Month: November 2013

JUSTICE MUTAVA FATE LIES ON THREE JUDGES BENCH

Posted on Updated on

By SAM ALFAN

The fate of suspended judge Joseph Mutava who was suspended following claims of misconduct now lies in the hands of a three judge bench.

Mutava is fighting the allegations against him by the law society of Kenya following the ruling he made terminating Golden berg scandal case against business kamlesh pattni.

Justice Mutava obtained temporary orders stopping the probe by five members tribunal which Mutava lawyer argues that the tribunal was appointed illegally appointed.

The three high court judges led by Justice Mumbi Ngugi will deliver the judgment on the 31st of January next year on whether he will face the tribunal or be allowed to resume duty as a judge.

Judges Mumbi Ngugi, Pauline Nyamweya and George Odunga will determine a petition by Justice Joseph Mutava challenging the decision to suspend him, as well as the decision by President Kenyatta to appoint a tribunal to investigate his conduct.

 Through his lawyer Phillip Nyachoti, Mutava argues that there was external manipulation to kick him out of the judiciary. Additionally he claims that he has not yet received the proceedings and the report that recommended his suspension.

Judicial service Commission through lawyer Paul Muite however asked the court to dismiss Mutava’s petition and have the tribunal investigate him over allegations of misconduct.

Justice Mutava found himself in the eye of a storm after he cleared businessman Kamlesh Pattni of all charges relating to the Goldenberg scandal.

Mr Nyachoti told the court that, the law state that the president should appoint a tribunal of seven members after he receives the recommendation to investigate a Judge and terms the move by the president to appoint five members tribunal as unconstitutional and such tribunal can’t proceed to investigate the judge since it does not consist of seven members.

 

Advertisements

CITY BUSINESS MAN TO FACE ASSAULT CHARGES.

Posted on Updated on

By SAM ALFAN

A Nairobi city businessman who is struggling to control a multi billions shilling estate in Embankasi area is expected to be charged on the 14 of December.

It’s alleged that, the business Benson Ritho assaulted Benson Oloo and Joseph Wambugu two months ago in with the disputed land.  The businessman was expected to take the plea on Thursday but the court was informed he was attending other court proceedings at the Makandara court. The two who are alleged to be assaulted by the city businessman are alleged to be illegal beneficiaries of some parcels of land that belongs to Mr Ritho through the third parties.

Judge Pauline Nyamweya ordered an audit of the estate to ascertain which parcels of the land has been sold by the administrator of the estate.Rangwe Member of Parliament appeared in court and charged with fraud.The MP is accused of forgery in connection to a land belonging to businessman Benson Ritho Mureithi.

Ritho accuses the legislator for unlawful making cancellation of parcel of land in Embakasi in Nairobi purporting to be genuine document issued by Kenya Revenue Authority, and by John Orioro on behalf of commissioner of domestic taxes.

The MP is also accused of forgery with intent to defraud Ritho of the parcel of land and for making a document without authority to do so.

The MP escaped warrant of arrest when he failed to appear in court, but his lawyer Elijah Nyangweso informed the court the legislator was out of town. He was released on a cash bill of 50,00and the matter to be heard on 24 January next year.

The MP moved to the high court seeking to stop the charges against him but he was unsuccessful after the court declined to grant him orders to stop his case at the magistrate court.The case will be heard on 24 January next year.

 

FORMER CABINET MINISTER DR CHRIS MURUNGARU CASE ADJOURNED TO MARCH NEXT YEAR

Posted on

By SAM ALFAN

The hearing of the case where the powerful former cabinet minister Chris Murungaru sued the former anti-corruption permanent secretary John Githongo for defamation has been adjourned to next year in March.

Earlier today during the cross-examination, Murungaru told the court that he had an issue with Githongo’s letter of appointment since it was ambiguous and that he was not sure whether the very letter was drawn by the former head of public service Francis Muthaura.

He claimed that John Githongo was not an investigating officer but an advisor to the then president Mwai Kibaki on matters to do with corruption adding that the former PS went beyond his mandate by trying to investigate him in the alleged Anglo-leasing security projects scandal where the Government lost 7 billion shillings.

A week ago Murungaru objected to the contents of the report by the Parliamentary Accounts Committee which made its findings that the former minister for Justice and Constitutional affairs and the current Meru county Senator Dr Kiraitu Murungi acted to cover Murungaru’s tracks in the Anglo-leasing scam.

