|Written By:Margaret Kalekye, Posted: Thu, Sep 29, 2011|
A journalist charged with murdering his wife, former NTV reporter has been released on bail pending his trial.
Moses Dola was released on a cash bail of Sh 1 million and ordered to report to Criminal Investigation Department headquarters every month.
Moses Dola last week pleaded with High Court Judge Nicholas Ombija to give him bail saying, keeping him behind bars has deprived him his parental rights guaranteed under the constitution.
However the state counsel said Dola has no right to demand access to the child because he killed the mother and took away the maternal right from their two-year-old son.
State lawyer Catherine Mwaniki had urged the judge to deny Dola bail because he is a flight risk and may interfere with witnesses.
She said if Dola is set free, he will inflict fear on their former house help who is the key witness in the case.
Dola has been charged with the murder of former NTV reporter Wambui Kabiru. He is accused of killing Wambui on the night of May 1 at their house in Umoja Estate.
Dola went into hiding after her body was discovered on their bed by neighbors but he turned himself in at the Naivasha Police station three days later.
He has been in custody since May 4 2011.
Meanwhile, Jennifer Ng’ang’a who allegedly sold Ms Jennifer Wanjiru Ng’ang’a, 52, said to be the seller of illicit brew that claimed nine lives in Ruiru has been charged with 8 counts of murder.
BY NZAU MUSAU
DEPUTY Prime Minister Uhuru Kenyatta turned the tables on the ODM and Prime Minister Raila Odinga at the ICC yesterday accusing them of planting the seeds of the post-election violence before the December 27, 2007 election. Uhuru who took the stand as his own witness underwent a meticulous cross examination by his lawyer Steven Kay in which he said he left the ODM movement after noting that it was bent on violence and Raila was not helping matters.
Cross-examined by Chief Prosecutor Luis Moreno Ocampo, Uhuru said Raila bore political responsibility for the violence as he was the ODM party leader and did not stop the inflammatory statements coming from his party members and officials before and after the violence began. “I believe he who bears responsibility is the leader.
He could have given direction. He was the flag bearer,” Uhuru said in response to Ocampo’s question on the role of the ODM Pentagon which included Raila, William Ruto, Najib Balala, Charity Ngilu and Joseph Nyaga and Musalia Mudavadi. Uhuru testified to his own character as a peacemaker and narrated how he had conceded defeat even before the final results were announced in the 2002 election.
He said he was under great pressure not to concede defeat but that he did so to stave off budding tensions and avoid “crowds marching into State House to take over.” “There was a feeling amongst us that the direction the movement was taking was that of tensions among the many ethnic groups. This was the feeling among those of us coming from Kanu whose vision since independence is centered on unity of all Kenyans,” he told the court.
Uhuru said that although Majimbo which the ODM party professed means federalism, majority of the ODM supporters at the grassroots had interpreted it to mean that certain regions belonged to certain communities. He said that is why he feared the policy during the 2007 election. He said he was opposed to the policy because he felt the country was moving towards greater regional integration and therefore the only decentralisation that was needed was of a fiscal nature to open up all areas of the country to economic development.
He said Kanu’s national executive council resolved that the party should ditch ODM and support President Kibaki’s nascent PNU. However some of the Kanu members opted to support ODM. “Not all Kanu members left, some remained and Kanu sort of split up.” He said that prior to the elections, ODM bigwigs were quoted all over the media claiming there was a plot to rig the elections and calling for mass action to violently reject the results of the presidential elections.
He denied that he held meetings at Blue Post Hotel in Thika and other hotels in November 2007 to plot the violence. He however conceded that he could have been at some of the venues indicated as he, like many other party leaders, was forced to hold meetings outside party headquarters due to the chaos caused by the nominations. He was however categorical that he never held any meeting with any politicians or Mungiki leaders at Yaya Centre as Ocampo has claimed. He admitted visiting the Yaya Centre shopping mall with his wife and children and said he did not know whether there were offices there.
