Blog Page 37

FARAH MAALIM CHALLENGES ADEN DUALE ELECTION.

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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 NT CORRESPONDENT.

Former National Assembly speaker Farah Maalim wants IEBC ordered to conduct afresh parliamentary election for Garissa Township.

He is claiming that Majority leader Aden Duale was not validly elected.

In an election petition filed this afternoon challenging re-election of majority leader Aden Duale as Garissa Township Member of Parliament, Maalim says that there was massive irregularities in the August 8th elections.

Maalim wants court to direct that the respondents in the case jointly and several committed election irregularities.

He further wants the court to order IEBC to avail all material including voter registers, counterfoils used for all polling stations and electronic devices and equipment for the Garissa Townships Parliamentary Election within 48 hours.

He claims that Duale supporters were allowed to vote more than twice and were not marked with indelible ink as they  presented their identification but were not keyed into kits as having voted thus voted severally .

“This was in clear contravention of the Elections( General)Regulations laws” Maalim clai

Maalim says calims that there was deliberate proloined delay in areas perceived to be his strongholds on Election day causing long ques aimed at denying voters their constitutional rights.

GOVERNOR ALI ROBA VICTORY CHALLENGED IN COURT.

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Former Devolution ministry administrator Hassan Noir leaving Milimani Law Court after filing a petition challenging the victory of Mandera governor Ali Roba on Monday September 4, 2017/PHOTO BY S.A.N.

BY NT CORRESPONDENT.

The Economic Freedom Party Mandera governor candidate Hassan Noor Hassan has challenged the election of Mandera  governor Ali Ibrahim Roba in court.

Mr Noor who is former Devolution ministry administrator claims that the elections were marred with massive electoral malpractices and irregularities that substantially affected the outcome of the gubernatorial elections in specific polling stations within Mandera North Constituency particularly Ashabito Ward , Guticha Ward ,Morothile Ward , parts of Rhamu Ward and Rhamu-Dimtu Ward that led to him being rigged out in favor of Roba.

He furthur claims that the petition raises several discrepancies in figures entered in Form 34A and 34B.

He wants the court to order IEBC preserve and keep all the Kenya Integrated Electoral Systems Kits (KIEMS)used for all the polling stations and tallying Centers with respect to the gubernatorial election for Mandera County held on 8th August 201T within Mandera North Constituency for purposes of preservation of material evidence .

He wants all the ballot papers used during the elections kept well.

In the petition filed this afternoon at the Milimani Law Court, through city lawyer Tom Ojienda the petitioner wants IEBC ordered to all the election materials including ballot papers.

He claimed presiding officers were deliberately delayed from reporting to their polling stations the day before elections to enable their replacement with strangers.

He alleges EFP agents were assaulted and chased away from various polling station in presence of police officers.

Noor wants read only access to information relating to the number of servers limited for Mandera North Constituency among other items.

Governor Ali Roba of Jubilee Party retained his seat after garnering 67,470 votes against Noor’s 57,937.

Noor claimed the electronic voting system was tampered with to give his rival undeserved victory.

The former Rift Valley provincial commissioner alleged JP interfered with the Kenya Integrated Electoral System especially in his Lafey and Banisa strongholds.

BID TO BLOCK SHAMALLA NOMINATION FLOPS.

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Nominated Member of National assembly Jennifer Shamalla st Milimani Law Courts /FILE PHOTO.

BY SAM ALFAN.

High court has dismissed a case challenging the nomination of city lawyer and nominated Member of National assembly Jennifer Shamalla by Jubilee party to represent marginalized community in the National Assembly.

Justice John Mativo ruled that the  case filed by former Jubilee Elections Board Chairman Aden Noor Ali has no merit and the applicant had not satisfied the threshold to be granted the orders sought.

The court further ruled that the case has no arguable merit and did not deserve the leave sought.

In the case Noor moved to court seeking to have Shamalla’s name substituted with his claiming that he is from the minority Somali while she is from the Majority Luhya and represent no known special interest.

Noor filed an application under the certificate of urgency, stating that Jubilee Party illegally gazetted Shamalla as a nominee to the National Assembly.

He claimed that IEBC illegally Gazetted Shamalla as a nominee of Jubilee Party to the National assembly to represent special interest yet there was an order from the Political Parties Dispute Tribunal stopping the same.

