Re: [wanabidii] Vetting Board finds five High Court judges unfit to serve

Nice one eeh!

May the Almighty God help Tanzania to get a replica of Dr. Mutunga to save our legal fratenity and our dear motherland.
So help us God.

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On Fri, Jan 11, 2013 9:07 AM PST Judy Miriga wrote:

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>Folks,
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>When Noah built the Ark, through wisdom God informed him to prepare and inform
>the world and he was burdented to take responsibility and lead everyone safely.
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>Today, Evil has engalfed the world and people must be prepared for Reform against
>the wicked.
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>Threshold for Responsibility and Integrity for Reform Change is here and CJ Mutunga
>has done Kenyans proud. It is Congratulation to him for playing wise and all people
>of good intentions must join with him. No one will be too powerful to weigh down the
>Reform Change and no amount of killings will stop reform from taking its full circle to
>change the evil of corruption.
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>Judy Miriga
>Diaspora Spokesperson
>Executive Director
>Confederation Council Foundation for Africa Inc.,
>USA
>http://socioeconomicforum50.blogspot.com
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>Vetting Board finds five High Court judges unfit to serve
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>Updated Saturday, December 22 2012 at 00:00 GMT+3
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>By ISAIAH LUCHELI
>Five judges have been found unsuitable to continue serving in the High Court by the Judges and Magistrates Vetting Board.
>The board found Judges Nicholas Ombija, Mary Ang'awa, Murigi Mugo, Joseph Sergon and Leonard Njagi unfit to continue serving as High Court judges.
>The panel also cleared 25 judges after concluding the vetting while the fate of Supreme Court Judge Mohamed Ibrahim, Appeal Court judge Roseline Nambuye and High Court judges Joyce Khaminwa, Abida Ali Aroni and Mary Kasango would be known in January.
>The board chairman Sharad Rao said they would commence vetting of 351 magistrates in January after Parliament amended the Vetting Act, which restored powers to vet the judicial officers to the board and called on the public to submit information on the officers. Justice Njagi's tenure as the principal of the Kenya School of Law came back to haunt him after the Ethics and Anti-Corruption Commission (EACC) claimed that he illegally transferred land and acquired a house belonging to the institution.
>The judge defended himself saying a man forced him at gun point to sign off the property but the board ruled that failure to disclose the matter for more than 10 years confirmed that he did not have the mettle to decide cases without fear or favour.
>Justice Ombija who is remembered for his brave ruling that ordered for the arrest of Sudan President Omar Al-Bashir was accused of refusing to disqualify himself from a case involving a bank he had acted for while in private practice.
>He also faced accusations of sexual harassment of an advocate, temperament, unfairness and a third complaint related to a land transaction which the Law Society of Kenya sought to set aside on public interest grounds. The judge denied the allegations however, the board concluded that his temperament displaced his many good qualities.
>In Ang'awa's determination, the board found the judge unsuitable to continue serving over her style and conduct which the panel termed as unbecoming. The board had received many complaints against the judge but narrowed down on two, one launched by an advocate based in Eldoret and a doctor who claimed that Ang'awa disrespected him when he went to give evidence as an expert witness.
>The doctor alleged that when he went to court without a formal suit the judge openly criticised his dressing which greatly embarrassed him. He further claimed that Ang'awa kept him in court for long period after completing his evidence.
>The judge had confirmed the allegations and defended her action but the board declared that she lacked remorse and capacity for retrospection and her conduct went beyond common practice.
>"The conduct by the judge to keep the doctor waiting for over six hours and the desire to demonstrate the power she wields as a judge was unbecoming and disrespectful of parties appearing before courts," read the verdict in part.
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>Is Lanet Baracks in Kabarnet a No Go Zone, icon DANGER?
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>Kabuga could be hiding in Lanet Baracks in Kabarnet. Has anyone tried to look him up there? He has a flourishing Bus Transporatation business booming in Kenya and Kimunya and Moi should be put to serious question. A lot is happening in Kenya and Kenya require an urgent overhaul revolution to fish bad people out to face the law and this cannot wait. Moi, Kibaki, Njiru and Kimunya need to appear before ICC Hague for clearance!!!
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>Kabuga mystery and all the other ghosts of the past that haunt Kenya
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>Posted Monday, July 9, 2012 | By MACHARIA GAITHO
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>I don't know why anybody would be surprised that one of the most wanted men in the world should have found safe refuge in Kenya.
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>I expressed the hope early on after President Kibaki succeeded President Moi that we were going to witness a sea-change and not merely an exchange of one set of thieves for another. My optimism, and that of millions of Kenyans, proved misplaced.
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>The Kibaki administration made a lot of noise initially about zero-tolerance approach to corruption and all that. But then it very happily inherited nearly everything that was dirty from the kleptocratic Moi regime.
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>It inherited the Goldenberg, Anglo-Leasing and associated scandals by which powerful nabobs lined their pockets at the expense of you and me.
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>It also inherited mutually beneficial links with the money-men out of Somalia who acted as financiers and bankers for terrorism, and we are now paying the price.
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>The Kibaki administration also inherited one Felicien Kabuga, a man responsible for human butchery in Rwanda on a grand scale and who might well have had a few tips to offer on how to exterminate human beings like cockroaches.
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>The full story on how the mass murderer was offered refuge in Kenya is still to be told, but I was quite surprised to learn that his blood-stained self may have been in the country as recently as 2009.
