DN 28th Sept 2018.pdf - Why Raila may vie in 2022 Pages 4-5...

This preview shows page 1 out of 68 pages.

Unformatted text preview: Why Raila may vie in 2022 Pages 4-5 Today the Nation reveals Opposition leader’s coalition agreement with Kalonzo, Mudavadi and Wetang’ula, and how the stakes were stacked in his favour Friday, September 28, 2018 KSh60/00 (TSh1,700/00 : USh2,700/00 : RFr900/00) /dailynation No. 19446 ∫∫∫∫∫∫ Integrity > In Migori, MCAs plot to impeach the governor and his deputy following graft allegations Bleak days ahead for governor West Pokot Wajir Garissa Meru Kiambu Kisii Kenya’s new exam cheat hotspots Back Page Kenya National Examinations Council reveals where teachers are planning to buy test papers, threatens sackings 10 more days: Governor accused of murdering his girlfriend walked into court a bullish man yesterday, high-fiving friends and looking forward to freedom — the judge had other ideas Page 2 DENNIS ONSONGO | NATION The story so far: Migori Governor Okoth Obado (left) was charged on Monday with the murder of his pregnant girlfriend Sharon Otieno between September 3 and 4 this year at Owade area in Rachuonyo sub-county, Homa Bay County. The prosecution, in arguing against his release on bail, says Mr Obado is an influential person and, as most of the witnesses are from his Migori political turf, he could interfere with investigations. Others charged with the offence are Mr Obado’s aide Michael Oyamo and county clerk Caspal Obiero (right). Maribe gives up the run Prosecution Argued that the offence of murder, despite its gravity, is bailable under the Constitution Page 3 Journalist records statement with detectives in city murder investigation INDEX News P. 2-12, Back Opinion P. 14-15,18 Letters P. 16 Defence Judge Warned that releasing Obado on bail ran the risk of allowing him to interfere with case County News P. 21-24 Ruled that Governor should be held for 10 more days as all related cases are consolidated International P. 27-29 Business P. 30, 33-35 Sport P. 51-56 2 | National News Friday, September 28, 2018 | DAILY NATION Charge > Migori Governor is charged with killing his 26-year-old girlfriend Obado to spend 10 more days in prison as judge denies him bond Judge Jessie Lessit rejects the governor’s plea for bail, noting the court is yet to see witness statements and evidence to be used in the case BY SAM KIPLAGAT [email protected] Migori Governor Zacharia Okoth Obado (left) and his aide Caspal Obiero at the Milimani Law Courts yesterday. Both are charged with the murder of university student Sharon Atieno. AND MAUREEN KAKAH [email protected] M igori Governor Zacharia Okoth Obado smiled wryly after a judge yesterday rejected his application to be released on bond. Initially, Mr Obado had sat pensively in court following the proceedings as he, together with his lawyers, hoped that his application will sail through. However, the governor who was arrested a week ago over the murder of his girlfriend, 26-year-old Sharon Otieno, will have to spend 10 more days at the Industrial Area Remand Prison, as he waits to make a fresh application for his release. Justice Jessie Lessit rejected the application yesterday saying the court was yet to see the witness statements and documentary evidence to be used in the case to make a determination as to whether it was okay to free him on bond. The judge said that it was early for the court to make a conclusive finding on issues raised by the prosecution, among them the security and the volatile situation in Migori County. She added that the fact that the prosecution said that investigations were still ongoing “cannot be wished away”. Justice Lessit, however, agreed that security of the suspects was a major issue and that was the reason why Mr Obado and his co-accused were arraigned in Nairobi and not Migori “The application cannot be determined before the witness statements and other documentary evidence are availed, because that is the only way the court can fully exercise its discretion and apply factors for consideration and determine whether or not there exists compelling reasons to deny bail,” the judge said. DENNIS ONSONGO | NATION Save time MURDER CASES TO BE MERGED Deputy DPP Jacob Ondari also said they are likely to consolidate the cases and it was prudent that they be heard on the same day and before the same judge. Judge Lessit agreed, “It is prudent that these matters are consolidated to save on court’s time in writing a multiplicity of judgments on similar matters even though each accused person has specific uniqueness.” She added the failure by the prosecution to provide the statements cannot be interpreted to mean that they do not have a case, unless there are good grounds, which can lead to such a conclusion. On the alleged confession made by one of the suspects in court, the judge said it is a matter to be canvassed during the trial. The alleged confession was made by Mr Jackson Gombe, a suspect. And on interference with witnesses, the judge said the court can impose strict terms, which will ensure that it does not happen. Mr Obado through lawyers Cliff Ombeta and Nicholas Ombija had argued that the offence