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LAWYER BRANDISHES MERU SENATOR MITHIKA LINTURI ‘A THIEF’ OF DEGREE.

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Siaya Senator James Orengo with Meru Senator Mithika Linturi leaving Justice George Udunga Court after hearing of a case where Mr Linturi fighting for his degree on Wednesday March 21,2018/PHOTO BY S.A.N.

BY SAM ALFAN.

University of Nairobi followed the due process in deregistering Meru Senator Mithika Linturi as its law student.

Lawyer Donald Kipkorir representing the institution said that the senator was accorded fair hearing before he was deregistered over the allegations of presenting fake papers to get admission.

“Once the University found out that the student’s admission papers were fake, it acted according to its Act because something which was generated illegally cannot be allowed,” said Kipkorir.

A Judgement will be delivered on April 5, 2018.

Lawyer Kipkorir had with him all the requisite documents including minutes of the meetings that the University Committee held before it made a decision to deregister him.

Senator Linturi, he said was present throughout the whole process and he even had a chance to defend himself.

UoN got wound of the doubts on the Senator’s papers after the Ethics and Anti-corruption Commission (EACC) wrote a letter directing it to deregister him.

Senator Linturi was expelled from the university forthwith.

“The petition by Linturi lacks merit and legality and accepting it is like awarding a thief who have stolen from a bank and build a Hospital,” said Kipkorir.

Senator Linturi through lawyer Tom Ojienda and James Orengo said the University acted against the law by deregistering him since he was not accorded fair hearing.

“EACC conducted the investigations and made conclusions before Linturi appeared before it so that they can hear his side,” said Ojienda.

Ojienda added that the matter arose from someone who wanted to run for the position of the Meru Senator which is being held Linturi.

“He added that if one has a degree from any recognized University you are qualified to sturdy the law,” said Prof Ojienda.

Prof Ojienda said that Linturi got a B- at KCSE and he was qualified to study law at the UON.

He added that the University acted in bad faith and prayed the court to quash the decision by UON to de-register Linturi.
Lawyer Edwin Waudo for the EACC however disapproved Senator Linturi’s assertion that he met all the requirements to be admitted at the University of Nairobi because even the letter from KNEC indicates that he got a C- and not B- as he claims.

“A law student must satisfy the minimum university entry point. Mr Linturi did not,” said Waudo.

PROF OLIVE MUGENDA DEFENDS HER NOMINATION TO JSC.

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President Uhuru Kenyatta nominee to Judicial Service Commission (JSC) Professor Olive Mugenda.

BY SAM ALFAN.

Former Kenyatta University VC Professor Olive Mugenda has told off critics that she is very qualified for the JSC member position.

Prof Mugenda while defending her nomination says that she meets all the criteria set out in the constitution.

She has also requested the court to lift conservatory orders issued prohibiting her from taking the oath of office as a member of judicial Service Commission.

The former KU Vice Chancellor further wants the court to dismiss the case filed by Katiba Institute arguing it was brought in bad faith.

On February 21 2018, she appeared before the National Assembly Committee on Justice and Legal Affairs for vetting.

During that session Prof Mugenda says she answered all queries that were raised by the said committee and filed all responses in answer to objections to her appointment that had been raised by Dr. George Lukoye Makokha.

Last week the High Court suspended the swearing in of President Uhuru Kenyatta’s three nominees Prof Olive Mugenda, Felix Koskei, and Patrick Gichohi.

Katiba Institute says that the nomination was not transparent and there was no public participation and as such should not stand.

RAILWAYS RESTRUCTURING STOPPED.

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Kenya Railways Corporation SGR machine's.

BY NT CORRESPONDENT.

A staff restructuring exercise at the Kenya Railways Corporation has been stopped.

This is pending the hearing and determination of a case filed in court.

The High Court has also suspended an advert by the railway coop of March 6 2018 announcing fifteen vacancies at the Corporation.

Justice Hellen Wasilwa also certified the matter as urgent.

Rights crusader Okiya Omtatah claims that the advertised vacancies were subjectively created through the irregular, hurried, arbitrary and opaque implementation of the staff restructuring exercise skewed to suit preferred individuals.