Uhuru denied meeting with Mungiki leaders on November 25 2007 at State House. He said on that day, there was a youth rally held in Uhuru Park and attended by President Kibaki. He said that he went home immediately after the rally as he was tired after campaigning in Bomet earlier in the day.
Uhuru denied Ocampo’s claims that he attended yet another meeting with Mungiki at State House the next day,November 26,2007. According to Ocampo, Head of Civil Service Francis Muthaura and leaders of the Mungiki also attended. Uhuru has said the meeting was for the youth to present their charter to the president. “I did not attend any meeting with Mungiki at State House on that date or any other date. The State House event was organized by the “Kibaki Tena” group and Kanu only had one representative there in the name of Badi Ali,” he said.
He said from the clip played by the defence of the State House youth event, he could only recognize Ali and the current deputy ambassador to UN Habitat, Yvonne Khamati who was part of his campaign team. Uhuru said on November 26 when he is alleged to have been at State House with Mungiki leaders, he was at the KICC attending a PNU event which he recalled was ‘marred with confusion and had to be abandoned.”
Uhuru distanced himself from the Mungiki and denied being a member of the sect. He said the sect’s support for his 2002 presidential bid was “unsolicited” and played a clip showing sect members burning his effigy and denouncing him for betraying them. He said he had throughout his political career denounced the Mungiki because of their criminal activities. He claimed the sect members had burnt his effigy as they blamed him for a state crackdown on sect members.
Questioned by Ocampo, Uhuru said he had no idea why sect members would want to implicate him in connection with the post election violence. He vehemently denied suggestions by Ocampo that Kanu had switched to Mungiki for support after loosing out on ethnic politics. This was a suggestion that was contained in an article authored in the early 200s by Prof Peter Kagwanja whom he describe as an employee and advisor of the PNU and not his advisor.
“Only the author of the article Prof Kagwanja can explain. Their (Mungiki) support was unsolicited and in fact they did not offer it. When they sought our party’s candidacy we rejected them. We rejected Maina Njenga and Ndura Waruinge because we did not want to be associated with them,” he said.
By JEFFREY GETTLEMAN
Published: September 30, 2011
NAIROBI, Kenya — Intense fighting erupted along the Kenya-Somalia border on Friday as the Shabab militant group tried to take back a slice of strategic territory from militias allied with the Somali government. At the same time, Shabab fighters are breaking up camps for victims of Somalia’s famine, sending tens of thousands of starving people straight back into drought-stricken areas.
The Shabab militants say they will provide enough food to tide people over until the next harvest, expected around January, and some of the people who recently left seemed content with the initial rations of rice, sugar, powdered milk and oil that they had been given. But many aid officials worry that the famine victims are going to soon find themselves in a bleak and barren environment once back in their home villages and that dispersing them will complicate an already strained aid effort.
“This is a nightmare,” said a United Nations official who asked not to be identified because he was criticizing the Shabab and feared reprisals. “It has been hard enough to access famine victims in Shabab areas, and now that the people have been scattered, that means more checkpoints, more local authorities to deal with, more negotiations.”
It seems that the Shabab, which has lost several chunks of territory in the past few months, is regrouping to some degree. In August, Shabab leaders pulled hundreds of fighters out of Mogadishu, Somalia’s capital, calling it a strategic withdrawal, though it seemed more of an acknowledgement that their mostly young and inexperienced troops could no longer go toe-to-toe with a better armed and trained African Union peacekeeping force. The African Union has 9,000 soldiers in Mogadishu to support Somalia’s Transitional Federal Government, whose own army is weak and fragmented.
But in recent days, witnesses have reported hundreds of Shabab fighters heading south toward Somalia’s border with Kenya. The border area is controlled by a fractious group of warlords and militias who get covert support from Kenya and Ethiopia and are nominally loyal toward Somalia’s transitional government. On Friday morning before dawn, Shabab forces struck Dhobley, a market town jointly controlled by an Islamist warlord and a French-educated intellectual who is trying to form his own mini-state called Azania, an ancient Greek name for the Horn of Africa.
