Posts tagged as: judge

Former KPA Boss Ordered to Pay State Sh74 Million

By Philip Muyanga

The Ethics and Anti-Corruption Commission (EACC) has scored a major victory in its fight against corruption after former Kenya Ports Authority Managing Director James Mulewa was ordered to pay Sh74.6 million for unexplained assets.

Justice Eric Ogola ordered Mr Mulewa to pay the government Sh63.6 million being cumulative bank deposits he made between August 31, 2008 and May 20, 2010.

The judge further directed Mr Mulewa to pay the government Sh11 million being the value of a vacant parcel of land in Nyali, Mombasa and a four bedroom maisonette at Bandari villas.

“Being that these assets (the plot and maisonette) are unexplained, the value should be paid to the Government of Kenya as required by Section 55 (6) of the Anti-Corruption and Economic Crimes Act,” said Justice Ogola.

INCOME

The judge ruled that it was evident that Mr Mulewa was afforded a reasonable opportunity to explain the disparity between the assets and his legitimate sources of income as required by the Anti-Corruption and Economic Crimes Act.

Through lawyer Philip Kagucia, EACC argued that upon completion of its investigations, it found that Mr Mulewa had unexplained assets and consequently issued as statutory notice requiring him to explain how he acquired them.

EACC further argued that the response by former KPA boss was not satisfactory hence it instituted the proceedings.

Mr Kagucia told the court that EACC had established that Mr Mulewa had unexplained assets and there was no evidence in court that they were not acquired through corruption.

He further told the court that Mr Mulewa had denied allegations against him but had not provided any evidence to support his claim that he legitimately acquired the assets.

SON

The court heard that the MD used to earn Sh1, 050,000 per month.

The anti-corruption agency had also claimed that during the period, Mr Mulewa acquired the properties in his name and that of his son.

Mr Kagucia told the court that it was irrelevant that Mr Mulewa was acquitted of corruption charges.

The former MD did not dispute that he owned various bank accounts but argued that some of them were operated for his own use while others for the benefit of others in his capacity as the administrator of his late father’s estate.

Mr Mulewa also claimed that during the period in question apart from being a KPA employee, he was involved in the real estate business where he acquired some of the properties from as early as 1984.

The former MD also told the court that his wife operates several business stalls at Kongowea market and a guest house and that he is the beneficiary of his late father’s estate which includes a ranch.

He also claimed that the daily deposits made to his accounts were proceeds from the sale of cattle at his family ranch in Kilifi County.

Kenya

Duale to Seek MPs Approval of Sh11.5 Billion for Poll

Majority Leader in the National Assembly Aden Duale says he will be requesting MPs to approve the release of Sh11.5… Read more »

KPL Should Have 16 Teams – High Court

By David Kwalimwa

The High Court on Thursday ruled that the SportPesa Premier League reverts to a 16-club competition with immediate effect.

In a ruling that could cause further friction in the already strained relations between the country’s top football officials, High Court Judge Justice John Mativo also declared as ‘null and void’ the newly introduced Football Kenya Federation club licensing rules.

Further, Football Kenya Federation president Nick Mwendwa and CEO Robert Muthomi, who were sued by former FKF boss Sam Nyamweya in this case, were ordered by the court to desist from interfering with the affairs of the Kenya Premier League Limited.

“A declaration be and is hereby issued that the Kenyan Premier League shall have a maximum of 16 teams during the 2017 season, consisting of (14) teams who qualified for sporting merit on the field during the 2016 league season plus the two highest ranked teams at the end of the 2016 league season in FKF’s National Super League,” the ruling states in part.

“An order be and is hereby issued directing both the FKF and KPL to fully respect and implement the FKF-KPL agreement during the period 2017-2020.”

The top flight football league currently consists 18 teams, a decision that was arrived at after a six-month bickering between KPL and FKF officials. This move ultimately cost the competition a lucrative sponsorship deal with South Africa’s pay-TV channel Supersport.

Kenya

Duale to Seek MPs Approval of Sh11.5 Billion for Poll

Majority Leader in the National Assembly Aden Duale says he will be requesting MPs to approve the release of Sh11.5… Read more »

Judges – Why Uhuru Kenyatta’s Victory Was Voided

By Ibrahim Oruko

The Supreme Court has today given the detailed reasons behind its decision to nullify the outcome of the August 8 presidential election.

