A Member of the Kirinyaga County Assembly is seeking to have Governor Anne Waiguru removed from office.
Mutira MCA Kinyua Wangui is readying the motion on grounds of what she terms as a gross violation of the Constitution, abuse of office and gross misconduct.
The notice of the motion was signed by the county assembly speaker on Monday evening awaiting the official filing
“The County assembly NOW resolves to remove Hon. Anne Mumbi (herein referred to as the County Governor) from the office of the county governor of Kirinyaga, pursuant to Article 181 (1) (a) & (c) of the Constitution of Kenya 2010, Section 33 of the County Governments Act, 2012 and the County Assembly Standing Order. No 58,” the motion reads.
According to Ms Wangui, the governor has deliberately refused, failed and/or neglected to deliver the same for the financial year 2018- 2019 which failure amounts to a gross violation of the Constitution and the County Government Act.
She further accuses Governor Waiguru of undermining the authority of the County Assembly
The MCA cites Article 176 (1) and 185 (3) and (4) of the Constitution, as read together with Section 8 of the County Government Act, which empowers the County Assembly to legislate and offer oversight as well as approving county plans and policies on the development and management of the County’s infrastructure and institutions.
She states that the Governor is mandated to submit the county plans and policies to the county assembly for approval.
“That the governor’s failure to comply with Section 30 (2) (f), (j) and (k) of the County Government Act 2012 not only undermines the power and the authority of the County assembly to offer oversight and approve various developmental plans but also greatly clogs the wheels of the Wanjiku’s oriented development in Kirinyaga County,” the motion reads.
Governor Waiguru is also on the spot over several tenders that the MCA claims were irregularly awarded.
They include a tender on evaluation report for proposed upgrading of Kagumo market that was prepared on December 20, 2018.
According to the MCA, the tender was awarded to Joames Investment Limited but without following the due process yet the award to Joames Investment limited had not been cancelled.
“The tender was unilaterally undertaken by Master Rock Construction Company whose bid was non- responsive thereby violating the Constitution and the Public Procurement and Assets Disposal Act, 2015 and the regulations therein,” the motion reads.
Another tender listed is one that was to procure the governor’s vehicle at a cost of Ksh.15, 000, 000/= that was allegedly irregularly awarded despite the same having been procured during the previous County Government regime of Joseph Ndathi.
“(This) action amounts to imprudent use of public resources, and in furtherance of the corrupt practices,” the MCA said in the motion.
Waiguru has been at the centre of the controversy surrounding the land as she demanded assurances on how the facility will benefit Kirinyaga residents, particularly in terms of jobs.
Among the Governor’s requests were 30 per cent of manual and non-technical jobs at the facility to be set aside for Kirinyaga residents.
Murango lamented that the project had been held up for too long due to the protracted negotiations between Waiguru and Kemri.
Hogwash, fake, exaggerated, propaganda, mudslinging, nonsensical information; these are just some of the utterances that Ruto and his allies have used in denying the numerous corruption and criminal allegations linked to Deputy President William Ruto. It is not a lie that the Deputy President’s conduct is wanting with even his own office becoming a crime scene in itself. Ruto has become a man utilizing a strategy of seeking sympathy to cover up his criminal activities and nature in order to build up resources, wealth and power critical for his 2022 presidential ambitions. He wants to continually hoodwink Kenyans and even his own people into believing that he is a leader who cares about the plight of Kenyans. It is about ambition and he is ready and has proven beyond reasonable doubt that nothing can stop his 2022 presidential ambition.
A man of scandals, the allegations against him are factual and not fictional. Kenyans were not watching a movie when video clips of how the Sh39 Billion arms scandal unfolded. Those were CCTV footages from the Harambee Annex Office and in some, the late Sergeant Kipyegon Kenei had been edited out. It is not also factual that a meeting was held in Karen with Harambee Annex staff after the late Sergeant went missing. Even with the burial the DP only spoke about himself and his 2022 ambition and nothing on condoling the family.
Meshack Yebei and John Kituyi; two names that were critical at the ICC. The two were set to testify against the Deputy President at the International Criminal Court but never did. Meshack Yebei was murdered and the same fate landed on John Kituyi, a journalist whose life was cut short after publishing a scathing editorial on ICC witness bribery and elimination. This also has similarities with the Kenei murder as he was set to record a statement at the DCI but was murdered before he could do so.
Disguised behind church philanthropic efforts, Ruto has attended numerous church events and is known as a giver. However, why has he never had a fundraiser at Kiambaa Church? The Kiambaa church were among the key evidence areas of the violence the DP instigated. Remember that the one witness, an elderly lady, Elizabeth Wangui died as well, in mysterious circumstances. But being a ‘giver’ why has the Kiambaa Church never been given the attention it deserves by the DP? Wouldn’t this have enabled him to clear his name?
