Month: August 2014

COURT SUMMONS MUTHAMA, NDEMO OVER MALILI LAND.

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Senior Counsel Paul Muite who was appointed as the lead prosecutor in the multimillion corruption case involving senior lawyers, politicians and former State officials linked to Malili Ranch in Machakos County.

BY SAM ALAN.

Two top former civil servants and Machakos Senator Johnstone Muthama have been summoned to appear in court on Friday next to plead criminal charges. The two former Permanent secretaries Bitange Ndemo and Zablon Agwata formerly of the ministry of Lands and seven others have been indicted with offence of stealing and failing to adhere to regulation relating to procurement. The ten are accused of defrauding the government of Sh 1 billion in the purchase of 5,000 acres of land located at Maili ranch in 2009. The summonses were issued by senior principal magistrate Peter Ndwiga following an application by senior counsel Paul Muite. The prosecution of the accused was recommended by the office of the director of public prosecution on account of investigations by the Ethics and Anti- Corruption Commission.

PRESIDENT DIRECTED TO APPOINT TSC CHAIRMAN.

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High court Judge Isaac Lenaola.

 BY SAM ALFAN

 The President is forward a name of person to be appointed as the chairman of the Teacher Service Commission, the court has ruled.

 Justice Isaac Lenaola said that the head of state should select the name from Dr Kamunge panel but exclude the name of Kiragu wa Magochi whom parliament has rejected in three occasions.

 The judge said that a service at the TSC has been brought into halt due to absence of the chairperson and the same should be done expeditiously.

The order of the court arises from a petition filed by a litigant who filed case to challenge the decision of Teacher Service Commission selection panel to advertise for the position chairperson.

The applicant Wycliffe Gisebe Nyakina, told the court that it’s the President who is required by law to summit a fresh name of the chairperson to the national assembly and not to constitute another panel.

City lawyer Ashiford Muriuki told the court that the President’s nominee Kiragu Wa Magochi was rejected by the national assembly on 1 October 2013 what could follow was to nominate another person from the listed of the selected candidates and forward the same for approval by the house.

The court heard that the attorney general has taken the correct position that a fresh name should be forwarded to the national assembly from Short listed persons.

The action by the TSC selection panel violates section 8 (11) of the commission Act which provides mandatory terms that once a nominee is rejected by the national assembly the president should nominate another one from list submitted by the selection panel.

COURT SUSPENDS FRESH POLICE RECRUITMENT.

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High court judge Issac Lenaola.

BY SAM ALFAN.

The recruitment of police in 36 stations scheduled to take place on Monday has been halted.
High court judge Issac Lenaola said the exercise shall not take place until the matter pending challenging the earlier recruitments heard and determined.
The court had given directed The National Police Service Commission and Independent Policing Oversight Authority to embrace negotiation to solve the recruitment fiscal, however when the parties appeared before the judge they said no agreement had been reached.
Justice Lenaola had said that the dispute over the recruitment process can be solved by parties sitting down to find out where the problem was, rather than engaging in court battle.
He pointed out those parties fails to agree the matter shall proceed to full hearing and the court shall make a determination.
He said before the dispute is solved there shall be no issuing of letters of appointment to any one from the recruited persons.
The matter has been set for hearing on 11 September 2014

KIENI MP SEEKS TO QUASH CORD QUEST FOR PLEBISCITE.

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Kieni Member of Parliament Kanini Kega with his lawyer Kibe Mungai at Milimani Law Court on Wednesday (27/08/2014).

BY SAM ALFAN.

Kieni Member of Parliament has moved to court seeking orders to block CORD leaders from collecting signatures to initiate referendum.
The legislator says the move is unconstitutional as it violates section Article 257 of the constitution.
He says that the exercise is being undertaken without formulating their suggestion into a draft bill as required under Article 257 (3) of the constitution saying that its pre- condition requirement to have a draft Bill that will enable them to solicit and procure at least one million signatures.
”During the transitional period for implementation of the constitution which lapses on 27 August 2015, the constitution cannot be lawfully amended” he says.
The MP will be asking the court to issue conservatory order to restrain CORD from soliciting and procure ring the signatures.
The court will be further urged to stop the Independent Electoral and Boundaries Commission from receiving the draft Bill and signatures from the CORD leaders.
He has used CORD, OKOA Kenya ODM, and Attorney general, the constitution Implementation Commission and Independent Electoral and Boundaries Commission.
The petition will be placed before duty judge tomorrow for orders and directions.

