Category: Legal Matters

In a bid to curb rising cases of insecurity and lawlessness in the transport industry in Murang’a South, the Deputy County Commissioner has ordered the concerned stakeholders to abide by the requisite regulations in the sector.
Addressing the public at Ciumbu Makuyu, Monday during the 59th Jamhuri day celebrations, the DCC, Gitonga Murungi noted that a clean-up in the boda boda and matatu industry is eminent as a way to curb insecurity and other vices attributed to the sector.
“After meeting with the matatu stakeholders, we issued them a two weeks’ grace period to identify the employees of their Saccos and to give us the names of those harassing passengers but since the two weeks have elapsed without any response, we will crack a whip on those who have not complied “he said.
“Additionally we required them to issue uniforms to their workers as this will help identify the deviant ones who for a long time have been harassing passengers, assaulting them and reporting to work under the influence of alcohol or other substances.” he added.
Murungi noted that all the bodaboda riders have also been ordered to register under a Sacco before a crackdown on all the unregistered ones is effected.
“We want them to be organized to do business as it is no secret that some rogue individuals in the bodaboda industry are used to ferry criminals and distribute illicit brew and drugs” he observed.
Moreover, the DCC noted that the security team is on alert and regular patrols are being carried out to curb any cases of insecurity in Murang’a south.
On his part, Maragua Sub County Police commander Alex Shikondi issued a warning to pub and bar owners who are planning to contravene the law by operating beyond the stipulated hours.
“Pub owners must operate within the dictations of their licenses during the festive season failure to which they will face closure” he warned.
Meanwhile, the DCC strongly condemned a recent unfortunate act in Kangangu area where a civilian attacked a police officer while resisting arrest.
“Let it be very clear that we will not condone such acts and anybody engaging in such will face the full force of the law “he warned.

Source: Kenya News Agency

The Ministry of Interior and National Administration has converted 592 rangers employed by the County Government of Narok to National Police Reservists in a bid to boost security at the world famous Maasai Mara Game Reserve.
Interior and National Administration PS Dr. Raymond Omollo said the move was informed by the fact that the status of a ranger comes with limitations in terms of equipping, training and operational capacity in the rapidly emerging security threats within the Maasai Mara Game Reserve.
Omollo revealed his ministry, through the National Police Service, has allocated 464 modern guns to replace the old Mark 4s previously in the hands of the rangers.
“We gave the registration of all County Rangers as NPR first priority to pave the way for other improvements in capacity building through training and the provision of improved modern firearms,” said the PS, during the commissioning of the new NPR event held Thursday at Keekorok lodge in Maasai Mara.
Dr. Omollo said the county rangers had been taken through a rigorous paramilitary capacity training in different government training colleges such as General Service Unit (GSU) training college, Administration Police Training College, Kenya Forest Service training college and Kenya Wildlife Service law enforcement academy in Manyani.
He expressed confidence that cases of poaching, perennial human- wildlife conflicts, illegal logging and environmental degradation especially in the Maasai Mau forest will be a thing of the past.
The commissioned NPS, the PS said, will be under the command of the County Police Commander, who he said will help in the multi-agency framework of securing the Maasai Mara game reserve, the Loita forest, Mau forest and any other duties that he will assign to them.
In addition, the new NPS will be required to strictly adhere to the National Police Service Act as well as the service standing orders.
“The officers commissioned are drawn from Trans Mara East and West, Narok Central and Narok West sub counties,” he said.
The PS called upon the residents to embrace the new way of working between the two levels of government as they spread the message of peace and security across the county.
“The starting point is for all of us here to be peace crusaders and indeed, if all of us observe the rule of law, support and respect the institutions charged with managing our day to day security, we will surely have a peaceful and forward looking county in terms of social-economic development,” Omollo said.
On his part, Narok Governor Patrick Ntutu said the county government will purchase modern troop carriers, land-cruisers and regularize maintenance arrangements for the firearms.
Ntutu also said the county government will ensure standardized provision of food ratio, fuels as well as improve housing facilities for all NRPs.
The occasion was also attended by Rift Valley Regional Commissioner Maalim Mohamed, Tourism PS John Olotua and the Narok County Security team led by County Commissioner Isaac Masinde.