According to Adan Adar, Somalia program director for the American Refugee Committee, a private aid group that assists feeding centers in Dhobley, the Shabab attacked from several different directions, and all sides suffered casualties.
“It was a big fight,” Mr. Adan said. “And it’s likely to impact humanitarian operations because there are many feeding centers in Dhobley.”
By midafternoon on Friday, witnesses said that the Shabab fighters had been repulsed and that the Kenyan military was poised to get involved should the Shabab try again to take Dhobley. The town is only a few miles away from the border with Kenya and Kenyan officials are increasingly concerned that the Shabab, a vehemently anti-Western group that has pledged allegiance to Al Qaeda, might attack inside Kenya.
A Kenyan security official interviewed Friday said that he had just been sent to the border and that hundreds of Kenyan soldiers and police officers were preparing to enter Somalia. Residents in the area reported seeing Kenyan fighter planes and helicopters flying over Dhobley, though Kenyan officials have thus far been careful not to directly engage in Somalia’s internal fighting — or at least not to allow such activities to be made public.
The Shabab controls much of the southern third of Somalia, which has been hit by a famine caused by drought and war. The United Nations says that tens of thousands of people, mostly children, have already died and that 750,000 urgently need food and could starve to death in the next few months if aid efforts are not rapidly scaled up. The Shabab has blocked most large Western aid agencies from operating in its areas, and in a few places, the group’s fighters have set up their own camps to feed starving people who have fled drought zones, sometimes even forcing people to stay in their camps.
But last week, the group abruptly announced that it was closing several of its camps, and Shabab fighters began ordering tens of thousands of people to return to their farms to plant crops before the rainy season starts, which should be in a few weeks. The Shabab called it a “resettlement program,” and the picture was mixed about how well this was going.
In Buurhakaba, a midsize town that the Shabab controls, residents said that after the Shabab closed down the camp there, many people decided to flee all the way to Kenya.
“There is no way for people to return home because back there, there’s nothing to eat,” Sultan Said, a resident of Buurhakaba, said by telephone.
But, he added, there had not been much food anyway in the Shabab-run camps because the Shabab fighters had been stealing it.
“They’re starving too,” Mr. Sultan said.
In Baidoa, a bigger Shabab-controlled town, some people who had sought help in the Shabab-run camps said the fighters had given them enough food to survive until the harvest. The International Committee of the Red Cross and Unicef have been able to distribute life-saving food in some Shabab areas, and both organizations say that despite difficulties, they have been reaching more people in recent weeks.
One destitute farmer who spoke by telephone from a village about 50 miles outside of Baidoa said that he had been living in a Shabab-run camp in Baidoa for two months and that the militants had treated him and his five children fine. When the Shabab decided to shut down the camp about a week ago, he said, nobody protested and the Shabab provided sacks of food and rides by truck back to the camp residents’ home villages.
“If it rains, we’ll be O.K., if it doesn’t, there will be famine,” the man said, adding that he did not like or dislike the Shabab.
But at the end of the interview, the man pleaded not to be identified, saying the Shabab does not allow people to talk to newspapers.
|Written By:KBC reporter, Posted: Fri, Sep 30, 2011|
Eight people including Water Minister Charity Ngilu’s son-in-law and an Assistant minister’s husband were Friday morning arraigned before a Nairobi court over corruption charges.
The suspects, who include Ngilu’s son-in-law Billy Indeche and Tourism assistant minister Cecily Mbarire’s husband Dennis Apaa, denied defrauding the Water ministry of Sh 26 million and were released on bond.
They faced charges of conspiracy to defraud, violation of procurement and fraudulent acquisition of public property among others.