 

DIRECTOR GENERAL FOR IMMIGRATION ORDERED TO APPEAR IN COURT.

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Lawyer Diana keth Kilonzo for the British journalist, Hannan Lucy Elizabeth at Milimani Law court on Wednesday (27/08/2014).

BY SAM ALFAN.
High court has summoned the director general, Kenya Citizens and Foreign Nationals Management Major General Gordon Kihalanwa to explain why his office refused to give work permit to British journalist, Hannan Lucy Elizabeth
Justice Isaac Lenaola issued the order after the journalist’s lawyer keth Kilonzo told the court that the director general has not complied order of the court requiring him issue the work permit to the foreigner resident in Kenya.
Maor Kihalangwa is to appear in court on 29 August 2014.
Kethi told the judge the scribe cannot work or her children be permitted to school without pass as result of refusal by the officer director of migration to give the necessary documents.
She can neither travel nor work in Kenya despite the court order, saying that she always apprehensive that she might be arrested and charged for being in the country without work Lenaola on 16 January 2014 and the same have not been complied with the lawyer told the court.

 

NDUNDA RESISTS PROPOSED ELEVATION OF KAIMOSI.

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Secretary General, Kenya National Association of Parents, Mr. Musau Ndunda delivers his message on behalf of parents.
BY SAM ALFAN.
The Kenya National Parents Association has challenged the Commission for University Education, the Office of the President, Cabinet Secretary for Education professor Jacob Kaimenyi among other respondents in court for upgrading Kaimosi Teachers College into a constituent college of Masinde Muliro University.
The association argues the upgrading is contrary to the law and it has rendered teachers,tutors and students of Kaimosi boys,girls and Kaimosi Institute of Technology as trespassers.
Over 1000 students from Kaimosi Institute of Technology, Kaimosi Boys , Kaimosi Girls schools and primary schools are on the verge of being branded trespassers if the institute housing all of them is upgraded into a constituent college of Masinde Muliro University.
According to the Kenya National Parents Association, which has challenged the matter in court, the ownership of the land belonging to the institute has been transferred to Masinde Muliro University.
The applicant told the court that this will affect the fate of more than 400 young people who join the institution annually as a middle level college and who miss out on university admission.
Other respondents are Vihiga County Governor and Hamisi MP Charles Gimose.The case will be heard on the 3rd of September at the Kakamega High-Court.

COURT ALLOWS SONKO TO SANCTION CORD LEADERS OVER SABA SABA RALLIES.

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Nairobi senator Mike Sonko lawyers Harrison Kinyanyui and Alphonce Mutinda at Milimani Law Court in Nairobi after Court allowed senator Sonko to pursue a contempt application against the Coalition for Reforms and Democracy (CORD) .

BY SAM ALFAN.

High Court has allowed Nairobi senator Mike Sonko to pursue a contempt application against the Coalition for Reforms and Democracy (CORD) for irresponsible utterances made during the saba-saba rally last month.
Justice Isaac Lenaola allowed Sonko to file the contempt charges against leaders allied to CORD who may have defied the order barring them from making utterances bordering on hate speech during the saba-saba rally held on July 7th at the Uhuru Park.
Sonko wants Senators James Orengo, Johnson Muthama, Otieno Kajwang’ and Elizabeth Ongoro together with former MP Reuben Ndolo jailed for six months or pay a fine of 2 million shillings each for disobeying a court order that had gagged them against incitement remarks.
The leaders have been hitting out at the court over the ruling that was reached after lawyers from all the parties involved in the suit entered consent in court on how the Saba Saba meetings should be conducted.
Among the issues the parties consented on was to hold CORD leaders liable to damages that might occur during the event and leaders not to call for mass action during the meetings.
Sonko had moved to court seeking to bar both Cord and Jubilee from holding political rallies on the ground that the rallies were creating tension in the country.
Nairobi County Senator Mike Sonko moved to court, seeking orders to stop rallies planned by Coalition for Reforms and Democracy (CORD) and the Jubilee Coalition.
The Senator sought in his petition to the High Court that interim orders be issued against the two political coalitions to prevent a breach of peace and violation of fundamental rights and freedoms.
Sonko said based on what he had observed from recent events, it would be dangerous to hold more rallies in different parts of the country as planned by CORD and Jubilee.
He expressed fears that the political animosity witnessed was likely to spread more divisions and may become uncontrollable looking at the ethnic nature of differences emerging.
The Senator further argued that the constitution gives no power to an individual to declare a national public holiday saying doing so would be illegal and killing the spirit of the constitution.