Source: Kenya News Agency

Human rights groups in Kilifi have received training to prepare and present cases of gender-based violence in court in an effort to help victims get justice.
The training conducted by the Katiba Institute in collaboration with Social Justice Center Working Group aims to eliminate gender injustice in society through enforcement of law.
Kilifi County, where gender violence is rampant, has seen many projects to fight against the evil initiated while human rights groups have been heavily relied upon to make the movement successful.
In an interview with journalists, the National Convener, Social Justice Center Group Mr. Happy Olal said that the program will greatly help to reduce GBV perpetrators because human rights defenders will have the knowledge to take legal action against them and represent victims in court.
“We are helping the community so that they can have more powerful defenders amongst them. If there is an issue of GBV in the community, they can defend the community by going to the court”, Olal said.
“It is very important, especially in coastal areas that have seen many cases of gender violence, to help them so that they have people who can defend them”, he added.
His counterpart, GBV Project Officer Billy Juma echoed the significance of the initiative saying local human rights defenders at the grassroots are best placed to take up cases to court therefore the need to equip them with the knowhow.
Convener Nawiri Africa Organization’s Peally Salim said successful acquisition of the law-suit knowledge will reduce the complainants against predatory lawyers and legal firms who are too expensive to hire.
Salim expressed hope that the training will empower the defenders and bring about great social change to the community.
“I do hope that with more of these trainings we are going to be able to achieve social justice and change in our communities”, she said.
She also pointed out that many victims of sexual violence do not know what to do according to the law to defend themselves, therefore the training will help people raise their voices to curb gender violence.
“Most of the time people remain silent not because they prefer to be silent but because they do not have the knowledge or technical know-how to approach situations that affect them”, she said.

Source: Kenya News Agency

Interior and National Coordination Cabinet Secretary Professor Kithure Kindiki has directed security personnel in the country to use necessary force to protect the lives and property of Kenyans
Speaking in Tiamamut and Kimanjo villages in Laikipia North sub-county when he visited the area following the killing of Il Motiok chief by armed bandits, Prof. Kindiki directed security personnel to be in the forefront in stopping crime before it was executed.
“The gun you have is to protect our people and also yourself from criminals, so you must always you get them before they get you,” The CS said.
Prof. Kindiki reiterated that the government would not negotiate with any criminal or gangs terrorizing people and vowed that they would be dealt with firmly.
“We do not want to pre-empt what action is going to be taken against these bandits, cattle rustlers and other criminals in our towns, but I can assure that they will be crushed,” he said.
The CS further directed that all government administrators to constantly patrol areas affected by banditry in the Rift valley region and get real-time intelligence on the criminals for effective restoration of law and order.
“I have directed all National Government Administration Officers (NGAO) starting from chiefs all the way to the Regional Commissioner not to stay in the offices but they should be out there where people are facing security threats,” he added.
The CS further revealed that he had assured the security personnel in the Rift Valley regions affected by banditry of all the necessary government support in terms of resources in order to fight runaway crime in the area.
He further revealed that the recruitment of 360 National Police reserves (NPRs) in Laikipia would commence in a week’s time in order to boost security in the affected areas. This was among the requests made by local leaders who spoke.
Laikipia North MP Sarah Lekorere who was also present lamented that 19 people from the area had lost their lives in the hands of armed bandits in less than two years. She called for deployment of more NPRs
“Every now and then we get attacks from bandits from a neighbouring county yet the government response has always been slow. How about they deploy more NPRs to assist in ensuring that there is security in this area?” Lekorere posed.
The MP claimed that the attacks were a well calculated move by the aggressors from a neighbouring county to displace the local community in Tiamamut in order to easily access grazing fields.
Il Motiok chief Jacob Yiangere was killed on Sunday evening at his home in Tiamamut village after three armed men raided his home, ransacked the entire house before shooting him dead at his compound. It is believed the bandits wanted to get hold of a firearm the chief had and upon failing to get it, they eliminated him in cold blood.
The CS was accompanied by Inspector General of police Japheth Koome, Rift valley Regional Commissioner Maalim Mohamed among other senior security personnel.

