Month: April 2014

TELKOM KENYA HAS LOST IT BID

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BY SAM ALFAN

Telkom Kenya has lost bid to have the appeal against 997 former employees taken to Supreme Court
Three court appeal judges Justice Roseline Nambuye. Daniel Musing and William Ouko said that Telkom Kenya limited did not give sufficient reason to warranty the appeal to be allowed to the Supreme Court.
They said and held the appeal in which former state corporation was ordered the retrenched workers Sh 3.1 billion.
”the amount they are claiming is colossal sum which does not qualify the matter. to c considered as one of great public importance in which the supreme court will asked to give advisory opinion” they said
The former employes were retrenched in 206 because the company was carrying out restructuring and staff rationalization programme which carried in two phases.
The company offered different packages for the two categories of workers and paid them differently
they were aggrieved with decision of the company and moved to court, the high court directed the company them severance sum and a Golden Handshake.

 

LABOUR CABINET SECRETARY ORDERED TO APPOINT AND GAZETTE COTU NOMINEE TO THE NSSF BOARD OF TRUSTEES

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Cabinet secretary lab our social security and service Kazungu Kambi

BY SAM ALFAN

 

The high court has ordered cabinet secretary ministry of labour social security and service to appoint Central organization of trade unions (COTU) nominee to the national social security board of trustees.
Justice George Odunga said that the Cabinet secretary Kazungu Kambi has to comply with the court order and forthwith appoint and gazette COTU’s nominee to the board.
The minister must comply with the provision of section 6 of the NSSF Act Cap258 of the constitution.
COTU through its lawyer Judith Guserwa moved to court seeking to compel the minister to appoint to its nominees as provided for under the NSSF Act, the worker’s union further sought an order prohibiting the minister and the NSSF from convening the board meeting without the representation of the union.
The application to the court which was supported by the sworn by the worker’s union secretary general Francis Atwoli stated that COTU is one of the three key social partners to the NSSF by virtue of which it has given statutory representation to the board of trustees as provided for under section 6 under which the board is established.
Ends.

 

MIGORI GOVERNOR ESCAPES JAIL BY WHISKER.

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 Migori governor Zachary Okoth Obando with senior counsel Okongo Omogeni at supreme court last week.

 

By SAM ALFAN

Migori governor Zachary Okoth Obando has escaped from being send to civil jail after the supreme agreed with his apologize over the alleged remarks he made over the the court of appeal decision declaring that he Was invalidly elected
The supreme court judges Justice Mohamed Ibrahim and Njoka Ngungu said they were certified with the explanation given by the governor on what appeared in the the media which appeared to offend the judgment of the court of appeal which he his challenging in the supreme court.
Instead the Supreme Court judges directed the parties in the appeal to argue the main substantive motion has filed in order to allow the court make order and directions
The supreme court had on 4 April 2014 stopped Independent and Electoral Commission from declaring Migpori seat vacant until the appeal lodged by former governor is heard determined.
Justice Mohamed Ibrahim directed there be no swearing in of the speaker to act governor until further orders r from the court.
The judge said the removed governor Zachary Okoth Obando has lodged an appeal challenging the decision of the court appeal to have him removed from office for allegedly being unlawfully elected.
The appellant through his lawyers Admednasir abdullahi, Okongo Omogeni and Rogers Sangana told the that the IBEC is likely to declare the position vacant and call for by election.
Mr Omogeni urged the court to issue an order halting execution of the judgment.
” There is a stay of execution of the whole judgment and orders of the court of appeal sitting at Kisumu i pending hearing and determination of the appeal to the Supreme Court” he said.
The judge certified the application urgent and directed that the same be served and the matter be heard inter-parties April 8by a two judge bench.
Omogeni submitted that the three judge of court appeal in arriving on the decision to sack the applicant they made gross constitutional violation which has infringed his client fundamental right and freedoms.
The said constitutional violation made by the judges of the court of appeal remains justifiable for determination by the Supreme Court, he told the court.
He said the appeal before the supreme court raises arguable constitutional matters and has a high probability of success.
Omogeni further said that the effect of the judgment means the appellant’s gubernatorial seat risks being declared vacant before the appeal is heard full.
The court will make it ruling on 23.

