Month: September 2014

SACKING OF AP COMMANDANT ILLEGAL RULES COURT.

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Deputy Commandant of Administration police Mr Eusebius Laibuta is vetted at the Skypark building on Saturday, January 11.

BY SAM ALFAN.
High court has quashed the decision of National Police Service Commission to sack former deputy commandant of the administration of police Mr Eusebius Karuti Laibuta
Justice George Odunga found that the decision of the vetting panel was wrongly arrived and was not conducted in accordance with Article 47 of the constitution which requires fair administrative action.
The judge said that Inspector General of police David Kimaiyo and other two commissioners Grace Kaindi and Samwel Arachi purported the sign the decision in which they never interviewed the petitioner.
The action by the three commissioner amounted into abuse of power and same is rejected, the judge said.
The court further found and held that its only four commissioners who interviewed the applicant, but seven commissioners sat and wrote the undated decision which sent commandant home.
Justice Odunga questioned the three commissions for having acted unlawfully; saying they never heard the petitioner so as to render their judgment.
“They never heard the questions that were put forth by other panelist nor did they examine his demeanor and not privy to the proceedings that took place before the four commissioners.
The judge said that only the commissioners who took part in the interview were a better position to deliver the ruling on the fate of the petitioner.
The participation of the three commissioners in writing the decision was highly irregular it compromised the entire process and amounted to judging petitioner without having heard from him.

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COP BEING HELD AFTER SHOOTING TWO PEOPLE.

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Police officer Fredrick Bichang’a Obara who allegedly shot two people in Nairobi Industrial area escorted to Milimani Law court basement (30/09/2014).

BY SAM ALFAN.

A police officer who allegedly shot two people in Nairobi Industrial area has be ordered remanded in police custody for a period of twelve days to enable Criminal Investigation department to complete probe surrounding the incident.
The investigating officer John Shegu made the application in the high court seeking more to enable him investigation to the incident in which Robinson Omusali Karatasi(deceased) and Livingstone Kusimba Vukono now admitted at Shalon hospital.
The officer says in his affidavit that investigations are ongoing and due to technicalities more time is required to record the statements from crucial witnesses at Reuben slums, mater and shalon hospital and further conduct post Morten.
The matter will be mentioned on 14 October 2014 for further directions as to the plea taking.

COURT ALLOWS SH 1.2BILLION SECURITY TENDER TO PROCEED.

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Central Bank of Kenya Lawyer Waweru Gatonye opposing application for stay Milimani law court after directed CBK to immediately proceed with the signing of the Sh 1.2 billion security system installation tender awarded to Horsebridge Networks Ltd.
BY SAM ALFAN

High Court has absolved the Central Bank of Kenya governor Prof Njuguna Ndung’u of wrongdoing in the award of the Sh 1.2 billion securities tender and directed the bank to immediately finalize it.
The Court directed CBK to immediately proceed with the signing of the Sh 1.2 billion security system installation tender awarded to Horsebridge Networks Ltd.
However, the judge stayed his decision for the said period after the (EACC) lawyer made an oral applicatication seeking to stay to allow Ethics and Anti-Corruption Commission (EACC) which has since been dissatisfied with the tender award to lodge an appeal.
“Since this matter involves public funds, a stay for a period of 30 days will do no harm to the applicant and CBK,’’ Korir ruled.
The lawyer was directed to file the appeal application at the court of appeal with the 30 days he was given by the court to persue his appeal against high court decision that gave green light to CBK proceed with the signing of the Sh1.2 billion security system installation tender with Horsebridge Networks Limited.
.The judge ordered the CBK to formalize the contract after it emerged during the hearing that it was in process of implementing the decision of the review board but only failed to do so upon learning of the investigations by the EACC.
Before the judge could reach his determination EACC was given 45 days to conclude its investigations but the fruits of the exercise according to the judge are yet to been seen.“We cannot speculate on why investigations have not been concluded.”
The tender awarded to Horsebridge Limited is set to revamp the security surveillance system at the Central Bank and according to EACC, it needed more time to investigate the conduct of Horse bridge Network Ltd during the tendering process.
Two unsuccessful bidders namely ORAD and Indra Systems participated in the tendering process but lost to Horsebridge.
The office of the Director of Public Prosecutions (DPP) has questioned the security tender and claims it would cost the tax-payer an extra Sh400 million as it was not the lowest bid.
In the evaluation process Horsebridge emerged the lowest bidder having quoted Sh1.2 billion.
The DPP had recommended that Governor Njuguna Ndung’u be prosecuted for abuse of office saying that based on the evidence; he improperly and unlawfully conferred a benefit to Horsebridge Network System EA Limited.
But Ndung’u, who has since obtained temporarily orders stopping his prosecution, insists that he was not in any way involved in the tender process as set out.

