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RESOLVE LAND DISPUTES AMICABLY, JUDGE URGES CITIZENS.

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Environment and Land Court Principal Judge Oscar Angote plants a tree during the Court's Open Day at Korogocho.

BY SAM ALFAN.

Communities have been advised to embrace home-grown land dispute resolution mechanisms that are effective, efficient and result-oriented.

Already, the High Court has established the Nairobi Land Justice Working Group to promote comprehensive initiatives aimed at settling land disputes in Nairobi City County.

The Working Group intends to harness people-oriented approaches such as Alternative Dispute Resolution Systems (ARDS) and Court Annexed Mediation.

The caucus will engage the public and stakeholders in consultative sessions to ensure their voices are heard and their concerns addressed fully.

The Principal Judge of the Land and Environment Court (ELC) Oscar Angote said the team has developed guidelines and an Action Plan with rigorous monitoring and evaluation mechanisms. This collaborative and comprehensive approach is expected to yield timely results.

Justice Angote was officiating the ELC Open Day and tree-planting exercise at the expansive Korogocho suburbia, the third largest informal settlement in Nairobi. He addressed the local community at the Daniel Comboni Primary School.

Justice Angote led a team of ELC Judges and Judiciary staff to plant trees on the banks of Nairobi River in the area.

The ELC Open Day and tree-planting exercise was replicated in 40 Counties where the court is established.

A similar initiative will be launched by Chief Justice Martha Koome on June 5.

Justice Angote pointed out that Nairobi City County as the country’s and region’s economic hub, holds immense potential for growth and prosperity. However, the County faced unique challenges related to land use, physical planning and environmental degradation, he noted.

The Judge reiterated the need for urgent effective environmental management and sustainable land use practices, which, he said, the court will strive to uphold.

The recent flooding within the capital city and especially informal settlements where lives have been lost, required urgent intervention, he said.

The ELC’s mandate is to resolve disputes related to security of land rights, sustainable management of natural resources, sound conservation and protection of ecologically sensitive areas and elimination of gender discrimination in land.

Justice Angote recalled that in the last 11 years, the ELC had reduced it’s case backlog from 30,000 cases in 2014/15 to 16,000 in 2021/22.

“As custodians of environmental and land justice, we are committed to applying the law diligently, guided by the principles of equity and sustainability. We aim to promote fair and timely resolution of disputes while advocating for responsible stewardship of our natural resources,” Justice Angote assured the locals.

The Principal Secretary in the State Department for Devolution Teresia Mbaika who joined the tree planting and addressed the gathering described the collaboration with the Environment and Land Court as vital, because it did not just involve planting trees, but was also sowing well cultured communities.

“The government advocates for an inclusive approach to strategize on how best to solve issues affecting its people,” PS Mbaika underscored.

SUPERVISOR CHARGED WITH STEALING STOCK WORTH OVER SH18 MILLION.

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Japheth Shitemi a supervisor with Chloride Exide before court./PHOTO BY S.A.N.

BY SAM ALFAN.

A supervisor with Chloride Exide has been charged with stealing properties worth over Sh18 million from the company.

Japheth Shitemi being a store assistant supervisor at Chloride Exide company ltd, was accused of stealing goods valued Sh6, 417,277 on diverse dates between 30th of December last year and March 1, this year in Nairobi.

He was also charged with stealing similar goods on the same dates valued Sh6, 292,937. 

Shitemi denied a total of 10 counts when he appeared before Milimani Chief Magistrate Susan Shitubi.

Among the goods he allegedly stole are 315 pieces of N70MFR powerlast batteries, 390 pieces of NS70MFL powerlast batteries and 262 pieces of NS70MFL Maxxit batteries.

The court ordered him to deposit a bond of Sh1 million or alternative cash bail of Sh 100,000 to secure his release.

MAN IN COURT OVER SH6.7 MILLION GOLD SCAM.

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Gold suspect Eugene Musilwa Pedro before court where he denied gold fraud charges.

BY IRENE ONYANGO.

A businessman man has been charged with obtaining Sh 6Million from Mnguni Mbulelo Ludgar.

Eugene Musilwa Pedro appeared before Milimani Chief Magistrate Susan Shitumbi and denied the charges. 

Musilwa is accused that on diverse dates between 16th and 17th April, 2024 at Lenana road 18 in Kilimani within Nairobi, jointly with others not before court conspired to defraud Sh6. 7 million. 

He defrauded the gold buyer by pretending that he was in a position of selling him 500kilograms of gold nuggets worth Sh 6,750,000.

