16 Oct 2024 in Senate:
Gross violation of the Constitution, the best would be found in the Wambora decision, which defined what gross violation of the Constitution means. It said it is the violation of Article 10, 1 and several articles of the Constitution. I do not have that particular citation, but in my mind, it is paragraph 46 of that decision.
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16 Oct 2024 in Senate:
We are complaining that the Deputy President did threaten in a manner that displayed personal vendetta against the person of Esther Maina, a Judge of the High Court of Kenya. The reason for threatening her with filing a petition for her removal from office was in relation to a decision that she made in a case involving the Deputy President by finding that assets to the tune of cash Kshs202 million held in his companies’ accounts were proceeds of corruption and money laundering. For making that decision, the Deputy President against the provisions of Article 161 threatened Justice Maina with ...
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16 Oct 2024 in Senate:
Mr. Speaker, Sir, in our Volume 2A on page 60 to 77, we have annexed the judgement of the hon. Judge, Esther Maina, where many of the companies we have stated in the other allegations are listed here as companies are conduits of corruption and money laundering.
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16 Oct 2024 in Senate:
Mr. Speaker, Sir, we have talked about Crystal Kenya. It is mentioned in the judgment on page 64. There is Wamunyoro Investments and it is mentioned here several times.
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16 Oct 2024 in Senate:
On page 77 of 123 in our Volume 2A, the Judge said that in the upshot the motion is granted in terms of prayers 2, that a declaration is hereby issued that the following funds are proceeds of crime and, therefore, liable for forfeiture to the State. They are listed there, Kshs165 million held in a certain account at Rafiki Finance Bank, Kshs35 million in the name of Rigathi Gachagua. Kshs773,000.
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16 Oct 2024 in Senate:
An order is hereby issued that the above funds be forfeited to the Government of Kenya and transferred to the Assets Recovery Agency and the amount is about Kshs200 million.
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16 Oct 2024 in Senate:
He was unable to explain how he obtained Kshs200 million.
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16 Oct 2024 in Senate:
The Judge directed that the amounts be forfeited to the Government of Kenya through the Asset Recovery Agency, which is the body created under the Proceeds of Crime and Anti-Money Laundering Act to take care of money laundering.
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16 Oct 2024 in Senate:
My complaint is that when a Judge in a functional democracy in a country of rule and law like ours makes a finding and judges make findings against all of us every day, the civil way of challenging that decision is through an appeal. You appeal the decision. You do not go to a rally and start threatening judges because you create fear in the judges so that they are not able to exercise their decisions independently. You can interfere with the financing of the Judiciary and other things, but let us not take away the decisional independence of the ...
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16 Oct 2024 in Senate:
I have presented Video Nos.14 and 15.
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