Kenya Revenue Authority Commissioner General Githii mburu who his agency officer with threatened by Hanamal Construction limited director.


A Nairobi Court has issued warrant for the arrest of Hanamal Construction Limited boss over 600 million fraud relation offences.

Chief Magistrate Francis Andayi issued the arrest warrant against Hassan Ahmednur Baricha after Kenya Revenue Authority made the application after he failed to appear in court to plead to the charges.

The prosecutor told the court that the suspect further threatened to shoot a KRA investigator who had gone to arrest him.

The officer told the court the accused pointed the gun at him forcing him to jump out of the vehicle.

The officer said he sensed danger by observing the demeanor of the suspect and was apprehensive he would shoot him at a close range.

The officer sustained injuries on his shoulder , back, waist , hands and legs.

According to the officer , the went to arrest the businessman along Mombasa road accompanied by PC Lydia Chebasis.

They entered his Toyota Land cruiser and identified themselves as DCI officers from KRA and ordered him to drive to Capital Hill Police station for processing and recording of his statement.

On their way to Capital Hill police station, reaching Haile Sellasie roundabout at around 11pm, PC Chebasis requested to use the washroom at Kobil petrol station which was nearby and accused accepted.

After Chebasis alighted, the accused locked the doors and sped off headed to Mombasa road while the officer was at the back seat.

He struggled and made his way to the front seat in an attempt to plead with him to stop the vehicle.

“My pleas to him to reduce speed and stop fell on deaf ears as he started being abusive and asking me to get out of his vehicle while it was moving at a high rate of speed. He pulled out a pistol from his right side of waist and cocked it, still driving at a high speed and proceeded to point the said pistol at threatening to shoot me if I did not jump out of his vehicle”, said Police officer Solomon Laikera.

His firm is alleged that on diverse dates between January 1, 2016 and February 1, 2017 being director of Hanamal construction limited while earning taxable income , unlawful made incorrect statements in his income tax return for the year 2017 which act reduced his corporate tax liability by Kshs. 24,106,797 payable to the commissioner as required by income tax Act CAP 470, Laws.

Hassan is accused that on diverse date between January 1,2015 and June 31, 2018 being a director of Hanamal construction limited and while earning taxable income , unlawfully made incorrect statements in your income tax return for the year 2015 ,2016 and 2017 which act reduced his income tax liability by Kshs. 57,538,801 payable to commissioner as required by the income Tax Act Cap 470, laws of Kenya.

He is facing other several counts.


Former Lugari MP Cyrus Jirongo before Nairobi Magistrate Court on Thursday August 15,2019./PHOTO BY S.A.N.


Former Lugari MP Cyrus Jirongo can now breathe easy after the Supreme Court suspended his criminal case, which is pending before a Milimani Magistrate court.

Supreme Court Judges included Chief Justice David Maraga, Mohamed Ibrahim, Smokin Wanjala and Jackton Ojwang, the court said the criminal case stands halted, pending the determination of the case.

“We hereby grant stay of the appellate court’s decision in civil appeal No. 43 of 2017 and No. 48 of 2018 , of July 19,2019 pending hearing and determination of the appeal , which is to be conducted on the basis of priority”, ruled the supreme court judges.

Jirongo through lawyer Danstan Omari told Milimani Chief Magistrate Franci Andayi that the Supreme Court had suspended the proceedings against the former legislator before the trial court.

The former MP is accused of giving false information linking the Moi’s son to a Sh50 million land fraud dispute. He is alleged to have committed the offences between 1992 and 2015.

The charges against the former MP relates to a sale agreement in relation to land Nairobi LR No. 209/ 11151 situated at Upper hill at the corner of Elgon road.

Jirongo is also accused of inducing Post Bank Credit Ltd to accept bank charges on September 25, 1992, for a land registered in the name of Soy Developers Ltd.

He his out on cash bail of 200,000 after was charged in August with several counts, among them fraud and forgery.

The charges were ready in 2016, but he moved to the High Court and obtained orders stopping his prosecution.

