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Pensioners at the Kenya Railways Corporation (KRC) have welcomed the decision by real estate company Erdemann Properties to withdraw a land ownership suit and have arbitration as an alternative method to settle dispute.
Erdemann Property Limited has offered to seek an out of court settlement as an alternative method to solve the dispute which has been unsolved for over 10 years.
” We are very happy and we feel relieved after a long-protractedcourt battle which has lasted in court for many years.
We are looking forward to more fruitful deliberations.” Pensioner John Ndege said.
Ndege further said that the move by Erdemann Property Limited to withdraw its claim of Sh 26 Billion that they had lodged in court after a tender dispute was geared towards helping pensioners whose lives had been seriously affected.
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The MPs have been given seven days each by the Jubilee Party to explain why they should not be axed.
The purge in Jubilee Party continues to widen with legislators in the faction allied to Deputy President William Ruto being a particularly a worried lot.Members of Parliament Moses Kuria, Kimani Ichung’wa, Joyce Korir, Robert Pukose, and Cornelly Serem could fall victims, if they do not respond to discharge letters sent by National Assembly Majority Chief whip Emmanuel Wangwe.In the letters seen by Angaza News, the five MPs have been given seven days each by the Jubilee Party to explain why they should not be axed from their respective committees.
The party wants to discharge the Gatundu South MP Moses Kuria from the Parliamentary Transport, Public Works & Housing Committee.
“Pursuant to standing orders 176 (1) and 176 (2), you are hereby notified that the Jubilee party which nominated you intends to discharge you from the Transport, Public Works and Housing Committee,” the letter addressed to Moses Kuria read.Bomet Women Representative Joyce Korir and Endebess MP Robert Pukose may be discharged from the Labour and Social Welfare and Energy committees respectively.Kikuyu MP Kimani Ichung’wa and Cornelly Serem could be stripped off the Budget and Appropriations and Trade, Industry, and Co-operative committees respectively.
Their warnings come a day after the ruling Jubilee party held another Parliamentary Group meeting at State House, Nairobi.Yesterday’s events saw National Assembly Majority Leader Aden Duale survive the purge targeting DP William Ruto’s allies from plum positions.
MP Benjamin Washiali and nominated MP Cecily Mbarire’s fates were however sealed as they were kicked out of their positions.The two were replaced by Navakholo MP Emmanuel Wangwe and Igembe North MP Maoka Maore as Majority Whip and deputy Whip respectively.
Also not spared in the purge are Senators Kithure Kindiki, Kipchumba Murkomen and Susan Kihika who were shown the door in their positions.Kindiki was yesterday replaced by Uasin Gishu Senator Prof Margaret Kamar as Senate deputy speaker, while Murkomen was replaced by West Pokot Senator Samuel Poghisio as Majority Leader and Murang’a’s Irungu Kang’ata replaced Kihika as Majority Chief Whip. Tuesday’s meeting was attended by Deputy President William Ruto, Jubilee Party Secretary-General Raphael Tuju and 212 Members of Parliament.
A Nairobi based woman is moving to court on Monday to seek justice against Mwingi North Member of Parliament Hon. Paul Musyimi Nzengu who has allegedly refused to pay her back her money.
Ms Faith Mumbua through her lawyers Simon Musili and Yvonne Mwita, is seeking payment of money amounting to 2.5million Kenya Shillings loaned to the legislature.
The MP is said to have approached Ms. Mumbua for the money to help in his campaigns before and during last general elections in 2017. He successfully got the loan promising to repay in an years time. He has since issued several bouncing cheques to the woman and eventually became unreachable.
Even after eventually winning the parliamentary seat, he has refused to settle his loan and all efforts to get her money back has been in vain. Before gaining his Mheshimiwa status, Hon. Nzengu who is commonly refered to as Malili was allegedly being housed by the lady. This is after been locked out of his house in eastland’s Nyayo Estate. He had earlier separated from his wife who he accused of being unfaithful.
Ms. Faith Mumbua is said to have bankrolled his political dream only to be abandoned after the legislature’s success. The disgruntled woman is said to cater for his campaign vehicles, branding and political meetings.
The woman is said to have raised an additional ksh.1million through her friends for his campaign posters, tshirts, staff and other logistics. The harambee was held at Villa Rosa Kepinski in Nairobi.
