Month: November 2014

TWO SUSPECTS REMANDED FOR ALLEGED WOMAN STRIPPING.

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Nicholas Chege and Meshack Mburu at Milimani law court where the court directed they be remanded for 21 days Kasarani police station for further investigations.
BY SMART SAM NEWS.
Nicholas Chege and Meshack Mburu will remain in police custody over the allegations of stripping a woman naked.
Police told the court that the complainant has not yet been found. The two continues to be held after a court declined to grant bond terms.
Through an application of the prosecution in Milimani criminal court and an affidavit of police officer Charles Musyimi, the court granted the police request to detain the suspects for twenty one days.
They were arrested along Thika road Thursday evening and the investigating officer said adequate investigations have not taken place.
The bus was also detained at the Kasarani Police Station after the Anti-Stripping Police Squad dramatically stopped it on the busy highway.
The squads with their colleagues from Kasarani Police Station are looking for more suspects who were involved in the incident.
Police in the city had appealed to the woman who was captured in a video clip while pleading with the men not to assault her to come forward and help them in solving the case.

The video was captured in the bus and shows the woman pleading with her attackers not to rape her and insert a bottle into her private parts as they had threatened while touching her.

“The applicant investigations are incomplete and requires more time,” read the prosecutions application.
The police say there are several leads which they are following and more time will be needed to conclude the search for the men perpetrating gender based violence (GBV) in the country.
It also emerged that interrogations are ongoing which would lead to the arrest of other suspects who are at large.
Several files of inquiry have been opened up with a view of apprehending suspects, police say.
The security agents further say that the public is apprehensive over the increase of striping and assaulting ladies within Nairobi.
Investigations are being carried out based on video clips in police possession and available in the other media platforms.
This comes just as a policeman was Monday charged with assaulting and attempting to strip off a school girl inside a Matatu.
A tutor at the Administration Police Training College, Mr Christopher Gathara, was charged together with Mr Samuel Maina Ngige, who was a passenger in the car.
Deputy President William Ruto and the President has since assured women of their security and called on police officers to not only arrest but also charge those behind “these primitive acts”. A campaign dubbed ‘ForSheFor She’ was also launched to kick off gender based violence to take place for 16 days.

 

COURT DECLINES TO SUSPENDS e-PAY CARD USE.

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Lawyer Harrison Kinyanjui with Joseph Maina Mugo after he filed a case challenging the use of the e-pay card.
BY SMART SAM NEWS.
Lawyer Harrison Kinyanjui in once again at the center of Matatu welfare, but now to help public service vehicles (PSV) owners and passengers alike to stop the cashless bus fare payment system.
Kinyanjui has asked the court to make a finding that embracing a cashless system of charging passengers would result to loss of funds and a system that would be a fraud.
Before Judge Weldon Korir, the lawyer asked the court to grant orders suspending the use of the e-pay card, but the judge failed to oblige saying he has to hear all parties on Monday before issuing any order.
In the case by the Matatu owners, lawyer Kinyanjui argues that the cashless system is limiting the rights of Kenyans in deciding the means of payment one may want to use as provided by the constitution.
He said the system would also limit the freedom of movement to possession of a bank account, an e-mail address or on online accessibility as suggested by a party in the case Near field Communications Limited.
The revised, National Transport Safety Authority regulations (NTSA), published in Kenya gazette, guiding the public transport, according to the Matatu owners, does not meet constitutional provisions.
Lawyer Kinyanjui has been vocal and reiterated in his court arguments that the NTSA amended regulations have never been subjected to parliament as provided by the statutory instruments, before becoming operational.
The case also raises concerns that unwanted taxes would be introduced through the cashless system, which contravenes article 210(1) of the constitution.

MUTUA IN TUSSLE WITH WIFE OVER CHILDREN’S TRAVEL.

