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LATE BUSINESSMAN TOB COHEN SIBLINGS SEEK TO JOIN SUCCESSION CASE BY HIS WIDOW SARAH WAIRIMU.

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BY PHEOBE WANJOHI.

The family of the late dutch businessman Tob Cohen has filed an application to be enjoined in the succession case filed by his widow Sarah Wairimu.

They include Gabriel Hannah Van Straten, Sharon Cohen and Seth Van Straten who are blood relatives of the late tycoon who was allegedly brutally murdered in cold blood last year.

Director of Criminal Investigation George Kinoti termed the death of the 71-year-old businessman as a gruesome murder that may have occurred in his house and that it was a crime well calculated.

“Cohen was murdered in his own residence. It is a gruesome murder.  They took their time to kill innocent Cohen,” said DCI Kinoti.

The application comes days before the inter-parties hearing slated on the February 10,2020 where the court will give further directions concerning the property of the deceased, particularly a house built on Farasi Lane, LR 2951/449 measuring 0.3162 hectares popular know as Kitisuru home valued over Sh 400 million.

Through lawyer Danstan Omari, the three wants to be enjoined in the case as intended interested parties claiming that no party will suffer any prejudice if allowed to participate in the succession proceedings filed by Wairimu.

Gabriel states in her affidavit that she is the blood sister of the deceased and is well aware of the sudden demise of his brother whose remains were discovered on the September 13, 2019 in an underground water tank which led to the subsequent charging of Wairimu with the murder of his brother (Cohen) which is still pending in court.

Wairimu is charged alongside one Peter Karanja with the murder.

Cohen sister also states that it is within her knowledge that Wairimu was at one time married to the deceased and is reasonably seeking to benefit from the said estate.

According to the court documents, she says says that before the sudden disappearance and subsequent demise of Cohen, he had executed a will through which he expressed his desire to have his estate shared amongst the three.

“Consequently, the intended interested parties herein have an identifiable stake in the estate of the deceased and to enjoin them in this proceedings will breathe life to the constitutional dictate of allowing access to justice to all persons,” says lawyer Omari.

According to Gabriel, his brother bequeathed to her and the other two interested parties his property including the house he had worked hard to build located on Farasi Lane, LR 2951/449 measuring 0.3162 hectares in Mugomoini Close Nairobi.

The lawyer further states that in the view of the will that bequeathed the estate of the deceased to his relatives, it would serve the better administration of justice to enjoin them as interested parties to this suit as they have arguably an identifiable stake or interest in the estate of the deceased.

“Unless this application is heard and orders prayed herein granted, then the intended interested parties interests will be heavily prejudiced,” says Omari.

PS KIBICHO NOT A WITNESS IN THE ITUMBI CASE, COURT TOLD.

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BY NT CORRESPONDENT.

Interior Principal Secretary Karanja Kibicho is not among witness listed to testify in a case where State House Digital Director Dennis Itumbi is charged with making a false document.

Investigating officer Corporal Yvonne Anyango told the trial court that that the PS is not a witness despite being a complainant.

Asked by Itumbi’s lawyer Katwa Kigeni why the decision not to include him as a witness, the officer said it was not necessary to call him. Pressed harder by Katwa, Anyango insisted she doesn’t know why.

“I don’t think it is necessary to answer that”, responded the officer. The investigating officer also confirmed that Samuel Gateri- a co-accused in the matter, was supposed to be a state witness but he was charged after he commented on the letter.

Itumbi has denied charges of making a false document without authority, publishing a false statement and reprogramming a mobile phone.

The officer insisted that Itumbi’s phone had been reprogrammed at the time she was investigating the matter and after reprogramming, they could not find any data.

However Kigen said the messages might have deleted themselves in the phone but the officer said it wasn’t possible.

Deleting messages is not reprogramming, she said.

When asked whether there is any CS known which the letter might have come from, Anyango said it came from a loyal CS whom she does not know.

Anyango was also pressed to explain to the court why she requested the court to detain Itumbi for 14 days to allow her get forensic details when the data only took six minutes to be extracted.

“From the documents we have in court, the process of extracting data only took six minutes but as the investigating officer you asked for 14 days, explain why,” Kigen posed.

She defended the DCI by saying that she consulted with forensic experts who had said it will take 14 days.

When asked about interviewing all the 256 people in the Tanga Tanga group, the officer said she only interviewed four admins who were running the group.

The court heard that the letter had earlier been circulating in another group which was Kiambu forum which the investigating officer did not investigate.

She confirmed that she only investigated the Tanga Tanga Whatsapp group where she obtained the letter from Itumbi’s group.

