Rose P sought to buy a house in Nairobi in 2017 and after viewing several houses settled on one situated along Argwings Kodhek Road.
The agent who showed her the house also introduced her to an Advocate for the transaction. The Advocate was one James Kipkemei, a partner at Kiptui Kipkemei & Associates Advocates, based near Nairobi Hospital.
On 24th March of the same year she signed a sale agreement with the developer, Summerbreeze Developers Ltd., for the sum of Kshs. 40,000,000 which she deposited with her Advocate, and the Advocate acknowledged receipt.
The Advocate paid a deposit of Kshs 12 million to the developer’s Advocate as per the agreement, and later paid a further deposit of Kshs 10 million, making a total deposit of Kshs 22 million, and leaving a balance of Kshs 18 million.
Meantime, and in good faith since the whole purchase price had been paid to her lawyers, the developer was confident to allow Rose to take possession and occupy the house, which she did in May 2017.
Trouble began when it came time for completion of payment and the Advocates began telling stories about their bank having issues and asking for some time to sort out said issues, so that they could clear the balance.
Sudden turn around
The developer was not happy with this sudden turn-around and, in order to protect their client, the firm negotiated with the developer to pay rent of Kshs 200k per month for Rose as they were sorting out their issues.
The developer agreed and the firm paid 400k, being 2 month’s rent. That was, however, to be the first and the last payment they would ever make despite many assurances to make good on their promise to settle the balance of the purchase price.
Fed up with the games by the Advocates, the developer threatened to evict Rose from the house, prompting her to move to court for relief and justice.
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Nairobi ELC 745/2017
She thus filed a case, Nairobi ELC 745/2017, where she sued the developer and the Advocates; the developer to stop the eviction, and the Advocates to compel them to fulfill their professional obligations to her.
Thankfully the court granted an injunction pending hearing and determination of the suit. She also filed a complaint against the Advocates, with the Advocates Disciplinary Commission, for professional misconduct;
Complaints Commission case ref number: DTC/135/2019 and when the same came up before the commission, the Advocates said they were in the process of settling the matter (which of course they never did).
The disciplinary case
The disciplinary case has never been heard and concluded to date. Further, she reported the matter to DCI HQ, OB number 023/4/2021, who took her statements and also those of the Advocates.
DCI said that they investigated the matter and forwarded the file to ODPP for recommendations on prosecution but they say the file has not been returned to them recommending whether to prosecute or not, thus leaving her stranded.
It’s been one year of painful waiting.All this while, the said James Kipkemei and his partner, one Grace Kiptui, kept making promises to pay but to no avail.
Kshs 18 million misappropriated
They have never paid even a cent of the Kshs 18 million they misappropriated, or stole. Whenever Rose visits their office, they promise to pay by a certain date but when that date falls due there’s no money.
She once asked them where they took the money and they mentioned that the partner, Grace Kiptui, had used client’s money while unsuccessfully vying for an elective position in Nakuru County during the last elections!
They asked her not to worry, though, because they had a few deals that were about to mature at which time they would be able to pay, but just like all their other stories this never happened. Meantime, the case in court was proceeding and was finally heard on 1st July 2021.
Advocates never filed a defense
What was interesting is that the Advocates never filed a defense in the matter, they never denied any part of the story, and during the hearing James Kipkemei never even cross-examined the plaintiff, Rose.
After the hearing he just said that they would endeavor to make the payment before judgment, which is coming up on this Thursday 28th April and, so far, nothing!
Not even a shilling. She is at the mercy of the court for justice to be done for her. Hopefully, the Advocates will be compelled to pay, and maybe even have their practicing licence revoked for such gross professional misconduct. We eagerly await the outcome. I’m sure there are other victims of these two crooks out there.
Read more at https://thebigissue.co.ke
President Kenyatta Set To Open New Chancery In Switzerland
President Uhuru Kenyatta is set to open a new chancery in the Swiss Capital of Bern. To enhance trade tries between Kenya and Switzerland.
Speaking ahead of President Kenyatta’s official visit to Switzerland, Ambassador Andrew Kihurani said.
The opening of the new chancery will invigorate the growing bilateral trade. Which has been on the upward trend with Kenya’s exports standing at Kshs 4.8 billion.
Imports from Switzerland
While imports from Switzerland standing at Kshs 8 billion annually. “Another primary issue we engage in is promotion of trade.
You may be aware that there’s significant bilateral trade between the two countries. Kenya is Switzerland’s 16th biggest trading partner in Africa,” Amb. Kihurani said.
The Kenyan Ambassador pointed out that, despite the balance of trade being tilted in favor of Switzerland, Kenya has continued to increase its export of coffee, tea and horticultural produce.
