Muderwa Mega Abedi a Milimani Magistrate Courts where he was arraigned over conspiracy to defraud allegations./PHOTO BY S.A.N..
BY NT CORRESPONDENT.
The police have moved to court seeking orders to detain a man suspected of defrauding a foreigner of millions in gold scam.
Muderwa Mega Abedi is suspected of defrauding a foreigner by pretending he was in a position to sell him 500 kilograms of gold.
Abedi was presented before Milimani Senior Principal Magistrate Benmark Ekhubi where the police successfully applied to detain him for seven days.
Investigating officer corporal Paul Maina attached to DCI operations Unit said Abedi was arrested at the Jomo Kenyatta International Airport traveling on a temporary Congolese documents.
The DCI officer said they were investigating allegations of fraud, contrary to section 317 of the penal code among other offences that will be established.
Court heard that the suspect has been complying with the terms by presenting himself every day as directed and accompanied by his legal counsel up to Saturday 12th April, 2025, when he appeared without his counsel and he was instructed to report back on Tuesday 15th April, 2025.
He said the suspect didn’t appear before the investigators as agreed, only to learn from the Immigration counterparts at Namanga border point that he has been arrested while trying to flee the country. He was booked vide OB No.40 of 14th April 2025.
The Investigating officer told the court that going by the behavior of the suspect, the man was a flight risk and through the intelligence gathered, the suspect was being assisted by his accomplices to escape.
Abdul Zahir Qadeer aka Haji Abdul Zahir before Milimani Chief Magistrate court in Nairobi./PHOTO BY S.A.N.
BY SAM ALFAN.
An Afghanistan national wanted by America’s DEA has been detained by Kenya authorities awaiting extradition proceedings to be completed.
A Nairobi court allowed the detention of Abdul Zahir Qadeer aka Haji Abdul Zahir a former member of the Afghanistan Parliament.
Zahir is wanted by the US for offences of Narcotics Importation Conspiracy under 21 USC. &963, and being in possession of machine guns.
The suspect was arrested in a city hotel by detectives from the Directorate of Criminal Investigations who have applied for the orders to keep him in custody before they hand him over to US authorities.
Milimani Senior Principal Magistrate Benmark Ekhubi allowed the application by the Director of Public Prosecution.
“I allow application by the Director of Public Prosecution to detain the respondent (Abdul Zahir Qadeer aka Haji Abdul Zahir) for ten days at Muthaiga Police Station,” ruled Magistrate Ekhubi.
According to the DPP, a warrant of arrest was issued against the Afghan National by the United States District court on 25th March 2025.
Investigating officer Sergeant John Wafula attached to DCI Anti-Narcotic Unit told the court that the US Drug Enforcement Administration Special Agent Nicholas Difrancesco filed a criminal complaint before the United States District Court for the Southern District of New York in the USA against Abdul Zahir Qadeer Hai.
The Central Intelligence Authority of the USA, through the DEA Special Agent, sent a Diplomatic Note to Kenya requesting for the extradition and surrender of Zahir.
The court heard that on April 15, 2025, on the basis of the foregoing information and the totality of the circumstances, the prosecutor issued an authority to proceed with the request for extradition and surrender of Zahir.
“The available information and the totality of the circumstances disclosed hereto justify the endorsing of the US District Court Warrant of Arrest against the Respondent, and for his return and surrender to the USA to face the subject charges for which he was formally charged before the US District Court,” the court heard.
The prosecutor told the court that Zahir arrived in Nairobi from Kabul on 14th April 2025 aboard Qatar Airlines, had no fixed home in Nairobi, and was therefore a serious flight risk.
He added that Zahir was likely to leave Kenya to not only Afghanistan but also another country with no extradition treaty with the USA, which would make his extradition impossible.
The court heard that releasing Zahir on bond or otherwise is highly likely to not only prejudice the attempts to extradite and surrender him as requested but to also interfere with the efforts to trace his accomplices who are still at large, thereby jeopardizing the intended extradition request.