Their co-accused are: Lawrence Simitu, Isaiah Amwanzo Benjamin, Samuel Aluoch Otieno, Robert Mati, Joseph Mucuku and Mwagambo Mwangombe.
Principal Magistrate Lucy Nyambura also issued summons to their co-accused Lawrence Nguniko who was not in court.
Mwanzo, Aluoch, Indeche and Apaa were released on a cash bail of Sh 2 million, while Mati, Mutuku and Mwanome were released on a cash bail of Sh 1 million and a surety of similar amount.
Apaa and Indeche are accused of committing an economic crime by jointly conspiring to defraud the Water Ministry of 26 million shillings purporting to qualify for a tender to sink five boreholes in Machakos and Makueni districts under the emergency drought mitigation programme.
The two are associated with Broad Vision Utilities, a company that has been under investigations over fraud allegations at the Water Ministry.
Their prosecution was recommended by the Ethic and Anti-Corruption Commission (EACC) the successor of the Kenya Anti-Corruption commission and approved by the Director of Public Prosecutions, Keriako Tobiko early this week.
The DPP also instructed the EACC to carry out further investigations against Water Minister Charity Ngilu over related corruption allegations.
Tobiko said the evidence produced by the EACC was not sufficient to put her on trial.
Mbarire and her husband were the subject of an alleged sting operation in August led by former KACC Director Patruck Lumumba in which he claimed the duo had tried to bribe him to influence investigations at the Water Ministry.
Mbarire denied the allegations leveled against her and her husband and sued Lumumba for defamation of character.
29 September 2011
Kenya’s deputy prime minister has denied claims that he orchestrated violence after the 2007 election, in a preliminary hearing at the International Criminal Court (ICC).
Uhuru Kenyatta told judges in The Hague that crucial parts of the prosecution’s evidence were wrong.
He wants the case dismissed before the ICC brings him to trial.
More than 1,200 people were killed and 600,000 fled their homes in weeks of unrest after the 2007 election.
The violence began as clashes between supporters of the two rival presidential candidates – Raila Odinga and Mwai Kibaki.
But it snowballed into a bloody round of score settling and communal violence.
Mr Kenyatta, a supporter of Mr Kibaki, is accused of organising a campaign of violence including murder and rape against Odinga supporters.
Kibaki allies in 2007
- Uhuru Kenyatta, deputy PM and finance minister
- Francis Kirimi Muthaura, secretary to the cabinet
- Mohammed Hussein Ali, former police chief
Odinga allies in 2007
- Henry Kosgey, former minister for industrialisation
- William Ruto, former education minister
- Joshua Arap Sang, radio executive
Prosecutors say he met members of a secretive criminal organisation known as Mungiki at a shopping mall in Nairobi before the election in 2007 to arrange some of the attacks.
“Your honours, that event never happened,” he told judges.
He said he would never hold any kind of meeting at the centre.
“That is where [my wife] does her shopping,” he said.
Mr Kenyatta, the son of the country’s first President Jomo Kenyatta, is hoping to stand in next year’s presidential poll.
He is accused of crimes against humanity including murder, rape and forced displacement.
Two other senior Kibaki supporters face similar allegations.
Three supporters of Mr Odinga face claims that they organised attacks on Kibaki supporters.
They all deny the allegations.
Analysts say Mr Kenyatta’s testimony could be crucial in deciding the fate of all six men.
Kenya’s government has been lobbying for the cases to be dropped – a position endorsed in February by the African Union.
Mr Kibaki was eventually declared the winner of the election, and is serving his second term as president. Mr Odinga was installed as prime minister.
BY SUSAN MUHINDI
A warrant of arrest has been issued against former President Moi’s son Philip Kipchirchir for failing to comply with a court order to deposit Sh2.7 million in a maintenance suit filed by his estranged wife Rosanna Pluda Moi. The warrant was issued by Justice Wanjiru Karanja after the order issued last week.
