Posts tagged as: justice

You Brought ICT Firm Morpho to Us, Odinga Told

By Kennedy Kimanthi and Gaitano Pessa

Nasa leader Raila Odinga is at the center of a political storm after Jubilee MPs implicated him in the direct sourcing of French-based technology firm OT-Morpho in 2012.

The legislators said Mr Odinga, who is against the firm providing the result transmission system for the repeat presidential poll, was actively engaged in the controversial government-to-government deal between Kenya and Canada for the procurement of biometric voter registration kits by the electoral commission for the 2013 General Election.

RAILA’S ROLE

Most of the devices required for a fraud-free voter register and delivered by then Safran Morpho, however, failed on the election day, forcing the electoral agency to resort to manual voter identification.

Mr Odinga, who was a Prime Minister at the time, participated in the process in his capacity as the chairman of the Cabinet sub-committee that was formed to oversee the acquisition of the devices.

CHAIRMAN

The MPs’ statement came a day after Water Cabinet Secretary Eugene Wamalwa and former Budalang’i MP Ababu Namwamba said Mr Odinga introduced the company to the government before the 2013 poll.

“The Cabinet sub-committee that dealt with the 2013 election was chaired by Mr Odinga.

“CS Wamalwa who was part of the Cabinet has indeed confirmed it is Mr Odinga who introduced Safran Morpho as a reputable company,” Kikuyu MP Kimani Ichung’wa said at a press conference on Tuesday.

DIRECT PROCUREMENT

Mr Wamalwa and Mr Namwamba had on Monday in Funyula, Busia County, said the firm was strange to Kenya until Mr Odinga introduced it.

“He (Raila) was the leader of the Elections Sub-committee, I was the justice minister.

“He ordered direct procurement of the technological kits because of time limitations. Mr Odinga himself said Safran was the best and was seconded by Mr Orengo,” Mr Wamalwa said.

Nasa MPs have also accused top Jubilee and electoral officials of receiving a Sh200 million bribe to award the tender for the August 8 elections to Morpho.

Mr Odinga has indicated there are about five firms Nasa is aware of that can supply the poll technology in 30 days.

Kenya

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

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Kenya: IEBC Directed to Deploy Alternative on Oct 17 in Case Technology Fails

Photo: IEBC Facebook

(file photo).

By Olive Burrows

Nairobi — The Supreme Court has directed the Independent Electoral and Boundaries Commission (IEBC) to put in place a complementary system for the fresh October 17 presidential poll, in compliance with Section 44A of the Elections Act.

Chief Justice David Maraga said the court could not simply overlook the negation of guidelines on the use of technology in the transmission of results saying the electronic transmission was the bedrock upon which the new election laws passed by the bi-cameral Parliament were anchored.

In its ruling on Wednesday, the court also found that no reasonable explanation was given as to why not all Forms 34B did not possess security features.

Maraga for instance pointed out that the requirement for accountability and transparency was therefore in doubt as no plausible explanation was given for discrepancies in the forms.

“It was obvious to us that IEBC misunderstood the petition and therefore jumbled its responses… IEBC should do some soul searching and go back to the drawing board,” Maraga stated.

“As judges, we have taken an oath of fidelity to the Constitution. For what is the need of having a Constitution if it is not respected?” Maraga wondered.

The court however found no evidence that President Uhuru Kenyatta used the release of funds to IDPs as a campaign tool to entice voters.

Maraga noted while reading the detailed ruling of the September 1 decision of the apex court nullifying the re-election of President Kenyatta that the Supreme Court is among institutions the sovereign power of the Kenyan people has been vested by the Constitution.

Maraga refuted claims that the Supreme Court discredited the sovereign decision of the voters in the August 8 presidential election by annulling the election based on technology malfunction.

Ahead of the commencement of the court session, Maraga explained that Justice Smokin Wanjala, with whom he, Deputy Chief Justice Philomena Mwilu and Justice Isaac Lenaola made the majority ruling voiding President Kenyatta’s re-election, had travelled out of the country, hence his absence in the courtroom.