“It is in the interest of justice, and of Kenya’s compliance with its international obligations, that this Court endorses the US District Court Warrant of Arrest against Zahir and orders for his return and surrender to the USA to face the subject charges,” the prosecution submitted.
Environment and Land Court Judge Angote who has quashed all titles in disputed Karen land./PHOTO BY S.A.N.
BY SAM ALFAN.
Title documents held by four companies and a former administrator John Mburu to a Sh8 billion Karen land were obtained fraudulently, a judge had declared.
Environment and Land Court Judge Angote ruled that Muchanga Investments Limited, Habenga Holdings Limited, Jina Enterprises Limited, Telesource.com Limited, and Mburu acquired Certificates of Title for Land Reference Number 209/3586/3, situated in the Karen area of Nairobi County, unlawfully and fraudulently.
“An order be and is hereby issued directing the Chief Land Registrar to cancel and revoke all the Certificates of Title in respect of Land Reference Number 209/3586/3, and any sub-divisions thereof, which include, but not limited to L.R. Numbers 209/3586/202-398,” said the judge.
The land was claimed by Muchanga Investments, Horatius Da Gama Rose, John Mugo, former NSSF trustee Jos Konzolo through Telesource Ltd, Jina Enterprises, and Joseph Kangethe Wanyoike, who claimed to be administering the estate of Carmelina Ngumi Mburu.
Da Gama Rose went to court in 2014 to stop the subdivision of the land, arguing he had purchased it from Barclays Bank in 1983, as trustee of Arnold Bradley’s estate.
The purchase price was Sh1.25 million. However, the judge noted that the records presented in court lacked evidence of the sale agreement, proof of payment, or the transfer document.
He said Barclays Bank (now Absa) did not specify to whom the land was sold, how much it was sold for, or how the proceeds were used.
The court found that the negotiations for the property began in 1977, not 1982, and concluded there was no evidence that Muchanga Investments had paid for the land as claimed.
The judge also pointed to a letter suggesting that John Gohard Mburu had paid part of the purchase price, likely through his advocate, but there was no evidence of a completed transaction.
Justice Angote ruled that Muchanga Investments had abused its position by acquiring the land fraudulently, and since the Estate of Mburu lacked the sale agreement, it could not enforce the 1977 agreement.
The court also ruled that Telesource.com Ltd’s title was invalid, as John Mugo could not have acquired the property from Arnold Bradley in 1978, after Bradley’s death in 1973.
Justice Angote declared all titles issued after Arnold Bradley’s death fraudulent, ordering the land to revert to the Executor of Bradley’s will.
The court instructed the Public Trustee to identify the beneficiaries of Bradley’s estate within 30 days for the land’s distribution according to the Law of Succession Act.
Four people among two foreigners have petitioned for the removal of the Director of Public Prosecutions Renson Ingonga and three State counsels for gross misconduct.
In a petition to the Public Service Commission (PSC), the two Kenyans, an American and a Pakistani national wants Ingonga removed from office for alleged breach of chapter 6 of the constitution.
Josephine Chirondo Ndune, Ekra Wambui Ndung’u, Davies Lawrence Bennett and Farah Akbar further accuse Ingonga and three State counsels of misbehaviour, incompetence and violation of the constitution.
“We urge the committee to find merit in the petition and to proceed accordingly under the provisions of Article 158 (3) of the constitution of Kenya 2010,” says the petitioners.
They state that they were arrested in Mombasa and held in Bamburi police station on the night of 12th February 2025.
They said despite requests to access legal representation, the arresting officers allegedly refused to let them consult and or contact advocates of their choice by confiscating their mobile phones and neither providing them with alternative means of seeking legal representation.
“This is in particular violation of the express provisions of the constitution under chapter four and in particular Article 50(g) and (h),” claim the four.
They said despite informing the arresting officers, C.I. Kinyua that Davies Lawrence Bennett and Farah Akbar were foreigners and their request for their respective embassies to be informed of their arrest and incarceration, he allegedly refused to either take a step in informing their embassies, ministry of foreign affairs or the immigration.
