Month: June 2014

BAN REMAINS ON SOCCER WORLD CUP TV BROADCASTS.

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Lawyer Kennedy Ogeto leaving Milimani Law Court in Nairobi after the court extended orders restraining three digital television companies from airing world cup tournament in Brazil.

BY SAM ALFAN.

 

High Court has extended orders barring Star Times, Pan Africa Network Group Kenya and Wananchi Group Limited from broadcasting the ongoing world cup in Brazil.

While making an extension of the orders Judge Eric Ogola set the inter-parties hearing date on Thursday this week.
Justice Eric Ogola issued orders on Friday issued orders restrained three digital television companies from airing World Cup tournament in Brazil after Kenya Broadcasting Corporation sued them for broadcasting without authorization.
According to the replying affidavit sworn by Managing Director of Pan-Africa Network GROUP (Kenya) argues that their company is a digital terrestrial television platform and not a pay-tv as its alleged by Kenya Broadcasting Corporation (KBC).
‘”The second defendant is required to distribute free broadcasts by third parties including that of the plaintiff. By so distributing the broadcasts, the second defendant enhances the plaintiffs reach on the Digital Terrestrial Television to Kenyan who own Digital Top boxes” says the affidavit sworn by Managing Director of Pan-Africa Network GROUP (Kenya).
The affidavit further state that such distribution of the free o air content does not change the nature of the broadcast or the platform from free to air to subscription or pay TV.
But according to document filed in court on Friday by KBC, the three pay TV companies have no license or authority to broadcast the World Cup tournament.
The country’s broadcaster argued that it has signed a license agreement jointly with FIFA and Africa Union of Broadcasting (AUB) that granted it exclusive media rights to broadcast the competition in Kenya through television and radio.
Corporation (KBC), which has exclusive rights to broadcast the World Cup in the country, moved to court seeking to block the respondents from infringing their copy right by way of advertising, broadcasting, airing or promoting the 2014 world cup.
Judge Under the said agreement, KBC was granted exclusive broadcast rights in Free to Air platform (FTA) which need not pay subscription fees to access the contest.
However, the respondents have through adverts and public announcements expressed their intention to broadcast the tournament live through their television stations.
The Pay TV stations are accused of broadcasting the commencement of tournament and related events on June 12 2014 when the much awaited soccer event kicked off.
Justice Ogolla heard that KBC has written to the respondents warning them against broadcasting the 64 matches using the applicants’ television station as this would breach the conditions of the license agreement with FIFA.
“The respondents have gone ahead and broadcasted the matches on their platform through the applicants television signal. The move is an infringement of the applicants copyright and will lead to the breach of the obligations in the license from FIFA, ’’ Ogeto argued.
Further KBC contends that the respondents are undermining its position in the market as an exclusive licensee to enjoy the commercial gains through advertisements and other benefits.
The court was told that if the respondents are not stopped, KBC would be exposed to legal suits from FIFA for allowing unauthorized persons to exploit the radio rights without its approval or license from FIFA.
The matter is set for interparty hearing on Thursday this week when the hearing of the case will commence.

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TWO CITIZENS SEEK TO STOP IMPEACHMENT MOTIONS.

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Devolution secretary Anne Waiguru who survived an abortive impeachment motion by Igembe South MP Mithika Linturi.

BY SAM ALFAN.

Two two petitioners has moved in court seeking orders to stop the speaker and the clerk of the national assembly and the speakers from all the 47 county assemblies from accepting any motions to impeach cabinet secretaries, county executive members and Governors.
The duo Douglas Njenga Irungu and EmillyNjoki Maina, says that there is imminent threats by members of parliament and members of county assemblies to impeach cabinet secretaries, which move might prejudice the rights of the applicants.
They also want the court to interpret the meaning of acts that amount to gross misconduct by the said officers.
They say that the recent motion before the House against Devolution and Planning Cabinet Secretary was brought total disregard of the constitution as set out in article 118 of the statues.
” The current missions by members of parliament and county assemblies will have devastating and potential harmful consequences to the offices of the cabinet secretaries and county governors” they said.
The applicants through their lawyer Njenga Mwangi told justice Mumbi Ngugi, that their application is urgent and the court should exercise its powers and issue the orders sought to prevent the action of members of parliament and county assemblies from the filing the impeachment motion.
The court certified the matter urgent and the directed the same be served upon the governors in the 46 counties the matter be heard on June 19.

