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TWO FOUND GUILTY OF ROBBING UHURU’S COUSIN TO SERVE 15 YEARS IN PRISON.

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High Court Criminal Division Judge Grace Ngenye Macharia who set aside death sentence against the two accused of robbing president Uhuru Kenyatta's cousin.

BY SAM ALFAN.

Two robbers sentenced to death for violently robbing President Uhuru’s cousin Ngegi Muigai five years ago have reason to smile after a judge reduced their sentences to 15 years.

Justice Ngenye Macharia reviewed the sentences imposed on Brian Ayisi Mukumbero and Paul Bulinda Shisundi and directed them to serve 15 years in prison.

The two were found guilty of violently robbing Ngegi, an offence they committed at Kyuna Estate in Spring Valley in December 4, 2013. They had initially been sentenced to death before it was commuted to life imprisonment.

After hearing their appeal, Justice Machaia said, “Having weighed both the aggravating and mitigating circumstances, I exercise my discretion to set aside the death sentence imposed and substitute it with fifteen years imprisonment.”

The judge ordered also said the period of one year, eleven months and eighteen days, which the two served while in remand, shall be taken into account and constitutes part of the sentence.

The charges against the two was that on the night of December 4, 2013 at Kyuna Estate Spring Valley in Nairobi, jointly with others not before court, while armed with dangerous weapons namely pistols and AK 47 rifles they robbed Ngengi of a Nokia 76 mobile phone valued at Sh5000.

They also robbed him of his wedding ring, one belt and Sh8,000 in cash. In all, they robbed items and cash worth Sh20,000, while using violence.

They were also accused that jointly with others not before court, while armed with dangerous weapons robbed TM Ceaser Mathia Muigai a wrist watch make Nautica valued at Sh15,000 and cash 10,000. The court heard that they threatened to use or used violence Mungai.

They were further charged with violently stealing Sh330,000 from Christian Mwai Muigai.

KHAEMBA STILL A JUDICIAL OFFICER, COURT RULES.

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Kiambu Principal Magistrate Bryan Mandila Khaemba.

BY SAM ALFAN.

Embattled Kiambu Principal Magistrate Bryan Mandila Khaemba who resigned last week after suspension by the chief justice David Maraga over alleged gross misconduct remains a judicial officer pending hearing and determination against judicial service commission.

This is according to a consent order issued by Employment and Labour Relations Court.

Employment and labour relations Court ordered that Bryan Mandila Khaemba is still a judicial officer but on suspension from discharging duties as a judicial officer designated as principal magistrate but the same does not affect his membership the Kenya Magistrate’s and Judges Association(KMJA) and the East African Magistrate’s and Judges Association (EAMJA) and the related capacities as he may hold in the Association.

This is after the magistrate sued the Chief Justice David Maraga and Judicial Service Commission (JSC) over it’s decision to suspended him on Thursday last week without a salary over allegations of misconduct relating to how he handled Governor Ferdinand Waititu’s case.

Justice Byram Ongaya in a consent order dated June 19, further ordered the Chief Justice David Maraga and the JSC to pay the magistrate half consolidated monthly renumeration.

Khaemba resigned while citing various reasons for his resignation among them the need to engage in other income generating activities after he was given an indefinite suspension during which he was to earn nil salary.

“However, having reflected on the consequences of the suspension letter, especially on the aspect of nil salary and fact that this process has no definite timelines, I have separately tendered my resignation letter to enable me engage in other income generating activities. This will also give the council of the East African Magistrate and judges Association (EAMJA) a chance to designate another council member take charge of the secretariat of the association since I have been serving as the secretary general”, stated Khaemba resignation letter.

FORMER KEBS BOSS AND FIVE OTHERS CHARGED A FRESH IN ‘MERCURY FERTILIZER’ CASE.

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Former Kenya Bureau of Standards chief executive Charles Ongwae with few of his co-accused f charged afresh over importation of 5,846,000 bags fertiliser alleged to have high mercury content before a Nairobi Court./FILE PHOTO.