In the long-awaited decision, the majority opinion of four rapped the electoral commission for the way it conducted the poll.

LAW BREACH

The Independent Electoral and Boundaries Commission (IEBC), they said, breached the Constitution, the Elections Act and other election laws and regulations to the extent that the poll agency became a law unto itself.

In the judgements read by Chief Justice David Maraga, his Deputy Philomena Mwilu and Judge Isaac Lenaola, the court noted that the level of irregularities and illegalities in the poll were many, systematic and deliberate.

They further said they annulled the presidential election after the commission failed to counter the evidence adduced in favour of the petition.

“It is clear the discrepancies were widespread and to a great extent affected the integrity of the presidential election,” Justice Maraga said.

NUMBERS

While poll outcome was beamed live in TV, the judges noted, IEBC failed to inform the public the source of the results and dismissed assertion that election is all about numbers.

“On our part, elections are not just about numbers; they are not events, but processes,” the judges argued.

They said elections are holistic processes that reflect maturities of democracies.

They accused Mr Chebukati of announcing the final results without forms 34A in breach of the Elections Act.

The commission presided over an inaccurate, unverifiable and a less transparent presidential election, the judges said.

The judges noted that the commission’s failure to open itself up for scrutiny after spending billions of shillings in taxpayers’ money on the poll was proof that the commission was hiding something.

More follows.

Kenya

Duale to Seek MPs Approval of Sh11.5 Billion for Poll

Majority Leader in the National Assembly Aden Duale says he will be requesting MPs to approve the release of Sh11.5… Read more »

Mozambique: Fake Agriculture Projects Draining Millions

Photo: lejecos

(File photo).

Maputo — Joaquim Mazive, one of the 24 accused in the case of the fraud that syphoned 170 million meticais (about 2.9 million US dollars, at current exchange rates) from the Mozambican government’s Agricultural Development Fund (FDA), on Friday denied that he had issued favourable opinions for fake livestock projects.

The prosecution alleges that Mazive was one of the FDA staff who, between 2012 and 2015, gave favourable technical opinions to projects approved by the then chairperson of the FDA, Setina Titosse, regarded as the mastermind behind the fraud.

The prosecution says that none of the projects approved met the minimum requirements laid down by the FDA. These included, for example, proof that the project had access to the land required. This could either be a land title (known as a DUAT), or a declaration from the District Economic Activities Services (SDAE), covering the area where the project was to be set up.

The applicant is also required to submit, among other documents, a business plan, proof of payment of taxes, and invoices or quotations for the goods he intends to purchase. None of the projects that formed part of the fraud met these requirements.

One of the projects for which Mazive wrote a favourable opinion was submitted by Gerson Manganhe, supposedly to raise cattle in Chibuto district, in the southern province of Gaza. Manganhe received just short of six million meticais for this.

But the investigation by the Central Office for the Fight against Corruption (GCCC) showed that this project simply did not exist. Manganhe knew nothing about Chibuto, and had never set foot in the district. He had no livestock project, said the prosecution, “and so the role of Joaquim Mazive was to give the go-ahead to something he knew did not exist”.

Likewise Mazive gave a favourable opinion to a project of Vicente Matine, despite his lack of a DUAT, or a letter from the SDAE, showing that he had land for his project. Nonetheless, 4.6 million meticais was deposited in his account. Two days later, 2.5 million meticais of this sum was transferred to the account of Milda Cossa, the personal assistant to Setina Titosse. The money eventually ended up in Titosse’s hands, the prosecution says.

This left 2.1 million meticais for Matine who, used it, not for any livestock project but to buy a Toyota vehicle.

In all Mazive wrote favourable opinions for nine projects, regarded by the prosecution as fictitious. But he told the Maputo City Court on Friday that when he received the projects, he analysed them and visited the places where they were to be set up. Despite the lack of documents, he claimed the projects did meet the FDA requirements. This contradicted statements by the FDA beneficiaries themselves who, during the preliminary investigations, admitted they knew nothing about the districts where they were supposedly investing the FDA funds.