Bilateral trade in 2021
He added that bilateral trade in 2021 was extensive. With Kenya being Switzerland’s major source of cut flowers.
Imports from Switzerland to Kenya include herbicides, fungicides, chemicals, paints, machinery and pharmaceuticals.
“So our mandate is to be able to see how to enhance that trade. Between the two countries. Not only in terms of the volume but also in terms of the breadth.
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Other different items
To see what other different items we can be able to trade between the two countries,” he added.
Ambassador Kihurani further said that the two nations have had significant cooperation in the tourism sector.
Noting that Kenya used to receive over 9,000 tourists annually from Switzerland prior to the Covid-19 pandemic.
Ongoing Covid19 vaccination process
He expressed hope that the ongoing Covid-19 vaccination process will revive the tourism sector with Kenya receiving an increasing number of tourists from Switzerland.
“Switzerland has done about 70% of vaccination of its population. And of course in Kenya we are continuing to increase the level of vaccinations.
We expect the level of tourism will start growing once again. And it is the responsibility of this embassy to enhance growth of that tourism exchange,” said Amb. Kihurani.
Kenya envoy to Switzerland
The Kenyan envoy to Switzerland also noted that President Kenyatta will visit Geneva. He is scheduled to address the World Health Assembly on May 22.
He said the address by the President at the World Health Assembly, will outline how Kenya has been at the forefront in championing health issues globally.
“The meeting in Geneva is the World Health Assembly which takes place every year. His Excellency the President shall address the meeting on this particular occasion.
First time to address the assembly
“This will be his first time to address the Assembly. This is important in terms of showing the support that Kenya has.
For issues which will be discussed with Assembly on the issue of health,” he said. The 75th World Health Assembly will kick off. With a high-level segment on May 22.
With speeches from the elected Health Assembly President, Heads of State, special guests and an address by the WHO Director-General.
As well as presentation of the Director-General’s Health Awards. The theme of this year’s World Health Assembly is “Health for Peace, Peace for Health”.
Read more at https://thebigissue.co.ke
The dynamic duo played the Azimio – One Kenya Alliance Presidential Candidate Raila Odinga
Tension developed in the Uhuruto relationship before the 2017 Elections. Then, Murathe warned that Uhuru will be a different man. And ruthless if he won the second and last term.
The Supreme Court dropped a bombshell by voiding the 2017 Presidential Election results. The dynamic duo reunited and vowed to revisit the Judiciary.
If they won. The Court-directed a re-run. Raila boycotted the Re-run and the duo were sworn-in. Raila swore himself in as the People’s President.
All hell broke loose
All hell broke loose and the country became ungovernable. Then, the Dynamic Duo conceived the idea of the handshake. To cool political temperatures.
And play Raila in the Uhuru succession race to fulfill their Uhuru 10-Ruto 10 covenant. After the handshake, the bond between the handshake partners grew stronger and alarmed Ruto.
He sensed betrayal in the succession matrix to derail his ambitions to succeed his boss. He embarked on sensitization tours. To nip in the bud the perceived mischief.
Uhuru noted and sarcastically cautioned him through the demeaning term of Tangatanga (loitering).
He played in Ruto’s hands who is an expert in turning such negatives into political slogans and positive campaign strategies.
Uhuru was slow in his response. He gazetted Executive Order No. 1 of 2019 that rendered Ruto idle.
Let his government go overboard
He, then, let his government go overboard in destroying the livelihoods of the lowly in society. Small businesses were targeted.
Especially East of Nairobi’s Tom Mboya street that affected trade in Nyamakima, Kiamaiko and all the way to Ruai. Evictions left many destitute.
Most of the traders affected were natives of the Mountain. Regular and arbitrary fires in Gikomba market. Didn’t help matters with government mandarins suspects.
It provided Ruto
It provided Ruto with the ammunition to attack Government. Now that he felt sidelined from the centre.
Uhuru took it lightly and casually. Not knowing that his Deputy was serious in the scheme to render him a lame duck president.
He procrastinated, allowing Ruto to camp in the Mountain and run away with Uhuru’s bastions.
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Knowing that Raila
Knowing that Raila was the Mountain’s bogeyman, he introduced the Hustler-Dynasty narrative.
The line between the Have-nots (Hustlers) and Haves (Dynasties). Was drawn to inform the Uhuru succession debate.
The rest is history. Uhuru ignored his Deputy and concentrated on building roads and water infrastructure. In the Mountain and Raila’s backyard.
That was not enough to appease
That was not enough to appease the masses suffering under the high cost of living. They would quip, “We don’t eat roads” and urged on by Ruto’s lieutenants.
