Month: March 2014

TRAFFIC RULES STILL ON.

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Lawyer Harrison Kinyanjui with member of matatu owners outside Milimani Law Court.

By SAM ALFAN

Traffic police are at liberty to carry out inspection on public vehicles to establish whether they are fitted with speed governors.The inspection will commence tomorrow.
The high court declined to restraining orders as sought by bus owners in their review application filed under of urgency.
Justice George Odunga he instead allowed the applicants to bring proceedings and quash gazette notice containing the regulation that the buses to have speed governor those found to have complied with rules their vehicles will be impounded and the owners fined Sh 50,000.
The court only halted police from removing roof carriers on PSV.
The applicants through their lawyer Harrison Kinyanjui told the court that the action by police to impound the vehicles will affect public transport in the country.
He urged the court to intervene and safe Kenyans who use public transport.
The matter will be heard June 2 to determine restraining orders can be issued.

 

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HIGH COURT HAS DISMISSED THE APPLICATION BY VISA OSHAWA COMMUNITY.

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Nairobi senator Gideon Sonko at Milimani Law Court.

By SAM ALFAN

The high court has dismissed the application filed by the management of Visa Oshawa community seeking a public school to be declared a private institution.
Justice Isaac Lenaola found and held that Visa Oshawa primary school is a public institution; the community had lost ownership after the commissioner of Land revoked the grant they given by the court.
He said the community was invited by the minister for education to hold consultation over compensation they refused and instead moved to court.
The judge said that the minister was entitled to the community a notice to surrender the school and seek compensation, saying the school is on the public land.
Justice Lenaola in judgment adapted the submission of Nairobi senator Gideon Sonko to the effect that the school has been a public institution receiving monetary support from the government.
It’s provided teachers employed by the teacher service commission and managed by parent teachers association.
The judge further held that the institution has headmaster appointed by the director of city education on behalf of TSC.

RUTO HAS LOST BID TO STOP THE EXECUTION OF THE JUDGEMENT.

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Deputy President William Ruto.

By SAM ALFAN.

Deputy President William Ruto has lost bid to stop Eldoret farmer from executing a judgment in which he was ordered to Sh 5 million as compensation for taking advance possession of his land.
Justice Rose Ougo declined to halt the execution, saying the farmer Adrian Gilbert Muteshi had demonstrated to the court that deputy President is capable of paying the money.
The judge said in issuing stay of execution the court could have denied the judgment holder the opportunity to get his money, the court however gave Ruto temporary reprieve of fourteen days to allow move to the appellate court

His lawyer Kioko Kilukumi had told the court that, deputy president is to appeal against the judgment and that he should be allowed them to deposit the amount in the joint accounts of the advocates, saying that if pays he Muteshi and the court set aside the judgment the farmer may not be able to refund the money.
His application was strongly opposed by the farmer’s counsel on grounds that he has not filed the record of appeal and that the deputy president is person of good means and that he should pay the money plus costs and goes on to pursue his the appeal.

 

NAIROBI COUNTY GOVERNMENT HAS BEEN HALTED FROM LEVYING NEW LAND RATE.

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Nairobi senator Gideon Sonko leaving Milimani Law Court after he obtained orders restraining Nairobi County government from levying new land rate.

By SAM ALFAN.

Nairobi County Government has been halted from levying new land rates, pending the hearing and determination of the application before court.
Justice George Odunga issued the issued the restraining order, after Nairobi senator Gideon Sonko moved the court on an application under certificate of urgency.
The court through the senator his lawyer Lydia Kwamboka, told the the county government has increase the rate from 17 per cent to 34 for unimproved value of properties within Nairobi.
She told the court unless the restraining orders are issued the Nairobi County agent will start effecting the notification and that the property owners within Nairobi County may be prosecuted for failure to pay the rates.
The court heard that County government came up with rates without consultation with stakeholders or residents of Nairobi, saying the move is arbitrary and oppressive.
The said notification is to take effect from January 2014, saying the agent of the County have started effecting the same.
Justice Odunga said pending the hearing of the judicial review application on April 30, the resident will continue paying the old rates of 17 per cent.

