Posts tagged as: case

Former President Kibaki’s Bodyguard Sues For 2002 Accident

Photo: Nicholas Komu/The Nation

David Wambugu, 45, a former bodyguard of retired President Mwai Kibaki, at his Witima home in Othaya, Nyeri County, on May 15, 2017.

By Joseph Wangui

A bodyguard involved in a road accident with former President Mwai Kibaki has alleged in a court case he was mistreated and forced out of the Kenya Police Service despite suffering life-threatening injuries.

Corporal David Wambugu was then-Opposition presidential candidate Kibaki’s bodyguard at the time of the December 3, 2002 accident at the Machakos turn-off on the Nairobi-Mombasa highway.

They and two other people were on their way back to Nairobi in a Range Rover KAH 016G from campaign rallies in the lower eastern region.

The frail-looking Mr Wambugu, 45, has since been in and out of hospitals for injuries in the head, legs and back.


Then a General Service Unit (GSU) officer stationed at Kilimani Police Station, Nairobi, he had been a guard of Mr Kibaki since 1997.

According to documents filed at Milimani Industrial Court through RA Onchuru Advocates, Mr Wambugu claims that the retired President had volunteered to settle his medical bills due to the close relationship and trust they had.

They are from neighbouring villages in Othaya Sub-County.

Mr Wambugu says then-Nairobi Provincial Police Officer (PPO) Zachary King’ori Mwangi forced him to retire for “nagging” the then-Head of State with hospital bills.


He was also accused of extorting money from State House.

Mr Mwangi is a senior assistant inspector-general of police.

“On January 20, 2005 around 16:00 Hours, the then-OCS Kilimani Police Station and Chief Inspector Samuel Otongo and two other police officers came to my residence at Highridge and ordered me to go to the station to see Mr Mwangi,” states Mr Wambugu in his petition of 37 grounds.

The former policeman adds that he was taken to Mr Mwangi’s office and forced to sign an early retirement letter, failure to which “I would not be safe as far as my life is concerned”.


The last hospital bill to be paid was Sh62,000, due to the Nairobi Hospital, in 2004.

The last bill that he submitted to State House was for Sh116,720.

Mr Wambugu recounted: “Mr Mwangi summoned me to office and I moved there fast, on crutches and in dire pain, thinking good news awaited. He was very harsh to me, saying I was disturbing the President. He also said I was not involved in the said accident.”

He has named the National Police Service, Mr Mwangi, National Police Service Commission and the Attorney-General as respondents in the case.


The father of four also claims that after his retirement, reports emerged that his services had been terminated for losing a gun in suspicious circumstances, which he denies.

He resorted to being a night guard at a residence in Nairobi, earning a salary of Sh7,000, but quit after his health deteriorated.

He was forced to sell his properties, including land and livestock, to foot his medical bills.

The case was to come up for hearing on March 26 but did not, since the respondents had not filed their responses and it was not in the Milimani Law Court cause list.

The case was adjourned to July 27.

When he suspected interference with the case, Mr Mwangi wrote to Chief Justice David Maraga, seeking his intervention.

Tea Cooperative Manager Arrested Over Rwf30 Million

Police in Nyamasheke District are holding the former manager of COTEGA, a cooperative of tea farmers, in connection with embezzling about Rwf30 million.

Damien Ndababonye was arrested over the weekend following an investigation that was initiated by the current management and members.

COTEGA cooperative has close to 3400 tea farmers.

Chief Inspector of Police (CIP) Théobald Kanamugire, Police spokesperson for the Western region, said that concerned members of the cooperative filed the case of “gross abuse of office by some current and former cooperative leaders.”

“During investigations we found that Ndababonye, while he was still the manager of the COTEGA, allegedly used Rwf30 million of the cooperative to buy a vehicle. He was arrested and the vehicle (Double cabin) impounded pending further investigations,” CIP Kanamugire said.

“Members of the cooperative claimed that the vehicle was purchased without their consent as the norm, and that Ndababonye was using it to run personal errands. Preliminary investigations also indicate that the few people, who knew about this plan, had agreed with Ndababonye to be paying about Rwf150, 000 every month until he refunds the whole amount.”

Investigations also indicate that Ndababonye was meant to refund the money he took without interest.

