Month: October 2014
High Court Judge Isaac Lenaola at Milimani Law Courts in Nairobi where he nullified the entire countrywide police recruitment and ordered the National Police Service Commission (NPSC) to repeat the exercise.
By SAM ALFAN.
High Court sitting in Nairobi has nullified the countrywide police recruitment and ordered the National Police Service Commission (NPSC) to repeat the exercise.
Justice Isaac Lenaola said the recruitment exercise was riddled with corruption and NPSC should have considered complaints raised by different agencies.
The judge said NPSC illegally delegated power to recruit to sub-county police recruitment committees.
“The recruitment exercise carried out on 14 July, 2014 by sub-county recruitment committees was inconsistent and in contravention of the constitution,” Judge ruled.
Justice Lenaola said that as a result; the recruitment was done by unknown bodies.
He said the inspector-general of police was the only one who has powers to recruit new officers.
“Although the action might be painful and unpopular, the law must be obeyed and I therefore nullify the entire recruitment exercise and order a repeat throughout the country,” said the judge.
The judge had earlier directed The National Police Service Commission and Independent Policing Oversight Authority to embrace negotiation to solve the recruitment fiscal.
Justice Isaac Lenaola 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.
The judge however said if parties fail 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 of the recruited persons.
Earlier this month court sitting in Nairobi stopped issuance of letters to the police recruits in an exercise that was carried out on the 14th of July 2014 pending the hearing and determination of the case that was filed by Independent Police Oversight Authority.
Justice Mumbi Ngugi on August 20, 2014 11 ordered that the report due to be released by the National Police Service Commission (NPSC) not to be effected yet.
The report will detail investigations into allegations that the exercise was marred by corruption, nepotism, tribalism and political interference.
Over ten thousand police recruits who underwent a rigorous police recruitment exercise just under a month ago will have to wait a little bit longer to know their fate after the court halted issuance of letters.
The letters were scheduled to be issued after the release of the National Police Service Commission (NPSC) investigation report on claims of irregularities.
This came after the Independent Policing Oversight Authority (IPOA) moved to court seeking the nullification of the exercise.
The police oversight body claims that that the process was conducted in a manner that was not in compliance with the Constitution and hence led to the great hue and cry from members of the public and aggrieved participants.
Lawyer Paul Ojwang representing the Attorney General Paul Ojwang acknowledged that indeed the exercise was marred with irregularities but said that it does not warrant nullification of the whole process and that will be unfair to the innocent recruits.
He added that the suit is defective, amorphous and it has been overtaken by events. The recruitment took place in 293 centers country-wide costing 90 million shillings.
IPOA wanted the court to compel the Respondents to develop and gazette recruitment regulations pursuant to Section 28 (f) of the National Police Service Commission Act and another order compelling the Respondents to repeat the recruitment exercise in tandem with National Police Service Commission.
The court ordered the fresh recruitment exercise to take place on 14 of December 2014.
Othaya polls petitioner Peter King’ara failed for the second time to appear before Chief Magistrate’s court in Kibera to plead to criminal charges brought against him over the use of abusive language towards Cecil Miller’s court assistant.
BY SAM ALFAN.
City based lawyer and Othaya polls loser Peter Gichuki Kingara failed for the second time to appear before Chief Magistrate’s court in Kibera to plead to criminal charges brought against him over the use of abusive language towards Cecil Miller’s court assistant.
Lawyer Wandugi. K. Kiraithe pleaded with senior resident Magistrate Miresa Opondo to have the warrant of arrest issued against Kingara lifted, but the same was declined on grounds that the subject was not present in court.
Mr wandugi told the court that his client has not been informed of the existing warrant of arrest nor was aware that he was required to appear in court.
He said that since the warrants were issued Mr Kingara has been allegedly harassed by the police who want to execute the court orders.
Mr Kingara’s alleged to have abused Mr Sollo Spear Nzuki court assitant to Mr Miller on 6 October 2014 which incident occurred outside commercial court in Milimani.