 

TRANSPORT PS OPPOSES SCRAPPING OF NEW PUNITIVE TRAFFIC RULES.

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Principal Secretary for Transport Nduva Muli and Cabinet Secretary Engineer Michael Kamau addressing the press/

By SAM ALFAN.

The Principal Secretary for Transport Nduva Muli has opposed the scrapping of Rule 11 of the newly gazette Transport regulations.
The rule involves removal of luggage carriers, installing tracking gadget systems, installing of speed governors able to record speed of vehicle for 30 days.
“If the court were to stay legal notice 23 of 2013, (New regulations), consequently, it will expose Kenyans to unsafe an unregulated mode of Transport. It will be against the public will to stay the challenged regulations because it will leave the sector unregulated,” Said Muli.
Juustice George Odunga, Thursday stayed the operation of rule 11 until the parties in the matter had responded to the allegations raised by Lawyers -Harrison Kinyanjui and Thiong’o Caragu for both Matatu Associations.
They had lamented that Cabinet Secretary Engineer Michael Kamau was flexing his muscles against the orders given by the court to stop the effecting of rule 11 till the case was heard and determined.
The PS Nduva Muli argued that the Cabinet secretary had gazetted the rules after consulting all the stake holders.
“The Cabinet Secretary has powers under the traffic Act to make regulations for public good to ensure that the roads are safe at all times as such reduce carnage that causes a lot of damage to Kenyans,” Emphasized the PS.
The Matatu Welfare association seeks an extension of the deadline put by the government to comply with the ‘Kamau rules’ extended.
The court will convene next week Monday April 14, to deliver a ruling on whether to quash the entire traffic regulations including night Ban Travel.

 

TEN FORMER AIR FORCE OFFICERS HAVE WRITTEN TO AG DEMANDING SH 32 MILLION.

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Logo of Kenya Air Force and their helicopter on air.

 

By SAM ALFAN

 

Former Air forces officers have written to Attorney General demanding over Sh 32 million the amount they awarded by the court.
They have given AG 14 days to respond alternatively they will move to the court to the provision of Government proceedings Act and civil procedure Act that immunize the state from attachment of its assets in execution of court judgment.
The officer through lawyer Mbugua Mureiith says they are unable to execute the judgment delivered by Judge Mumbi Ngugi on 15 February 2012
The officers James Mwangi Wanyoike. Antony Ndiang’ui Waiganjo. John Kipsang Leting Sammy Kaharau Ngombo . Robert Chelugo Miningwo . Simon Njiru Kinyua
. Titus Tumbo Ngio . Stephen Mwangi Marion. Deavans M. Chilelo and. Mohamed Omari Mwamaneno.
They were awarded the amount as damages arising from their sacking from the Air force in 1982.

 

NAKURU COUPLE TO RECLAIM SAITOTI’S SON.

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Sebastatian Maina Ngunju and his wife Elizabeth Maina who are alleging that Margrate W. Saitoti the wife of the late former Internal Security minister Professor George Saitoti stole their son.

 

BY SAM ALFAN

The Nakuru couple claiming to be the parents of Zachary Musengi Saitoti, have filed a fresh application seeking to reinstate a private prosecution against the wife of former Internal Security minister Professor George Saitoti.now deceased
Mr Sebastatian Maina Ngunju told Justice Isaac Lenaola, that the purported consent that was recorded by his previous lawyer and Margrate W. Saitoti was entered without his knowledge and understanding
The consent order appeared to have terminated the proceedings he and his wife had filed in Nakuru seeking to subject Saitoti’s wife into criminal prosecution for allegedly stealing their son.
The court heard that Mr Ngunju was not supplied with information by previous advocate Hari Gakinya over the consent to have the private prosecution withdrawn.
The applicant through lawyer Laban Osoro, told the judge that court should order for the consent to be set aside, saying that the position of the matter has been fraudulently misrepresented by his previous advocate.
“The said consent order ought to be reviewed and the process of its execution stayed and if so executed set side” the court heard.
Mr Osoro told the court that the previous advocated having not informed his client over the recording of the consent, there can never be a proper consent order that can relied by the court to have the matter settled.
There is no one time my client, held discussion with Saitoti family over the settlement of the matter and the withdraw of the private prosecution.
The couple last year filed the case in a Nakuru court claiming that Zachary was their son and wanted to prosecute Mrs Saitoti for keeping their son allegedly stolen from their Subukia home in 24 years ago.
They had claimed Zachary was born Stephen Wachira and was kidnapped when he was three years old by a woman who was arrested but then acquitted by a Nairobi court.
The dispute arose after the couple saw Zachary on TV during the burial of his father George Saitoti who died in a helicopter clash.