Thus Mazive said that he had accompanied Gerson Manganhe to the site of his project in Chibuto. But Manganhe gave evidence to the court the previous day that he had never gone to Chibuto.

When the judge pointed out these contradictions, Mazive admitted he might have been mistaken, and might have accompanied the project proponents to other places.

He admitted that he had received three million meticais for a project of his own. He wrote the technical opinion for his own project. (Even if this project was real, it would still be illegal under the Law on Public Probity. Public officials cannot help themselves to the funds of the institutions they work for, and approving their own projects is an obvious conflict of interests).

Mazive said his project was for raising cattle in Boane district, in Maputo province, but due to climatic conditions, he moved the animals to Moamba district. He said the first repayment of the money did not fall due until 2018, and he would pay the FDA loan off at the rate of 300,000 meticais every six months.

Brasilino Salvador, the former head of the FDA livestock department, denied that he had drawn up fake projects, but admitted to the court that some 90 per cent of projects approved by the FDA, including his own, were irregular.

He said that projects were financed, even without meeting the FDA requirements, in order to allow people to “develop their initiatives”.

He admitted taking over 3.9 million meticais to raise cattle in Boane. Like Mazive, he then transferred the cattle to Moamba. He also acquired a vehicle from the FDA, costing over 600,000 meticais.

Also on Friday, another accused Felicidade Massangueja, told the court she had received over four million meticais for a cattle project. But on Titosse’s instructions, she transferred two million meticais to the account of Milda Cossa, and 500,000 to the account of her husband, Paulo Manhique. She put a further 800,000 in a deposit account, but intended to use it later in her cattle business.

“In fact, I don’t know whether I still have any cattle”, she admitted. “I stepped aside from the business a bit when I became pregnant and was then arrested under this case. I never tried to find out again what had happened to my cattle”.

FDA worker Atalia Matuca told the court she had received a loan of over three million meticais from Titosse which she used, not for any agricultural or livestock purposes, but to buy a house in the southern city of Matola.

Abdul Rassur, who is married to a niece of Titosse, said he had submitted a project to the FDA, but he had not drafted it. He never went to the FDA to deal with any aspect of the project, and signed all the paperwork in Titosse’s house.

He received 6.1 million meticais from the FDA, but transferred most of it to accounts belonging to Titosse, to her ex-husband Cardoso Cabral, and to her niece, Isabel Antonio. He was left with 400,000 meticais for himself.

“I never went to the FDA”, he said. “They just brought me the contract to sign. I didn’t read the contract”.

Government to Roll Out Dual Citizenship Registration in Diaspora

By The Independent

Godfrey Ssali — The government through the Ministries of Internal Affairs and Foreign Affairs will roll out the registration of Ugandans living in the diaspora for dual citizenship.

This was revealed by the Rt. Hon Speaker Rebecca Kadaga following complaints by Ugandans living in the United Kingdom that they are facing challenges in gettting registered for dual citizenship. The Ugandans also raised concern that they have to travel all the way to Uganda to have the registration done.

Kadaga, who was attending the Uganda UK Convention in London, Saturday, 16th September 2017 said that following the passing of the Dual Citizenship Act, there is need to implement it by having citizens registered.

“There will be operation centers; one in the Nordic countries, in Washington and one in the United Kingdom starting April 2018 so that you can get the services from here,” she said.

The Speaker revealed that a portal would also be established to enable application and submission of forms online.

Kadaga also faulted the two ministries for not publicizing the recent visits to the UK and US where they held open days and had some Ugandans registered.

“The tour made by the Ministry people to London, Boston and Miami was not well publicized. I understand people did not hear that the programme was coming. I instruct the ministries to let people know when they will be available but also train embassy staff so they don’t have to wait for people from Kampala,” she added.

She revealed that on acquisition of dual citizenship certificates, the Ugandans would also be in position to get their national identity cards immediately.

“When I was in the US, the first people to get their dual citizenship also became eligible immediately and secured their national identity cards there in Miami; so the ID centers will be there especially for children who are growing up here,” Kadaga said.

On the issue that the costs for registration are high, the Speaker said that abandonment of one’s citizenship is expensive comparing it with what is paid to acquire citizenship in the US and UK.

