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OMTATAH WANTS TO BLOCK IEBC TO DECLARE UHURU AS PRESIDENT ELECT.

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Activist Okiya Omtatta who rushed to court in attempt to stop IEBC to declare President Uhuru Kenyatta from being declared as president elect hour after opposition pulled out of October 26, election.

BY NT CORRESPONDENT.

Activist Okiya Omtatta has filed a case in court seeking orders to stop IEBC from proceeding to announce President Uhuru Muigai Kenyatta as the president elect.

This comes ust a day after NASA presidential candidate Raila Odinga withdrew from participating in the 26th October fresh election,

He argues that if repeat election are not held, at the expiry of the 60 days a caretaker government ought to take over for purposes of ensuring that elections are held within next the  60 days.

Among the order that Omtata is seeking is a declaration that President Uhuru Kenyatta hands over power to a caretaker government and ceases being the person holding the office of the president pursuant to Article 134.

He also wants an order compelling the president Uhuru Kenyatta to vacate office of the president.

He further claims that since the elections under Article 140(3) of the constitution will not be held on 26th of this month, Kenya will not have an elected president and the IEBC cannot declare president Uhuru Kenyatta as having been elected unopposed.

“Failure to conduct the repeat presidential election on 26th October 2017 will inevitably requite the formation of a caretaker government to be in charge of the country for the 60 days period provided under Article 138 (9) of the constitution within which the IEBC is required to hold fresh elections,” claims Omtatah

He wants the caretaker government to be presided over by the chief justice and be formed on 2nd November to draw up a framework and midwife transition.

In the application he wants the IEBC personnel under investigations by law enforcement to step aside to facilitate credible investigations.

 

STAREHE MP JAGUAR FACE HARD TIMES AFTER RIVAL IS ALLOWED TO FILE MORE EVIDENCE ON ELECTION SUIT.

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Orange Democratic Movement Starehe Constituency parliamentary candidate Steve Mbogo leaving Milimani Law Court.

BY SAM ALFAN.

Starehe MP Charles Kanyi Njagua wars pile with his rival now being allowed to file more evidence.

Steve Mbogo has been allowed to file additional material evidence in a suit he seeks to unseat Jaguar.

ODM’s Mbogo claims he has amassed enough evidence that there was systematic interference and manipulation of the results by the Returning Officer.

Justice Frederick Ochieng allowed Mbogo to call in two more witnesses in the case.

He also wants to be allowed to access the KIEMS kit.

The judge cautioned parties in the case to make an extra copy of their suit documents to avoid mischief that is characteristic of election petitions when documents mysteriously grow legs and disappear at a crucial time when a decision is about to be made.

“This will ensure that the matter is not halted as documents tend to disappear during elections,” justice Ochieng cautioned.

Mr Mbogo filed an election petition challenging the election of Starehe Member of Parliament Njagua Kanyi.

The flamboyant businessman claims that the election was not administered in an impartial, neutral efficient and accurate manner in numerous circumstances.

He further claims that the returning officer selectively manipulated and deliberately distorted votes cast in favor of Jaguar.

The businessman says he has evidence that there were systematic interference and manipulation of the results by the Returning Officer.

As a result, Mbogo contends that” the systemic manipulation and distortion of the results renders it impossible to determine who actually won the parliamentary seat, “he says.

Further, Mbogo has accused Jaguar of intimidating and corrupting voters to vote in his favor.

The election to the starehe National Assembly was not administered in an impartial, neutral and accurate manner.

He alleges that IEBC selectively manipulated the votes cast and counted in favor of Jaguar.

Mbogo claims that in a substantial and significant number of instances IEBC grossly inflated the national assembly votes cast in all six wards of Starehe constituency in favor of Jaguar.

He further claims that in a substantial number of instances, the IEBC grossly inflated the National Assembly votes cast in all six wards of Starehe Constituency in favor of the third respondent thereby affecting the final results.

Through his lawyer,  the politician claims that several forms 35 A’s were not signed adding that the parliamentary election was not conducted in accordance with the Constitution and Election Laws.

MY HUSBAND WAS ASSASSINATED, MUCHAI WIDOW TELLS COURT.

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Susan Nyawira,Wife to the late Kabete M.P George Muchai testifies in a murder case of her late husband who was murdered along Kenyatta avenue in 2015.