“We are still investigating the involvement of other members in this case or if there is no more money embezzled before the case file is forwarded to prosecution,” Kanamugire noted.

Embezzlement, under article 325 of the Penal Code, is punishable with a term of imprisonment of seven to ten years and a fine of two to five times the value of the embezzled or destroyed property.


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Mak Closure – Case Ruling Against M7 Set for June 22

High court judge Patricia Wasswa Basaza has this morning ordered for written submissions in the case in which six students from Makerere Law School sued President Yoweri Museveni for closing the university.

Justice Wasswa demanded written submissions from both parties by May 29 and has set June 22 as date for making a ruling on the matter.

President Museveni, in November last year, closed Makerere in his capacity as “the visitor” in line with the Universities and other Tertiary Institutions Act 2001. The institution remained closed until January 2 this year.

Museveni ordered the indefinite closure of Makerere on November 1, 2016 following failed negotiations between the university council, administration and lecturers over their salary incentives for the past eight months.

He said the closure of the university was meant to guarantee the safety of persons and property. The six students including Sam Ssekyewa, Moses Mushime, Cissy Nabatanzi, Emmanuel Kanyesigye and John Robert Turyakira in November last year challenged the powers held by the ‘visitor’ of Makerere to indefinitely close the university.

They argue that the president overstepped his powers since Makerere had its supreme organ, the University Council. Preliminary objections raised by Makerere and the attorney general are that the case has been overtaken by events since the university reopened on January 2 and that all the lost time was compensated for.

They further argue that since the ‘visitor’ is the President of the Republic of Uganda, he is immune to law suit as per the Constitution.

The applicants through their lawyer Isaac Ssemakadde of Legal Aid however argue that whereas some of their prayers have been overtaken by events, they want court to bar the president from closing the university in the future since the University Council can take such decisions.

“We want court to be very clear and be so categorical and state that; in future, Makerere University will not be closed arbitrarily because Sections 26 of the Universities and other Tertiaries Act spell out the duties of the ‘visitor.’

Then, Section 40, says that the University Council is the supreme organ that has overall mandate of governing Makerere University but the president issued a directive, closing Makerere University.

And, we are saying that is unlawful, and therefore we pray that court should be very categorical that a visitor doesn’t have powers to close Makerere University. When there is any strike in future, Council should be given its full mandate that it has the full powers to administer Makerere.” said Turyakira.

Turyakira, a 4th year law student at Makerere University told URN that they are not deterred by what he calls delays in the case.

“Court has ordered that all respondents must submit in their written submissions. Makerere University has asked for only week and the attorney general was actually ready to argue.

So court has said that on May 22, Makerere University should have filed it’s written submissions. Then on May 29, we as the applicants should have filed our submissions and on June 22, that is when we shall have a court ruling.

We are very happy as applicants that actually court is able to entertain our litigation and we are happy that on June 22, we shall be able to get justice prevailing as far as Makerere is concerned.” Turyakira said.


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Stop The Threats, Electoral Body Warns Opposition Alliance

Photo: Dennis Onsongo/The Nation

IEBC Chairman Wafula Chebukati addresses a press conference on election preparedness. He was speaking at the agency’s offices in Nairobi on May 10, 2017.

By Patrick Lang’at And Ibrahim Oruko

The electoral commission has defended its appeal against a ruling to have the presidential election results at the constituency deemed as final, even as it warned against what it said were threats to its independence.

The Raila Odinga-led opposition National Super Alliance on Sunday threatened to boycott the August 8 elections if the Independent Electoral and Boundaries Commission (IEBC) does not withdraw the appeal they said was a plot to introduce vote rigging.


But IEBC chairman Wafula Chebukati, in a statement on Monday, said the commission is seeking clarification on the High Court ruling that took away his powers as the presidential elections returning officer.

As the returning officer for the presidential results, the IEBC argues, Mr Chebukati should have the power to tally and announce the results.

“We want to remind all political players in the country that IEBC, just like any other Kenyan, has the right to seek the protection of the Judiciary and the courts on matters that need legal interpretation,” Mr Chebukati said.


He condemned Mr Odinga’s threat, saying the Opposition should instead seek to be enjoined in the case or await the Appeal court’s ruling.

