Month: March 2015

COURT BLOCKS ARREST OF BUSINESSMAN AND TWO OTHER ANGLO LEASING SUSPECTS.

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Director of Public Prosecution Keriako Tobiko at Milimani law court when court blocked the arrest of Anglo Leasing suspects, Chamanlal Kamani, Deepak Kamani and Rashmi Kamani to appear in court on Thursday to plead to the charges on Wednesday 4 March 2015.
BY SAM ALFAN.
High Court judge Justice Luka Kimaru has ordered three Anglo Leasing suspects, Chamanlal Kamani, Deepak Kamani and Rashmi Kamani to appear in court on Thursday to plead to the charges.

Businessmen Deepak Kamani, his brother Rashmi Kamani and their father Chamanlal Kamani got a temporary reprieve blocking their arrest over Anglo Leasing scandal even as seven other accused persons took plea before the magistrate’s court.
High Court Judge Luka Kimaru gave the trio temporary relief when he directed that the suspects should not be arrested but should appear before EACC Thursday. The trio moved to court through lawyer Ahmednasir Abdullahi, seeking an anticipatory bail, after EACC sought to have them arrested and prosecuted over the scandal.
The Kamani’s under a certificate of urgency, want the court to stop their arrest, arguing that they have already contested the matter before in court and also one of the suspects was too old to be arrested and detained behind bars. “My clients cannot withstand the drama that is why they are seeking for bond but they are ready to present themselves in court.
They will avail themselves in court anytime and day that court decides,” said Ahmednasir.
Director of Public Prosecution Keriako Tobiko (DPP), however, argued that there was no drama about the Anglo Leasing and was not opposed to the bail application if the accused are ready to appear in court.
The high court had earlier declined to issue the orders sought by the trio until the application by the DPP was served.

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KISII SENATOR AMONG SEVEN ANGLO LEASING SUSPECTS CHARGED.

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David Onyonka, Chris Obure, Samuel Bundotich and former Postmaster General Francis Chahonyo at Milimani law courts where they are facing charges of abuse of office and conspiracy to defraud the government on Wednesday 4 March 2015.

BY SAM ALFAN.

Former finance minister David Mwiraria was taken ill yesterday on the day when fellow suspects in the multimillion Anglo Leasing scandal were arraigned in court.

Mr Mwiraria was expected to take a plea today alongside 13 other individuals for their role in the multimillion Anglo Leasing scandal, but lawyer Kioko Kilukumi told the court that the former finance chief is unwell and admitted to Karen Hospital.

The ex-minister is to be charged with four counts of conspiracy to commit an economic crime and defraud the government of Sh4.08 billion, and one count of engaging in a project without prior planning.

Charged alongside Mr Mwiraria are former provincial administration PS Dave Mwangi, former head of debt management at the treasury David Onyonka and former finance PS Joseph Magari.

Mr Mwangi, Mr Onyonka and Mr Magari denied the charges and will be released on Sh10 million bond and Sh3 million cash bail. The two PS were slapped with the same terms for separate charges, as they have also been accused of abuse of office and failure to comply with procurement laws.

The EACC investigations have also implicated Kisii senator Chris Obure who served as finance minister during President Daniel Moi’s era.

The Kisii Senator is also alleged to have granted special authorization for the execution of a suppliers credit financial agreement between the government and Universal Satspace, Joint Venture Company and First Mercantile Securities for the Postal Corporation project.

He was charged with two counts of abuse of office and two counts of breach of trust as a public officer while serving as minister of finance in 2002.

EACC investigators claim Mr Obure authorized the transport ministry to directly contract Spacenet Incorporated to supply very small aperture (VSAT) products without following public procurement procedures. The equipment was purchased for Postal Corporation’s rural internet services project.

Others charged with abuse of office are former information and communication PS Sammy Kyungu, former postmaster general Francis Chahonyo and former accounting secretary at the treasury Samuel Bundotich.

Presiding magistrate Ndung’u agreed to release Mr Kyungu, Mr Chahonyo and Mr Bundotich on a Sh1 million cash bail and Sh5 million bond. She further granted a request by DPP Tobiko to have released suspects surrender their travel documents.