She said, Itumbi had sent the letter in the group. Another witness an admin of Tanga tanga Whatsapp group Lilian Wamaitha said she came across the letter when she saw discussion in the group.

The hearing continues.

I WON’T ENTERTAIN YOUR SIDESHOWS AND DRAMA ANYMORE AM BUSY, DCI TO SARAH COHEN.

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BY SAM ALFAN.

The Director of Criminal Investigations George Kinoti has told the accused in the murder of the late Dutch businessman Tob Cohen that he will no longer entertain her side shows and drama.

The top sleuth through lawyer Donald Kipkor told Sarah Cohen that he is busy together with the prosecution and team of investigators preparing their case to see to it that those who murdered Tob Cohen and threw his body in a septic tank are convicted.

DCI Kinoti reminded Sarah Cohen and his lawyer of her application which sought twenty three orders , which all were dismissed except one which allowed her to pick her handbags, clothes, shoes and grooming tools.

While responding to Sarah’s letter sent through his lawyer Philip Murgor, Kinoti told the accused that the order she referred to was unlawfully extracted to create false  impression that her application was allowed.

“The purported order you refer to was irregularly, unlawfully and mischievously extracted to give a false impression that your application was allowed when the same was substantially dismissed.” DCI told Sarah.

DCI further said the alleged order was invalidated and thus incapable of disobedience.

This is after Sarah’s lawyer Philip Murgor filed an application seeking the murder case against her be mentioned as soon as possible over failure by the DCI and the DPP to obey a court order which allowed his client access to the house to collect her clothes , shoes , handbags and grooming tools.

In the application, they alleged that the DCI and DPP have not facilitated the accused to collect her weary belonging as ordered.

“The DPP and DCI have not facilitated the applicant visit seven days later, despite repeated request by the defence team , proving once the recalcitrant and deliberate disobedience of the orders of the high court.” Says Murgor.

Wairimu’s lawyer says they are on record stating certain elements within the DCI and DPP that have developed a peculiar and extraordinary interest on the property and matrimonial home of his client.

Murgor accuses prosecutor Catherine Mwaniki of continuing to make submissions in the high court about interests of third parties in the property of deceased and suggest that perhaps it is time for her to declare any conflict of interest in case or relationship with third parties and therefore recuse herself.

Sarah also wants to erect a tombstone on the grave of her late husband Tob Cohen at the Jewish cemetery in Nairobi.

In a letter addressed to lawyer Cliff Ombetta who represents Cohen’s family in the murder trial against Wairimu she states that she does not expect any interference from them.

SARAH WAIRIMU COHEN TO TOMBSTONE HER LATE HUSBAND’S GRAVE.

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BY SAM ALFAN.

Sarah Wairimu Cohen intend to erect tombstone on the grave of her late husband Tob Cohen at the Jewish cemetery in Nairobi.

In a letter addressed to lawyer Cliff Ombetta who represents Cohen’s family in the murder trial against Wairimu she state she does not expect any interference from them.

“While it is our clients so responsibility to erect an appropriate tombstone on the grave of her late husband, which process has commenced, and does not expect any interference from your client, however if they are in the country they will be free to attend any ceremony regarding the same for which our client will give appropriate notice”,says Wairimu.

This comes after her husband was buried on September 23,2019 under Jewish traditions after hid body was found in a septic tank at his home in Kabete.

Warimu and her co-accused Peter Karanja have since been charged with the murder of her late husband Tob Cohen. They are out on bail pending hearing and determination of their murder trial.

At the same , Sarah’s lawyer Philip Murgor wants the murder case against her mentioned as soon as possible over failure by the DCI and the DPP to obey a court order which allowed his client access to the house to collect her cloths, shoes , handbags and grooming tools.

The order was given on January 16,2020 by high court judge Daniel Ogembo in the presence of all the parties.

“The DPP and DCI have not facilitated the applicant visit seven days later, despite repeated request by the defence team , proving once the recalcitrant and deliberate disobedience of the orders of the high court “, says Murgor.

Wairimu’s lawyer says they are on record stating certain elements within the DCI and ODPP have developed a peculiar and extraordinary interests on the property and matrimonial home of his clients.

Murgor accuses prosecutor Catherine Mwaniki of continuing making submissions in the high court about interests of third parties in the property of deceased and suggest that perhaps it is time for her to declare any conflict of interest in case or relationship with third parties and therefore recuse herself.

COURT STOPS KNCCI ELECTIONS AS CURRENT CHAIRPERSON CRIES FOUL.

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BY SAM ALFAN.