 

KBC BLOCKS THREE FOREIGN PAY TV FIRMS FROM WORLD CUP BONANZA BROADCASTS.

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Lawyer Ken Ogeto addressing the press at Milimani Law Court in Nairobi after he obtained orders restraining three digital television companies from airing world cup tournament in Brazil.

 

BY SAM ALFAN.

HIGH court has restrained three digital television companies from airing World Cup tournament in Brazil after Kenya Broadcasting Corporation sued them for broadcasting without authorization.
In an application filed under certificate of urgency in court on Friday, Kenya Broadcasting Eric Ogolla barred Wananchi Group Limited, Pan African Network Group Limited and Star Times Media Kenya Ltd from interfering with KBC’s copy right to air the event.
According to KBC, the the three pay TV companies have no license or authority to broadcast the World Cup tournament.
The country’s broadcaster argued that it has signed a license agreement jointly with FIFA and Africa Union of Broadcasting (AUB) that granted it exclusive media rights to broadcast the competition in Kenya through television and radio.
Corporation (KBC), which has exclusive rights to broadcast the World Cup in the country, moved to court seeking to block the respondents from infringing their copy right by way of advertising, broadcasting, airing or promoting the 2014 world cup.
Judge Under the said agreement, KBC was granted exclusive broadcast rights in Free to Air platform (FTA) which need not pay subscription fees to access the contest.
However, the respondents have through adverts and public announcements expressed their intention to broadcast the tournament live through their television stations.
The Pay TV stations are accused of broadcasting the commencement of tournament and related events on June 12 2014 when the much awaited soccer event kicked off.
Justice Ogolla heard that KBC has written to the respondents warning them against broadcasting the 64 matches using the applicants’ television station as this would breach the conditions of the license agreement with FIFA.
“The respondents have gone ahead and broadcasted the matches on their platform through the applicants television signal. The move is an infringement of the applicants copyright and will lead to the breach of the obligations in the license from FIFA, ’’ Ogeto argued.
Further KBC contends that the respondents are undermining its position in the market as an exclusive licensee to enjoy the commercial gains through advertisements and other benefits.
The court was told that if the respondents are not stopped, KBC would be exposed to legal suits from FIFA for allowing unauthorized persons to exploit the radio rights without its approval or license from FIFA.
The matter is set for interparty hearing on June 16.

 

 

 

 

 

 

 

POLICE DIRECTED TO ARREST NAIROBI COUNTY SECRETARY.

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Nairobi county secretary Lillian Ndegwa.

BY SAM ALFAN.