The petitioners were thereafter arraigned in Shanzu Law Courts under criminal case no. E144 OF 2025 where they were released on cash bail with an order that the petitioners be supplied with the statements and other documents the prosecution was to rely on in the case.
They claim upon raising the bond and securing their freedom have raised their dissatisfaction in how the office of the ODPP has handled the matter commencing with their arrest, arraignment and general conduct of the trial.
In their petition, they allege that the ODPP violated the clear provisions of the constitution and ought to be removed from office on account of gross misconduct. They said the DPP should have regard to public interest, the interest of administration of justice and the need to prevent and avoid abuse of the legal process.
They state that the dereliction of duty and failure to adhere to the express provisions in the constitution exposes the ODPP for removal from office by a petition to public service commission.
“The concerns of the petitioners were addressed to the office of the ODPP through the letters dated 19th March 2025 and 20th March 2025 respectively. A reminder was sent to the respondent (ODPP) vide the letter dated 7th April 2025 which again the respondent has ignored. (the letter and evidence of service on the respondent,” they claim in their petition
It is their argument that Ingonga, being at the pinnacle of the DPP’s office, refused to exercise the powers of his office by not inquiring the evidence in support of the charge sheet, did not observe the requirements of the office of the Director of Prosecution Act Section 4 (c) (d) and (f) and section 14 (c) of the Act
“Two of the accused are foreigners an American and Pakistan Citizens respectively and employees and Agents of ELMWOOD FIELDS Leadership Alliance (EFLA) which offers continued professional development CPD Recognitions and awards and did not inquire whether a report had been made against the petitioners before their arrest and arraignment,” they claim.
Further DPP did not inquire whether the CUE had made the necessary inquiries and investigations on the status of the petitioners and the business school before moving to arrest them and did not inquire whether there was an inquiry in form of a letter from the investigator to Master Minds Business School (UK) informing of its status.
They further claim DPP Ingonga did not interrogate the magnitude of the penalty contained in Section 28(5) of the University Act of 10 million- or 3-year’s imprisonment or both. And did not interrogate the circumstances that led to the arrest of the accused persons.
“DPP Ingonga did not inquire the role of the Commission for University Education which are not mandated to regulate conferences or tourist events,” they want him out of office.
Tony Blair Okello and Tyson Odhiambo Otieno /PHOTO COURTESY OF DCI-KENYA.
BY SAM ALFAN.
A university student has been charged with running fictitious social media accounts purporting to be the official account of Interior Permanent Secretary Dr. Raymond Omollo.
Tony Blair Okello was presented before a Kahawa magistrate Boaz Ombewa alongside Tyson Odhiambo Otieno, where they denied the charges.
The two were charged with conspiracy to fraudulently and dishonestly create a Facebook account using the names and photographs of the Interior PS with the intention to defraud members of public.
It is alleged that they committed the offence between 29th January and 10th April, 2025 at unknown place within the country, with others not before court,
It is further alleged that on the same day, they intentionally created a Facebook account in the names PS Raymond Omollo with intent to deceive members of the public.
They purported that the social media account was a genuine account operated by Dr. Omollo, the Principal Secretary in the State Department for Internal Security and National Administration.
They denied the charges and were released on a cash bail of Sh.35,000 each.
A man has been charged with defrauding a land buyer in Garissa of Sh 12 million.
Abdi Yussuf Mohamed is accused of obtaining the money from Satho Umalkher Adan by falsely pretending that he was in a position to sell to her a parcel of land at Garissa Municipality.
Mohamed is alleged to have committed the offense on diverse dates between 29th June and 22nd November 2023 at unknown place in Nairobi County.
The charges further stated that he committed the offence jointly with others not before court and with intent to defraud.
He denied the charges before Senior Principal Magistrate Ben-Mark Ekhubi who released him on a bond of Sh 5 million plus one surety of a similar amount.
Alternatively, the court said Mohamed can deposit a cash bail of Sh 1.5 million and provide two contact persons, to secure his release.