He was further charged with obtaining Sh 6.7Million from Mbulelo by pretending that he was in a position to sell him 500kgs of gold nuggets a fact he knew to be false. 

Musilwa was released on a bond of Sh 2Million or an alternative cashbail of Sh 1million.

Mention date is on 7th May pending pre trial.

FORMER SCANGROUP CEO GETS COURT’S NOT TO SERVE UK FIRM AND ITS DIRECTORS.

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Former Scangroup Chief Executive officer O Bharat Thakrar. /COURTESY PHOTO.

BY SAM ALFAN.

The High Court in Nairobi has allowed former Scangroup CEO Bharat Thakrar to serve the UK-based parent firm WPP Plc and its directors with court documents.

Thakrar sued the UK-based firm and its subsidiary WPP Scangroup for loss and reputational damage linked to events that followed his suspension from the company he founded.

Commercial division Judge Josephine Mongare allowed Thakrar to serve the summons WPP Plc, WPP Scangroup Plc and its directors Richard Omwela, Pratul Shah, Andrew Scott, Dominic Granger, John Eggar, Jason Day and Shahid Sadiq.

Others named are Andrew Scott, Dominic Granger, John Eggar, Jason Day and Shahid Sadiq who are based in London, United Kingdom.

“The court hearby pleased to grant leave to the plaintiff (Bharat Thakrar) to effect service of plaint and the summon to enter appearance herein on 5th-9th Defendants (Andrew Scott, Dominic Granger, John Eggar, Jason Day and Shahid Sadiq) in London, United Kingdom where they are resident,” ordered judge Mongare. 

The court directed the case to be mentioned on June 17, this year to confirm the service to the London based residents.

Thakrar filed the case under certificate of urgency seeking the court to allow him to serve the directors who are based in London.

He said it was necessary for the disposal of the matter that the firm and the directors are served through the manner sought. 

Thakrar told the court that no one should be condemned unheard and it is therefore important that the firm and the directors be served to enable them to enter appearance and file a defense if they deem it necessary.

In the suit, the former Scangroup boss is seeking over half a billion plus potential earnings among other damages from the firm.

BIG WWIN FOR KCB.

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Kenya Commercial Bank. /PHOTO BY S.A.N.

COURT BLOCKS RELEASE OF TERRORIST PENDING DPP’S APPEAL ON 12 YEAR SENTENCE.

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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.

The High Court has barred prison authorities from granting a convicted terrorist remission, pending the hearing of a petition by the Director of Public Prosecutions Renson Ingonga.

Justice Lilian Mutende allowed the application by the DPP stopping the release of Dr Mohamed Abdi alias Abu Fidaa.

“An order of stay of the release of Mohamed Abdi Ali alias Abu Fidaa from custody be and is hereby granted pending hearing and determination of the instant application and subsequent appeal,” ordered Judge Mutende.

The court further barred Kenya Prison Service from releasing the jailed terrorist Dr pending appeal.

“An order for stay of grant of remission by Kenya Prison Service to Mohamed Abdi Ali alias Abu Fidaa be and is hereby granted pending hearing and determination of the instant application,” ruled the judge.

Dr Abdi was slapped with a 12 year sentence for terror related charges but has since served eight years in custody.

The DPP is apprehensive Dr Abdi might apply for remission, a move that will see him walk to freedom.

The judge directed all the parties to appear for hearing on April 29.

In the application, the DPP through Senior Principal Assistant Prosecutor Duncan Ondimu wants the court to suspend grant of remission by the Kenya Prison Service to the terrorist pending the hearing and determination an appeal.

“It would be just and fair that the accused remains in custody pending the hearing and determination of this application and the subsequent appeal and if the matter is not certified urgent and ex parte stay orders of the grant of remission, the Appeal shall be rendered nugatory,” Ondimu told the High court.

Ondimu submitted that the convict was arrested on the 29th April, 2016 and subsequently charged on May 3, 2O16 where he was charged with several counts arising from the Prevention of Terrorism Act (POTA).

The terrorist was on April 12, 2024 convicted and sentenced to 12 years in prison on all counts. The trial magistrate ordered the sentence to start running from the date of arrest.

“The sentence passed by the trial Court was not proper and did not take into consideration the principles of sentencing as provided under POTA, Case Law and Sentencing Policy Guidelines,2023,” Ondimu told the court.

He added that based on Section 46 of the Prisons Act CAP 90 that provides for remission of sentence, there is a very high risk of the appeal being rendered nugatory by release of the convict before hearing of the appeal.

