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TWO IN COURT OVER SH2 MILLION INVESTMENT FRAUD.

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Henry Figondo and Faith Mugathia where they denied obtaining Sh2 million. /PHOTO BY IRENE ONYANGO.

Two have been charged with obtaining Sh 2 Million from a businessman pretending that they would help develop an investment plan.

Henry Figondo and Faith Mugathia were accused of obtained the money from Paul Mungathia Igweta, by falsely pretending that he was in a position to assist him invest in an export processing company.

The couple appeared before Milimani Senior Principal Magistrate Robinson Ondieki and denied the charge.

The court heard that the duo committed the offence on diverse dates between 1st October 2020 and 30th December 2021 at Kileleshwa, in Nairobi with intent to defraud.

The duo were also charged with conspiracy to defraud.

Through their lawyer Stanley Kang’ai, the duo told the court that the amount in question resulted from a misunderstanding of fund labels from a construction that has been ongoing for the past three years.

The lawyer pleaded with to grant them lenient bond terms.

The court directed each of the accused persons to deposit cash bail of Sh50,000 to secure their release.

INDIAN DENIES ISSUING SH150 MILLION BAD CHEQUE FOR PURCHASE OF GOODS.

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Nikesh Popatlal Shah before court where he denied issuing bad cheque. /PHOTO BY IRENE ONYANGO.

BY IRENE ONYANGO.

A businessman has been charged with issuing a Kenya Commercial Bank (KCB) bad cheque worth Sh 150 million.

Nikesh Popatlal Shah, an Indian national was arraigned before Milimani Senior Principal Magistrate Robinson Ondieki and denied the charge.

Popatlal was accused of issuing a bad cheque on 16th May 2023 at Vibhuti Hardware Limited in Nairobi for Sh 150 million to be drawn from KCB account in favour of Accurate Steel Mills Ltd having previously instructed the bank to honour it.

He was released on a cash bail of Sh 100,000 and the matter will be mentioned on 12th March.

DISTILLERS’ LICENSE RESTORED AFTER CHALLENGING KEBS MOVE TO REVOKE PERMITS.

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Operations and packaging at Patiala Distillers Limited. /PHOTO BY IRENE ONYANGO.

BY IRENE ONYANGO.

The Standardization and Banks Tribunal has suspended an order revoking alcohol license granted to distiller Patiala Distillers Ltd.

The distiller said in a press briefing that the license was restored after Tribunal was informed that the revocation was made without affording the company a hearing.

Through its lawyer Danstan Omari, the company said the decision of Kenya Bureau of Standards (KEBS) to suspend the licenses of three of the company’s products was un-procedural and unfair.

Omari, while addressing the press at Milimani Law courts told said Kebs breached Article 47 of the constitution on Fair Administrative Action Act.

The lawyer said the tribunal had no option than to suspend the order and restore the revoked licenses.

Early this week Kenya Bureau of Standards suspended Patiala’s Standardization Mark permit numbers as well as the work permit, forcing the company to challenge the decision.

The Mavoko based alcohol manufacturer had also sought orders to restrain KEBS, Inspector General of Police, Kenya Revenue Authority and National Authority for the Campaign Against Alcohol and Drug Abuse from engaging or disruption or obstruction of the operations of Patiala’s work permit.

Omari said that his client’s company is a source of daily needs for many Kenyans as a source of employment.

According to Patiala, KEBS’ action was an obvious scheme to unjustifiably frustrate and obstruct its operations of a genuine business since there was no prior notice nor warning that could have assisted in order to avert the suspension.

WOMAN DENIES POSSESSING EQUIPMENT BELONGING TO THE GOVERNMENT WORTH MILLIONS.

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BY IRENE ONYANGO.

A woman has been charged with handling over 1000 equipment worth Sh2.9 Million belonging to a government agency.

Sheilah Chao Mwaikasi was arraigned before Milimani Chief Magistrate Susan Shitumbi and denied the charges.