MALE NURSE TO FACE DEATH OVER BOTCHED ABORTION.

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A 41 year-old Jackson Namunya Tali escorted by a policeman to Milimani law court basement cells after he was given a death sentence by the High Court for procuring an abortion.
BY SAM ALFAN.
A nurse will spend the rest of his life in prison after he was given a death sentence by the High Court for procuring an abortion.
Justice Nicholas Ombija sentenced the 41 year-old Jackson Namunya Tali to death after finding him guilty of committing the offense in 2009. The constitution of Kenya however rules out any death sentence commuting the same to life imprisonment.
Jackson Namunya Tali whose work station was at Kihara sub district hospital, in Gachie Kiambu County as a medical officer at the time is said to have facilitated an abortion five years ago.
According to evidence provided in the High court, Christine Atieno now deceased and who was apparently expectant at the time visited the clinic of the accused with the express intention of having her pregnancy terminated.
The convict procured an abortion which resulted into over bleeding and eventually the death of the patient
.Jackson Namunya Tali the convict however did not deny attending to the late Atieno admitting that he offered her some form of treatment but denied procuring an abortion.
In his defense, the convict told the court that the deceased had been treated elsewhere eight days before she visited him for consultation. But while passing a death penalty sentence to the nurse justice Ombjia said the court had established that there was some which malice leading to the death of the patient.
He further stated that the nurse interfered with the fetus which led to over bleeding and subsequently the death of Atieno. Namunya however is at liberty to move to the court of appeal to pray for the verdict to be overturned.
In July 2014 in a landmark judgment in the case of Godfrey Ngotho Mutiso vs. the Republic the Court of Appeal declared that the application of a mandatory death sentence on all prisoners convicted of murder was unconstitutional.
The Court of Appeal ruled that the mandatory nature of the death penalty in Kenya is a violation of the right to life and amounts to inhuman punishment.
The judge said it was clear to him something interfered with the fetus leading to deaths.
“As to who interfered with the fetus that led to the over bleeding was a fact within the accused knowledge only he, could explain how the deceased who visited his clinic while well and not bleeding happened to over bled culminating into her demise”
He said the evidence against the medical practitioner was purely circumstantial.
In his mitigation, the accused told the court that he was a first offender and had never had any trouble with the law and asked the court to consider the fact that he had been in custody for the last years.
However the judge said a prima facie case had been established to sustain the charge of murder.
Namunya has 14 days to appeal against the conviction and sentencing.

FKF ALLOWED TO HOLD MEETING TOMORROW.

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Football Kenya Federation President Sam Nyamweya.
BY SAM ALFAN.

Football Kenya Federation has been allowed to hold its Special General Meeting scheduled to take place tomorrow at Eldoret town. Justice Mumbi Ngugi, said that application filed by three suspended
officials seeking to block the meeting has come too late.
The judge said that the former officials Sammy Tiyoi Sholei, Dr Dan Shikanda and Hussein Swaleh Hussein were suspended by the federation President Sam Nyamweya on 2 July 2012 for misconduct.
It’s now three years since they suspended from the federation, saying that they have had enough time to solve their dispute.
The judge further said that, the removal of the officials has been ratified twice by the National Governing Council. It has been submitted that even the tribunal which supposed to hear
there disputes is not yet in place, the judge observed.

Sholei was barred for a period of six years from participating in football related activities, after he and two colleagues challenged FKF from ratifying the constitution for the federation.
The special general meeting is meant to fill the vacant position of Vice Chairman which was held by Mr Shollei while Mr Shikanda was relieved the position of national executive committee representing
Nairobi region and Hussein had been elected on behalf of the Coast Province.
The trio moved court under certificate of urgency seeking order to stop the meeting alleging that they were not given opportunity to defend themselves after the suspension from FKF.