Flex Air Charter limited director Nicholas Njoroge Ngatia before court./PHOTO BY S.A.N.
BY SAM ALFAN.
Infighting among siblings has led to the arrest and charging of a director of an aircraft firm for alleged theft of Sh100 million.
Nicholas Njoroge Ngatia, the director of Flex Air Charter limited, was arraigned before a Milimani court over claims of stealing from the company.
Njoroge appeared before Milimani Senior Principal Benmark Ekhubi where he denied several charges. The first count stated that Njoroge stole Sh.32,777,320.00 from Flex Air Charters Limited which came into his possession by virtue of his job.
It is alleged that he committed the offence on diverse dates between 30 of November 2020 and 31 of August 2022, at Co-operative Bank of Kenya, being a director of Flex Air charters Limited.
On the second count, Njoroge is alleged to have stolen Sh27.1 million, on diverse dates between 28 of July 2022 and 18 of February 2023 at Guaranty Trust Bank (Kenya) limited, being a director of the firm.
Njoroge was further accused of stealing Sh.30,086,288.00 from the firm on diverse dates between 2nd August 2021 and 28 of February 2023 at 1 &M Bank Limited.
On the last count, Njoroge is alleged to have stolen from the firm USD57,394 from its US Dollars account, an offence he allegedly committed on diverse dates between 22 of December 2020 and 28 of May 2022 at Co-operative Bank.
The court ordered him to deposit cash bail of Sh5 million in court, to secure his release.
Joseph Momanyi who is being investigated over allegations of hacking Jambopay financial system and transferring millions./PHOTO BY S.A.N.
BY SAM ALFAN.
The police are investigating claims that unknown persons illegally accessed Jambopay financial system and transferred Sh49 million to different mobile phone numbers and bank accounts.
While asking a Nairobi court to allow Directorate of Criminal Investigations (DCI) to continue holding a man suspected to be part of the syndicate that illegally transferred the funds, the police revealed that the fraud was committed last year.
In a miscellaneous application, the DCI through the Financial Investigation Unit, sought the detention of Joseph Momanyi for 10 days.
Inspector Nickson Ngigi told the court that the JamboPay Client portal was hacked on diverse days between 19th of July 2024 to the 23rd of July, 2024.
He said the system was breached by unknown unauthorized person(s) who illegally gained access to the system and transferred approximately Sh 49,095,968 from the account.
The monies, he said, were transferred to Safaricom mobile numbers (M-Pesa Wallets), several bank accounts and till Numbers.
Milimani Senior Principal Ekhubi rejected application to detain Momanyi for ten days but instead, allowed the police to detain the suspect for seven days at Muthaiga Police station.
The officer alleged that after gaining access to the payment platform, through the legitimate customer profiles of Korapay, Fincra and Jambo Pay transaction merchant account, the system attacker changed and disabled the client’s mobile numbers that received transaction notification (OTP) and thereby effected the transactions.
“Investigations have established that Momanyi actively facilitated the commission of the offense by procuring, recruiting individuals to operate or purchasing the subject bank accounts, thereby enabling the illicit transfer of funds,” court heard.
The investigating officer told the court that the suspect has demonstrated a pattern of deliberate evasion, utilizing mobile numbers registered in the names of other individuals, and using WhatsApp calls which constitute a clear intent to evade detection and apprehension.
“Acting on credible intelligence, Momanyi was arrested on the night of the 12th April 2025 and a search of his residence within Kahawa West resulted in the recovery of numerous assorted SIM cards registered under various individuals as well as multiple mobile phones and a laptop computer,” court heard.
He told the court that after interrogation, Momanyi revealed that he doesn’t work alone and that he agreed to assist investigators in tracing and arresting his accomplices.
“It is on account of the complexity and demands of the pending investigations coupled with the fact that the Respondent is a flight risk that the Applicant has invoked the cited provisions of law imploring this Honorable court to grant custodial order as prayed so as to allow my co investigators and I complete investigations into the matter,” court heard.