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Machakos governor Alfred Mutua poses to a photo as he leaves Milimani law court where he is seeking an order to compel Kenya High Commissioner to Australia to assist in bring back the children.
By SMART news team.
MACHAKOS Governor Alfred Ng’ang’a Mutua Thursday sued his wife Josephine Thitu Maundu in a Judicial Separation cause at Milimani law courts, Nairobi.
The couple is fighting over the custody of their Children as Mutua alleges that Josephine went with the children to Australia without his consent. He moved the Family court on November 10.
Machakos governor Alfred Mutua who argues that Josephine’s behavior has caused him a lot of psychological torture, pain and even damage his status in public and if orders to have his three kids back in the country are not issued he will suffer irreparable and damage.
Mutua argues that he learnt that the family booked a one way ticket with an intention of ever coming back to Kenya.
Through her lawyer Elizabeth Mungai, she said that Mutua had knowledge and consent that she was travelling to Australia with their Children.
Mutua in an affidavit filled said: “I learnt that my wife left the country with children in the night of the Wednesday November 5, 2014 while I was away on duty.”
In her replying affidavit, Josephine dismisses the allegations and says that Mutua has in the last two years subjected her into public humiliation adding that they do not live together and has been a bad example to the children.
According to her the two properties in Wetlands and Machakos are no longer their matrimonial homes and were registered in Josephine’s name.
According to the replying affidavit file by the estranged wife, the children are of Australia national having being born in Australia and they even have a home and business in Australia.
Josephine doubts if Mutua is able to look after the children. She agrees Mutua pays school fees for their children but has no capacity to have the custody of the children.
“The statements are based on half truths and falsehoods,” reads part of her reply affidavit.
Mutua disclosed in the suit documents that on November 8, 2014, he held a meeting with lawyers of his estranged wife and agreed to take the Children.
However, she said that, Mutua expressly acknowledged to her decision to travel to Australia.
Josephine says in her response that Governor Mutua has since settled with another woman after abandoning her with their children in 2012.
In her affidavit, she responded that it was not true that they lived together by the time she flew out of the country.
Her lawyer also produced in court documents that say Australia is the families other home having their twin children born there and are Citizens and that their son has a permanent residency.
Their Children were in school and their rights have been infringed, that is according to Mutua’s case.
A distant relative of his wife issued instructions while loading of their households went on. But the tumult in the residence was quelled when he sought Administration police officers to stop anything from being taken out of their house.
It emerged that by November 20, 2014, Mutuas wife could have been barred from travelling to Australia as a permanent resident according to her the response by her lawyers.
Josephin said that their son was asthmatic and the roof top of the house at Westlands was leaking hence needed repairs. She said her plans were to move their belonging to Machakos home when they were stopped.
The Governors wife said that her husband is a bussy politician and had no time for Children. She said, “Indeed, His Machakos office has taken priority over the children,” hence her decision to move with the Children to Australia.
The case goes on Monday next week.

ACORN BANK ACCOUNTS TO REMAIN FROZEN.

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British American Investments Company lawyer Fred Ngatia with other two lawyers leaves Milimani law courts after the High Court dismissed its application and extended orders to Britam Company.
On Thursday (27/11/2014).
By SAM ALFAN.
Acorn Group’s bid to have its frozen accounts opened has suffered a major blow after the High Court dismissed its application and extended orders to Britam Company.
Justice David Onyancha dismissed the an application by Acorn that he had no authority to grant temporary orders that froze its accounts bearing more than 3.9 billion shillings that formed the dispute between Britam’s four former employees Edwin Dande, Elizabeth Nkukuu, Shiv Arora and Patricia Wanjama,who are also Acorn founders.
The judge ruled that the court had the powers to issue orders maintaining a status quo of a matter until the dispute between the contesting parties Acorn Group’s and Britam is resolved.
Britam through its lawyer Fred Ngatia had argued that if the defendants were allowed to continue operating the accounts, then the company would suffer irreparable damage.
In the case Britam is seeking to recover 3.94 billion Shillings from former executives who quit its asset management unit, in August sparking a heated legal battle between the firm and Acorn. Acorn wanted the orders freezing their accounts lifted.
Justice Onyancha noted that all parties in the case had attended the court on November 12 and the same orders were extended adding that the real estate company should give an undertaking to the effect that the orders issues will be found to have been issued out of a lie from the company.
He said that this undertaking will shield Acorn from suffering if the case will be ruled to its merit.
Britam has accused four former employees Edwin Dande (chief executive officer), Elizabeth Nkukuu (portfolio manager), Patricia Wanjama (head of legal) and Shiv Arora (investment analyst) of illegally
transferring Sh3.9 billion from its accounts to Acorn’s earlier this year.