Since the intensification on the war on corruption, a number of individuals have been unmasked but Kenyans have questioned why Ruto is continually supporting corrupt individuals despite the evidence available? Even Waititu who was impeached because of corruption was supported by the DP who insisted that Waititu witnessed. Individuals who have stolen money in billions and billions of shillings including Henry Rotich, Mwangi Kiunjuri, Governor Moses Lenolkual, Aisha Jumwa, Samson Cherargei, Ferdinand Waitiitu and Rashid Echesa are all DP allies and may be among the few Kenyans who might have a clue of where the amounts stolen are hidden.
It is a fact that Deputy President William Ruto is a land grabber. Back in 2013, High Court ordered Deputy President William Ruto on Friday to surrender a 100-acre farm in the lush Rift Valley and pay compensation to a farmer who was an IDP, and indeed Ruto had to pay Sh5 million. Remember children of Langata Primary school got teargassed while protesting grabbing of their playground by Weston Hotel which is also built on land belonging to Kenya Civil Aviation Authority, KCAA. There’s the Murumbi land issue in Taita Taveta, the Kenya Pipeline land scandal in which he was taken to court.
All these allegations are not cooked but backed by evidence some of which is publicly observable. Ruto’s blame game should only be targeted to himself. Because he has brought it to himself. It pains to know the truth it is important that Kenyans know the truth. Ruto must stop the blame game. He only has himself to blame.
Members of Parliament (MPs) want Magistrates who are not married to be locked out of ruling over cases involving children citing inexperience in family matters.
Homa Bay MP Peter Kaluma, who has battled a protracted child support case, is pushing for the changes through the Children’s (Amendment) Bill 2019.
Appearing before the National Assembly Labour and Social Welfare Committee on Thursday, Mr Kaluma said that only magistrates who are married and have the experience to handle family matters should hear cases involving children. “We need people who are mature and have run families; people who are settled and know that every decision they make can destroy the life of a child completely,” he said.
Should unmarried magistrates preside over children’s cases, R Kaluma argues that they must be of the senior cadre.
The lawmaker expressed concern that magistrates have been making unpopular orders that not only work against the interests of the child but also end up adversely affecting the child’s future.
“Some of these weird orders on child custody are issued by these single magistrates who just [recently] graduated from the law school,” Mr. Kaluma said.
The MP gave an example of a case in January where a 10-year-old girl shocked a Mwingi court when she broke into tears as soon as the magistrate ruled in favour of the mother who had deserted her since birth, and against the father who had been her sole parent for over 9 years.
MPs Kullow Malim (Banisa), Ahmed Kolosh (Wajir West), Ibrahim Abdi (Lafey), Rahid Kasssim (Wajir East), Mohammed Hire (Lagdera), Omar Maalim (Mandera East), Bashir Abdullahi (Mandera North) Adan Haji (Mandera West), Hassan Dahiye (Daadab), Ahmed Bashane (Tarbaj) and Aden Keynan (Eldas).
These are Kenyan parliamentarians. State officers who are meant to serve the Kenya populace in their respective areas of representation. State officers who have taken oath to serve the country. State officers who have been duly elected by their constituents.
However, as things come further afloat, Kenyans have started to see the deep espionage mission that the MPs have been embarking on. Quietly and unnoticed to the public eye, these MPs sneaked out of the country unannounced to any of the relevant authorities, neither parliament nor State House, to meet their ultimate bosses – Somalia President Mohamed Abdullahi Farmaajo and Somali’s intelligence boss Fahad Yasin who heads the Somalia National Intelligence and Security Agency, NISA.
This is equitable to treason. With the volatile relationship Kenya had with Somalia and Foreign Affairs trying to resolve the stalemate between the two countries over our maritime borders, what sort of authority do these State officers have?
The 11 MPs met the Somalian President without knowledge or permission from the State. What Kenyans must understand is the link between the Somali President and the 11 MPs vis-à-vis their spy chief Fahad Yasin. Apparently, the issue of clannism (qabiilism in Somali), in their culture and staying loyal to one’s clan has proven to be something of extreme importance in most Cushitic communities. Past and current wars within the Northern region, neighbouring Sudan, Somalia and even Ethiopia have revolved around the issues of clannism.
These 11 MPs belong to Marexaan clan which occupies the regions bordering Northern Kenya, specifically Mandera, and the greater part of Somalia. This is the same clan that the Somali President Mohammed Abdullahi Farmajo and Fahad Yasin are a part of.