FORMER STATE HOUSE OFFICIAL SEEKS TO BLOCK KABETE BY-ELECTION SET FOR MAY 4

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Slain Kabete Member of Parliament George Muchai.

BY SAM ALFAN.
Former state house official Wilson Mburu through his lawyer Paul Nyamodi has moved to court seeking to block the Kabete Constituency by- election sets for May 4 after the death of the late Member of Parliament George Mukuru Muchai.
The Independent Electoral and Boundaries Commission (IEBC) has set May 4 as the day Kabete constituents will go to the polls following the death of their MP George Muchai recently.
However justice Lenaola declined to stop the by- election process but directed Wilson Mburu through lawyer Paul Nyamodi to serve his suit papers on the IEBC and appear in court for hearing tomorrow.
Mburu intends to vie for the Kabate parliamentary seat on a Jubilee Alliance Party ticket following the demise of George Mukuru Muchai on February 7.
Among the candidates expected to vie for the seat but have not yet formally declared interest include former Kikuyu MP Lewis Nguyai, business lady Wanjiku Kinuthia Makumi and James Wanjohi (alias Kaana Funny) who vied for the seat in the last election but lost to Muchai.
In a statement, the commission told parties to hold their party primaries before March 19 while independent candidates have been given up to March 16 to submit their symbols.
Mburu is aggrieved by Section 43(5) of the Constitution which requires a state or public officer to resign six months prior the election date.
According to the aggrieved party, he satisfies all the qualifications as required under Article 99 of the Constitution to be eligible to contest in the election.
The petitioner is unconscionably prevented by the Elections Act from exercising his political rights provided under Article 38 (3) of the Constitution.
Muchai who has previously worked at the national treasury department will be seeking to contest by first seeking nomination on March 19
He resigned from employment in the public service on February 9 and wants the by- election put on hold until the court determines his application.
Mburu says he is likely to be disadvantaged as the petition may not have been determined by the said date.
He says unless the High Court intervenes and grants the orders sought, the petition will be rendered nugatory and his right to contest the election safeguarded under Article 38 of the Constitution will have been infringed.
“Am seeking conservatory orders staying the process of the by- election of Kabete Constituency Member of Parliament pending determination of the petition, ’he states.
The petitioner contends that a public servant is precluded from contesting for the by-election in view of section 43(5) of the elections act 2011.
The petitioner says he is desirous of exercising his political right by contesting in the by election.
High Court has certified as urgent a case by a former State House official seeking to stop the Kabete Constituency by- election slated for May 4.

TOP KPL OFFICIALS RISK CIVIL JAIL OVER PARALLEL GAMES.

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Football Kenya federation Chairman Sam Nyamweya and obtained orders restraining the company from hosting or managing a parallel premier league.

BY SAM ALFAN.
Kenya Premier League (KPL) top officials risk being sent to jail for contempt of court, after they allegedly disobeyed court order requiring them not to run parallel games.
Civil division judge Justice Aburili was told that the officials have without colour proceeded to conduct the premier league matches when they are quite aware of the orders restraining them.
Consequently the KPL officials Ambrose Rachier, Allan Kasavuli, Elly Kulekwa, James Musyoki, Bob Munro, Jack Oguda and Col Juma Munyikai will be required to appear in court when the application for contempt comes up for hearing next week.
However an attempt by former officials Football of Kenya Federation (FKF) Dan Shikanda and Sammy Shollei seeking to be enjoined in the dispute was disallowed, until their application rejoinder is argued fully and the court makes decision.
FKF lawyer Eric Mutua strongly opposed the two from being made to the proceeding on grounds that they duo had been banned from taking part in the management of football for six by federation.
Mutua told the court he needs time to filed documents to show that two cannot be enjoined the civil suit.
The application to embattled former officials of FKF will be argued on March5.
Justice Aburili urged the parties in the dispute to continue discussing in a view of arriving at amicable resolution to solve the wrangle.
The judge observed that for the interest of country there is need for parties to agree the way forward.
The court extended the order halting KPL from conducting leagues matches until the dispute is heard.
Football Kenya Federation had moved to court through Chairman Sam Nyamweya and obtained orders restraining the company from hosting or managing a parallel premier league.
The restraining order were issued by Justice Msagha Mbogholi he directed that same be served upon respondents
The company attempted to lift the orders on grounds that there was material non-disclosure and misrepresentation
The application by KPL seeking to set aside the order and a preliminary objection will be argued in next week.