Chao was accused that in the course of stealing, dishonestly retained 1292 kilograms of High voltage Earthing copper to wit 10mm 3 mm copper bars used for 132KV Installations, 70 sq. mm copper cable used for 132KV installations, 10mm and 70 sq. mm hole lugs for identified 132KV cables and bas 20*4mm copper bars used for 220KV installations and 95 sq. mm copper cable used for 220KV installations, belonging to the Kenya Electricity Transmission Company (Ketraco)..

The woman was also found in possession of 20mm and 95 sq. mm hole lugs for identified 220KV cables and bars, 120 sq. and 95 sq.mm cable used for 400KV installations and 120 sq.mm lugs used for 400KV installations worth Sh1,679,600.
She was allegedly found with the equipment on 30th January this year at Industrial Area along Lunga Lunga road in Embakasi South Sub County,

She was further charged with dishonestly retaining 330 kilograms of copper windings worth Sh429,000 the property of Kenya Power and Lightening Company (KPLC) knowing that they are stolen.

The court heard that Chao also received 197.5 kilograms of copper Earthing wires valued at Sh217,250 the property of Safaricom (K) Limited knowing that the same cables were stolen.

Chao was also accused of being in possession of the copper cable wires of other government entities including Kenya National Highway Authority (KENHA) and American Towers Cooperation (ATC) knowing that they were unlawfully obtained.

She was released on a cash bail of Sh 100,000.

ALCOHOL MAKER WANT COURT TO QUASH KEBS DECISION TO SUSPEND STANDARDIZATION PERMIT.

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Operations and packaging at Patiala Distillers Limited. /PHOTO BY IRENE ONYANGO.

BY IRENE ONYANGO.

Patiala Distillers Limited wants the High court to quash decision by the Kenya Bureau of Standards (KEBS) to suspend the company  permit without prior notice.

The company further wants the court to suspend KEBS decision to suspend the company standardization mark permits numbers. 

The Mavoko based alcohol manufacturer is also seeking the court to restrain KEBS, Inspector General of Police, Kenya Revenue Authority and National Authority for the Campaign Against Alcohol and Drug Abuse from engaging or disruption or obstruction of the operations of Patiala’s work permit. 

” Unless this Court moves with celerity and arrests the illegalities and injustices occasioned by the KEBS, the Applicant shall suffer irreparable harm and shall be a slap in the face of economic rights under Article 43 of the Constitution,” pleads tge company. 

Patiala Distillers adds that KEBS shall not be prejudiced if the orders sought herein are granted, and the leave so granted is ordered by the Court to operate as a stay of the 1 Respondent’s decision to immediately suspend Patiala s impugned licenses.

Through lawyer Danstan Omari the company says it has been incorporated in the year 2009. But on the 27 day of February, 2024, vide a letter of even date referenced as KEBS/HQ/SM/2411/VOL 2(233), KEBS decided to with immediate effect to suspend the Standardization Mark Permit numbers ‪26666. 27247‬ and 27253; permits that it issued to the Applicant

According to the company boss Mary  Muthoni Kagwehe the suspension wreaks of malice, bad faith and lawlessness as there has never at any time been any Show cause letters nor summons to the owners of the business from any investigative agency to aid in any form of investigations into any alleged violations of the Standards Act, the Alcoholic Drinks Control Act or any other statute in relation to the alcohol in question and rules made thereunder.

She says that the company is a source of daily needs for many Kenyans that the business has employed and this Honorable Court is hereby called upon to certify this application as urgent and apt for hearing.

“Patiala Distillers believes that KEBSt’s actions are an obvious scheme to unjustifiably frustrate and obstruct Patiala ‘s

operations of a genuine business since there was no prior notice nor warning that could have assisted the company to act in order to avert the suspension: a bid to frustrate Patiala’ s right to fair administrative action, “says Muthoni. 

Mary adds that the company is a daily source of income to many Kenyans since it has employed over 300 permanent employees and upto 1000 daily temporary employees who come in everyday,”

The company also believes that KEBS’ action is an obvious scheme to unjustifiably frustrate and obstruct its operations of a genuine business since there was no prior notice nor warning that could have assisted in order to avert the suspension.