Source: Kenya News Agency

Kisumu Governor Prof. Anyang Nyong’o has formed a multi-agency team to investigate a fire incident at a section of the Jua Kali area where property worth millions of shillings was razed down.
The fire which broke out on Saturday night, destroyed motor vehicles, jua kali sheds, motor vehicle spare parts and assorted equipment worth millions of shillings.
Nyong’o in a statement to the media said the tragedy whose cause is yet to be established had disrupted economic activities in the area.
“I have constituted a team to look into the extent of damage and losses, repairs needed and necessary preventive measures to be undertaken in the short term and long term,” he said.
The multi-agency team chaired by Acting City Manager Abala Wanga, he said, has been directed to table their findings in 48 hours.
Meanwhile, the affected artisans have appealed to well-wishers to support them rebuild their enterprises since they did not manage to salvage anything.
Kisumu Jua Kali Association Secretary General David Odanga said the cause of the fire in the Zambia area was yet to be established.
“We cannot conclusively say what caused the fire but we are still investigating. I want to thank the county government for setting up a committee to investigate the matter,” he said.
Preliminary reports, he said, estimated the loss at Sh. 100 million since most of the jua kali artisans in the area were manufacturers.
“This area is one out of the 14 Jua Kali bases we have in Kisumu and it specializes in manufacturing. Our members here had installed expensive state of the art equipment for manufacturing various products,” he said.
Kisumu Central Member of Parliament (MP) Joshua Oron visited the affected artisans and donated 100 iron sheets to help them rebuild.

Source: Kenya News Agency

GOMA, DEMOCRATIC REPUBLIC OF CONGO — Democratic Republic of Congo rebels with the March 23 Movement, known as M23, have denied the military’s accusation they carried out a massacre of civilians as a truce between the sides has broken down.
Brigadier General Sylvain Ekenge accused M23 rebels and their Rwandan backers of targeting Congolese civilians.
At a press conference Thursday in Kinshasa, Ekenge said Rwandan defense forces and their M23 accomplices are killing innocent civilians in the territory of Rutshuru, including the recent killings of 50 Congolese citizens. Ekenge said DRC armed forces are obliged to respond to all attacks and will do everything possible to protect the Congolese people.
Rwanda has denied supporting M23 rebels.
The general also accused the rebels of abduction and forced recruitment of youth into their ranks.
M23 rejected the allegations and accused the Congolese army of breaking a week-long truce.
In an interview with VOA Friday, M23 spokesman Lawrence Kanyuka accused the Congolese national army of attacking their positions and called for dialogue.
“The DRC government started a war last night, attack(ed) the position of Kishishi, which means that they breach(ed), actually, the cease-fire (that) was actually put in place on the 25th,” Kanyuka said.
DRC General Ekenge said Congolese forces had upheld the truce.
The cease-fire was agreed upon between DRC President Felix Tshisekedi and Rwandan President Paul Kagame at a November 23 summit in Angola.
The M23 rebels were not part of the deal but there was no fighting reported between the two sides until Thursday’s clashes.
The M23 rebels are ethnic Tutsis who say the government broke a deal to integrate them into the army. They began seizing territory in November 2021 and in October moved toward the city of Goma.
The East African Community has deployed hundreds of troops from Burundi and Kenya as part of a regional force to quell the violence.
Nairobi this week also hosted peace talks with regional leaders and some rebel groups.
M23 representatives were not invited to the talks because Kinshasa said it will not engage with them until they give up occupied territory.