Kenya

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

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IG Boinnet Denies Claims By Maraga on Judges’ Security

By Joseph Muraya

Nairobi — Inspector General of Police Joseph Boinnet now says all judges in the country have adequate police officers attached to them as well as at their residences.

In a statement, the IG refuted claims by Chief Justice David Maraga that he has failed to ensure Judiciary officials, premises and their homes are fully secured.

“The truth is borne out of facts and they are plain for any citizen to check and confirm,” the IG stated. “We, therefore, take exception to that assertion by the Judicial Service Commission as it is not founded on any facts at all.”

Maraga had said that the “JSC notes with dismay that the IG who is expected to provide security to all government facilities has repeatedly ignored calls to act, exposing judicial officers, property, and litigants to danger.”

He said incidences such as one that occurred at the Kerugoya High Court on Monday where Kirinyaga gubernatorial candidate Martha Karua was barred by demonstrators from accessing the courts for a hearing of a petition she filed against Governor Anne Waiguru were unacceptable and “should never be allowed to happen”.

Maraga fiercely defended the autonomy of the Judiciary saying it was equal to the other two Arms of the Government – the Legislature and Executive.

“If leaders are tired of having a strong and independent Judiciary, they should call a referendum and abolish it altogether,” he charged.

“Before that happens, the Judiciary will continue to discharge its mandate in accordance with the Constitution and individual oaths of office.”

He addressed journalists even as demonstrations rocked parts of the country over his ruling.

The demonstrators waved placards against the Chief Justice whom they accused of slowing the country’s development after nullifying President Uhuru Kenyatta’s victory.

The protesters – mainly donning red T-Shirts – were carrying placards demanding the swearing-in of President Uhuru Kenyatta or a recount of the votes among others.

– Calls for peace –

Meanwhile, diplomats have urged political leaders and citizens to desist from negative rhetoric and actions that may plunge the country into political turmoil ahead of the repeat presidential election which seems uncertain due to the strict timelines and demands from the Opposition.

In a joint statement, the Heads of Missions said unwarranted baseless attacks levelled against independent institutions like the Judiciary and IEBC risk undermining peace in the country.

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 »

Ruto Slams CJ, Says He Sounds Like the Opposition

By Jeremiah Wakaya

Nairobi — Deputy President William Ruto criticised Chief Justice David Maraga’s statement on attacks against the Judiciary, describing the tone of the speech as political.

Through his Twitter handle on Tuesday night, Ruto said the proclamation by Maraga on Tuesday evening closely resembled political declarations by the Opposition National Super Alliance (NASA) and wondered if the CJ had decided to take sides.

So has CJ taken sides? Listening to the tone, language & drift of Maraga’s lecture the only phrase missing is NASA HAO! TIBIN! & TIALALA!

– William Samoei Ruto (@WilliamsRuto) September 19, 2017

Ruto’s attack did not however auger well with some Kenyans who urged him to respect the court regardless of his opinion on the outcome of the presidential petition.

Narc Kenya leader Martha Karua who is challenging the election of her political rival Anne Waiguru as Kirinyaga Governor said in response that respect for institutions should transcend the misgivings people may have against individuals heading them.

A judge is a judge even when they rule against you!

– Martha Karua (@MarthaKarua) September 19, 2017

In a quick rejoinder to Karua, Kikuyu legislator Kimani Ichung’wah accused Maraga of openly exhibiting his bias in the political contest between Jubilee Party and NASA, saying some of the judicial officers needed to own up to their mistakes.

our institutions are run by human beings therefore are as imperfect as human beings ! These are the systems we have chosen let’s respect.

– Martha Karua (@MarthaKarua) September 19, 2017

Then they shouldn’t act like they are small gods.They have exhibited their biased & should own up.We respected but disagreed with them.

– KIMANI ICHUNG’WAH (@KIMANIICHUNGWAH) September 19, 2017

In his remarks on Tuesday, the CJ said the Judiciary and its officers were prepared to pay the ultimate price in protecting the Constitution, saying they will not be intimidated.

“On our part, we’re prepared to pay the ultimate price to protect the Constitution and the rule of law,” he said flanked by JSC members who included Deputy Chief Justice Philomena Mwilu, Justice Mohamed Warsame, as well as Commissioners Prof Tom Ojienda, Emily Ominde and Mercy Mwara Deche.