of murder is bailable under Article 49(1)(h) of the constitution. Mr Ombeta had submitted that the governor has a qualified constitutional right to be released on bond on reasonable conditions and that he has a right to be presumed innocent, until the contrary is proven. He said Mr Obado would avail himself whenever required and was ready to abide by any conditions that shall be set by the court. The governor, he further said, had co-operated with the investigators. But Deputy Director of Public Prosecutions Jacob Ondari opposed his release saying Mr Obado is an influential person and most of the witnesses are from Migori. Some of the witnesses, he said, were county employees and the police was yet to record statements from them. The prosecution also said it was apprehensive that Mr Obado might interfere with witnesses or suppress investigations. The court noted that the case has been changing and more suspects are being charged with the murder of Ms Otieno. Mr Obado was charged on Monday with the murder of Ms Otieno, an offence he allegedly committed between September 3 and 4, at Owade in Rachuonyo, Homa Bay County. The charge stated that he committed the offence with others not before the court. Yesterday, a third suspect in the murder of the Rongo University student denied the charge before Justice Lesiit. Mr Caspal Obiero, a clerk in Migori County, denied killing Sharon. Justice Lesiit directed that Mr Obiero be remanded at Industrial Area until October 8, when he will argue the bail application. Justice Lessit: 36 years on the Bench Justice Jessie Wanjiku Lessit is the presiding judge of the Criminal Division at the High Court. She was appointed a judge of the High Court in December 2002 and has served in several stations including Nakuru and Meru. She has been in the Judiciary for more than 30 years starting as a district magistrate in 1982. She rose through the ranks to become a chief magistrate before her appointment as a judge. She survived the 2003 purge on the Judiciary by the Vetting of Judges and Magistrates Board. She studied law at the University of Nairobi, where she obtained a Bachelor of Laws degree in 1981. She is the current chairperson of Bonds and Bails Implementation Committee Nairobi County Criminal Court Users Committee. In a recent speech delivered at the Industrial Area Remand Prison, the Judge said courts cannot purport to be defenders of justice when they are not held accountable. “The Bail and Bond Implementation Committee will continue to sensitise magistrates and judges on the need to give reasonable bail terms and review cases constantly as well as sensitise on other forms of securities to make it easier for remandees to post bail,” she said. — Sam Kiplagat ODM warns against being dragged into governor’s woes BY NATION TEAM ODM yesterday came out guns blazing and cautioned against being dragged into Migori Governor Okoth Obado’s murder and graft cases. The party warned that the cases, involving the murder of Rongo University student Sharon Otieno and corruption, were criminal in nature and urged the public to let the government agencies handle them. ODM secretary-general Edwin Sifuna, speaking to Nation from Migori County where members were in a campaign trail for the party’s senatorial candidate Ochillo Ayacko for the October 8 by-election, said that they were busy with the campaigns and nothing could derail them. Some of Mr Obado’s supporters and staff had questioned ODM leader Raila Odinga’s silence on the governor's cases and even linked some unnamed politicians to his woes. Mr Odinga had urged the police to fast-track investigations into Ms Otieno’s murder and ensure the culprits are brought to book. Mr Obado’s sympathisers who gathered outside Milimani law courts, Nairobi, on Monday waved placards with some blaming the ODM party for the governor’s troubles. Yesterday, Mr Sifuna however, termed the allegations as “far-fetched theory.” “We don’t control the police, DCI (Directorate of Criminal Investigations) or DPP (Directorate of Public Prosecutions). Where is the evidence linking the party or anyone in it to the crimes?” He posed. Migori ODM branch chairman Philip Makabong’o said Mr Obado should "carry his own cross.” “The governor is our member and we presume him to be innocent until proven guilty as per our Laws. We are giving the DPP and the Judiciary time to expedite all the legal procedures and if found guilty, we as a part shall not hesitate to start the process of removing him from the party,” Mr Makabong’o said. Meanwhile, mixed reactions greeted the continued detention of Mr Obado at Nairobi's Industrial Area remand prison, VIVERE NANDIEMO | NATION Supporters of Migori Governor Okoth Obado demonstrating in Uriri market on Sunday. ODM yesterday cautioned against being dragged into the governor’s troubles. after the High Court disallowed his bail application. His supporters including county government employees expressed their disappointment at the court decision but said "we will abide by it." "The denial of bail has technically grounded operations in this county because the governor is the chief executive officer. His continued detention is a