BY NT CORRESPONDENT.

Former Kabete Member of ParliamentG eorge Muchai was assassinated, widow narrates ordeal to judge.

Susan Nyawira, the late MP’s wife told trial Judge James Wakiaga that the manner in which her husband, his driver and two armed bodyguards were killed was a well planned execution.

She said that before his death, there were ‘bad’ talks in the country which were published both on print and broadcast about wars in COTU.

This she said was following her late husband’s removal from the organisation which acts she termed aggressive.

In a somber narration, Nyawira recounted how they had been having a good time at Galileo in Westlands, Nairobi but her late husband looked uptight and apprehensive.

The only unusual thing she noticed  was a big crowd that came to exchange greetings with her husband.

She said that her husband had a premonition of his death and was tensed even as he partied with them.

Muchai, his driver and two armed body guards were shot dead in a gangland style execution on Kenyatta Avenue.

“When we left the club we drove in front and he was following us from behind, I could see his car and asked my sister to stop when I noticed they had pulled off near  the Kenyatta Avenue bus stop, I didn’t know why they stopped,” she said.

She said while at GPO she then heard  around five gun shots which were made from a heavy firearm but did not see who killed them.

They then called the late Mp and his driver’s phones but they went unanswered forcing them to make a U-turn towards where the late Mp’s car had stopped earlier only to be confronted by the murder scene.

The court heard that prior to the material day the husband had come from Mombasa on an official meeting and he did not inform her of having difference with any person.

She said that the ‘famous’ brief case has never been recovered after the incident.

During cross examination by defence lawyers Nyawira denied being aware of the anticipated killing of the four since they were going to drop Muchai’s driver in town to pick public means to his home in Huruma estate.

After the shooting she said that she found the driver of her husband having gun shot and one of the bodyguard hanging on the door of the vehicle but the husband was still bleeding and was not dead.

She informed the court that she tried to save her husband’s life but the police declined and directed her to go to Nairobi women Hospital to make some arrangements for him before he was taken there for treatment.

The court heard that Muchai died before he was taken to hospital for treatment.

In the case the accused persons are Margaret Njeri Wachuiri, Raphael Kimani Gachii alias Butchcher Kimani Anyonyi alias Musti , Stephen Asiliva Lipapo alias Chokore Erick Muyera Isabwa alias chairman, Jane Wanjiru Kamau alias Shiro and Simon Wambugu Gichamba.

They have denied murdering the former MP, two of his bodyguards police constables Samuel Kimathi Kalikia, Samuel Lekakeny Matanta and his driver Stephen Ituu Wambugu on the night of February 6 and 7,2015 on Kenyatta Avenue, Nairobi.

MUGIRANGO WEST CONSTITUENCY COULD GO BACK TO POLLS.

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Mugirango West Constituency Wiper Parliamentary candidate Stephen Mogaka addressing his supporters during the campaign period before August 8,2017/PHOTO COURTESY.

BY SAM ALFAN.

Mugirango West Constituency could go back to the polls following the failure by the current MP to respond to a suit seeking his removal in time.

Vincent Kemosi Mogaka responded outside the stipulated response time and as such his rival Stephen Mogaka want him dethroned as the MP.

Stephen wants Vincent’s response thrown out for failing to adhere to election petition rules.

IEBC also filed its response outside time.

“Both responses, witness statements and replying affidavits by the MP and IEBC should be expunged from court records.” he says.

Stephen, a lawyer, commenced the proceedings against his rival and IEBC by way of election petition dated  6 September 2017 and duly served personally to the MP and IEBC through advertisement.

The delay has  offended the objective of the election of  Parliamentary and County elections petition rules as provided for under rule 4 of the elections Act, Stephen says.

The MP was nominated by Forum for Restoration and Democracy Kenya  (Ford Kenya) and  got 12,800 votes while the petitioner garnered 9,909 votes from total of 76,392 registered voters.

He has questioned  and contend that the principles on qualitative applied by the IEBC in determining the winner is not applicable.

He  sought the court to look into malpractices committed on systems and process employed to arriving at the  final results.

Justice John Makau will give his determination on October 30.

MAJORITY LEADER IN PARLIAMENT ADEN DUALE RUBBISHES RIVAL’S CLAIMS.

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Majority Leader in Parliament Aden Duale.

BY SAM ALFAN.

