POLICE OFFICER ACCUSED OF DEFILING GIRL AGED 16 YEARS SET FREE BY COURT

By FAITH NYAMAI

nyamaif@gmail.com 

A police officer who allegedly defiled a 16 year old girl who had been held in a police cell has been set free by the court.

Nyeri law court’s chief John Onyiego set free Police constable Keffer Koome on Thursday and ruled out that the prosecution did not provide enough evidence to prove that indeed the police officer committed the crime.

Mr Onyiego said the evidence given before the court was that Mr Koome took the girl from police cells at Ichuga police patrol base in Nyeri and took her to his house where he allegedly defiled her but there is nothing to show that the girl was defiled.

“The court has established that the blood stains found on the girl’s clothes were as a result of her menstrual blood and therefore there is no evidence before this court to prove that indeed the accused person defiled her,” said Mr Onyiego.

Mr Onyiego said the only offence that the police officer should have been charged with was misuse of powers for removing an inmate from police cells and taking her to his house illegally.

However he said he cannot punish the officer with the offence as the charge was never brought before him.

“The prosecution has failed to prove that the blood found in the girl’s clothes was as a result of being defiled by the accused person,” said Mr Onyiego.

Mr Koome is accused of committing the offence at Ichuga police patrol base on November 22 last year.

He is also faced an alternative charge of allowing his private parts to touch the private parts of the girl.

The court heard that the girl had been arrested by police and taken to the station after her husband accused her of setting their house on fire after disagreement.

The court also heard that Mr Koome was on duty at the station when he found the girl inside the police cells with other inmates, forced her out and lead her to his house where he defiled her.

Police said they rescued the girl from Mr Koome’s house where they found him with the girl on his bed defiling her.

The chief magistrate acquitted Mr Koome off the defilement charge and the alternative charge.

Diginitaries arrive at Othaya for the burial of former first Lady Lucy Kibaki

By FAITH NYAMAI

@faithnyamai 

From far and wide  thousands of Nyeri residents and dignitaries flocked to the Othaya approved school  ground to bid farewell to  Former First Lady Mama Lucy Muthoni Kibaki yersterday in Othaya.

Over 10,000 among them about 1000 digitaries attended the funeral mass that had been opened to the public .Nearly, after every minute   women,men and children  from across the Eight subcounties of Nyeri county kept trooping to the ground to witness  the historical state burial.
To Rose Muthoni who had travelled  all the way from Mukurweni where Mama Lucy was born and raised to witness her burial mass, Lucy has made a great impact in her life.
Although Muthoni had never met mama Lucy  in her lifetime but had only heard of her fame and the many community developments she had involved herself in during her tenure, she has benefited from the developmental projects she started at her home area..
Those who could not make their way to the approved school ground were seen watching from  distance while others followed the happenings on screens.
Inspector general of police Joseph Boinet and Cabinet secretary internal security Joseph Ole Nkaisery were among the first dignitaries to arrives at Othaya boys  by helicopter.Mr Boinet and Mr Nkaisery later went to wait for the convey that was transporting the body of Mama Lucy.
As  the top security bosses in Kenya; the two joined the convoy at the Karatina Junction. The convey passed through   Karatina- Mukurweini and then to Othaya approved school where the burial mass was held.Former first Lady Mama Ngina Kenyatta arrived at the Othaya boys ground some minutes to 10 am accompanied by Kiambu woman rep Ann Nyokabi
2013 presidential aspirant Peter Kenneth and Secretary-General of the United Nations Conference on Trade and Development, UNCTAD Dr  Mukhisa Kituyi were also among dignitaries whose planes landed at the Othaya boys ground.
President Uhuru Kenyatta Brother Muhoho Kenyatta also arrived the Othaya boys ground some minutes past 10:30 am.

Former first Lady Mama Ngina Kenyatta arrived at the Othaya boys ground some minutes to 10 am accompanied by Kiambu woman rep Ann Nyokabi
2013 presidential aspirant Peter Kenneth and Secretary-General of the United Nations Conference on Trade and Development, UNCTAD Dr  Mukhisa Kituyi were also among dignitaries whose planes landed at the Othaya boys ground.
President Uhuru Kenyatta Brother Muhoho Kenyatta also arrived the Othaya boys ground some minutes past 10:30 am.e minutes to 11 am as former president Mwai Kibaki and his family followed from behind the hearse.
president Uhuru Kenyatta and his Deputy William Ruto arrived shortly after the body arrived.
Over 1000 dignitaries were present at the burial.

