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Family declines Sh2m compensation after Thika man died in steel firm’s furnace

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By Judith Gicobi

The victim’s family has refused a Sh2 million compensation package provided by a steel company after their kin was killed in a furnace.

Caleb Otieno’s family had been promised Sh420, 000 by the administration of Thika-based Blue Nile Rolling Mills Limited. The proposal, on the other hand, was met with fury.

Lawyers have argued that the family should receive at least Sh20 million in compensation for Otieno’s demise, which happened late last month.

The company contacted the family a second time with a proposal, which the family again declined, claiming it was too little for a life lost.

The Sh420, 000 offer was made just days before Otieno was laid to rest in his home county of Kisumu on April 9.

As negotiations appear to have broken down, the family now claims that the settlement sum must be decided by the courts.

In an interview with the a local daily yesterday, Otieno’s brother, John Agwambo, said Blue Nile Rolling Mills Limited had written to them, asserting that the best they could give was Sh2 million, which was the comparable of the gross pay their son would have earned from the firm for eight years if he had not died.

According to the document, which was signed by Mr Charles Theuri, the county Occupational Safety and Health officer, the firm acknowledges that Otieno died while serving at their premises and supports the settlement under The Work Injury Benefits Act No 13 of 2007.

‘With reference to the accident that occurred on 25/03/ 2022 to Caleb Otieno Oraro employed by you as furnace charger, compensation payable to the employee is assessed at Sh2,029,248,00 calculated as follows. In respect of 100 per cent permanent disablement…100 per cent of 96 months total earnings of Sh21, 000,” the letter reads in part.

Lawyers and human resource professionals had already expressed their displeasure with the Sh420, 000 offer.

Lawyer Donald Kipkorir, encouraged the deceased’s family not to consider a compensation below Sh20 million.

The proposal to the family, Mr Kipkorir informed the local daily, was not in accordance with the Worker Injury Benefits Act.

He additionally claimed that Otieno could have retired at the age of 60 or 65.

Justice

VIDEO: Jaque Maribe, Jowie have a case to answer over Monica Kimani’s death, stare at long jail terms

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Former Citizen TV Journalist Jacqueline Maribe and her ex-boyfriend Joseph Irungu (alias Jowie) have a case to answer over the murder of Monica Kimani, the High Court in Nairobi has found.

Presiding judge  Grace Nzioka on Wednesday said the prosecution had established a prima facie case to warrant putting Jowie and Maribe on their defence which puts the ex-lovers at risk of getting the maximum death penalty should they fail to adequately defend themselves.

“I have had the benefit of going through the evidence and submissions and the court is satisfied that the prosecution has established a prima facie case to place each of the accused persons on their defence,” ruled Nzioka.

Following the latest development, Jowie and Maribe will now have an opportunity to bring their counter evidence and witnesses to prove their innocence over the murder of Ms Kimani before the judge determines whether to sentence them or not.

Lawyer Hassan Nandwa, who represented  Jowie,  told the court that his client will submit a sworn affidavit and call one witness while Maribe said she would call six witnesses in her defence later in May this year when the matter will be heard.

Ms Kimani was murdered on the night of September 19, 2018, at her Lamuria Gardens apartment in Kilimani, Nairobi County just hours after she returned from a business trip to South Sudan.

The prosecution’s position has been that that Jowie and Maribe had a common intention to murder the businesswoman after which they hatched an elaborate plan to cover up the killing before investigators caught up with them.

This comes after the last witness in the trial, Chief Investigating Officer Maxwell Otieno, in June 2022 placed Jowie – the first accused – at the scene of the crime in Lamuria Gardens on the night Monica is alleged to have been murdered.

The witness, who took the court through items collected during the investigations and submitted them as exhibits, told the court that Jowie and Maribe jointly murdered the 29-year-old Jubabased businesswoman in September 2018.

Officer Otieno said that through forensic analysis exhibited in call data, Jowie was captured leaving the scene of the murder at 2335 hours; this was confirmed by Jowie’s friend Jennings Orlando.

According to eyewitness accounts, Jowie was also the last known person to be with the deceased before her death.

The witness told the court that the two accused persons gave contradicting statements to investigating teams in relation to Jowie’s injuries at  Maribe’s house in Royal Park Estate.

The two claimed Jowie had been attacked by thugs but investigating officers proved that the injuries were self inflicted using a neighbour’s firearm.

The prosecution displayed items collected in the duration of the investigation and submitted them as exhibits.

Maribe was a tv star prior to Ms Kimani’s death and Jowie was at one time worked for a security contractor.

The court has scheduled the defence hearing for May 11 and 12, 2023.

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Justice

How fallen IEBC man’s phone led police to four suspects

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By Wanja Waweru

Four persons were detained on Tuesday after they were discovered in possession of a cellphone belonged to the assassinated Daniel Musyoka, a member of the Independent Electoral and Boundaries Commission.

The men were detained by police as suspects in the murder of Musyoka, whose body was found in Loitoktok, Kajiado on August 15, days after he had been abducted by unidentified individuals from the Embakasi region.

In the elections on August 9, he served as the returning officer for the Embakasi East constituency.

According to the police, the arrested suspects handled the deceased’s cellphone and formatted it before selling it to a gullible Kisii woman.

Three mobile phone repair technicians from the Central Business District are among the accused.

Before apprehending the other males who had touched the device, the detectives in charge of the case claimed they found the woman in Kisii and recovered the phone.

Three days after Musyoka went missing, on August 14, one of the suspects told authorities he found the phone on Mombasa Road.

He subsequently took it to the city center’s specialists for formatting and repairs.

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Courts

House girl jailed for reportedly feeding mucus to employer’s baby

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By Judith Gicobi

20-year-old Catherine Mukoya Nalianya was found guilty of allegedly giving her employer’s five-month-old infant mucus and vaginal discharge.

Nalianya was criticized by Nairobi court Magistrate Festus Terer of the Children’s Court for acting inhumanely and animalistically.

According to Mr. Terer, the accused exposed the infant to dangerous, incurable infections.

Additionally, he stated that the child was innocent and was made to gulp and ingest harmful discharges.

“The accused herein is guilty of child abuse contrary to section 22 1 (a) of the Children’s Act,” ruled Mr Terer.

The infant used to be threatened and slapped by Nalianya when he hesitated to feed on the discharges, the prosecution told the court.

They want a severe prison sentence to serve as a deterrent to others who exhibit such vicious behavior.

“From the evidence tendered before this court, the prosecution has proven beyond reasonable doubt you abused the rights of the child,” ruled Mr Terer.

He rejected Nalianya’s justification that she had been set up.

She asked for mercy, stating that because she is the only provider for her family and has a three-year-old, a jail term would be detrimental to the toddler.

According to Mr. Terer, Nalianya warranted a prison sentence because the offense was so heinous.

She repotedly committed the crime in July 2022 in Fedha Estate, Nairobi.

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