He is also said to have sort an additional Ksh.2million from Ms. Mumbua to ‘buy’ his nomination slot in Wiper Party, the predominant political outfit in ukambani region. According to him he needed to pay Party Leeder Kalonzo Musyoka ksh.2million to secure his slot.
These allegations has also led to bad blood between him and other wiper politicians after it emerged that he has been going round claiming the same to date.
Through recordings doing rounds on social media he claims he is untouchable because he used money to secure his seat in parliament.
Hon. Nzengu has additionally angered his consituents by sidelining them in all CDF matters. The Mwingi North CDF is said to be controlled by his immediate family members. All projects go to his relatives and close confidants.
Locals are currently contemplating on recalling their MP who they say has gone out of control and is unreachable by all means.
Residents of Busia County are now up in arms to demand answers as to what led to the irregular lease of the 843 acres of Nasewa Land to a private investor by Government.
Led by the Western Development Initiative Association (WEDIA) chair Joseph Barasa, the residents accused the Busia County Government for colluding with both the ministries of the National Treasury and Agriculture, Livestock, Fisheries and Cooperative to lease the land to Busia Sugar Industries without following due process.
Barasa said that Nasewa land belonged to the Public hence need to consult them through Public participation before any deal is entered.
“A few people can not just sit in a boardroom and strike a deal to lease land that does not belong to them. Nasewa land is not fish in the market”, Barasa said.
He said that he was not against BSI acquiring the land so long as the rule of law is adhered to and due process followed.
These reactions comes after the residents came across a letter dated 6th May 2020 and written by activist Okiya Omutatah to the National Treasury CS ukur Yatani and his Agriculture counterpart Peter Munya objecting the move to lease the land which he termed as fraudulent.
In the letter Omutatah threatened to move to court if the government went ahead to lease the land saying that the only way the Nasewa Land can be leased to any person or company was through Public participation a process that should be initiated by Government.
The government of Kenya through the Ministry of Finance acquired the land in the early 1990s through compulsory acquisition where hundreds of families were moved from the land to pave way to the construction of a sugar factory which never took place.
A few years later the Land was sold by Mumias sugar Company to Kaplony Ltd over a debt owed to it by the defunct Busia Sugar Company.
It had to take the intervention of the Western Development Initiative Association (WEDIA) and Kenya for Justice & Development (KEJUDE) to force Dr. Evans Kidero who was the then MD for MSC to surrender the land.
The government now wants the gazetting of the contentious bill allocation Sh15 billion to the Nairobi Metropolitan Service (NMS) revoked.
Solicitor-General Ken Ogeto said the April 27 publication of the Nairobi City County Supplementary Appropriation Bill, 2020 in the Kenya Gazette was irregular and unlawful.
This view in his legal advisory to the Government Printer is seen as a win for Nairobi Governor Mike Sonko in his battle with Speaker Beatrice Elachi.
Mr Ogeto said it was inconceivable for the bill to have been published in the Kenya Gazette while still pending before the Nairobi assembly, hence the irregularity and illegality.
He also says the bill was not assented to in either of the ways contemplated by the law, so it is unlawful.
“The publication is a nullity and ought to be rectified appropriately,” the Solicitor-General said in a May 6 letter addressed to Governor Sonko and copied to the Attorney-General, Government Printer and Controller of Budget.
“The Government Printer is accordingly advised to take note of the contents of this legal opinion and to remedy the situation by taking necessary action to revoke the purported publication.”
The City Hall chief wrote to Mr Ogeto asking him to direct the Government Printer to nullify the purported Act through a corrigendum.
Sonko’s argument was that the bill was published in contravention of the law and was therefore not backed by the force of law.
“The bill was sneaked to the Government Printer by unknown people, notwithstanding the fact that the office of the governor alerted the Government Printer that it had not completed the necessary legislative process,” he told Mr Ogeto in a letter dated April 30.
The Nairobi assembly passed the bill on April 2, 2020 but Governor Sonko declined to assent to it, accusing MCAs of allocating funds to functions that were not transferred to the NMS.
He returned the Bill with reservations to the Assembly on April 15, 2020 but Speaker Elachi, during a special sitting on April 17, set aside his memorandum and returned the bill to him for assent.
The bill was published on April 27 after the expiry of the seven-day period provided for in the law.
