUMATT FIGHTS EVICTION.

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Nakumatt retail chain store in Diani, Kwale.

BY SAM ALFAN.

Nakumatt Holdings is fighting to retain its supermarkets in Malindi and Kwale.

They moved to court under a certificate of urgency seeking to stop two Landlords from evicting them from their premises.

Nakumatt has urged the court to restrain Sabaki River Holdings located in Oasis mall in Malindi and South Coast Holdings Limited in Kwale from evicting them.

According to the once flourishing supermarket, Sabaki and South Coast are also creditors and a  court order stopping all creditors from attaching distress or execution against Nakumatt assets was issued pending the hearing and determination of the suit.

On November 16 at around 4pm, Sabaki river and South Coast holdings illegally and maliciously re-entered the Premises in purported exercise of their rights of forfeiture.

Nakumatt says that the respondents went ahead to post a public notice purporting to inform the public the Premises had been closed and that the lease has been terminated.

“It is clear that if the application is not heard immediately and orders sought granted, the applicant stands to suffer irreparable loss and damages.

They want the court to issue an order of injunction restraining respondents, their directors, servants, agents or any other person acting on their instructions from closing or interfering with Nakumatt’s access, use, occupation and enjoyment of its business in the Premises pending hearing and determination of the liquidation proceedings.

In a rejoinder, Sabaki River and South Coast say that the order given by the court was not specifically directing to Landlords and therefore they have a right to go on with the lease document.

Last week the High Court stopped the Nakumatt Holdings proceedings after receiving an order from the Court of Appeal.

Justice Joseph Onguto granted the application after Garden City Retail Limited applied to be enjoined in the matter as one of the creditors.

The case will be mentioned on December 4 for further directions.

EACC NABBED FORMER KASARANI MP JOHN NJOROGE USING TREATED MONEY.

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Former Kasarani Member of Parliament John Njoroge/FILE PHOTO.

BY NT CORRESPONDENT.

Former Kasarani MP John Njoroge, who solicited money from a contractor was arrested as he pocketed the sh100,000 treated notes.

The Sh100,000 was supposedly a bribe from a contractor so as to facilitate a Sh3.3 million payment from the CDF.

Abdirahman Mohamed, a contractor, told the anti-corruption court on Thursday that the ex-MP solicited the money from him so he could get paid for a CDF project.

In his testimony before trial magistrate Lawrence Mugambi at Milimani Law Courts, Mohammed was contracted to build a tuition block at Baba Dogo Secondary School.

The contractor further told the court that the MP solicited another Sh50,000 from him on grounds he was going to pay CDF managers to process the Sh3,342,716.77 cheque.

Abdirahman made the revelations when he was led through his testimony by senior state counsel Hellen Mutellah.

He told the court he reported the matter to EACC and was given treated Sh100,000 and a tape recorder for purposes of the transaction with the MP.

“On June 4, 2013 at around noon, I proceeded to the Continental House parking yard using my own car and called Chege so we could meet,” he said.

“A few minutes later, Chege came from his office and sat in the passenger’s seat. I gave him the envelop containing the treated money.

“I asked him to count and confirm whether it was the correct amount he had asked for. I alerted EACC officers who arrested him and recovered the cash from his pocket.”

Chege has denied the charge of corruptly soliciting Sh100,000 from Abdirahman as inducement to facilitate the payment for works at Baba Dogo Secondary School.

He is also accused of corruptly receiving Sh100,000 bribe from the complainant.

The High Court ordered a retrial after the ex-MP sought to have the matter closed.

PRINTING OF NEW SHILLING COULD COMMENCE SOON.

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One thousands note.

BY SAM ALFAN.

A legal tussle that threatened to scuttle currency printing has been withdrawn from court.

De Larue a local printer and Central Bank of Kenya agreed to withdraw the matter.

Justice Chacha Mwita directed De Larue to pay CBK costs for the suits failure to which the court will tax it.

Central Bank of Kenya lawyer Ochieng Oduol welcomed the move.

CBK earlier said that the procurement process of currency banknotes commenced in the year 2014 following an advertisement for pre-qualification of suppliers for production of Banknote Origination Material and Currency printing services.

Oduol told the court that De La Rue were not pre-qualified to tender nor invited to submit tenders or participate in the issued tender Number CBK37/2017-2018.

Currency printing firms De LA Rue and De LA Rue Kenya EPZ Ltd moved to court challenging the Central Bank move of inviting tenders from foreign firms to print the new design Kenyan currency.

In the petition, they wanted the court to stop the tendering process pending determination of the case on grounds that the move will lead to irreparable harm to the local industry

They had accused the CBK of unlawfully restricting the tender process to foreign entities in violation of mandatory requirements guiding the procurement process.

They further argued that there is an increased national security risk in allowing the tender to proceed in its current form without due consideration given to the benefit of local production as well as destruction of the old notes.

