Businessman Samuel Ndothya before court where he denied stealing millions from Kenyatta National Hospital./PHOTO BY IRENE ONYANGO.
BY NT CORRESPONDENT.
A man has been charged with stealing Sh6.8 from Kenyatta National Hospital.
Samuel Ndothya appeared before Milimani Senior Principal Magistrate Robinson Ondieki and denied stealing millions from the national hospital.
Ndothya is accused that on 7th day of June last year at Equity Bank, Kenyatta Avenue branch in Nairobi, jointly with others not before court stole Sh6, 833,930. 10 from Kenyatta National Hospital.
He is further charged with forging a notification of award Tender supply and delivery of building materials of Sh14, 299,546. 00 purporting to be genuine notification issued by KNH.
He is also charged with conspiracy to defraud to defraud KNH millions.
He wwas released on a bond of Sh and alternative cash bail of Sh
Margaret Wanjiku Kuria and Serah Gatiri Gathura before court. /PHOTO BY IRENE ONYANGO.
BY IRENE ONYANGO.
Two women have been charged with obtaining over Sh 220 million worth of goods from Frontline Tarkipa Media Limited.
Margaret Wanjiku Kuria and Serah Gatiri Gathura appeared before Milimani Senior Principal Magistrate Robinson Ondieki and denied the charges.
Wanjiku and Gatiri are accused that on diverse dates between 7th January and 4th April this year in Nairobi, jointly with others not before court conspired to defraud Frontline Tarkipa Media Ltd.
According to the prosecution charge sheet, the goods includes 9,903 (90kgs) bags of white maize, 9450 cartons of 25×800 grams of menengai bar soap, 9,700 jericans of 20 litres pika cooking oil and 4,400 50kgs bags of brown sugar.
They are further charged with obtaining 9,903 (90kgs) bags of white maize, 9450 cartons of 25×800 grams of menengai bar soap, 9,700 jericans of 20 litres pika cooking oil and 4,400 50kgs bags of brown sugar from Frontline Tarkipa Media Ltd by falsely pretending that they were employees of the World Food Programme, which was to pay the said items.
They were released on a bond of Sh 2 million with an alternative cashbail of Sh 500,000.
The matter will be mentioned on the 30th of this month.
Former Java Chief Executive officer Derrick Cornelius Van Houten before Milimani Chief Magistrate court where denied charges. /PHOTO BY S.A.N.
BY NT CORRESPONDENT.
Former Java Chief Executive officer has been charged with Sh7. 9 fraud.
Derrick Cornelius Van Houten appeared before Milimani Chief Magistrate Onyina and denied the charges.
The south Africa national is accused that on diverse dates between 1st October 2021 and 31st January 2022 in Nairobi with intent to defraud, he obtained money from Awil Abdirahman Abdulle.
He obtained Sh7, 911,000 from Abdulle by falsely pretending he was in a position to approve and construct a Java hotel for him in Narok a fact he knew was false.
He was released on a cash of Sh500, 000 pending hearing and determination of the fraud case.
The case will be mentioned on 26th of April.
The former Java restaurant boss is also charged with obtaining Sh3 million from the same businessman in a different case.
He obtained the millions by falsely pretending that he was in a position to franchise a kukit/Java Express business Coffee Shop a fact he knew was false.
Nyako, a famous Kenyan tiktoker based in Germany, demands to know how her MPESA statements were leaked by Safaricom plc to other parties.
She has written a demand letter to Safaricom PLC demanding immediate explanation for the unauthorized dissemination of her M-pesa statement.
This demand letter threatens to erode public confidence in Safaricom plc as the tiktoker is spoiling for a court battle that could see the later pay damages for disclosing private information to other parties.
Roseline Otieno, popularly known as Nyako, demands the telecommunication giant to admit liability for breaching her rights to privacy, or in seven days, she will take court action.
The tiktoker alleges that on or about the 13th of February 2024, Safaricom disseminated or facilitated the dissemination of her confidential information to unauthorized individuals without due authorization or consent.
“My M-Pesa statements, containing my personal details and financial transaction history, a dataset exclusively maintained by your organization, were released to unauthorized persons and have been circulating on various social media platforms,”says TikToker Nyako in the demand letter.