 

FORMER KENYA AIRWAYS MANAGER HAS SUED HIS EMPLOYER.

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Lawyer Stephen Mogaka and his client Mr Kepha Bosire chatting after leaving Industrial Court Building at Milimani Law Court in Nairobi.

By SAM ALFAN.

Former Kenya Airway Corporate Communications manager has sought for his reinstatement to his lucrative employment
Mr Kepha Bosire through his lawyer Stephen Mogaka told Industrial court that he was unlawfully sacked and was not given an opportunity to defence himself after he was assaulted at social function.
Justice Njoki Wa Makau heard that there was no justification for his removal and that the court should issue an ordered compelling the management of the Kenya Airways to reinstate him.
Mr Mogaka told the judge that the claimant has a contract with his former employer, which contract of employment provides the manner it shall be terminated.
The claimant accuses the Airline’s managing director Titus Naikuni for treating him in degrading, demeaning and brutal manner thereby subjecting him to loss of esteem,
‘The claimant was as a matter of fact unfairly dismissed from employment pursuant to the events that unfolded on October 5 at Maasai Mara’ the court heard.
The MD on the fateful day assaulted the claimant stripped in public and violated his constitutional right by exposing him his privacy contrary the provision of article 31 of the constitution and section 45 of the employment Act..
The claimant and the MD were on October 5 in attendance of a Marathon event held at the Lemek conservatory, the event is said to have ran smoothly between 10 am and 5.30 pm when those in attendance left at their pleasure.
Mr Naikuni said to have descended on the claimant he removed his T-shirts and exposed him to nakedness in public in full view of the claimant’s colleagues and other invited guests
The claimant has staked a claim of Sh 24 million for unfair dismissal the amount being his lost salary for a period of six months. Of the first term and the full term of the renewable contract.
The claimant’s application was opposed by the Airline Chief Executive on grounds that he tendered his resignation after the incident.
Mr John Ohaga told the court that there was no requirement to show cause since his employment was not terminated by Kenya Airways.
The courts will its ruling on April 4.

 

THIGH COURT HAS ORDERED THE RELEASE OF 117 TAXIS WHICH WERE IMPOUNDED BY POLICE.

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Photo of taxis which were impounded by the police during the matatu strike lined up at KICC.

 

By SAM ALFAN.

The high court has ordered the release of 117 taxis which were impounded by the police during the matatu strike.
Justice Isaac Lenaola directed that the vehicles be released to the owners upon production of log book and identification.
He further ordered that the owner of the vehicles to pay Sh 9,000 per motor vehicle, saying that seizure was unlawful which has made the owners to suffer injury into their business.
The judge directed the registrar of motor vehicle to release the number plates that were removed from the taxis.
Kenya taxi cab association and Nairobi Senator Mike Sonko moved to seeking the order to have the taxis released.
Sonko told the court that the seizure was unconstitutional has the owners protesting the increment of parking fees by the Nairobi county government.

 

MIDDLE AGED WOMAN ARRAIGNED IN COURT FOR FORGING KCB ADVICE SLIP.

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By SAM ALFAN
Middle aged woman was today arraigned in court charged with forging Kenya Commercial Bank Credit advice cash deposit amounting to over Sh 1 million.
The accused Dinah Nyaboke Karani denied ten accounts of obtaining and making document and was ordered to deposit Sh 300,000 cash bail to secure her release pending the hearing of her criminal case.
The prosecution told them that the accused had on February 25 and March 5, 2014 with intent to defraud made a document Kenya Commercial Bank Credit advice slip in which she received Sh 200,000 while purporting to genuine credit advice deposit issued by the bank.
The accused was arrested on March 21, 2014 and held at Kilimani police station before she appeared in Milimani court.
The court fixed the hearing of the criminal; case on June 16, 2014
Ends.