De La Rue Kenya CEO, Ian Davies, argued that the law requires all public bodies including CBK to conduct a procurement process that is fair, equitable, transparent, and competitive and costs effectiveness,” Davies said.

MUDAVADI PARTY ASPIRANT ATTACKED BY BABU TELLS IT ALL IN COURT.

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ANC Party Embakasi East aspirant Joshua Otieno Obiende testifying in a petition which jubilee candidate Francis Mureith is challenging MP Babu Owino election. He said he was attacked.
BY NT REPORTER.

Embakasi East Babu Owino attacked his opponent during August 8 elections, the court has been told.

Babu Owino pushed his opponent Joshua Otieno Obiende and his supporters pounced on him and injured him.

“Many people had flocked in the Social Hall but not all the voters managed to vote due to violence that occurred,” Samuel Mwangi a witness told.

Despite the police being there, they could not get the situation under control, he said.

The court heard that the place was marred by quarrels, insults and violence because of the two candidates.

SC James Orengo cross-examining the witness said that it was not Owino who attacked Obiende of Amani National Congress.

He said Obiende was hit with stones by people who are unknown to him.

A video clip was played showing the witness with cut wounds in the face and head.

Obiende said that Babu Owino pushed him first then addressed the goons in dholuo telling them they should work on him properly.

He told the court that he was roughed up by the hirelings, hit on the head then fell down before he collapsed.

“I was taken to KNH by good Samaritans. I was admitted to the ICU for five days before I could gain consciousness,” Mr Obiendi told Justice Joseph Sergon.

On Monday, Mbugua Mureithi running on a Jubilee Party ticket said that the number of voters exceeded the number of registered voters in Soweto and Spring Valley Primary schools.

Mureithi also told the court that election was marred by irregularities.

“Babu Owino was caught on camera bribing voters with money at Greenspan polling stations and the video is in court,” he said.

Mr Muriethi While giving his testimony before Justice Joseph Sergon, Samuel Ayub Mwangi said that when Obiende got into Soweto social hall, he found Babu and whispered something to him after which one of the men standing beside the MP pushed him and he fell on the ground thereby injuring his forehead.

“After Obiende fell down, other people started attacking him while still on the ground,” said Mwangi.

DETECTIVE GIVES SCANTY INFORMATION ON LAWYER WILLIE KIMANI KILLERS.

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Lawyer Cliff Ombetta cross examines investigator David Chemelil during the hearing of a murder case of lawyer Willie Kimani and two others at Milimani law courts on Wednesday November 29,2017/PHOTO BY S.A.N.

BY SAM ALFAN.

A detective investigating the heinous murder of lawyer Willie Kimani, his client and driver cannot tell why the suspect (a police officer) radio call signal was inconsistent.

It was during the hearing of a case  where five people have been charged with killing lawyer Willie Kimani and his driver.

A Flying Squad detective David Chemilil said that his colleague officer’s radio signal was on and off, it was not consistent.

Criminal Lawyer Cliff Ombeta also questioned Chemilil on the where about of a motor vehicle registration number KCG 595H that was used to ferry the bodies of the lawyer and his driver.

“I was never given information of the said vehicle,” responded Chemilil.

Ombeta claimed that the said motor vehicle was used by police officer Fredrick Leliman on the material day and that it is still being held by police.

The police officer was taken to task to explain the suspect’s movement on the material day and what he knew about the frequencies to which he said he tabled what he retrieved from the integrated Command Centre.

Mr Ombeta also demanded to know the movements of the motor vehicle in the pictures produced before court.

“We don’t have the pictures of the vehicles that transported the bodies of the deceased, “said Chemilil

Similarly the witness was unable to explain the technical bit of the radio signals saying that police officer Kennedy Mwadime will explain it because he was the expert.

On June 27, 2016 he was tasked with investigating the movements of over 5 vehicles that were suspected to have been involved in the murder of Kimani, his client Josphat Mwenda and their driver Joseph Muiruri.

The officer said that he never got to know the owners of some of the vehicles but one them belonged to an officer who has been charged in connection to that crime.

“My job was to collect, analyze and link information collected from an integrated command center,” Said Chemelil.

Hearing resumes next week.

DISMISS THIS PETITION, GOVERNOR SONKO TELLS COURT.

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Petitioner Japeth Muroko outside Milimani Law Courts after filing a petition against Governor Mike Sonko/FILE PHOTO.

BY SAM ALFAN.

We urge you not to strike out our case, petitioners ask court after Governor Mike Sonko files an application for its dismissal.

Petitioners Japeth Muroko and Zacheus Okoth Oliech claim that the application by Governor Sonko lacks merit and must not be allowed.

The two told a Nairobi Court that the defects if any in their petition are not fatal to render the petition incurable, defective and hopeless.

They said that Governor Mike Sonko has not demonstrated any prejudice he will suffer by any defect in the petition.

Governor Sonko filed an application last week seeking dismissal of the election petition filed against him saying it amounts to a gross abuse of court process.

He said it was incompetent, fatally defective and ought to be dismissed.