The next steps of investigation are going to be lengthy, complex, and include but not limited to the following to subject the respondent’s mobile phones and laptop to digital forensic examination to extract all and any information that will be useful in our investigations, to subject the said the SIM cards to the network providers in order to ascertain the users of the said SIM card, to trace the owners of the said SIM card for statement recording.
The officer said they further need to confirm the identity of Momanyi through the National Registration Bureau since he was not found in possession of a national identity card.
“As already indicated, intelligence in FIU’s possession holds that Momanyi is a member of a bigger syndicate of offenders. Luckily, Momanyi has indicated his willingness to assist FIU’s investigators in tracing and arresting other members of the syndicate,” court heard.
He said Momanyi’s alleged cooperation cannot be overlooked noting that he was the one who knows his accomplices well.
“Despite the promised cooperation, the FIU should not continue to hold the respondent in custody in absence of a custodial order issued by a court of competent jurisdiction,” investigating officer told the court. He told the court he will forward the Police File to the Office of the Director of Public Prosecution for a decision to charge once investigations is completed.
“Noting the seriousness of the offences indicated above, and also in cognizance of the fact that the respondent’s other accomplices are still at large, the applicant has reasons to believe that Momanyi’s life could be at risk from his accomplices,” court heard.
Grace Wanjiru Gathii before court where she denied storing bhang./PHOTO BY S.A.N.
BY REPORTER.
A mother of three has been charged with storing 34 kilograms and 303 rolls of bhang worth Sh 465,000 in her house in the Gachui area.
Grace Wanjiru Gathii appeared before Milimani Senior Principal Magistrate Robinson Ondieki and denied the charges.
Prosecution told the plea court that, on the 8th day of APRIL 2025 at Gachui area within Nairobi County, jointly with others not before court trafficked by storing 30 kilograms and and 303 rolls of cannabis (bhang) in her house with a street value of 465,000 in contravention of the provision of said act.
She accused that on the 8th day of APRIL 2025 at Gachui area within Nairobi County, jointly with others not before court she was found being in possession of 30 kilograms and 303 rolls of cannabis (bhang) with a street value of Sh 465,000 which was not in its medicinal form
Magistrate Ondieki released Wanjiru on a bond of Sh 200,000 or alternative cash bail of Sh 100,000 pending hearing and determination of her drug trafficking case.
China Road and Bridge Corporation-Kenya carrying constitution activities in Kenya.(COURTESY PHOTO).
BY SAM ALFAN.
A Chinese construction firm has suffered a major blow after the appellate court rejected its bid to suspend a directive for it to decommission and rehabilitate a quarrying site within six months.
Appellate court judges Lydia Achode, Weldon Korir and Prof. Joel Ngugi dismissed the application by China Road and Bridge Corporation-Kenya, seeking to suspend a judgement delivered by the Environment and Land court.
“In our view, therefore, given the state of evidence, public interest tilts in favour of denying the stay of execution not in granting it. We have said enough to demonstrate that the application dated 20th December, 2024 has no merit and we hereby dismiss it,” ruled the appellate judges.
The Judges noted that China Road and Bridge Corporation-Kenya did not place any evidence before court to show that should it be compelled to shut down its quarries.
The quarries are located in Ngong and the firm was apprehensive that the execution of the judgment would make it difficult for it to find other sources of construction materials within reasonable distance from Nairobi.
“We are not persuaded that the intended appeal would be rendered nugatory if the stay requested herein is declined,” said the appellate judges.
The judges noted that the issue at stake in the litigation was the right to a clean and healthy environment guaranteed by the Constitution to Charles Wachira, Esther Wambui, Evans Kinuthia and Elizabeth Wangui and the other citizens of Kerarapon, which the court found to have been violated by the applicant through its continued quarrying activities.
“Without the presentation of compelling further evidence to the contrary, which the applicant has not even attempted to do, the precautionary principle advocates for taking preventative action to avoid potential harm to the environment, even when there is scientific uncertainty about the nature or extent of the harm,” said the judges.