Source: Voice of America

Two Grade Six girls are among 66 expectant candidates in Murang’a County who are sitting for national examinations this year.
Nine expectant candidates are among those who will be concluding their KCPE examinations today Wednesday.
Kandara Sub County has the highest number of expectant candidates recording 21 cases followed by Murang’a South administrative unit, which has 16 cases.
Only one pregnant candidate is sitting for KCSE in Kigumo, while Mathioya Sub County has reported two cases.
Murang’a County Director of Education Ann Kiilu told KNA the expectant candidates for Grade Six and KCPE did the tests together with others in examination halls adding none failed to turn up for the examinations.
She feared that some of the expectant KCSE candidates might develop labour pains before the end of the examinations slated for December 23.
“None of the pregnant candidates for KPSEA and KCPE did an examination in the labour ward but for those sitting for KCSE we may have cases of delivery,” Kiilu noted on Wednesday.
She said they have made arrangements to ensure candidates who may be admitted in the labour ward are supervised as they do their examinations.
Kiilu noted that the county had not reported any case of malpractice during the KCPE and KPSEA. Some 26, 234 candidates sat for KCPE in 625 centres and another 24, 985 pupils did their grade six national assessment.
“All involved officers are working in cooperation to ensure Murang’a will deliver credible examination results. The government has also deployed enough security officers to man all examination centres,” Kiilu added.
Meanwhile 31, 197 candidates are sitting for the ongoing KCSE examination in 343 centres in the County.

Source: Kenya News Agency

Police in Homa Bay have recovered one of the four arms which were stolen two weeks ago at a police post in Kipasi, Suba North Sub-County.
The G-3 rifle was found at a home in Abuje village, Nyando constituency within Kisumu County where one suspect was arrested in connection to the theft.
The search operation which was conducted on Tuesday by the Directorate of Criminal Investigation (DCI) recovered the gun which was hidden within the homestead and loaded with 20 rounds of ammunition.
In a preliminary report, the operation which was led by the DCI officer Abed Kavoo saw the arrest of the owner of the homestead who was believed to have had a hand in the gun-theft incident at the said police post.
It was reported that on the night of November 16, an unknown number of people broke into the armoury at the police post and made away with four arms and 130 rounds of ammunition at the time when the police officers manning the station were conspicuously out of their duty posts.
Following this, the security team launched a crackdown to trace and retrieve the firearms in an operation that has led to the recovery of the gun in Kisumu.
Speaking to the media, Homa Bay County Police Commander Samson Ole Kinne said that they were having four suspects in their custody as they had earlier arrested three police officers from Kipasi Police Post where the theft took place.
Kinne said that three officers were arraigned in court over the theft of the arms.
The police boss said he would give more details once he receives a full report on the Kisumu operation, and assured that they are moving with speed to repossess the remaining arms.
“The operation is still ongoing to recover every single weapon lost,” he reiterated.

