Nakuru-based Dennis Kamau Kariuki before a Nairobi court where he denied charges./PHOTO BY S.A.N.
BY NT CORRESPONDENT.
Nakuru-based Dennis Kamau Kariuki has been charged with forging a court order.
Lawyer Kariuki appeared before Milimani Principal Magistrate Geoffrey Onsarigo and denied the charges.
He is accused of forging a court order issued by Milimani Chief Magistrate court.
He is accused that on diverse dates between 23 September and 6th September 2024 at unknown place with intent to deceive without lawful authority or excuse made a court order vide MCCRMISC/E3074/2024.
He made the order purporting it to be a genuine court order issued by Milimani Chief Magistrate’s Court.
Prosecution told the court that on the 6th day of September 2024 in the country Knowingly and fraudulently forged court order vide MCCRMISC/E3074/2024, purporting it to be a genuine court order issued by Milimani Chief Magistrate’s Court.
He pleaded a month after the plea was differed.
Last month, Kariuki failed to plead to the charge after his lawyers claimed he has suffered from a mental challenge and needs to needs a psychiatric check-up.
His lawyers requested two weeks to have Kamau be taken to Chiromo for a psychiatric assessment to confirm whether he was fit to face the charges.
They said that Kariuki has been undergoing depression following the demise of his mother a month ago. The defence team urged the court to consider the application for deferment of plea taking to two weeks since his mental capacity to face charges is in question
A Nairobi court has ordered alleged fake medical doctor to appear in court to plead to charges once cleared by a mental facility.
Milimani Principal Magistrate Gilbert Shikwe ordered Jared Omondi Ochiko to appear to plead to charges once cleared by a mental health facility where his lawyer claimed he is admitted.
He is facing charges of posing as a Medical doctor in the Eastlands has been admitted to a mental facility until further notice pending his arraignment court.
Ochiko, a man who was parading himself as a Medical Doctor and giving drug prescriptions in Umoja estate bas been admitted at Mathare Mental Hospital.
It is alleged that Ochiko, on 26th September this year at Eastlands Pathogenix Laboratory in Umoja, knowingly offered consultation, drug prescription, and sick off from duties without having been registered by the Kenya Medical Practitioners and Dentists Council.
Ochiko is also accused of knowingly using premises that are not registered by the Kenya Medical Practitioners and dentists Council namely Eastlands Pathogenix, Eastlands Pathology centre, Eastlands Medical Clinic, Eastlands Medical & Laboratory and dental Centre, Eastlands pathology and Dental Services and Eastlands Medical Centre.
He is also to be charged of knowingly using the title of a “Doctor ” without holding a Medical degree or being registered by the Kenya Medical Practitioners and dentists Council.
The court ruled that the intended accused person to be arraigned in court after clearance from the doctor on his mental status.
Migori County Assembly which has been paid to pay Sh900k to a man who applied for the position of County Assembly speaker./PHOTO BY S.A.N.
BY SAM ALFAN.
Migori County Assembly has been ordered to pay a man closes to one million shillings for keeping his CV on their website, exposing his personal data.
Data commissioner ordered the County Assembly to pay Allan Chacha Sh900,000 and delete his CV from the county assembly website within seven days.
Chacha had unsuccessfully applied for the position of the Speaker of the Migori County Assembly.
Data Commissioner said the assembly processed Chacha’s personal data in a manner contrary to the principles of data protection set out in Sections 25(a) and (d) of the Act.
The commissioner added that the Assembly processed Chacha’s personal data and sensitive personal data unlawfully.
“The Migori County Assembly is hereby directed to compensate Chacha with Sh.900,000,” ruled Data commissioner.
Data commissioner added that the Migori County Assembly failed to comply with its obligation section 25 and 30 of the Act.
Data commissioner took into account the nature of the personal data exposed being sensitive personal data, the fact that it was published in a publicly available website and that the same is still published as at the date of this determination.
Chacha sought various remedies, including general damages for the breach of privacy, removal of the curriculum vitae from the Assembly’s website and an order prohibiting such acts from being carried out in the future.
County Assembly did not provide a statement regarding the Complainant’s request for compensation. Instead, the Assembly reiterated its position that the complaint was not made in good faith.