The order quashing the criminal case was issued by Justice George Odunga on January 11, 2017.
Later the Director of Public Prosecution filed an appeal, terminating the charges.

Appellate judges Justice Alnasir Visram, Otieno Odek and Wanjiru Karanja later set aside the High Court decision in July this year.

The judges directed that Jirongo should be charged with criminal offence.

In their view, the three judges said Justice Odunga did not evaluate the affidavit evidence of the investigating officer, which was before him.

“The judge ought to have considered the allegation of fraudulent acquisition and transfer of property held by businessman Sammy Kogo and his wife Antonette Boit” they observed in their judgement.

They said that the court interfered with the prosectorial mandate of the DPP to make decision to charge or not charge an individual.

“The judge arrived at a conclusion without considering evidence on record” the appellate judges said.

Jirongo is alleged to have forged signatures and documents relating Soy developers to secure an overdraft f Sh 50 million from Post Bank Credit limited.

The tittle deed belonged to a parcel of land owned Kogo together with his wife Boit.

The DPP through Frederick Ashimosi, had told Justice Odunga, that the documents presented to Post Bank Credit limited by Jirongo to secure a loan facility were forged and purported to have been signed by Kogo and his wife to transfer the suit land located at Nairobi’s Upper Hill to Jirongo.

He said that DPP recommended for the prosecution of Jirongo upon completion of investigation over complaint made by Kogo concerning his property which had been fraudulently used to secure a loan by Jirongo in 1992, who held himself as director of Soy developers limited.

The court heard that upon securing the loan Jirongo defaulted repayment leading the bank to sale the property through public auction.

Kogo was allocated the suit land 1989 and in 1991 he entered sale agreement with Jirongo for the purchase of the property at considerable price of Sh 20 million in which he paid Sh 10 million.

Ashimosi said the criminal case brought against Jirongo is not malicious on the part of the DPP, fraud was established during the investigation over the complainant raised by Kogo.


Ambassadorial nominee Mwende Mwinzi ./PHOTO COURTESY.


Ambassadorial nominee Mwende Mwinzi will know her fate next month, in a case which she is seeking to stop legislators from forcing her to renounce her US citizenship before taking up her new post.

Justice James Makau said he will deliver his judgement on November 14.

The Judge noting has already issued a temporary order, directing that the status quo to be maintained, pending the determination of the case.

In reply to Mwinzi’s application, the National Assembly said that an approval is not a rubberstamp mechanism by the MPs.

“In this case, a specialized Committees of the National Assembly vetted the petitioner and made resolutions which were adapted by the house, it is a political process to be conducted by other arms of the government and not Judiciary,” said Anthony Njoroge, who represents the National Assembly.

For that matter, the National Assembly urged the court to decline to adjudicate the issues raised in the petition.

The MPs argue that the case is essentially a political questions and which the constitution has assigned to other political institutions for resolution.

Njoroge added that the process of appointment itself is yet to be concluded.

He told the court that the National Assembly has made its resolutions to the president, and the president must accept the resolution as advised by MPs.

Mwinzi asked the court to determine whether an Ambassador is a state officer and if no whether the issue of dual citizenship still affects her.

She wants the court to determine whether the National Assembly can grant conditional approval of nominee and also whether the petitioner has any proprietary right to the office of Ambassador.

“An ambassador or a diplomat is a representative of the interests of a sending state. Where a person has dual citizenship, the conflict of interests is certainly a reality,” added Njoroge.

Mwinzi through lawyers Tom Ojienda and Charles Omanga urged the court to consider Article 78 of the constitution that allowed dual citizenship for the first time.

“Ambassadors are not classified as state officers as alleged by the National Assembly lawyers,” added Ojienda.

He added that Mwinzi is covered in Article 260 of the constitution which indicates that ambassadors and high commissioners are not state officers.

“Mwinzi having been vetted by the parliament qualifies for an appointment and barring her violates Article 37 of the constitution and Article 47 for it went against fair administration,” added Ojienda.

Ojienda argued that Mwinzi cannot change the fact that she was born by an American mother and a Kenyan Father and since she is not a state officer, any law cannot be applied to her.