The convict, he said, was in custody from the time of arrest and was never granted bail by the Trial Court and the High Court and there is a likelihood of him absconding if he is released from custody.

Ondimu added that the offences for which the terrorist was charged with are serious offence and the Court should examine whether his acquittal in count 3, 5 and 6 was proper.

He said the DPP is dissatisfied and aggrieved with part the Judgment of the Trial Magistrate Martha Mutuku and has already requested for a copy of the typed certified proceedings.

He added that the sentence passed by the trial Court was not proper and did not take into consideration principles of sentencing as provided under POTA, hence manifestly illegal.

He added that based on Section 46 of the Prisons Act CAP 90 that provides for remission of sentence, there is a very high risk of the appeal being rendered nugatory by release of the Convict before hearing of the appeal.

“There was no Risk Assessment Report from the National Counter Terrorism centre (NCTC) as alleged by the Respondent and there is need for the Report in determining whether the Respondent is entitled to remission and the convict was in custody from the time of arrest and was never granted bail by the Trial Court and the High Court and there is a likelihood of him absconding if he is released from custody,” court heard.

According to the state, the offences for which the convict was charged with are serious offences and this Court should examine whether his acquittal in count 3, 5 and 6 was ProPer.

He faulted the trial Magistrate for failing to consider materiai facts while acquitting the Convict in counts in three counts, among others.

The DPP submitted that the magistrate failed to appreciate recovery of materials based on online materials and various social media platforms, the appreciation of the legal regime in relation to information technology investigation and recovery of materials thereof from electronic gadgets, the appreciation of the elements of the offence of solicitation in support of terrorism offences.

He further said magistrate Mutuku failed to appreciate the elements of the offence of promotion of terrorist activities and the direction does not have to be implemented to the entire extent

Ondimu submitted that the charges are very serious offence and relates to issues of national security and Magistrate failed and or neglected to take into account principles of sentencing as provided under POTA.

ESTATE DIRECTOR CHARGED WITH FORGING WILL.

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Samuel Ngugi Ndinguri before court where he denied forging a will of deceased boss. /PHOTO BY S.A.N.

BY IRENE ONYANGO.

A 58 year old businessman has been charged with forging a Will to his deceased boss.

Samuel Ngugi Ndinguri was charged alongside the deceased second born daughter Dinta Devani Pathania, Abhay Sigh Pathania and Addah Nduta Ndambuki.

They appeared before Milimani Chief Magistrate Susan Shitubi and denied the charges of conspiracy to defeat the course of justice, forgery, uttering false document and false swearing.

According to the charge sheet, the four allegedly conspired on June 5, 2019 and forged the Will of Balkrishna Ramji Haribhai Devani.

The court was informed that they committed the offence jointly with others not before court and at an unknown place.

They were further accused of intermeddling with the estate by transferring the shares of Pelikan Signs Limited without express authority.

The charge stated that they committed the offence on 11th November, 2019 at the offices of the Registrar of Companies, Sheria House in
Nairobi county while not the administrator to the estate of the late Devani.

Dinta was charged with intermeddling in transferring the shares of Silverstar Properties Ltd at the offices of the Registrar of Companies, Sheria House while not the administrator to the estate of the late Devani.

According to the police report, Ngugi had been appointed the Director of the late Devani’s estate before he conspired with his daughter.

The court issued warrant of arrest Dinta, Singh and Nduta for failing to appear in court for plea taking without prior communication.

Ngugi was released on a bond of Sh 3Million or an alternative cashbail of Sh 1Million plus 2 contact persons pending pre trial.

The case will be mentioned on May 6.

LADS CAUGHT ON CAMERA HANGING PRECARIOUSLY IN A MOVING VEHICLE PLEADS GUILTY.

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Peter Igandwa Aggrey and Peleg Mosongo Monari before court where they pleaded guilty. /PHOTO BY S.A.N.

BY SAM ALFAN.

Two men captured hanging precariously in a fast moving vehicle have been charged with riding dangerously.

Peter Igandwa Aggrey and Peleg Mosongo Monari appeared before Milimani Traffic Principal Magistrate Martha Nanzushi and pleaded guilty to the charges.

The duo was captured in a video that has since gone viral riding on Mombasa Road as the high-end vehicle sped away.

The charges against the 23 year old Igandwa and Mosongo, 20 were that they rode dangerously by sitting on the door of a Mercedes Benz.