big setback to the service delivery to the people of Migori," said Mr Lawrence Owino, a county employee. The workers abandoned their offices in the afternoon to follow live proceedings on TV as Justice Jessie Lessit delivered her ruling. In Migori Town, residents watched the proceedings from their homes and work places. As some hoped for the governor's release, critics wore happy faces saying what they want to see is "justice for Ms Sharon Otieno and her unborn baby." "We can see the wheels of justice have started rolling well. We know the innocent ones will be acquitted with culprits being thrown behind bars," said a resident, Mr Charles Owallo. Deputy Governor Nelson Mahanga and County Secretary Christopher Rusana have now taken charge of the county. Some residents raised questions on the coincidence the court’s decision has caused. On October 8, when Mr Obado will be in court again, they will be heading to the polls to elect a new senator, given that Mr Obado wields grass roots support. Reported by Justus Ochieng, Elisha Otieno and Vivere Nandiemo DAILY NATION | Friday, September 28, 2018 National News | 3 Probe > Police grilled Maribe to corroborate her fiancé’s statement Slain woman eulogised as outgoing, generous and pillar of their family BY MARY WAMBUI FRANCIS NDERITU | NATION LEFT: Television Journalist Jacque Maribe is escorted out of the Kilimani police station yesterday where she had gone for questioning over the murder of a woman linked to her fiancé Joseph Irungu Kuria. TOP: Police dust Maribe’s car for fingerprints. City murder case: Police quiz TV star over fiancé statement Television journalist Jacque Maribe spent hours with detectives investigating the murder after her fiancé was named as the prime suspect 20688 Send the word “BREAK” to 20688 to receive breaking news alerts BY NATION TEAM [email protected] D etectives investigating the murder of Monica Kimani yesterday interrogated TV Journalist Jacque Maribe to corroborate a statement made by the main suspect, 28-year-old Joseph Irungu Kuria, who is also her fiancé. Detectives also want to establish who owns a gun and a bullet which were found in her bedroom and which have since been taken for examination. Ms Maribe arrived at the Kilimani Police Station shortly after 2.30pm yesterday, accompanied by Lawyer Katwa Kigen and members of her family. She spent about 30 minutes at the Kilimani Directorate of Criminal Investigations, DCI offices before being escorted to the DCI headquarters. Detectives also examined Ms Maribe’s car, a Toyota Allion, with Registration Number KCA 031E, believed to have been used by Mr Irungu to visit Ms Kimani in her Lamuria Garden’s apartment on the day she was murdered. Ms Maribe’s car was also of interest to the detectives, because Mr Irungu was driving it on Friday, the day he claimed that he was shot on the left shoulders by gunmen unknown to him, as he left the Royal Park Apartment where the journalist lives. The car was according to detectives, not hit by any bullet. Samples of blood on the driver’s seat were taken for forensic analysis. After the dusting the car, the detectives attached to the Directorate of Criminal Investigation’s Homicide Unit, together with scene of crime analysts moved to Monica’s apartment where they spent the whole day collecting samples for forensic analysis. Kilimani OCPD Michael Muchiri said that, apart from the circumstantial evidence that the detectives have already collected in connection to the murder on Wednesday last week, detectives are collecting samples for DNA matching to unmask Monica's killers. “The forensic experts are thoroughly combing the scene of crime to find any clues in relation to the murder. They are trying to gather as much evidence as possible. There is a lot of dusting going on there to look for evidence,” Mr Muchiri said. At the house, police dusted the surfaces of furniture, two wine glasses found on the table, some other utensils, the bath tub where her body was found, towels and clothes. Police sources familiar with the investigations also said that detectives had taken clothes that were on the body of the deceased and those that were worn by Mr Irungu when he visited her. They include a white Kanzu that neighbours said he wore when he arrived at the house. “So far the forensic officers are doing a good job, they are professionals. There is a lot of photography, dusting and generally piecing together of the clues,” Mr Muchiri said outside the deceased’s Lamuria Garden’s apartment. Apart from the combing of the crime scene, a team of detectives have been sent to the United Arab Emirates and South Sudan, to investigate the activities of Mr Irungu. The DCI is also contemplating on sending a team of investigators to Afghanistan, where Mr Irungu worked earlier. A United Arab Emirates Resident Identity Card Prime suspect: Joseph Irungu Kuria What’s alleged BROTHER FOUND HER DEAD BODY Monica’s brother George Thiru discovered her body on Thursday after he failed to reach her on phone for days, and she failed to turn up at the JKIA where she was set to take a flight to Dubai for the holiday she had planned. An analysis of Joseph Kuiria’s phone