BY SAM ALFAN.

Former Kenya Bureau of Standards chief executive Charles Ongwae and five others have charged afresh over importation of a fertiliser alleged to have high mercury content.

They appeared before Milimani Senior Principal Magistrate Kennedy Cheruiyot and pleaded not guilty to the charges.

This comes a month after Director of Public Prosecutions dropped the charges against Benson Oduor Ngesa, Karim Lofti Senhadji, Malika Kirama, Younese Addou and OCP Kenya Limited.

However, prosecution will now charge Benson Oduor Ngesa who was discharged last month will face attempted murder charges after bleaching the plea agreement with the prosecution.

The entire criminal charge against the five accused persons be marked as withdrawn under section 87 (a) of the Criminal Procedure Code,” states the plea agreement.

Through Senior Assistant Director of Public Prosecution Alexander Muteti, the DPP said he entered the agreement without prejudice to the criminal case 1151/2018 as against the other six accused persons.

He said the move was necessitated by availability of new facts to the prosecution by the accused persons that clearly indicates that the decision to charge them was made without the full benefit of the full factual scenario being provided to the investigators and the prosecution.

The court heard the decision to charge Karim Lofti Senhadji, Malika Kirama, Younese Addou and OCP was made because they were out of jurisdiction but they later provided information and documents that have given a new dimension to the matter, prompting a review of decision to charge them.

He said the terms of the plea bargaining agreement are that the acquitted persons shall unconditionally withdraw the application filed by Ngesa and supported by the other four accused persons, seeking the retesting of the fertilizer that is the subject of the criminal trial.

Ongwae was charged afresh alongside KEBS officials namely Eric Chesire Kiptoo (Director, Quality Assurance), Peter Kinyanjui (Inspection Manager, Kilindini Port), Martin Muswanya Nyakiamo (Coast Region Manager, KEBS) and Pole Mwangeni (Port Health Officer Kilindini) and a KRA official Eric Karimi.

They denied several charges of attempted murder for allowing the importation of substandard fertiliser containing mercury.

The charges against their co-accused person were withdrawn following the plea bargain entered between suspects namely OCP (K) Ltd, its directors Malika Karama and Younes Addou and Benson Oduor Ngesa, a Clearing Agent Bollore Transport and Karimi Lofti Senhadji and the DPP.

On May 9, 2019 the DPP agreed to have the impounded consignment of 3,500 bags of fertiliser held at a godown in Mombasa released.

The fertiliser was impounded in June last year for allegedly containing mercury.

Its release is part of a plea agreement entered into by the DPP, and Senior Counsel Paul Muite acting for OCP (K) Ltd, a Moroccan company, its directors Malika Karama and Younes Addou and businessman Benson Ngesa.

“It was agreed between the parties and the DPP that the investigating officer shall concurrently release the impounded consignment of fertiliser held at Bollore warehouse in Mombasa to the OCP (K) Ltd,” reads the agreement.

Ongwae and his co-accused had opposed to the new charges but their application was dismissed due to lack of merits.

Ongwae and five others were also charged with procurement of fake standardisation sticker marks worth Sh 882 million ($8.75 million), aiding the commission of felony, breach of trust and abuse of office.

Prosecution alleges that the accused persons on diverse dates between November 13,2017 and June 7,2018 jointly with others not before court unlawfully cause the death of persons residing in Narok and Eldoret areas, unlawfully released 5,846,000 kilograms of substandard compound fertilizer which contained excessive mercury mineral a substance that endangers human life.

The six are also accused that on diverse dates between the November 13,2017 and June 7,2018 being persons employed in the public service , jointly with others not before court , aided Benson Oduor Ngesa and Stephen Boaz Oloo Otieno employees of Bollore Transport & Logistics Kenya limited to commit attempted murder by unlawfully releasing for use in the republic of Kenya 5,846,000 kilograms of substandard fertilizer which contained excessive mercury mineral a substance that endangers human life.

