Philip Murgor: Why I Would Make A Better Chief Justice Than Maraga

Following the retirement of David Kenani Maraga as Chief Justice on Monday, January 11, 2021, the highly coveted seat has been linked to a host of possible successors such as Supreme Court Judges Smokin Wanjala, Njoki Ndung’u, and Isaac Lenaola.

Acting CJ Philomena Mwilu, Court of Appeal President William Ouko, and former Attorney General Githu Muigai have also been tipped to succeed Maraga.

Among the frontrunners is Philip Murgor as well; the former Director of Public Prosecutions believes he is the best candidate for the powerful seat.

In an interview with the Star, Murgor intimated that he would make a better Chief Justice than Maraga. He gave the former CJ a score of 65 percent saying he was reasonably good at maintaining the rule of law and constitutionalism.

Murgor, however, pointed out some aspects where he believes Maraga failed. The former CJ often complained publicly about the Judiciary budget and sharply criticized President Uhuru Kenyatta for failing to appoint 41 judges.

Maraga Lacked Diplomatic Skills

According to Murgor, Maraga ought to have been more diplomatic in reaching out to the Executive.

“I think Maraga lacked diplomatic skills in his leadership. Addressing the press to castigate and impute improper motive on the part of the duty bearers in government cut the leverages that he may have had to get things done,” he was quoted as saying.

Murgor, 60, said should he succeed Maraga, he would adopt budget cuts.

“First, everybody and anybody knows that the country has been experiencing economic hardship for over two years now. As the CJ, I would start by appreciating this fact and inculcate it in my planning,” Murgor said.

“Getting budgetary allocation requires negotiation and dialogue, not grandstanding.”

Compromise On 41 Judges

On the issue of the 41 judges, Murgor said he would make a compromise rather than public agitation. He said instead of demanding that all the judges be sworn in, he would negotiate with the President to have those whose names are clear be appointed first.

“This is a compromise. You say, if I can’t get the whole thing because of whatever reason, then let’s start with the less contentious ones,” he said.

On the matter of the State ignoring various court orders, Murgor said most of the orders were still subject to litigation and appeals.

“The fact that you can sit here and do the interview, media operating freely and speech is not restricted, is enough testament of our democracy,” he said.

Corruption In The Judiciary

The former DPP who served between 2003 and 2005 before he was unceremoniously sacked also spoke about corruption in the Judiciary. He said graft in the corridors of justice is perpetuated by advocates who have formed cartels that intimidate judges and extract the orders that they want.

“These lawyers are well-known,” he said, without giving names.

To deal with them, he said, he would focus on implementing policies that smoke out the corrupt and ensure that only judges of integrity serve.

Regarding backlog and delays in dispensation of justice, Murgor told the Star that technology and implementation of the performance contract management mechanism introduced by Maraga would be part of his strategy.

“The Judiciary is one of the most efficient public institutions, thanks to the efforts by retired chief justices Maraga and [Willy] Mutunga,” he said.

Adding: Mutunga brought one of the most brilliant reforms. My work would be to follow them through and implement them to the letter.”

— Additional Reporting by the Star

 

source http://nairobiwire.com/2021/01/philip-murgor-why-i-would-make-a-better-chief-justice-than-maraga.html

Police Are Not Enemies – Uhuru Urges Kenyans To Support Officers In Maintaining Law And Order

President Uhuru Kenyatta has called on Kenyans to support the police and other security agencies in maintaining law and order saying the officers are doing a great job of keeping the country safe.

At the same time, the Head of State reiterated his administration’s commitment to ensuring that the National Police Service (NPS) is adequately resourced to effectively and efficiently discharge its solemn mandate.

“Police officers are not enemies. They are our friends. It is upon us, as citizens to obey the law and do what we are directed to do in line with the law. If we continue that way, I am confident that our nation will be safe and prosperous,” the President said.

President Kenyatta spoke Tuesday afternoon in Ngong, Kajiado County where he presided over the groundbreaking ceremony for the construction of the National Police Leadership Academy.

The construction of the academy will take one year at an approximate cost of Kshs 1 billion and is being financed by the Central Bank of Kenya as part of long and broad symbiotic partnership between the NPS and financial institution.

The ultra-modern facility, to be constructed on an 18-acre parcel of public land within Embulbul township, will include accommodation facilities for 220 persons, lecture rooms, an auditorium with a seating capacity of 450 people, kitchen and dining amenities as well as sports and recreational facilities.

The President noted that the construction of the leadership academy is part of ongoing reforms in the police service to make it more effective, efficient and responsive to the demands of 21st-century law enforcement.