Source: Kenya News Agency

Martha Karua, the running mate of Raila Odinga, the losing candidate in Kenya’s 2022 presidential election, continues to dispute William Ruto’s slim victory over him. According to the politician and lawyer, the Kenyan electoral commission and the country’s supreme court
failed Kenya’s democracy and infringed on the human rights of Kenyans when they ratified President William Ruto’s win.
This is why she intends to bring the matter before the East African Court of Justice.
As the judicial organ of the East African Community, the court was set up in 2001 to ensure the adherence to law in the interpretation and application of and compliance with the treaty that binds the regional bloc of seven countries. These are Burundi, the Democratic Republic of Congo, Kenya, Rwanda, South Sudan, Tanzania and Uganda.
For everybody concerned with the progress of regional integration, challenging Kenyan presidential elections in the regional court is good news. It is not necessarily about what the court will say about the quality of the elections, but about the decision’s long-term implications.
Every decision sheds light on the regional bloc’s basic values. Case law shows countries how to live up to those values. And a high-profile case creates awareness of the court’s mandate and mission.
The regional court needs and deserves public attention. Unlike most of the regional institutions in Africa, it hasn’t been captured by political elites. It is a court of the people with a broad jurisdiction.
Initially, the regional court limited itself to declarations of treaty violations. With time, it moved to order more robust remedies, such as compensation for aggrieved parties. It also started instructing governments to take certain actions to remedy violations.
I have studied the development of the East African Court of Justice over the last few years. My view is that the court has been a keen promoter of the rule of law, democracy and human rights. It has also challenged the elitist legacy of regional integration in East Africa and shaken up the top-down decision-making processes in the East African Community. The court did so by engaging with civil society and national judiciaries, thus bringing the regional bloc closer to the people.
A court of the people
The East African Court of Justice is a very accessible court. Any person who is a resident of the bloc can file a petition – the treaty calls it individual reference (Article 30). Anybody can challenge treaty violations in the court directly without first engaging their national authorities or courts. There is no need to demonstrate any personal interest in the outcome of the case – it can be filed in the public interest.
The court has encouraged individuals to use it through a generous approach to the litigation costs. There are no filing fees and even a losing applicant does not have to pay any instruction fees to the state’s attorney general.
Moreover, the court has gone to great lengths to be physically closer to the people. Even though it is seated in Arusha, in northern Tanzania, there is no need to travel there to file a case. The court operates an electronic filing system and is establishing sub-registries in all capitals of the bloc. It’s also holding hearings in national judiciaries’ court stations across the region.
The court did not decide a single case in the first couple of years of its existence. As the cases finally started coming in the mid-2000s, the court experienced a backlash which limited its accessibility. In 2007, Kenyan politician Anyang’ Nyong’o and 10 other applicants brought a petition about flawed processes of election to the East African Legislative Assembly. The court agreed with the applicants.
It was apparently inconceivable to the national governments that the court they had created would dare to oppose them. Politicians rushed to put the court in its place. They introduced the time frame for individual references, making it harder to approach the court.
What cases are most common?
Cross-border trade disputes make up only a few of the court’s cases. In one case, a private company won US$20,000 as compensation for Burundi custom authorities unlawfully seizing a truck carrying perishable goods.
Awarding of damages is, however, a new practice. The majority of cases concern violation of the bloc’s values, most notably the commitments to the rule of law and human rights. A groundbreaking judgement was handed down in 2007 in the James Katabazi case. A group of treason co-accused in Uganda had been rearrested after being granted bail by their country’s court. The regional court denounced the rearrest as a violation of the rule of law.
Other cases followed. For example, the East African Court of Justice has ruled against secretive detention without trial of a Rwandan army officer accused of committing crimes against national security. And it ruled in favour of the Media Council of Tanzania against legislation which granted a government minister sweeping powers to
prohibit or otherwise sanction a publication of any content that jeopardises national security or public safety.
But what is interesting in the context of the upcoming petition from Kenya is an earlier judgement – in 2020 – in favour of Martha Karua. After unsuccessfully contesting a gubernatorial seat in Kirinyaga, she filed an electoral petition with Kenyan courts. It was dismissed on procedural technicalities and she was never heard on the merits. According to the East African Court of Justice ruling, Kenya violated the right to access justice, and hence the principle of the rule of law.
Only as strong as its partners
The court holds great potential for justice in the region, but it is only as strong as its partner states allow it to be. The partner states are under treaty obligation (Article 38) to implement the court’s judgements without “undue delay”. If a state fails to do so, the applicant can go back to the court, since the failure to implement a judgement is in itself a rule of law violation, a violation of the treaty and contempt of court.
The enforcement of a judgement depends ultimately on the given state’s commitment to the rule of law. And as stated by the former Kenyan chief justice, David Maraga, it is herein that the greatness of any nation lies.