The federation issued a notice of 8 September 2014 for the SGM to be held on Eldoret with sole agenda of filling the position previously held by the applicants.

They want the meeting halted to allow them exhaust the dispute resolution mechanism and the appeal before the National Olympics of Kenya.

COURT ANNULS PRIMARY SCHOOL LAPTOP TENDER PROJECT.

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Indian company Olive limited Lawyers Mohamed Nyaoga and Senior Counsel Ahmednassir Abdullahi leaving Milimani Law Court after they obtained orders suspending laptop tender.(March 19, 2014).
BY SAM ALFAN.
The high court has ordered fresh tendering of the ambitious primary school Laptop project.
A three judge bench held that the Public Procurement Administrative Review Board acted in beyond their mandate by nullifying th lucrative tender.
Justice Francis Gikonyo, George Odunga and Weldon Korir faulted the review board for failing to put a balance while considering additional to cut across to all bidder.
The court further found that the board barred the Indian company Olive limited from participating in the tendering process, without considering the material and documents that were placed before it.
The judges said while the project was considered as progamme to promote the education of school going children, the board exceeded its legal order outside the tendering process.
“The project as announced by the government ought to have been carefully looked at by the procurement entity” they said.
The ministry of education was also faulted for failing to disclose in the tender documents where laptops were to be sourced.
Olive Telecommunications Pvt Limited whose Sh24 billion tender to supply the laptops was canceled by the Review Board had obtained orders stopping the government from procuring afresh the laptops
Justice Korir who first heard the application issued the barring order against the the Ministry of Education, Science and Technology from proceeding to award the tender for the supply of laptops to primary schools in the country.
“The ministry is restrained from any further procurement proceedings in respect of Tender No ICB/MOEST/7/2013-2014 for the supply, delivery, installation and commissioning ICT integration in devices and solutions for primary schools in Kenya until the determination of this case,” ruled Justice Korir.
The firm had moved to court claiming that the review board’s decision to cancel its tender was a breach of their rights and based on falsehoods concerning the status of the company.
It sought that the Ministry of Education stopped from proceeding to re-evaluate bids by computer firms HPU of the Netherlands and Hailer of China with the aim of awarding either of them the tender for supply and installation of computers to primary schools across the country.
Olive through their lawyers Mohamed Nyaoga, Guto Mogere and Ahmednassir Abdullahi said it was aggrieved by the actions of the board to annul their tender award without giving them a fair hearing. Olive stated that the Board made a ruling on whether the firm had met financial criteria to qualify for tender and whether it submitted its bid alone or with another entity yet the matter was not properly before the Board for it to consider.
Ends.

SUSPENDED FKF OFFICIALS FAILS TO SECURE AN ORDER TO HALT THE FEDERATION’S SGM.

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Football Kenya Federation President Sam Nyamweya.
BY SAM ALFAN.
SUSPENDED officials of Football Kenya Federation failed to secure an order to halt the organization’s special general meeting scheduled to take place on Friday 26.
Justice Mumbi Ngugi declined to issue the order to stop the meeting but instead directed the application be served upon the FKF and the matter be listed for hearing tomorrow inter parties.
The judge further directed that FKF file its replying affidavit to the application before the petition is heard.
The former officials Sammy Tiyoi Sholei, Dr Dan Shikanda and Hussein Swaleh Hussein were suspended by the federation President Sam Nyamweya on 2 July 2012 for misconduct.
Sholei was barred for a period of six years from participating in football related activities, after he and two colleagues challenged FKF from ratifying the constitution for the federation.
The special general meeting is meant to fill the vacant position of Vice Chairman which was held by Mr Shollei while Mr Shikanda was relieved the position of national executive committee representing Nairobi region and Hussein had been elected on behalf of the Coast Province.
The trio moved court under certificate of urgency seeking order to stop the meeting alleging that they were not given opportunity to defend themselves after the suspension from FKF.
The federation issued a notice of 8 September 2014 for the SGM to be held on Eldoret with sole agenda of filling the position previously held by the applicants.
They want the meeting haled to allow them exhaust the dispute resolution mechanism and the appeal before the National Olympics of Kenya.