MURDER SUSPECT REMANDED

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A murder suspect who is alleged to have killed his wife on November 1 has been remanded for 5 days to allow the investigators to conduct more investigation.The prosecution filed an application requesting for additional 7 days period yesterday before Justice Florence Muchemi.
 
The case against Joseph Kamau Mbugua has been filed by the state,he is expected to take a plea November 11.
Kamau Mbugua is alleged to have killed his wife Salome Njeri Kihu on November ,2013.The Investigation are still ongoing as the DPP wants to authenticate the matter.
 
The case has been adversely mentioned and the accused has been in custody for 5 days. The prosecution raised an issue that the accused has earlier been taken to Makadara law courts and there was no evidence found to back his allegations.
Advocate Githinji complained that the Makadara law courts where the accused had earlier been taken lacks power to allocate the state an extended time for further investigation.
 
Justice Florence insisted that Makadara law court has a jurisdiction to hear an application for the extension of time to allow the investigators to complete the investigation of the state provided the accused is arraigned to court within the 24 hours period.

According to Florence, submitting the application after the expiry of 24 hours without an explanation for the delay amounts to impunity on the part of the state for the part of state violation of constitutional right.
She opposed their application and ordered they be given 2 days to complete their investigations.
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A fortnight after four senior officials of the Independent Electoral and Boundaries Commission IEBC among them James Oswago were arraigned in court, four more were also arrested and arraigned in court in Nairobi. The four are alleged to have conspired to commit an offence of corruption by altering the substance of a tender submitted by Solarmak technologies for supply of solar lanterns ahead of the 2013 march 4th general elections.

…..the four Independent Electoral and Boundaries Commission officers are Adan Katelo,Kennedy Gaunge, Abdi Elema nad Gabriel Ngonyo Mutunga and are alleged to have been involved in fraudulent acts during the tendering process in October and November last year where IEBC tendered for supply of solar lanterns that were meant to be used during the march 4th general elections.They are alleged to have altered the substance of a tender submitted by Solarmak Technologies and as a result the company which did not meet the standards was awarded the tender.

They changed the price schedule that was submitted by Solarmak technologies.Directors of the said company Benson Gethi and Joyce Makena who are also listed on prosecution the charge sheet are claimed to have falsified a KRA document namely a Tax Compliant Certificate also in October last year with an intent to defraud.

 

 The IEBC officers were given a cash bail of 700,000 shillings each with their case set for 21st of this month. Separately the case where healthcare workers’ representatives drawn from 22 associations, societies and unions faulted immediate devolution of health services, saying it was being done in a haphazard and reckless manner will be heard on the 14th of this month before  a three judge bench.The bench comprising of Justice Mumbi Ngugi,Weldon Korir and George Odunga averred that the case is a serious one that should be handled with urgency. Led by Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) secretary-general Sultani Matendechere Healthcare workers have protested the move to devolve the sector and subsequent payment of their salaries by the county governments.

YONGO APPLICATION SEEKING TO BE ENJOINED ON JSC CASE DISMISSED

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High Court on today dismissed an application by businessman Brian Yongo who filed an application seeking to be enjoined in a suit challenging removal of six members of the Judicial Service Commission (JSC).

 

Yongo filed the application seeking to be joined in the petition, protesting the orders issued by the High Court, suspending the proceedings instituted by the Parliament for the removal of the JSC members. The court ruled that the debt collector failed to demonstrate any legal interest in the matter.

 

Judge George Odunga said that Mr Yongos’ case against JSC Commissioner Ahmednasir Abdulahi will not be affected by the case between Parliament and JSC. He added that Yongo relied on media speculations in filing his case and had no substantive reasons whosoever to be enjoined in the matter.

 

Justice Odunga said: “From the foregoing it is clear that an interested party as opposed to an amicus curiae or a friend of the court may not be wholly indifferent to the outcome of the proceedings in question. He is a person with an identifiable stake or legal interest in the proceedings.”

 

Prior to the ruling, it was submitted that JSC is anxious not to be dragged into side shows and since Mr Yongo is not non-partisan, it was difficult to see how the he will add value to the issues addressed by the petitioner.

 

 “To drag the Court into those issues will only slow down the determination of the petition hence the Court ought to reject the application,” Paul Muite for JSC submitted.

 

JSC moved to court last week through their lawyer senior counsel Paul Muite to seek orders to restrain parliamentary Departmental committee of justice and legal affairs from tabling it report because it will cripple JSC and judiciary operations.

