Posts tagged as: case

Nasa, Jubilee Ordered to Respond to Poll Suit

By Sam Kiplagat

Nasa and Jubilee have been directed to respond to a suit filed by two businessmen who want the Supreme Court to reverse its judgement on the presidential election petition.

Mr Jackson Ndegwa and Mr Edward Kings Onyancha appeared before Supreme Court Deputy Registrar Daniel ole Keiwua on Monday, when it emerged that Nasa and Jubilee were yet to respond to the case.

The two outfits were directed to file their responses by Monday.

REPEAT POLL

The application by the two businessmen was rejected by Mr Keiwua last month but they have filed an appeal and will now appear before a single judge of the Supreme Court.

In their case documents, Mr Ndegwa and Mr Onyancha argued that there is need to overturn the decision nullifying the August 8 presidential election so as to save the country from spending Sh12 billion in the repeat polls.

In the appeal, the two argue that the Supreme Court should be the last court to sustain and enforce procedural technicalities against a party at the expense of justice.

VIOLATION

They appeared before Mr Keiwua on September 18, but he declined to admit their case.

They now argue that the case ought to be heard urgently because it might be overtaken by events.

According to the two, the case raises very serious constitutional issues and legal principles, therefore the move by Mr Keiwua to dismiss the case is a violation of the Constitution.

RULING

According Mr Ndegwa, the deputy registrar erred in law and fact.

The Supreme Court, by a majority decision, nullified the August 8 presidential election, citing irregularities and illegalities in the transmission of results.

But the petitioners have argued that the judgment was based on flaws, was illegal and therefore should be reversed.

Kenya

Producers Earn Top Dollar From Specialty Tea Exports

Specialty tea from the Kenya Tea Development Agency (KTDA) earned the company as high as Sh29,973 ($291) a kilogramme at… Read more »

Nakumatt Junction Ruling Set for Next Week

By Abiud Ochieng

Troubled retailer Nakumatt will on Wednesday next week know whether it will continue to be a tenant at the upmarket Junction Mall.

The retailer is fighting a bid by the mall’s owners to shut down its premises following alleged breach of the tenancy agreement.

Nakumatt yesterday urged High Court Judge Joseph Onguto to restrain the Junction Ltd from evicting it, saying there is already in place an order issued on August 28 stopping all creditors from interfering with its management and operations.

Under the law, property belonging to a company or individual facing insolvency proceedings in court, as is the case with Nakumatt, is protected from attachment for purposes of recovering the debt.

The Junction Ltd, however, says that it is currently facing huge losses and that there is no guarantee Nakumatt will be able to compensate it.

The owners of the mall urged the court to vary the August 28 order so as to allow them to evict Nakumatt and cushion themselves from further losses.

“The damage to us can’t be redeemed by the fact that Nakumatt is already facing a petition for being unable to pay its debt. It means that we will have to underwrite all the losses from October 1,” said Junction Ltd’s lawyer.

Nakumatt is said to owe the Junction between Sh50 million and Sh75 million.

It also emerged that Nakumatt and the mall’s owners had entered into an agreement in relation to the premise. The Mall owners told the court that Nakumatt has continued to use the premises in a manner that is against the surrender agreement.

The lawyer representing the Mall owners said that the damage they are currently facing is enormous given that Nakumatt as an anchor tenant, was the driving force of all the other tenants and that following the latest turn of events, other tenants have already approached them asking for rent reduction of almost 25 percent.

The Mall owners pleaded with the court to allow them evict Nakumatt from their premises saying that it is not unusual since the retailer has already vacated the Thika Road Mall (TRM), and that surrender of the premises is therefore necessary.

“We don’t know whether we will be paid. The Junction Ltd will not have a remedy in the present circumstances,” said the lawyer for the Mall owners.