“Am aware that when you pay for this citizenship you go to swear before a judge paying allegiance to the Queen. That is the consequence of paying allegiance to a different country. But now you can pay allegiance to both,” Kadaga said adding that ‘a one-off payment of US$400 for your Uganda is not high. I appeal to you to pay that cost’.

The Speaker who led Parliament’s delegation to the Convention revealed that Ugandans with German citizenship would not be in position to get Ugandan citizenship because the German law does not allow for the same.

Opening the Convention, the Vice President, H.E. Edward Kiwanuka Ssekandi encouraged Ugandans and other nationals to visit the country and enjoy its natural beauty. He particularly cited the Equator saying that is a unique natural feature.

“When you look at the world map, you think Uganda is a small country. However, it lies both in the Northern and Southern Hemisphere. Go and enjoy the feeling of being in both hemispheres when at the Equator,” he appealed.

Uganda

Ssematimba Confirmed as MP

Uganda’s Court of Appeal has confirmed NRM’s Peter Sematimba as the validly elected MP of Busiro South constituency in… Read more »

New Twist in Sudhir, Bank of Uganda Case

By Derrick Kiyonga

Property kingpin Sudhir Ruparelia hopes to convince the judge hearing Bank of Uganda’s nearly Shs 400 billion lawsuit against him that he does not owe anything under a settlement agreement he signed early this year.

The central bank did not keep its side of the bargain, his lawyers will argue — if the suit comes to trial.

First skirmishes played out in the Commercial court on Wednesday. Judge David Wangutusi inconclusively heard an application to have Bank of Uganda lawyers: MMAKS Advocates and AF Mpanga Advocates, recused from the suit in which he is accused of siphoning billions from his former business.

As is the custom, the judge proposed mediation first, even as the central bank’s lawyers refused to accept accusations of conflict of interest on grounds that they worked for the businessman before.

With that undetermined question hanging over proceedings, a parallel front opened up just nine days ago. On September 5, BOU filed to amend its main plaint and bring an alternative cause of action.

If successful, BOU would secure the correlative rights of Crane bank, which Ruparelia ceded with the signing of a Confidential Settlement and Release Agreement (CSRA) between both parties early this year.

He would also have to pay $52 million, and transfer 47 freehold/mailo land title deeds from Meera Investments, to Crane Bank.

Under Clause 3.1 of the CSRA, “In consideration of BOU and CBL [Crane Bank Limited ] agreeing to settle and release claims as specified in this Confidential Settlement and Release Agreement, SR [Sudhir Ruparelia] agrees: To pay and or procure the payment to BOU [Bank of Uganda] of the aggregate amount of USD 60,000,000 and transfer of CBL (in receivership ) or its nominee the freehold and mailo titles set out.”

Things, however, are not as straightforward. If mediation fails and Judge Wangutusi has to hear the matter, the interpretation given by Ruparelia’s counsel, Kampala Associated Advocates, will be that he was supposed to pay BOU.

That Crane bank cannot make a claim on the $52 million or any sum of money under the CSRA since, according to him, the clause specifically states “… that USD 60,000,000 shall be paid to (BOU)… “

But it is the underlying argument which is even more involving. Sudhir thinks that the CSRA was broken immediately BOU sued him.

The court is being invited to consider Clause 12 of the CSRA, which provided that, “Without prejudice to the immediately foregoing, should any legal or administrative proceedings of any kind ensue against SR [Sudhir Ruparelia] (as defined in this agreement), the agreement stands voided and BOU shall immediately return to SR the value of the settlement consideration in immediately available funds.”

Sudhir’s lawyers have advised him that neither Crane bank nor Bank of Uganda can now enforce their rights under the CSRA.

“I have further been advised by my lawyers, which advice I verily believe to be true, that in so far as the proposed amendment attempts to introduce an alternative cause of action under the CSRA, it is barred by principle of approbation and reprobation. Crane Bank Limited having made an election to abandon the CSRA cannot resile from that election,” Sudhir says.

Another amendment that BOU seeks involves the manner in which Sudhir’s business partner, Rasik Kantaria, acquired Crane bank shares.

Kantaria is said by BoU to have procured his shares thus: First purchase worth Shs 1 billion in 2006 from Anglo Universal Holdings Limited; a company BOU claims is associated with Sudhir.