“That the restructuring process has been used to victimize many innocent staff members and that the outcome of whole process is predetermined to favor certain individuals,” claims Omtatah

The positions advertised include, General Manager Finance; General Manager Internal Audit; General Manager Supply Chain Management; General Manager Research Planning and Compliance; Corporate Affairs and Public Relations Manager; Security Services Manager; Information Communications Technology (ICT) Manager; Research Planning and Compliance Manager; Planning, Design and Environment Manager; Administration Manager; Assistant Manager Board Services; Assistant Architecture Manager; Assistant Property Manager; Assistant Business Development Manager and Assistant Rail Safety Manager.

KENYATTA FAMILY INVESTMENT CASE DISMISSED.

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Commercial Bank of Africa (CBA) product M-Shwari .

BY SAM ALFAN

Kenyatta family bank investment is safe following court decision dismissing a challenge on one of its product.

The High court threw out the suit filed by Consumer Federation of Kenya who sought to stop Commercial Bank of Africa from charging its M-Shwari customers a higher interest rate on loans.

Justice Fred Ochieng said that Cofek did not show any false representations or unfair charges against CBA and they did not meet the threshold to file the petition.

Cofek had accused the Commercial Bank of Africa of selective compliance with new Banking Act 2016 which stopped banks from imposing high interest rates on loans.

They argued that the bank was using strange semantics such as ‘facilitation fees’ to levy an interest of 90 per cent per annum on its M-Shwari users as opposed to the 14.5 per cent.

The consumer agency said that the argument that M-Shwari is a special product for micro lending and is exempt from the provisions of the Banking Act is illogical as it falls flat against the principal-agency relationship.

“Dear customer, from 14/09/2016, your Mshwari deposit will earn interest of 7.35% p.a. being 70% of CBR. Loan facility fees remain unchanged at 7.5% per loan.” read the message CBA sent to its clientele on September 15, 2016.

The message led to Cofek moving to court to sue CBA alleging that they had violated the Banking Act 2016

IRANIANS WANT POLICE BOSS JAILED FOR REFUSING TO RELEASE THEM.

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Two Iranian Ahamad Abolfathi Mohammed, and Sayed Mansour Mousavi before Justice Luka Kimaru on Wednesday February 21,2017/PHOTO BY S.A.N.

BY SAM ALFAN.

Two Iranians acquitted of terrorism charges wants Inspector General of Police Joseph Boinnet jailed by Supreme Court.

Ahmad Abolfathi Mohammed and Sayed Mansour Mousavi through their lawyer Ahmednasir Abdullahi, claim that they are being held in the country illegally following a court ruling dated February 23, 2017.

“In view of the fact that the respondents have been acquitted of all criminal charges that were preferred against them by an Order of a Court of competent jurisdiction (the Court of Appeal in Criminal Appeal No. 135 of 2016) and further taking into account the fact that the determination of the present motion is dependent on the continued presence of the respondents within the jurisdiction of Kenya, we hereby direct that arrangements be made by the Applicant to ensure the continued presence of the respondents within the jurisdiction of Kenya without infringing on their liberties as guaranteed by the Constitution.” the 2017 ruling read.

However Ahmdenaisr says that despite the said order being made, the two Iranians are being held in police custody at the Anti-Terrorism Police Unit situated in Nairobi Area, Upper Hill in complete disregard of an Order issued by this Court.

“The actions on the part of the State amounts to a blatant contempt of court and seriously imperil the efficacy and integrity of the order issued by this Court”, Ahmednasir says.

The failure on the part of the State to comply with this Court’s Order constitutes not only an abuse of public office but the action offends the dignity and authority of Court.

The application filed under urgency, the two Iranians are seeking the Court to cite Joseph Boinnet, Inspector General of Police for contempt of the Court’s Order issued on February 23, 2018 and further order them to be committed to civil jail for a term not exceeding six months.

“Pending the hearing and determination of this Application inter-parte the court be pleased to issue a stay on the hearing of the Applicant’s Notice of Motion dated 19th February 2018”, the affidavits read

The Iranians were initially jailed for 15 years after being convicted of concealing 15kg of RDX explosives they allegedly planned to use to bomb the Israeli Embassy in Nairobi six years ago.

The Supreme Court judges led by Chief Justice David Maraga had ordered that the two be held in custody in a manner that is in accordance with the law without violation of their rights pending an application by the Director of Public Prosecutions (DPP) seeking to quash their release.