In viral videos on social media on Monday 26th, Mathira Member of Parliament  Eric Wamumbi and Nyeri Senator Wahome Wamatangi had been seen leading citizens of Nyeri destroy Patiala drinks which they had alleged to have been illicit. The destruction appeared to have taken place at the deputy county commissioner offices who watched tge destruction by the politicians helplessly. 

DPP APPEALS MAGISTRATE’S REFUSAL TO RECUSAL TO RECUSE SELF FROM ACQUITTED FORMER CS ROTICH.

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Known as a no-nonsense outgoing Milimani Anti-corruption magistrate, Eunice Nyutu who has been transfered to Keroka Law courts in Nyamira county./PHOTO BY S.A.N.

BY SAM ALFAN.

Director of Public Prosecutions has appealed against a decision by trial Eunice Nyutu refusal to recuse herself and withdraw charges against former treasury CS Henry Rotich.

The former Milimani anti-corruption chief magistrate declined to disqualify herself from the case last year and instead proceeded to acquit Rotich and eight others for lack of evidence.

The DPP’s office, however, has faulted the magistrate who has since been transferred to Keroka law courts, for dismissing the application to recuse herself from the case and withdraw the charges against Rotich and co-accused.

“The appellant (DPP) prays that this court quashes and set aside the trial magistrate’s ruling declining to recuse herself from the matter,” said the ODPP.

The prosecution said that the trial magistrate erred in law and fact by misapplying principles of Judicial Independence and prosecutorial independence.

The ODPP faulted Nyutu for considering irrelevant facts in application for recusal and misapplying the test and or threshold for the recusal of a court where such application for recusal has been made.

The no-nonsense magistrate, Eunice Nyutu has dismissed several applications seeking to terminate cases pending before her.

Although the dismissal won her accolades for her tough stance, many were not happy especially those who were set to benefit from the discontinuation of their cases.

The magistrate has since been moved to Keroka law courts in Nyamira County.
Among the cases handled by Nyutu is the trial of former Nairobi governor Mike Sonko and Kenya Revenue Authority chairman Anthony Mwaura and the trial of the former Treasury CS Henry Rotich.

In the Rotich matter, Magistrate Nyutu summoned and even issued a warrant of arrest against former cabinet secretary and Meru Governor Peter Munya after refusing to appear in court to testify.

The prosecution, however, frustrated the trial by refusing to lead the witnesses in giving their testimony.

She later acquitted all the accused persons for lack of evidence.

The magistrate further declined Prosecution case to withdraw charges against Kenya Revenue Authority chairman Mwaura, his wife and companies in a case he was charged alongside former Nairobi Governor Mike Sonko.

In the case, the magistrate didn’t hesitate to condemn Prosecution conduct. She further recommended parliament to come up with policies on how to hold individual prosecutors accountable for failure to discharge their duties as required during trial.

Before these two cases, the magistrate had declined to withdraw charges against a Chinese businesswoman who has been charged alongside her husband in a multibillion scandal.

Magistrate Nyutu dismissed the application by the Director of Public Prosecution Noordin Haji, seeking to drop charges against Zhang Jing saying there was no new material that informed Haji’s decision to withdraw the charges against her.

“I am, therefore not convinced that there is new material that informed the dropping of changes against her as contrasted with other accused persons with similar circumstances to her,” ruled the Magistrate Nyutu.

MAIN SUSPECTS IN SH2. BILLION GOLD FRAUD AGAINST MALAYSIAN ARRESTED AND CHARGED.

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Kelvin Mwaura Ngotho before Milimani Chief Magistrate court wherr he denied stealing sh2. 8 billion from a gold buyer. /PHOTO BY S.A.N.

BY SAM ALFAN.

The prime suspect in Sh2. 8 billion gold scam was this morning arrested at the Milimani law courts moments after walking out of a courtroom for the hearing of a similar matter.

Kelvin Mwaura Ngotho was nabbed by police officers in court corridors and presented before Milimani Senior Principal Magistrate Robinson Ondieki for fraud related charges.