The renowned content creator adds that the unauthorized disclosure of her personal and financial information to the public, particularly to unauthorized individuals, not only compromises her privacy rights but also undermines her standing as a reputable brand and exposes her to financial risks.
“This has also inflicted emotional distress and anxiety upon her,” she adds.
She further state that safaricom as the custodian of this sensitive data, the organization has the responsibility to safeguard it against unauthorized disclosure and misuse.
She further state tgat the unnecessary reveal of information relating to her private affairs contravenes Article 31 of the Constitution.
She further indicate that unauthorized disclosure of personal data and granting access to unauthorized persons which constitutes a clear personal data breach as defined in Section 2 of the Data Protection Act.
” Failure to take measures to ensure that our client’s personal data is and/or was processed in accordance to the Principles of data protection in Section 25 of the Data Protection Act. iv. Unlawful processing of personal data infringing Section 30 of the Data Protection Act, ” state Nyako.
Mohamed Kuroyow Mohamed, Mohamed Salat Ibrahim and Adow Ahmed Mohamed before Milimani Chief Magistrate court where they denied charges. /PHOTO BY IRENE ONYANGO.
BY IRENE ONYANGO.
Four businessmen have been charged before a Nairobi Court with Sh3. 4 billion land lease fraud
Mohamed Kuroyow Mohamed, Mohamed Salat Ibrahim and Adow Ahmed Mohamed appeared before Milimani Principal Magistrate Robinson Ondieki and denied the charges.
Kuroyow, Salat and Ahmed are charged that at unknown place and time, jointly with others not before court conspired to defraud Drumvale Farmers Cooperative Society their parcel of land measuring approximately 141.5.0 hectares.
The land is valued at approximately Sh 3. 4 billion situated at Mavoko within Machakos County the property of Drumvale Farmers Cooperative Society a fact they knew to be false.
Prosecution told the court that at unknown date and place,the trio jointly with others not before court, willfully procured for themselves Certificate of lease for parcel of land.
The land is measuring 141.5ha valued at Sh.3.4 Billion situated at Mavoko, the property of Drumvale Farmers Cooperative Society by falsely pretending that it was genuine.
Further, the accused persons have been charged that on diverse dates between 5th day of August 2018 and 23rd June ,2022 at Mavoko, jointly with others not before county were found to be in possession of land parcel no. land IR no.237120 LR No.8529/10 original number 8529\11 without color of right held possession of the said land in a manner likely to cause a breach of peace to those entitled by law to be in possession of the said land.
They were released on a cashbail of Sh 8Million or an alternative Bond of Sh 10 million each.
The court directed the case to be mention date is 2nd May.
Law graduates who did not attain mean grade of C+ (plus) in their Kenya Certificate of Secondary Education (KCSE) have been dealt a blow after the Court of Appeal said they cannot join Kenya School Law (KSL).
The appellate court further held that law graduates who did not attain a mean grade of C+ and B- in English and Kiswahili subjects in KCSE respectively, cannot join KSL, as they do not meet the requirements for admission to the Advocates Training Program.
Judges Asike Mukhandia, Jamila Mohamed and Sankale ole Kantai allowed an appeal filed by KSL, challenging a decision of Justice John Mativo (then High Court judge), which quashed the requirement saying it was discriminatory.
The three judges overturned the decision and held that KSL was within its right by declining applications from the law students who did not meet the requirements.
The Court of Appeal judges ruled that the rejection of students who did not meet the requirements by KSL was not in violation of their constitutional rights or infringement of any rights to education as provided for under Article 43(1)(f).
“The decision by the Kenya School of Law declining each and every individual respondents (law students) for admission into the Advocates Training Program (ATP) 2020/2021 academic year was made within the law and is upheld,” ruled the judges.
The judges further said that for avoidance of doubt, the basic requirements for KCSE under section 16 and second schedule of the KSL Act for both students who studied in Kenya and out of Kenya universities.
They added that the section should be read as a whole and not in bits and pieces and the three conditions which are precedent must be met before admission to KSL.
“Failure to meet the basic requirements of the qualifications in KSCE envisaged in the above section renders one’s application incompetent and hence ripe for rejection by the KSL. The regulations cannot overide the Act the provisions of an Act of Parliament, ” ruled the three judges.