“The action is against a decree and order issued by the Political Parties Disputes Tribunal on July 29, served by the Jubilee Party, owing to the fact that Shamalla will be sworn in on August 31,” Noor said in the affidavit.

He is seeking leave to be granted to apply for an order of certificate for purposes of quashing the gazette notice, which relates to the nomination of Shamalla by the party to the National Assembly.

Noor wants the court to prohibit the Parliamentary Service Commission from swearing her in as a nominee.He also wants an order to compel the IEBC to gazette him as a nominee of Jubilee Party to the National Assembly to represent the marginalised group.In his application, Noor also asked the court to summon IEBC chairman Wafula Chebukati to appear and show cause why he should not be cited for contempt.

He filed the application on grounds the parties tribunal issued a decree, directing Chebukati and the chairman to strike Shamalla’s name off the list of nominees of Jubilee Party to the National Assembly.
The tribunal further ordered that the IEBC reconstitutes the party list in accordance with the law.
“Chebukati has failed, neglected and refused to comply with the decree of the Political Parties Disputes Tribunal made on July 29,” the affidavit said.

Mr Noor supported his affidavit by saying that he is fit for the position as he comes from the marginalised community and he is a member of Jubilee Party.

 

INVESTORS SUED OVER SH 13 BILLION PROJECT.

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Lawyer Donald Kipkorir outside Milimani Commercial court after filing a case against German and British companies over 13 shillings hyacinth contract.

BY SAM ALFAN.

A German and British investors sued for 13 Billion shillings energy project in Homabay County.

Watts Dynamics Limited through Lawyer Donald Kipkorir claims that the idea for a power plant to run on hyacinth and developed the same between the years 1998 and 2006.

The firm argues that it conducted successful laboratory testes and thereafter sought partners to undertake feasibility tests for the said Biomass Power Plant Project.

It then provided the German African Energy Council GMBH and PetSchow and Thiel Project management the details of the said project for review on the technical and economic viability.

He claim that the other defendants have by way of false misrepresentations and with intent to defraud it, have fully taken over the Biomass Power Plant Project without appropriate compensation.

They claim that as a result of the said fraud and misrepresentation the company has suffered and continues to suffer loss.

The company claims that the two respondents represented themselves to the Equinox Energy Capital Limited that they can complete or cause to be completed the Biomass Power Plant without their input who are the initiators of the project.

“The plaintiff has now learnt with consternation that the respondents are near completion of the Biomass Power Plant Project and are just firming up minor details, “claims Watt Dynamics Limited.

They claim that the two defendant’s main obligations were to drive the project form a technical and financial perspective, to provision of all finances to complete the project.

They want the court to declare that Watts Dynamics Limited is a bonafide shareholder of Thika Way Investments Limited.

Further they want the court to issue a permanent injunction be issued restraining the defendants from transferring , selling offering sale ,advertising for sale or in any other manner whatsoever dealing are with the Biomass Power Plant Project for 25 years.

Similarly the company is seeking general damages for breach of contact against the respondents.

Hearing to proceed for further directions.

ELECTION COSTS HUSBAND DEAR WIFE.

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James Waweru who his political difference with his wife Naomi Syombua has cost him his marriage speaking to NairobiTimez.com on Thursday August 31,2017/PHOTO BY S.A.N.

 

BY SAM ALFAN.

The election flood came, went with its usual victims hopes and promises. It left a trail of heartbreaks, career suicides and even marriage wars.

Before carrying everything on its way, it brought together friends and nemesis, cultivating political hatred and differences which have adversely been displayed in the country since.

Social media and public events have seen messages of hatred spread like bonfire with a majority of leaders and social media users calling for peace and tolerance.

But the thought of homes getting broken due to such differences has not been much of a thought but evidently, there are a lot of homes experiencing the heat.

James Waweru is a devastated man. His political difference with his wife Naomi Syombua has cost him his marriage.

“Kuna wakati tulikuwa tunawatch tv. Ulikuwa ni ule wakati wakamba walimpigia Uhuru nduru sasa nikaambia bibi yangu, wakamba kama hawatampigia Uhuru na Mutua kura, watakuwa wajinga…..(There was a time we were watching tv. It was that time when Kambas booed Uhuru. So I told my wife, if Kambas won’t vote Uhuru or Mutua, they will surely be fools” said James.