Philip risks spending 30 days in civil jail and having his property attached. The warrant was signed by the deputy registrar of the High Court. Philip’s lawyer Evans Ondieki claimed that his client had deposited Sh60,000 as maintenance fee in favour of Rosanna. The money, deposited with Rosanna’s lawyer Judy Thongori, is way below the amount Philip was directed to deposit within seven days.
Philip had by Tuesday deposited Sh60,000 into the account of Judy Thongori and Company Advocates. He had earlier deposited the money in the wrong account. The warrant commands the police to “arrest the said Philip Kipchirchir Moi and bring him before this court with convenient speed. You are further required to return this warrant to this court executed or unexecuted giving the reasons as to why the same has not been executed.”
Philip’s troubles emanate from a suit that Rosanna filed in 2008 demanding maintenance for herself and their children. In a May 24 2010 ruling, Justice Roselyne Nambuye ordered Philip to pay Rosanna an outstanding amount of Sh2.7 million and a monthly upkeep of Sh250,000 for her and their children and alternatively Sh150,000 a month when the children were not with her.
After he failed to pay, Rosanna went back to court in August this year. Justice Karanja issued an order that Philip should pay the money or go to jail. Philip sought temporary orders to stop Rosanna from demanding the money claiming it was more than Rosanna used to get when they were living together. He claimed that Rosanna used to maintain herself.
The court rejected Philip’s claim that he was unable to meet his obligations due to “financial tribulations”. He did not provide details of his wealth as requested by the court. The court ruled that the “valuable information” would have helped it reach its decision. Rosanna subsequently went to court to compel Philip to show cause why he should not be committed to civil jail and why his property should not be attached for failing to pay.
Philip said he was unable to pay the outstanding Sh2.7 million within the stipulated time because he was sick. But the judge insisted he pay the full amount within seven days or go to jail. “I ask the court to forgive me because the divorce has caused me a lot of distress, anxiety and trauma and I do not wish to suffer any more on matters arising from these proceedings,” Philip said in an affidavit.
In an application seeking to lift the arrest warrant, Philip said the arrest orders contravened the constitution which outlaws inhuman and degrading treatment. He said the court should have listened to his side of the story. “The decision was so drastic without taking into account that I have been paying the amount that I am able to raise during these economic difficulties which are beyond my contemplation,” he said.
Rosanna has previously told the court that Philip was a man of means. She provided the court with a list of properties she believed he owns and which include a large house in Muthaiga; a house with a swimming pool in Nakuru standing on 350 acres of farmland, a building in Riverside, Nairobi, and a beach house on eight acres at Watamu.
Rosanna said her husband also held several foreign bank accounts and had recently sold an oil factory on 11 acres in Nairobi’s Industrial Area. She said Philip was able to pay fees in expensive schools for their children. Philip denied he is wealthy and claimed he was struggling to survive with the help of friends. He said his only income is a paltry pension he receives as a retired army officer.
3 acres of a beautiful agricultural land that’s walking distance from a tarmac road (Keumbu – Igare main road) is for sale.
This is a productive piece of property with mature tea plants occupying about 2.5 acres. There are also about 30 Grevillea trees on the farm.
The property with all the development is priced to sell at a reduced price of KShs. 4 million or the best offer. Serious inquiries should be made to Mzee Oira: firstname.lastname@example.org
BY DOMINIC WABALA
Judith Achieng Odoyo, 30, appeared in a Malaysian court on September 22 but was not allowed to plead to the charges of drug trafficking which carries a mandatory death sentence on conviction. Judith, who has been a student at a Nairobi college and doubled as a sales girl, is reportedly a resident of Outer Ring Road in Nairobi.
She was arrested at Kota Kinabalu International Airport with 5.064kg of amphetamine, which is worth USD475,950 (Sh48.5 million). Judith, who did not have her lawyer present, was found with the drugs when she was searched on arrival at the airport on September 13. She is scheduled to appear in court again on October 19 for the mention of the case when a chemist’s report on the drug will also be presented.