“Coming forth to threaten IEBC that unless it withdraws the case, there would be a boycott of the elections amounts to a threat of the independence of IEBC and muffling an entity from pursuing a right that is enshrined in the Constitution of Kenya,” Mr Chebukati said.

During the rally at Afraha open grounds in Nakuru on Sunday, the Nasa team said it would boycott the elections if IEBC went ahead with the case, which they said was an attempt to interfere with results.

“We shall not accept to have the courts change the earlier decision,” Mr Odinga said.

“There will be no elections in Kenya if it is changed. That will not be our election, but theirs as it will not be under Kenyan law or Constitution.”


On Monday, some Jubilee politicians accused Mr Odinga of intimidating independent institutions ahead of elections.

The leaders warned that threats by Nasa to boycott the August 8 elections over a dispute pending before court was “uncivilised, illegal and attack” on the rule of law.

They were led by Senate Majority leader Kithure Kindiki and deputy Kipchumba Murkomen.


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Seychelles: The Sun Will Make Ice – Fishing Community Upgrades to Solar

Photo: Seychelles News Agency

As fishing is the islands second-most important economic sector, the BFA wants to demonstrate the potential of solar PV to develop the artisanal fisheries sector.

The livelihood of a fishing community in a northern district on Seychelles’ main Island, Mahe, is set to improve with the installation of the country’s first solar energy-powered ice plant.

The chair of the association of fishermen in the district of Bel Ombre, Peter Tirant, said that “the installation of the five-kilowatt photo voltaic (PV) panel will improve our livelihood by reducing the cost of ice, as the ice plant will now be powered by solar energy.”

The new solar-powered ice plant is part of a project on how to use solar photo voltaic panels to improve the facilities of the fishermen of Bel Ombre and help enhance safety and security at what is considered the Seychelles’ largest artisanal fishing port in a village community. The PV panels is expected to be up and running by end of June.

With new lighting navigating in and out of the port, as well as loading and offloading at night, will be safer and more secure. Additional lights will help reduce and deter vandalism and theft which is currently a major problem.

Through the project which is funded under the Global Environment Facility (GEF), the association is also contributing to national efforts against the effects of climate change and reducing the carbon footprint of port facilities.

“As fishing is the islands second-most important economic sector, we want to demonstrate the potential of solar PV to develop the artisanal fisheries sector, and we want other fishing communities, both artisanal and industrial, to adopt such technologies especially renewable energy technologies,” said Tirant.

The installation of the solar panels was agreed last month between the Bel Ombre Fishermen Association and the Seychelles Fishing Authority (SFA) in the signing of a memorandum of understanding (MOU). The MOU makes provision for the staff of SFA to give training on how to maintain the PV panel. The authority will also after six months conduct a cost analysis of running the PV and any savings made will go back to the fishermen.

“As SFA is already giving us some concession, we want to lessen SFA’s financial burden. We hope now that they can make savings especially on electricity and money that can be used for other urgent needs such as maintenance and reparations on the plant when there is a breakdown,” added Tirant.

The chair of the Bel Ombre Fishermen Association said that when the ice plant is down, the fishermen are the most affected as they cannot go out to sea and therefore cannot earn an income.

The Bel Ombre port is not only used by the district’s fishermen but by others as well such as dive centres, pleasure boats, the ferry of the Silhouette Hilton Labriz Hotel and Spa.


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Over 100 Broke MPs Risk Losing Their Luxury Cars

Photo: The Nation

(file photo).

By Edwin Mutai

Nearly 100 MPs are facing possible repossession of their luxury cars to recover outstanding loans at the end of their tenure on August 7, the Parliamentary Service Commission (PSC) has warned.

The MPs, fresh from spending millions of shillings in the just-concluded party primaries and expecting to spend more in the upcoming campaigns, are under immense pressure to clear low-cost mortgage and car loans advanced during their term in office.


The lawmakers are entitled to a Sh20 million mortgage and a Sh7 million car loan that they are, however, required to repay on or before the end of parliamentary terms.

The 418 members of the bicameral Parliament are also entitled to a Sh5 million car grant which they do not repay.

Through its Car Loan Scheme Fund, the PSC has asked MPs not to rely on their monthly pay slip deductions to repay the amounts due but to instead “make additional payments from other sources.”