The firm through lawyer Fred Ngatia wanted the judge to extend the freeze on the bank accounts and the development of seven properties in Nairobi, Kajiado and Machakos Counties.

“Since the application has not been heard yet, then the reasons why the court granted the orders are still alive,” said Mr Ngatia.

Ngatia also sought the orders to apply to all four suits it has filed in its fight to recover the alleged loss of the monies to the former employees.

But the application to extend the orders has been opposed by Cytonn and Acorn, who argue that the court cannot extend interim orders that were given in the absence of an accused person.

“We oppose the extension because it is not based on any law,” Walter Amoko who is representing Acorn said.

Amoko’s opposition was backed by Ochieng Oduol, who is representing Dande and Nkukuu.
The case will be mentioned on December 4.

CBK GOVERNOR APPEALS AGAINST HIGH COURT DECISION THAT RULED HE SHOULD BE TRIED IN A TRIAL COURT.

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Central Bank of Kenya Governor Prof Njuguna Ndungu who has launched an appeal at the court of appeal against the judgment that was delivered by High Court judge George Odunga who ruled that the Governor should be tried at the trial court in a case where he is alleged to have been involved in malpractice.

BY SAM ALFAN.
CBK Governor Njuguna Ndungu has launched an appeal at the court of appeal through his lawyer Donald Kipkor against the judgment that was delivered by High Court judge George Odunga who ruled that the Governor should be tried at the trial court in a case where he is alleged to have been involved in malpractice.
Njuguna argues that the verdict was not based on law because he should not be prosecuted on nonexistent crimes.
That the alleged malpractices in a security tender process between Horse Bridge Company and CBK are nonexistent and that the tendering followed the law as far as Public Procurement Administrative Board is concerned.
He further says Odunga’s verdict was flawed as it contradicted another judgment in the same court that found the tendering process to be lawful.
He therefore wants the whole judgment nullified by the Court of appeal.CBK governor is challenging a decision by the DPP, Keriako Tobiko giving EACC the go ahead to charge him over irregularities in a Sh1.2 billion security systems tender.
High Court dismissed a petition by Central Bank governor Njuguna Ndung’u seeking to halt his arrest over alleged irregularities in the award of a Sh1.2 billion security tender to a UK-owned firm.
Justice George Odunga on Monday last week ruled that Prof Ndung’u failed to prove to the court the infringement by the anti-corruption watchdog and the Director of Public Prosecutions committed by ordering his arrest.
The Ethics and Anti-Corruption Commission had accused Prof Ndung’u of influencing the Public Procurement Oversight Authority to award the tender to Horsebridge, a UK firm with a local presence.
The Sh1.2 billion deal was to see Horsebridge install and maintain a new security surveillance system for the CBK.
Justice Odunga said that the matter would best be dealt with by the trial court, paving the way for his possible arrest and prosecution.
“It is the trial court that is best placed to evaluate the evidence against the governor and so make a determination. The governor failed to demonstrate to the court the violation caused by the office of Ethics and Anti- corruption Commission and the office of the DPP,” said Justice Odunga.
Justice Weldon Korir ordered CBK to award Horsebridge the deal in September, arguing that EACC had failed to provide progress of its investigations into the deal that saw it push for Prof Njuguna’s arrest.
The judge had given EACC the 45 days it had requested to complete investigations into Prof Ndung’u, but failed to furnish its progress report before court.
EACC moved to the Court of Appeal to contest Justice Korir’s decision, and the case is still ongoing.
Justice Odunga agreed with the anti-corruption body’s argument that Prof Ndung’u ignored advice from CBK’s lawyers in influencing the procurement body to award Horsebridge the tender.
“The governor ignored the advice given to him by officials from the bank over the award of the tender. He acted alone and that is why the office of the DPP had preferred criminal charge of abuse of office,” added Justice Odunga.
His lawyer Donald Kipkorir stamped his threat today to challenge justice Odunga ruling in the court of appeal as he had said after the ruling.