 

The judge added that the parliament has no authority to remove constitutional officer from the office and failure to obey orders issued by the court saying failure to that it is contempt court.

Justice Odunga at the same time directed that the six commissioners should not be suspended or removed from the office pending the hearing and determination of the petition.

High Court on today dismissed an application by businessman Brian Yongo who filed an application seeking to be enjoined in a suit challenging removal of six members of the Judicial Service Commission (JSC).

 

Yongo filed the application seeking to be joined in the petition, protesting the orders issued by the High Court, suspending the proceedings instituted by the Parliament for the removal of the JSC members. The court ruled that the debt collector failed to demonstrate any legal interest in the matter.

 

Judge George Odunga said that Mr Yongos’ case against JSC Commissioner Ahmednasir Abdulahi will not be affected by the case between Parliament and JSC. He added that Yongo relied on media speculations in filing his case and had no substantive reasons whosever to be enjoined in the matter.

 

Justice Odunga said: “From the foregoing it is clear that an interested party as opposed to an amicus curiae or a friend of the court may not be wholly indifferent to the outcome of the proceedings in question. He is a person with an identifiable stake or legal interest in the proceedings.”

 

Prior to the ruling, it was submitted that JSC is anxious not to be dragged into side shows and since Mr Yongo is not non-partisan, it was difficult to see how the he will add value to the issues addressed by the petitioner.

 

 “To drag the Court into those issues will only slow down the determination of the petition hence the Court ought to reject the application,” Paul Muite for JSC submitted.

 

JSC moved to court last week through their lawyer senior counsel Paul Muite to seek orders to restrain parliamentary Departmental committee of justice and legal affairs from tabling it report because it will cripple JSC and judiciary operations.

 

The judge added that the parliament has no authority to remove constitutional officer from the office and failure to obey orders issued by the court saying failure to that it is contempt court.

Justice Odunga at the same time directed that the six commissioners should not be suspended or removed from the office pending the hearing and determination of the petition.

Industrial Court To Hear Shollei Case

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High court Judge Mumbi Ngugi yesterday ordered Gladys Shollei case against Judicial Service Commission(JSC) be refered to the industrial court. This is after JSC Lawyer Paul Muite urgued that the issues addressed in the petition are between employer and employee.The matter appeared before industrial court Judge Nduma Nderi who directed the case to be heard on 15 of November. The former Registrar of judicial moved to court last week seeking orders to quash her sacking and damages compensation.Shollei was sacked by JSC after the commission suspended her.

Man Want President Out!

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A man who is seeking orders to remove President Uhuru Kenyatta and his deputy William Ruto from office now wants the Attorney General barred from representing the two.

Isaac Aluochier argues that nowhere in article 156 or in the Office of the Attorney General (OAG) Act is the Attorney General granted jurisdiction to act as advocate for state or public officers in their private capacities in proceedings to which the national government is not a party.

He adds that if Uhuru and Ruto really seek legal and not illegal, representation, they should appoint an advocate duly qualified to represent them in the petition, whose appointment would not be a violation of any constitution or other legal provisions. 

‘But the respondents and their advocate, AG have shown contempt for both the constitution and other law by trampling upon the law rather than respecting upholding and defending it and the court should strike off the appointment of the AG  as an advocate for them,’ he said.

According to Aluochier, article 75 of the constitution requires that state officers behave in a manner that avoids any conflict between personal interests and public or official duties and behaves in a manner that avoids compromising any public or official interest in favor of a personal interest. 

He adds that by the respondent having appointed the Attorney General as their advocate, they have conferred upon themselves in their private capacities a benefit legal service from public resources when not authorized to do so which amounts to abuse of office.

High court Judge Mumbi Ngugui however declined to hear the case and referred it to Justice Isaac Lenaola. The case will be mentioned on December 6.

In the case, Aluochier, claims that prior to becoming President, between August 27,2010 and April 2012, Uhuru was Kanu Chairman and continued to hold the position of an appointed Deputy Prime Minister of Kenya right until he assumed office as President.

He has accused Ruto of prior to becoming Deputy President, between August 27 2010 and August 2011, was both the Deputy Party Leader, Strategy of the Orange Democratic Movement ( ODM) and appointed Minister for Higher Education, Science and Technology.

The petitioner wants the court declare to that by the operation of Article 75(3) of the Constitution, the Respondents were rendered disqualified from holding any other State office.

He also wants the court to order the respondents ’ holding of the offices of President and Deputy President to cease with immediate effect, as they are not qualified to hold these or any other State office.