Chacha submitted that his curriculum vitae to the Migori County Government as part of his application for the position of Speaker of the Migori County Assembly. Without his express consent or any authority whatsoever, the county assembly published Chacha’s curriculum vitae on its Official website, making it publicly accessible.
Chacha alleged that the publication is unauthorized and has exposed personal and confidential information to the public which has resulted to a violation of his right to privacy.
Additionally, chacha told the Data commissioner that the confidential information of the Individuals listed as referees in the curriculum vitae has also been compromised.
He further avers that the violation in question pertains to the unauthorized processing of his personal and sensitive personal data without express consent.County Assembly defended itself arguing that by applying to be elected as the speaker of County Assembly of Migori.
Chacha subjected himself to the provisions envisaged for election of the Speaker and as per Section 9A(1) of the County Government Act, 2012 which states that.
“The Speaker of a County Government Assembly shall be elected, in accordance with standing orders of the Respective County Assemblies, from among persons who are eligible to be elected as members of a County Assembly but are not such members”
The assembly alleged that Chacha accepted to be governed by standing orders of County Assembly of Migori, with emphasis on Standing Order (5) which states, “Immediately upon the close of the nomination period provided for in paragraph (2), the clerk shall publicize and make available to all members, a list showing all qualified candidate; and make available to all members, copies of the curriculum vitae of the qualified candidates.”
In conclusion, the Assembly stated that Section 51(2)(c) of the Act exempts the processing where disclosure is required by or under any written law. Assembly pleaded that at all times it acted accordingly and did not occasion an infringement on the Complainant or any other applicant.
Jacob Mwangi Mungai and Patrick Magu Kamau before court./PHOTO BY S.A.N.
BY SAM ALFAN.
Two men have been charged with defrauding a company of a parcel of land valued at Sh230 million.
Jacob Mwangi Mungai and Patrick Magu Kamau are accused of conspiring to defraud John Irungu Huma trading as Thome Dynamic Limited land reference number 209/11391 IR.76726 measuring 1.300 hectares and valued at approximately Sh230 million.
The charge stated that they falsely pretended that they were genuinely allocated the said parcel by Nairobi City County.
The duo is alleged to have committed the offense on or before 16th June 2010, at an unknown place in the country, jointly with others not before court.
Mungai and Kamau are also charged with forging a letter of allotment for the said land and purporting it to be a genuine and valid letter of allotment issued by Nairobi City Council.
Mungai is further charged with uttering a false the forged letter of allotment.
The court heard that on 27th April 2021 at Milimani Law Courts, Mungai knowingly and fraudulently uttered a forged Letter of allotment for the said parcel of land, registered in the name of Bahati Development Welfare Association to the Deputy Registrar Milimani Law Courts purporting it to be a genuine document issued by the Nairobi City County.
The accused persons denied the charges before Principal Magistrate Gilbert Shikwe.
The defense lawyer requested the court to release the two on reasonable cash bail.
The accused persons who live in Saika and Kahawa Sukari respectively told the court that they are small business owners and not at flight risk.
The magistrate granted each accused person a bond of Sh 1 million with one surety of a similar amount.
Alternatively, each can deposit a cash bail of Sh 600,000 and provide two contact persons to secure their release pending the hearing and determination of the case.
The case will be mentioned on 5th November for pre-trial
The High Court has quashed regulations requiring banks to remit 15 percent withholding tax on trading gains made by foreign entities, dealing a blow to efforts by Kenya Revenue Authority (KRA) to collect more money.
High court judge John Chigiti quashed the Income Tax (Financial Derivatives) Regulations, 2023 which required foreign investors who gain from hedges made by local entities such as banks and airlines to pay 15 percent of the gain.
Kenya Bankers Association (KBA) challenged the Regulations as illegal, unreasonable, impracticable, and unclear and also create uncertainty.
“The Regulations do not provide at all on how gains will be computed for non-residents. It is practically impossible for a resident person to calculate the gains of a non-resident person,” said the judge.The regulations require Kenyan entities engaging in transactions with foreigners to cushion them from volatility in financial markets, to account for any profit made by foreign parties and remit the tax to the KRA.