“This will ensure early repayment and release of original logbooks to facilitate their discharge and transfer to the owners,” the fund says in a report to the Auditor-General Edward Ouko.


The fund says it had outstanding loans amounting to Sh213.1 million for both MPs and parliamentary staff.

The MPs are now staring at property seizures in the event of default on the loans borrowed at the beginning of their tenure in March 2013.

In the case of the 11th Parliament, the MPs must clear their loan balances on or before August 7, 2017.

Read the full story here:


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Homosexual Defilement and Rape Should Be Dealt With Too

Photo: Joe Gratz/Flickr

Judge’s gavel (file photo).

opinionBy Cato N. Lund

I was taken back to Saturday August 2, 2008 by the editorial in Daily Monitor of May 9. The main front page banner of Saturday Vision that day was a figure in large and bold print: “40 000, the number of primary school girls defiled by their teachers in one year”. It referred to a recent survey but unfortunately, I don’t remember who had performed it.

Some years later another survey, by the World Health Organisation (WHO), brought out other figures on annual occurrences in Uganda: 700, 000 unwanted pregnancies, 300,000 abortions, and 68,000 women dying from complications caused by illegal and unsafe abortions, 700,000 unwanted pregnancies take-away 300,000 abortions makes 400,000 unwanted children. That is a substantial number denied the first and basic right of any child: to be welcome.

Then 12,077 defilement cases were reported and investigated in 2014 according to Uganda Bureau of Statistics (Ubos).

The above figures indicate that this is just the tip of an iceberg. The actual size of the iceberg is difficult to assess, many cases go unreported because they are “settled out of court” by the perpetrator paying a sum of money to the parents or giving some other compensation.

Alternatively, he uses his position to intimidate the victim and her parents to keep silent and drop the case completely.

Together with common lack of confidence in the police, assuming nothing will be done unless reporting of the case comes together with some “facilitation”, this results in skewed statistics.

Defilement is ultimately punishable by death under the Ugandan law; if anything demonstrates the futility of capital punishment as a deterrent, this must be one of the most glaring examples.

To the number of primary school girls defiled by their teachers, add those suffering the same fate in secondary schools, in their families and the villages, and we will arrive at a staggering figure, say 60,000 as a conservative estimate. That means seven girls are defiled per hour, 24/7.

UBOS’ 2014 crime table also records 1,099 cases of reported rape. Again I am quite sure we only see the tip of a huge iceberg.

Victims fail to report because of unwarranted shame, fear of bigotry, stigma and blame, difficulty of bringing material evidence to support her narrative, and numerous other reasons.

It may be a very conservative supposition, having the number of unwanted pregnancies in mind, to assume four unreported cases for each that is reported, so the actual number comes to five times the one given in the table, or 5,495, more than 15 per day through the year.

Much energy, indignation and effort has been invested in protecting our children from bad influence.

It is certainly good to shield them from sexual predators, but consider this, the number of homosexuals in any human population is deemed to be between two and 10 per cent, if we go for the lower estimate in Uganda, we remain with 98 per cent heterosexuals. Nothing indicates that the rate of sexual predation is different in these groups, so the risk that such a predator is heterosexual is 49 times bigger than him being homosexual. As for the cases of rape, there is not much doubt regarding the sexual orientation of the perpetrator.

Comparing the expressions of moral ire, religious and legal zeal to deal with homosexuality with the reactions to heterosexual defilement and rape, shows an incredible level of hypocrisy. It is like the reasoning is: “I’m not homosexual but the rapist could have been me, so let us downplay the latter and raise commotion over the first”. In a patriarchal society women are submissive so they keep silent and ask their own husbands at home.

Congo-Kinshasa: Democratic Republic of the Congo Hit By Ebola Outbreak

Photo: Luis Encinas/MSF

Three people have died from a fever, one of them tested positive for the Ebola virus (file photo).

Two years after the virus killed dozens of people in the DRC, the UN health agency has confirmed a new deadly case. Its last outbreak coincided, but was unrelated to the West Africa pandemic from 2014 to 2016.

The Ebola virus has returned to the Democratic Republic of the Congo, more than two years since its last major outbreak, the World Health Organization announced on Friday.

Three people died from a fever, one of whom tested positive for the Ebola virus. Health authorities identified nine people who were suffering from a hemorrhagic fever in Bas-Uele province in the northeast of the country on or after April 22, the DRC Ministry of Public Health said in a statement.

