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In Courts: Directions to be issued in DP ouster cases

Wheels of Justice: Court stories lined up for today.

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by SHARON MWENDE

Realtime09 October 2024 - 09:30
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In Summary


  • The case was filed a week before the 281 MPs on Tuesday voted to impeach him.
  • Speaker Moses Wetang'ula called the vote after only 44 of the required 117 MPs voted to save him.


The High Court will today issue directions in a case in which Deputy President Rigathi Gachagua is challenging his impeachment proceedings.

The case was filed a week before the 281 MPs on Tuesday voted to impeach him.

Speaker Moses Wetang'ula called the vote after only 44 of the required 117 MPs voted to save him.

The DP Gachagua now has the Senate to save him, that is, if he manages to raise 23 senators to defeat the motion tabled by Kibwezi West MP Mwengi Mutuse.

From his court documents, Gachagua seeks to block the assembly as a whole from processing, passing and transmitting to the Senate any resolution founded on the notice of motion dated September 26.

One of his grounds is that the one-day period provided by the national assembly to facilitate public participation during the impeachment process was insufficient.

Several other cases touching on his impeachment have been filed with the National Assembly now seeking to have them consolidated and heard together.

Directions on this plea sought by Parliament will be issued in due course by the courts.

Separately, an anti-corruption court is expected to issue directions in a case in which businessman Yagnesh Devani was charged with fraudulently disposing of mortgaged petroleum products in September 2007.

Devani is out on a cash bail of Sh5 million. He is also barred from travelling out of the country without permission from the court.

Devani and Triton Limited were accused of the irregular release of 126 million litres of oil in breach of a collateral financing agreement involving the Emirates National Oil Company.

The businessman faces eleven counts of fraud all ranging from conspiracy to defraud, obtaining by pretenses and fraudulent disposition of mortgaged goods.

On count one, he was charged with fraudulent disposition of mortgaged goods.

It's alleged that Devani on September 5, 2008, being the Managing Director of Triton Petroleum Company Limited, respectively together with others before the court in another similar case and being the mortgagors of 19,186.130 cubics (Diesel) with intent to defraud the mortgagee, Emirates National Oil Company (Singapore) Limited, disposed of a volume of 13,054.E50 cubic meters valued at US 10,146, E88.36 and Sh32,0.17,783.66 (totaling Sh1.6B) of the said fuel to Total Kenya Limited.

This was allegedly done without the consent of Emirates National Oil Company (Singapore) Limited, the mortgagee.

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