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CITY BUSINESSMAN DENIES SH 70 MILLION LAND FRAUD CHARGES.

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BY NT CORRESPONDENT.

A Nairobi businessman has been charged with intent to fraudulently acquire a parcel of land in upmarket Karen area worth Sh70 million.

Osman Abdullahi Ali appeared before Milimani Chief Magistrate Martha Mutuku and pleaded not guilty to charges including forgery, making false documents and obtaining millions by false pretense.

The prosecution told the court on unknown dates and place in the country, jointly with others not before court with intent to defraud Ben N. Murumba Nakitare his land L. R NO. 5892/10 measuring 1 acre, Abdullahi forged an indenture.

The court heard that the land situated in Karen along Ololua road and valued approximately Sh70 million. It is alleged that he forged an indenture dated February 2,2005 purporting it to be a genuine one, drawn and signed  by Lucy K. Nyaencha  and advocate of the high Court.

Abdullahi is also charged that on March 22, 2016 at Nairobi City center, he obtained a loan of Sh5 million from Speed Capital limited by falsely pretending that the indenture dated January 2, 2005 effecting a charge on the said land, is valid by the said advocate.

He is also alleged to have forged the signature of Elizabeth Gicheha on indenture dated February 2,2005 purporting it to be genuine indenture signed by the said Elizabeth a Registrar of titles of lands at Ardhi House.

Abdullahi is also facing charges of making false documents and also forging the signature of Ben Murumba.

He was released on cash bail of Ksh2 million and bond Sh5 million pending hearing and determination of the case.

DPP TO TABLE NEW EVIDENCE AGAINST GARISSA GOVERNOR KORANE IN GRAFT TRIAL.

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BY SSAM ALFAN.

A Nairobi court has adjourned the graft trial of Garissa Governor Ali Korane to allow the Director of Public Prosecution Noordin Haji to include new evidence in the case.

Appearing before the trial Magistrate Douglas Ogoti, the DPP said he wants to supply the new evidence before the trial begins.

The trial was set to begin on Monday but the DPP through senior state counsel Mercy Gateru said he has damning evidence to nail Korane and his co-accused in the Sh233 million graft case.

Gature told the magistrate that in the course of pretrial with the witness, they discovered new evidence which will be vital for the case.

Gateru sought 14 days to serve the defence with the new evidence.

However Ogoti allowed the DPP’s application to introduce new evidence within 14 days and a further two weeks for the defense to prepare.

The case was adjourned until April 19 for hearing.

In the case Korane is charges together with four county officials with eight counts of conspiracy to commit an economic crime, failure to comply with procurement law relating to management of public funds and misappropriation of public funds.

Korane and his co-accused persons are that between February and September you conspired to commit an economic crime namely mismanagement of public funds allocated to county government of Garissa as a conditional grant for the Kenya Urban support Programme amounting to Sh 233,506,000.

The were charged that between February 25, 2019 and September 30, 2019 within Garissa County they mismanaged public funds allocated to the County Government of Garissa as a conditional grant for the Kenya Urban Support Programme (KUSP) amounting to Kshs. 233.506.000.


Korane and his co-accused Ibrahim Malow Nur, Mohamed Ahmed Abdullahi, Abdi Shale and Ahmed Abdullahi Aden denied the charges.

RETIRED CJ WILLY MUTUNGA CALLS FOR “REVOLUTION” AS HE “REVISITS” MARAGA’S POLITICAL BATTLES

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BY SAM ALFAN.

Former Chief Justice Willy Mutunga has denounced political attacks against the Judiciary and advocated for a decisive civil revolution in the country’s leadership.

The soft-spoken but hard-hitting jurist and acclaimed civil rights crusader has proclaimed; “Saa ya Mageuzi na Mapindizi imefika.” (The hour for real change and revolution is nigh)

In a series of unapologetic tweets on his personal handle, Dr Mutunga abhorred the errant behaviour of the political class when the country was facing the wrath of Covid-19. The leadership had arrogantly displayed “the stupidity of drinking from the wells of politics of division,” he exclaimed.