Ngotho was accused of conspiracy to steal $19,000,000 equivalent to Sh2.85 billion, on diverse dates between 19th October and 27th December last year. It is alleged that he committed the offence jointly with others not before court.

The charge sheet stated that he and others stole the money from Halid Bin Mohd Yavoob by falsely pretending he was in position to sell him 500kg of gold.

The prosecution told the court that on 27th of December last year at Kileleshwa in Nairobi city jointly with others who has already been charged before court they stole USD19, 000,000 from Yacoob by falsely pretending that he was position to sell him 500kg of gold.

Ngotho was released after posting a bond of Sh3 million or alternative cash bail of Sh1 million, after denying the charges.

According to the police, Ngotho main suspect in a Sh2.85 billion gold scam investigation involving two Malaysian nationals.

He was arrested in court precincts by the Operations Support Unit detectives after pursuing him since December 27, 2023.

The investigations established that Ngotho was the tenant of the Lavington-based premises in which the eight-gang member operated from, having entered a tenancy agreement with the landlord to use the property as a residential house.
On the day when the deal involving 50kg in fake gold was to be sealed, detectives stormed the house where Ngotho’s seven accomplices were rounded up but he managed to escape. They have since been arraigned

ALCOHOL MAKER CITES BUSINESS RIVALRY IN DESTRUCTION OF SPIRIT WORTH SH6 MILLION.

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Patiala Distillers limited. /PHOTO BY IRENE ONYANGO.

BY IRENE ONYANGO.

Alcohol maker Patiala Distillers Limited has accused the police of standing watch as its alcohol worth Sh6 million was being destroyed.

While dismissing claims that it distills illicit spirit, the firm wants the Independent Police Oversight Authority (IPOA) to take action against police officers who witnessed the destruction of 34,000 bottles of spirit.

The alcohol was destroyed at the Mathira East acting Deputy County Commissioners offices on Monday and the firm through lawyer Danstan Omari protested against the conduct of police officers for standing by and watching as their products were destroyed by citizens, led by Mathira MP Eric Wamumbi and Nyeri Senator Wahome Wamatangi.

Omari called out the politicians who led the residents in destroying the liquor, attributing  their action to business rivalry since the distillery had met all the government requirements and certification before distributing their products.

He further stated that business was facing competition and depending on the quality and customer satisfaction,  different individuals prefer different outlets hence the politicians should not interfere with private entities.

“The continous harassment faced by our client is very unnecessary. How can the so called leaders of the public lead the same public to destroy another person’s business which has employed thousands of Kenyans?,” argued Omari. 

In the letter to IPOA, Omari accused the two legislators of using the police to instill fear to the proprietors of the alcohol making firm.

The head of quality assurance and manufacturing, Mugiira Nthiga told the media that their  products undergoes all the safety measures to ensure they meet all the standards set by the law in breweries before distribution. 

The Mathira Member of Parliament Wamumbi  defended his actions stating that he was looking out for his community by preventing the alleged illicit drinks from hitting the market.

FORMER ADMINISTRATOR MOVES TO QUASH FORGERY IN SH 1 BILLION LAND. 

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Assistant Deputy Director Land Administration Officer in the ministry of Lands and Physical Planning Andrew Aseri Kirungu before court where he denied the charges over the said land./PHOTO BY S.A.N.

BY SAM ALFAN.

A former provincial commissioner facing charges of forgery in a Sh1 billion land has moved to the High Court to stop his prosecution.

Davis Nathan Chelogoi wants the High Court to declare that the intended prosecution as unlawful, illegal and a violation of his constitutional rights. 

The former administrator has a warrant of arrest over his head after failing to appear in court since last year, when his co-accused was charged. 

Chelogoi failed to appear in court on Tuesday but tabled in court documents from his doctor showing that he was advised to take a bed rest. 

The former administrator now wants the High court to declare that the Director of Public Prosecutions (DPP) Renson Ingonga acted in violation of the Constitution by sanctioning his arrest and intended prosecution while there is a pending case in a superior court. 