Governor Sonko contested the manner in which his memorandum was set aside, saying the assembly did not debate it and that the required two-thirds majority did not vote on it.
Speaker Elachi maintained that her ruling was informed by Standing Order 146(4) that gives her the latitude to rule on a memorandum without subjecting it to the relevant committee of the house for voting, as it raised Constitutional matters that could only be determined by a court.
However, the Solicitor-General argues that an assembly’s Standing Orders cannot be used to sidestep mandatory requirements of an Act of Parliament.
He cited a 2019 ruling in a case pitting the Machakos assembly against Governor Alfred Mutua, where the court affirmed that provisions of an Act takes precedence over Standing Orders in case of a conflict.
In lieu of this, Mr Ogeto said that according to Section 24(5) of the County Governments Act, the assembly must muster a two-thirds majority to pass a bill a second time without incorporating the governor’s reservations.
He explained that the assembly did not vote on April 17 on the bill as required by the above Act.
“Consequently, in our reading of the law and in light of the facts provided, the bill cannot be deemed to have been assented to, following the expiry of the period stipulated for assent, as it was not passed by the assembly with a two-thirds majority as required by the Act,” he said.
The National Assembly will Wednesday April 8, 2020 hold a special sittings to discuss COVID-19 pandemic.
The Speaker of the National Assembly Justin Muturi Tuesday evening acceded to a request by the Leader of the Majority Party Aden Duale, to hold special sittings of the House.
Top on the Agenda is the Laying of the Covid-19 Emergency Funds Regulations and The Supplementary Budget Estimates.
The special sittings to start in the morning will consider the following matters:
(1)Laying of various instruments relating to the COVID-19 pandemic, namely.
- the Public Finance Management (COVID-19 Emergency Response Fund) Regulations, 2020;
- Supplementary Estimates for the FY 2019/20 & related documents; and
- any other Paper(s) relating to measures to address the pandemic and related emergencies.
- Conveyance of a Message relating to the nomination of a CEO to the National Government Constituencies Development Fund Board.
3. Conveyance of any other Message from the Senate or the National Executive.
4. Consideration, at all stages, of the Tax Laws (Amendment) Bill, 2020 which contains part of the legislative measures to address the taxation regime occasioned by the COVID-19 pandemic.
5. Consideration of motions on:-
- Persons nominated for appointment to the Teachers Service Commission;
- Persons nominated for appointment to various Constituency Committees of the NG-CDF;
- The Public Finance Management (COVID-19 Emergency Response Fund) Regulations, 2020; and,
- Any other legislative measures to cushion the country from the effects of COVID-19.
Meanwhile, Senate Speaker Ken Lusaka announced a raft of measures that allowed only 28 selected senators to be in the House chamber during its sitting this afternoon.
This was in line with measures intended to curb the spread of the COVID-19 global pandemic.
The Senate reconvened Tuesday afternoon to debate the Division of Revenue Bill, 2020. Senators and staff aged 58 and above were encouraged to work from home in line with President Uhuru Kenyatta’s directive.
In a communication read by Speaker Lusaka on the floor of the House, the selected Senators will be required to wash their hands before entering the chamber.
The Senate also moved a motion for the establishment of an ad hoc committee that will work jointly with members of the National Assembly to consider executive measures announced last week which seek to address the effects of the disease which has already seen 59 Kenyans infected.
Some of the executive interventions require policy and administrative action while others require legislative interventions.
Eight more cases of patients who have tested positive for Coronavirus bringing the number of patients to 15.
Government is tracing over 363 people who have come into contact with the patients.
Speaking during a press conference at Harambee House the health Cabinet Secretary Mutahi Kagwe said that names of individuals who have tested positive for Coronavirus will not be disclosing.
Out of the latest eight cases, five are Kenyans and three are foreign nationals-two French and one Mexican.
“All the eight are imported cases from Europe and America, ranging from age 20 for the youngest and 67 years for the oldest,” said CS Mutahi Kagwe
The president asked the team to reactivate garbage collection vehicles in the 100 days and ensure crackdown on illegal dumpsites.
President Uhuru Kenyatta has created the office of the Nairobi Metropolitan Services which will be headed by Major General Mohammed Abdalla Badi.
This comes as the National Government take over of Nairobi County became effective from Tuesday, March 17, 2020.
Badi will be deputised by Enosh Onyango Momanyi.
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