“Since the Supreme Court delivered the judgment on the 2017 Presidential Election Petition on September 1, 2017, these attacks have become even more aggressive, culminating in lengthy uninterrupted demonstrations right outside the Supreme Court Building,” the CJ noted.

Maraga also criticised the Inspector General of National Police Service (NPS), Joseph Boinnet, accusing him of ignoring requests to beef up the security of judges, the courts, and litigants.

“JSC notes with dismay that the IG who is expected to provide security to all Government facilities has repeatedly ignored calls to act, exposing judicial officers, property, and litigants to danger,” he claimed.

Boinnet’s office however countered the accusation saying all judicial officers had police bodyguards attached to them, their residences as well as their courts.

“The truth of the matter is that all judges have police bodyguards attached to them and their residences,” NPS Spokesperson George Kinoti stated in a press release Tuesday evening.

“We also provide security to all courthouses and as the situation demands in some circumstances we enhance security to ensure that courthouses and judicial officer are secure,” he added.

Diplomats Call for Peace Amid Election Date Uncertainty

By Davis Ayega

Nairobi — Diplomats on Tuesday appealed to political leaders and citizens to desist from negative rhetoric and actions that may plunge the country into a political turmoil ahead of the repeat presidential election which seems uncertain due to the strict timelines and demands from the Opposition.

In a joint statement, the heads of missions said unwarranted baseless attacks levelled against independent institutions like the Judiciary and IEBC risk undermining the prevalence of peace in the country.

“There have been unfounded attacks on individuals and institutions, for instance on the Judiciary and the IEBC. While we support freedom of speech, baseless attacks and lies must stop and leaders on all sides should work to ensure they do,” read part of the statement.

The ambassadors also urged the relevant authorities to move with speed and act proactively in controlling and bringing to book the perpetrators found propagating hate speech messages.

“We urge the Kenyan authorities to hold to account those responsible for hate speech and incitement and to ensure the safety of those wrongly attacked,” read the statement.

The statement comes a day after a petition was filed at the Judicial Service Commission seeking the removal of Deputy Chief Justice Philomena Mwilu and Justice Isaac Lenaola over alleged misconduct during the hearing of Raila Odinga’s petition.

The heads of mission led by Ambassador of United States to Kenya, Robert Godec further assured the Independent Electoral and Boundaries Commission (IEBC) of their full support even as they prepare to ensure the irregularities and illegalities witnessed in the August 8 poll as pronounced by the Supreme Court do not recur.

Kenya

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

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Jubilee MPs Open to Conditional Change of Election Date

By Laban Wanambisi

Nairobi — A section of Jubilee Party (JP) on Tuesday said they are amenable to a change of the election date so long as it does not affect the national examination dates.

This comes as the Independent Electoral and Boundaries Commission (IEBC) has convened a meeting between the Jubilee and National Super Alliance (NASA) teams Wednesday to brief them on the preparedness for the fresh presidential election even as the October 17 date remains in doubt.

The MPs led by National Assembly Deputy Majority Whip Cecily Mbarire (nominated) said they will attend the meeting which their colleagues in NASA have ruled out until its demands are met.

“Jubilee (Party) will be at IEBC discussing matters we find very critical for this election to go on; we want to say any election date must not affect the exam time-table for our children. Our children have been preparing for the last one year; they are ready to do their exams… We cannot have elections happening at the same time as exams,” she said.

Among the list of demands by NASA is the blacklisting of the French biometric systems supplier OT-Morpho which it claims bribed its way to get the lucrative results transmission tender and should be held accountable for the bungled August 8 presidential election.

OT-Morpho provided 45,000 tablets for identifying voters using biometric technology and the system used to transmit results counted at polling stations as well as a scan of the paper sheet from each station.

Delays in transmission of the tally sheets was an irregularity NASA raised in its petition to the Supreme Court.

National Assembly Majority Whip Benjamin Washiali (Mumias East) and Kikuyu MP Kimani Ichungwah accused opposition leader Raila Odinga, and his National Super Alliance (NASA) party of fearing fresh presidential elections.