Ahmad and Sayed filed the contempt-of-court proceedings against Boinnet alleging that they were held in a police cell in a deplorable condition in contempt of their rights enshrined in the Constitution.

The Director of Public Prosecution moved to the Supreme Court seeking to quash a decision that set free two Iranians who were jailed by high court over terror-related charges.

Supreme court  Justice J.B Ojwang directed that Ahamad Abolfathi Mohammed, and Sayed Mansour Mousavi remain within the jurisdiction of the supreme court.

“The applicant will be contesting the release by the appellate court, of the two who were facing charges bearing claims of serious threat to the security of citizens –notable the charge under the Explosives Act,” rule justice Ojwang.

The court further certified the matter as urgent.

The DPP in its appeal say that it is dissatisfied with the judgment issued by the court of appeal adding that it erred in law by quashing the sentence and setting the two free.

The Two Iranians were jailed for 15 years in 2013 over terror-related charges The High Court found Ahamad Abolfathi Mohammed, and Sayed Mansour Mousavi, guilty of concealing 15 kilograms of bomb-making material in the country.

But moved to the court of appeal through their lawyer Ahmednassir Abdullahi where they secured their freedom after the Court of Appeal ruled that there was no sufficient evidence to link them to the bomb-making material recovered in 2012.

Appellate Judges Kihara Kariuki, Kathurima M’inoti and Agnes Murgor held that the circumstantial evidence relied on by both the High Court, and Magistrate Court, was so weak that it did not point to them as the only persons who could have placed the bomb-making material, RDX, at the Mombasa Golf Course where it was found.

OMTATAH CHALLENGES DRIVING SCHOOL RULES.

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Human rights crusader Okiya Omtatah at Milimani law court.

Human rights crusader Okiya Omtatah has moved to court seeking to suspend the Traffic (Driving Schools and Instructor) Rules 2014 (2017) saying that there was no public participation.

Omtatah further wants the court to suspend decision by National Transport and Safety Authority to disable the E citizen passwords of driving schools and of officers of the Driving Test Unit of the National Police Service, which Administrative action effectively shut down operations of most drivingSchools around the country.

Omtata claims that the provisions of the draft statutory instruments (The Traffic (Driving Schools and Instructors) Rules 2014 (2017)), are unreasonable and against the public interest, and cannot be implemented by most schools.

“The requirement the each and every driving school should own not less than 1.7 acres of land upon which it must develop facilities and infrastructure of a model highway is unreasonable, “reads the petition.

Further Omtatah says that the requirement the each and every driving school should own classrooms measuring 8m by 6m, and equipped with ICT teaching aids such as computers and projectors and the requirement the each and every driving school should have a management structure containing such human resources as a school manager, a secretary, instructors, and a director of studies who are at least diploma holders cannot be implemented.

According to the petition papers filed at the Milimani Law courts, Omtatah says that on 29th December 2017, in an apparent knee-jack reaction to the deaths of the three bishops and in its habitual manner of looking for Scapegoats to blame and victimize whenever grisly traffic accidents occur on Kenyan roads, NTSA had arbitrarily and without notice shut down Operations in all driving schools around the country when it arbitrarily and without notice disabled on the NTSA portal the E-citizen passwords of the driving schools’ and also the passwords of Police examiners.

He claims that NTSA reconfigured its online portal by removing the old curriculum and uploading the impugned new one, and demanded that driving schools must first comply with the new curriculum before they would be issued with new passwords.

“That the affected driving schools are faced with imminent bankruptcy and collapse if their operations are not restored immediately by reinstating their Ecitizen passwords and the passwords of the officers of the Driving Test Unit of the Police,”argues Omtatah.

FORMER BANK BOSS LOSES SH 11 MILLION BID.

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Kisumu Barclays bank branch.

BY NT CORRESPONDENT.

Former Kisumu Barclays bank General Manager has lost his bid to seek for 11 million from the former boss.

This is after Employment and Labour Relations court dismissed an application by former Kisumu Barclays bank General Manager who was seeking compensation of Sh11million for unfair termination of employment.

Kennedy Maina moved to court in 2015 claiming that he was unfairly dismissed from work and was demanding for the money in respect to 27 years of service as a General Manager.

