Mangiti and Githinji loose bid to start case a fresh

Former Permanent Secretary in the Ministry of planning and Devolution Peter Mangiti and director General the NYS Nelson Githinji have lost a bid to have their NYS scandal case start afresh

The two wanted the one witness who has testified so far recalled but the lawyers of the accused persons in the scandal said that they wanted to continue with the case

While making his ruling, Milimani Chief Magistrate Francis Andayi said that recalling the first witness would lead to a delay in determining the matter.

Senior Assistant deputy in the office of DPP, Alloys Kemo  told the court that he intends to call 40 witnesses to testify in the matte

I hereby direct the matter be heard.

The former PS and NYS boss were charged with embezzling public funds in the ministry and attempting to induce the senior deputy director-general in charge of administration, Mr Adan Harakhe “not to follow up the matter relating to the conspiracy” to steal money from the government.

The two senior officials were among 26 other suspects charged over the loss of Sh791 million from the NYS.

Mangiti, Githinji and the accused persons denied the charges and were released on a bond of Sh20 million each with alternative cash bail of Sh3 million.

In the case, Cabinet Secretary Anne Waiguru is listed as the first prosecution witness.

Court suspends KMPDU officials sentencing for another seven days.

0

Court has again suspended the doctors official’s sentencing for the third time in a row for seven days.

While delivering her ruling, Justice Hellen Wasilwa directed COTU Secretary General Francis Atwoli to lead negotiations to bring an end to doctors’ strike after Atwoli appeared in court and requested for the seven days period for further negotiations.

The court directed COTU, KNCHR and other parties to lead talks with a view of ending the doctor’s strike.

“The intervention that I’m seeing today, is a very welcoming intervention, I believe there could be other intervention that could really solve this problem which interventions have not yet come and therefore I will still exercise my discretion and give this intervention a chance, ” Justice Wasilwa ruled.

The Judge also asked the Ministry of Finance, Ministry of Labor, Salaries and Remuneration Commission, Federation of Kenya Employers, Council Of governors, KMPDU union and  Attorney General to be part of the talks.

“This meeting must be held as yesterday, ” Wasilwa directed

The parties have been given seven days to reach a deal with Atwoli expected to chair the meeting.

The case will be mentioned on the 13th of February.

However, the judge told the parties not to take the court for granted because as by 13 of February if there’s no solution, the court will make its statement.

Presiding judge Hellen Wasilwa further suspended the one month sentence for seven days and urged COTU secretary general Francis Atwoli to convene a meeting in a bid to resolve the ongoing strike by the doctors.

KNCHR and COTU urged the court to admit them as friends of the court so as to offer mediation on behalf of the Mwananchi.

The doctors have however maintained that they will not go back to work until the CBA 2013 is implemented.

This is the third time the sentencing is being postponed since the ruling was made in December last year after the doctors were found guilty of disobeying a court order to suspend the strike.

Majority leader Francis Mutuku ordered the shooting at the Makueni meeting, Governor kibwana tells court

0

Makueni Governor Kivutha Kibwana today took the witness stand at Makueni law courts to testify in a shooting case where six people were injured during a political meeting in Makueni more than two years ago.

Appearing before the Senior Resident Magistrate Carilus Nyawir at Makueni law courts, Governor Kibwana told the court that he had gone to the assembly following an invitation published in local dailies inviting all county leaders to a meeting.

He further told the court that he heard the assembly majority leader shout in Kamba dialect that ‘that small man is here, shoot him’, before gun shots reigned the air.

Governor Kivutha Kibwana went ahead to say that Assembly Majority Leader Francis Mutuku ordered the shooting.

He added that he saw two of the accused persons Muthoka Ndunda and Francis Daido, the guards of Speaker Stephen Ngelu and Mr Mutuku respectively open fire on his entourage at the Assembly’s gate.

Governor Kibwana further said told the court that local politicians were opposed to his joining the meeting because it was meant to deliberate on his impeachment.

He also exonerated the bodyguards of the senator and that of Kaiti MP saying that he did not see them shoot at his entourage but wondered why the bodyguard to Kibwezi West MP Patrick Musimba was not among the accused.

Kibwana has always painted the gun drama as a plan that had been hatched to eliminate him by his political detractors keen on taking power through the back door.

Four Administration police officers were arraigned in court for shooting and wounding the six.

The hearing of the case will continues on 29th may 2017.

The six were injured during a confrontation between elected leaders gathered at the assembly ground and a group led by governor kuvutha kibwana at Makueni County Assembly on 23rd September 2014.

