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Woman accused of killing husband to wait longer for share of vast estate

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Jimmy Paluram Jagatrum Baburam, a weapons expert who supplied the Kenya Defence Forces with ammunition and related hardware, was found dead in a swimming pool at the luxurious Medina Palms Resort in Watamu on July 26, 2015.

He was a sick man. Aside from chronic kidney disease, Mr Baburam had cerebral oedema — an accumulation of fluid in spaces inside and outside the brain cells.

The former KDF supplier was due to return to South Africa for further treatment when he was found dead.

A post-mortem report showed that he died as a result of drowning and chronic kidney disease.

Mr Baburam and his family were on vacation when death struck. But his demise took a sharp twist one year later when his wife Amina Shiraz Yakub was charged with the death of her husband.

Adopted a third child

Just five days to the first anniversary of his death, Mr Baburam’s father — David Baburam Jagatram — filed a case at the Milimani High Court seeking to delay appointment of administrators and distribution of wealth.

The senior Baburam is a retired KDF officer.

Jimmy’s Will listed his wife and father as administrators. While the couple had two children, they had also adopted a third child. At the time of his death, the lastborn was in kindergarten.

Things, however, took a fresh twist three months later when Ms Yakub was charged with the murder alongside an American citizen identified as Jacob Schmalzle and Sergeant Abdi Sheikh — a Watamu-based police officer who was accused of concealing evidence to botch the murder investigation.

Ms Yakub and Sergeant Sheikh have also been separately charged with conspiracy to defeat justice, with prosecutors arguing that the police officer received a bribe to disrupt the murder probe.

Ms Yakub is out on a bond of Sh10 million but was also ordered to get two sureties of the same amount. She also has to report to Gigiri Police Station’s commanding officer once every week until the trial is complete.

The Office of the Director of Public Prosecutions had opposed Ms Yakub’s release, arguing that her frequent travel outside Kenya made her a flight risk and that she had a pending application for US citizenship.

Ms Yakub, however, held that she has never been charged with any other offence and that she attended all inquest sessions before the trial.

A petition she filed seeking to quash the murder and conspiracy charges was dismissed last July when Justice Weldon Korir ruled that there was no sign of malice by the DPP’s office in charging her with both crimes separately.

Mr Schmalzle is now a fugitive wanted by Interpol as he was charged in absentia.

The court case followed an inquest into Jimmy Baburam’s death, which was attended by both Ms Yakub and Mr Schmalzle.

Mr Jimmy Baburam was a wealthy man, but the full extent of his assets is yet to be publicly disclosed. Sh60 million that Jimmy Baburam had in cash is now part of a bitter succession feud between his father and the widow.

Last Friday, Justices Erastus Githinji, Fatuma Sichale and James Otieno-Odek refused to suspend a High Court ruling, which delayed distribution of Mr Baburam’s assets until Ms Yakub’s criminal case has been determined.

“In making the order for a third administrator, the (High Court) judge exercised her discretion in determining the best interest for the estate taking into account the existing murder charge against the applicant, the alleged bad blood between the joint administrators and their filial relationship. This court has oftentimes stated it will not interfere with the exercise of discretion by a trial court,” the appellate court judges ruled.

The ruling followed Ms Yakub’s application to allow distribution of her husband’s estate. Her father-in-law maintains that sharing should only be done after determination of the criminal case.

The ruling means the money can be deposited with an asset management firm even as Ms Yakub’s appeal and criminal trial proceed.

Last year, Senior Baburam asked the High Court to suspend execution of administration authority given to both him and Ms Yakub until the murder case is concluded.

Source: Daily Nation

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Pregnant? It is now harder to get a US Tourist Visa after Trump introduces new rule

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The US State Department on Thursday published a new rule aimed at denying tourist visas to pregnant women if consular officials believe the primary purpose of their visit is to give birth in the United States.

The Donald Trump administration said it is seeking to end “birth tourism”, which is the practice of pregnant foreign women visiting the US to give birth so that their babies can acquire American citizenship.

Under the new rule, consular officials at the embassy will have authority to deny a B non-immigrant visitor visa to an applicant if they believe their “primary purpose” is to give birth in the US.

“If a consular officer has reason to believe a B non-immigrant visa applicant will give birth in the United States, the applicant is presumed to be seeking a visa for the primary purpose of obtaining US citizenship for the child,” the rule reads in part.

According to the rule, in order to get a visa, the applicant must establish, to the satisfaction of a consular officer, a legitimate primary purpose other than obtaining US citizenship for a child by giving birth in the United States.

White House Press Secretary Stephanie Grisham on Thursday issued a statement saying that the new rule closes an immigration loophole that creates burden on hospital resources, adding that it “will also defend American taxpayers from having their hard-earned dollars siphoned away to finance the direct and downstream costs associated with birth tourism.”

The State Department however clarified that it will continue issuing visitor visas to pregnant women whose travel purpose is to seek medical treatment in the US.

The applicant will also need to provide to the consular officer that a medical practitioner or medical facility in the US has agreed to offer such treatment.

The Associated Press last year reported that most of the “birth tourists” are women from China, Russia and Nigeria.

President Trump has long expressed his opposition to birthright citizenship, which grants citizenship to all persons born in the United States.

In 2018, he threatened to end, through an executive order, automatic citizenship to babies born in the US to non-citizens.

“So-called Birthright Citizenship, which costs our Country billions of dollars and is very unfair to our citizens, will be ended one way or the other,” President Trump twitted in 2018.