Lucy was buried at her home in Othaya at a private burial attended by 300 people among them family members and a few dignitaries.

Mama Lucy Kibaki-Profile

Internet photo(s)

 

BY FAITH NYAMAI

@faithnyamai

Known for her strong personality, protective nature and taking fearless stands when it comes to the dignity of her family, the former first lady Lucy Muthoni Kibaki is among the first ladies in East Africa and in Kenya whose memories will not be easily erased in the minds of many.

Her charming nature, charitable works and the compassionate nature she showed to her family and the community even in the glare of the media are some of the various activities she is credited for and will always be remembered for.

Born in 1934 to Reverend John Kagai and Mrs Rose Nyachomba at Mukurweini village in Nyeri County, her father was a pastor at the Presbyterian church of East Africa and the family is said to have grown under strict Christian values.

She was among 10 siblings among them four brothers who are now dead and five sisters who are now alive.

According to Ms Mary Mugai a sister to Mama Lucy, as they were growing up in the village, they only knew her as simply Muthoni, before she latter become Mama Jimmy.

“Muthoni was real friend to us as sisters, a compassionate mother and a true sister, we will always remember you for that,” said Ms Mugai during the requiem mass on Wednesday.

“She was humble, did it her way and was always true to her words,” described her grandchildren

While growing up in the village, she was known for her committed interest in working with the community and her fellow youth. She attended the Alliance girl’s high school where she left a record of her excellent performance. Her success in school made her to become among the first African women in Kenya and in her village to tutor in teacher training colleges.

She first taught at the Kamweja teachers college in Nyeri and latter at Kambui teaching college in Kiambu where she rose to be the principal.

While working as a teacher, she met the former president Mwai Kibaki in 1960 with whom they become friend which lead to their engagement. At that time Mr Kibaki had just quit his teaching job at the Makerere University in Uganda.

After two years of romance, they got married in a church wedding in 1962. Their first born daughter Judy was born latter that same year. The following year in 1963, she quit her teaching career to take care of their young family

They together had three other children, Jimmy Kibaki, David Kagai and Tony Kibaki.

Lucy is known to have lived a private life and never came in the lime light until 2002 when her husband started campaigning for the position of the presidency. Even during the time when Mr Kibaki was the MP for Othaya for many years, she was would support her husband silently, avoiding publicity.

Much of hers personality came out when she became the first lady of Kenya.

She was different, a woman with strong personality, always spoke her mind freely and honestly. She would not take anything that she did not agree with.

“She was a woman of tremendous substance and she was always courageous and always stood out as mother both in good times and in bad times, “described the deputy president William Ruto.

Lucy was a strong believer of family values. She would confront and fiercely defend the image of how people looked at her and family. She knew how to support her husband Mr Kibaki in politics and ensured that he reached his goals.

“They say behind every successful Man,there is a strong woman, Lucy was a strong woman, she was a real mother to this country and we will always appreciate and remember the roll she placed in this country when she was the first lady,” President Uhuru Kenyatta said during the requiem mass.

During the 2002 elections, Lucy would accompany his husband during political rallies telling Kenyans how Mr Kibaki was the most suitable candidate to bring a change in Kenya.

It was during a time when Kenyans taking a deep breath after 24 years of dictatorship government of the former president Mr Daniel Arap Moi. Kenyans had become tired of the Mr Moi leadership and wanted a charge of gear.

Soon after Mr Kibaki came into power, Lucy started making headlines as she could not take anything that seemed like it will belittle or damage the picture and the dignity of her family which she had spent many years building.

Because of her strong personality, she was occasionally misunderstood for the actions she took whenever someone said any negative things about her or her family. She is known to have launched verbal and at times physical attacks to diplomats and journalist.

Lucy will be more remembered for the various charitable works she was engaged in. She was among the first ladies to lead in the fight against HIV/Aids. She even chaired the Organization of the 40 African First Ladies against HIV/AIDS during her time.

She was also on the fore front in the fight against the female Genital Mutilation.

In her Mukurweini village where she was born and raised, she is known to have paid an unspecified amount of cash to Kenya Power for the village to be connected to the electricity grind. She was always there for her people and when she heard that villagers had fundraising towards certain projects Lucy never failed to show up or sent her contributions.