“Mwinzi’s office is not a state office and the court should find out that any law cannot be applied to her, “added the lawyer.

He said the parliament violated Article 27,47 and 260 of the constitution.

“It is our submission that Ms Mwende has successfully gone through the vetting process by the National Assembly and what remains is her deployment to the Republic of Korea,” said Ojienda.

Mwizi was nominated as South Korea ambassador by president Uhuru Kenyatta and was invited by the Departmental Committee on defense and foreign relations to attend to Parliament for purposes of being vetted which she attended in May 28.

It came to attention of the committee she holds dual citizenship. She is an American by birth and a Kenyan citizen by formalization. The committee vetted and approved her appointment in condition that she renounces her American citizenship.


Directors of Olympus Computer Garage Limited directors George Bhutto Obiga and Benard Ochieng Okello before Milimani Magistrate Court on Friday October 11,2019./PHOTO BY S.A.N.


Two Directors of Olympus Computer Garage Limited have been charged with tax related offences amounting to Sh1.3 billion.

George Bhutto Obiga and Benard Ochieng Okello appeared before Milimani Chief Magistrate Francis Andayi and pleaded not guilty to nine counts.

The two directors alongside their company are accused that in the period between January 1, 2015 and December 31, 2015 in Nairobi being directors of Olympus computer garage limited knowingly made incorrect statement through under declaration of customs value of goods to which affected their liability to tax thereby reducing the VAT payable by Kshs. 332,003,569.93 for the year 2015.

It is further alleged that between January 1, and January 31,2016 in Nairobi being directors of Olympus computer garage they made incorrect statement through declaration of customs value goods, affecting their liability and in the process reducing the VAT payable by Kshs. 123,190,381.85 for the year 2016.

They are further accused of deliberately defaulting on their obligation to file a return with the commissioner domestic taxes thereby failing to declare sales worth Kshs. 392,368,032.64 an amount which should have been declared. The failure allegedly affected their liability to tax (VAT), denying KRA Kshs. 62,778,885.22 for year 2014.

They are also facing charges of deliberately omitting TAXABLE income, failure to submit tax and giving misleading information relationg to tax.

They were released on a cash bail of 2 million or alternative bond of 4 million.


Edward Ngure Njuguna and Duncan Mutuma Justus before Milimani Magistrate courts where they pleaded not guilty on Friday October 11,2019./PHOTO BY S.A.N.


Two Limuru businessmen have been charged with importing concealed goods with duty valued over Sh 3 million.

Edward Ngure Njuguna and Duncan Mutuma Justus appeared before Milimani Chief Magistrate Francis Andayi and pleaded not guilty.

They are accused that on September 30, 2019 within Kamandura area in Limuru, Kiambu county the accused jointly with others not before court were found having imported 42 drums of 250 litres each, 4 jerry cans of 20 litres each of ethanol concealed and packed together with maize bran and rice bran in a package whose entry does not correspond with goods imported with dutiable value of Kshs. 3,051,532 payable to the commissioner of customs and border control.

The are also accused that on the same date and place in Kiambu county jointly with others not before court they were found in possession of 42 drums of 250 litres each, 4 jerry cans of 20 litres each of ethanol which they ought to have unknown goods with a dutiable value of Kshs. 3,051,532 payable to the commissioner of customs and border control.

Ngure, Matuma together not before court are also facing charge of being found conveying uncustomed goods valued Kshs. 3,051,532 payable to the commissioner of customs and border Control.

The two were released on a cash bail of Sh 1 million or a bond Sh 500,000 pending hearing determination of the criminal case.


Photo courtesy.

A Nairobi Businessman has been charged with several counts of forgery and conspiracy to defraud Samco Holding Limited piece of land worth Sh 200 million.

Patrick Omani Nyamweya appeared before Milimani Chief Magistrate Francis Andayi and pleaded not guilty to six counts levelled against him by the state.