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>That is because I have always had this theory that Kabuga's protectors may have dispatched him to his maker when he became too much of a liability with the change of guard in 2003.
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>One of the big puzzles about the Kabuga story has always been the January 2003 killing of freelance journalist and FBI informant, Michael Munuhe.
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>A fellow with close links to a Moi-era permanent secretary believed to protect Kabuga, Munuhe was found dead in his room just before he led American FBI agents to the Rwandan genocidaire.
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>Kenyan CID investigators assigned to manage the cover-up neglected to explain the origin of the large amounts of blood all over Munuhe's room.
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>If the blood was not Munuhe's, whose was it? My own theory was that it could very well have been Kabuga's, who may have become unwanted excess baggage at the time of transition to a new regime.
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>Of course, this may be a fanciful theory, but the more important thing is that there are people in the Kibaki administration who know where Kabuga is, or can at least provide information on how he was sheltered here under the Moi regime and what happened afterwards.
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>But nobody will betray those confidences because they are all co-conspirators. And the real tragedy is that even when I look at the whole galaxy of charlatans tripping over each other's feet in the race to succeed President Kibaki, all I see is a bunch of fellows who differ only on whose turn it is to occupy State House, whose turn it is to eat.
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>Most would happily jump into bed with Kabuga if he promised some votes or bagfuls of cash. None of the candidates so far persuades me that he or she offers transformational leadership and full-speed ahead for a sputtering reform process.
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>Just this weekend, Prime Minister Raila Odinga seemed to be busy wooing ex-President Moi while in the same breath has was extolling his reformist credentials.
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>As he talked reform, his chief cheerleader parroting the same words happened to be one Henry Kosgey, a holdover from the Moi regime, who seems to have the opposite of the Midas Touch.
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>Former Sunday Nation insurance columnist, the late Greg Mwangi, once wrote that Mr Kosgey must be a genius. His take was that it could only be a very clever man who could bring down a giant like the Kenya National Assurance Company with the speed seen under Mr Kosgey's watch.
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>The man Mr Odinga is relying on to lead his campaign against the William Ruto juggernaut in the northern Rift Valley represents another face of the impunity and wilful destruction prevalent under the Moi era.
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>If Mr Odinga wants to project himself as the face of reform, he must choose his friends and allies very carefully.
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>mgaitho@ke.nationmedia.com
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>UN condemns 'inhumane' Tana violence
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>Kibusu villagers and an armed security officer at the scene where houses were torched by suspected Orma raiders January 10, 2013. 11 people died during the early morning attack. The United Nations has condemned the "inhumane acts of violence" in the Tana Delta. GIDEON MAUNDU
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>By AGGREY MUTAMBO amutambo@ke.nationmedia.com
>Posted Thursday, January 10 2013 at 17:02
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>The United Nations has condemned the "inhumane acts of violence" in the Tana Delta and urged Kenyans to sue for peace ahead of the next General Election.
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>The UN Resident Humanitarian Coordinator in Nairobi Modibo Toure said the skirmishes in Tana River County needs to be contained and urged the government to act with speed to quell the loss of lives.
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>Mr Modibo said the UN and other international agencies "acknowledge the local peace and response efforts and the humanitarian assistance being provided to the affected communities" but said there was a need to determine the cause of the clashes.
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>"The United Nations would like to convey its condolences to the Government of Kenya, families and relatives of the communities affected by the current insecurity resulting from violent clashes in Tana River and other parts of the country," he said in a statement Thursday.
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>"We would like to express our continued willingness to provide additional assistance in support of the Government and other humanitarian actors on the ground."
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>Eleven people were killed on Wednesday morning following fresh fighting between Pokomo and Orma communities in the troubled Delta. Residents said suspected Pokomo raiders attacked Nduru Village in the morning killing six Ormas. The Ormas regrouped and killed five of the attackers.
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>On Thursday, another eleven people were killed in Kibusu village of Tana River County in what authorities said was a revenge attack.
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>The area has seen frequent violent attacks between the two communities since September last year. More than 200 people have been killed in the retaliatory violence in the past two months.
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>The Kenya Red Cross says at least 112, 000 people have been displaced since the violence began. The violence has continued unabated despite the government deploying nearly 2,000 police officers in the area.
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>On Thursday, the UN warned the violence could affect the next General Election if it is not tamed early.
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>"In the run up to the March 2013 elections, the United Nations would like to urge Kenyans to exercise their democratic rights in a peaceful manner with respect for the rights and dignity of all concerned."
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>Kenya frustrating justice, says ICC chief prosecutor
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>International Criminal Court (ICC) Chief Prosecutor Fatou Bensouda addressing the press at Serena Hotel, Nairobi on October 22, 2012. Photo/BILLY MUTAI NATION MEDIA GROUP
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>By BENARD NAMUNANE bnamunane@ke.nationmedia.com ANd DAVE OPIYO dopiyo@ke.nationmedia.com
>Posted Thursday, January 10 2013 at 00:29
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>In Summary
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>Court official says she may be compelled to seek other nations' help in forcing Kenya's hand
>Hague prosecutor tells court that she has been denied access to witnesses such as MP Kapondi and PCs who served in clash areas and says she isn't allowed to see suspects' wealth declaration forms or intelligence reports
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>The Hague chief prosecutor Fatou Bensouda may be forced to seek assistance from foreign countries to compel Kenya to give the court access to government officers and security agents.