Justice Mathews Nduma dismissed the application saying that the suit by Maina and the counter claim by the bank have no merit.

“The Respondent did not pursue the counterclaim.  The Claimant demonstrated that he had paid all the loans advanced to him by the company and the counter claim is dismissed”, the judge said.

Barclays bank had opposed the claim in 2016 in which the entire claim was denied and counter claim in the sum of Sh3, 495,582.37 was made comprising of Staff housing loan Shs.895, 442.15, Staff personal loan Kshs.2, 565,287.80 and Card balance Sh.34, 852.42.

Maina He told court that he was employed by the bank on October 31, 1988 at a salary of Sh.41, 880 per annum.  He added that he rose through the ranks overtime and at the time of termination on March 6,2015, he earned a consolidated salary of Sh3 million per annum.

“An investigation was conducted at the Barclays bank Kisumu Branch where Maina was a General Manager following a whistle blowing that there were lapses in the security and operational procedure at the Branch and that he was demanding sexual favours from staff members hence jeopardizing the staff employment relations in the branch”, the court was told.

In addition to allegations of sexual harassment, it was alleged that the Kisumu branch was not opening on time and that on October 18, 2014 a member of management Immaculate Ayuko reported to work late and the keys to the doors were brought by her husband and the incidence was never reported timeously, contrary to bank policy that “key holder, must ensure that keys are not handed to any other person without the manager’s authority and never to a member of the public”.  It was also alleged that management was taking leave without following laid down procedure.

He said he received a letter of suspension on February 13, 2015 and he was invited to attend a disciplinary hearing on 20th February, 2015.

“The Claimant alleges that the Respondent disregarded the recommendations of the investigations.

And that the disciplinary committee was biased and did not give the Claimant a fair hearing”, Maina said.

The bank opposed the claim as earlier stated by a statement of defence and counter claim filed on 3rd March, 2016.

Justice Nduma said furthermore, a disciplinary process followed forensic investigations and evidently, without having to hear the side of the Respondent, there was justification to discipline and terminate the employment of the Claimant.

“The Claimant was paid all his terminal benefits.  The Claimant has not proved he was entitled to payment of gratuity as claimed or at all.  Consequent on the finding of the court on liability, the claimant is also not entitled to any compensation since the termination was lawful and fair.

UNIVERSITY STUDENTS ARRESTED IN A RING TO WEED OUT PARLIAMENT THUGS.

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Multimedia UniversityDerrick Kimutai Ng’etich and Edwin Nderitu Warukira before a Nairobi Court where they pleaded not guilty to the charge's.

BY NT CRIME REPORTER.

A close relative of former Bomet women rep Cecilia Ng’etich and a friend have been charged with an attempt on Jakoyo Midiwo money.

The two are students at Multimedia University and are alleged to have tried to steal Sh100,000 from the former Gem MP.

They told Midiwo that they were sent by Murang’a County women representative Sabina Chege.

Derrick Kimutai Ng’etich (Ng’etich nephew) and Edwin Nderitu Warukira who are pursuing degrees in mechanical and manufacturing engineering are alleged to have committed the offence on March 8 2018 at Goldent Spot restaurant in Nairobi.

The two denied the charges before Chief Magistrate Francis Andayi and were released on bond.

Prosecutor Solomon Naulikha brought to the attention of the court that the two are part of a bigger cartel that operates within Parliament building.

According to the police, the two have been in communication via text messages with Midiwo from March 3-8 2018.

A fortnight ago, National Assembly was made aware of claims that there were women and men seducing some MPs and demanding cash from them or their families.

The MPs from both divides- government and opposition- said that it was unfortunate that “such things” were happening to honourable members and when reported, no action is taken.

Nderitu and Kemutai are alleged to have first sent a text message via an unknown number to Midiwo which signed out as Sabina Chege.

The ‘purported Sabina’ asked him how he was doing and requested that he send her Sh 20,000 which she would refund when she got back to Nairobi from Mombasa.

Midiwo inauspiciously sent the money via Mpesa.

‘The ‘Sabina’ sent another message claiming to have checked out of ‘her’ hotel in Mombasa and was on ‘her’ way back to Nairobi.

During the chat, ‘she’ further told him ‘her’ bank account had been frozen by KRA and was coming back to Nairobi to sort out the issue.