Omani is accused that on unknown date and place jointly with others not before court conspired to defraud Samco Holdings limited a parcel of land LR 209/14067 IR 1157090. LR. NO. 209/11822) situated along Mombasa road measuring 0.9003 hectares valued at Kshs. 200 million by fraudulently registratering the said land in the name of Innfield investment Limited.

It is also alleged that on unknown date and place Nyamweya and others not before court with intention to defraud Samco holdings Limited forged signature of Fredrick Indoko Lubulellah senior land registrar at Ardhi house Nairobi on grant IR 1157090. LR. NO. 209/11822) dated June 30,1999 purporting it to be genuine documents signed by Indoko.

Nyamweya together with other not before court are also charged with forging signature of Caren Kemunto Nyakundi a land registrar at Ardhi house Nairobi on grant IR 1157090. LR. NO. 209/11822) dated June 30,1999 purporting it to be genuine search signed by Kemunto.

He is facing other several charges including uttering false documents , malicious damage.

He was released on a cash bail of and bond of pending hearing and determination of the criminal case.


Afrograins East Africa Managing Director David Michael Okoth before Nairobi Court where he was charged with obtaining sh. 15 million.


Afrograins East Africa Managing Director has been charged before a Nairobi Court with obtaining Sh 15 million.

David Michael Okoth appeared before Milimani Senior Principal Magistrate Kennedy Cheruiyot and pleaded not guilty to the charge.

He is accused of allegedly obtained Sh15 million from Convex Commodity Merchants Limited Managing Director of James Waithaka by pretending that he was in a position to supply him with 700 tones of white maize, a fact he knew to be false.

He was released on a cash bail Sh 1 million and a bond of Sh 2 million.

The criminal case will be heard on May 21, 2019.


Milimani Law Courts home of high court Anti-Corruption Division Nairobi./PHOTO BY S.A.N.


The High Court has issued orders preserving over Sh1.7 million held in the accounts belonging to businesswoman Rose Monyani Musanda, which is suspected to be proceeds of crime.

Justice John Onyiego of Anti-Corruption division also prohibited Monyani from transferring or selling six motor vehicles KCM 465 X Toyota Axio, KCR 297A Isuzu Bus Coach, KBT 692W Isuzu Bus coach, KCC 646D Isuzu bus coach, KBY 184H Isuzu bus coach, KCH 179N bus coach, pending the hearing of the case by Assets Recovery Agency.

“A preservation order is hereby granted prohibiting Rose Monyani Musanda and her agents or representatives from transacting, withdrawing, transferring, using and any other dealings in respect of funds held in two accounts held at Sidian Bank and Diamond Trust Bank Madina mall branch belonging to Rose Monyani Musanda,” ruled Judge Onyiego.

Documents filed in court show that Sh 1,462,963.47 s being held at Sidian Bank Kangemi Branch while another Sh325,712.45 is being held at Diamond Trust Bank, Madina mall branch under her name.

The court further directed her to surrender the motor vehicles to Directorate of Criminal Investigation headquarters and original logbooks with immediate effect within seven days.

The Director General of National Transport and Safety Authority was also ordered to register a caveat against the records of each of the motor vehicle. The order should be gazetted within 21 days, the court ruled.

ARA filed the application through Senior State Counsel Mohammed Adow seeking to preserve the money belonging to businesswoman, who had been charged with trafficking in narcotic drugs.

In the petition, the agency told the court that there is imminent danger that Monyani might dispose, transfer and dissipate the said assets as there are no orders currently preserving the assets in the issue.

Monyani was arrested on June 14, this year at Kinoo in Kiambu County and appeared before JKIA court and denied charges of trafficking Narcotics drugs.

Assets Recovery commenced investigations to recover proceeds of crime accrued by the businesswoman through the illegitimate trafficking and trading of narcotic drugs.

During the arrest, a search was conducted at her residence and total of 796.66 grams of heroin were recovered from her house situated at Kinoo in Kiambu.

On June 16, this year, the agency received information that Monyani acquired massive properties using the proceeds obtained from the illegitimate trade of narcotic drugs and psychotropic substance.

Investigations has established that Monyani acquired massive properties using proceeds from illegitimate trade in narcotic drugs and registered under her name and in the name of her proxies so as to conceal and disguise the source of funds used to procure the said assets.