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>This would affect those who were in charge of post-election violence hotspots.
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>Ms Bensouda gave the strongest signal yet on Wednesday night as she submitted her evidence and list of witnesses to the International Criminal Court Judges that she has gathered against four Kenyans who are facing charges of crimes against humanity.
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>She however concealed the names of witnesses and crucial evidence for the safety of those intended to testify against Deputy Prime Minister Uhuru Kenyatta, Eldoret North MP William Ruto, former Head of Civil Service Francis Muthaura and radio journalist Joshua arap Sang.
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>Failure to cooperate
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>"In her submissions, she accused the government of failing to cooperate with the ICC by not giving access to Provincial Commissioners and Police Chiefs who were in charge of areas which were hit most by the post-election chaos.
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>Consequently, she indicated to the Trial Judges that she may amend her list of witnesses and evidence against the four suspects in future if the Kenya government agrees to give her access to the officers.
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>"The prosecution hereby gives notice to the Chamber that in future, it may seek leave to amend the list of witnesses and or the list of evidence pursuant to the requirements of Regulation 35(2) of the Regulations of the Court if it obtains certain materials that it seeks to tender into evidence or succeeds in securing cooperation of certain witnesses that it has identified that it wishes to interview," says the Prosecutor.
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>"These materials and or persons are the subject of certain governmental and or institutional restrictions for which the Prosecution has requested cooperation from a number of states pursuant to their co-operation obligations under Part 9 of the Statute, but which have not yet been received," she goes on.
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>Sources said the government has blocked the ICC from accessing wealth declarations of the suspects, freezing their accounts and reports of the National Security Intelligence Service at the time of the post election violence.
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>Attorney General Prof Githu Muigai is said to have required the ICC team to make formal applications to access the said records with a requirement that it will take a Cabinet approval for The Hague investigation to access NSIS reports.
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>Ms Bensouda was also said to have requested to interview Mt Elgon MP Fred Kapondi who chairs the Parliamentary Committee on Security but Prof Muigai reportedly told the ICC Prosecutor that the MP had the last decision
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>on whether he wanted to be interviewed or not.
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>Faced with such challenges in a case that she is determined to prove that Mr Kenyatta, Mr Ruto, Mr Muthaura and Mr Sang bore the greatest responsibility, the ICC prosecutor appears to be ready to seek the assistance of foreign countries and agencies to gain access to the witnesses and evidence.
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>Sources from the legal teams of the suspects said Ms Bensouda could approach the US, Britain, the US Agency for International Development, the Danish Development Agency and locally, the Kenya Red Cross who were greatly involved during the post election violence.
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>"The Prosecution may also address the Chamber, when and if necessary, pursuant to Articles 93(1)(l) and 64(6)(b) of the Rome Statute, to obtain a request to one or more States Parties to provide assistance with respect to facilitating access to the above mentioned persons and materials or requiring witnesses' attendance before the Court," said Ms Bensouda.
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>However, she hastily stated that talks to gain access to the individuals and the evidence with the government of Kenya are at an advanced stage.
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>"The Prosecution has already approached several State parties, including the government of Kenya, in order to gain access to such individuals and materials. Discussions regarding the terms and conditions of such access are still ongoing," she went on.
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>Media houses
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>Apart from the PC and the PPOs Ms Bensouda will also seek the permission of media houses to use the video recordings in their libraries to prove that the violence was organised by a distinct group targeting civilians.
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>She also wants to be allowed to gain access to medical records of some of the victims in public hospitals in areas which were hit most by the violence.
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>Ms Bensouda said in the case involving Mr Ruto and Mr Sang, the prosecution estimates that it will require approximately 826 hours of court time to question 43 witnesses and three experts and expects that the defence will also require the same time.
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>For the second case, involving Mr Ruto and Mr Muthaura, she expects to spend 572 hours questioning 31 witnesses and three experts.
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>"The hours estimated do not however include time that the Chamber may grant to the Office of Public Counsel for Victims or the common legal representative to question prosecution witnesses, or time that the Chamber may use to question witnesses," she said.
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>Questions raised as police impound IEBC election material
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>Related News
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>Tension high as three killed amid campaigns
>Party elections should be democratic and peaceful
>Athletics Kenya elections date set
>For how long will hope inspire presidential race?
>SHARE THIS STORY
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>Updated 11 hrs 29 mins ago
>By GEOFFREY MOSOKU
>Nairobi, Kenya: Security concerns are being raised on election materials after Administration Police officers in Nairobi on Tuesday evening impounded thousands of bags belonging to the Independent Elections and Boundary Commission (IEBC) that were being rebranded from a private house.
>The bags were part of a Sh80 million tender awarded to a private firm by the Independent Elections and Boundaries Commission (IEBC) for supply and delivery of election materials.
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>The director of the firm was unable to explain to security agents why he was transferring material from a government warehouse to a private residence, with inadequate security, to rebrand them with just 54 days to the General Election. The bags in question are issued to clerks recruited by the electoral body to carry election materials. The APs from Utawala police post were holding the suspect cache of more than 200,000 bags that were being offloaded from a lorry to a private residence under construction in the area.
>The police officers from the nearby Utawala police post said they had noticed suspicious movements when the lorry had delivered the first batch and returned with another batch.