Kenya

Producers Earn Top Dollar From Specialty Tea Exports

Specialty tea from the Kenya Tea Development Agency (KTDA) earned the company as high as Sh29,973 ($291) a kilogramme at… Read more »

Jubilee Trains Agents in Readiness for Oct 26 Poll

By Margaret Njugunah

Nairobi — Jubilee Secretary General Raphael Tuju says the party has been training its agents for the last 3 days, ahead of the October 26 repeat Presidential elections.

According to Tuju, on Sunday alone, the party trained 823 trainers as part of its response to the Supreme Court directive that a fresh presidential election be held within 60 days.

Tuju urged the opposition coalition, the National Super Alliance, to do the same and rescind their decision to withdraw from the poll.

“Our activities since the September 1 ruling have been to comply, prepare and campaign for the fresh election while our opponents have only been engaged in press conferences and collecting money from poor citizens,” he said.

Tuju says the role of agents in an election is critical to ensuring fairness and transparency and has asked NASA to learn from the annulled August 8 poll and ensure the agents it deploys are properly briefed.

He says had the Opposition properly deployed its agents as it had made noise about doing, they would not have had to rely on the results from the Independent Electoral and Boundaries Commission to make their case before the Supreme Court.

“Even in the August 8 elections, NASA was unable to deploy even half of the number of required agents. They were so disorganised that in some parts of the country, they did not have agents.”

Kenya

Ruling Jubilee, Nasa Plot for Election Storm

The ruling Jubilee Party has employed a broad spectrum of strategies to legitimise President Uhuru Kenyatta’s victory in… Read more »

Court Refuses to Split Rwigaras Case

By Elisee Mpirwa

The Nyarugenge Intermediate Court on Friday denied the request by prosecution to separate the hearing of three Rwigara family members who face charges related to inciting insurrection.

For the fourth time, the court had to adjourn the pre-trial hearing of Anne Rwigara, and Diane Rwigara and their mother Adeline Rwigara to Monday, after Gatera Gashabana (representing the mother) claimed he had not had time to look into the file.

In court, prosecution had requested the judges to separate Adeline Rwigara’s case from her daughters, arguing that since the lawyer representing the two younger Rwigaras had said he was ready, the trial should be split and proceedings begin for parties that are ready.

However, court decided not to separate the trial saying that there are common charges against the three defendants, which may complicate the process if they are tried separately.

Prosecution had also requested the court not to postpone the case again, arguing that defendants had been given enough time to prepare themselves for the pre-trial hearing.

The three face charges related to inciting insurrection.

Diane Rwigara faces additional forgery-related charges, which were discovered by the National Electoral Commission during the evaluation of nominations for the recently concluded presidential election.

The mother, Adeline Rwigara, also faces another separate charge of divisionism and discrimination.

They first appeared before court last week on Friday.

Rwanda

HRW on the Spot Over False Reports on Rwanda

Looking rather displeased, Alphonse Majyambere narrated to Saturday Times how he met officials from the National… Read more »

Diamond Risks Six-Months Jail Term in Child Support Lawsuit

By Thomas Matiko

Bongo flava superstar Diamond Platinumz is facing a six-months jail term or a fine of upto Tsh5 million (Sh224,170) if found guilty of absconding his parental obligations.

A fortnight ago, Diamond was sued by his baby mama Hamisa Mobetto for child support and defamation, and the date for his appearance before a Kisutu Court in Dar es Salaam is fast approaching.

Diamond has publicly confessed cheating on his partner Zari Hassan with Mobetto.

The two bore a son Abdullatifah Naseeb in August whom Diamond claimed he is fully providing for.

In her notice for the lawsuit, Mobetto gave Diamond an ultimatum of 7 days to start supporting the child of two months and also demanded an apology for defamatory remarks the singer made against her.

JAIL SENTENCE

Diamond however failed to meet the demands prompting Mobetto to move to court.