High Court has issued warrant of arrest against Nairobi county secretary Lillian Ndegwa after she failed to appear in court on May 29 to show cause.
Justice Majanja instructed Central Police boss, Fredrick Lai, to arrest Ndegwa for failing to obey court to pay Jane Njoki Sh30 million.
“Whereas the honorable court has made an order for the arrest of County Secretary of Nairobi County and be brought before this court for failing to show cause why they have not paid the decretal Sh20 million together with interest at 12 per cent,” the warrant issued by Majanja
Stated.
“You are hereby (Lai) to arrest the said judgment debtors and bring him/her with convenient speed.” Warrant added:
Njoki was awarded the money in a civil suit 15 of 1995 in which she was to be paid Sh20,112,500 on October 10, 2009 but has accrued interest since then to June 3, 2014 of Sh8,748,110.
Njoki and her late husband, Dickson Mwangi, purchased leasehold property No. 209/2489/6 as joint tenants from Banarshi Goshi on June 12, 1978 for Sh240, 000.
They then borrowed a loan of Sh160,000 from Standard Chartered Bank on February 26, 1996, developed it and leased out the premises to several lessees to get rent as an income which varied over the years.
The two then received rate demands from the city council which was also Njoki’s employer which was settled though at times late.”On February 13, 2001, we learnt that the property had been sold by the city council in 1995 for non-payment of rates pursuant to orders in decree issued by the council magistrate in a suit I was not aware,” Njoki said in an affidavit she swore during the case.
She said her husband Mwangi on receiving the news became very ill partly due to trauma and shock of losing the property and passed on.
On February 2, 2006, Njoki filed a case in the city council courts and all subsequent orders of the case were set aside as they had not been served with summons or any pleadings of the case (civil suit 15 of 1995).
“The aforesaid motion was heard interparty where after in a ruling delivered on December 14, 2006 the city council resident magistrate set aside the judgment and decree issued on July 19,1995,” court papers drawn by Kwanga Advocates says.
In a consent entered after the judgment, the city council agreed to pay Sh37, 894,200 million with Sh10 million being the first installment. The remaining amount was to be paid in Sh5 million which did not materialize.
The award arose out of a legal dispute over a piece of property.

CBK BOSS FAILS TO SECURE CONFIDENTIAL DOSSIER IN TENDER ROW.

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Central Bank Governor Professor Njuguna Ndungu.

By SAM ALFAN.

Central Bank Governor Professor Njuguna Ndungu has failed to secure confidential document that were exchanged by Ethics and Anti- Corruption Commission and Chief Justice touching on matter pending before court.
Justice Odunga termed the application as premature and lacks merit and dismissed the application and said chief justice and nation media group were not parties to the matter.
CBK boss moved to court through his lawyer seeking orders to compel Ethics and Anti- Corruption Commission to provide him with documents that has exchanged with Chief Justice touching on matter pending before court.
The governor through his lawyer Donald Kipkorir told Justice George Odunga, during the hearing of the application that the commission has refused to surrender the correspondence between it and the Chief Justice, saying that the court has the power to issue compelling orders against EACC.
The lawyer said that EACC has caused publication in one of the local daily accusing a high court judge of having issued an order stopping the prosecution of the CBK governor.
Mr. Kipkorir said that his clients need the documents to commence contempt proceedings against the commission.
He said the correspondence are materials his client want to look at so as to determine his rights been violated.
The matter was filed under certificate of urgency and Justice Odunga certified the application as urgent and directed the same be served upon EACC.
Lawyer kipkorir told the court that the Attorney General has not served them with submission and were directed to serve within seven days and matter to be mentioned on 23 0f June before justice Odunga to take the hearing date for the petition

 

IRINGO IN TROUBLE OVER SH30M PAYOUT TO TRADER.

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Interior Principal Secretary Mutea Iringo

BY SAM ALFAN.

 

High Court judge has today yet again Ordered the Interior Principal Secretary Mutea Iringo to appear in court on 3rd July this month to explain why his ministry is yet to pay over Sh31 million to a Tanzanian
businessman for wrongful prosecution.
Justice George Odunga Thursday directed that Mr. Iringo to present himself to court for further orders after subsequently failing to explain why Mr. James Alfred Koroso has not been awarded Sh31, 576,584.35 since 2008 as compensation.
The compensation was awarded for wrongful arrest and robbery with violence charges against Mr. Koroso at a Kiambu magistrate court which later acquitted him.
Justice Odunga made the directive after a state lawyer representing Mr. Iringo said that negotiations are ongoing in order to reach an agreement on what should be done to Mr. Koroso.
But Mr. Koroso’s lawyer argued that the PS had on several occasions failed to obey court summons or orders and pleaded with the judge not to tolerate any Explanations.
Justice Odunga had initially issued extended orders requiring the Inspector general of police to arrest Principal Secretary Ministry of interior and co-ordination of National Government Mr. Mutea Iringo and produce him in court to be cited for contempt.
Justice George Odunga said that no proper reasons have been given to the court n certify why he has not come to court.
The officer was supposed to have appeared in court on 11 February 101`4 to show because why action should not be taken against for failing to honor the court judgment in which a Tanzanian national James Alfred Koroso was awarded Sh 31 million has damages arising from malicious prosecution by the state.
Mr. Kosoro was arrested in Taveta by police charged in Kiambu Chief Magistrate court with the offence of robbery with violence in 1993. He was however acquitted to the criminal indictment and later filed a civil suit in 1996 claiming damages and for malicious prosecution the matter was decided in 2008 by Justice Jack ton Ojwang who a awarded him Sh 21 million has damages.
He says that to date the government has not paid the money has ordered by the court.
The matter will be mentioned on 3of July to show cause why he should not held in contempt of court