Second batch worth Shs 4 billion from Sudhir and third by acquiring shares held by Jagdish Nagrecha; Sudhir’s brother-in-law and Jyotsna Ruparelia, Sudhir’s wife, for Shs 5 billion.

The case being made is that Kantaria was Sudhir’s front since all dividends he received as a shareholder ended up in bank accounts of entities owned by Sudhir.

However, Sudhir sees an attempt by BoU to subvert his defence through the changing of original facts. He has opposed BoU’s wish to revise its original claim that Sudhir received Shs 35,234,253,980 from Kantaria to Shs 35,835,701,265.

The defence lawyers say that the Shs 35,234,243,980 figure was extracted from a PriceWaterHouseCoopers’ forensic audit report dated November 13, 2014.

They will tell Judge Wangutusi that the audit firm’s report, in fact, supports Sudhir’s argument that BOU was aware of all it alleges — and yet it still approved Crane Bank’s financial statements between 2014- 2015 . The banking regulator is stopped from suing him, they hold.

Other arguments are that BOU allegedly copied, then changed, the PWC forensic report now dated January 13, 2017 in which the Shs 35,835,701,265 figure is mentioned. The defence claims that the January report is quite different in both form and content from the PWC document of November 2014.

Sudhir asserts that on July 21, 2017 his lawyers served BOU with a notice to produce 26 documents as alluded to in BOU’s plaint since he needed them to defend himself. Listed as number one, was the PWC forensic report. On July 31, 2017, he says that BOU refused to produce any of the documents save for Crane bank’s annual report of 2014.

The defence holds that since the PWC report is the very foundation of the case given BoU’s proposed amendments to the main plaint, refusal by BoU amounts to an attempt at trial by ambush and is an abuse of court process.

Hard Fighting Thika Hold Leaders Gor Mahia

By Timothy Olobulu

Thika — A hard fighting Thika United got an important point to aid their relegation fight after holding Kenyan Premier League leaders Gor Mahia to a 0-0 draw in a competitive encounter at the Thika Sub-County Stadium on Sunday evening.

Gor would have gone 11 points clear at the top of the standings had they won but the point still gives them a safe buffer, sitting nine points clear of second placed Sofapaka and with a match at hand.

Most would have expected Gor who have scored seven goals in two matches to come in and exert their dominance over the relegation threatened Thika United, but the home side came in full throttle, showing that they can also contest by taking K’Ogalo head on.

Gor had the first chance of the game with Meddie Kagere getting an opportunity at close range from a Timothy Otieno cross, but the ball took an awkward bounce infront of him bumping on his knee and chest before going wide.

K’Ogalo continued to put in the early pressure with Karim Nizigiyimana’s shot from the edge of the area blocked for a corner by the resilient Thika defense.

Thika were cool, calm and composed in their approach and they passed the ball beautifully with Saad Musa and Said Tsuma combining well in midfield, Eugene Mukangala and Shami Kibwana providing the options upfront.

The hosts thought they had grabbed the lead in the 25th minute when Kibwana tapped away from Gor goalkeeper Boniface Oluoch after a swift counter attack from a corner, but the first assistant referee’s flag was up for offside.

After the restart, Gor threw bodies upfront and a foul from 30 yards out saw Kenneth Muguna get a chance from a freekick but the set piece flew straight into Thika keeper Allan Owiny’s arms.

Nicholas Muyoti’s men continued knocking the ball beautifully around the field, trying to open up the Gor defense and they succeeded in the 28th minute when Saad released Mukangala who was isolated on the right, but the latter’s attempt at beating Oluoch at his near post was weak.

The game turned out into a full contest especially in the centre of the pack where the two sides sought dominance. It was a beautiful display from the two sides and no one at first sight would judge Thika as a side fighting relegation.

At the stroke of halftime, Gor had the ball inside the net when Kagere connected to a Timothy Otieno cross but the goal was ruled out for offside.

In the second half, Gor dropped down their levels, fatigue clearly stepping on their toes having played three games in a week all on travels.

Timothy Otieno had Gor’s first and best chance of the second half but his shot from the edge of the box after being teed up by Muguna with a clever backheel went wide.