Ngesa will be charged alongside Stephen Boaz Oloo Otieno who will both take plea on June 27 since they were not present in court.

The two are accused that on diverse dates between November 13,2017 and June 7,2018 being employees of Ballore Transport and Logistics Kenya Limited jointly with others not before court unlawfully released 5,846,000 kilograms of substandard compound fertilizer which contained excessive mercury mineral a substance that endangers human life.

The court further heard that the accused on diverse dates between January 23, and March 2,2018 being state officers abused their offices by unlawfully authorizing the release of substandard fertilizer whose mercury content did not conform with Kenya Standard to compound fertilizer Ks158:2012.

Ongwae and Kiptoo alone are also accused of willful disobedience of statutory duty. They are out on a cash bail of 2 million.

MURUGU HERBAL STAFF IN COURT OVER MEDICAL PRODUCTION WITHOUT LICENSE.

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Seven murugu herbal clinic Catherine Nduta Warui, Diana Wanjiku Wahu,Lucy Njeri Mwangi,Saida Mariam Zakaria,Henry Mukhwana Mukunga,Samuel Kamau Nganga and Francis Maina Ndumia before Milimani Magistrate Court on Tuesday June 18,2019./PHOTO BY S.A.N.

CITY WOMAN IN COURT OVER SH6.7 ALCOHOL BRAND FRAUD AT KIZA RESTAURANT.

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Sheila Wangamwa Macharia before a Nairobi Court on Tuesday June 18,2019./PHOTO BY S.A.N.

BY NT CORRESPONDENT.

A Nairobi woman has been charged with obtaining goods worth 6.7 million at a city restaurant.

Sheila Wangamwa Macharia appeared before Milimani Senior Resident Magistrate, Zainab Abdul and pleaded not guilt to five counts.

She is accused that on May 31 and June 3,2019 at Kiza Restaurant and Lounge along Galana road in Kilimani area Nairobi jointly with others not before court with intent to defraud obtained from Acorn LTD various types of alcohol brands valued Ksh. 6,718,880 by falsely pretending that you were in a position to pay a fact you knew to be false.

Among brands include Jameson Irish, Jack Daniels , tusker, Jameson Black Barrel , Baileys among others.

Sheila is also facing several charges of making documents without authority.

It is alleged that on unknown dates and place jointly with others not before court with intent to deceive and without lawful authority made a bankers purporting it to be genuine bankers cheque issued by Barclay’s Bank River road branch.

She was released on a cash bail of 300,000 and a bond of 1 million.

BUSINESSMAN LOSE BID TO CLAIM SH 100 MILLION FROM NAIROBI COUNTY.

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Nairobi City County Boss Mike Sonko.

BY SAM ALFAN.

A city businessman Patrick Wainaina Ngenga has suffered a major blow after losing a bid to claim Sh 100million from Nairobi county Government.

This is after High Court commercial division upheld preliminary objections from the county government.

“The preliminary objection by Garnishee filed on June 13,2018 is upheld”, ruled Judge Margaret Waringa Muigai.

Further Justice Muigai dismissed the businessman’s application with cost.

The judge said the Garnishee by the county government was properly before court and raised preliminary objection only in regard to Garnishee process and by the virtue of law it is not the proper procedure against county of Nairobi.

Wanaina had moved to court claiming Sh 100 million compensation from the county for a property allegedly transferred to him but which actually belonged to someone else.

The previous administration consented to his claim and gave him Sh 34 million and later claimed Sh100 million interest.

However Governor Mike Sonko’s administration moved to court to stop the Garnishee against it which was set aside by the High Court.

The county government argued that the institution of Garnishee proceedings against it offends the provisions of order 29 rule 4 of the civil procedure rules which expressly prohibits the grant of Garnishee orders against the government.