JUDGE STAYS PUT IN TRAFFIC RULES SUIT.

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High court Judge Justice George Odunga.

BY SAM ALFAN

National Transport and Safety Authority has suffered a major setback, after high court judge declined to disqualify himself from hearing the application challenging regulation on public transport vehicles.
Justice George Odunga said the application by the Authority to asking him to disqualify himself from the case was made in bad faith and without giving sufficient reasons to refer the matter another judge.
He said referring the matter to another judge has sought by the Authority is like shopping for a court which will give a different decision in its favor.
The court said that all judges are equal and have sworn to deliver justice without fear or favor.
“There is no right for litigant to decide which judge should hear the application on any disputed matter” said justice odunga
The judge held the submission of Harrison Kinyanjui, that a part who is aggrieved by the decision of the court can appeal, but to ask the presiding judge disqualify from hearing the matter..
Further attempt by the Authority to have the court stay its decision on disqualification was also declined instead the judge proceeded to give directions on the hearing of the main application which he said should be heard on July1.

NtionalTransport and Safety Authority filed an application seeking justice Odunga disqualify himself from hearing the case challenging new transport regulations since he already handled a related case that touched on the alleged night travel ban.
The authority was reacting to the Transport Cabinet Secretary’s admission over the irregularly passed transport regulations and filed an application seeking judge Odunga to excuse him with the case.
Authority said it had no integrity allegations with judge Odunga but only felt that another judge should handle the matter.
“If this matter must be heard then let it go to another judge, we are not questioning your integrity, the only reason is that you have heard this matter before, ruled on it, issued orders based on the regulations, just allow this to be heard by someone else,” said Mr Agwara.
In the document presented by State lawyer Emmanuel Bitta, Eng Kamau agrees that the new regulations on transport were passed without being tabled before parliament and did not notify the court through his Principal Secretary during the hearing of a case filed by bus owners seeking the suspension of night travel ban.
Eng Kamau however said that while drafting the said regulations which were published on a
Gazette notice as 23 of 2014 he was in consultation with the office of the Attorney General who gave him an approval in a bid to ensure public safety.
He said he therefore had the right powers to initiate the same although it was purely an unintentional omission that Mr Bitta who was representing him was not aware of the published rules in the Kenya gazette.
“I was constrained to promulgate Legal Notice 23 of 2014 to ensure that there were subsisting regulations that would ensure public safety was safeguarded, my office consulted with the drafting department in the office of the AG who approved the same,” he said.
“I was informed by the Principal Secretary that the said regulations may not have been submitted to parliament within the time prescribed and the outcome of the same would be null and void,” he added.
However he insisted that the said notices were later placed before parliament for approval.
He denied being aware that the case filed by bus owners on night travel regulations had been finalized despite his actions.
“I was not aware that this Court had heard the case to conclusion and was in the process of writing it’s ruling when the notice on the regulations was published; I was informed that this case raised concern over the said regulations on whether the same had been tabled before Parliament within the period required,” he said in court documents.
And this means that an order granted by Justice Odunga on April 14 lifting the alleged night travel ban is still in force hence public service operators can continue with their businesses as before.
Further attempt by the Authority to have the court stay its decision on disqualification was also declined instead the judge proceeded to give directions on the hearing of the main application which he said should be heard on July1.