 

COUPLE CHARGED FOR BEING IN POSSESSION OF TWO GRENADE IN NAIROBIS EASTLEIGH AREA.

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Hassan Mahati Omar and his wife Fardosa Mohamed Abdi at Milimani Law Court yesterday where they were charged with being in possession of two grenades in Nairobi’s Eastleigh area.

BY SAM ALFAN,

 

A couple was yesterday charged with being in possession of two grenades in Nairobi’s Eastleigh area.
The two Hassan Mahati Omar and his wife Fardosa Mohamed Abdi who were arrested on Tuesday appeared before Senior Principal Magistrate Ellena Nderitu accused of two counts of being in possession of explosive material contrary to section 29 of Explosive Act Cap 115 laws of Kenya.However the couple pleaded not guilty to the charges they are facing.
The prosecution through an application requested the court to deny the accused bail on grounds that they were a secuirty threat and police had information that accused were in possesion of 20 grenades but only two were recovered.
“Police are striving to seal any loopholes in their investigations as the accused refused to cooperate with them on the whereabouts of the other grenades. It should also be noted that the grenades recovered were meant to be used against innocent citizens,” argued the prosecutor Isiaiah Mwiranga.
He also argued that if the accused are released on bail they were likely to intervene with ongoing investigations.
Mwiranga told court that the accused on April 1 at Madina Apartments in Eastleigh Section 7 within Kamukunji area, Nairobi were found in possession of two hand grenades intended to cause grievous harm to members of the public.
Omar and Abdi also faced a second count of committing terrorism contrary to the law after it was alleged that on the said date being members of Al Shabaab they were both found in possession of the two hand grenades which were meant to be used for terrorism activities.
A heated exchange ensued between the prosecution and defence on whether the two should be admitted to bail. In his submissions the accused’s lawyer Chacha Mwita requested the court to release the accused on bail as it is their constitutional right to be admitted to bail. “These are mere allegations and nothing has been shared with this court to show that the accused had 20 grenades as alleged. The prosecution has a duty to demonstrate on how the accused are likely to interfere with investigations other than using speculation to deny the accused their constitutional right to bail,” Mwita argued.
He also requested the court to release the two being a couple with children . “The second accused is expectant and the couple have children who depend on them I urge the court to put into consideration this fact before yielding into the prosecution’s request to deny them bail,” he stated. Mwita further argued that there was no compelling reason to deny the accused bail as they are Kenyans with a fixed abode.
However the prosecutor strongly opposed defence’s request arguing that the application by the defence was meant to defeat justice. He requested the accused to be remanded in custody for two weeks to allow police to complete investigations.
The magistrate upheld the prosecution’s requested and directed the two to remain in custody until April 17 when the court is also expected to rule on whether the they will be admitted to bail or not while the hearing is set for June 25.

 

SUPREME COURT STOPS IEBC FROM DECLARING MIGORI COUNTY GOVERNOR SEAT VACANT.

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Migori county Governor Zachary Okoth Obado with his lawyer Okong’o omogeni at the supreme court.

By SAM ALFAN.

The Supreme Court stopped Independent and Electoral Commission from declaring Migpori seat vacant until the appeal lodged by former governor is heard determined.
Justice Mohamed Ibrahim directed there be no swearing of the speaker to act governor until further from the court.
The judges said the removed governor Zachary Okoth Obando has lodged an appeal challenging the decision of the court appeal to have him removed from office for allegedly being unlawfully elected.
The appellant through his lawyers Admednasir abdullahi, Okongo Omogeni and Rogers Sangana told the that the IEBC is likely to declare the position vacant and call for by election.
Mr Omogeni urged the court to issue an order halting execution of the judgment.
” There is a stay of execution of the whole judgment and orders of the court of appeal sitting at Kisumu i pending hearing and determination of the appeal to the Supreme Court” he said.
The judge certified the application urgent and directed that the same be served and the matter be heard inter-parties April 8by a two judge bench.
Omogeni submitted that the three judge of court appeal in arriving on the decision to sack the applicant they made gross constitutional violation which has infringed his client fundamental right and freedoms.
The said constitutional violation made by the judges of the court of appeal remains justifiable for determination by the Supreme Court, he told the court.
He said the appeal before the Supreme Court raises arguable constitutional matters and has a high probability of success.
Omogeni further said that the effect of the judgment means the appellant’s gubernatorial seat risks being declared vacant before the appeal is heard fully and determined.