Donald J. Trump

@realDonaldTrump

So-called Birthright Citizenship, which costs our Country billions of dollars and is very unfair to our citizens, will be ended one way or the other. It is not covered by the 14th Amendment because of the words “subject to the jurisdiction thereof.” Many legal scholars agree…..

55.5K people are talking about this

Legal scholars have however said the president does not have authority to end birthright citizenship, which is guaranteed in the 14th amendment of the US constitution.

“It’s ridiculous. And it has to end,” said Trump of the U.S. Constitution’s 14th Amendment that grants U.S. citizenship to those born on U.S. soil.

The new rule becomes effective on Friday, January 24, when it is published in the Federal Register.

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US Government Announces Eligible countries for H-2A and H-2B Visa Programs in 2020 and Kenya is not among them

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U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS), in consultation with the Department of State (DOS), have announced the list of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in 2020. The notice listing the eligible countries will be published in the Federal Register on Jan. 17, 2020.

For 2020, the acting secretary of Homeland Security has determined, with the concurrence of the Office of the Secretary of State, that the countries designated as eligible in 2019 will remain unchanged.

DHS maintains its authority to add countries to the eligible countries list at any time, and to remove any country whenever DHS and DOS determine that a country fails to meet the requirements for continued designation. Examples of factors that could result in the exclusion of a country or the removal of a country from the list include fraud, abuse, denial rates, overstay rates, human trafficking concerns, and other forms of noncompliance with the terms and conditions of the H-2 visa programs by nationals of that country.

The H-2A and H-2B visa programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural and nonagricultural jobs, respectively. Typically, USCIS approves H-2A and H-2B petitions only for nationals of countries that the secretary of Homeland Security has designated as eligible to participate in the programs.

However, USCIS may approve H-2A and H-2B petitions, including those that were pending as of the date of the Federal Register notice, for nationals of countries not on the list on a case-by-case basis only if doing so is determined to be in the interest of the United States.

Effective Jan. 19, 2020, nationals of the following countries are eligible to receive H-2A and H-2B visas:

Andorra Finland Malta Serbia
Argentina France Moldova* Singapore
Australia Germany Mozambique Slovakia
Austria Greece Mexico Slovenia
Barbados Grenada Monaco Solomon Islands
Belgium Guatemala Mongolia South Africa
Brazil Honduras Montenegro South Korea
Brunei Hungary Nauru Spain
Bulgaria Iceland The Netherlands St. Vincent and the Grenadines
Canada Ireland Nicaragua Sweden
Chile Israel New Zealand Switzerland
Colombia Italy Norway Taiwan**
Costa Rica Jamaica Panama Thailand
Croatia Japan Paraguay* Timor-Leste
Czech Republic Kiribati Papua New Guinea Tonga
Denmark Latvia Peru Turkey
Dominican Republic* Liechtenstein Poland Tuvalu
Ecuador Lithuania Portugal Ukraine
El Salvador Luxembourg Romania United Kingdom
Estonia North Macedonia Samoa Uruguay
Fiji Madagascar San Marino Vanuatu

*Moldova, Paraguay, and the Dominican Republic are eligible to participate in the H-2A program, but they are not eligible to participate in the H-2B program.

**Regarding all references to “country” or “countries” in this document, it should be noted that the Taiwan Relations Act of 1979, Pub. L. No. 96-8, Section 4(b)(1), provides that “[w]henever the laws of the United States refer or relate to foreign countries, nations, states, governments, or similar entities, such terms shall include and such laws shall apply with respect to Taiwan.” 22 U.S.C. § 3303(b)(1).

Accordingly, all references to “country” or “countries” in the regulations governing whether nationals of a country are eligible for H-2 program participation, 8 CFR 214.2(h)(5)(i)(F)(1)(i) and 8 CFR 214.2(h)(6)(i)(E)(1), are read to include Taiwan. This is consistent with the United States’ one-China policy, under which the United States has maintained unofficial relations with Taiwan since 1979.

This notice does not affect the status of H-2 beneficiaries who currently are in the United States unless they apply to extend their status. It does apply to nonimmigrants changing status in the United States to H-2A or B. Each country’s designation is valid, subject to removal for failure to meet the requirements for continued designation, from Jan. 19, 2020, until Jan. 18, 2021.

For more information on these programs, see the H-2A Temporary Agricultural Workers and H-2B Temporary Non-Agricultural Workers pages on our website.

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Rare migratory bird lands in Kenya after flying 6,948 kilometers from Finland

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By JUDITH GICOBI

A rare species of a migratory bird has landed in Kenya from Finland Northern Europe after covering a distance of 6,948 kilometers (4,317 miles).

The Osprey bird species perched in West Imbo in Bondo, Siaya County, on January 20th, 2020. The rare bird was seen by Walter Oloo and reported to the Kenya Wildlife Services (KWS) team in Siaya, Citizen Digital reports.

The bird was found in a fishing net where it was caught, but it seemed to have struggled to get itself out. It had bruised legs that still looked healthy despite losing some weight and being dehydrated. 

It was then taken to KWS Veterinary Department on Thursday and treated by giving IV fluids, a proper diet and monitored before being returned to the wild.

Going by the refereeing ring on its leg, the origin of the bird was established. It indicates it was ringed in Finland (Museum Zool, Helsinki Finland, M-68528).

Head of Veterinary Services Dr. David Ndeereh, said KWS will try to obtain more information about the bird by sharing the information with the East Africa Bird Ringing Association. 

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