Dr Mutunga, who quit one year before his official retirement, recalled his political persecution that followed his successor David Maraga.

The spirited attacks from the political divide were similar in 2013 and 2017 when the Supreme Court adjudicated on the presidential election petitions.

Dr Mutunga, while chairing the seven-member bench in 2013 had upheld the victory by Jubilee Party against the Rainbow Coalition.

Conversely, in a split decision, the Maraga bench had nullified President Uhuru Kenyatta’s election and ordered a repeat poll in 2017.

The two judicial decisions by the highest court in the land still attract virulent attacks against him and Justice Maraga, the retired CJ recalled.

In 2013, Dr Mutunga recalled, the Jubilee brigade sung praises while CORD followers cried foul over the dismissal of the presidential election petition.

In another twist, the NASA antagonists congratulated the Supreme Court in 2017 while Jubilee followers spewed hatred on the decision by the bench.

“I believe this would have happened if King Solomon was the Chief Justice in 2013 and 2017,” Dr Mutunga reflected in his tweets.

The retired CJ rhetorically posed; “Now that Jubilee and NASA are in a dictatorship, how is their respective following doing?

Judges have always found themselves in trouble over various court decisions they make especially if it involves politics against Jubilee Party and NASA coalition despite the two sides benefits from various court rulings and judgement since 2013.

High Court Judge George Odunga found himself being condemned by Jubilee supporters and government officials wherever he made orders they deemed anti- government but the judge remained firm on his decisions.

On OOctober 25, 2017, Court of Appeal overturned Justice Odunga decision that finding that the electoral commission illegally appointed 290 returning officers has offered relief to the polls agency, which is faced with the question of the legality of today’s election.

LEGAL FRATERNITY HONOUR RETIRED JUDGES.

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BY SAM ALFAN.

Members of the legal fraternity paid tribute to judges who retired in the past three years thanking them for the enormous contributions during their tenure.

Fellow judges and lawyers alike paid glowing tribute to Justices Erastus Githinji, Alnashir Visram and Philip Wako who retired from the bench after attaining 70 years.

The retired judges also thanked their former colleagues and lawyers with Justice Visram regarding the Judiciary staff as family.

“The best of it (life) has been on the bench which was literally my extended family. Courts took more of my time than the family did. Court family has varying qualities which enriched my 24-yr experience,” said the Rtd Judge.

On his part, Justice Githinji said he enjoyed working at the Court of Appeal, especially because of the practice of the court – collegiality.

” For all the judges whom I worked with, I thank you very much for your cooperation,” added Githinji.

Visram said during his time in the Judiciary, he felt that Judiciary staff and judges were among his friends and family not by blood but of common purpose.

” As I stand here today, I feel among my friends and family not by blood but of common purpose, shared ideals, about the rule of law, and of our values, and our vision for the future of our constitutional democracy,” he said.

While speaking at the event to honor retired judges, Acting Chief Justice Philomena Mwilu appreciated them personally and behalf of the entire Judiciary and legal fraternity.

She said the legal fraternity was grateful for the enormous contributions they made to the court of Appeal, the Judiciary and to the nation.

“Your leadership, your commitment to your oath as judges and to the principles of constitutionalism and rule of law, stewarded this court, the Judiciary and indeed the entire nation, towards a fairer, more just, more equitable, and manifestly democratic future for all Kenyans”- the Ag CJ said.

She added that their contributions to the court jurisprudence and development of legal theory, procedure and practice in Kenya are a valuable and a cemented legacy.

“Your wider contributions to the development of our constitutional democracy are similarly writ large in the history of our young nation.

“I have no doubt that in retirement, we can look forward to continuing to benefit from your exceptional contribution to the law, to the Judiciary and to this country” added Mwilu.

Court of Appeal president William Ouko said that Judiciary will be accorded great respect by State and citizens it assert its freedom and impartiality to decide disputes fairly.

He added that Judges will use their skills to protect the rights of individuals, bearing in mind that they are accountable to Kenyans on whose behalf they exercise judicial power.