DEVELOPER ACCUSES MILITARY OF 900 ACRE EMBAKASI LAND GRAB.

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Kenya Defence Forces.
BY SAM ALFAN.
A company through it lawyer Philip Nyachoti has asked the High Court to evict the Army from the Embakassi Barracks, claiming it owns the 988-acre land valued at Sh40 billion, that was allegedly grabbed by the Department of Defence in 2005.
The Investments Developer has claimed in suit papers that the Department of Defence (DOD) grabbed the land it says it has a land title to despite the firm having bought it from the Nairobi City Council for Sh40 million in 2001.
It has also claimed that the DOD has in several meetings resolved to hand over the entire parcel of land to Darkwood Investments, but the resolution is yet to be effected.
Darkwood now wants the State to be kicked out of the land and the developments on it put down, or in the alternative the firm be awarded Sh40 billion which it claims to be the current value of the land.
“Before the unlawful invasion there was no prior action by the Central Government to compulsorily acquire Darkwood Investments’ 988 acres of land. The DoD has now commenced some construction and has neither compensated Darkwood nor paid mesne profits for the said use,” said lawyer Nyachoti.
The firm claims that the DoD has ignored several requests to desist from encroaching further on the land, and has fenced it with a perimeter wall that is guarded by armed military personnel round the clock.
“Darkwood has on several occasions requested DoD to desist from trespassing on the land but it has persisted to continue with the trespass. The encroachment was done by DoD for its own purposes without following procedures as laid down in the Land Acquisition Act,” added lawyer Nyachoti.
Darkwood’s director Kenneth Kiptoo Boit has accused the DoD of using its Government influence to possess the land without compensating his firm whose allotment of the land has never been revoked by the County Government.
Mr Boit claims that Darkwood purchased the land with an intention to construct residential buildings, something it is now unable to do as it has been denied access to the land.
“The intention of purchasing the said land was to develop residential houses for commercial sale. As a result of the military encroachment it is extremely difficult to develop the land in view of the military presence,” Mr Boit added.
Lady Justice Mumbi Ngugi directed that the firm through it lawyer Philip Nyachoti to serve Attorney General Githu Muigai who has been sued on behalf of the State. Both Darkwood and the Attorney General were ordered to appear before the judge on December 1 for inter parties hearing and for further directions.

MAN SEEKS THE RELEASE OF HIS AILING WIFE FROM NAIROBI WOMEN’S HOSPITAL.WANTS HER TRANSFERRED TO A PUBLIC HOSPITAL.

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Nairobi resident Edwin Onyango who has Nairobi women hospital for holding hostage a kidney patient who is in urgent need of dialysis treatment inside a courtroom at Milimani law courts in Nairobi.
BY SAM ALFAN.
A Nairobi resident Edwin Onyango has moved to court seeking to have the Nairobi Women’s Hospital release her ailing wife Rosemary Atieno Onyango, in order to take her to a public hospital for treatment.
He’s seeking court intervention fearing that his wife’s health is deteriorating so first that may cause lose of life.
According to Rosemary’s husband, the hospital was scheduled to conduct a meningitis test on his wife then be transferred to Kenyatta hospital for further medication, but the Womens’ Hospital instead admitted her.
Edwin Onyango argues that several tests were done on Rosemary without his consent adding that the hospital has so far declined to release her until the 40,000 shillings bill is paid.
Edwin in his sworn affidavit claims he had offered to pay 8,300 for the meningitis test and not for any admission fee and other tests that were done by the hospital.
He wants the court to direct Nairobi Women’s Hospital to release his wife since she needs to undergo dialysis at Kenyatta National Hospital.
High Court Judge Mumbi Ngugi declined to issue orders certified the matter urgent and directed that the matter be served to the hospital and thereafter inter-party hearing on the 26th of this month.