>On inquiring what the lorry was carrying, it turned out to be the bags with the logo of IIEC, the predecessor of IEBC.
>A Mr Omondi who arrived at the scene moments after the bags were impounded explained to the police that IEBC had awarded him a tender to re-brand 279,100 bags at a cost of Sh13.9 million. He gave the police the documents to show he had won the tender and an LPO to supply them but could not provide documents authorising the movement and re-branding of the bags.
>According to the documents given to the police, Omondi's company, Hopeland Advertising and Design Limited, was given the tender to supply various materials to IEBC; which include 36,000 polling station banners, 580 constituency Tallying Centre banners, 94 county tallying centre banners, two national tallying centre banners and the rebranding of the IEBC bags. The cost of the entire tender is quoted as Sh79,971,800.
>However, police were not convinced with the documents and asked him to provide other letters allowing him to rebrand the bags since the tender letter and the LPO provided were not enough to prove legitimate ownership of the bags.
>By Wednesday, the cops were still holding the vehicle at the scene and were yet to ascertain if the documents provided by the owner of the house were genuine.
>According to Austin Otieno of Hopeland Limited, there was nothing sinister in the bags being transferred from Government warehouse in Industrial Area to the private residence.
>"You can verify from the documents that were procedural in transferring those bags from the Government ware house to the area. We opted to use that property which is owned by Omondi since there is space," Otieno who identified himself as an administrator of Hopeland told The Standard on phone.
>In the backdrop of this latest development, IEBC chair Isaack Hassan had Wednesday assured President Kibaki that the everything was set for the March 4 polls.
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>The Head of State also assured that security would be given priority and the Government would mobilise officers from all State security agencies to ensure a secure and peaceful election. In this regard, a meeting will be held between the IEBC, the National Police Service and Provincial Administration to discuss security development during the polls.
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>ICC tightens Uhuru, Ruto murder charges
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>Wife's attempt to smuggle bhang
>Imposter PPO freed on Sh4 million bail
>Bensouda set to nail four Kenyan suspects facing Hague trials
>ICC gets new witnesses on Kiambaa killings
>Updated Wednesday, January 09 2013 at 16:18 GMT+3
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>DPM Uhuru Kenyatta and former Head of Civil Service, Francis Muthaura at The ICC during the confirmation of charges, in 2012. [Photo: File/Standard]
>By Evelyn Kwamboka
>KENYA: The ICC Prosecutor now says she has additional incriminating evidence sufficient to sustain murder charges against Mr Uhuru Kenyatta, Mr William Ruto and two other Kenyan suspects.
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>The enhanced murder charges were contained in updated documents of charges prepared by Gambia-born Fatou Bensouda on the serious crimes against humanity facing the four Kenyans.
>The new document reasserts alleged meetings held at State House, Nairobi, with Uhuru playing the central role in planning the revenge attacks witnessed in Naivasha.
>As for Ruto who the prosecutor saddles with the Kiambaa church killings in Eldoret, the Prosecutor introduces a new list of alleged accomplices he was supposed to have worked with in mobilising, coordinating and commanding the killings in the Rift Valley.
>Key among the names is that of Industrialisation minister and Tinderet MP Henry Kosgey, who initially the prosecution sought to have indicted alongside the four, before he was let off for lack of evidence that the judges felt would sustain trial.
>Also listed as Ruto's accomplices, though not for purposes of being charged by to show the depth of alleged planning and execution of a 'common plan' with military precision, are four senior former security officials from the Rift Valley.
>They are two former military generals, John Koech and Augustine Cheruiyot, as well as former GSU and presidential service Commandant Samson Cherambos, who incidentally was one of the witnesses Ruto took to The Hague during pre-trial stage in a bid to clear his own name.
>Also mentioned along this line is former international athlete killed in the clashes, Lucas Sang, as well as Mount Elgon MP Fred Kapondi.
>Also listed as an accomplice is a renowned businessman and big-time farmer in Eldoret, Mr Jackson Kibor, a former ally of Ruto who was at first charged in a Kenyan court with the violence, but the charges were later dropped.
>In her documents Bensouda outlined the kind of weaponry, strategies adopted to corner the targets of violence, the locations of attacks, and the manner in which the victims were executed as well as how the assaults were carried out and communication among perpetrators conveyed, to anchor the enhanced count she wants them charged with.
>The evidence supporting murder charges during the 2007-2008 post-election violence, she made clear; also apply for the counts facing former Head of Civil Service Francis Muthaura, who is charged alongside Uhuru, and Kass FM's head of operations Mr Joshua Arap Sang, who shares his charges with Ruto.
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>It now means that Uhuru, who is the Jubilee alliance presidential candidate, and Ruto who is his running mate, will have to put up a bigger fight to extricate themselves from the cases that will start shortly after the March 4 elections, and on the day of a runoff if there will be one.
>The additional evidence against Uhuru, who like the other three suspects, has denied he played a role in mobilising arming, coordinating and paying the two sets of attackers, is linked to six specific murders in which guns were used in Naivasha.
>Ruto is also alleged to have been behind the murder at Nandi Hills where three people were killed as a result of petrol bombs. The attackers in Nandi Hills also allegedly used bows and arrows during the election violence according to the new evidence.
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>Bensouda says the additional evidence will convince the Pre-Trial Chamber to confirm the murder charges touching on those two areas.
