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Magistrate accused of chatting on phone during court session

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A Malindi-based magistrate could face disciplinary proceedings at the Judicial Service Commission (JSC) after being accused of disrupting court proceedings by surfing the web and chatting on her cell phone.

The petition submitted to the JSC also accuses the magistrate, Dr Julie Oseko, of leaving the courtroom at one point during the proceedings to answer a call.

The magistrate’s accuser, 54-year old Turkish tycoon Elsek Osman, is facing defilement charges involving minors.

In the petition, Mr Osman wants the magistrate to recuse herself from the case, saying her lack of concentration resulted in gaps in the court proceedings and distortion of testimony.

Court documents seen by Nation indicate that as the minors were testifying, the magistrate was allegedly busy on her phone chatting and occasionally leaving the chambers to answer calls while witnesses were still testifying.

SWORN AFFIDAVIT

According to the application supported by Mr Osman’s advocates Cliff Ombeta and Daniel Wamotsa in a sworn affidavit, the magistrate “was not attentive while presiding over the matter, leading to glaring errors in the proceedings as well as missing evidence in his favour”.

Mr Maurice Mkan, an advocate representing witnesses and their parents and Commission for Human Rights and Justice that carried out parallel investigations into the case, has also sworn an affidavit affirming that the magistrate’s written court records do not reflect a true account of witness testimonies.

“Dr Oseko was texting, making calls and using her phone surfing on the internet on several occasions hence disrupting the court proceedings,” Mr Osman says. who is facing ten counts of child defilement say sin his petition.

The defilement case is scheduled for mention on Monday.

 

By nation.co.ke


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Entertainment

‘I regret…’ Anne Kiguta opens up about posting her daughter on social media

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TV news anchor Anne Kiguta has announced that she would like to share with her fans more about her life.

However, she draws a line on exposing her children to the limelight.

Anne has three children, one from her previous marriage and fraternal twins with Jomo Gecaga.

Responding to a fan who asked her about her babies, Anne posted a photo of her and her twins but blocked out the faces.

In her response she explained,

“Gosh, so many of you have said this… was the number one response. Well, I will have to let you down on that my loves.”

She added,

“I’m rather traditional (believe it or not) so I’m vehemently against it. My babies are are all still too young, including the eldest, to be on social media.”

Anne continued,

“In fact I really regret having posted my eldest at all. Mummy already has a pretty public life. They deserve their privacy.”

But not to break her fans hearts, Anne promised,

“A reference every once in a while but nothing more than that for a long long time.  Hope  you understand.”

In another post she still emphasized,

“That is my son. Quite the charmer. If only I could tell you half of what they say! But all these are are to me sacred moments…really can’t share much more.”

Not to be daunted though, Anne promised to talk about other aspects of her life.

Here are the various topics she is open to talking about.

By Mpasho.co.ke


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Health

Shock as man ‘resurrects’ in a Kericho mortuary

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There was drama at Kapkatet sub-county hospital in Kericho on Tuesday night when a 32-year-old man who had been presumed dead and taken to the mortuary regained consciousness close to three hours later.

Mortuary attendants were getting ready to embalm Peter Kigen’s body when they noticed some movements.

Kigen, a resident of Kibwastuiyo village in Bureti Constituency, is said to have collapsed while at home before his family took him to hospital.

His younger brother, Kevin Kipkurui, said he was present when Kigen collapsed. With the help of their cousin, they took Kigen to the hospital at 5.30 pm.

“When we arrived at the casualty department, we met a doctor who asked us to register the details of the patient at the reception while he attended to him,” Kipkurui, who was still in shock, told The Standard.

After registering the patient, Kipkurui said he was again asked to the National Hospital Insurance Fund desk for further documentation of his brother.

Kigen reportedly suffers from a chronic illness.

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“When I went back to the casualty department at around 7.45 pm, I learnt my brother was dead. A nurse told me that he died long before we arrived at the hospital,” Kipkurui said.

He added: “The nurse later handed me a document to take to the mortuary attendant before my brother’s body was moved to the morgue.”

However, at 10.30 pm, Kipkuriu said, as they were waiting for embalming of Kigen’s body, they were informed that in fact, he was not dead.

Mortuary attendants who mummified the body told them that Kigen had regained consciousness.

“The mortician called me into the morgue and we saw him make movements. We were shocked. We could not understand how they could move a person who is still alive into the mortuary,” Kipkurui said.

Kigen, who spoke from his hospital bed yesterday, said he was shocked to learn that he was thought to have died and even taken to the mortuary.

“I cannot believe what just happened. How did they establish that I was dead?” he said.

Kirui, who donned his light-blue hospital uniform, was nevertheless happy to be alive and vowed to dedicate his life to evangelism once he’s discharged from hospital.

“I did not even know where I was when I regained consciousness, but I thank God for sparing my life. I will serve him for the rest of my life,” he said.

The hospital’s medical superintendent Gilbert Cheruiyot said Kigen was in critical condition when he was brought in.

Dr Cheruiyot said: “His relatives presumed he was dead and did not even wait for certification of death. They moved him to the mortuary, on their own.”

He said the clinical officers at the casualty were busy attending to other critically ill patients when Kigen was brought in, including an epileptic and a diabetic patient.

“They asked Kigen’s relatives to give them some time but they accused the clinicians of taking too much time and decided to take him to the mortuary. It was while the mortician was getting ready to embalm his body that she noticed some signs of life,” said Cheruiyot. He said the mortician informed the team at the casualty department which took Kigen back and begun resuscitating him. The process took three hours before the patient was stabilised.

“The patient was later taken to the ward and is responding well to treatment. We hope to discharge him in a few days,” Dr Cheruiyot said yesterday.

He added: “I advise those bringing their loved ones to the hospital to follow the laid down regulations. Before a body is moved the mortuary, it has to be certified by a clinician. In Kigen’s case, we can only say he was lucky, especially because of our qualified mortician who checked him before making any move,” said Cheruiyot.

The bizarre incident saw local MCAs, led by the Majority Leader Hezron Kipngeno, storm the hospital. This is after Chelanget MCA Hezborn Tonui demanded a statement from the heath committee over the incident that shocked the county.


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Diaspora

VIDEO: 28 year old Kenyan woman marries a 60 year old German and tongues can’t stop wagging

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Ciru Njuguna is 28 and her husband Greg Twiss is 60. Please don’t let that age gap fool you, these two deeply love each other and they are living their best life together.

But when people say Ciru is just after Greg’s money and he will end up in a septic tank, that gets to her. She is not ashamed of her relationship and strongly urges the public to let other people be.

“My German husband is older than my father. People say I am his slave and he is a colonial master,” she says.

She sat down with Lynn Ngugi for this exclusive episode of Tuko Talks and this is her story.


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