The shots were fired when a group of when a group of mob stormed the venue where the leaders were allegedly meeting for prayers. From there the leaders had planned to attend a public rally where they were to hit out the governor over alleged corruption

Those injured in the shoot out include governor Kibwana’s bodyguard William Kinoti, county chief of staff Douglas Mbilu, county assembly sergeant at arm Bryan Mutua , former councillor Francis Musyoka and pastor Festus Nyamai and were taken to Makueni General Hospital.

 

woman sues deputy president William Ruto over child neglect

0

A woman has moved to court seeking orders to compel Deputy President Willian Ruto to provide maintenance for a daughter she claims to have had with him 10 years ago in Eldoret.

In an application filed under certificate of urgency at the children’s court in Nairobi, Prisca Bett, the mother of the child claims that William Ruto has totally neglected his parental obligations to the minor as required by the constitution.

Bett says Ruto has refused to provide their 10 years old daughter with adequate basic necessities such as good health, food, school fees, decent clothing shelter and medication.

Through her lawyer Gitobu Imanyara, Bett claims that the minor is in dire need of basic needs and wants the court to certify the application urgent in order to save the minor from irreparable healthy growth and educational development.

She also wants Ruto to provide her with over 145,000 shillings a month besides paying school fees in a school that reflects the status of the defendant.

Bett alleges to have gotten into a relationship with Ruto when he was the Member of Parliament for Eldoret North Constituency while she studied at Moi University Eldoret in 2005.

On 6th March 2006, she says they were blessed with the baby girl.

However, Bett says Ruto has neglected the girl ever since he became the deputy president of the republic of Kenya in 2012.

Warrant of arrest issued against Sudanese Intelligent Working in Kenya alleged to know the whereabouts of two former SPLM-IO officials

0

Court has issued a warrant of arrest against a Sudanese Intelligent Working in Kenya who is alleged to be linked to the disappearance of two South Sudan activists who went missing last week.

While delivering the orders, Judge Luka Kimaru issued a warrant against John Top Lam so that he can appear in court and explain the disappearance of Samwel Dong and Agrey Idri because he has been mentioned a lot by the family of the two.

“Lam has been mentioned a lot by the family of the victim and it will be in order if he appears in court and assist in the investigation,” Said Kimaru.

Judge Kimaru issued orders on January 27, 2017 prohibiting deportation of the two activists to their home in South Sudan

He had also issued orders to Safaricom to produce the phone data of the two missing activists which was produced in court today.

He also directed County Criminal Investigations Officer Nicholas Kamwende to take over the case and investigate the alleged disappearance.

Kimaru had also directed that a senior security official working for the government of South Sudan here in Kenya to be investigated on whether he has any connection to the disappearance.

In an application filed in court, the two activists Samwel Dong and Agrey Idri were allegedly unlawfully detained on 23rd January by security officials and if the court did not intervene they will be deported to their war torn country

It is alleged that Dong left town on Monday at around 9.00 pm heading to his house in South C but his Family claims that he never got home0pokli

Idri’s family claims that when he went to exercise on Tuesday morning as was his routine but never went back home. The family is said to have reported their disappearance to the police on the same day to no response.

Dong was also a former deputy chairperson of the committee for constitutional affairs SPLM-IO and Idri was a chair for humanitarian affairs.

Dong was being held in Kenya and was facing deportation to his home country, where he has received death threats and could be arrested.

New teachers union, KTC, to be registered within 14 days

0

Court has ordered the registrar of unions to register the new teachers union and give them a certificate of recruitment within 14 days.

while delivering the judgment, justice Hellen Wasilwa said that the teachers have a right to form a union of their choice as long as the name is not in conflict with any other union

The new teachers union known as Kenya Teachers Congress had moved to court seeking to compel the registrar of trade union to register them.

In the petition filed at milimani commercial court, Kenya Teachers Congress stated that it’s their constitutional right to form a trade union and that the decision by the Registrar of  Trade union to decline to register them was  Illegal and improper.

In a press briefing outside the court, KTC Secretary General John Githua Mbate said that they are targeting to have recruited more than 50,000 teachers from all over the country within the next two months.

Mbate also added that the new union will charge its members only 1% of their salary and not 2% compared to Kenya National Union Of teachers (KNUT)

He added that KTC will be there for its members and will represent them fully

The Union through two teachers, Bernard Lagat and John Githua Mbate had on the 29 of February 2016 decided to form a new teachers trade union under the name Kenya Teachers Congress and were denied a certificate to recruit members in the new union.

KNUT had opposed their registration saying that KTC is a parallel to other unions serving the teachers.

The petitioners had sued the Attorney General and the registrar of trade union and wanted the court to quash the decision by the respondents which declined to grant them a certificate of recruitment.