>"The prosecution respectfully informs the Chamber that since the confirmation hearing, the prosecution has obtained additional evidence to substantiate this factual allegation," she said in her submissions.
>Accordingly, the prosecution intends to apply to the Pre-Trial Chamber to include the allegation touching on the murders to the court.
>The new evidence on the Naivasha killings shows that victims were shot and their bodies mutilated to conceal gunshot wounds.
>If the Pre-Trial Chamber judges confirm the alleged claims, the prosecution will have no option but to seek the Trial Chamber's permission to re-insert that charge.
>Bensouda said the application was aimed at properly putting the defence team on notice. The prosecutor said that in the event she does not seek confirmation of the additional evidence, the prosecution might seek to lead the evidence during trial.
>The latest twist comes following the Trial Chamber's decision to order the prosecution to remove the claims on six victims who were allegedly killed by gunshot wounds from the murder charge against Uhuru and Muthaura.
>The evidence was also expunged over the three murders allegedly committed through Ruto and Sang's support in Nandi Hills town-ship.
>Bensouda argues that Uhuru and Muthaura committed murder and forcibly transferred the population by allegedly adopting the common plan to commit widespread and systematic attacks in retaliation against perceived Orange Democratic Movement supporters in Naivasha and Nakuru.
>They are also alleged to have established links with the outlawed Mungiki sect and secured support and services for President Kibaki's Party of National Unity and making use of existing outlawed Mungiki sect structures by establishing a localised level of subordinates among PNU politicians.
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>The document filed at the ICC court on January 5 further indicates that this allowed them maximum control over the attacks.
>"Kenyatta and Muthaura participated in multiple meetings at State House in Nairobi on December 30, 2007 and about January 3, 2008 at the Nairobi Club," says the updated document.
>The meetings were allegedly held to activate the Mungiki and pro-PNU youths by placing the organisation under their central authority and to implement a common plan.
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>Uhuru and Muthaura allegedly committed the crimes against humanity by soliciting the support and contribution of local politicians and businessmen, providing funds and weapons to direct perpetrators.
>Lawyers defending Muthaura countered allegations that he instructed the police not to interfere with attacks in Rift valley.
>The prosecution claims Mungiki and PNU youth were deployed in various parts of Nakuru where targeted communities were attacked using petrol bombs, knives, machetes and guns.
>The prosecution claims in the document that the attackers shot their victims between January 24 and 27, 2008 and mutilated their bodies to conceal gunshot wounds in areas such as Kaptembwa, Sewege, Ponda Mali, Barut and Kapkures.
>"From on or about January 27 to 28, 2008, Muthaura and Kenyatta committed, jointly with each other and through members of the Mungiki group and pro-PNU youth, crime against humanity of the murder of civilians perceived to be supporters of ODM," Bensouda stated.
>Within that period, the prosecution said at least 23 victims were killed, including 13 children, in Naivasha.
>It was in Nakuru that Mungiki and pro-PNU youth went from house to house rounding up and forcibly circumcising men from one community using pangas and broken bottles.
>"Six people were treated at the Provincial General Hospital of Nakuru for traumatic circumcision," charges Bensouda.
>According to the prosecution, Rift Valley suffered the biggest brunt of the violence with 700 deaths and 400,000 forcible transfers of the population recorded.
>Ruto and Sang's defence counsel are to grapple with claims that between 2006 to January 2008, their clients, along with others, planned to forcibly evict from the province members of three communities that were perceived to be PNU supporters.
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>This they were to allegedly do in a bid to have the region vote as a bloc in future general elections.
>"Ruto and Sang knew that their conduct was part of, or intended for their conduct to be part of, a widespread or systematic attack," she charges.
>"Perpetrators armed with arrows and machetes attacked Langas on January 1, 2008," she stated.
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>MPs award themselves Sh9m send off perk
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>Life of Tenth Parliament comes to an end
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>Updated 1 hrs 40 mins ago
>By Peter Opiyo
>NAIROBI; KENYA: MPs engaged in yet another nocturnal conspiracy to hand themselves hefty gratuity payment of Sh9.3 million each.
>They also lavished President Kibaki with a sweetheart retirement deal handing him Sh12.6 million lump sum pay. On top of this, the President would get Sh560,000 monthly pension, an entertainment allowance of Sh105,000 and Sh161,000 house allowance. The President earns a monthly basic salary of Sh700,000.
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>Also to benefit are Vice President Kalonzo Musyoka, Speaker Kenneth Marende and his Deputy Farah Maalim, Prime Minister Raila Odinga and his deputies Uhuru Kenyatta and Musalia Mudavadi.
>In the gravy train, are heads of Security Forces, the Attorney General, the Chief Justice and his Deputy and Secretary to the Cabinet.
>Worryingly, the MPs reinstated the Sh9.3 gratuity payment rejected by President Kibaki just less than a month ago. The gratuity had been contained in amendments to the Finance Bill 2012 but the MPs sneaked it in another Bill, The Retirement Benefits (Deputy President and Designated State Officers) Bill 2012.
>All eyes would now be on the President as the deal can only be executed if he assents to the two Bills- Presidential Retirement Benefits (Amendment) Bill and The Retirement Benefits (Deputy President and Designated State Officers) Bill 2012.
>Calculated to cover all the 224 MPs, the taxpayer would cough at least Sh2 billion to pamper the legislators.