“On assumption of the leadership of our country, my Administration adopted a comprehensive reform program for the security sector which was intended to reposition it to serve Kenyans better.

“Since then, we have improved the funding of the police security sub-sector two-fold in addition to significantly promoting the welfare and capabilities of the security sector,” the President noted.

He outlined the acquisition of over 3,000 leased police vehicles, the construction and equipping of a modern forensic laboratory and recruitment of more officers as some of the milestones achieved in reforming the law enforcement agency.

The President hailed the partnership between NPS and the Central Bank of Kenya in setting up the college saying the initiative is a good example of how the whole-of-Government approach is working under his Administration

“Today’s occasion is the most recent evidence of how Government institutions can come together to build synergy and enhance service delivery,” the Head of State said.

President Kenyatta pointed out that the Government has also placed emphasis on multi-agency approaches to security management by clearing the structural bottlenecks that hampered the seamless delivery of security services in the past.

“In the recent past, I have commissioned the National Air Support Department and the National Security Telecommunications Service, which are initiatives aimed at harmonizing and enhancing efficiency of our multi-agency security operations,” the President said.

Interior Cabinet Secretary Dr Fred Matiang’i, who also spoke at the groundbreaking ceremony, thanked President Kenyatta for advancing a wide range of reforms that have boosted the effectiveness of the country’s security sector.

“For the last three years, Your Excellency, you have been implementing a very transformative agenda in terms of how the police are going to be managed and equipped to work and deliver results,” Dr Matiang’i said.

Central Bank of Kenya Governor Dr Patrick Njoroge and NPS Inspector General Hilary Mutyambai also spoke at the event attended by Kajiado Governor Joseph Ole Lenku among other local leaders and senior Government officials.

Courtesy: PSCU

source http://nairobiwire.com/2021/01/police-are-not-enemies-uhuru-urges-kenyans-to-support-officers-in-maintaining-law-and-order.html

Students Be Warned: DCI Is Keeping Records Of Your Criminal Activities

The Directorate of Criminal Investigations (DCI) has warned students in Kenya that it will be collecting and keeping records of learners involved in criminal conduct.

This follows increased cases of juvenile delinquency and students’ unrest in various schools across the country.

Apart from prosecuting students involved in criminal activities, the DCI says it will archive charges preferred against them to be produced on their police clearance certificate. This with a view to potentially ruining their chances of employment.

“This is to warn every student that the DCI is archiving and consolidating charges that may be preferred to each and every student involved in any crime. Let each student be informed that it will automatically be reflected on the police clearance certificate commonly referred to as Certificate of Good Conduct when such a student will apply for one,” the DCI announced via Twitter.

The DCI listed crimes such as armed and violent demonstrations, arson, drugs, cyber-bullying, assault, and drunkenness.

The criminal profiling will apply to students from primary, secondary, and tertiary institutions.

“This will be a permanent criminal mark that will bar many students from achieving their goals, as no employer of worth will dare employ such characters,” the DCI added.

source http://nairobiwire.com/2021/01/students-be-warned-dci-is-keeping-records-of-your-criminal-activities.html

All The Trending Pics This Wednesday

Here are the trending pics, memes and tweets in Nairobi today.

source http://nairobiwire.com/2021/01/all-the-trending-pics-this-wednesday-16.html

Kimilili Students Stage Violent Protest After Prefect Assaults Student Over Marijuana

St Luke’s Kimilili boys high school in Bungoma county has been closed indefinitely after students went on the rampage following the alleged assault of a student by a prefect.

The school’s head boy is said to have assaulted the Form Two student over marijuana possession, sparking a violent protest on Sunday night.

“It is alleged that the students went on strike after a head boy punished one of them who was found with bhang, however, we have launched investigations,” said Bungoma North OCPD Stephen Mwoni.

Angered by the punishment, students destroyed school property of unknown value including smashed windowpanes of laboratories, classes, teachers’ offices, and the office of the deputy principal. They also engaged anti-riot police in running battles from 9 pm to about 6 am.

Students who spoke to the press claimed the prefect had confronted the student over suspicion of possessing marijuana.

The head boy reportedly demanded that the student mentions other marijuana smokers while assaulting him with wires on his back, causing severe injuries.

It is when the boy went back to his colleagues in the dormitory and showed then his injuries that the students became agitated.

“When we went to report to the deputy academic master, he said to hold the story and we solve it amicably, something that did not go well with us,” a student who sought anonymity told the Nation.