The case is set to be mentioned end of this month, and according to Tanzanians’ Children’s’ Act 2009, if Diamond who is currently riding high with his latest hist single, Hallelujah, is found guilty he could be fined up to Tsh5 million or sentenced to jail for six months or slapped with the two penalties as the court would dim fit.

This is according to Tanzanians’ Childrens expert lawyer Abdallah Shaibu interpretation.

“Ukiangalia sheria ya watoto ya 2009 kwenye kifungu cha 41, kimezungumzia jukumu la mzazi katika kutunza mtoto. Pia vile viloe tukiangalia kifungu namba 51 cha sheria ya mtoto 2009 kimetaja itakuwa ni jukumu kwa mtu yeyote akiwemo baba endapo atashindwa kutoa huduma muhimu kwa mtoto, endapo atatiwa hatiani atapigwa faini isiyopungua laki tano na isiyozidi milioni tano. Pia ipo adhabu ya kifungo cha miezi sita kwa namna mahakama itakavyoona au adhabu zote hizo zikakwenda pamoja” Shaibu, who works for DKM Legal Consultants Advocates in Dar Es Salaam, said.

Tanzania

Opposition Up in Arms Over Proposed Law

Opposition parties say the draft bill aimed at paving the way for a new political parties act will eventually lead to… Read more »

Kitale Farmer Sues Son-in-Law in Row Over Bride Price

By Gerald Bwisa

A farmer on Thursday took his son-in-law to court for failing to pay him the bride price.

Mr Protus Wanyama Mamati accused Patrick Wanjala Marango of pulling his daughter Jackline out of school, eloping with her and ignoring calls to observe marriage traditions.

Jackline was in Form 3 at Kitale’s Sirende Secondary School in 2011, when Marango convinced her to abandon studies for marriage, Mamati told Kitale Resident Magistrate Peter Wasike.

“My daughter was doing very well in school until she was pulled out for marriage. Up to now the man has never bothered to come to us for a formal introduction or even pay dowry. It is just like he stole my daughter,” Mr Mamati said and asked the court to compel the son to observe the Bukusu rites and traditions to the letter.

DEMANDED SH50,000

Mr Mamati caused laughter in court when he said his son in-law ought to have started paying up by buying him a hat as he saved money to settle the rest.

The son had neither visited his home to formally introduce himself and neither had he ever sent any token of appreciation in the six years he had been living with his daughter, he said and demanded Sh50, 000 for himself, Sh25, 000 for his wife, 13 cows, two goats, two blankets, two bed sheets, one hat, a pair of gumboots and 20 litres of paraffin.

Mr Mamati also said he had tried to reach out to the son several times without success. Marango admitted he had paid no bride price but had asked his wife’s family to be patient with him, promising to settle everything in the fullness of time. He said they have three children and that he respected his community’s marriage traditions and intended to abide by them.

PAY BY INSTALMENTS

“I have never refused to pay my father-in-law the bride-price. All I needed was time to make arrangements in order to invite them and we settle this matter properly,” he said, adding that his pleas to be allowed to pay up in instalments had been flatly rejected.

“We have tried to solve this matter at home but in vain since he insists he want the payment in full. He says I have wasted his daughter’s time,” said Mr Marango.

Mr Marango’s father said both families had had a meeting and that they failed to reach a deal since he had only two cows out of the requirement of 13 in addition to two goats.

“Protus and I met but we could not agree. I told him that I have only two cows but he insisted on 13 and two goats so we left it there but he has been threatening me with court action and here we are,” he said. The case will be heard on November 16.

Kenya

US Regrets Opposition Leader Odinga’s Move to Exit Poll

A State Department official said on Thursday that the United States respects but regrets Nasa leader Raila Odinga’s… Read more »

Court Orders Safe Custody for Kisumu Poll Materials

By Rushdie Oudia

Kisumu High Court has directed the Independent Electoral and Boundaries Commission (IEBC) to secure gubernatorial election materials in a case where former Kisumu Governor Jack Ranguma is contesting Prof Anyang’ Nyong’o win.