“We are here to demonstrate to our brothers and their families how much we appreciate and acknowledge their contribution to the entire nation; to show our gratitude for the enormous contribution they have made to the development of the law and administration of justice”, said Ouko.

Attorney General Kihara Kariuki told the retired judges that in many courtrooms they have sat, their legacy will continue to live.

On his apart, Law Society of Kenya president Nelson Havi said that the combined ages of the three Judges served at the Judiciary has left over 100 years of an indelible mark in the legal history of Kenya.

“They are retired but are not tired. I wish them well as they leave the Judiciary,” added Havi.

CITY MCA LOSES SEAT IN BRIBERY CHARGES.

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BY SAM ALFAN.

Karen MCA on Thursday became the first County elected leader to lose his seat after he was found guilty of bribery charges.

David Mberia who was facing charges alongside two others, was found guilty of

with conspiracy to commit the offence of corruption but they were found not guilty and released. Mberia was facing three other charges which he is was found guilty of demanding a bribe of Sh1 million.

The court sentenced him to pay a fine of Sh 700,000 for the three counts or serve three years in jail. The sentences will run concurrently.

“The accused is barred from holding public office as Member of County Assembly in accordance with the law. The Judgement will be given to the speaker of the county assembly for compliance,” ruled the magistrate.

Mberia and his co accuses were accused of demanding a Sh1 million bribe from the owners of Kiragu Waichahi school in Pumwani, Kamukunji.

“The Constitution requires state officers to uphold very high standards in the discharge of their duties,” said the prosecutor adding that the events leading to this case took place during the discharge of his (accused) duties.

While urging the court find him guilty, the prosecution said integrity was lacking in the manner in which the MCA handled the events.

The state had requested for a maximum sentence as stipulated in the constitution to ensure the accused and other Kenya citizens deter from committing similar offences.

In mitigation, his lawyer said Mberia is a first time offender, human and prone to error.

“He is remorseful and has been attending court religiously since the commencement of this trial,” the court heard.

The lawyer pleaded for leniency and non-custodial sentence, preferably a fine, on grounds that he is a family man with four children. 

The court also heard that defense intends to appeal against the said judgement.

They allegedly demanded a Sh1 million bribe from the owners of Kiragu Waichahi School, which is in Pumwani Ward of Kamukunji Constituency.

Mberia was among MCAs and members of the county’s Culture and Social Services Committee, with Mr Njihia as the chairperson.

They are said to have demanded the bribe in order to prepare a favourable report for the assembly, to counter their previous allegation that a private school in Eastleigh was illegally established.

Ethics and Anti-Corruption Commission (EACC) accused the trio that between April 8 and 25 ,2019 within Nairobi County being elected members of county assembly conspired to receive a bribe of Sh 1,000,000 from Samuel Maina Kiragu.

Mberia alone is accused that on April 25,2019 at city hall lounge within Nairobi city county being elected Member of Assembly for Langata /Karen ward requested Sh1,000,000 from Maina.

He also charged with requesting Sh 500,000 and Sh 200,000 from Maina.

During the hearing if the case the prosecution inform the trial court that on April 10,2019 the accused persons visited Kiragu Waichai Schools situated at Kiambu , Eastleigh section 3 and met with caretaker Anthony Waweru Wachira .

According to the caretaker , the MCAs claimed that the private school was built on public land and demanded for ownership documents and thereafter the caretaker informed the school property manager Samuel Maina Kiragu about the matter.

On April 18, last year , the caretaker called the school property manager to inform him about the letter which was produced in court as exhibit.

It was alleged that the letter originated from the clerk , Nairobi city county government and was delivered by the secretary to the area member of the county assembly.

Maina testified that he instructed a lawyer to respond to the letter, however, on April 24, he received a call from MCA Njihia inquiring why a lawyer was involved yet the matter could be amicably resolved

INSURANCE COMPANY DIRECTOR ARRAIGNED IN COURT OVER SH8 MILLION THEFT.

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BY SAM ALFAN.

A director of a insurance company was arraigned before a Nairobi court to face charges of stealing Sh 4 millions by agent.

