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Daily Nation : February 22nd 2014
SATURDAY NATION February 22, 2014 SEPARATION OF POWERS | Governors asked to stop playing politics and be accountable Uhuru backs MPs in row with Judiciary CONTINUED FROM PAGE 1 together to place the country on a development path. He told governors to stop play- ing politics and account to the public for the funds placed under their guard as he declared the Judiciary cannot isolate itself from Parliament and the Executive. “Kenya is being ruined not by the ordinary people but by leaders. Instead of sitting down to consult and come up with amicable solutions, we are full of politics. As a governor, you are not law unto yourself. Even I as the President of the Republic of Kenya, I am accountable to all Kenyans,” he said. And he chided the Judiciary for seeking refugee in the doctrine of separation of powers among the arms of government and asked judges and magistrates to stop preventing both the Senate and the National Assembly from carrying out their constitutional duties. “Separation of powers does not mean we are independent from each other. The Executive alone cannot serve Kenyans, the legislature alone cannot serve Kenyans and the Judiciary on its own cannot serve Kenyans. We are interdependent. One arm should not stop another from performing its duties,” he said. President Kenyatta was speak- ing in Kericho Town during the annual general meeting of Belgut Women Empowerment organisation. Senators Charles Keter, Kithure Kindiki, Kipchumba Murkomen, Majority Leader in Parliament Aden Duale and Sotik MP Joyce Laboso vowed to deal with rogue governors and judges who they claimed were conspiring to stop Parliament from playing its watchdog role. But the Commission for Im- plementation of the Constitution (CIC) boss Charles urged President Kenyatta to meet heads of the Judiciary and Parliament to end the war, which might lead to anarchy. “As a commission we recog- nise that inevitably there will be jurisdictional conflicts between the three arms of the government. There will be need for restrain as each level exercise its powers to ensure that it does not interfere with the exercise of another organ’s power,” said Mr Jan 19 The date when three judges sitting in Kerugoya reinstated Governor Wambora, a week after he was ousted by the Senate National News 5 VINCENT AYIMBA | NATION President Kenyatta accompanied by Jubilee leaders waves at Kericho residents yesterday. He attended the launch of the Social Economic Empowerment Women Organisation in Uasin Gishu. Nyachae. Mr Nyachae said individuals or institutions that believe court order was obtained irregularly or does not properly articulate the law should apply for review of the court decision. “There can never be a legitimate reason to disobey a court order by any person or institution. That would be a recipe for anarchy,” he said. The Senate and National As- sembly, which were hitherto involved in supremacy wars, Seven face trial for murder of British miner in Taita Taveta BY NATION CORRESPONDENT Seven people accused of murdering a British geologist over a mining row in Taita Taveta County in 2009 have a case to answer. The seven will stand trial in the death of Campbell Rodney Bridges. They are Mr Mohamed Dadi, Mr Alfred Njuruka, Mr Samuel Mwachala, Mr James Chacha, Mr Daniel Mdachi, Mr Osman Abdi and Mr Crispus Mkunguzi, the High Court in Mombasa ruled yesterday. Lady Justice Maureen Odero found that the prosecution had established a case against the seven men, whose case will be heard on April 21 and 22. “I am satisfied the prosecu- tion has proved a case against the seven to warrant them being put on their defence,” Justice Odero said. They denied murdering Mr Bridges on August 11, 2009 at Kambaga in Mwasui Ranch in Mwatate, Taita Taveta County. However the judge acquitted Ms Regea Omar, who had been jointly charged with the seven, for lack of evidence. “I find that the prosecution has not led any evidence linking Ms Omar with the death of Bridges. I acquit her unless she is lawfully held.” Senior assistant director of public prosecution Jacob Ondari told the Judge that some of the accused on bond were not reporting to Taveta Officer Commanding Station every two weeks as directed by the court. The judge ordered the suspects to comply with the bond terms until conclusion of the case. The prosecution called a total of 26 witnesses, among them the wife of the murdered geologist, Mrs Judith Bridges, who testified that her husband had an exclusive prospecting licence in Taita Taveta and was the first person to mine the green garnet precious stone in the country. Mrs Bridges said some ranch owners had even allowed the couple’s mining firm, First Green Garnet, to prospect on their land. She said that in 1982, Mr Jackson Shako wrote a letter to First Green Garnet allowing the firm to prospect for minerals on his Mwasui ranch, and that they had a good relationship with him until he died. “The consent was open ended, it had no date,” Mrs Bridges said while testifying against eight people accused of killing her husband. Iron out the problem In her testimony, she told the court that they did not write to the Commissioner of Lands to inform him of the consent. The witness also said the I find that the prosecution has not led any evidence linking Ms Omar with the death of Bridges. I acquit her forthwith unless she is lawfully held.” High Court Judge Lady Justice Maureen Odero company did not move to court over the dispute over mining claims with the local community. She said they had held a meeting with the DC and “illegal miners” to iron out the problem but no agreement was reached. Mrs Bridges said her hus- band set up two companies, First Green Garnet Mining Company and Bridges Exploration Limited. She said there were no rival companies at their sites in Taita. UPDATES SMS ‘NEWS UPDATES’ to 20667 NEW 20667 S have cast their differences aside and united in their attack against governors whom they accuse of acting like “small presidents” and judges who they claim were shielding them from being questioned over plunder of public funds. They have accused the judiciary of “assisting impunity, corruption, theft, and irresponsible use of public resources by governors” and vowed to seek ways of crippling the courts at the same time as they cut governors to their size. The war was triggered by the decision of the Senate to give nod to the move by the Embu County Assembly to impeach Governor Martin Nyagah Wambora. The High Court sitting in Kirinyaga, however, overturned the decision and reinstated Mr Wambora on grounds that court orders were ignored in the process. Yesterday, President Kenyatta said it was wrong for governors to turn down summons from the Senate with the assistance of the Judiciary.
February 21st 2014
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