On the third straight day and the former cabinet minister Murungaru was in court to narrate what he knew about the infamous Anglo-leasing procurement projects where the Government is said to have lost billions of shillings in ghost projects.

Dr Murungaru was put on task to state whether he had evidence showing that the Githongo Dossier triggered a serialization of corruption stories which resulted into his name being dragged into media house. But when he was asked whether he found it strange that after the revelations into the Anglo-leasing scandal came into public the monies which were paid by the Kenyan Government were wired back to the country,   Murungaru agreed that it was indeed strange.

The former Kieni legislator informed the court that he never interfered with the investigations into the Anglo-leasing scam.

Githongo in his Dossier alleged that Dr Murungaru and other cabinet ministers in Kibaki administration were opposed to the arrest of lawyer Fred Ojiambo because they knew that he would have spilled the beans on the Anglo-leasing scandal.Githongo’s lawyer insisted that prior to the release of the “Githongo Dossier” several civil servants were already charged in court in relation to the Anglo-leasing scandal.

Murungaru on last time he told the court that the infamous Githongo Dossier injured his personal career as well as attracted travel ban slap on him by the United States and the United Kingdom Governments respectively. Murungaru added that even after he lodged complaints to the Royal Courts of Justice in the UK, he was shown newspaper cuttings from the Gothongo report as evidence that he was corrupt and therefore unwanted on the British land.

He went further to inform the court that he was dropped from the Kibaki Administration as a minister for transport when then then President Mwai Kibaki reshuffled his cabinet.

Githongo Dossier continued to hang on his neck with its net effect being political implications which saw him lose his Kieni-Constituency parliamentary seat in 2007 to a new comer as well as his bid to run for the Nyeri County gubernatorial seat where he lost to current Nyeri county governor Nderitu Gachagua.

 “I made a lot of enemies than friends during his reign as a minister especially after signing a 2003 gazette Notice lifting the colonial ban of the Mau Mau movement which raffled feathers especially the British elements”Murungaru told the court

The vet nary doctor avers that the report which was serialized in the local and international media affected his relations with his family, friends, colleagues and business Associates.

The matter will continue on 28 when the former anti-graft czar boss will take the stand to defend his alleged allegation on his popularly known Githongo Dossier which incriminated several ministers in the Kibaki regime which lead to some pushed to resign to be investigated and later and they later made it back to cabinet after they were cleared .

HIGH COURT DECLINES TO STOP THE CONSTRUCTION OF RAILWAY LINE

Posted on

By SAM ALFAN

High court judge Justice George Odunga has declined to issue orders stop the planned construction, which has been commenced by President Uhuru Kenyatta today in Mombasa.

The Dock Union with other two Twalib Bwajuma and Khalid Hussein Mwinyi moved to court yesterday arguing that the process in which the tender was awarded to China Road and Bridge Corporation was unlawful and the government did follow the required procedure as its required by law.

Justice George Odunga declined to issue orders that could stop the planned construction, until the matter is determined. However, the judge said that the applicants can still apply to stop the construction, at any stage, when they get a clear picture of the contract and where the process had reached.

The Judge further added that concerns raised by Dock Workers Union over the scheduled construction of railway line from Mombasa to Malaba were serious.

Yesterday justice Odunga certified the matter argent the application by the trade union and two other applicantswho came to seeking orders to quash the contract and directed them to file the main case within seven days.

“I am satisfied that the issues raised are grave and serious. The applicants have established a prima facie case and I hereby grant them leave to apply for orders as sought in the petition,” said. Justice Odunga.  

The Judge made the ruling in Nairobi law court while President Uhuru Kenyatta was launching the construction of the railway in Mombasa. The construction of the railway from Mombasa to Kigali, is expected to be completed in 2018. 

The union says that the decision to directly award the contract to the Chinese company- through single-sourcing- without following the laid down procedures per the law

But the Ministry of Transport and Infrastructure defended the contract saying that the Cabinet had directed that the railway be developed through a government- to-government arrangement and supported by the government budget and a railway development fund.He defended the Chinese company saying that it had constructed over 14 railways across the world and had been recommended by China. In a sworn statement, Cabinet Secretary Michael Kamau said that the contract had been approved by the Ministry and the Attorney General’s office.

He further said that the government has set aside Sh22 billion for the railway development in the 2013/14 budget and established a Railway Development Fund which will be financed by a 1.5 percent levy on the cost of all imports. The levy is expected to raise at least Sh15 billion in 2013/14, he said.