The complain was lodged at Kilimani police station on 9 October 2014 by Nzuki and senior partner at law firm of miller Mr Peter W. Wena.
Kingara had turned for the mentioned of commercial dispute between Erdemann Properties which he represents against Kenya Railways Corporation where Miller is the advocate on record, the matter was before Justice Eric Ogola.
The embattled lawyer is said to have gotten wind of the summons to appear before criminal investigation department at Kilimani police station, he immediately filed criminal application seeking to stop arrest and possible prosecution.
Justice Luka Kiemaru who heard the application ex-parte issued the orders requiring Mr. Kingara to appear before the investigating officer Kilimani police station on 23 October 2014 at 2 PM without fail and he was required to corporate with investigators.
The judge further directed that upon representation he was to be released on personal bond of Sh 100,000 which he was to execute the material day.
Justice Kimaru further directed that they would be accused was not be arrested by the police pending conclusion of the investigations. The court also observed that if the police decide to charge Mr Kingara, he was to present himself to court, where the court hearing the case was deal appropriately with the issue of bail.
Elsewhere in the high court today, Kingara’s petition came for mention before Justice Ngugi Mumbi for directions but the court was sterned that the applicant had filed other two judicial review applications now pending before different courts in which restraining orders against the director of public prosecution, Inspector general of police and director of criminal investigation were declined.
Justice Mumbi questioned why there were similar applications seeking same orders were filed and have been disclosed to court.
Kingara’s lawyer Thumi Kabue was forced to withdraw the petition that came for mention before Judge Mumbi, but the court slapped the applicant with cost against the DDP, CID and IGP.
Kingara’s criminal case in Kibera laws court will be mentioned on 31 October 2014.
Samvo Limited lawyer Steve Mwenesi outside Milimani Law Courts building in Nairobi after high Court restrained three firms from interfering with Sh1billion land in Nairobi’s Kilimani area pending the outcome of the ownership dispute.
BY SAM ALFAN.
High Court has restrained three firms from interfering with Sh1billion land in Nairobi’s Kilimani area pending the outcome of the ownership dispute.
Justice Lucy Gacheru extended an injunction obtained by Samvo Ltd on April 19, 2007 blocking Delta Haulage Services Ltd from encroaching on the prime property situated along Ndemi Road.
A Chinese firm, Catham Properties Ltd, that was incorporated on January 17, this year, claims the property was sold to Li Wen Jie by Alexander Kung’u Maina and Christopher Mungonye Wamae on January 13, last year.
Justice Gacheru said each of the parties was claiming ownership and possessed title documents that required to be interrogated through full trial.
“The allegations of fraud or misrepresentation can only be proved through calling of evidence, she said.
Samvo Ltd, through lawyer Steve Mwenesi, had accused Delta Haulage Services of having encroached on the land it had owned since 1999.
On its part, Delta Haulage Services claimed to have been in possession since 1985 and secured title documents in 1999.
Businessman Ali Mohamed Egal claimed agents of Catham Properties Ltd, with the assistance of police officers, forcefully invaded the property and evicted his employees.
He complained he had suffered substantial loss and damage to his permanent building constructed on the land.
Justice Gacheru ordered the parties to take urgent hearing dates to resolve the dispute after it emerged that crucial documents filed by Delta Haulage Services had disappeared from the court file.
BY SAM ALFAN.
Registrar of Political Party (RPP) has been restrained from removing names of four members expelled by United Democratic Forum Party leader Musalia Mudavadi.
The Political Party Tribunal also issued the order barring Mudavadi, his deputy Jeremiah Kioni, Petronilla Were and Kassim Sawa from conveying any meeting of the National Governing Council and National Delegates Congress.
Three UDF Nairobi County officials Wycliffe Oyondi Okeo, Caroline Muthoni Boy and Pauline Achieng Abetto moved to court seeking orders to bar RPP from effecting changes pursuant to the meeting held on October 27.