Midiwo is said to have continued chatting the accused persons not suspecting that they were conmen.

They further texted him that the ‘she’ was broke and needed money to sustain ‘her’ until ‘she’ sorted out her bank account issue.

On Thursday 8th, the two sent another message saying ‘Sabina’ was at KRA sorting out the tax issues.

Jakoyo then decided to call Murang’a Women Representative through another number and she denied knowledge of the other contact and the people using it.

Hon Jakoyo then led them to believe he would give them Sh100,000 that evening.

However, he told the ‘Sabina’ he would not be around at that time but would leave the cash with one of his employees.

At around 5 pm, the said employee called Midiwo and told him two men had gone to collect the sum.

The police had been notified of the incident and the two were arrested.

The accused persons were granted a bond of Sh 50,000 or alternative cash bail of Sh 30, 000. The case will be heard on April 11 2018

FORMER NYS DEPUTY DIRECTOR IS INNOCENT, COURT SAYS.

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Former National Youth Service (NYS) Deputy Director Clare Lwali Chaddah before a Nairobi Anti-corruption court.

BY SAM ALFAN.

Former National Youth Service (NYS) Deputy Director Clare Lwali Chaddah has been acquitted.

She was accused of abuse of office and corruption soon after Former Devolution PS Peter Mangiti and 23 others were charged with the NYS scandal.

PS Mangiti and the 23 others were acquitted for lack of evidence.

Chief Magistrate Kennedy Bidali who read the judgement on behalf of Magistrate Felix Kombo said, “I am therefore satisfied that the accused person has exculpated herself inrespect of the charge and I shall acquit her under Section 215 of the Criminal Procedure Code.”

He added that Section 178 of the public procurement and asset disposal act of 2015 provides that “No person shall, in his personal capacity be liable in civil or criminal proceedings in respect for any act or omission done in good faith in the performance of his/her duties.

TERROR SUSPECTS TO BE DETAINED FOR 30 DAYS AWAITING INTELLIGENCE INVESTIGATIONS.

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Five terror suspects Abdimajit Hassan, Aden Mohamed, Osman Nane, John Maina Kiarie, and Anthony Kitila Makau alias Ratsa and Lydia Nyawira Mburu accused of plotting to attack Milimani Law Courts before a Nairobi Court on Friday March 16,2018/PHOTO BY S.A.N.

BY SAM ALFAN.

Five terror suspects accused of plotting an attack at Milimani Law Courts have been detained for 30 days.

This is to allow the prosecution to complete its investigations.

The suspects Abdimajit Hassan, Aden Mohamed, Osman Nane, John Maina Kiarie, and Anthony Kitila Makau alias Ratsa and Lydia Nyawira Mburu will stay in custody for a month.

Magistrate Martha Mutuku allowed an application by the prosecution to have the suspects detained saying that other accomplices are still at large.

“There are still other associates who are Francis Karicho Macharia and Pauline who are yet to be arrested,” said Prosecutor Dancun Ondimu.

Mr Ondimu said that the matter has attracted public interest and this week the matter was widely reported.

The suspects Abdimajit Hassan Aden Mohamed Osman Nane and John Maina Kiarie were arrested on February 15 at Merti area by police officer based at the Merit police station.

Kiarii was however arrested on February 21 at Kencom within the CBD.

At the time of their arrest, a number of items including explosives
devices, some of which were in built a motor vehicle were recovered.

Investigations carried out so far shows that the three have been in constant communication with a number of well-known terrorist alshabab based in Somalia.

Police believe that the three have other associates who are yet to be apprehended and their arrest is being vigorously pursued both within
and outside the country.

After arrest and brief interrogation it was crucial that a number of areas within Marsabit country be visited immediately.

Mr Ondimu added that police on patrol at merti police station spotted the vehicle and while approaching the car, the occupant started shooting back killing one suspect.

One of them however escaped.

He added that the police are still in pursuit of other vehicles. Makau alias Rasta is said to be a taxi driver.

“They were headed to launch an attack at the Milimani Chief Magistrate court on February 16 when Sheikh Guyo Gorsa was expected to appear in court to take plea in terrorism and other related charges in a bid to free him from custody.

The suspects are said to have been involved in searching and renting of the safe houses both located in Southlands langata and Rongai and the hotels rooms.