It is those words that led Naomi pack and walk out of their 21 years of marriage.

His love for the president should not have been stronger than his marriage, he regrets. And now all he wants is for his wife and children to come back home.

He says he cannot stand the celebrations knowing his own marriage is at stake.James Waweru and Naomi Syombua are among the many couples struggling with difficult political differences in mixed marriages considering the kind of emotions many people invest in political leaders and parties.

Video to follow

MAN WHO KILLED LOVER MET ON FACEBOOK TO FACE CHARGED.

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Richard Nyakina is alleged to have killed Lydia Nyaboke on the 23rd July 2017 before a Nairobi Court.

BY NT REPORTER.

A man who allegedly killed 26-year-old woman on their first date was this morning arraigned in court to face murder charges.

Richard Nyakina is alleged to have killed  Lydia Nyaboke on the 23rd July 2017.

According to the charge sheet presented in court by the prosecution it is alleged that he committed the offense at unknown time at Ngong Forest Mutuini Block in Dagoreti South,Nairobi County.

He however did not answer to the charges since he did not have a lawyer to represent him.

The plea was deferred to 7th of September.

It is alleged that the deceased was staying with her younger brother in Ngara, Nairobi, was reportedly meeting her boyfriend for the first time and had promised to be back before the end of the day.

According to one of the local daily, the body of an unknown woman had been found there and  taken to City Mortuary.

The newspaper further said confession of the suspect and the report in the police occurrence book at Mutuini Police Post prompted the detectives to call the family.

The police then accompanied Japheth to City Mortuary where he positively identified the body.

Lydia’s father Zachariah Mogeni Onono and mother Irene were called to Nairobi on Sunday and they also helped to identify the body yesterday. A postmortem report indicated Lydia died from strangulation.

Richard Nyakina, the suspect, told investigators that he had known Lydia for over a year and he killed her for allegedly cheating on him.

He told the detectives that on the fateful day, Lydia received a call from another man who was referring to her as ‘sweetie’ and upon demanding to know who the caller was, an argument ensued.

He then hit her on the head and later used her bra, blouse and shoe laces to strangle her to death.

NAIROBI COUNTY EMPLOYEES FACING GRAFT CHARGES RELEASED.

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Seven Nairobi County Government officials Reuben Gachukia, Luke Gatimu, Maurice Ochieng, Nixon Awuor, Shaban Asman, Bedan Wambui and Chrispin Oyiro before a Nairobi Court on Wednesday August 30,2017/PHOTO BY S.A.N.

Seven Nairobi County Government officials Reuben Gachukia, Luke Gatimu, Maurice Ochieng, Nixon Awuor, Shaban Asman, Bedan Wambui and Chrispin Oyiro before a Nairobi Court on Wednesday August 30,2017/PHOTO BY S.A.N.

BY CORRESPONDENT.

Nairobi Court has released seven Nairobi County Government employees who were arrested yesterday on cash bail of 50,000 each.

The were arraigned in court and charged for being in possession of 7 million shillings this morning.

In her ruling Milimani Residents Senior Magistrate Tobiko Nkini Sinkiyian said that the prosecution had not tabled compelling reason to warrant further detention of the county officials.

Tobiko  also noted that the prosecution before arraign the suspects in court did not take time to  investigate the allegations made by Governor Mike Sonko and why it was necessary to continue holding the suspects for five days.

“It is now a week since the said money was found and l truly believe that steps would have been taken by the police or their employer by may restricting them to access the offices to avoid any interference with witnesses or documentary evidence pending investigations,”.

They were found in possession of 7,803,876 Shillings in their offices, which ought to have been deposited by close of business on August 22.

Reuben Gachukia, Luke Gatimu, Maurice Ochieng, Nixon Awuor, Shaban Asman, Bedan Wambui and Chrispin Oyiro. They were arraigned before Resident Magistrate Sinkian Tobiko.

The prosecution however applied to have the seven detained for five days to enable police conclude investigations. In an affidavit by Investigating Officer Moses Gituathi , the seven accused persons conspired to steal form the County Government of Nairobi.

‘’The investigating team is yet to recover revenue collection books, banking record books, banking slips and computers from the respondents of which are vital evidence in the case,’´argued Gituathi.