showed that it remained switched off till 3pm on Thursday. number 784-1990-0858139-1, a Kenyan passport, a Kenyan Identity Card and other documents were confiscated from Mr Irungu. Police are also studying his financial transactions. Yesterday, a detective also revealed that it was hard to corroborate the activities of Mr Irungu, as he had said he did not have his own house in Nairobi and only lived with his fiancée. “We really do not believe that he had no residence of his own here in Nairobi, although we also believe that he used to spend most of his time at Monica’s house when she was away. We have information that he was taking care of this apartment but wanted to be involved in a love affair with the deceased,” a detective said. The family of the deceased told detectives that Irungu and Monica were students at the Kenya Polytechnic but they were not close, until Irungu started approaching her on social media, long after their studies were completed in 2011. Monica, according to the police, was engaged to another man, Yassir Mohammed, who lives and works in Khartoum. The couple was meant to meet for holiday in Dubai from Thursday last week. Mr Irungu had on Monday told detectives that he was shot in the chest on Friday morning after he dropped Ms Maribe at her house in Langata. The police have, however, remained sceptical about this, as no watchman in the apartment and those nearby heard the gunshots. Also, police officers at the Langata Police Station — located just 200 metres from the apartment did not hear any gunshot. The time taken to report the incident at the Langata Police Station under OB number 79/21/9/2018, the general features of the wound on the chest and the fact that there was no exit wound was questionable to the police. On Wednesday, when the suspect appeared before Kiambu Senior Principal Magistrate Stella Atambo, the Chief Investigating Officer, Maxwell Otieno expressed openly that the investigators had doubts about the wound being inflicted by a bullet. “Part of what we want to establish is whether the wound is indeed a gunshot wound. I am saying this because preliminarily the wound may turn out not to be a gunshot wound,” Mr Otieno told the court. Family and friends of Monica Nyawira Kimani, 28, who was murdered in Nairobi at her house last week gathered yesterday at Mt Kenya University's Happy Valley grounds in Thika for her requiem mass ahead of her burial today in Gilgil. Her body was found in her house on September 19 by her brother, Mr George Thiru Kimani, shortly after she had returned into the country from South Sudan. Tributes shared at the emotional mass portrayed the image of a social, hardworking and selfless giver, who wanted to live a good life with a keen interest in uplifting her family's social status. Born on October 10, 1990 in Gilgil, Nakuru County, the first born in a family of three schooled at Ichachiri Secondary School in Gatundu and later joined Technical University College in 2011 where she studied a diploma course in international relations. Her father, Bishop Paul Kimani Ngarama of the Rebuilding Apostolic Mission Church, said Monica was the family's pillar and had promised never to get married without buying herself a car and a house. "And true to her words, she got herself a car and a house. She wanted the best for herself and her family. She pushed me to work hard and even though I was a barber, she made me realise I was never meant to die as one," he said. Monicah had acquired a significant amount of wealth including several houses, land and vehicles for her brother and recently a Subaru Imprezza for her mother. She died having promised her father a Toyota V8. Monica’s boyfriend was however absent at the requiem mass, her brother Mr Thiru saying that he works outside the country. He, however, did not disclose if he would attend her burial tomorrow at Gilgil. Leaders who attended the mass, including Kiambu Governor Ferdinand Waititu, strongly condemned the murder and called all MPs to amend the section of the constitution that give capital offenders the right to proceed with trial on bond. MARY WAMBUI | NATION Mr Paul Ngarama and his wife Miriam Kimani at Happy Valley grounds, Thika yesterday, during the requiem mass of their daughter, Monica Nyawira who was killed last week in Nairobi. 4 | National News Friday, September 28, 2018 | DAILY NATION Agreement > A Nasa pre-election pact, whose details were kept secret since early 2017, can now be revealed ...
View Full Document

  • Fall '15
  • amimo
  • United States Senate, Nairobi, Party leaders of the United States Senate, Jomo Kenyatta, Raila Odinga

{[ snackBarMessage ]}

Get FREE access by uploading your study materials

Upload your study materials now and get free access to over 25 million documents.

Upload now for FREE access Or pay now for instant access
Christopher Reinemann
"Before using Course Hero my grade was at 78%. By the end of the semester my grade was at 90%. I could not have done it without all the class material I found."
— Christopher R., University of Rhode Island '15, Course Hero Intern

Ask a question for free

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern