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Supreme Court begins hearing Ndeti, Mutua election petition – The Informer

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Machakos Governor Dr. Alfred Mutua.

Machakos Governor Alfred Mutua has maintained that he won the gubernatorial seat fairly and faulted the Court of Appeal for nullifying his election on a technicality.

Arguing before the Supreme Court on Wednesday, Dr Mutua through lawyer Kioko Kilukumi admitted that the returning officer made a “slight deviation” and used an excel spreadsheet to collate and announce the results.

However, he added, the deviation does not take away the constitutional test of verifiability of the results. “There was no finding by the trial court that the data was fraudulent, inflated or otherwise fictitious. All the forms were signed by among others, Wiper agents,” Mr Kilukumi.

Mr Kilukumi said the signing of the electoral forms is not an “idle exercise” but signifies adding that the returning officer only used the spreadsheet for efficiency and accuracy and that it was sanctioned by the Independent Electoral and Boundaries Commission (IEBC).

He urged Chief Justice David Maraga and Justices Mohamed Ibrahim, J.B. Ojwang, Njoki Ndung’u and Isaac Lenaola to overturn the Court of Appeal decision, which nullified Dr Mutua’s win.

Dr Mutua has faulted Justices William Ouko, Mohamed Warsame and Gatembu Kairu, saying that they erred in law by misapplying the provisions of Article 86 of the Constitution to the evidence on record, thereby reaching an erroneous verdict.

On her part, Ms Wavinya Ndeti said no one still knows who won the Machakos gubernatorial seat because the results announced by the returning officer cannot be verified.

Through Senior Counsel Ahmednasir Abdullahi, Ms Ndeti said the results announced on August 11, last years were “fake, cooked-up and there was no way that the declaration could be verified”.

He said the fact that the returning officer failed to use the prescribed form undermines the credibility of the results. “The issue of verifiability was settled in the Raila Odinga (2017) case. The system used must be simple, accurate and verifiable. The inability to verify is a weighty constitutional ground,” he said.

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Dr Mutua of Maendeleo Chap Chap garnered 249,603 votes against Ms Ndeti’s 209,141 during the August 8 polls.

High Court judge Aggrey Muchelule had dismissed Ms Ndeti’s petition but on appeal, Dr Mutua’s win was nullified as three judges faulted the returning officer of using the wrong form.

The Supreme Court judges will give their decision upon notifying the parties.



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Who is Ivy Brenda Cherotich? – Nairobi News

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The first patient of coronavirus in Kenya was revealed on Wednesday during a video call with President Uhuru Kenyatta.

Ivy Brenda Cherotich together with Brian Orinda, Kenya’s third patient, also shared with Kenyans their journey since they were diagnosed with Covid-19.

Who is Ivy Brenda Cherotich?

Brenda is a peace ambassador and human rights activist according to her Facebook Profile.

“I’m a universal peace ambassador. I’m a human rights activist. Sustainable Development Goals,” read her profile.

Ivy is a former beauty queen who competed under Miss Tourism. She is the reigning Miss Tourism Kenya Hospitality from 2018 to 2020.

She studied at Moi Girls High School in Eldoret for her O level.

She has also studied Information and Telecommunication Engineering at both Jomo Kenyatta University (JKUAT) and the Multimedia University of Kenya.

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During her time at MMK, she co-founded the first Engineering Students Association at the University.

In 2015, she was elected as the student leader in charge of Gender, Health and Environment at the university.

She was also the Secretary of Gender and Special Needs.

At JKUAT, she graduated with upper second class honour in engineering

According to her Facebook, she had worked for Safaricom in the department of electrical electric and telecommunication engineering.

Her present job is with Incotech Ltd, which is based in England.

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President Uhuru apologises to Kenyans for police brutality : The Standard

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Police officers beat motorists at Nakuru KFA roundabout while enforcing the night curfew. (Kipsang Joseph, Standard)
President Uhuru Kenyatta on Wednesday apologised to Kenyans following reports of police brutality as they implemented the dusk to dawn curfew in a bid to curb the spread of Covid-19.