A Nairobi Court has stopped Kenya National of Chamber of Commerce and Industry from conducting the election of a chairperson of Women In Business Committee slated for January 24 in a city hotel.

This is after the current chairperson Mary Nyachae obtained a court court restraining the election of chairperson of Women In Business Committee.

Milimani commercial Senior Residents Magistrate Mirage issued the order restraining Kenya National Chambers of Commerce and Industry and Richard Ngatia by themselves, agents or servants from in any manner conducting or causing the election of the chairperson of the Women in Business committee scheduled for  tomorrow pending hearing and determination of the case.

Nyachae filed application under certificate of urgency through lawyer Danstan Omari seeking to block the said election from taking place.

The chairperson argues that she was appointed by chamber president Kiprono Kittony on March 8,2019 and before her appointment she had been endorsed by the chamber at its annual general meeting (AGM) held on February 8,2019.

She added that she received an endorsement after her name , fitness and reputation as a chairperson of women empowerment was thoroughly discussed in the board of directors meetings held on January 16, last year and consequently received a seal of approval from the board.

Lawyer Omari told the court Mary remains committed to her duties as the chairperson to the WIB and a faithful chamber member guided by the objectives , mission and vision of the chamber of Commerce.

Omari added that since the exit of former chamber president Kittony and entry of Richard Ngatia, Mary has been consistently sidelined, maligned and ignored by Ngatia rendering her and idle chairperson of women in business committee against the spirit and letter of her unrevoked appointment.

The chairperson said Ngatia has surreptitiously and sadly been convening meetings designed to whip support for a different person to take up the mantle of WIB leadership.

“There is no proper, legal, sound or reasonable justification other than malice and ill will why the only election being held at this time of the year is that the chairperson of WIB committee”, added Mary.

She added that move by Ngatia power or mandate is designed to humiliate , degrade and treat me with contempt as she is the substantive chairperson of women in business with powers from the board of directors and endorsement from chamber of Commerce AGM.

BLOW TO PROF MAGOHA AS COURT DECLINES TO SUSPEND ORDER ALLOWING PROF KIAMA AS THE VC.

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BY SAM ALFAN.

Education CS George Magoha has suffered a blow after a judge declined to suspend orders revoking the appointment of Isaac Mbeche as the acting vice chancellor of University of Nairobi.

Instead, Justice Maureen Onyango of labour court directed all parties to argue the case on Friday, after certifying it as urgent.

Prof Magoha through lawyer Evans Monari moved to court Wednesday afternoon saying that the court was misled by professor Stephen Kiama Gitahi into issuing the orders.

He added that there is a vacancy in the office of the vice chancellor.

The lawyer asked the judge to vary the orders so that the CS can appoint an acting vice chancellor or Deputy vice chancellor to enable the University continue with its critical administrative functions.

The CS further said it would also stop misrepresentation by Kiama as the vice chancellor of the institution.

Monari said ex-parte orders issued on Monday in effect paralysed the proper functioning of the University adding that there is a lacuna in the office of the vice chancellor and the council of UoN.

“Unless the ex-parte orders are set aside, the University of Nairobi is unable to undertake critical administrative functions required of the office of the Vice Chancellor and the council of UoN,” claims the CS.

Lawyer Monari argued that despite the lacuna, Prof Kiama has proceeded to misrepresent himself as the vice chancellor of the University and made drastic decisions pertaining the running and management of the institution and deceiving the public.

Monari told the court that there is fundamental miscarriage of justice, which has been occasioned by the issuance of the order.

He said the court was misled into issuing the order by misrepresenting material facts relating to this suit.

Specifically, the purported appointment of Prof Kiama as the Vice Chancellor of University of Nairobi was not done in consultation with the education cabinet secretary as required under section 35(1)(a)(v) of the Universities Act, N 42 of 2012. No evidence has been submitted by the Petitioner that such consultation was done as required by law.

“The appointment of the Petitioner (Prof Kiama) as the Vice Chancellor of the UoN was therefore fatally flawed, resulting to the revocation of the said appointment by the Cs and appointment of the University of Nairobi as Vice Chancellor of facility in an acting capacity, pending appointment of a Vice Chancellor as per the law,” he adds.

The lawyer said that court has issued the ex Parte Orders without any basis for the grant of the orders, and on misrepresentation of facts by the Prof Kiama.

Monari further said court does not reinstate the Prof Kiama as the Vice Chancellor of the University of Nairobi and the effect of these orders is that there is currently a vacancy in the office of the Vice Chancellor.