“Our country must confront an outbreak of the Ebola virus that constitutes a public health crisis of international significance,” the ministry said.

The WHO posted details of the case on Twitter, saying it had been notified by the DRC Ministry of Public Health.

The case “is in a very remote zone, very forested, so we are a little lucky. We always take this very seriously,” WHO Congo spokesman Eric Kabambi told Reuters news agency.

In 2014 the DRC was hit by its seventh Ebola virus outbreak, unrelated to the concurrent outbreak in West Africa, killing 49 people. The West African Ebola virus epidemic killed more that 10,000 people between 2013 and 2016.

Ebola is a highly contagious hemorrhagic fever that can be transmitted from animals including bats and monkeys. The virus is fatal in up to 90 percent of cases.

An experimental vaccine was recently developed that the WHO said could be used in emergencies. The GAVI global vaccine alliance said on Friday that 300,000 emergency doses of the vaccine were available in case of a large-scale outbreak.

aw/kms (AP, AFP, Reuters)

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Joy, Tears Characterise Police Recruitment

By Joseph Muraya

Nairobi — The police recruitment drive attracted tens of thousands of youths despite the exercise only targeting 10,000 people.

It was an exercise characterised by excitement and disappointments for those who did not make it to the final list, like some of those who spoke to Capital FM News at the Nyayo Stadium recruitment centre.

“I am completely tired and I am not trying again… what is a certificate of good conduct to stop me from serving the country?” one of the youths asked, visibly fatigued by the vetting and what the future holds for him asked.

“This is my fourth time. Last time they told me I was short, I have now gained height but I don’t have a certificate of good conduct.”

For others, they might not have been picked but they were optimistic that next time they will be lucky.

Grace Akinyi failed the test because she could not close one of her eyes while the other one is still opened.

“I feel heartbroken that such a reason has stopped me from joining my dream job,” a teary Akinyi told Capital FM News.

It was her fourth time as well but in her case, she is not giving up.

With the high unemployment rate in the country among the youth, some were escorted by parents who only watched at a distance as they went through the vetting, some whispering a prayer to God, for their son or daughters to be admitted.

“I have tried to take my son to a teachers college but he just wants to join the police service,” one of the parents said.

“It is passion and it seems he will be picked.”

Kenya Police spokesperson Charles Owino said the process was not marred by many incidents saying other than medical and physical requirements, they also ensured that regional balance was considered.

He said the exercise was transparent.


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Kenya: Mombasa Issues Alert Over Dengue Fever Outbreak

By Muthoni Waweru

Nairobi — Surveillance has been intensified in Mombasa after an outbreak of dengue fever was reported.

The Chief Officer, County Department of Health, Dr Khadija Shikelly stated that the disease which has affected at least 153 people has been reported in Kisauni, Jomvu, Changamwe, Nyali, Mvita and Likoni sub-counties.

The cases were confirmed by rapid diagnostic test kits at Aga Khan Hospital, Mombasa Hospital, Al Farouk, Jocham and Seyyid Fatima private hospitals.

Shikelly said Kisauni has the highest number of case at 37, followed by Mvita, 25, Changamwe 21 and Likoni 21.

No deaths from the fever have been reported.

“This is to notify you that there is dengue fever outbreak in Mombasa County and we therefore need to respond effectively and in a coordinated approach to contain the outbreak,” said Shikelly.

Dr Shikelly has assured that the county has put in place adequate measures to control the spread of the disease which is the leading cause of serious illness and deaths among children.

“Dengue fever has no treatment or vaccination but can be controlled by spraying stagnant water and clearing bushes around homes,” said Shikelly.

“Access to proper medical care lowers fatality rates to below one per cent.”

County health officials have warned that the onset of rains which have hit the county has led to an upsurge in cases of malaria, by creating new breeding grounds for mosquitoes, which are the vectors transmitting the disease to humans.

Symptoms of the dengue fever include severe headache, pain behind the eyes, muscle and joint pains, nausea, vomiting, swollen glands or rash.

Mosquitoes which are the vectors transmitting the disease, also transmit Chikungunya, Yellow Fever and Zika, according to the World Health organization (WHO).


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