Besides this, Fahad Yasin and a section of his leadership are ‘former’ members of the Al-Qaeda affiliate in Somalia, Harakat Shabaab Al-Mujahideen. Interestingly, despite being members, they have on several occasions been incriminated in planning and funding Al-Shabaab operations along the border with Kenya besides.
Additionally, whenever it comes to airstrikes, AFRICOM, the United States Africa Command, have often missed their targets only to discover that NISA has been intentionally giving them wrong coordinates for precision airstrikes in Somalia. The truth of the matter is that once a member takes oath in such a militant group, they are forever partisan to it and must adhere to its agenda.
Back to the meeting, being the greedy MPs that they are, they would not leave the meeting without a token of appreciation; a Sh5 million payout for information received. NISA also facilitated their stay, their travel and the meeting itself. All this was planned in the MPs’ knowledge of a scheduled meeting with President Uhuru Kenyatta on Monday which they also attended and which focused on the issue of insecurity in the region.
Kenyan intelligence reports have indicated that there is an intended takeover of Kenya’s Northern Territory by the Somali government and the leaders being spy agents of the Al-Shabaab, are bound to handomely benefit if their plan goes to their advantage. Periodically, the MPs have been sufficiently fed with security intel for the benefit of their constituents which they have duly demanded but have been spies for President Farmajo and NISA, selling out Kenya’s security plans and making Kenya an easy target for terrorist attacks.
As a result, the country has reported an upsurge of terrorist attacks in different parts of the country despite intelligence being gathered. Some of the attacks noted included the Garissa University attack, the quarry workers attacked in Mandera, bus attacks especially in the areas of Moyale, Mandera and Garissa, the dusitD2 attack, Westgate mall attack, Manda bay attack in Lamu, among other attacks.
Somali President Farmajo has close working links with Kenya and this is even a reason why the maritime dispute arose despite the efforts Kenya has undertaken to bring peace and stability to the region while curtailing terrorist activities of the Al-Shabaab in the country.
Over the series of attacks which have happened in the region, learning institutions have been the target areas, specifically targeting non-local teachers and other non-Muslims. One key thing that Kenyans must understand is the impact of radicalization, which can only take place if teachers can be either Al-Shabaab operatives, its sympathizers and even members.
Curtailing education in the region creates a conducive platform for an injection of sympathizers in form of teachers who will be able to radicalize young children to the doctrine of their Jihadist movement which is centred on destruction of property and killings in order to drive their agenda.
Members of Parliament are State officers and have a responsibility to serve Kenyans and the interests of Kenyans in Kenya as they are representing Kenyans. Therefore, it is not a coincidence that a fight started in Somalia’s Balad Hawo town and spilled over to Mandera town, forcing the residents to flee, right after the ‘Kenyan’ MPs, Somalia’s President Farmajo and Fahad Yasin (NISA) met in Somalia.
Nairobi Governor Mike Sonko has received a temporary relief after the High Court on Monday stopped an impeachment motion against him.
The motion filed by Makongeni Member of County Assembly Peter Imwatok was set to come up for debate in the County Assembly on Tuesday, March 3.
However, judge Byrum Ongaya ruled that the motion shall not proceed until its filed in compliance with the Standing Orders of the County Assembly.
President Uhuru Kenyatta chaired a consultative meeting with the Nairobi City County leadership. Photo/Courtest
“The proposed motion by the MCA for the proposed impeachment as scheduled for Tuesday shall not proceed until due compliance of the standing order number 67 is complied with,” ruled the judge.
Governor Sonko’s lawyer Harrison Kinyanjui welcomed the ruling saying: “the County Assembly Clerk has personally admitted that he has not received the motion or even verified the signatures.”
On Saturday, President Uhuru Kenyatta met Nairobi Members of the County Assembly (MCAs) from all parties at State House, Nairobi.
Out of the 122 Nairobi MCAs, 115 were in attendance in a meeting that focused majorly on the new Nairobi County takeover by the National Government.
At the same event, the President is understood to have asked the MCAs to drop the impeachment motion against Governor Sonko.
The County’s Communications Director, Elkana Jacob, said the MCAs agreed to drop the motion and focus on service delivery as advised.
We can no longer sugarcoat it and we can no longer say we have a judiciary that is mentally sound. Sheer disappointment, malice, injustice and frustration is the quest Kenyans must endure for justice. A quest that is never guaranteed and neither has a time limit.
It is no surprise that no corruption case has been concluded. Even when it comes to issues concerning the whole country, the judiciary is unperturbed, sleeping at its job and only alert with the mention of money and positions.