 

HIGH COURT DECLINES TO STOP THE CONSTRUCTION OF RAILWAY LINE

Posted on Updated on

By SAM ALFAN

High court judge Justice George Odunga has declined to issue orders stop the planned construction, which has been commenced by President Uhuru Kenyatta today in Mombasa.

The Dock Union with other two Twalib Bwajuma and Khalid Hussein Mwinyi moved to court yesterday arguing that the process in which the tender was awarded to China Road and Bridge Corporation was unlawful and the government did follow the required procedure as its required by law.

Justice George Odunga declined to issue orders that could stop the planned construction, until the matter is determined. However, the judge said that the applicants can still apply to stop the construction, at any stage, when they get a clear picture of the contract and where the process had reached.

The Judge further added that concerns raised by Dock Workers Union over the scheduled construction of railway line from Mombasa to Malaba were serious.

Yesterday justice Odunga certified the matter argent the application by the trade union and two other applicantswho came to seeking orders to quash the contract and directed them to file the main case within seven days.

“I am satisfied that the issues raised are grave and serious. The applicants have established a prima facie case and I hereby grant them leave to apply for orders as sought in the petition,” said. Justice Odunga.  

The Judge made the ruling in Nairobi law court while President Uhuru Kenyatta was launching the construction of the railway in Mombasa. The construction of the railway from Mombasa to Kigali, is expected to be completed in 2018. 

The union says that the decision to directly award the contract to the Chinese company- through single-sourcing- without following the laid down procedures per the law

But the Ministry of Transport and Infrastructure defended the contract saying that the Cabinet had directed that the railway be developed through a government- to-government arrangement and supported by the government budget and a railway development fund.He defended the Chinese company saying that it had constructed over 14 railways across the world and had been recommended by China. In a sworn statement, Cabinet Secretary Michael Kamau said that the contract had been approved by the Ministry and the Attorney General’s office.

He further said that the government has set aside Sh22 billion for the railway development in the 2013/14 budget and established a Railway Development Fund which will be financed by a 1.5 percent levy on the cost of all imports. The levy is expected to raise at least Sh15 billion in 2013/14, he said.

DIGITAL MIGRATION

Posted on Updated on

By SAM ALFAN

The case filed by media owners association will be heard on the 6th of December    on whether the migration from analog to digital broadcast will take place as announced earlier by the government. The government announced that on the 13th of next month it will switch from analogue to digital broadcasting starting with Nairobi County.

The court has directed the applicants to serve the interested parties by today and the respondents to file their submissions by the of 5th of December.

Consumer Federation of Kenya COFEK and west media were allowed to be enjoined in the suit by the court despite objections by Communications Commission of Kenya lawyer Kilonzo Wambua who argued that COFEK should not be brought on board since they recorded a consent to withdraw the same matter in another court where they were required to negotiate with the cabinet secretary for Information and communications. But lawyer representing COFEK told the court that the cabinet secretary backtracked in the negotiations process. And that the applications they are making is to revive the matter again.

COFEK will lay down the documents and the meetings they had with the cabinet secretary that failed to bear any fruits.

The media owners are of the view that the Government has not yet put in place adequate measures to ensure availability of universal set-top boxes for receiving digital transmission country-wide.

The media owners moved to court last week seeking orders to stop the Government from effecting the Television Digital switch scheduled to take place on the 13th of December in Nairobi.

They say that they stand to suffer huge financial losses as a result of the switch if the Government proceeds with it as planned.

The media owners’ further avers that the December deadline if not extended more than 90%of the viewers will not be able to receive any broadcast on their TV sets as it was experienced in Tanzania. The matter will be heard on the 6th of December before justice David Majanja.

 

MAN CHARGED FOR ROBBING POLICE OFFICER

Posted on Updated on

By SAM ALFAN

Samuel Endesia Otengo was accused of robbing Corporal Patrick Murimi Wamae of a G3 rifle S/No 6927317 loaded with 20 rounds of 7.62 mm caliber ammunition. He is alleged to have commit the offence on October 23 at around 0300hrs at Kitusuru in Nairobi.

Ontengo faced a second count of violently robbing Abdul Rahman of a mobile phone and cash all amounting to Sh 3,400. A third count alleged that he robbed John Kioko and Michael Malewa of personal property valued at Sh7,350 at the same place and date.

According to the prosecution, the accused threatened to use violence on his victims. The accused person was arrested last Thursday following protests by residents of rising insecurity in the area. Acting Chief Magistrate Doreen Mulekyo directed Ontengo to post Sh 1 million bond to secure his liberty pending trial on January 9, next year.