A medical examination conducted on her before she was arraigned in court revealed that the suspect suffers from fibroids. Another Kenyan woman is already serving a life sentence in Malaysia after she was convicted of drug trafficking. Barbara Wambui was arrested at Bangkok’s Suvarnabhumi International Airport in July 2010 with 2.7kg of amphetamine worth Sh19 million concealed in her luggage. Police also found a large sum of money in her luggage. Less than two months later—in September 2010—Nancy Ndungani Kahoya was arrested at the same airport with 3.3kg of amphetamine as she was on transit to Malaysia. She denied the charges.
Thursday, 29 September 2011
A Kenyan who was caught carrying two kilos of cocaine was arrested several minutes after arriving at the Mactan Cebu International Airport from Qatar on Thursday.
Bureau of Customs (BOC) Examiner Calvin Bonaobra identified the international drug courier as Asha Apiano Ogutu, 24, of Nairobi, Kenya.
Bonaobra said the National Bureau of Investigation (NBI) placed Ogutu under surveillance upon her arrival.
He said the K9 was uneasy when it was ordered to sniff Ogutu’s trolley baggage.
Bonaobra said he opened Ogutu’s baggage and found two kilos of prohibited dugs.
BOC Sub-Port of Mactan Collector Paul Alcazaren said he was informed that Dr. Rene Cam of NBI Central Visayas has initially examined powder form items inside Ogutu’s baggage and found it positive of illegal drugs.
District Collector Ronnie Silvestre, meanwhile, said they want to make sure that the Kenyan national will be charged in court and jailed.
Silvestre said they’ve learned a lesson a few months ago when they’ve arrested a Chinese national for trafficking prohibited drugs, which was found positive as cocaine during initial examination by the drug bureau in front of the Cebu media.
However, the drug bureau in Manila declared it negative, freeing the two Chinese nationals. (EOB)
Uhuru Kenyatta’s testimony is crucial to his attempt to have crimes against humanity charges — including murder and rape — dismissed before they go to trial.
Kenyatta— the son of Kenya’s founding president, Jomo Kenyatta — denied allegations that he met with members of a criminal gang called the Mungiki before and after the 2007 election to discuss attacks on supporters of presidential candidate Raila Odinga, who is now prime minister.
Under cross-examination by Prosecutor Luis Moreno-Ocampo, Kenyatta said he considered Odinga “politically responsible” for some of the postelection violence because of “inflammatory remarks” that whipped up anger among his supporters and for failing to rein them in when violence started. Odinga has not been charged with any crimes by ICC prosecutors.
Kenyatta is seen by many as a possible successor to President Mwai Kibaki, when Kibaki’s term ends next year. Kenyatta’s defense lawyers have accused key prosecution witnesses of concocting false evidence and dismissed other prosecution evidence as “gossip and rumor.” They are urging judges to drop the case.
Kenyatta is charged along with two other prominent Kenyans with organizing a campaign of murder, rape and persecution against supporters of Odinga’s Orange Democratic Movement. Three other senior Kenyan leaders also are accused in a separate case of masterminding similar crimes against Kibaki supporters.
Prosecutors say the explosion of violence in late 2007 and early 2008 left more than 1,000 people dead and forced 600,000 from their homes.
The hearing in The Hague is aimed at establishing if the evidence is strong enough to merit sending the suspects to trial.
Kenyatta denied having met Mungiki members at a shopping mall called the Yaya Centre in Nairobi before the election in 2007, as one prosecution witness claims.
“Your honors, that event never happened,” he told judges.
He said he would never hold any kind of meeting at the center. The only time he had been there was with his children and wife, he added. “That is where she does her shopping,” he said.
Kenyatta also denied claims that he was a member of the Mungiki gang.
“I have never been a member of Mungiki,” he told the judges.
Copyright © 2011 The Associated Press.