I did not bribe voters, Majority Leader in Parliament Aden Duale has told off Farah Maalim.

In a response he has filed opposing Maalim’s petition, Duale says that his opponent should accept defeat.

“The allegation of bribery made by the Petitioner are the cries of a man unwilling to accept defeat and looking to blame others for his obvious failure” says Duale.

He also trashed the petition saying the people of Garissa town spoke on August 8 and their decision must be respected.

Duale said the elections were conducted in accordance with the law and by gazetted Presiding Officers and further that the KIEMS technology deployed was successful.

“The said election was conducted in an impartial, neutral, efficient, accurate and accountable manner” he says.

I was dully elected as Garissa Town Member of Parliament in a free, fair and credible election.

He also said the Petitioner has failed to produce any cogent evidence and failed to prove that my agents and any other person allegedly acting on my behalf were involved in any violence and physical intimidation;

Duale has also termed Maalim’s assertions that there he violated the principles of a free and fair election and electoral processes as baseless and meritless.

“The free democratic will of the people culminated in me being validly declared as the winner of the said election after having garnered the majority votes of the people of Garissa Township Constituency who had exercised their democratic and constitutional sovereign right to vote” said Duale.

He also denied influencing appointment of any of the Presiding Officers and Deputy Presiding Officers as alleged.

Hearing to proceed.

PROPRIETOR OF MEDICAL INSTITUTION CHARGED WITH MURDER OF KRA LAWYER RATEMO.

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The proprietor of Fig Tree Medical Centre based in Ngara who has been charged with the murder of Kenya Revenue Authority (KRA) lawyer Jared Ratemo Mokua.

BY NT CORRESPONDENT.

The owner of Fig Tree Medical Centre based in Ngara has been charged with murder of Kenya Revenue Authority (KRA) lawyer who was abducted and strangled before his body was dumped off Mombasa Road, Nairobi.

The medical practitioner David Muchiri Mwangi appeared before Lady Justice Jessie Lessit of high court criminal division and denied one count of murder of lawyer Jared Ratemo Mokua.

He is said to have committed the offense on July 11, 2017 at the fig tree medical Centre Ngara area Nairobi in Starehe Sub-County.

Lawyer Vincent Nyangayo pleaded with the court to detain the accused at Muthaiga Police Station so that he could hand over the files belonging to the patients.

“The accused is a doctor and a practitioner and I pray that he be held where he was before he was charged so that he can return the files to the patients,” said Nyangayo.

Assistant Director of Public Prosecutions Catherine Mwaniki did not oppose to the application by defense but she said he can only be held there for seven days.

“We have no objection for him being detained at Muthaiga Police Station for seven days but after there he will be taken to Industrial area prison,”
said Mwaniki.

She added that on the issue of plea bargaining, they have not received a letter from higher offices but immediately they receive it, they will act on it.

The prosecutor added that they will avail committal documents to the defense in two weeks’ time.

According to court documents, the deceased was undergoing treatment at the facility.

Mr Jared Ratemo Mokua, 35 and a father of three worked as a supervisor at Kenya Revenue Authority’s Customs and Border Control Department, Consolbase Container Freight Services, Mombasa.

His body was found dumped at the junction of Jomo Kenyatta International Airport/ Mombasa Road long after he went missing. He had been strangled and hit by a blunt object on the head.

It is said that his brother Harun said Mokua had traveled to Nairobi to solve a tax related matter when he met his death.

The Director of Public Prosecutions Keriako Tobiko  after the incident had ordered investigations into the macabre murder of a lawyer working with the taxman.

Mr Tobiko had nominated two prosecutors Cathrine Mwaniki and Riechi Meroka to assist and guide the police investigations into the incident.

Deputy DPP Nicholas Mutuku had earlier written to the Director of Directorate of Criminal Investigations Ndegwa Muhoro to immediately and urgently commence thorough investigations into the murder.

“The DPP directs that at the conclusion of the said investigations, the inquiry file be submitted for perusal and appropriate directions,” said Mutuku in his letter dated July 13.

He and his wife ran a law firm that operates in Ngara area.

According to Harun, Ratemo had passed by his law firm in Ngara and left in hurry for a meeting in town and planned to travel to JKIA to catch his flight.

“When the wife tried to reach him at about 9 am, his mobile phone was not going through. She tried up to late and later decided to make a report to police,” said Harun.