Cecilia Bridget Rague who is also the CEO of Underwriting Africa Insurance Brokers appeared before Milimani Chief Magistrate Martha Mutuku but did not plead to the charges.

The magistrate differed the plea to a further date to enable firm through the Investigating officer in the case to arrest co-directors of Rague who are still at large.

According to a charge sheet filed in court Rague and Underwriting Africa Insurance Brokers are accused that on December 6,2019 at NCBA Westlands branch in Nairobi jointly with others not before court being the agents of Sanlan General Insurance limited they stole Sh. 4,659, 934 million the property of Sanlan General Insurance limited which had been trusted to them by remittance as reinsurance premiums to continental reinsurance Ltd.

They are also accused that on the same dates at NCBA Westlands branch in Nairobi jointly with others not before court being agents of Sanlan General Insurance Ltd stole Sh 2, 011,760 Million property of the said company which had been entrusted to them for remittance s reinsurance premiums to Ghana reinsurance Ltd.

The duo are further accused of stealing Sh 2,427,160 property of the Sanlan General Insurance Ltd which had been entrusted to them for remittance as reinsurance premiums to CICA reinsurance.

Rague and company other representative will appear before Milimani Chief Magistrate to plead to the five charges of stealing by agent next month

COURT ORDERS TRIO TO BE INTERROGATED OVER ALLEGATIONS OF DEATH THREATS TO A STATE WITNESS.

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suspects Megji Patel, Nilesh Bhaavsharu and Mukesh Savla before Milimani law courts on Thursday February 25,2021/PHOTO BY S.A.N.

BY PHOEBE WANJOHI.

A Nairobi court has ordered three businessmen to appear before Directorate of Criminal Investigation Gigiri on Friday at 10pm for question over extortion and death threat issued to a state witness.

Milimani Senior Principal Magistrate Kenneth Cheruiyoit ordered the suspects Megji Patel, Nilesh Bhaavsharu and Mukesh Savla to present themselves before the police for interrogation after lift a warrant of arrest against them.

The new directive for the trio came hours after their co-suspect Nairobi tycoon Ashok Rupshi Shah presented himselves at DCI Gigiri and was released on cash bail pending his appearance Friday.

Last week the magistrate issued the arrest order against the four suspects
following an urgent application by the complainant Pareshkumar Keshavji Dodha who said the investigating officer in the case has failed to arrest them.

The four may on Monday face charges of conspiracy to defeat justice, possession of an illegal firearm and attempting to extort Sh 10 million from another Dodha.

WIN FOR STATE AGENCY IN BID TO RECOVER FUNDS STOLEN FROM NYS.

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BY SAM ALFAN.

Assets recovery Agency (ARA) has won big after the High Court Anti-Corruptuon ordered the forfeiture of Sh97.6 million belonging to the mother of a suspect facing charges over the alleged theft of Sh791 million from National Youth Service (NYS).

Justice Mumbi Ngugi ruled that the money in four accounts belonging to Charity Wangui Gethi and Samuel Mdanyi Wachenje alias Sam Mwadime were proceeds of crime having been siphoned from NYS between 2014 and 2015.

Gethi is mother to Ben Gethi who is facing charges over the loss of Sh791 million from the state agency.

“Accordingly, i find and hold that the application by Assets Recovery Agency (ARA)is merited and a declaration is hereby issued that the funds Sh 97,682,424 held in the names of Wangui and Wachenje at Faulu kenya limited, Standard chartered bank Ruaraka branch, Family Bank and Old Mutual money Market fund Nairobi are proceeds of crime and liable for forfeiture to the government,” ordered Mumbi.

The judge further said that Sh97.68 million which the court had earlier ordered be deposited into account number ‪1000320079‬ at the Kenya Commercial Bank (KCB) in the name of the agency will now be forfeited to the government and later transferred to Assets Recovery Agency.

Justice Mumbi forfeited the funds after the two suspects failed to show a legitimate source of the funds deposited in the several bank accounts from NYS accounts in the ‪2014-2015‬ period.

“Wachenje has not bothered to proffer an explanation for the source of the funds. Wangui has proffered an explanation that does not satisfy the court that the agency’s contentions are wrong,”ruled Mumbi.