The KBA submitted that the Regulations are inaccurate as they assume that one party’s gain is equal to another party’s loss and there was no basis or methodology to determine the realised gains of the non-resident person.
Justice Chigiti said in the absence of a deeming provision under Section 10 of the ITA, the entire premise of the Regulations fails as the “gains from financial derivatives” of a non-resident person cannot be deemed to be income which accrued in or was derived from Kenya, for tax purposes.
“An order of Prohibition is hereby issued directed at the Kenya Revenue Authority (KBA) either by itself, its agents or employees restraining it from taking any steps, actions, or measures to impose or collect any taxes from the members of the ex-parte Applicant engaged in transactions involving financial derivatives or enforcement or implementation of the Income Tax (Financial Derivatives) Regulations, 2023,” said the judge.
KRA opposed the petition arguing that the Regulations are to aid in the collection of taxes and the application was prejudicial and to the detriment of the government, having included the collections into its fiscal budget for the current and the next financial year.
The taxman added that the amount of taxes to be collected runs into the hundreds of millions, and used to finance the government’s projects.
High Court Judge Enock Chacha Mwita./PHOTO BY S.A.N..
BY SAM ALFAN.
Deputy President Rigathi Gachagua has suffered major setback after the High Court declined to stop the Senate from conducting his impeachment trial.
Justice Enoch Chacha Mwita rejected the application by Gachagua seeking to block the Senate from debating the resolution of National Assembly voting to impeach him.
Justice Mwita rules Parliament should be allowed to exhaust its authority.
“In conclusion, having considered the application and arguments by parties, the constitution and precedent, the prayer for grant of conservatory orders is declined,” ruled Judge Chacha.
However, in view of the issues raised in this petition which also appear to relate to those in petition, No E522 of 2024, which has been certified for purposes of appointing a bench of uneven number of judges to hear it.
” I certify this petition as raising substantial questions of law and of public interest, in terms of Article 165(4) of the constitution. This file is to be placed before the . Chief justice to consider appointing an uneven number of of judges to hear this petition,” ruled Judge Mwita.
On Friday, Gachagua approached the court seeking to stop senate from proceedings with impeachment motion.
Gachagua has pleaded with the court to stop the process alluding that he was being witch-hunted.
High Court Judge Chacha Mwita certified the matter urgent and ordered the petition to be heard on Monday. National Assembly voted overwhelmingly for the ouster of Gachagua and forwarded the resolution to the Senate to conduct the trial against the 11 accusations against the DP.
He moved to court seeking to restrain the Senate as a whole from admitting, processing, debating or in any other manner from considering the Motion for his removal.
“This court has jurisdiction under Article 23 of the Constitution of Kenya, 2010, to consider and issue remedies in the nature of conservatory orders in appropriate and deserving cases,” says Gachagua
The motion dated 26th September 2024 was tabled in the National Assembly of Kenya on 1st October 2024, proposing the removal of the office of the Deputy President.
The National Assembly resolved to allow the motion on 8th October 2024 at approximately 9 pm. On that very night, the Clerk of the National assembly sent the Clerk of the Senate communication titled Resolution of the National Assembly on a special motion on the removal from office by impeachment of the Deputy President Rigathi Gachagua.
The said resolution transmitted to the Clerk of the Senate by the Clerk of the National Assembly is invalid on the grounds that the impeachment motion is replete with general unsupported allegations, hearsay and outright lies and lacks the particularization and specificity required by Article 145(1) of the Constitution of Kenya and Standing Order 64(1A) of the Standing Orders of the National Assembly.
The National Assembly did not conduct a constitutionally compliant public participation exercise prior to passing the impeachment motion on 8th October 2024. The impeachment motion does not meet the threshold test set by Article 145(1) and Wambora Appeal 1.
The appropriate standard of proof was neither considered nor met when the National Assembly passed the impeachment resolution.
Members of parliament debated and voted on the motion on grounds other than those set out in the motion. The impeachment was converted into a vicarious assault on family rather than investigation of constitutional violations by a public servant. Members of parliament were subjected to intimidation and undue influence prior to and during the hearing of the motion.