GDC DEPUTY MANAGER CHARGED FOR SENDING DEATH THREAT SMS TO STAR NEWSPAPER EDITOR.

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Deputy Corporate Manager at the Geothermal Development Company Eric Wamanji Ndungu at Milimani law courts where he was charged for allegedly sending a death threat to the Editor of the Star newspaper, Charles Kerich through a SMS.

BY SAM ALFAN.
A senior manager of the Geothermal Development Company has been charged in a Nairobi court for allegedly sending a death threat to the Editor of the Star newspaper, Charles Kerich through an Sms.
Deputy Corporate Manager at the Geothermal Development Company Eric Wamanji Ndungu denied two counts of threatening the journalist before Milimani resident Magistrate Miriam Mugure and was released on a cash bail of 100,000 shillings or a bond of 200,000 shilling.
Ndungu is accused that on 11th February this year at Westlands he sent a sms to Kerich threatening to eliminate him for writing negative stories about the parastatal.
The prosecution said that the incident took place on February 11 along Ring Road in Westlands.
The suspect is said to have uttered words to the effect that: “It high time you stop publishing those stupid GDC stories or we silence you once and for all in our own way. Kwani Simiyu ate your mother’s money. He is in power to stay, he has all the blessings from the house on the hill and you will never fight him even with a million stories.’
The embattled manager is alleged to have sent the SMS through phone number 0731044999.
The newspaper has been running a number of articles on alleged irregularities at the corporation.
Parliament is also probing allegations of irregularities in award of procurement tenders that run into billions of shillings.

COURT TO RULE ON TEMPORARY RETURN TO ANALOGUE BROADCAST NEXT WEEK.

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Human rights activist Okiyta Omtatah at Milimani law court where he is seeking orders to quash the decision of Communication Authority of Kenya (CAK) to switch off analogue broadcasting should be dismissed.

BY SAM ALFAN.

High Court will determine whether a case by human rights activist Okiyta Omtatah seeking to quash the decision of Communication Authority of Kenya (CAK) to switch off analogue broadcasting should be dismissed.
Justice Isaac Lenaola will on Tuesday next week decide on the fate of Omtatah’s application whether it should be thrown out on grounds that issues he wants addressed have already been mitigated and a verdict issued by the Supreme Court.
CAK and the Attorney- General through their advocates urged justice Lenaola not to reopen the case saying it would be an abuse of the court process.
“This case is cosmetic and has been repackaged and designed by the respondents hoping to get diverse orders,’’ Argued Lawyer Wambua Kilonzo.
He asked justice Lenaola to respect the court hierarchy by upholding the February 13 2015 decision of the Supreme Court as “it is binding in all courts ‘’.
Wambua refuted claims by Omtatah that the issue of public interest was not canvassed by the apex court arguing that nothing was left to chance.
However Omtatah insisted that his petition has raised new issues that were never addressed by the highest court in the land.
He told judge Lenoala that CAK has selectively implemented the decision of the Supreme Court and in the process violated consumer rights.
The activist claimed the administrative action taken by the respondents in switching off the analogue broadcasting is not anchored on any law.
Omtatah has filed the case on grounds that the Supreme Court never ordered CAK and Information CS Fred Matinag’i to terminate free to air TV services which most Kenyan depend exclusively for their TV viewership.
Omtatah claims that CA, selectively implemented the orders of Supreme Court hence violating the Bill of Rights and other provisions of the Constitution.
It is his argument that after the Supreme Court verdict, migration from Analogue to Digital TV broadcasting should have been handled professionally in a manner that protects the public interests.
He argues that the move should protect the rights of those Kenyans who depend on free to air TV channels.
The petitioner wonders why the regulator cannot allow Nation Media Group, Royal Media Services and the Standard Group resume free to air broadcast for a limited period as they prepare to air digital transmission through the Africa Digital Network platform.
Omtatah has accused the respondents of discharging their mandate of modifying the digital migration incompetently and in total violation of Articles 109(b) and 56 of the Constitution as they did not consider the interests of the marginalized poor who could not afford digital pay TV.