>Coming with the package is one armed security guard, diplomatic passport for both the MP and the spouse, access to VIP lounge at all airports within Kenya and a maintenance expense for all.
>Finance Minister Robinson Githae sneaked the amendments on Wednesday night to hand the MPs the package. Curiously, the amendments were not printed on the Order Paper and was only hinted at by Githae on the floor and endorsed without any reference to their contents.
>The package is arrived at by calculating at 31 per cent of the MPs' basic pay of Sh200,000 per month from the time they were sworn in on January 15, 2008 up to August 26, 2010.
>Thereafter, they would benefit from 31 per cent of their gross pay of Sh851,000 as severance pay from August 27, 2010 until January 14, 2013 when their term expires.
>Also to benefit from the pay are the retired Speakers of the National Assembly and Senate and their deputies, the Prime Minister, the Vice President, the Deputy Prime Ministers, Chief Justice and their Deputies, Chief of Defence Force, Director of National Intelligence Service, Secretary to the Cabinet, Inspector General of Police and the Director of Public Prosecutions.
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>According to the Bill, the retired Speakers, Deputy Presidents and Chief Justice would get a monthly pension of 80 per cent of their monthly salary, a monthly house allowance of 15 per cent of their salary and lump-sum pay equal to one and a half years' salary payable for each term served.
>This means the Speaker and VP who earn a monthly basic pay of Sh300,000 would get a monthly pension of Sh240,000, a house allowance of Sh45,000 and a lump sum of Sh5.4 million each.
>PM and his deputies, deputy Speakers, Deputy CJ, the Attorney General, Chief of Defence Forces, Secretary to the Cabinet, Inspector General of Police, Director of NIS and DPP would have their monthly pension calculated at 35 per cent of their monthly pay, a house allowance of 15 per cent of their salary and a lump-sum payment equal to one year's pay for every term served.
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>Also going to the President would be a fuel allowance of Sh105,000 and Sh161,000 as electricity, water and telephone allowance.
>The President would also enjoy a full medical and hospital cover, both locally and abroad. This would also cover the spouse and his children aged below 18 years.
>According to the The Presidential Retirement Benefits (Amendment) Bill, 2012, passed by Parliament, retired Presidents would also be entitled to two personal assistants, four secretaries, four messengers and four drivers.
>The retired President would also be entitled to a maximum of six guards for personal escort and a maximum of six security guards stationed both at his urban and rural residences. Two cooks, two housekeepers, two gardeners, two laundry persons and four house cleaners.
>Also in the Presidential package to be footed by the taxpayer are office maintenance, maintenance expenses of vehicles, diplomatic passport, local travel, international travel allowance of up to four trips in a year, not exceeding two weeks each. The retired President would also be allowed access to VIP lounge to all airports within Kenya.
>
>
>CJ shuffles Judges
>
>
>
>
>Related News
>
>Judiciary reshuffle list
>Chief dies mysteriously in guest house
>It is right that chiefs will be retained under new devolved government
>Chiefs arrested after gunman flees
>SHARE THIS STORY
>January 10th 2013
>Updated 5 hrs 35 mins ago
>By Beatrice Obwocha
>NAIROBI, KENYA: Chief Justice Willy Mutunga on Thursday reshuffled judges and decentralised the Court of Appeal to three towns in a bid to ease backlog of cases.
>The Court of Appeal will now permanently sit in Kisumu, Nyeri and Mombasa.
>
>
>Dr Mutunga also announced the appointment of five new heads of High Court divisions as well as resident judges for six stations across the country to replace those appointed to the Court of Appeal.
>In the changes, Mutunga announced that three Court of Appeal Judges will sit in Mombasa, saying they will be based in Malindi where the judiciary has an ultra-modern building.
>Appellate judges posted to Mombasa are Justice Alnashir Visram, Justice Asike Makhandia and Justice Prof Otieno Odek.
>Court of Appeal judges who will serve in Kisumu are Justices Daniel Maraga, Fatuma Sichale, Sankale Ole Kantai and Festus Azangalala.
>Appellate Judges Martha Koome, John Mwera, Patrick Kiage Mohammed Warsame have been posted to Nyeri.
>Mutunga left 16 judges at the Court of Appeal in Nairobi. They area Justices Erastus Githinji, Onyango Otieno, Kihara Kariuki, Wanjiru Karanja, Roselyne Nambuye, Kalpana Rawal, GBM Kariuki, Daniel Musinga, Philomena Mwilu, William Ouko, Agnes Murgor, Kathurima M'inoti, Stephen Kairu, Jamila Mohammed, Hannah Okwengu and Philip Waki.
>Dr Mutunga also appointed Justice Prof Joel Ngugi as acting director of the Judiciary Training Institute in addition to his role as the Head of the Judiciary Transformation Secretariat.
>The CJ also appointed new heads of High Court divisions.
>Justice Luka Kimaru has been appointed to Head the Family division, Justice Isaac Lenaola is in charge of Constitutional Division while Justice Msagha Mbogholi, who is the Principal Judge of the High Court, will be in charge of the Criminal division.
>Justice Pauline Nyamweya has been appointed to head the Land and Environment division, Justice Weldon Korir heads the Judicial Review Division while Justice Hatari Waweru will be in charge of Civil Division.
>
>Commercial and Admiralty Division will be headed by Justice George Kanyi Kimondo while Industrial Court head is Justice Mathews Nderi Nduma.
