Raila fails to respond to MP's case, risks judgment unheard

Same Judge:

High Court Judge Chacha Mwita has temporarily stopped police from arresting Homa Bay woman representative Gladys Wanga.

Justice Enoch Chacha Mwita on Thursday also declined to set aside the Sh50, 000 anticipatory bail granted Mr Wanjigi. Director of Public Prosecutions Keriako Tobiko had asked the court to review the bail terms. “I see no reason to vary the bond terms since the sued parties have filed responses to this case to enable me make a ruling, orders earlier granted are hereby extended,” said Justice Mwita. http://www.nation.co.ke/news/Jimi-Wanjigi-versus-Kenya-government/1056-4146678-kuvnnp/index.html

Kisumu Senator Fred Outa and former Deputy Governor Ruth Odinga risk arrest after the High Court declined to grant them anticipatory bail, following threats of arrest. Though lawyer Ken Amondi, the duo moved to court to seek anticipatory bail pending any threatened arrest or charge by the government. But Justice David Majanja, sitting in Kisumu, on Thursday declined to grant the orders arguing he would only listen to the application if the two applicants are present in court. http://www.nation.co.ke/news/Outa-Odinga-denied-anticipatory-bail/1056-4147360-581ccl/index.html


Judiciary will end losing all its prestige and become a puppet of every regime that get into power.

Today is judgment day though the ruling is likely to be academic and overtaken by events.

Was Maraga onto something given these actions by NASWA sycophants and allies? Did they use blackmail in the form of Apollo Mboya’s petition to strong arm Maraga into doing their bidding. Was Omtatah concerned that his numerous cases would flop if placed before an objective judge?

I have received very disturbing information from very reliable sources that the Hon. David Kenani Maraga, Kenya’s Chief Justice, has succumbed to pressure from third parties and he is now acting against his mandate as the custodian of the rule of law.
The Chief Justice wants to punish the Hon. Justice Enock Chacha Mwita by transferring him out of the Nairobi Station just because he recently granted orders suspending parliamentary proceedings to oust the Auditor-General pending the hearing and determination of a constitutional petition I filed in the High Court against the process http://www.cofek.co.ke/index.php/news-and-media/1708-omtatah-to-justice-maraga-don-t-intimidate-judges

A lawyer has stepped up the push to have disciplinary action taken against Chief Justice David Maraga. Mr Apollo Mboya accuses the CJ of misconduct and interference with judges. Activist Okiya Omtatah raised the red flag about Justice Maraga’s interference when he alleged that the CJ wanted to transfer Justice Enock Chacha for restraining Parliament from impeaching Auditor-General Edward Ouko.

Recently filed cases:

Uriri MP Mark Nyamita has sued the state over the withdrawal of National Super Alliance (Nasa) Presidential candidate Raila Odinga and his running mate Kalonzo Musyoka’s security since late last month. The matter will heard on Monday before High Court judge Enoch Chacha Mwita. http://www.nation.co.ke/news/politics/MP-sues-Raila-Kalonzo-security-withdrawal/1064-4148410-f5rqf8/index.html

Justice Enoch Chacha Mwita issued the directive after activist Okiya Omtata sued Treasury secretary Henry Rotich for extending the importation of duty free sugar from September to December. “A conservatory order be and is hereby issued suspending the sued parties’ gazette notice No.9801 dated September 29 , allowing importation of duty free sugar,” said Justice Mwita. http://www.nation.co.ke/business/Court-suspends-importation-of-duty-free-sugar/996-4151294-3kpj88/index.html

Contrast Wanjigi’s paltry Ksh 50000 bond granted by the same judge:

Mr Rollier and his Kenyan wife, Mercy Shirley Mwendwa, were arrested on March 2016 and charged with five counts of being in possession of two stun guns without lawful authority. The two denied the charges before Chief Magistrate Susan Shitubi and were released on a bond of Sh500,000 with a similar surety. https://www.standardmedia.co.ke/article/2000226262

Two men have been charged in a Kitui court for being in possession of unlicensed firearms even as police move to recall civilian firearms for inspection following revelation of a gun-licencing scam. They pleaded not guilty to the charges and were each released on a bond of Sh500,000 with a similar surety. Their firearms have since been confiscated by the officers from the Directorate of Criminal Investigations in Kitui pending the conclusion of their case. http://www.nation.co.ke/counties/Two-in-Kitui-court-unlicensed-guns/1107872-3068424-format-xhtml-cissklz/index.html

Justice Chacha Mwita on Tuesday ruled that the High Court lacks jurisdiction on the matter. His threats to boycott the election if certain conditions are not met, Mr Pkosing said, will be unlawful. According to the legislator’s lawyer Kibe Mungai, he is taking the dispute to the Supreme Court. http://www.nation.co.ke/news/Case-to-force-Raila-Odinga-to-run-in-Kenya-repeat-poll-dismissed/1056-4153890-royt0n/index.html

He added: “…the issues in this petition do not belong to this court. This court is not in charge of presidential elections and cannot say anything on it… it cannot extend its jurisdiction.”
The judge added that the respondent (Raila) has a right to refuse to participate in the election and should not be forced to do so. “It is is his right and can only be enjoyed by him. No one, not even the court, can force one to exercise their right…that will be a violation of the person’s right.” https://www.the-star.co.ke/news/2017/10/24/its-his-right-high-court-throws-out-petition-for-raila-to-face-uhuru_c1658102