He also said the University is in placed in limbo or paralyzed as it is unable to perform critical functions particularly set out in the University Act, No 42 of 2012 and the Charter of the University. The inability of the interested Party to perform such critical functions is compounded by the fact that there is currently no Council of the UoN.

“It is also important to note that despite the afore stated vacancies pursuant the Ex parte Orders, the Petitioner is representing himself as the Vice Chancellor of the 2nd Interested Party, compromising the interests of the 2nd Interested Party in the process and deceive g the public at large”, added Monari.

BIG WIN FOR THE DPP AS COURT ALLOWS HIM TO ADDUCE NEW EVIDENCE IN ANGLO LEASING CASE.

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BY SAM ALFAN.

Businessmen Deepak Kamani and Rashmi Kamani has suffered a major blow in their bid to block Director of Public Prosecution to introduce additional witnesses in their corruption case.

Justice Joseph Onyiego allowed prosecution to call additional witnesses and and documentary evidence.

“Prosecution application to call four additional witnesses and documentary evidence is allowed subject to such conditions that the trial court may attach regarding attendance of those witnesses and production of those documents in a timeliy manner without further judgements”, ruled the judge.

The judge set aside orders of the trial court made on the September 10,2019 .

The court ordered deputy registrar to remit the original court file back to the trial court for proceedings to continue.

The judge said the additional evidence was not intended to fill in the gaps as none was specified nor is intended to ambush the defence considering that there was advance notice.

Judge added that though the trial court was concerned and properly with maxim that justice delayed is justice denied , it misdirected itself by locking out witnesses who intended evidence was already in the hands of the defence and which would assist the court to make a just decision.

“In this case, the defence were supplied with additional documents and list of witnesses in advance although the notice was short”, added the judge.

Last year the DPP through Nicholas Mutuku appeal before the high court following trial magistrate Martha Mutuku to bar him from adducing the evidence of the four witnesses in the case.

But defence lawyers led by Kioko Kilokumi and Amednasir Abdullahi had objected the prosecution move for additional witnesses, saying it will be prejudicial to their clients.

Through veteran lawyer Ahmednasir Abdullahi , the two argued that the introduction of new witnesses was an afterthought after the DPP realised his case was falling apart. They said the new evidence, if allowed, would unfairly compromise their defence.

SC Ahmednassir further submitted that the introduction of new witnesses and evidence was not only an ambush but also an attempt to fill the gap left by the 45 witnesses who had testified.

In the case the Kamanis are charged alongside former PSs Joseph Magari, Dave Mwangi and David Onyonka over conspiring to defraud the Government over Sh 3.5 billion.

It is alleged that two companies Sound Day Corporation and Apex Finance Corporation signed for the contract to supply security equipment to the Police Department were direct beneficiaries of the monies which costed the Kenya Government Euros 40 million.

NAIROBI ASSEMBLY FREE TO VET SONKO’S DG NOMINEE.

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Nairobi City County Governor Mike Sonko leaving Milimani Law Courts after obtaining order stopping demolition in Embakasi.

BY PHEOBE WANJOHI.

Nairobi County Assembly has been given a green light to vet Anne Kananu Mwenda, who has been nominated by Governor Mike Sonko to be his deputy.

This was after the High court declined to stop the process, pending the hearing and determination of a corruption case Governor Sonko is facing.

In a ruling, Justice Mumbi Ngugi doubted whether the court had a jurisdiction to hear the petition filed by Peter Odhiambo Agoro. She asked the petitioner to consider issue of jurisdiction.

The Governor through lawyer Harrison Kinyanjui protested that he has not been served with the petition and there was need to demonstrate that he never ceased having powers of a Governor merely because he facing a criminal case.

Agoro moved to court seeking to stop the process and Sonko barred from nominating any other person in the position of the deputy Governor.

He claimed that the Governor breached the provisions of the constitution by discharging his duties as the Nairobi Governor.

He said Sonko’s decision to appoint the DG after one year and nine months after Supreme Court advisory opinion was issued, is mischievous and in bad faith.

EGYPTIAN INVESTOR IN POLICE CUSTODY PENDING TERRORISM INVESTIGATIONS.

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BY PHOEBE WANJOHI.

A Nairobi court has detained An Egyptian investor for one day to allow police to complete investigations on allegations of terrorism.

Mohmoud Fouad Mohmoud Abdelsattern appeared before Milimani Magistrate zainub Abdull where the the court allowed prosecution application to detain him for a day until on January 21.

The court was informed that the investor was arrested at Monarch hotel in Nairobi on January 16 this year on suspicion of collecting information to be used to commit terrorist acts within the republic of Kenya.