The entire impeachment process has been designed to avoid and be ring-fenced from judicial scrutiny and accountability. The process has been attended by uncharacteristic speed with the intention of ramming the process through before it can be audited for constitutional compliance.
The National Assembly prosecuted proceedings on the basis that Gachagua offended the President rather than the Constitution and the law. The object of the impeachment exercise appears to have been to please the President rather than examine fidelity to the Constitution of Kenya.
Petrol station manager Elizabeth Murugi Wamocha before court./PHOTO BY IRENE ONYANGO.
BY IRENE ONYANGO.
A Ola Petrol Station Manager has been charged with stealing Sh 10 Million from the Petrol Station.
Elizabeth Murugi Wamocha appeared before Milimani Senior Principal Magistrate Gilbert Shikwe and denied the charges preferred against her.
Murugi is accused that on diverse dates between 1 September to 7th October this year at Ola Petrol Station in Nairobi City within Nairobi County being a Manager at Ola Petrol Station OTC Branch, stole cash Sh 10,977,414 the property of Samuel Wachira Wanja.
According to the police report, the alleged money came into Murugi’s possession by virtue of her employment.
Murugi had previous been arraigned in court under miscellaneous application but court declined to detain her. She was released on bail pending investigations.
United Clergy Alliance has moved to court to challenge a Bill before the Senate that seeks to regulate churches.
The clergy says in a petition to the high court that the Bill is unlawful as it seeks to regulate religious practices and beliefs, which are protected under the Constitution.
According to the Clergy, the Bill imposes unreasonable and unjustifiable limitations on the rights and freedoms guaranteed under the Constitution, contrary to Article 24.
“The Bill threatens the sovereignty of the people and the supremacy of the Constitution, as it seeks to impose regulations that are inconsistent with the constitutional principles of democracy and the rule of law,” the alliance said
They have sought court orders declaring clauses 10,13(2)(d), and 29(2) of the Senate Bill are unconstitutional due to their vagueness, ambiguity, and potential for varied interpretations.
“A declaration that clauses 11(b), 12, 13(4), 19, 31(1)(2), and 34 of the Senate Bill infringe upon Articles 10, 24, 32, and 36 of the Constitution of Kenya, 2010,” seeks the clergy .
Through lawyer John Swaka, they argued that the Bill threatened articles that protect the principles of good governance, the limitation of rights, freedom of conscience. religion, belief, and opinion, and the right to freedom of association.
The alliance further seeks the court to issue an order requiring Attorney General to conduct thorough and meaningful consultations with all relevant stakeholders, including religious organizations and communities, before enacting any legislation that impacts religious practices.
Senior counsel Ahmednasir Abdullahi and former Chief Justice David Maraga.
BY SAM ALFAN.
A judge has rejected an application by former Chief Justice David Maraga to cross-examine veteran lawyer Ahmednasir Abdullahi in a defamation case.
Justice Janet Mulwa declined to allow the former CJ to cross-examine senior counsel Abdullahi saying the matter can be addressed during the trial.
The former CJ wanted to cross-examine the lawyer over certain paragraphs in a case he has sued Ahmednasir over allegations he made on his social media X.
Judge Mulwa ruled that if she was to allow the cross examination of Ahmednasir at the interlocutory stage there will be nothing left for trial as he will in effect have testified to his defense leaving nothing at the main trial.
The judge said the paragraphs sought for cross examination go to the root and merit of the suit between the parties.
“To that extent therefore, the court is not persuaded that Maraga has laid a legal basis and foundation to justify the orders sought,” ruled Judge Mulwa.
Ahmednasir had opposed Maraga’s application.
“Maraga obviously has no intention of concluding this matter and is enjoying interim orders made in his favor thus making such a frivolous application to cross examine me at this Interlocutory stage,” Ahmednasir said.
He termed the same as an abuse of the court process, ought to be dismissed with costs to be personally borne by Ochieng Oduol, Advocate having conduct of this matter on behalf of Maraga as punitive measure.
“The application is collateral and is being made as a result of Ochieng Oduol’s personal vendetta against me and my law firm because of various litigations we have handled on behalf of our respective clients. This is evidenced by his unlawyerly decorum in court as well as the application before this Honorable Court,” state Ahmednasir in his reply to the application.