Judge Justice David Majanja on Wednesday directed IEBC to coordinate with the petitioner and other parties in the case to agree on how the election materials for Kisumu governorship race will be secured.

Mr Majanja also ordered the parties to decide on how they will access the electronic materials needed in the case.

“Parties must sit, discuss and agree on how the election materials including the important forms are to be in safe custody during the case,” said Justice Majanja.

WITNESSES

The parties are also to agree on a list of witnesses for both Prof Nyong’o and IEBC.

Mr Ranguma was seeking to have the electoral commission furnish him with crucial documents, which he said may strengthen his case.

Through his lawyer Richard Onsongo, Mr Ranguma wanted IEBC to avail all the elections materials, including but not limited to ballots papers used and unused, the voter registers and others.

Also demanded by Mr Ranguma was Kenya Integrated Electoral Management System (KIEMS) logins

“Through this we will know the total number of people who turned up to vote and whether all of those who turned up were accounted for,” said Mr Onsongo.

He also asked for copies of all statutory forms so that they can see how they were completed, who signed them amongst others.

ADDUCED

Justice Majanja however said further orders will be granted on October 17 based on evidence adduced.

Mr Ranguma filed the petition contesting the election of Prof Nyong’o as Kisumu Governor.

The respondents in the case are IEBC, Governor Nyong’o and the Kisumu County Returning Officer John Cox Lorionokou.

Mr Ranguma who has accused IEBC of mismanaging the August 8 polls, wants Prof Nyong’o’s win nullified arguing that the announcement and declaration was erroneous.

“We also want a recount and audit of voters [after which] Ranguma would be found to have been properly elected,” said Mr Onsongo.

Kenya

AU Calls on Kenyatta, Odinga to Steer Kenya Out of Political Impasse

African Union Commission Chairman Mr Moussa Faki Mahamat, has called on all stakeholders in Kenya’s electoral process to… Read more »

Police Accused of Defiling Minor in Murang’a Cell Out on Bond

By Ndungu Gachane

A police officer accused of defiling a minor inside a cell has been freed on bond.

Mr Laban Njogu is accused of defiling the 13-year-old girl on September 30 at Murang’a Police Station.

SH400,000

A Murang’a court on Wednesday released him on of a Sh400,000 bond.

His bond application had been opposed by the prosecution, arguing that he could interfere with the investigations.

But Chief Magistrate Margret Wachira ruled that arrested persons have a right to be freed on bond or bail unless there are compelling reasons not to do so.

She underplayed the prosecution’s argument that the suspect’s release posed “a great danger” to the minor.

The magistrate noted that the minor’s theft charges had been dropped and she had been placed under protection.

“Having taken note of the development of the case that the minor’s case has been dropped and her life is safe, I release the accused on a bond of Sh400,000 or a surety of a similar amount,” she directed.

CONDITIONS

However, the magistrate prohibited the suspect from making any threats to any of the witnesses or any relative of the minor.

She warned that the bond would be cancelled if the accused breaches the court’s conditions.

The case has attracted great interest among rights groups and ordinary Kenyans, and on Wednesday, the courtroom was packed to capacity.

The Federation of Women Lawyers in Kenya (Fida-Kenya) is representing the minor.

The case will be mentioned on October 19 while the hearing has been slated for November 16.

Kenya

AU Calls on Kenyatta, Odinga to Steer Kenya Out of Political Impasse

African Union Commission Chairman Mr Moussa Faki Mahamat, has called on all stakeholders in Kenya’s electoral process to… Read more »

Ethiopia:Central Bank Issues Directives to Harmonize Devaluation

Photo: Addis Fortune

Central Bank of Ethiopia.

The nation’s commercial banks are told to transfer 30pc of their foreign currency earnings to the central bank, part of a series measures regulators took to complement the devaluation of the Birr against a basket of major currencies.