Although Gethi mother defended the funds saying she earned it genuinely from her business entities, the court said ARA had proved that the funds moved from NYS prime suspect Josephine Kabura Irungu, to Gethi’s business associates then to some law firms then eventually to her accounts.

“It would also be quite a strange coincidence that on the same dates and in the same branch of the same bank, that funds were moving from Josephine Kabura Irungu’s business entities, then the same quantity of funds were being deposited in the accounts of John Kago and thereafter the her advocates and then into her accounts,” the Judge said.

She said ARA had established on a balance or probabilities that the funds in the four accounts were proceeds of crime, having been part of the funds fraudulently transferred from NYS.

“Having so found, then the only recourse to the court is to find that as proceeds of crime, they are liable to forfeiture to the state,” the Judge said and dismissed her defence that because she has not been convicted in relation to NYS funds, then the funds were from genuine business.

The money was in four accounts, including 79.6 million in Ms Gethi’s account at Faulu and in her name, Sh10 million at Family Bank in the name of Mr Mwadime, a further Sh7.8 million at Standard Chartered bank in and another Sh204,000 at Old Mutual both in Gethi’s name.

According to the court papers, the agency says that from the amounts paid to the accounts of Kabura a total of Sh 381 million was transferred by the busineslady to one John Kago Ndungu and Goodluck Treaty Eleven Enterprises at Family bank, Cargen branch on diverse dates between January 20 and June 2015.

It is said that Kabura later transferred Sh 273 million to Kago on diverse dates between April 10 and June 9,2015 and another 108 million in the name Goodluck Treaty Eleven Enterprises, a business entity owned by Kago.

The agency further presented bank statements showing that out of Sh 273 million Kago received in his bank accounts, he transferred through RTGS a sum of Sh 103 million and another 10 million to K-Rep Bank in the name of Ogola and company advocates between March and June 2015.

The court heard that the firm of Ogola and company advocates upon receiving a total of Sh 113 million from Kago, transferred Sh 79,676,505 to Charity Wangui bank account held at Faulu Kenya Limited.

Muthoni also tabled in court a statement made by lawyer Patrick Ogola on May 28,2015 showing that his law firm out of the Sh 113 million they received from Kago, they transferred another Sh 20 million to Wangui.

According to further evidence availed in court by the agency show that on April 8,2015 out of the Sh 273 million held at Family bank in the name of Kago, he transfered another Sh 78 million to M.M Gitonga and Associates bank accounts held at Prime bank.

COURT SUMMONS THREE NOKIA CORPORATION DIRECTORS TO PLEAD TO CHARGES.

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BY SAM ALFAN.

Three directors of giant mobile manufacturer Nokia Corporation are wanted by the Kenya court.

The court summoned the directors to plead to charges of illegally obtaining tax information of Techno Service LTD.

Milimani Senior resident Magistrate David Ndugi issued the fresh summons after the directors namely Roschier Attorneys LTS, Rajee Suri and Aapo Saariviti failed to honour the earlier orders to appear in court.

“Summons to issue to all accused persons who are in Europe in order to take plea vitually on March 16, 2021 at 2pm,”ordered magistrate Ndugi.

The court further ordered the Milimani Administrator together with the ICT department to organise the video conferencing on March 16 to enable the accused plead to the charges virtually.

Ndugi further ordered the complainant in the case to serve the accused persons with the summons to appear in person for plea on the scheduled date.

The directors have been ordered to take plea after the court late last year allowed Techno Service Ltd to privately prosecute them for illegally obtaining its tax information for use before an international arbitration court.

While allowing the application principal Magistrate Esther Kimilu ruled that despiteTechno service ltd through it’s director Bulent lodging a complaint with the Directorate of Criminal Investigations (DCI) and the Director of Public Prosecutions (DPP) in December 5 2018, no steps have been taken to prosecute Nokia or its agents.

“The applicant(Technoservice Ltd) is hereby granted leave to institute and proceed with private prosecution proceedings against Nokia Corporation, Roschier Attorneys LTS, Rajee Suri and Aapo Saariviti in person, their directors and agents,” ordered Kimilu.