According to the anti terror police preliminary information they have received so far shows that the Fouad had a firearm which has not yet been recovered.

They suspect the investor of being a flight risk and should thus remain in custody pending investigations.

His lawyer told the court that his client is not a terrorist but an investor whose colleagues were present in court.

The magistrate directed the matter to be mentioned on tomorrow for directions.

KENYANS LOSE DIRECTORSHIP OF RAVASAM DEVELOPMENT COMPANY TO FOREIGN INVESTORS.

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BY SAM ALFAN.

Two Kenyan businessmen have lost their directorship and shareholding of Ravasam Development Company Limited to foreign investors.

This is after the Nairobi commercial High court ruled that businessmen Farouk Ravate and Justin Samourgompole from Island Union of Reunion are rightful owners of Ravasam Development Company Limited.

Justice Francis Tuiyott ordered the two Kenyan businessmen, Eric Agbeko and Philip Nyambok to be struck out from the records of Ravasam Development Company Limited and be replaced by Ravate and Samourgompole.

He further issued a mandatory injunction compelling the former directors Agbeko and Nyambok to transfer all the shares held by them in Ravasam Development limited to Ravate and Samourgompole through Heaven Properties Heights Limited and Bid Ocean Indien respectively or to the directions of Farouk and Samourgompole within 30 days.

Further, the court further restrained Agbeko and Nyambok from dealing or withdrawing money from Ravasam Development Bank account with any bank.

The judge further issued a permanent injunction restraining Agbeko and Nyambok whether themselves , their agents , employees , assigns , servants or otherwise howsoever from issuing, allotting or transferring any shares causing or permitting any shares from Ravasam company without the consent of Farouk and Samourgompole.

They were further ordered to account for all the monies assets and property that they have unlawfully misappropriated from Ravasam Development company.

The court ordered restitution of all documents , agreements , monies , assets , accounts or any other property unlawfully taken from Ravasam company by Agbeko and Nyambok.

Agbeko and Nyambok shall within 90 days render an account of monies , assets , property and affairs of Ravasam development limited including but not limited to the occupation and use of LR.No.2/186 (the suit property upto the times of the judgment).

In his 67 detailed ruling, Justice Tuiyott declared that the corporate guarantee by Ravasam Development Company Ltd in favour of the Spare Bank (formerly known as Equatorial Commercial Bank Limited) to secure the loan to Vakkep and variations of the charge dated May 11,2015 are void and the two Kenyan businessmen have no right to recover from Ravasam .

“A declaration is hereby made that the mortgage dated September 13,2011 is void and an account be taken by plaintiffs (Farouk and Samourgompole), Ravasam Development Limited and Spare Bank (formerly known as Equatorial Commercial Bank Limited) in respect of payment of the facility of Kshs. 180,000,000.00 made pursuant to the credit agreement of August 18,2011.” Ordered Judge Tuiyott.

The court directed that the parties to the accounts shall appoint a joint accountant within 21 days failure to which each party shall appoint their accountant and the accountants shall appoint an umpire.

They shall also complete the accounts ordered within 90 days and the report of the joint account or if the accounts and umpire to be filed in court within 90 days.

Ravate sent money into Kenya for a purchase of LR No. 2.186 situated off Elgeyo Marakwet Road in Nairobi and later to develop it.

The purchase price was Sh 71,500,000 and china young Tai Engineering Company limited (China Young) was engaged to construct an office block on the suit land at an agreed sum of Sh 535 ,000,000.The money was paid by Ravate.

The suit property was registered in the name of Ravasam Development company.
According to the court documents Farouk Ravate and Justin Samourgompole were to be the sole directors and share holders of Ravasam but were astounded to discover that Agbeko and Philip Nyambok had been registered as the sole directors and shareholders of the Ravasam Development Company limited a move the two foreigners termed as fraud.

It was not contested that on the suit property now stands an office block named Elysee Plaza and the two investors argued that the money sent by them for the construction of the property was sufficient to complete it.

They were unhappy that the two Kenyan businessmen, Agbeko and Nyambok have saddled Ravasam with debt which was put into their personal use.

One debt of grave concern to the two foreign investors is Sh 336,000,000 that allegedly advanced to Ravasam by Spare Bank Limited.

They complain that the lending was made notwithstanding their lawyers writing to the bank notifying it of the supposed fraudulent actions of Agbeko and Nyambok and requesting that the accounts of Ravasam be frozen and that disbursement of first loan of Sh 190 million be withheld. It turned out the loan was not disbursed.

They alleged a fraudulent collusion between Agbeko and Nyambok and the Bank