They said the ruling party was ready for the elections in 60 days as ordered by the Supreme Court and promised to give Odinga a trouncing.

At the same time, Jubilee Party Women MPs have called on Chief Justice David Maraga to probe allegations that two Supreme Court judges breached the Judicial Service Commission’s core values of conduct during the NASA petition proceedings to nullify the August 8 presidential election.

The legislators led by Nyandarua County Representative Wanjiku Muhoho said Maraga as the President of the Supreme Court of Kenya and Chairperson of the JSC should take the matter seriously.

“We ask you to look into your own kitchen, look into something that is burning within your institution. We hope you will smell it sooner than later and act before it suffocates the entire nation,” she said in a letter to the CJ.

This comes a day after a petition was filed at the Commission seeking the investigation and removal from office of Deputy Chief Justice Philomena Mwilu and Justice Isaac Lenaola over allegations they were in contact with members of the NASA Presidential candidate Raila Odinga during the period the Court was hearing the Presidential petition challenging Uhuru Kenyatta’s August 8 victory.

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 »

Genocide – Burundians Pinned in Ntaganzwa Trial

By Elisee Mpirwa

The Specialised Chamber for International Crimes at the High Court Tuesday proceeded with the trial of Genocide suspect Ladislas Ntaganzwa where prosecution laid out accounts from witnesses.

Prosecution, represented by Faustin Nkusi, said they have on record witness accounts saying they saw Ntaganzwa commanding a mob that included Burundian refugees, which killed over 20,000 Tutsi at Cyahinda Parish in the former Nyakizu commune, now in Nyaruguru District, in 1994

Ntaganzwa was extradited to Rwanda in March 2016 following his arrest in DR Congo, on an indictment issued by the International Criminal Tribunal for Rwanda (ICTR).

Among other charges, he is accused of participating in genocide, public incitement to commit genocide, extermination, murder and rape as crime against humanity.

Nkusi said that witnesses say that Ntaganzwa was often times during the Genocide seen in the company of policemen and militiamen brandishing guns.

They said Ntaganzwa, in the company of the Burundian refugees on April 18, 1994, marched onto the compound of the Cyahinda Catholic Church where the tens of thousands of Tutsi had sought refuge.

They killed them.

During the 1994 Genocide against the Tutsi, thousands of Burundian nationals were in the country, mainly in southern Rwanda, having fled skirmishes in their own country.

Other witnesses told prosecution that Ntaganzwa organised and coordinated killings and rape against women at various places and roadblocks in his home area mainly at Musumba, Ryabidandi and Coko.

The presiding judge, Antoine Muhima, adjourned the court to October 2 to continue with submissions from the prosecution before the suspect can start presenting his defence.

Ntaganzwa, a former Bourgmestre (mayor) of Nyakizu Commune, now in Nyaruguru District, was one of nine Genocide masterminds who were indicted by the ICTR but had not yet been arrested by the time the UN court closed shop.

His file was subsequently transferred to Rwandan prosecution.

He was one of the Genocide suspects under the Reward for Justice Programme of the US Government with a $5 million bounty each.

Rwanda

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Supreme Court to Make Full Judgement on Poll Petition Case

By Sam Kiplagat

The Supreme Court will tomorrow issue the full judgment on the petition that led to the nullification of the August 8 presidential election.

In a notification on Tuesday, lawyers representing various parties in the case were informed that the decision would be delivered from 10am.

FRESH POLL

In a majority decision, the court nullified the re-election of President Uhuru Kenyatta, citing irregularities and illegalities in the transmission of results.

Chief Justice David Maraga, DCJ Philomena Mwilu, Justices Smokin Wanjala and Isaac Lenaola nullified the presidential election on September 1 and ordered the Independent Electoral and Boundaries Commission (IEBC) to conduct a fresh poll within 60 days as per the Constitution.

The IEBC has already set October 17 as the date of the repeat poll but uncertainty is mounting on the date.

PETITIONS

The National Super Alliance (Nasa) has said there will be no repeat election unless some changes are made at the commission.

At the Supreme Court, two judges — Justices JB Ojwang and Njoki Ndungu— dissented the petition filed by Nasa leader Raila Odinga and will also render their opinions tomorrow.