“A declaration do and is hereby issued that the intended Prosecution of the petitioner during pendency of ELC Case No  e70 of 2023 is an affront to proper administration of justice, abuse of court process and abuse of criminal justice system and violation of the right to administrative action, “says former PC. 

Chelogoi further seeks the court to declare that the DPP violated the constitution and acted in bad faith by refusing to prosecute Ashok Kupshi Shah and Hiten Kumar Amritlal Raja without reason and acted in violation of the principles of public prosecution policies by abusing the power of Nolle Prosequi. 

The former PC also seeks a declaration that DPP and Police have grossly violated his rights by aiding Ashok and Amritlal and attempting to interfere with a judicial process and an order for compensation. 

He argues that since the judge has not determined he committed any criminal act, DPP and police violated his by attempting to frustrate him through arrest and intended Prosecution. 

He adds that on the 21st of December last year, the investigating officer together with Ashok, Amritlal and officers from Spring Valley police station visited his land in Spring Valley area of Loresho and attempted to evict his workers and threatened them. 

He further claim that on 23rd of December officers from the same station visited his land with 20 goons and tried to evict him. 

“I have serious reasons to belief that the said arrest is actuated by ill and sinister motive, DPP and police intend to act contrary to law, to violate my constitutional rights,” says Chelogoi. 

He adds that he has in the past lodged several complaints against Ashok and Amritlal for fraud with intend to deprive him of his parcel of land known as LR No 18545 situate in Nairobi within OCS spring valley police station and DPP has recommended the prosecution of Ashok and Amritlal.

Last year, Nairobi Court issued a warrant for the arrest of former Nairobi Provincial commissioner Davis Nathan Chelogoi over failure to appear in court.

Chelogoi was required to appear in court to plead to charges of conspiracy to defraud a businessman of land valued at Sh1.3 billion in lower Kabete.

Milimani Magistrate Dolphina Alego issued a warrant for the arrest as Assistant Deputy Director Land Administration Officer in the ministry of Lands and Physical Planning Andrew Aseri Kirungu denied the charges over the said land.

The former administrator and Kirungu are accused of jointly with others not before court, conspiring to defraud Ashok Rupshi Shah and Hitenkumar Amritlal Raja of a parcel of land.

They allegedly committed the offence on or before the 9th day of December, 2020.

The and Reference No.18485 I.R. No.64011/1 measuring approximate area 7.390 hectares situated along Lower Kabete road valued at Sh.1.5 billion.

The two are also accused of jointly and unlawfully procuring registration of a parcel of land with intent to defraud.

The charge sheets state that they committed the offence 9th day of December, 2020 and 4th June, 2021 at the State Department of Lands and Physical Planning within Nairobi City.

WIDOWS FIGHT OVER REMAINS OF MAN WHO DIED AGED 100 YEARS.

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Family of the late Silas Kamuta Igweta and Sarah Kathambi Kamuta (left to right) Makena Igweta, Mercy Igweta, Purity Igweta and Mwenda Igweta at Milimani law courts. /PHOTO BY S.A.N.

BY IRENE ONYANGO. 

Two widows are fighting over the remains of an elderly man who died recently with each of the women claiming the right to bury him.

Grace Rigiri, the first wife of Silas Lamuta Igweta moved to court seeking to be granted the right to bury the man who died aged 100 years. The woman wants the remains interred at their matrimonial home in Embu.

However, Sarah Kathambi, opposed the petition saying Igweta and Grace separated 40 years ago.

Through lawyer Danstan Omari, the widow said their separation was based on cruelty on the part of Rigiri and her family.

Sarah further says that for the past 40 years, she has been the closest person to her late husband.

“My late husband has never acted as a husband to Rigiri since I met him 40 years ago, we’ve built our home together where we lived with our children in a nuclear family unit,” stated Kathambi. 

She further argues that her husband was a true Meru man with ego, a man who was in charge of public works in Meru with Influence and had the power in the community.

Sarah said it could therefore be true that Igweta would be coerced either by a man or woman to leave his house and move to an undisclosed area as alleged by the former wife in an affidavit.

Kathambi further argues that her and her family took care of her late husband through his sickness without any help from Grace.