The company had challenged the decision of the Kajiado Environment and Land court, directing the firm to decommission the quarries, following a petition by Kerarapon Residents Association and Kerarapon Water Association.
The residents had sued on behalf of the residents of Kerarapon, an estate in Ngong within Kajiado County.
They brought the petition against the Chinese construction Firm primarily predicated on the constitutional right to a clean and healthy environment.
Their claim was that the quarrying activities going on on the land known as LR No. Ngong/Ngong/2627 operated by the Chinese construction Firm were causing them loss and damage. In particular, they claimed that the earth moving machines deployed to do blasting, excavation and extraction cause noise pollution and raise dust which cause respiratory ailments.
In addition, the blasting, excavation and quarrying have compromised the integrity of the foundation of their homes which are near the quarrying site.
The residents said the Chinese construction Firm had agreed to decommission the quarrying site and restore the site and urged the court to order them to adhere to that plan.
The officials were apprehensive that instead of following through with the decommissioning plan, the applicant had plans to extend the quarrying site. They sought orders to stop any such expansion.
The Environment and Land court Judge noted that the construction firm had already set out plans for decommissioning the quarrying site in a rehabilitation plan dated August, 2019 which is incorporated as part of the Environment Impact Assessment Report and the Licence conditions.
The court found that the extended quarrying activities must come to a close.
In their appeal, China Road and Bridge Corporation-Kenya argued that it has an arguable appeal and that refusal of the grant of stay orders will render that appeal nugatory and that the public and national interest stand to suffer irreparably should an order for stay of the impugned judgment not be issued as prayed in the application.
The company argued that some of the grounds it hopes to take up against the judgment include the fact that the learned Judge did not stipulate her reasoning for arriving at the conclusion that the officials rights to a clean and healthy environment were infringed and that the quarrying activities are unconstitutional and against public policy and national interest.
According to the Chinese construction Firm, the company will take up on appeal is the question whether the Judge ignored the fact that the rehabilitation plan she ordered to be adhered to was prepared for progressive restoration of the exhausted quarry pits only and not for the restoration of all the pits that are in use for the on-going construction of the Western by-pass Road Project.
The company further submits that the learned Judge demonstrably failed to give the defence and the applicant’s evidence its due weight, merit and regard including in interpreting the scientific evidence presented to the court.
The company argued that says that if the judgment is implemented, it would have serious and irreversible consequences yet an appeal is pending before this Court.
It was the company arguments that it is engaged in ongoing construction of some of the major road infrastructure projects in Kenya such as the Nairobi Western By-pass Road Project.
The company argued that the decommissioning of the quarry in question will, it says, immensely affect the cost of completion of these ongoing projects since they are all supported by the quarrying operations from the affected quarry.
“The cost of stoppage of these projects due to delay in completion of the projects on account of lack of material from the quarry to implement them during the pendency of the appeal is so monumental that the officials would not be in a position to compensate,” Chinese construction Firm told the court.
The company submitted that the public and national interest stand to suffer irreparably should an order of stay of execution not issue.
“This is because, it argues, the national projects which the applicant is supporting using the quarry will ground to a halt as from 7th April, 2025 absent a stay order. The effect of the closure of the quarry will be to increase the costs of these national projects; costs which will ultimately be additional burden to the tax payer,” court heard.
The company submitted that the principle of proportionality supports the grant of an order of stay in this case.
This is because, it submits, the applicant is undertaking a project of national importance which is to build a critical road infrastructure and that the attendant costs of the delay to the taxpayer should be balanced against the private costs to the residents in determining if to grant stay.
On the other hand, the association officials do not think that the appeal raises any arguable point.
They argued that the court’s findings and orders were based on uncontroverted evidence that they have suffered harm and loss.
The residents said the judgment was based, in part, on a written memorandum of understanding between the firm and the residents of Kerarapon where the company made a promise to restore the quarrying pits to their near original status upon completion of the construction of the Southern Bypass.
They said the key road has since been completed yet the company had proposed to extend rather than stop the quarrying activities.