According to Mr Odinga’s petition, the poll conducted by IEBC failed to meet the threshold set in the Constitution, the Elections Act and other election laws.

The judgment will be rendered amid petitions seeking the removal of Chief Justice David Maraga, his Deputy Philomena Mwilu and Justice Isaac Lenaola.

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 »

Sudan: New Cholera Cases in Central Darfur and Sennar, Hepatitis in Blue Nile

Zalingei / El Souki / Ed Damazin — Seven new cholera cases were recorded in the camps for the displaced near Zalingei, capital of Central Darfur, over the weekend. The isolation centre in Nierteti received four new patients. Cholera is spreading again in eastern Sudan’s Sennar. Hundreds of people have reportedly been infected with Hepatitis B in Blue Nile state’s Geissan.

El Shafee Abdallah, Coordinator of the Central Darfur camps for the displaced told Radio Dabanga that two new cases of cholera were recorded in Khamsa Dagayeg camp on Friday, and five in Hamidiya camp on Friday and Saturday.

The number of cholera patients being treated at the isolation centre of the Zalingei Royal Hospital reached 13 on Sunday.

A medical source reported to this station from Nierteti on Sunday that the isolation unit of the Nierteti Hospital recorded four new cases of cholera over the weekend. “Three patients come from Nierteti, while the fourth came from the camp for the displaced north of the town”.

There are currently ten people being treated for cholera at the isolation ward of Nierteti Hospital, he said.

Sennar

The hospital of El Souki received eight new cholera patients over the weekend.

A pregnant woman in her seventh month died of the infectious disease on Sunday, a medical doctor reported to this station.

He said more cases are expected to reach the hospital, “because of the easy transmission of infection and the deterioration of the environment “.

Hepatitis

At least 400 people have been infected with hepatitis B in Village 10 in Geissan locality in the south-east of Blue Nile state.

A doctor in El Damazin, capital of Blue Nile state, called on the residents of Geissan to exercise caution to prevent infection with hepatitis B.

Sudan

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Ssematimba Confirmed as MP

Photo: Daily Monitor

Peter Ssematimba (file photo)

By Godfrey Ssali

Uganda’s Court of Appeal has confirmed NRM’s Peter Sematimba as the validly elected MP of Busiro South constituency in Wakiso district.

Three Justices, including out-going deputy Chief Justice Steven Kavuma, Catherine Bamugemereire and Cheborion Barishaki overturned the High Court’s decision by Justice Lydia Mugambe that had nullified Sematimba’s election on grounds of lack of the requisite academic qualifications.

The Court of Appeal on Monday faulted Justice Mugamba for misdirecting herself on the law regarding issuance of certificates of equivalence by National Council of Higher Education (NICHE) and reaching a wrong conclusion of cancelling Sematimba’s “A’level certificate.”

The justices also noted that Justice Mugambe had no right to interfere with NICHE’s work since the certificate of equivalence it issued to Sematimba, was subject to thorough consultation by UNEB.

The court ruled that Justice Mugambe reluctantly rejected the evidence of Sematimba’s classmates which proved that he indeed studied and obtained a Diploma in Electronic and Computer Techinology from Pacific Coast Techinical Institute in USA, before it closed in 1989.

The justices therefore ruled that DP’s Stephen Ssekigozi failed to discharge his burden of proving that Ssematimba’s academic documents are forged.

The court allowed Sematimba’s appeal and ordered that Ssekigozi pays the MP costs both in the High Court and in the Court of Appeal.

Ssekigozi, is a brother to the immediate former MP of the are, Julius Balikuddembe Mutebi who succeeded their father Patrick Musisi following his death in the 7th Parliament.

Sematimba, a veteran radio presenter and chairperson of the National Association of Broadcasters (NAB) won the February 2016 hotly contested elections, whose result was later nullified. In the election then, Ssekigozi was second and NBS television’s Simon Kaggwa Njala was third.

LIVE: Peter Sematimba ruling https://t.co/qFuyvsxtpj pic.twitter.com/b7DBePlkBC — The Independent (@UGIndependent) September 18, 2017

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