The judges allowed appeal by KSL and set aside the entire high court decision.
The law graduates had challenged the requirements by KSL in a daily advert.
The requirements have locked out thousands of law graduates who aspire to join the Roll of advocates.
Former Muranga Governor Mwangi wa Iria who is expected to face graft charges.
BY SAM ALFAN.
Director of Public Prosecutions Renson Ingonga has approved graft charges against former Murang’a governor Mwangi wa Iria over procurement irregularities amounting to Sh149 million.
Wa Iria will be charged alongside eight other persons over tenders awarded to Top Media Consultants Limited and value view limited.
The former county officials who will face charges are Jane Wanjiru Mbuthia, David Maina Kiama, David Maina Njeri, Jane Waigwe Kimani, Solomon Mutura Kimani and Peter Muturi Karanja.
The DPP said the officials engaged in procurement irregularities in the award of publicity tenders to the two companies.
A statement by the DPP recommended the suspects to be charged with conspiracy to commit an offense of corruption, abuse of office, unlawful acquisition of public property, conflict of interest, dealing with suspect property and money laundering.
The DPP said his office was committed to executing its constitutional mandate in accordance with the rule of law and further, with due regard to the public interest, the administration of justice, and avoidance of abuse of the legal process.
Convicted terrorist Mohamed Abdi Ali alias Abu Fidaa being handcuffed by prison officer after he was being found guilty of being member of terrorism group./PHOTO BY S.A.N
BY SAM ALFAN.
A medical doctor at Wote General Hospital has been found guilty of terrorism.
The doctor, Mohamed Abdi alias Abu Fidaa, is an ISIS member who had, until his arrest in 2016, been aiding and facilitating youth recruitment to join ISIS, making communication and waging online support and financial assistance to the dreaded Islamic State of Iraq and Syria, ISIS.
The magistrate, Martha Mutuku, found Mohamed Abdi Ali alias Abu Fidaa guilty of five counts of terrorism finding that prosecution proved the case beyond reasonable doubt.
“I do find that the prosecution has proved its case against the first accused person(Mohamed Abdi Ali alias Abu Fidaa) in respect of count 1, 2,4, 7, and 8 and I convict him for these count under section 215 of the CPC,” ruled the magistrate.
Senior Principal Prosecutor Duncun Ondimu urged the court to hand Mohamed Abdi a 96-year sentence terming the offence as most lethal due to its nature and effect on the country.
“There is no doubt that this country has suffered and continues to suffer effect of terrorism offences which have been committed, which have left long effect on the victim both physically, mentally and economically,” Ondimu told the court.
He requested the court to note that the convict was a medical doctor working at Wote General hospital paid by taxpayers money, despite harbouring ill intentions: he was not keen to treat the sick but recruit young people into terrorism.
During his trial, Ondimu noted that the convict never exhibited remorse to make the court consider his behaviour.
“Terrorism affects everyone most cases defenseless who cannot defend themselves and in this case there was use of technology to perpetuate the crime,” Ondimu told the court.
Through his lawyer, Chacha Mwita, Mohamed was seeking a non-custodial sentence which Prosecution vehemently opposed urging the court to ignore it.
Inversely, Mohamed was acquitted of solicitisation for the commission of a terrorist act, promoting a terrorist act and directing the commission of terrorist Act.
The court also acquited his wife Nuseibah Mohamed Haji who was the then a Kampala University student all counts.
Mohamed Abdi Ali alias Abu Fidaa, alias Abu Shuhadaa, alias Abu Ramzi with his wife Nuseibah Mohamed Haji, Alias Umm Fidaa, and Alias Ummu Fidaa before court during the judgement that found Abdi guilty. /PHOTO BY S.A.N.
The convict were arrested on 29th April 2016. Mohamed has been in custody since then.
He was accused that before the 30 August, 2016 at the anti- terrorism police unit headquarters in Nairobi, he was found to be a member of a terrorist group namely the Islamic State of Iraq and the Levant (ISIL) also known as the Islamic State of Iraq and Syria.