Investigations further established that the assets, properties and funds in the above accounts were unlawfully acquired hence proceeds of crime.

The affidavit by agency investigator corporal Fredrick Muriuki analysis of the Government chemist revealed that the substances contained heroine at 40% which is a narcotic drugs.

Muriuki added that his analysis of the accounts statements established that there were massive suspicion of cash deposits and both bank accounts received suspicious huge sums of cash and cheque deposits that indicate activities of money laundering.

The money were made in tranches below 1 million to evade the reporting threshold as per Central Bank prudential guidelines for any account holder to declare source of the money.


Former PS Lillian Omollo who is facing graft charges related to NYS II scam.


Former PS Lillian Omollo facing graft charges related to NYS II scam has suffered a major below after the court dismissed her application seeking to visit her farm in Uyoma, Siaya County.

Justice John Onyiego ruled that there was no evidence before court that Omollo owns the firm and there is no evidence of earnings from the farm or that the substantial deposits in the accounts have been made from the earnings from the farm. The judge dismissed Omollo’s application to visit the farm to witness the farming activities.

“In my view, a site visit to a farm to establish whether or not farm can be the source of large sums of money deposited in bank accounts kilometers away, would be really to chase after mirage,” said Onyiego.

The judge further said other than establishing that a parcel of land exists, site visit would not in any way advance the application before court by way of demonstrating the source of the funds in the subject accounts in any way.

The judge added that the application would further delay of the hearing of the case, for the recovery of the funds.

The former PS filed application in court dated July 1, 2019 pleading with court to visit her farm on Siaya County to prove existence of the alleged farming.

Through lawyer Stephen Ligunya urged the court to visit her multi-million shilling horticulture enterprise she runs. “I pray for the court to visit the property on the subject of this suit in Uyoma, Rarieda District to ascertain if the farm exists as it will help the court make a just conclusion in the matter,” she submitted.

Assets Recovery Agency (ARA) investigator Isaac Nakitare traveled to Siaya County together with a colleague and found that there were no farming activities as alleged. They reportedly saw a parcel of land with shrubs.

Whereas the land was still bare, with no farming activities, lawyer Stephen Ligunya maintained that part of the money frozen by the court and which subject to forfeiture to the government, was proceeds from the farm.

“The visit will give the court an opportunity to know the legitimate source of her income. The visit has an objective opinion. That is all we are asking,” added Ligunya.

However ARA through lawyer Mohammed Adow vehemently opposed the application saying Omollo was given an opportunity to explain the source of the money but her answers were not satisfactory, making the agency to conclude that they were proceeds of crime.

Omollo has since maintained that she has greenhouses, where she farms tomatoes, cucumbers, watermelons among other crops.

She said she took up serious farming five years ago and some of the deposits made in the frozen bank accounts were proceeds from the farm and not from NYS.

Adow said Omollo has not tendered any evidence through affidavit or through statements on record of the ownership or existence of the alleged farm business and shred of evidence to demonstrate that the funds in issue are from the alleged firm.

“Although it is true that the alleged farm business does not exist as explained in our in our affidavit dated May 27,2019, the issue before this court is the legitimacy of the funds in the specified accounts in which the applicant (Lilian Omollo) has failed to link to the alleged farm business”, Adow told the court.

Nakitare said the farming business is a disguise meant to conceal the source of the funds and “classical scheme of money laundering”.

The investigator said that there were some small tomatoes on a small sized greenhouse, which were yet to mature planted inside the green house, but not at commercial scale level.

“There is no shred of evidence to show linkages between the funds in issue and the alleged farm which our investigations established does not exist,” he said.

Omollo has fought off claims that the frozen accounts held money suspected to be proceeds of crime and stated that there is no nexus between the money and the National Youth Service, to warrant the forfeiture.

“I deny the allegations that no reasonable explanation was given showing legitimate source of funds, principally because on November 19, 2018 I duly gave and delivered to the applicant my documents and evidence showing legitimate sources of funds held in the subject bank accounts”, she said.