In 2006, the First lady led dignitaries to the Muhito PCEA church harambee where they contributed millions of shillings to its expansion. She is said to have taken part in a Sh800m water project that will ensure all residents get access to tap water at Mukurweini.

The expansion of the Mukurweini hospital is also among the projects that Lucy took part.

At her Othaya village where she was married she credited of engaging in various community based projects together with her husband. She is known to have fully supported her husband.

Across Nyeri County, She is known of her motherly and compassionate nature having sponsored many children through their education from the less fortunate families. Some of these children are yet to complete their studies.

The Mama Lucy Kibaki Hospital which was renamed from Embakasi District Hospital to Mama Lucy Kibaki hospital and opened in March 1, 2013 has remained as an icon of the charitable works she was engaged in. The Hospital has been providing accessible health services to residents.

Among other involvements she engaged herself in is becoming the Patron of Kenya Girl Guides Association of Kenya. She was dedicated and ensured that the association’s functions ran smoothly during her tenure.

Lucy was found of bright colours according to her family members. This, has prompted them to embrace the yellow as the theme colour for the ribbons worn during the mourning period and later during her burial ceremony at Othaya.

August 27, 2010 during the promulgation of the Kenyan Constitution at Uhuru Park was her last public official function to attend. After that she is known to have gone out of the public events. Even during the handing over of president Kibaki’s tenure she did not attend the ceremony.

Lucy will be remembered for her passion, inspiration, strong personality and mentorship to the youth.

The former first lady passed away on Tuesday last week while being treated at the Bupa Cromwell Hospital in South West London. She had been receiving treatment at Nairobi hospital after a short illness.

 DAILY NATION 

http://www.nation.co.ke/counties/nyeri/Contractor-church-Nyaatha-beatification-debt/-/1954190/3051128/-/15gjlbp/-/index.html

Wednesday, January 27, 2016

Contractor sues Nyeri Catholic Archdiocese over Sh14m Nyaatha beatification debt

Catholic priests during a memorial service for Sister Irene Stefani Nyaatha in October 2015. A contractor has sued the Catholic Archdiocese of Nyeri for Sh14.9 million which he says the church owes him for work done during preparations for the beatification of Sister Nyaatha in 2015. PHOTO | JOSEPH KANYI | NATION MEDIA GROUP 

In Summary

• He was to renovate and convert various units into self-contained units at a cost of Sh6.2 million.
• Through Ishmael and Company Advocates, he argues that he undertook and satisfactorily completed the various civil works as contracted.
• The church has insisted that Mr Kariuki’s company abandoned works on May 1, 2015 without notice.
• Justice John Mativo directed the case be heard on March 10, 2016. 
• By FAITH NYAMAI

More by this Author

A contractor has sued the Catholic Archdiocese of Nyeri over Sh14.9 million which he says the church owes him for work done during preparations for the beatification of Sister Irene Stefani Nyaatha in 2015.

Mr Patrick Kariuki of Pakana Enterprises in Thika has sued the archdiocese’s trustees demanding to be paid a total of Sh14,929,760 and other general damages for the work he did.

The church has, however, lodged a counter claim, saying the contractor failed to finish the work he was assigned to do, demanding that he instead pays them at least Sh7 million.

In his petition papers Mr Kariuki argues that on diverse date in February 2015, he was contracted by the archdiocese to undertake major construction works and furnishings at the archdiocese’s Bishop Kirima hostels.

He was to renovate and convert various units into self-contained units at a cost of Sh6.2 million.

Through Ishmael and Company Advocates, he argues that he undertook and satisfactorily completed the various civil works as contracted.

CHURCH APPROVED WORK

The work was approved by officials from the archdiocese including the Father-in-charge.

“The defendants, upon satisfactory performance of the works, negotiated for additional assignments and works which included reconstruction of 40 units, fabrication of new furniture, painting works, demolition and conversion of units into VIP roads, repairing the dining hall and demolition of servant quarters into cottages all at a cost of Sh13,129,760,” he states.

He is seeking to be paid the agreed cost of the whole project and all general damages.

But the Nyeri Archdiocese’s trustees through lawyer Charles Karweru have filed a Sh7,409,620 counter claim against Mr Kariuki for damages and wages they say they paid to workers as a result of Mr Kariuki deserting his work.