The Mudavadi faction took the decision despite a prohibition order issued by the Political Parties’
Tribunal said that the party officials’ status quo be maintained.Osman has sued the Mudavadi group after it voted to remove him as party chairman yesterday.
Tribunal chairman Kyalo Mbobu said pending the hearing and determination of the application the expulsion of Senators Bonny Khalwale (Kakamega), Martha Wangari (nominated) and party chairman
Hassan Osman (nominated) by the party National Delegate Conference should not be affected.
Delegates of UDF on Monday endorsed the expulsion of senators Khalwale and Wangari from the party.
The National Delegates Conference (NDC) also approved the expulsion of suspended party chairman Hassan Osman and replaced him with Webuye MP Alfred Sambu.
Mudavadi remains the party leader, with former Kieni MP JEREMIAH Kioni who deputizes Mudavadi on the party.
BY SAM ALFAN.
High court has suspended gazette notice requiring inspection of 4 year old motor vehicle, the demand for 50 KPH speed limited and the renewal of driving license on line. Until further order are issued by the court.
Justice George Odunga, said the the regulations has published will not applicable due non specification especially on the speed limit.
The judge said, that has demonstrated by Harrison Kinyanjui the lawyer for LSK not all Kenyans have acces to Internet connectivity to apply for licences.
The judge directed that the matter be mentioned on 7 November for further directions.
The Law Society of Kenya filed an application seeking orders to stop the intended inspection of 4 year old motor vehicle, the demand for speed limited and the renewal of driving license on line.
LSK claim that the recently published notices by the National Transport and Safety Authority (NTSA) requiring the owners of motor vehicles to drive at the speed limit of 50 KPH without giving specific points is in violation of the constitution.
The lawyer’s body through their advocate Mr Kinyanjui, argued that regulation have been published without coming up with proper procedure to ensure the member of the public are safe from being harassed by the police.
NTSA has threatened that come January 15, 2015 all motor vehicles above 4 years should be subjected to mandatory inspection before being admitted on the road.
The provisions under which the regulation is brought for inspection are punitive and contrary to the law.
Kinyanjui says that the public notice published by NTSA which purports that effective 15 November 2014 all driving licences that have expired have to be acquired from NTSA online, saying that authority has not given other mode of accessing payments for such administrative action.
” By limiting the renewal of validly issued driving licences to on line access which itself restrictive and oppressive to the large numbers of Kenyans who are not able to access the Internet connectivity across the country online payment and renewal fees” he says.
The lawyer told Justice Odunga, that 72 per cent lack access to Internet connectivity, saying this substantially larger numbers of Kenyans whose freedom will be deprived by the new regulation as published by NTSA.
He wants the court to quash the gazette notice, prohibit and compel NTSA, Cabinet secretary for Transport and Infrastructure,the traffic commandant and Kenya roads board to oversee and ensure the erection of road signs prescribing the requisite speed limit.
BY SAM ALFAN.
Appointment of Wiper Democratic Movement Nominated Member of Parliament, Bishop Robert Mutemi Mutua, has been challenged in Court over claims he is a member of the United Democratic Forum (UDF).
Wiper member David Muriuki Ndwiga on Monday petitioned the court to revoke Dr Mutemi’s nomination on grounds that he did not qualify for the seat because he’s not valid membership of the political party headed by former Vice-President Kalonzo Musyoka.
The aggrieved member argued that Dr Mutemi’s selection was irregular and invalid since it violated Section 74 of the Elections Act.
Wiper party lawyer Steve Mogaka,told the court the party what to de-nominate Bishop Robert Mutemi as their nominated Member of parliament since he’s not the wiper party member and replace him with a registered party member to represent the party.
The Registrar of Political Parties, Wiper Democratic Movement-Party and the Independent Electoral and Boundaries Commission (IEBC) had confirmed the membership status of the beneficiary in the UDF and he deserved to vacate the seat, Muriuki said.
The petitioner explained that he discovered Dr Mutemi was not a Wiper member and confronted him with documentary evidence but he has never responded.