Source: The Conversation Media Group Ltd

KAMPALA — Allies of Ethiopia’s federal military are looting property and carrying out mass detentions in Tigray, according to eyewitnesses and aid workers.
The accounts raise fresh concern about alleged atrocities more than three weeks after the warring parties signed a truce that diplomats and others hoped would bring an end to suffering in the embattled region that’s home to more than 5 million people.
Tigray is still largely cut off from the rest of Ethiopia, although aid deliveries into the region resumed after the Nov. 2 cease-fire deal signed in South Africa. There’s limited or no access into the region for human rights researchers, making it difficult for journalists and others to obtain information from Tigray as Ethiopian forces continue to assert control of the region.
Eritrean troops and forces from the neighboring Ethiopian region of Amhara — who have been fighting on the side of Ethiopia’s federal military in the Tigray conflict — have looted businesses, private properties, vehicles, and health clinics in Shire, a northwestern town that was captured from Tigray forces last month, two aid workers there told The Associated Press, speaking on condition of anonymity because of safety concerns.
Several young people have been kidnapped by Eritrean troops in Shire, the aid workers said. One said he saw “more than 300” youths being rounded up by Ethiopian federal troops in several waves of mass detentions after the capture of Shire, home to a large number of internally displaced people.
“There are different detention centers around the town,” said the aid worker, who also noted that Ethiopian federal troops were arresting people believed to be “associated” with the Tigray People’s Liberation Front, or TPLF, the political party whose leaders led the war against the federal government.
Civilians accused of aiding Tigray forces are being detained in the southern town of Alamata, according to a resident there who said Amhara forces had arrested several of his friends. A former regional official said Amhara forces are also carrying out “mass” arrests in the town of Korem, around 20 kilometers north of Alamata, and in surrounding rural areas.
Both the Alamata resident and the former regional official, like some others who spoke to AP, requested anonymity because of safety concerns as well as fear of reprisals.
The continuing presence of Eritrean troops in Tigray remains a sore point in the ongoing peace process, and the U.S. has called for their withdrawal from the region.
The military spokesman and government communications minister in Ethiopia didn’t respond to a request for comment. Eritrea’s embassy in Ethiopia also didn’t respond.
Eritrea, which shares a border with Tigray, was not mentioned in the text of the cease-fire deal. The absence of Eritrea from cease-fire negotiations had raised questions about whether that country’s repressive government, which has long considered Tigray authorities a threat, would respect the agreement.
A subsequent implementation accord, signed by military commanders in Kenya, states that the Tigray forces will disband their heavy weapons “concurrently with the withdrawal of foreign and non-(federal) forces from the region.”
Yet aid officials, diplomats and others inside Tigray say Eritrean forces are still active in several areas of Tigray, hurting the peace process. Eritrean troops have been blamed for some of the conflict’s worst abuses, including gang rapes.
Tigrai Television, a regional broadcaster based in the Tigrayan capital of Mekele, reported on Nov. 19 that Eritrean soldiers killed 63 civilians, including 10 children, in an area called Egela in central Tigray. That report cited witnesses including one who said affected communities were being prevented from burying their dead.
Ethiopian Prime Minister Abiy Ahmed and U.S. Secretary of State Antony Blinken discussed the importance of implementing the peace deal, “including the withdrawal of all foreign forces and the concurrent disarmament of the Tigray forces” in a phone call Monday, according to State Department spokesman Ned Price.
Four youths were killed by Eritrean forces in the northwestern Tigray town of Axum on Nov. 17, a humanitarian worker told the AP. “The killings have not stopped despite the peace deal … and it is being carried out in Axum exclusively by Eritrean forces,” the humanitarian worker said.
A statement from Tigray’s communication bureau last week said Eritrea’s military “continues committing horrific atrocities in Tigray.” That statement charged that Eritrean President Isaias Afwerki “is bringing more units into Tigray though [he is] expected to withdraw his troops” following the cease-fire deal.
The brutal fighting, which spilled into the Amhara and Afar regions as Tigray forces pressed toward the federal capital last year, was renewed in August in Tigray after months of lull.
Tigray is in the grip of a dire humanitarian crisis after two years of restrictions on aid. These restrictions prompted a U.N. panel of experts to conclude that Ethiopia’s government probably used “starvation as a method of warfare” against the region.
Ethiopian authorities have long denied targeting civilians in Tigray, saying their goal is to apprehend the region’s rebellious leaders.
Despite the African Union-led cease-fire, basic services such as phone, electricity and banking are still switched off in most parts of Tigray. The U.S. estimates hundreds of thousands of people could have been killed in the war marked by abuses on all sides.
The cease-fire deal requires federal authorities to facilitate “unhindered humanitarian access” to Tigray. The World Food Program said Friday it had sent 96 trucks of food and fuel to Tigray since the agreement although access to parts of central and eastern Tigray remains “constrained.”
Unhindered access into Tigray has not yet been granted despite the number of trucks going into the region, with several restrictions remaining in place, an aid worker said Friday. There are limits on the amount of cash humanitarian organizations can take into Tigray, while checkpoints and military commanders impede the movements of aid workers within the region, the aid worker said.

Source: Voice of America