>The CJ said it was necessary to reorganise operations in the Judiciary in order to ensure continued access to and expeditious delivery of justice
>"The recent appointment of eight High Court judges to the Court of Appeal, as well as determinations by the Judges and Magistrates Vetting Board, have created capacity constraints in the Judiciary," he said.
>
>
>He also announced that the Court of Appeal will meet on February 18 to elect their President as well as pick their representative to the Judicial Service Commission.
>
>
>HIGH COURT/ INDUSTRIAL COURT/ LAND & ENVIRONMENT COURT
>COURT OF APPEAL
>I Malindi
>
>1. Justice Alnashir Visram
>2. Justice Asike Makhandia
>3. Justice Prof Otieno Odek
>II. Kisumu
>4. Justice Daniel Maraga
>5. Justice Fatuma Sichale
>6. Justice Sankale Ole Kantai
>7. Justice Festus Azangalala
>III. Nyeri
>8. Justice Martha Koome
>
>21. Justice William Ouko
>22. Justice Agnes Murgor
>23. Justice Kathurima M'inoti
>24. Justice Stephen Kairu
>25. Justice Jamila Mohammed
>26. Justice Hannah Okwengu – On Study Leave
>27. Justice Philip Waki – On Sabbatical Leave
>I Criminal Division
>1. Justice Msagha Mbogholi – Principal Judge of the High Court
>2. Justice Fred Ochieng
>3. Justice Florence Muchemi
>4. Justice Lydia Achode
>5. Justice Roseline Korir
>II. Family Division
>1. Justice Luka Kimaru – Head
>2. Justice Musyoka William Musya
>III. Land & Environment Division
>1. Justice Pauline Nyamweya – Head
>2. Justice Lucy Nyambura Gacheru
>3. Justice John Mutungi
>4. Justice Mary Muthoni Gichumbi
>IV. Judicial Review Division
>1. Justice Weldon Korir -- Head
>2. Justice George Odunga
>V. Civil Division
>1. Justice Hatari Waweru – Head
>2. Justice David Onyancha
>3. Justice Rose Ougo
>VI. Commercial & Admiralty Division
>
>1. Justice George Kanyi Kimondo – Head
>2. Justice Eric Ogolla
>3. Justice Jonathan Havelock
>4. Justice Alfred Mabeya
>5. Justice Jacqueline Kamau
>VII. Constitutional Division
>1. Justice Isaac Lenaola – Head
>2. Justice Mumbi Ngugi
>3. Justice David Majanja
>
>VIII. Industrial Court
>1. Justice Mathews Nderi Nduma – Principal Judge
>2. Justice Monica Mbaru
>3. Justice Marete Njagi
>4. Justice Maurine Onyango
>5. Justice James Rika
>6. Justice Linet Ndolo
>7. Justice Nzioki wa Makau
>IX. Mombasa
>1. Justice Maureen Odero – Resident Judge
>2. Justice Mary Kasango (On study leave)
>3. Justice Richard Mwongo
>4. Justice Grace Nzioka
>5. Justice Martin Muya Mati
>6. Justice Francis Tuiyot
>7. Justice Edward Muriithi
>8. Justice Samwel Mukunya – Land & Environment
>9. Justice Stephen Radido -- Industrial
>10. Justice Onesmus Ndumbuthi Makau – Industrial
>X. Nakuru
>1. Justice Mathew Emukule – Resident judge
>2. Justice Abigail Mshila
>3. Justice Lucy Waithaka – Land & Environment
>XI. Eldoret
>1. Justice Hellen Omondi – Resident Judge
>2. Justice Grace Ngenye
>3. Justice Silas Munyao – Land & Environment
>XII. Kisumu
>1. Justice Abida Ali-Aroni – Resident Judge
>2. Justice Hilary Chemitei
>3. Justice Anthony Kaniaru– Land & Environment
>4. Justice Hellen Wasilwa – Industrial
>XIII. Kisii
>1. Justice Ruth Sitati – Resident Judge
>2. Justice Aggrey Muchelule
>3. Justice Samson Okong'o – Land & Environment
>XIV. Kitale
>1. Justice Joseph Karanja – Resident Judge
>2. Justice Elija Obaga – Land & Environment
>XV. Machakos
>1. Justice Lilian Mutende – Resident Judge
>2. Justice Beatrice Jaden
>XVI. Busia
>1. Justice Roselyn Wendo – Resident Judge
>2. Justice Stephen Kibunja – Land & Environment
>XVII. Kakamega
>1. Justice Said Chitembwe – Resident Judge
>2. Justice George Dulu
>XVIII. Kerugoya
>1. Justice Cecilia Githua – Resident Judge
>2. Justice Boaz Olao – Land & Environment
>XIX. Meru
>1. Justice Muga Apondi – Resident Judge
>2. Justice Jessie Lesiit
>3. Justice Aaron Makau
>4. Justice Peter Muchoki Njoroge – Land & Environment
>XX. Homa Bay
>1. Justice Esther Nyambura Maina – Resident Judge
>XXI. Bungoma
>1. Justice Francis Gikonyo – Resident Judge
>2. Justice Anne Omollo – Land & Environment
>
>XXII. Malindi
>1. Justice Christine Meoli – Resident Judge
>2. Justice Oscar Angote – Land & Environment
>XXIII. Nyeri
>1. Justice James Wakiaga – Resident Judge
>2. Justice Byram Ongaya – Industrial
>3. Justice Jorum Abuodha -- Industrial
>4. Justice Anthony Obwayo – Land & Environment
>XXIV. Garissa
>Justice Stella Mutuku – Resident Judge
>XXV. Embu
>Justice Hedwig Ong'undi – Resident Judge
>XXVI. Murang'a
>Justice Jairus Ngaah – Resident Judge
>XXVII. Kericho
>Justice James Mutava – Resident Judge
>XXVIII. Head, Judiciary Transformation Secretariat/ Ag. Director, Judiciary Training Institute
>Justice Joel Ngugi
>
>
>
>Imposter PPO rearrested moments after release
>
>
>
>
>Related News
>
>Kibaki pledges to support police
>Conversations with a policeman and the making of fake cops
>Police impostor arrested in car theft incident
>Reservist killed, other injured in bandit attack
>SHARE THIS STORY
>
>Updated 5 hrs 33 mins ago
>By Antony Gitonga
>Naivasha, Kenya: The ongoing police imposter soap-opera continued after CID officers thwarted efforts to release the suspect Joshua Waiganjo on bond.