 

REPRIEVE FOR MUNYA.

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Senior counsel Okongo Mogeni with embattled Meru governor peter munya outside Supreme Court after the court ruling reinstated him as Meru governor.

 

BY SAM ALFAN

 

Supreme has reinstated Peter Munya as governor for Meru County and halted the Independent Electoral Boundary Commission from setting on motion the election in county pending the hearing and determination of the appeal.
Justice Professor Jackton and Dr Smoklin Wanjala said in their ruling the embattled governor has a good which the supreme muse hear and determine.
The two judges upheld the submissions of senior counsel Okongo Mogeni and Professor Tom Ojienda that the appeal raises constitutional issues which the Supreme Court should consider.
The judges further suspended the execution of the court of appeal judgment which removed out Munya, saying the judgment should remain abeyance until the appeal before the supreme is heard by full bench.
The two judges further dismissed a preliminary objection raised by IBEC, saying the appeal before court serious issue of constitution
They directed the file be placed before the Chief Justice Dr Willy Mutunga to appoint a full bench to hear the appeal on priority basis.
Embattled former Meru governor Peter Munya has moved to Supreme Court seeking an order to stop the Independent Electoral and Boundaries Commission from declaring his seat vacant.
Munya through his lawyer Okongo Omogeni told Justice Dr Smoklin Wanjla, that the Electoral Commission is likely declare the position vacant and call for by election.
Mr Omogeni urged the court to issue of execution of the judgment of Justice Alnasir Visram, Jamila Mohamed and Otieno Odek who sacked the applicant on 14 March 2014.
“There be a stay of execution of the whole judgment and orders of the court of appeal sitting at Nyeri pending hearing and determination of the appeal to the supreme court” he said.
The judge certified the application urgent and directed that the same be served and the matter be heard inter-parties tomorrow by a two judge bench.
The immediate Meru contests the swearing in of the speaker of the Meru County assembly in an acting capacity for 60 days, if his appeal is not heard.
“In line with the County government Act, the elections commission is set to declare the seat vacant within seven days of court ruling),” Lawyer Okong’o Omogeni told the Supreme Court.
Omogeni told the court that the matter was urgent and he is ‘ready to serve the respondents who are based in Nairobi.
The learned lawyer told Justice Wanjala that the appellate court sitting in Nyeri last week nullified the client in violation of the constitution.
Resident of Meru County will wait for hearing and determination of Munya appeal to know whether they will return to the ballot to elected new governor or wait for Munya to complete his five years term as Meru governor.

HIGH COURT HAS CLARIFIED ON IT ORDERS ISSUED OVER PUBLIC TRANSPORT VEHICLES ,

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Lawyer mark Nduati with matatu welfare association chairman Dickson Mbuguaat Milimani Law Court after the court clarified order issued on public transport regulation.

By SAM ALFAN

 

High court judge Justice George Odunga has clarified his order he issued on public transport regulation, saying the court doesn’t understand why PSV vehicles are not on the road.
He said the court gave an order staying the operation of regulation 11 of the national transport and safety authority which required PSV to have speed governors fitted in the vehicles.
Regulation 11 of the rules the owners of the public transport vehicles to in place or outsource a fleet management system capable of recording speed and locating of the vehicle at any one time.
Subsection (b) in which stayed pending further orders of the court required the owners of the vehicles subscribe to data storage system capable of storing data on vehicles speed, location and operation for a period of thirty days.
The judge said the parties ought to have read his orders accordingly.
The entire regulation of the national transport and safety authority was stopped from implementation according to the record from the court as recorded by the presiding judges.