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BREAKING NEWS: History made as Kenyan presidential election is nullified

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The Supreme Court has nullified the re-election of President Uhuru Kenyatta.

A seven-judge bench, by majority decision, on Friday found that the electoral commission failed to conduct the polls according to the Constitution and Elections Act.

EVIDENCE

“Elections is not an event but an process. After considering the totality of the entire evidence, we are satisfied that the elections were not conducted in accordance to the dictates of the Constitution and the applicable principles,” Chief justice David Maraga said.

“That President Uhuru Kenyatta was not validly elected on August 8.”.

Judges Ojwang and Njoki Ndung’u dissented while judge Mohammed Ibrahim, who fell ill on the second day of the case hearing, did not take part in the decision because he is still in hospital.

They ordered the IEBC to conduct a fresh presidential election within strict confines of the law within 60 days.

Lawyers who represented President Kenyatta and the IEBC protested the judgment and sought explanations and clarifications from the judges.

Lawyer Ahmednasir Abdullahi, for Mr Kenyatta, faulted the court, saying it had made a political decision because no one is disputing that the voter made his decision.

RIGGING

According to him, Lady Justice Ndung’u upheld the wishes of Kenyans.

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But Justice Maraga said, in due time, they would be able to demonstrate why they reached their decision.

The decision has is a big win for National Super Alliance (Nasa) leader Raila Odinga and his running mate Kalonzo Musyoka, who accused the IEBC of rigging the election in favour of Mr Kenyatta.

The two rejected the results even before they were announced on August 10, accusing the commission of imposing “computer-generated leaders” on Kenyans.

The quashing of Mr Kenyatta’s victory is particularly important to Mr Odinga because it has granted his political career a lifeline.

Aged 72, Mr Odinga had promised his opposition co-principals that it was the last time he was running for State House after previous three barren attempts.

-nation.co.ke

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Entertainment

Robert Murathe? Kagwe denies Pastor Burale’s ‘deal’ – VIDEO

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Health CS Mutahi Kagwe on Thursday said he has never heard of Robert Burale after he was asked a question about the ailing pastor during Thursday’s Covid-19 briefing in Mombasa.

Referring to him as Robert Murathe, the CS said that he does not know who Burale is, adding that he cannot respond to rumours.

“I don’t know anything about Robert Murathe, I don’t know what he’s doing, he’s probably sick. I have never heard of this guy. You are saying he is supposed to have been paid, by who? When it comes to issues like rumours, if I were to respond to every rumour I would be very busy,” he said.

He wondered who would have paid him and why.

Pastor Robert Burale. PHOTO | COURTESY
Pastor Robert Burale. PHOTO | COURTESY

“I don’t know who would have paid him or why he would be pretending. The guy might probably be sick but you have decided that he is not. Let me leave that one out.”

On Monday, the renowned motivational speaker and pastor announced that he had tested positive for coronavirus.

Pastor Burale made the revelation via Facebook, saying that he had to wait for President Uhuru Kenyatta to give his speech before he could share the bad news.

“Last week Wednesday I (after recording an FB program that airs of Fridays) was struggling to breathe and rushed to Nairobi Hospital where I was tested for Covid-19 and I tested positive,” he said.

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He was immediately taken to isolation within Nairobi Hospital.

Many Kenyans online claimed that it was a PR stunt and alleged that Burale had been paid to pull off the move.

By NN

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Courts

CS Kagwe found guilty of contempt of court order

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BY KEVIN KOECH

Health Cabinet Secretary Mutahi Kagwe risks spending six months in prison after being convicted by the Labour and Employment court.

Kagwe was found guilty of a court contempt in a case pitting the health ministry against senior officers of the National Quality Control Laboratory (NQCL) who were transferred by the CS despite an existing court order.

In a ruling delivered by Justice Onesmus Makau on Thursday, July 9, Kagwe was ordered to appear in court in person or through a lawyer on Thursday, July 23, for mitigation and sentencing.

“The Honorable Cabinet Secretary, Mutahi Kagwe, is hereby cited for contempt of this court’s decree dated January 31 2020, for his decision contained in the letter Ref: 1991082265 dated June 12 2020, deploying Dr Hezekiah K. Chepkwony from the National Quality Control Laboratory to Kenya Medical Training College,” read the orders issued by the court.

Kagwe initiated the process of transferring NQLC’s Chief Executive Officer Hezekiah Chepkwony and Deputy Director Pius Wanjala to Kenya Medical Training College (KMTC) and Moi Teaching and Referal Hospital respectively but was barred by the court after the two secured an injunction.

The CS, however, proceeded to effect the transfers despite an existing court order restricting him from doing so.

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He appointed the complainants’ successors at the NQLC contrary to the orders.

Kagwe was also accused of frustrating efforts by the NQLC board to have a discussion on the conflict with a view of reaching a truce.

“The deliberate violation of the Judgment is evident as NQCL’s Board of Management made efforts to address the issues relating to the two, these efforts are demonstrated by the fact that the Board put up an advert on 6.6.2020 advising the media to stop publishing falsehoods against Chepkwony and Wanjala.

In its letter dated 8.6.2020, it sought to meet the CS for a discussion on the media reports, its mandate, challenges and the way forward but no meeting took place,” Justice Makau noted.

The maximum sentence for contempt of a court order in Kenya is six months imprisonment or a fine not exceeding KSh 200, 000 or both.

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Health

Woman dies in botched abortion

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Police in Vihiga County are holding a quack doctor after a woman she was helping procure an abortion died in the process, County Police Commander Leonard Omolo said on Thursday.

Linda Indava, 29, had been taken to the quack’s home in Cheptulu by her husband after he suspected that she was unfaithful.

Police also arrested the man whom Mr Omolo said will be charged with murder on Friday.

The man had reportedly indicated that he was not responsible for his wife’s pregnancy.

MURDER CHARGE

The two are being held at Serem Police Station and will be charged with murder. The quack sells water during the day and turns into a “doctor” at night.

“The man was in doubt about who was responsible for the pregnancy of his wife. He therefore decided that the pregnancy should be terminated,” said Mr Omolo.

During the botched patio, Ms Indava became unconscious and died, prompting the police to be called in.

Mr Omolo said officers visited the scene of crime and apprehended the two suspects.

“Investigations have been launched and the two will be charged tomorrow (Friday) with murder,” he said.

The dead woman’s body was taken Kaimosi mortuary pending post-mortem.

By Nation.co.ke

READ ALSO:   BREAKING NEWS: Kenya's High court extends period for party primaries until May 1st despite protest from IEBC
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