On the counter in the 58th minute, Thika should have gone into the lead but Kibwana with only Musa Mohammed to beat took too many touches on the ball, allowing the backtracking Gor players to come in for cover.

Gor Mahia boss Dylan Kerr made changes, pulling out Ernest Wendo for Oliver Maloba while Otieno came off for Jacques Tuyisenge.

With the change, Gor went up with two strikers, Tuyisenge teaming up wit Kagere while Maloba went wide.

Muguna, who had been deployed as a number 10 dropped back to the creative midfield slot while Philemon Otieno took over the role of defensive midfielder. Later, Francis Kahata was introduced for George ‘Blackberry’ Odhiambo as Kerr sought keys to unlock the Thika defense.

Again, it was the hosts who had another chance of breaking the deadlock when Mwinyi found himself in space after intercepting Boniface Oluoch’s low clearance but he could not get a shot on target.

In the final 10 minutes of the game, Gor piled pressure in search of the winner with Tuyisenge seeing two of his close range efforts well saved by Owiny.

Zimbabwe: Zvinavashe Estate, Mavhaire in Bikita Minerals Battle

By Cyril Zenda

The High Court has ordered an investigation into the shareholding of Bikita Minerals (Pvt) Limited to determine the veracity of claims that former army commander,the late Retired General Vitalis Zvinavashe, held a 15 percent stake in the firm.

Bikita Minerals is believed to hold the world’s largest known lithium deposits, estimated at 11 million tonnes. Justice Davison Foroma ordered the Minister of Justice, Legal and Parliamentary Affairs, Emmerson Mnangagwa, also the country’s Vice President, to appoint an inspector to probe claims by the executor of Zvinavashe’s estate, of the late general’s shareholding in the lithium producer.

The late army commander’s son, Richard Zvinavashe, who is the executor of the national hero’s estate, says he has failed to trace the shares.

Richard sought the appointment of an investigator on the basis of his understanding that his father owned 15 percent of the company which he said “may have fraudulently and or oppressively conducted its affairs to the prejudice of the deceased estate”.

According to courts documents, while admitting that Zvinavashe was its director, Bikita Minerals insisted the war veteran was never a shareholder.

A search at the Registrar of Companies by Richard had produced a CR14 that showed that Zvinavashe had ceased to be a director on March 7, 2009, with the reason curiously stated “as a result of death.” Zvinavashe only succumbed to cancer three days after that, on March 10, 2009.

Former energy and power development minister, Dzikamai Mavhaire and businesswoman, Janet Mutasa, were chairman and company secretary of Bikita Minerals respectively, at the time of Zvinavashe’s death. In his founding affidavit, Richard averred that he believed the CR 14 was fraudulently created.

“It is clear, therefore, that three days before his death the board of directors chaired by honourable Mavhaire had already written to the Registrar of Companies through its consultants to have my father removed from the office of director on false claims that he had died,” he said.

The judge said it was highly unlikely that Zvinavashe was just a director with no shareholding in the company. Mavhaire, with whom Zvinavashe joined the company’s board on November 13, 2004, was a 21 percent shareholder.

“That may well be so and such attitude is understandable, especially given that applicant has come to know that D C Mavhaire with whom the deceased joined the board of first respondent on the same day is the holder of 21 percent shareholding in first respondent,” said Justice Foroma.

“The attitude of the applicant has been prompted by first respondent’s negative attitude to his legitimate search for information.

“The applicant’s concerns are understandable.

He requires to bring to account all assets of the deceased estate for the benefit of the beneficiaries

of the estate, including the fiscus. The last thing he as executor would expect is any reason to suspect collusion on the part of the deceased’s lifetime colleagues.

In this regard, first respondent (Bikita Minerals) has not allayed such fears,” Foroma added. The court noted that the executor should be given equal access to make informed decisions. Bikita Minerals had failed to

demonstrate what prejudice, if any, it stood to suffer on account of the investigation, hence the court’s decision to order the probe.

“The court finds that it is desirable that the affairs of the first respondent be investigated for purposes of establishing the shareholding structure of the company and any consequential matters resulting from the said investigation

in so far as the same may affect the winding up of the estate of the late Vitalis Musungwa Gava Zvinavashe,” Foroma said.