It reached a point where Ruto exuded confidence and declared. That he was now the kingpin and gatekeeper of the Mountain. It’s not a joke.
Uhuru became restricted to holding Sagana Lodge meetings. With elites from the Region for fear of backlash if he ventured into the rurals, Ruto-style.
These Uhuru actions
These Uhuru actions demonstrate that the Dynamic Duo played Raila. They feign differences in public but Uhuru’s actions and emotional utterances attract sympathy votes for Ruto.
He ignored former NASA strongholds in the distribution of the handshake projects. Leading to alienation of Raila from his NASA principals.
He’s struggling to regain support from the regions. Uhuru hasn’t led Raila to campaign trail in the Mountain. Attracting hostility to his Azimio affiliated candidates.
They don’t dare have Raila on their campaign posters. To avoid being associated with the bogeyman. Uhuru has taken over the leadership of the Azimio-One Kenya Coalition.
Overall chair of Azimio One Kenya
As the overall chair of its council, making Raila look like his puppet. There’s no way a presidential candidate. Can be subordinate to another mortal in an alliance.
The way Uhuru wants us to believe. Uhuru is imposing candidates in strategic elective positions in strategic places like Nairobi.
The majority of Azimio affiliated parties are aligned to Uhuru’s Jubilee. The strategy is for Uhuru’s side to command majority. In the legislature and gubernatorial seats.
Regardless of who wins the presidency
Regardless of who wins the presidency. Some of the direct tickets to unpopular candidates will gift the seats to Raila’s main opponent.
The issue of Raila’s running mate was a foregone conclusion the moment Kalonzo joined the Coalition. But Uhuru’s interference has sent the matter.
To boardroom decision that is not grounded on any law. The scheme is so crafted that it leaves no room for Raila to blame Uhuru for his waterloo at the ballot.
Read more at https://thebigissue.co.ke
This issue of being legislators and salaried employees at the same time is a dilemma for Kenya
It is not possible to be, physically, found in different places at the same time. You cannot have your cake and eat it.
The work for members of Parliament and county assembly is part time. The Constitution does not oblige them to be salaried (full time employees).
They should only be remunerated by being paid appropriate allowances whenever they avail themselves for representation, legislation and oversight activities.
Earn Appropriate Allowances
Therefore, MPs, rightly, earn appropriate allowances but use their privileged position to steal from the public by making themselves salaried.
It is unconstitutional and irregular for legislators to be salaried. The Constitution presumes that those offering themselves for election or nomination.
To legislative Chambers are patriotic leaders, ready to sacrifice for Kenya without strings attached.
Required To Renounce
This is why they are not required to renounce their means of earning a living unless they are public service employees who must, voluntarily, resign.
In this context, those who offer themselves for election or nomination to Parliament and County Assembly should be the unemployed. Resignees, retirees, self-employed, or consultants in their own professional fields.
They have the power and authority to allocate their time to allow for representation, legislation and oversight roles of elective offices.
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Lack of Quorum
Lack of quorum experienced in political Chambers is, mostly, a result of the absentee legislators having prioritized their time on personal ventures as opposed to legislative duties.
Full time employees/workers answer to their employers for all the 30 days in a month. They cannot leave their places of work.
To engage in political office work for which they also get remunerated. It is double standards and double payment.
The MPs and MCAs
The MPs and MCAs who are still on payrolls of their former institutions are stealing time from their former employers by being paid salary for 30 days.
Of work per month while some of those days are spent in political Chambers for which they are also paid salaries and allowances.
In short, salaried people are full time employees. They do not qualify to offer themselves for election or nomination.
To Parliament or County Assembly
To Parliament or County Assembly unless they resign from their salaried posts. Or take leave of absence without pay that guarantees them to get back their jobs in future.
They cannot be in political Chambers and other designated offices at the same time. For public information, we have already petitioned the Salaries and Remuneration Commission (SRC).
To abolish salary for MPs and MCAs and only recommend payment of appropriate allowances. In strict compliance with Article 230 (4) (a) of the Constitution.
On Remuneration and Benefits
On remuneration and benefits of State Officers. This is read with Article 230 (5) (a) on public compensation as a fundamental principle in fiscal sustainability.
This is in line with the understanding that among elected leaders, only the Presidency is, constitutionally, barred from holding any other office (Article 131 (3)) and, therefore, entitled.
To earn salary for a livelihood. Unfortunately, the tenure of the pioneer SRC commissioners expired in December 2017. The new team has not been constituted to consider this long overdue petition. What do others say on this sensitive but grave matter?