“I want to apologise to all Kenyans, maybe for some excesses which were conducted or happened,” Uhuru said during a virtual meeting with recovered coronavirus patients, Brenda and Brian.
Brenda was Kenya’s first coronavirus patient.
She first arrived in Texas, USA on December 19, 2019, then proceeded to Cleveland, Ohio, finally making a stop in London, United Kingdom.
SEE ALSO :After Uhuru decision on housing, state must listen to people moreThe patient was quarantined at Mbagathi Hospital for 23 days, recording Kenya’s first recovery from the disease.
During the meeting, President Uhuru reiterated on the need for social distancing and observation of the guidelines laid out by the Ministry of Health in the fight against the pandemic.
He urged Kenyans to understand the gravity of the global pandemic insisting that that the measures introduced by the government were necessary to curb its spread.
STEALING FROM THE SICK: Why hospitals are healthy wards for criminals – The Nairobian   Read Now »

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Kenya started enforcing a dusk to dawn curfew just days after the country recorded its first coronavirus-related death.
The curfew was announced on March 25 for an unspecified period.
SEE ALSO :The wars in Uhuru and Raila political partiesIt, however, got off on the wrong footing, with police officers across the country reportedly using excessive force, beating and tear-gassing crowds of people on their way home from work.
At least three people have reportedly been killed by police action, including a 13-year-old boy who was hit by a stray bullet on Monday evening.
Kenya has reported 59 confirmed cases of Covid-19 since its outbreak in the city of Wuhan, China and one death.

Are you suspecting that you have coronavirus? Before you rush to the hospital, do this quick easy self-assessment test. #StayHome #WashYourHands HERE.

Related Topics
President Uhuru KenyattaPolice BrutalityCoronavirus

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3 COVID-19 patients recover as Kenya records highest single-day increase in cases » Capital News

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NAIROBI, Kenya, Apr 1 – Kenya has registered three COVID-19 recoveries, after the first and third patients fully recovered from the virus.

The first recovery was announced by President Uhuru Kenyatta on Wednesday, March 25.

The
two other patients, Brenda Cherotich and Brian Orinda, appeared publicly on Wednesday
during a live video conference with President Uhuru Kenyatta.

Health Cabinet Secretary Mutahi Kagwe said the two had been cleared to rejoin their families

“The
president announced earlier today that Brenda and Brian had turned negative on
two tests. They tested negative after being tested twice over a period of time
not on the same day. We are very pleased that they are now back home with their
families,” Kagwe said.

Brenda
had travelled to the United States of America in December last year, and came
back on March 5 via London.

She has been in quarantine for 23 days while Brian has been in the health facility for 2 weeks after contracting the virus from Brenda.

“I went to the US on December 19 and when I finished my stay I travelled to Cleveland and then to Chicago where I had a 10-hour layover. I then went to London and this is where I think I may have contracted the virus or on the plane while coming back home,” said Brenda.

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She added that three days after arriving in the country, she had a persistent cough and after observing her body for 3 days, she decided to visit Mbagathi Hospital.

“At
the facility they took me seriously and gave me a mask immediately I told them
I had travelled from outside the country. I want to assure Kenyans that this
disease is manageable and treatable,” she said.

Brian who contracted the virus after coming into close contact with Brenda said he had been in the hospital for the last two weeks.

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He
urged people to be careful and follow the guidelines set aside by the government
to ensure containment of the coronavirus.

“I
am glad that I am sharing my story and I hope people can now believe that
indeed the virus is real, and it is in Kenya. Many people in upcountry still do
not believe it. My aunt called me and told me that since I had contracted it,
she now believes its existence,” said Brian.

President Uhuru Kenyatta commended Brenda and Brian for helping in contact tracing and being responsible after they realized they had COVID-19 symptoms.

He
urged Kenyans to follow the example set by the two former coronavirus patients to
protect their loved ones, especially the elderly and people with
preexisting conditions, from contracting the virus.

“If
we were able to follow Brenda and Brian’s example, we can contain this disease.
As the two young people are showing us, we can not only contain this disease,
 but we can also treat it and get out of it. So, for all of us who are out
there with the symptoms, let us behave like these two brave and patriotic
Kenyans,” Kenyatta appealed.

The country has so far
recorded 81 COVID-19 cases after Kagwe announced 22 new cases.

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One patient, a
66-year-old who died while undergoing treatment, was diabetic.

The global pandemic has claimed
over 43,000 lives and infected over 800,000 others globally.

However, 184,596 people
have recovered.

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