The learners also complained that police used excessive force to contain the demonstration.

“We are wondering why police had to teargas us and fire at us when we were only holding peaceful protests for one of our own who had been brutally beaten,” said another student.

“We want Magoha to come and intervene…Our teachers have given prefects too much power…they even eat more food than other students and are listened to more than the rest of us,” added another student.

source http://nairobiwire.com/2021/01/kimilili-students-stage-violent-protest-after-prefect-assaults-student-over-marijuana.html

CS Amina Lectures Contractor Over Stalled Stadium: “You’re Embarrassing The Govt”

Sports Cabinet Secretary Amina Mohamed on Tuesday read the riot act to a contractor over the stalled construction of Kipchoge Keino Stadium in Eldoret.

The facility has been under construction since 2017 and was supposed to be ready by December last year. By Tuesday, however, the contractor —Shiv Construction Company — was starting to construct the second floor of the pavilion and VIP terraces.

This left CS Amina shocked when she toured the site accompanied by a team from the President’s Delivery Unit.

She wondered why the Sh304 million stadium was delayed despite the ministry pumping Sh100 million.

“Hand over the project to another capable contractor if you are not ready to complete it. I can’t be here every time and getting the same answers on why the stadium is not being completed,” Ms. Amina told the director of the company.

The contractor who appeared unmoved told Amina that the government had delayed in disbursing funds.

“We are committed to completing this project but we also want the release of funds hastened,” the contractor said.

But CS Amina disputed the claim saying the project so far gobbled up over Sh100 million.

“You have swallowed Sh100m of government money and the work you have done does not measure up with the funds. You are embarrassing the government,” she retorted.

At some point, Amina told the seemingly unshaken contractor to look her in the eye and assure her that he would complete the project before June.

“You are speaking to me when facing the other side. How can I know whether you are lying or saying the truth,” the CS said.

To which the contractor responded: “I am committed to completing the project.”

CS Amina said resolved to deploy a team of officers from the ministry and Sports Kenya to camp at the site until the stadium is completed.

Uasin Gishu Governor Jackson Mandago told the contractor that he had a bad attitude towards the project and should hand it over to another company.

“The whole country is looking at this project for athletics performance and training. Some of us carry public interest and you have embarrassed all of us,” the Governor said.

He continued: “You were born in Uasin Gishu and you understand the challenges that our athletes face. You have been paid money by the government, why can’t you work 24 hours a day to complete this project?”

CS Amina also toured the stalled Kamariny Stadium in West Pokot where a contractor had his contract canceled in October last year.

source http://nairobiwire.com/2021/01/cs-amina-lectures-contractor-over-stalled-stadium-youre-embarrassing-the-govt.html

I Am Relieved, Says Julius Wambua After Court Terminates Retrial Of Incest Case

Julius Wambua, the man who was sentenced to life in prison in 2011 for allegedly raping his daughter, is a relieved man after a court terminated his retrial.

Mr Wambua had already served eight years in prison before his daughter Dorcas Mwende recanted her damning statement saying she had been coached by her mother Jackline Nzilani to frame him.

Last December, High Court Judge George Odunga overturned the sentence and released Wambua on a cash bail of Sh30,000 pending retrial.

On Tuesday, January 26, a Kithimani court quashed a retrial after the Director of Public Prosecutions (DPP) terminated the criminal proceedings.

“I have proceeded to terminate the charges under Section 25 of the Office of the Public Prosecutions Act. The cash bail is to be released to the depositor,” senior resident magistrate Ms Eva Wambugu ruled.

Mr Wambua said he was relieved by the court’s ruling saying his newfound freedom would enable him to focus on settling down.

“I have been carrying a heavy burden on my shoulders but now I am relieved. I am glad the Kithimani court has put an end to the criminal proceedings,” he said.

Wambua is, however, not out of the woods completely as the DPP had earlier indicated that he is seeking to appeal the High Court decision quashing his conviction.

“We await to be served with the appeal to see what concerns they are raising, what areas of dissatisfaction they have with the judgement of the High Court and then we shall respond and the Court of Appeal will hear us and finally render its final decision,” Wambua’s lawyer, Cyrus Maweu, said on Tuesday.

The 56-year-old worked as a guard at a Kenya Wines Agencies Limited orchard in Yatta, Machakos County when he was arrested on April 28, 2011.

Read: Girl Who Framed Father For Rape Appeals For Help To Sit KCSE Exams

source http://nairobiwire.com/2021/01/i-am-relieved-says-julius-wambua-after-court-terminates-retrial-of-incest-case.html