They are accused of committing the offense on April 20, 2024 at about 1500hrs along Mombasa road in Nairobi County.

They will remain in prison until Monday pending probation report to be produced before being sentenced.

POLITICIAN IN TROUBLE FOR IMPERSONATING ANTI-GRAFT OFFICER.

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Kitui parliamentary aspirant Millitonic Mwendwa Kitute before Milimani Anti-Corruption Magistrate. /PHOTO BY S.A.N.

BY SAM ALFAN.

A politician has been arraigned before a Nairobi court over allegations of impersonating an officer from the anti-corruption agency.

However, Millitonic Mwendwa Kitute te was released by the court on condition that he will be reporting to the Ethics and Anti-Corruption Commission once every week, pending conclusion of investigations.

The agency is seeking to investigate eight phones confiscated from Kitute who has allegedly refused to give them a password to access the gadget the agency believes to contain key information.

In an earlier application before Milimani Anti-Corruption Magistrate, the anti-graft body sought to detain the suspect for 14 days as they conclude investigations.

“I am apprehensive that the Respondent given an opportunity shall go into hiding, influence witnesses and also tamper with the evidence in order to scuttle the investigations,” says the investigator.

He submitted that for purposes of the ongoing investigations, it was necessary for the said respondent to be held in custody for a period of at least Fourteen (14) days to enable the conclusion of the investigation.

The court heard that the Commission is undertaking investigations against Kitute for the offence of Impersonating an EACC investigator.

“The said respondent(Kitute) was arrested in Kitui on 20th April 2024 after hot pursuit following a complaint that was made to the EACC,” agency investigator.

The court heard that preliminary investigations by the Commission reveal that Kitute is a serial fraudster seeking for benefit from members of the public on the guise of being an employee of EACC.

The anti-graft agency said it commenced investigations in respect of the said suspicious activities and thus necessary that the Commission be given more time in order to conduct a thorough investigation and call for information from members of the public who have fallen victim.

“The Commission is undertaking investigations against the respondent for the offence of Impersonating Ethics and Anti-Corruption (EACC) investigator contrary to Section 34 of the Anti-Corruption and Economic Crimes Act, 2003,” says the commission.

Kitute was arrested in Kitui on 20th April 2024 after hot pursuit following a complaint that was made to the EACC.

The Commission has commenced investigations in respect of the said suspicious activities and thus it is necessary that the Commission is given more time in order to conduct a thorough investigation and call for information from members of the public who have fallen victim.

The agency told the court that despite the request to Kitute to give the passwords to the said electronic devices, he has neglected or refused to reveal the same hence the importance of the court to make an order compelling him to give the same.

“I urge this Court to compel the Respondent (Kitute) to provide to the Investigating Officer passwords to the following electronic devices that in his possession and that were recovered from him which will aid in the speedy conclusion of the investigation, ” said investigation.

FORMER CS ECHESA CHARGED WITH ATTEMPT TO EXTORT SH1.5 BILLION FROM GOVERNOR BARAZA.

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Former Sports Cabinet Secretary Rashid Echesa before Kibera court. /PHOTO BY S.A.N.

BY NT CORRESPONDENT.

Former Sports Cabinet Secretary Rashid Echesa has been charged with demanding Sh250 million from Kakamega Governor Fernandez Barasa by falsely accusing the Governor for kidnapping him.

Echesa appeared before Kibera Magistrate Senior Principal Magistrate Monica Maroro and denied the charges.

The former CS is charged alongside businessman Joseph Waswa alias SSP Kiprop but was not present in court to plead to the charges.

The two are accused that on 18th March this year while at unknown place jointly with others not before court with intent to defraud conspired by falsely accusing Governor Baraza of kidnapping Echesa.

They demanded for Sh250 million in order to drop false accusation against him.

Echesa alone is charged with obtaining Sh10 million from the Governor by falsely pretending that he was in position to delete some alleged inappropriate photos and video clips of him found in a ‘gadget’ confiscated from the Muslim holy man babu yusuf Milale.

The two are also accused of attempting to extort Sh1. 5 billion from the Kakamega county boss by threatening him that he will be accused of kidnapping the former CS if their demand was not met.

Waswa alias SSP Kiprop is facing charges of cyber harrassment.

He is charged that on 19th day of March this year at unknown place while using WhatsApp number 0723****66 he sent a WhatsApp message “Bure by saa inne i will have circulated all ur nude photos kwa hizo WhatsApp groups?” to the Governor number the information he knew that would be detrimentally affect him.

He was released on a cash bail of Sh500, 000.