Zero vetting, zero war on graft and no transparency; the judiciary wants to give appointments on their own terms without any external contributions as it is now with the nomination of the 41 judges by the JSC. With that, Kenyans have witnessed court orders issued at break-neck speeds and now, in the process of appointing 41 nominated judges without the President’s assent – judges of whom a red flag has been issued against them for allegations bordering on corruption and abuse of office hanging on their necks.
Let us not run away from the truth because it always comes out eventually. Just last week the nation was entertained to a series of intimate text messages between murder suspect Sarah Wairimu and Court of Appeal judge, Justice Sankale Ole Kantai who was arrested in relation to the murder of Tob Cohen. Reports indicated that the said judge aided the suspect Sarah Wairimu and would be charged as the third person in the killing of the Dutch businessman. The said judge also helped the suspect with her statement to the police about her husband’s disappearance before he was later found dead.
Not so long ago, a young magistrate took matters into her own hands. Driven by greed and revenge, Nyeri Senior Principal Magistrate Pauline Omung’ala Chesang was arrested over the killing of her lawyer husband, Robert Chesang. The magistrate was accused of shooting Chesang in cold blood at their matrimonial home and was arrested alongside Richard Lorunyei Moru, Laurence Lempesi, and Peter Muendo Mbithi.
Interestingly, this case has gone silent. The last that was heard was a bond issued by Judge George Odunga whose repute is also questionable and is among the 41 judges over which a red alert had been issued on issues bordering corruption.
In this case, the suspects were released on a one million shillings bond or a cash bail of Sh.500,000 with the judge disallowing an application by the deceased lawyer’s family to have the case moved to another court on the basis that the court would be prejudiced. It is alleged that Nyeri Senior Principal Magistrate (SPM), Pauline Maisy Omung’ala Chesang is related to the presiding Judge. The family of the slain lawyer, may never get to see justice in that case.
A few kilometers down the Coast is Mombasa Principal Magistrate Edgar Kagoni who was arrested for the loss of a Sh30 million heroin exhibit which was confiscated in an operation against drugs. It is unknown whether the exhibit has sufficed. The charges involved obstruction with intent to defeat justice, while aiding and abetting trafficking in narcotic drugs.
Interestingly, these judges are never alone in their scheming as the magistrate was arrested with three other court officials who work under him. The court clerk was also not spared as earlier on, Florence Dianga was arrested for faking surety documents used to bail out Mombasa businessman Mohammed Ali Noor. Likewise, she was arrested alongside three other court officials. Indeed, it is a corrupt system in and out.
Judges have continually been colluding with drug cartels and protecting them. Mombasa Judge Dora Chepkwony is one such judge, who altered orders for the slain drug baron Ibrahim Akasha from Sh30 million to Sh5 million, thereby relaxing their bond terms.
The same judge with two others Justice Martin Muya and another unmentioned judged were working round the clock to extradite the Akasha brothers but their cause eventually failed as justice prevailed, although in a US Court. It is also important that Kenyans know that Justice Dorah Chepkwony released five high profile convicts in less than two months who were terror suspects.
At the helm of power and still in public office, Deputy Chief Justice Philomena Mwilu proudly seats in her office going on with her business, totally unmoved over her corruption allegations. The judge who is second in command to Chief Justice David Maraga was arrested back in August 2018 at the Supreme Court.
This judge whose case was thrown out of court under the basis of a ‘wrong process in acquiring evidence’, was charged with numerous counts of stealing, abuse of office and unlawful failure to pay taxes. She had accepted a personal loan of Sh12 million from the collapsed Imperial Bank where Kenyans have lost their hard-earned livelihoods.
In a span of less than two years her case was concluded with even one of the rulings taking less than an hour. Despite facing 13 counts, offences committed between 2013 and 2016, none went through. The same courts stopped her prosecution and eventually set her free.
These are just some of the publicly known corruption scandals involving judges. Many have gone unreported as the Chief Justice himself has proven by word and deed that he is uninterested in the war on graft.
Haven’t Kenyans witnessed the numerous acquittals? Haven’t Kenyans witnessed the lenient bail terms given to criminals like Babu Owino? The latter was issued by Justice Francis Andayi who later recused himself. It is a rogue system that has progressively revealed itself and has just been gathering steam as it awaits a new Chief Justice who will continue to cover their corrupt tracks.
Chief Justice Maraga is a tired man seeing that the government cannot issue him with the billions he was demanding, hence seeking solace at a top UN job where he can further fatten his pockets.
For the Judiciary it’s a system of dog-eat-dog!