He added police called them to break the sad news of the discovery of the body.

The doctor is also charged together with former Iment Central MP Gidion Mwiti.

The judge ordered the criminal trial to proceed on 14 October this year.

COURT GIVES NOD TO IEBC COMMISSIONERS TO CONTINUE PLANNING THE OCTOBER 26 REPEAT-PRESIDENTIAL-ELECTION.

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IEBC lawyers Wambua Kilonzo and Evans Monari speaking to journalists outside high court building after the court dismissed petition seeking to remove the commissioners at Milimani Law Courts on Monday September 9,2017/PHOTO BY S.A.N.

BY SAM ALFAN.

The High Court in Nairobi has dismissed allegations that IEBC commissioners are ‘dirty’ to hold October 26repeat elections.

In his judgment, Justice John Mativo has said that the Supreme Court did not indict the eight commissioners and as such no one is criminally culpable.

He said that the allegations that the apex court indicted the eight commissioners in it judgement had no basis and as such dismissed the petition in its entirety.

“Besides, the petition was filed twenty days before the Supreme Court rendered its reasons. The petition is premised on totally incorrect factual basis. On this ground alone, this petition is bound to fail,” he said.

The petition, filed by three voters sought the removal of IEBC commissioners with their CEO Ezra Chiloba asserting that Supreme Court found them to have committed electoral irregularities in the August 8election.

The judge also said that he did not find any legal reasons to issue orders sought in the petition.

Justice Motivo said that the petition was unmerited and had no legal basis to issue the orders sought.

He however encouraged public litigation as a highly effective weapon in the armory of law for reaching social justice to the common man.

“It is a unique phenomenon in the constitutional jurisprudence that has no parallel in the world and has acquired a big significance in the modern legal concerns” he said.

COURT OVERRULES EXECUTIVE DECISION REQUIRING TRAVEL CLEARANCE FROM THE PRESIDENT.

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University Academic Staff Union (UASU) Secretary General, Constantine Wasonga with other officials addressing a press conference/FILE PHOTO.

BY SAM ALFAN.

The court has overruled a decision by the Executive requiring Lecturers to get clearance from Statehouse when travelling outside Kenya.

“A conservatory order is hereby granted suspending the enforcement of a circular /letter from Mr Kinyua addressed to all Cabinet secretaries and all principal secretaries, with the directive to circulate to all parastatals under their respective ministries, in so far as affects members of UASU,”

Justice Chacha Mwita issued orders suspending the enforcement of a circular dated 13th September 2017 from Chief of Staff in the Office of the President and Head of Public Service requiring members of UASU to seek clearance from the President before travelling out of the country. The orders to remain in force until 16th of this month when the Petition will be heard.

Through lawyer Gitobu Imanyara the Union has asked the court to restrain Chief of Staff Joseph Kinyua from enforcing any directives pursuant to the said letter  pending hearing and determination of the petition.

On 13 September this year the attorney general signed ,published and disseminated a letter / circular being bearing reference  NO SH/1/6XIV addressed to all cabinet secretaries  and all principals Secretaries with directives to ” circulate to all parastatals.

“RE: TRAVEL OUTSIDE THE COUNTRY-This is to notify you it has been decided, until further advised otherwise, no government official will travel outside the country without clearance by The President. For avoidance of any doubt , the officials in reference include Cabinet Secretaries , Principal Secretaries and Officers in Ministries, Chief Executive Officers of Parastatals and their offices  and Board of Directors of parastatals” state the letter.

The union argues the two circulars all members of the petitioners union and who are Professors , lecturers and researchers have been immediately banned  from travelling out of the country.

The university staff body further claims it members  have banned without any lawful or reasonable cause been barred from. Enjoying their fundamental rights and freedom more particularly leaving the country.

They argued that such external collaboration that involves frequent travel has benefitted and continues to benefit higher education sector as well as the country in innovation, intellectual learning and capacity building.

“The petitioner is a duly registered union of academic staff of the public universities of Kenya which has instituted these proceedings in its own behalf and also on behalf of its members who are professors, scholars, lecturers, teachers and researchers in public universities in Kenya”. reads court documents.

The orders to remain in force until 16th of this month when the Petition will be heard.

The petition was filed by Universities Academic Staff Union, UASU.