According to the archdiocese, Mr Kariuki was contracted to repair and refurbish premises after he misrepresented himself as a company authorised to do engineering and construction works, which it latter emerged, was not true.

“The plaintiff abandoned works after he failed to meet the deadline. He also failed to pay his workers and there was a rebellion by his workers who literally threatened to burn down the archdiocese’s premises,” states Mr Karweru.

REVENUE LOST

The trustees have argued that Mr Kariuki’s company was meant to complete the works within 40 days so that the completed rooms could have been rented out to visitors from Italy who had already confirmed their booking at the rate of Sh9,000 per room and for 10 nights during the beautification of Sister Nyaatha.

“All the revenue from the 98 rooms was lost by virtue of non-completion and desertion by the plaintiff of the project,” he said.

Mr Karweru affirms that Mr Kariuki had already been granted a down payment of Sh4.4 million which he failed to properly utilise and which he should refund.

“For all the works contracted by the plaintiff’s organisation, all the material had been sourced and paid for by the archdiocese and at no time did Mr Kariuki provide any materials,” the church says.

The church has insisted that Mr Kariuki’s company abandoned works on May 1, 2015 without notice and after the workers threatened to burn down the church premises the archdiocese was forced to pay them.

The church wants him to pay for all the damages incurred in the whole project.

On Wednesday, Justice John Mativo directed the case be heard on March 10, 2016.

Three former Nyeri county senior officials payed Sh3.7M to a firm illegally- says EACC

By FAITH NYAMAI

@faithnyamai
Fnyamai@ke.nationmedia.com

Three former Nyeri county senior officials awarded and approved payments to a construction company before it had signed a tender contract, a court heard yesterday. The three are charged with misappropriating Sh3.7 Million.

According to the Ethics and Anti-Corruption (EACC ) procurement forensic investigator Adan Gedi Ali the county executive lands and infrastructure John Mwangi Maina surpassed the tender committee mandate and went ahead to notify and award audit tender services to the Pleng limited company.

The county executive finance economics and planning Martin Kanjuaigwa Wamwea and the chief of staff who at that time was the acting accounting officer land, Mr Simon Wachira on their part directed and approved payments of the consultancy services to the company without supporting documents.

“The procurement procedure requires that before any payments are made supporting documents and a contract of award must be signed and attached,” Said Mr Ali.

Mr Ali yesterday  told the Nyeri chief magistrate John Onyiego said the documents he obtained from the county government in the course of his investigations showed that all construction and civil works projects that were awarded in 2013-2014 summed up to Sh 500 M but the audit services were not part of the projects.

It had been agreed that since the county government did not have qualified technical auditors; the procurement department to involve the tender committee.

“The tender committee met   November 18, 2014  and resolved that the tenders should be awarded on a national open tender, they went ahead and placed an advert , but the same advert was later cancelled by the office of county” he told the court.

In regard to the funds to be involved in the audit, the committee had agreed that it should be treated as stand-alone project.

“Before the procurement department could complete the process; the county Executive lands and infrastructure Mr Maina went ahead and wrote a notification letter awarding the tender to Pleng Limited” he said.

He added that “Mr Wamwea was asked by the acting chief officer finance to advice on the payments of the consultancy service to Pleng Limited Company, but he said that he had been informed by Mr Maina that procurement procedures had been followed and directed payments to be made”

Mr Ali said the Pleng limited went ahead and started the audit services without signing a contract and presented payment voucher to the Mr Wachira who had been designated as the accounting officer of lands..

“Without ensuring that crucial documents such as a signed contract of the awarded tender were attached, Mr Wachira signed and approved the payment vouchers” Mr Ali told the court. 

Mr Ali was the eighth and the last prosecution witness to testify in court yesterday.

Mr Maina ,Mr Wamwea and Mr Wachira  are facing six counts of corruption and abuse of office.
They are accused of illegally and improperly authorized the payment of Sh3, 756,962.37 to Pleng Limited without adhering to procurement rules.
They are further charged with willful failure to comply with the law on applicable procurement procedures, abuse of office and failure to comply with applicable procedures of management of funds.
Through their lawyer Edward Were Oonge, they filed a petition last at the high court challenging the constitutionality of the Ethics and Anti-corruption Commission (EACC). The petition is still pending in court.

END