>
>Hours after a Naivasha court released him on a Sh4m bond, officers from Nyeri CID headquarters moved in to have the suspect rearrested.
>
>The officers led by Nyeri deputy DCIO David Makau arrived at the Naivasha law courts with a warrant of arrest from a Nyeri court.
>
>Making an application before Naivasha Resident Magistrate Seline Muchingi, the officers wanted the accused transferred to Nyeri.
>
>According to the Chief Inspector Mike Muya who led the prosecution, Waiganjo was wanted in Nyeri for absconding court proceedings.
>
>Muya told the court that the accused was in 2010 charged with obtaining through false pretense and personating but went missing before the case could be concluded.
>
>The magistrate, however, overruled this noting that the accused needed time to inform his lawyers on the new development.
>
>The resident magistrate directed that the matter be handled by Naivasha Senior Principal Magistrate Esther Boke on January 15, 2013.
>
>On Wednesday, Boke released Waiganjo on a Sh4m bond and three sureties of the same after he was charged with twelve counts.
>
>The accused was charged with four counts of robbery with violence along the Nairobi-Nakuru highway.
>
>He was charged of violently robbing Francis Ng'ang'a and Dismas Mwangi off a lorry, cash and personal effects valued over Sh4m on the 17th of August, 2012 in Kikopey.
>
>The third and fourth charges stated that on the 24th of August 2012 in Keroche along the Nairobi-Naivasha highway, he robbed David Mwai and Francis Mwangi of cash and property valued at Sh222,000.
>
>He faced four other charges of being in possession of police informs in his Gilgil and Njoro homes which he had obtained illegally.
>
>The accused denied all the counts and the case will come up for hearing on the 23rd of January 2013.
>
>
>
>Dead woman included in party members' list
>
>
>
>
>
>
>
>PHOTO | EMMA NZIOKA Staff members of The National Alliance party's registration unit keying in information from forms at TNA headquarters. A random check by Nation staffers revealed that several were registered as members of various political partiers without their consent. NATION MEDIA GROUP
>By PETER LEFTIE pmutibo@ke.nationmedia.com AND SAMUEL KARANJA samkache@gmail.com
>Posted Wednesday, January 9 2013 at 00:30
>
>In Summary
>
>Ms Lydia Wairimu Gichuba, who died on January 19 last year, is among scores of Kenyans registered as members without their knowledge, raising serious concerns about the authenticity of the lists submitted to the Registrar of Political Parties
>A random check by Nation staffers revealed that several were registered as members of various political partiers without their consent
>In a letter to Registrar Lucy Ndungu, Nation Media Group called for immediate investigations into the matter
>
>
>A dead woman and several Nation journalists are among scores of Kenyans who have been registered as members of political parties without their knowledge.
>
>Ms Lydia Wairimu Gichuba, who died on January 19 last year, is among scores of Kenyans registered as members without their knowledge, raising serious concerns about the authenticity of the lists submitted to the Registrar of Political Parties.
>
>Nyeri resident Benjamin Gachagua was shocked to discover Ms Gichuba's particulars on The National Alliance (TNA) members' list while checking his status on the Independent Electoral and Boundaries Commission (IEBC) website on Tuesday.
>
>A random check by Nation staffers revealed that several were registered as members of various political partiers without their consent.
>
>They include senior editors Macharia Gaitho, Eric Shimoli and Njeri Rugene, who are listed as members of URP and TNA.
>
>Other journalists who found their names on the registers of parties they never joined include Citizen TV senior editor Alex Chamwada.
>
>In a letter to Registrar Lucy Ndungu, Nation Media Group called for immediate investigations into the matter.
>
>"We would be grateful if you could investigate this and request the political party to confirm their records as to the exact identities of the membership and if necessary delete the names of the above-mentioned employees form their register," read the letter, signed by NMG legal officer Sekou Owino.
>
>"The concern from our said employees is that the appearance of their names as registered members of a political party without their respective approval is not only fraudulent but also carries professional risk to themselves," he said.
>
>Contacted, Ms Ndung'u said she had written to several political parties directing them to correct any such anomalies.
>
>The Political Parties Act gives the registrar power to deregister a party which obtains its registration fraudulently.
> 
> 
> 
> 
>
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