The agency filed the application seeking the forfeiture of about Sh35 million, held in several accounts it suspects are proceeds of crime.

The accounts frozen include six accounts at Equity Bank registered in the names of Lilian Muthoni Mbogo which had USD 67,331.9, an account in the name of LIDI Estates Ltd which had US D 28,981, another account in the same bank and the same name and which had Sh2,297,495 and another with US D 8,979.83.

Documents filed in court state that the amounts were deposited between January 2016 and March 2018. Omollo was appointed PS for Public Service, Youth and Gender Affairs on December 18, 2015.


Milimani Law Courts home of high court Anti-Corruption Division Nairobi./PHOTO BY S.A.N.


Anti-Corruption High Court has dismissed application challenging orders freezing accounts of Isiolo Businessman over the suspicion of money laundering from inflated tender awarded by Isiolo County Government amount to almost 80 million.

Justice John Onyiego sitting in Nairobi ruled that the commission established reasonable basis of issuance of the orders freezing accounts of Dennis Njau Kimani.

“I have not found fault with the basis for applying for the impugned orders or for the issuance of the orders. I found no merit in the application and is hereby dismissed”, ruled Onyiego.

Earlier High Court in Meru had frozen accounts of Hitmax Limited and Fusha Trade Credit associated with Dennis Njau Kimani for six months over allegations of corruption.

The two companies are being investigated over irregularities in the procurement of construction works for two oxygen production plant at Isiolo County government hospital.

Ethics and Anti-Corruption Commission said investigations into the tender in question is No’s. ICG/018/2018 and ICG/019/2018 has established that the tenders were awarded to Hitmax Company Limited at an inflated cost of Sh79,853,738 million and entire procurement process was tainted with illegality.

The court issued orders prohibiting the withdrawal or transfer of Sh2.5 million held at Kenya Commercial Bank limited operated and held by Fusha Trade Credit Company ltd, for a period of six months.

The commission had earlier filed application seeking to block transfer of Sh10.5 million from account held and operated by Dennis Njau Kimani at Consolidated Bank. The commission intends to file a case seeking the recovery or protection of public money.

According to court documents, Isiolo County Government had already paid Hitmax Co. Ltd Sh79,853,738 through Hitmax Co. Ltd bank account held at Cooperative bank on July 2, 2018.

The documents reveal that Njau was a director of Hitmax Company and a signatory of the company’s bank account at Co-operative bank and he was also Fusha Trade Credit Company ltd director and a signatory of account held at KCB.

It is alleged that on July 12, 2018 Njau transferred Sh15.2 million from Hitmax Co ltd account to his personal account at Co-operative bank. He further withdrew Sh3 million in cash from the said company’s account and thereafter, between July 16 and 18, 2018 he transferred Sh13 million from his personal account at Co-operative bank to his personal account at Consolidated bank.

The commission alleged that between July 18, 2018 and May 6,2019 Njau had transferred total of Sh10.5 million from his personal fixed deposit account at consolidated bank and on May 6, 2019 he transferred Sh2.5 million from his personal bank account at consolidated bank to the Fusha Trade Credit co. Ltd.

EACC said the actions of Njau clearly point towards a case of attempted money laundering of illicit funds obtained from the Isiolo County Government.

However Njau and Fusha Credit argued that the money in the said bank accounts are proceeds of legal and legitimate business through public procurement and other legitimate businesses.

He said and there is no tangible evidence of corrupt conduct that has been established to warrant the orders granted to the agency.

They also argued the commission did not accord them an opportunity to explain the monies in the said accounts or any other matter connected with any issues raised in the suit.

They further argued that the commission did not disclose the pre-conditions for the freezing orders the accounts and denied the tenders were awarded to them corruptly and were inflated.


They told the court that the tender awarded were for the construction and installation of oxygen production plants at Isiolo and Garba Tula sub-county hospital were to be completed in 2018 and second face 2019.

Njau and Fusha have filed the application before Milimani High Court Anti-Corruption division challenging the issuance of the orders to freeze the accounts.