The accused are chief cashier, finance officer, head of treasury head of revenue, in-charge of bank reconciliations and assistant cashier respectively.

COURT GIVES PARLIAMENT GO AHEAD TO SWEAR IN LEGISLATORS.

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National Assembly.

National Assembly.

BY SAM ALFAN.

The court has dismissed a request to halt the swearing in of MPS.

A women lobby had asked the court to stop the process slated for Thursday.

Women Candidates Network Kenya (WOCAN-KENYA) also wanted all party lists prepared and submitted to IEBC revoked.

“If the swearing in proceeds before the determination of the petition the same will be rendered nugatory,” Interim Secretary General of the lobby Catherine Omayo said.

Through lawyer Gitobu Imanyara, the women asked the court to order that Section 34(9) and 35 of the Elections Act are unconstitutional to the extent that they bar and discriminate women and the marginalized.

“The effect of the provision is to discriminate against women and other marginalized members who have at-least made an attempt to represent the party in the general elections, but as the democracy would have it, they lost,” she said.

Among the challenges women face in electioneering period, they told the court are harassment, insecurity and blatant intimidation.

Justice John Motivo directed the matter be mentioned on Monday for further directions.

PERSONS WHO TRIED TO DEFRAUD RAFIKI BANK CHARGED.

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Three suspects Peter Njoroge Kinyanjui, Chris Muriuki Waithaka and Maureen Kanyi Magiri who denied conspiring to defraud Rafiki Microfinance Bank 12.2 Million shillings.

Three suspects Peter Njoroge Kinyanjui, Chris Muriuki Waithaka and Maureen Kanyi Magiri who denied conspiring to defraud Rafiki Microfinance Bank 12.2 Million shillings.

Three suspects Peter Njoroge Kinyanjui, Chris Muriuki Waithaka and Maureen Kanyi Magiri who denied conspiring to defraud Rafiki Microfinance Bank 12.2 Million shillings.
Three suspects Peter Njoroge Kinyanjui, Chris Muriuki Waithaka and Maureen Kanyi Magiri who denied conspiring to defraud Rafiki Microfinance Bank 12.2 Million shillings

BY NT REPORTER.

Three businessmen men among them a woman have been charged with conspiring to defraud Rafiki Microfinance Bank 12.2 Million shillings.

 

It is alleged on the 28 August this year at known place jointly with others not before court conspired to defraud Rafiki Microfinance Kenya Limited Kshs 6,137,245. The three are Peter Njoroge Kinyanjui, Chris Muriuki Waithaka and Maureen Kanyi Magiri.

 

Peter Njoroge Kinyanjui is accused of stealing 2,678,638 from Rafiki Microfinance Bank at Head office in Biashara street the property of the said Bank.

 

Chris Muruiki is also facing a charge of stealing 2.7 million from the same bank head quarters.

 

Maureen Kanyi Kagiri is accused on 28 August this year st Rafiki Microfinance Bank stole 759,609 from the said Bank Head of Office Biashara street.

 

They pleaded not guilty before Nairobi Senior Principal Magistrate Martha Mutuku.

 

They were however released on a cash bail of 100,000 each. The matter was reported at KICC police station.

WETANGULA BODYGUARD DENY PUSHING CENTRAL OCPD.

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Bungoma Senator elect Moses Wetangula bodyguard Simon Lonyia before a Nairobi Court on Wednesday August 30,2017.

BY SAM ALFAN.

Bungoma Senator elect Moses Wetangula bodyguard of of General Service Unit (GSU) headquarters VIP protection has pleaded not guilty to two criminal counts.

Simon Lonyia who was arraigned before a Nairobi Chief Magistrate Francis Andanyi is alleged that on the 28 of this month at around 15:54 at Supreme Court along City Hall Way in Nairobi created a disturbance in a manner likely to cause breach of the peace by pushing Robinson Thuku who is the OCPD Central Police Division and other police officers who were Manning the main security gate.

According to the charge sheet Lonyia is alleged to have forced his way into the supreme court room while armed with a firearm.

He faces a second count of willfully resisting a police officer in due execution of police officers duties contrary to section 103(a) of the National Police Service  Act security gate.

He was however released on a free bond of 20,000 shillings.

The court directed him to deposit his identification card.