According to Ahmednasir, Oduol has stated in court papers that he is not in good terms with me. The same is explained in the court proceedings referred to hereinabove.
“I will at the opportune time call Ochieng Oduol as a witness in this matter to confirm the averments he made to me about his client, the Plaintiff herein touching on his integrity as a judicial officer,” he added.
“Oduol is attaining a collateral purpose to vex me in these proceedings,” Ahmednasir claims.
He adds that Oduol is personalizing the proceedings as a contest between himself and me and is abusing the court process to settle personal scores with me.
“What Maraga is seeking to do is conduct a full trial and go into the merit of the matter before this Court, which is not only vexatious but an abuse of the court process. If this Court allows the cross-examination, it will result in the trial of the suit in its entirety at an interlocutory stage,” said Ahmednasir.
He adds that Maraga has failed to establish exceptional circumstances that would warrant me to be cross-examined his replying Affidavit sworn on 1 November 2021.
“Maraga filed an application seeking certain orders to which I filed my replying affidavit in opposition thereto and in response. The statements which I deponed in my Replying Affidavit are truthful statement of facts and made in defense of the allegations of defamation being levelled against me,” he added.
He further adds that the Replying Affidavit has not contravened the provisions of Order 19 of the Civil Procedure Rules.
Sirisia Member of Parliament John Walukhe and his co-accused Grace Wakhungu before High Court Anti-Corruption Division during the hearing of their appeal./PHOTO BY S.A.N.
BY SAM ALFAN.
Sirisia MP John Waluke and a sister of former vice president Moody Awori, Grace Wakhungu are now free after the court of appeal quashed 67 years imprisonment imposed by a Nairobi court.
The two were found guilty of stealing 313 million from the National Cereals and Produce Board and ordered to pay a fine of more than Sh2 billion or serve the multiple jail terms.
But the can now rest easy after the court of appeal quashed their conviction and sentences.
“Ultimately, we are satisfied that the appellants have made a case to warrant us to allow the appeal. The appeal is accordingly allowed, and the convictions and sentences imposed on the appellants are set aside. The appellants shall forthwith be set at liberty unless otherwise lawfully held,” Judges Asike Makhandia and Patrick Kiage ruled.
Wakhungu and Waluke spent three months in jail but were freed on bail, pending the determination of their appeals.
Justices Kiage and Mukhandia faulted the high court for failing to re-analyze and re-evaluate the evidence tendered in the trial court as required by the law.
They said being the first appeal, the high court had a duty to analyze and re-evaluate afresh all the evidence produced before the trial court and reach its own independent conclusion.
The judges further said that the trial court was bound the decisions of the High Court as pertains to the transaction.
And given that the criminal case was as a result of payment sanctioned by the courts, the issue of allegedly forged invoice was extensively addressed and resolved.
“It does appear to us that after NCPB failed all the way to impugn the award in civil proceedings, turned to EACC to invoke criminal sanctions against the appellants to achieve the very purpose it had been denied in civil proceedings going by the import of the sentences imposed,” the judges said.
The court said the move was the worst form of abuse of the criminal process.
During the hearing senior counsel Paul Muite for Wakhungu said the money they are alleged to have stolen were payment for damages for loss of profits and storage charges.
SC Muite further added that no handwriting expert was called by the prosecution and evidence was that the invoice in question indeed emanated from Chelsea Freight and could have been issued by an employee or director of Chelsea Freight.
Despite Chelsea Director having given a written statement, he was never called as a witness, he said.
SC Muite added that the Magistrate’s Court and the Criminal appeal Division of the High Court gravely erred in ascribing the amount paid of Sh313, million, which was not even enough to cover the storage charges, to storage charges instead of damages for loss of business which was never in dispute.
NCPB failed to issue Erad Suppliers Ltd with Letters of Credit in breach of the duly executed contract between the parties and therefore in breach of that contract.
He said had the Magistrate’s Court and the Criminal Division of the High Court appreciated and applied the Constitutional presumption of innocence, the court would have been acquitted.