Further, the Wiper secretariat in Nairobi had acknowledged the blunder but failed to nullify the unlawful nomination, he said.
Orange Democratic Party nominated MP accused the wiper party leader for trying to remove bishop Mutemi because he refused to step down for Kalonzo.
”Hon Bishop Mutemi represent people with people with disabilities through wiper just like I do through ODM and these positions are not by favor, they are not tokens it’s on record Hon Mutemi was told by none other than party leaders Kalonzo Mosyoka to step down for him in case he lost the elections and because he refused and he represent people with disability and Kalonzo is not he’s being humiliated” nominated Member of Parliament Hon Mwaura said.
The chairman of people with disability further accused the Wiper party for being behind Hon Mutemi removal despite the party denying it during its meeting the other day.
“It’s very very unfair just the other day when wiper had a meeting they said they are not behind this petition but as we speak today we found in court wiper is behind it” Hon Mwaura said
Justice Isaac Lenaola enjoined the Registrar of Political Parties in the matter to shed more light on the alleged membership.
Parties were directed to file and serve their responses within 21 days to facilitate the hearing on
December 8 for further directions.
Lawyer Mogaka advised party members to remain calm and wait for the court decision.
Lawyer Stephen Mogaka(right) having a word with his client outside Milimani Law court(file photo).
BY SAM ALFAN.
Political parties’ tribunal has temporarily suspended a gazette notice that’s alleged to deregister the former president Mwai Kibaki Party of National Unity (PNU)
The tribunals Chairman Kyalo Mbuba said that the party should proceed with its political activities pending the hearing and determination of the appeal before it.
Former President Mwai Kibaki’s Party of National Unity (PNU) moved to Court to block its deregistration arguing that the Registrar of Political Parties did not accord it an audience prior to its closure.
Lawyer Stephen Mogaka on Tuesday last week filed a case on behalf of the party, its secretary general John Okemwa Anunda and John Kamama Mbugua, challenging the gazette notice published by Lucy Ndung’u which brought to an end the seven year existence of the party.
PNU wants the High Court to quash the gazette notice issued by Registrar of Political Parties Lucy Ndung’u on Friday last week.
PNU’s closure followed its failure to submit its financial accounts to the Auditor General within three months after the close of the financial year for an audit, in contradiction of section 31 (2) of the Political Parties Act.
The party has said in its suit filings that the Registrar had not given it a chance to explain why the accounts had not been submitted to the Auditor General.
Correspondence from the Registrar, PNU claims, had been sent to two strangers, K.K Ndumino and Isaac Rutere, who allegedly acted on behalf of the party without its knowledge.
Mr Ndumino has allegedly responded to the registrar’s letters while Mr Rutere has been accused of receiving the said letters on behalf of the party.
“The Registrar has been misrouting its correspondence to PNU with the result that the party has been kept unaware of intended action by the Registrar. Besides Mr Ndumino, Mr Rutere has been collecting mail from the Registrar and is equally a stranger to PNU,” said Mr Mogaka.
PNU has said that the documents needed went missing under the reign of the old officials led by Gideon Konchellah. After they allegedly locked the party’s offices, the new officials had to seek a break in order to access the required documents, a move that was in vain.
“PNU had to obtain a break in order in an endeavor to access its records to file the returns. Upon breaking into PNU’s offices, the documents found were not useful for filing the required returns,” said John Anunda, the party’s secretary general.
Lady Justice Mumbi Ngugi certified the matter urgent, but declined to grant PNU any orders until the matter is heard before her tomorrow. PNU has enjoined Attorney General Githu Muigai in the suit.
PNU has undergone difficulty since former chairman George Saitoti died in 2012.
Its financial difficulties rose to the fore after its disqualification from the political parties’ funding owing to an agreement it signed with The National Alliance (TNA) in the run up to last year’s General Election in which it was not to field any individual candidates in the polls.
Majority of its members also crossed over to President Uhuru Kenyatta’s TNA.
The case will be heard on November 7.