The Nairobi Govenor says that there is no prayer in the petition seeking nullification of his election as Nairobi City County Governor nor is there a plea on the reversal of his election.

“It would not serve the great public interest vesting in the Nairobi County residents to proceed any further with the fatally defective petition,” he says.

He said that by the fact that the petitioners never included his deputy Polycarp Igathe makes the petition incurable and defective.

Governor Sonko says that his election as governor cannot be separated from that of his deputy.

“My motion is therefore based on fact that I find it compelling to save the court precious judicial time and resources and to avoid unnecessary litigation beyond this court,” reads court documents

The matter will be heard on December 4.

GITHURAI CRIMES BUSTER COP ‘KATITU’ PLEADS FOR RELEASE.

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Githurai police officer Titus Musila Katitu with his lawyer Cliff Ombeta outside a courtroom at Milimani Law Courts on Monday November 27,2017/PHOTO BY S.A.N.

BY SAM ALFAN.

‘Katitu’ a policeman who exterminated crime in Githurai but set up for a crime he never committed wants to be released.

Titus Musila, a cop who silenced robberies in Githurai says that he is not the person who killed a man, Kenneth Mwangi in 2013.

Githurai 45 residents fondly called him Katitu and felt safe whenever he was around.

Residents in support of Katitu who spearheaded an operation to wipe out criminals in the area, blocked Thika Superhighway for a week protesting his arrest.

Musila was charged with murdering Mwangi in a ‘clean up’ operation at Githurai 45 in 2013.

He asked Justice James Wakiaga to clear him of the charge and acquit him saying he did nothing wrong.

On October 4, the Judge ruled that the prosecution made a case based on the first impression against the police officer.

Katitu, a popular former crime-buster, said the state has failed to prove he killed Mwangi.

He urged the judge to find that he had nothing to do with the killing as the bullet did not come from his gun.

The former officer said he was posted in the area 10 years before the incident at a time when “shoes were being sold while still on the owners’ feet”.

Katitu also revealed that he belonged to ‘SPIV’, a squad that had been formed to fight crime in Githurai, following complaints from members of the public.

The matter will proceed next month for highlighting of submissions.

BABU OWINO DECLARED HIMSELF THE MP ELECT, IT WAS AN ELECTION OFFENCE, COURT TOLD.

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Jubilee Embakasi East Parliamentary aspirant Francis Mureithi testifying before Justice Joseph Sergon who is hearing a petition which is challenging Owino's victory.

BY NT CORRESPONDENT.

Embakasi East MP Babu Owino beat me through violence, Jubilee aspirant tells court.

Mr Francis Mureithi told the court that Babu instigated violence during the August 8 General Election.

While testifying in an election petition where he is challenging Babu’s win, Mureithi told the court that Babu supporters caused violence on the voting day which disenfranchised his supporters.

“Due to the fear of violence by Babu, his supporters and the complacency of security agencies many of my supporters feared for the lives and they did not turn up to vote. My supporters were disenfranchised and were denied their constitutional  right to vote,” he told Justice Joseph Sergon.

Mureithi who garnered 39,805 votes against Babu’s 43,862, claimed that Babu supporters attacked Joseph Obiende of  Amani National Congress at the Lower Savannah Soweto Social hall on August 8 who went into a coma and admitted in the ICU.

He claimed that Owino committed an election offence by declaring himself the winner before the votes were tallied.

“Babu obviously committed an election offence by declaring himself the winner before the results were declared.

He intimidated the Returning officer where he threatened to kill someone.

“Mimi nimeshinda Mureithi, na lazima ni tangazwe mshindi ama nitaua mtu hapa,” he alleged.

Mureithi said that some polling Stations like Soweto and Spring Valley Primary schools, were marred with violence.

He told the court that Babu Owino announced himself as winner after he threatened  the returning officer.

“Babu Owino was caught on camera bribing voters with money at green span polling stations and the video is in court,” said Murithi.

He said that his agents were not allowed to enter tallying Centre at East African of Aviation. He said the information he was given by the returning officer who is Mr. Wambugu.

“Spring Valley polling station was also marred with violence escalated by Babu Owino, “said Muriithi.

At stream 6 Owino got 92 but was switched to 24.He said that Owino’s supporters attacked Joseph Obiende who was a member of Amani Congress at Lower Savanna Soweto Social hall who went into a comma and admitted in the ICU.

In his petition through lawyer Ham Lagat, Mureithi pointed that most form 35B forms were not signed by IEBC officials.

Babu has also been accused of conniving with police officers to compromise the election process.

While being cross-examined Mureithi also accused Owino of bribing voters and of moving from one polling station to another disrupting voting.”

Babu was caught on Camera bribing voters at the Greenspan polling Station and the video has been produced in court as evidence.” he alleged.

Mureithi has put IEBC on the spot for replacing election officials on the voting day.

He wants the entire election nullified and the IEBC ordered to conduct fresh elections.