The National Bank of Ethiopia (NBE) has devalued the Birr by 15pc, hoping to see exporters encouraged to sell more.

The big prize goes to exporters. In a directive issued on Monday, exporters are privileged to retain 30pc of their export earnings, an amount which has been at 10pc. However, they are told to spend their retaining of forex on imports only related to their businesses.

The directive, which instructs banks to transfer all the “windfall profit” from currency adjustment, is seen by authorities complementary to the devaluation of the Birr effective as of today, October 11, 2017. During the past devaluation, seven years ago, the payment demanded from the banks was only 75pc of their windfall earnings.

The transfer was made in a bid to reduce the burden on the Commercial Bank of Ethiopia (CBE) in the allocation of Forex for the procurement of strategic goods such as petroleum and sugar, and payments made to cover the country’s bills for shipping imported items, according to a source close to the case.

Ethiopia

Government Forces Kill 4 in Oromia Region

Ethiopian government forces killed four people and wounded 18 others Thursday in the town of Soda in the restive Oromia… Read more »

Malawi: Judges Opt Out of Appeal Case of Sex Ritualist Aniva

By Osman Faiti

The hearing of an appeal case of an HIV-positive Eric Aniva who was sentenced to two years in jail with hard labour for having unprotected sex with newly bereaved widows and has already served his half sentence in prison, failed to kick off on Tuesday after High Court judge Sylvester Kalembera disqualified himself from hearing the appeal.

Kalembera said he cannot sit in the bench to hear the appeal despite having already dealt with the matter during confirmation.

Deputy registrar of High Court of Malawi and Supreme Court of Appeal, Agness Patemba said another judge will be assigned to take up the case.

Private practice lawyer Michael Goba Chipeta representing Aniva, known in Malawi as a “hyena”, said he appealed against the conviction and the sentence, saying the Blantyre Magistrate’s Court erred in law when in November last year sentenced Aniva to two years imprisonment with hard labour on charges of indulging in harmful cultural practices and an attempt to commit the same offence contrary to Section 5 sub-sections 1-2 of Gender Equality Act of 2013.

Goba Chipeta argues that the lower court erred in sentencing Aniva as the convictions on which the sentences were based were erroneous and wrong in principle.

“The lower court held that the practice of Kulowa Kufa [widow cleansing ] is a harmful practice as defined under the Gender Equality Act, when there was no evidence supporting the court’s reasoning and conclusion,” reads the appeal petition of appeal in part.

The practice of “widow cleansing”, when a widow must have sex after her husband dies, was outlawed a few years ago.

Aniva’s lawyer also argues that the prosecution had failed to prove an essential element of the offence and that the totality of the evidence before the court showed that Aniva’s conduct did not amount to the alleged attempt.

Aniva, . 46 year-old, admitted in a BBC documentary that he had had sex with women and girls in traditional “cleansing” rituals.

His case was brought to court after he spoke to the BBC about his role as a “hyena”. In parts of southern Malawi, hyenas are paid by families to perform a cleansing sexual ceremony with widows to “exorcise evil spirits”.

Parents also pay them to have sex with their adolescent daughters to mark their passage into adulthood.

He was arrested on July 25, 2016 following President Peter Mutharika’s directive.

In sentencing, Magistrate Innocent Nebi said Aniva “had no regard to the feelings of widows, no regard to dignity of women and it is even doubtful that condoms were used … Such a culture has no place in Malawi.”

Despite some success in reducing HIV prevalence rates in Malawi, more than 9% of the country’s 15- to 49-year-olds are infected with the virus.

Aniva hails from Tosina Village, Traditional Authority (T/A) Mbenje in Nsanje.

Malawi

The Agony of Raising a Mentally Ill Child in Malawi

Watson Mpeketula, 55, from Chilomoni Township in Blantyre testifies about the agony and trauma of raising a mentally ill… Read more »

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