Chief Justice David Maraga Under Siege

By Sam Kiplagat

Chief Justice David Maraga is under siege after the Supreme Court quashed the re-election of President Kenyatta.

On Thursday, Nyeri Town MP Ngunjiri Wambugu filed a petition before the Judicial Service Commission seeking the removal of Kenya’s top judge.

14 PAGES

In the 14-page petition, Mr Wambugu accuses the president of the top court in the land of “gross misconduct”.

The Jubilee lawmaker wants the Judicial Service Commission, the employer of judges and magistrates, to investigate the conduct of Judge Maraga since his appointment as Chief Justice.

Mr Wambugu accuses the CJ of instituting “a judicial coup” as the head of the third arm of government.

Wambugu claims Judge Maraga has been held captive by a group of NGOs who have been campaigning against Mr Kenyatta’s presidency since 2013.

He alleges that Justice Maraga has allowed the non-profits to be embedded in the Judiciary and has been funding a number of programmes, including technical support and training at the Judicial Training Institute.

JUDGE IBRAHIM

He has also accused the CJ of preventing Justice Mohamed Ibrahim from participating in the hearing of the presidential petition filed by Mr Odinga.

Justice Ibrahim fell sick on the second day of the hearing of the case.

The allegations come as Kenyans eagerly await the full judgement of the Supreme Court, which nullified the re-election of President Kenyatta. The Judges have nine days to deliver their decision in full.

Justice Maraga, Deputy Chief Justice Philomena Mwilu, Smokin Wanjala and Isaac Lenaola nullified the election citing irregularities and illegalities in the transmission of results.

Judges Njoki Ndung’u and JB Ojwang dissented.

Kenya

Duale to Seek MPs Approval of Sh11.5 Billion for Poll

Majority Leader in the National Assembly Aden Duale says he will be requesting MPs to approve the release of Sh11.5… Read more »

Student Denies Charges of Murdering 9 Girls in Dorm Fire

Photo: Capital FM

Presiding Judge Luka Kimaru directed that the proceedings be held in-camera in the interest of the minor’s right to privacy.

By Correspondent

Nairobi — A student suspected of starting a fire that led to the death of nine of her colleagues at the Moi Girls Secondary School in Nairobi was Wednesday charged at the Milimani Law Courts.

Presiding Judge Luka Kimaru however directed that the proceedings be held in-camera in the interest of the minor’s right to privacy in accordance with Section 186 (g) of the Children Act

The minor however denied charges levelled against her with family lawyer Stanley Kang’ahi making an application for her release on bail pending the hearing and determination of the case.

Following the application, the judge directed the accused to appear before the court on Friday when the he will make a determination whether or not a cash bail of Sh200,000 will be allowed.

On Wednesday last week, the prosecution had asked for 10 days to consolidate evidence before preferring charges against the 14-year-old girl.

The children’s court in which she was first produced at the time granting the State a week to conclude investigations.

Her arraignment in court came a day after the nine victims of the arson attack were positively identified following DNA tests conducted on their remains at the University of Nairobi’s Chiromo Mortuary.

“Indeed, all results are out today and the procedure here is that we are taking them (parents and relatives) through psychosocial support and counselling and thereafter each family will be allowed to see their loved ones as each name has been matched with a body after the DNA test and all have been identified,” National Management Disaster Unit Deputy Director Pius Masai stated on Tuesday.

The inferno at a dormitory also left 16 students hospitalized with varying levels of burns.

An affidavit produced at the Children’s Court on Wednesday last week by the Milimani DCIO Phylis Kanina suggested that the minor, who has been codenamed T.W.G in court papers, was arrested on Tuesday at her parent’s home in possession of a Tecno mobile phone which was at the centre of investigations by the police.

Among leads detectives were pursuing were chats contained in the minor’s WhatsApp messaging application which police sources said offered useful information that could help the prosecution secure a conviction.

According to Kanina’s affidavit, a laptop was also recovered at the home, investigative officers believed to have mined as much information as they could to help solidify the case.

Kenya

Duale to Seek MPs Approval of Sh11.5 Billion for Poll

Majority Leader in the National Assembly Aden Duale says he will be requesting MPs to approve the release of Sh11.5… Read more »

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