She also directed Technoservice ltd file a draft charge sheet within 30 days and said the DPP is free to take over the proceedings, after it has been filed.

Nokia and its agents have been accused of unlawfully obtaining its tax filings and records from the Registrar of Companies and used the information in a case that was pending before the ICC Court of Arbitration pitting the two firms.

The company alleged that Nokia obtained the information for purposes of defeating justice in the arbitration proceedings.

The giant Nokia or its agents are said to have obtained the information from Registrar of Companies and Kenya Revenue Authority (KRA) between September 2018 and March 2019

The magistrate further confounded why the DPP despite admitting of being aware of the complaint had never taken steps either to direct its investigations or in the alternative prosecuting it anyway.

“Tax records are confidential, yet it would appear that the applicant’s tax filings were disclosed to the respondents or their representatives who were able to use the records in the ICC arbitration,” noted the Magistrate.

Nokia had opposed the application to allow private against them saying that the filings were defective and that they were foreigners and therefore required to be served by diplomatic means.

The company further contended that the applications are an abuse of the court process as the issues raised therein were subject of ICC Arbitration case No. 23513/FS which was terminated on February, 2020.

Nokia also said Technoservice was litigious and the case was a demonstration of its owner’s vindictive attitude against Nokia.

However the DCI through constable Daniel Githiari filed an affidavit saying that they received a complaint and that they did not progress the investigations because the complainant did not turn up to record a statement and or to avail further documents that were needed for investigations.

TRIO SUE INVESTMENT FIRM CYTONN IN BOTCHED DEAL.

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BY SAM ALFAN.

Three businessmen have moved to court seeking to compel investment firm Cytonn to refund them over Sh46.7 million which they claimed to have invested in the firm.

Charles Nzioki Kanyaa, Harrison Kaloki Kanyaa, Robert Munyao Kanyaa accuse Cytonn representatives of knowingly making deceptive misrepresentation to them, well aware of the true shaky financial position of the investment firm.

The three claim that on diverse dates, the representatives of Cytonn made them believe they would receive handsome monthly returns if they invested substantial amounts with the firm.

 “The Defendants’ representatives sketched a portrait of a liquid, stable and financially sound Cytonn which can be trusted by investors with colossal sums of monies, with no history of non-payment to investors,” they claim in court documents.

According to the trio, the representations were unconscionable, misleading and deceptive contrary to the provisions of the Consumer Protection Act, 2012 and amounted to unfair practices.

They claimed to have invested Sh39 million on diverse dates between 29 October 2018 and 30 October 2018 at an agreed interest rate of 18 per cent payable monthly for a period of twelve months.

Upon maturation of the investment of Sh30 million they had invested on 4 November 2019, they invested Sh42 million on representations made by the representatives of Cytonn’s of a higher and better return at an agreed interest rate of 20% per annum, payable quarterly for a tenor of two years.

“The Defendants routinely and regularly paid the agreed monthly interest, until June 2020 when in a fragrant breach of the investment agreement stopped paying the agreed monthly interest,” they claim in court documents.

They aver that Cytonn on or about the 22 of June 2020 wrote to them an email where they sought to unilaterally vary the contractual investment terms which was against the contractual terms.

“Being dissatisfied with the unilateral alteration of contractual terms, we wrote to them through our advocates, seeking a refund of the Principal sum plus all accrued interest thereof, which as at 31 December, 2020 amounted to Sh46,792,603,” they said.

According to them, Cytonn responded on 29th January 2021, citing temporary liquidity of the fund and for the very first time in their contractual relationship cited in partnership agreement as the governing document of the fund.

“The partnership document that was never availed to us at any time prior to the breach of the investment agreement…non-supply of all the governing documents to amounts to unconscionable, unfair, unreasonable, unjust or otherwise improper trade practices such as deception, misrepresentation, unfair and fraudulent conduct, contrary to the express provisions of the of the CPA,” they argue.

According to the businessmen, Cytonn is in utter breach of the investment agreement and wants the court to grant them compensation for violating their consumer Rights.