The medical doctor was also charged that on diverse dates between 1st January 2015 and 30″ August , 2016 at unknown place within the Republic of Kenya, jointly with others not before court, knowingly ran a recruitment of youth to be members of ISIS terrorist group also known as the Islamic state of iraq and Syria by linking them up with other fighters in Libya and facilitating communication through social media platforms (namely twitter, Km, Threenia, and Telegram) and email communications.
He was also accused that on diverse dates between January 2015 and 27 August 2016 at unknown place within the Republic of Kenya, jointly with others not before court, organized meetings knowing that the agendas of the meetings were for the activities of a terrorist group by making referrals regarding operations, financing and recruitment, tasking to translate material for the purpose of terrorist activities.
Nazir Bhadural Jinnah, who is the director of Pearl Beach Hotel trading for English Point Marina before court during sentencing./PHOTO BY S.A.N.
BY SAM ALFAN.
A fake lawyer who wrote to a solicitor in the United Kingdom requesting to be a lead counsel in a divorce case has been jailed by a Nairobi court.
Nazir Bhadural Jinnah, who is the director of Pearl Beach Hotel trading for English Point Marina was sentenced to serve 18 months for presenting himself as an advocate .
The businessman was given an alternative of paying a fine each of Sh250,000.
Milimani Senior Principal Magistrate Dolphina Alego found him guilty of presenting himself as an advocate of the High Court of Kenya.
He was also found guilty of making a document without authority and uttering false document.
“Conclusively, this court finds that the prosecution has proved their case in all the charges beyond reasonable doubt and this court finds that accused person is guilty herein and court convict accordingly,” ruled the court.
He was charged that between the year 2013 and 2017 in Nairobi with intent to defraud Herbas Singh Birdi falsely presented himself to be an advocate of the High Court of Kenya as an associate of Khaminwa and Khaminwa advocates.
The charge sheet stated that with intent to defraud and without lawful authority, he made a letter for sale of property LR. No. (4/171-Nyari-Nairobi addressed to Singh purporting it to be genuine letter written and issued by Senior Counsel Khaminwa law firm.
During the hearing Law Society of Kenya categorically confirmed to the court Nazir was not an advocate or it member.
Sonny Birdi who was the first witness in the case told the court that he met Nazir in 2013 who was known to his father and was a consultant with Khaminwa advocates. That he was going through his divorce in the United Kingdom.
He needed help and that the accused now convict would be the lead counsel in Kenya. He testified that he had a UK solicitor.
He wrote a letter of appointment to the UK solicitor as lead counsel for the case. The case was in the UK and he paid for him to travel to UK.
Accused traveled to the UK twice.
Court heard that Nazir traveled to Canada for over six months and that his father went to khaminwa advocates to follow up on his land case and that is when he learnt Nazir has never been their employee, agent or partner.
In his defense, he denied receiving Sh5, 540,000 from Agwawal Khan and Company and that he has no idea wherethe money went to.
Retired engineer Sunny Birdi in his testimony told the court the last payment of the sale of his land assets of Farhana Properties limited in Mombasa was paid to Nazir.
The convict also denied presenting himself as an advocate at Khaminwa law firm.
Nashon Otieno Angudha before court where he denied charges./PHOTO BY S.A.N.
BY IRENE ONYANGO.
A Nairobi middle-aged businessman pretending to be in a position to hire a private jet to transport 300 kilogram of gold to Dubai has charged with Sh37. 5 million fraud.
Nashon Otieno Angudha appeared before Milimani Senior Principal Magistrate Gilbert Shikwe and denied the charges.
Otieno is accused that on diverse dates between 13th July and 18th October 2023 at Runda Glory valley estate jointly with others not before court obtained Sh 37,500,000 from Surinder Singh Kanda.
The court heard that Otieno obtained the millions by pretending that the money was meant to hire a private jet, payment of Insurance and taxes for 300kilograms of gold which was meant to transported from Kenya to Dubai a fact he knew to be false.
Prosecution told the Nairobi court Otieno allegedly conspired to steal USD250, 000 equivalent to Sh 37,500,000 from Kanda by falsely pretending that the money was to hire a private jet, pay insurance and taxes for 300kgs of gold which was to be transported from Kenya to Dubai.
Court to rule on whether to release him on cash bail or not tomorrow