 

FARAH MAALIM GIVEN ACCESS TO KIEMS KITS TO CHALLENGE MAJORITY LEADER ADEN DUALE’S WIN.

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Farah Maalim at Court registry while filing a petition against leader of majority Aden Duale on Tuesday September 5,2017 /PHOTO BY S.A.N.

BY SAM ALFAN.

The High Court has given former Parliament Deputy Speaker Farah Maalim five days to access data from KIEMS kits.

This is in connection to a case where he is challenging the election of Majority Leader Aden Duale as Garissa town MP.

Justice George Ong’udi allowed Maalim read only access data extract from KIEMS kits.

The data from the KIEMS kit have been stored in SD’s cards which are at the constituency IEBC offices whereas the KIEMS kit are at the Nairobi offices for purposes of configuration.

However the court declined to grant him orders to scrutinize and recount the votes cast by Garissa people.

Maalim argues that the election of Duale was marred with irregularities and illegalities.

For security purposes parties have agreed to add padlocks to the warehouse doors where the ballot papers are stored.

The court also directed the parties to deposit the keys with the Deputy Registrar of Garissa High Court.

FORMER MACHAKOS SENATOR JOHNSTON MUTHAMA TO FACE COURT TOMORROW.

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Former Machakos Senator Johnston Muthama .

BY SAM ALFAN.

Former Machakos Senator Johnston Muthama is not free yet after High Court overturned a decision by a lower court freeing him.

He will be in court tomorrow, October 6 to have hearing dates for the case where he is accused of making inflammatory statements.

Senator Muthama was accused of hate speech and incitement to violence charges.

Lady Justice Grace Ngenye made the orders following an appeal by the DPP over a decision that terminated the criminal charges against him.

In her ruling the Judge said that she is not persuaded in any way that the DPP in any way abused his powers in charging Muthama.

“I find the application by DPP merited and the same succeeds. I set aside the orders of the lower court issued on July 28, 2016 dismissing the charge against Muthama.”

“I substitute it with an order that the charge sheet filed by the prosecution before Milimani Chief magistrate Court be reinstated,” said the judge.

She further ordered that the trial should proceed as scheduled and the trial file to be remitted back to the court to facilitate the execution of the orders.

Ex-Senator Muthama, was accused of making hate speech remarks at a press conference on June 13, 2016 at Capitol Hill in Nairobi County.

The prosecution alleged that he uttered words to the effect that would create chaos and forcibly storm the IG’s office if “certain people” were not arrested.

On July 28, 2016, then Milimani Chief Magistrate Daniel Ogembo, terminated the charges against the former Senator  saying that the case is an abuse of the court process since he had been arrested and detained for four days alongside five other lawmakers at Pangani police station for an offence committed in 2015 while those of his co-accused utterances were made 2016.

CM Ogembo had also said that it was wrong to have the Senator face trial for charges which are similar to another matter which was also pending before court.

The court had also noted that the charges were not justifiable since the date of arrest and that of the offence being committed were also wrong and the prosecution can not account for the chronology of events before he was charged.

But Justice Ngenye noted that even though Muthama was in custody for four days so as to complete investigations for an offence that occurred June 11, 2016 only to charge him with an offence that occurred in 2015 may raise an eyebrow it was not a conclusive pointer to an intention to abuse of the process of the court.

She said that the prosecution had ample time to amend the charge sheet if there was an error with the dates.

The DPP had asked the court to set aside the lower court decision on grounds that it lacked jurisdiction to deal with matters relating to the interpretation of the Constitution on protection of Fundamental rights and freedoms of persons.

Last year Muthama was charged alongside Junet Mohammed (Suna East), Timothy Bosire (Kitutu Masaba), Moses Kuria (Gatundu South), Ferdinand Waititu, Kimani Ngunjiri (Bahati),Woman representatives Florence Mutua (Busia) and  Aisha Jumwa (Kilifi).

They were separately detained Pangani and Muthaiga police stations on June 15 before they were charged.

Muthama through his lawyer James Orengo, had asked the court to dismiss the charges on grounds that they were defective and does not reach the threshold of a criminal offence.

He had also informed the court that he was not at Capital Hill where the prosecution claims he was with other politicians.

SC Orengo said that he was charged with similar charges in October, 2015 and a repeat of same would amount to abuse of court process by the prosecution.