“Contrary to the provisions of section 21 of the Government proceedings Act, the Patrick Wainaina instituted execution proceedings against the county government”, Said lawyer Harrison Kinyanjui for the county government.

He added that the businessman had sought Garnishee orders against the county government Revenue Account contrary to the constitution which provide the manner in which revenue accounts of the county government operate and section 109 of the Public Finance Management Act prohibits the operation of the county revenue accounts expect in accordance with the constitution and approval from the controller of budget.

TEN SUE INVESCO INSURANCE OVER FAILURE TO SH9.2 MILLION.

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Invesco Insurance Company which has been sued fir failure to pay 9.2 million.

BY SAM ALFAN.

Ten customers of Invesco Insurance Company has sued the firm for refusing to pay them Sh 9 million as directed by a Embu Law courts last year.

Through lawyer Morris Mugendi , they wants the High Court commercial division in Nairobi to compel the directors of the insurance firm to personally to pay them.

“The company has failed to honour its obligation to pay the full decretal sums and the costs as ordered by the court,’ says the petitioners.

They also wants Invesco Insurance Company be liquidated under supervision of the official receiver and liquator subsequently be wounded up.

They are further seeking directors of the company be ordered to personally satisfy such liabilities of the companies as shall remain outstanding and owing after liquidation of the company.

The ten customers were awarded the millions by the court after the judgement was entered against the insurance company on August 23, September 11 and March 26, 2019 respectively.

Principal Magistrate Samuel Mutai directed Invesco Insurance Company to pay Saleisio Kinyua Njagi, Gregory Mwaniki Karunga, Alisa Njeri, Jackleah Wangari , Nyaga Nthia, Alice Kageni ,Emmaculate Wanjiru, Juliet Muthoni, Venessa Kambi and Nancy Muthomi a total sum if Sh 9,007,570.50 plus costs and interests.

According to affidavit by Saleisio Kinyua Njagi, On May 31,2018 petitioners instituted declaratory suits (civil cases numbers 108 of 2018, 107 of 2018, 109 of 2018 among others) against the company for payment to them of decretal sums in the primary suits against the respondent’s insured awarded to them as judgement in the Embu Law Courts.

“As at the date of this petition, it has failed and refused to pay or make a reasonable payments of the decretal sums since the date of the decree as well as the statutory notice dated April 2,2019”, says lawyer Mugendi.

They said Invesco has before issued them with cheques that it knew would not be honored and which were indeed not honored due to insufficient funds.

Mugendi clams his clients their attempts to realize the decretal sum by inter-alia taking out execution proceedings and warrants of attachment and sale of the company’s movable property have all come to naught as the auctioneers have returned the warrants unexecuted and to date , the decree remain unsettled and continues to acrue interests.

“Nothing that the debt arose from the judgement entered by courts. I believe the company made or ought to have sufficient provision for payments to the petitioners,” added Lawyer Mugendi.

They believe the company’s assets are capable of liquidating the decretal sum in full particularly as the same comprise amounts that were contracted for well in the knowledge that they would become due and payable within specified timelines.

Further they say that it was clear that the company is either unable to pay its debt to them or is not willing to do so. “It is in the circumstances fair and just that the company be would up to facilitate inter-alia liquidation of its assets to pay the petitioners debt.

They says despite several demands , including insolvency the statutory notice dated April 2, 2019 and received on April 9,2019 refused or neglected to pay the decretal sum.

Customers says the creditor does not hold any security in respect of the debt claimed by the demand that would be sufficient to satisfy the full debt or at all.

“The debtor does not have a counterclaim, self-off or cross-demand against the creditor which equals or exceeds the amount of the debt or debts specified in the statutory demand”, says petitioners in the court documents.

The case will be heard on September 19,2019.

TWO DENY THEFT OF PETROLEUM ON TRANSIT.

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Charles Maina Munuhe and Wilfred Kieru Macharia before Milimani Magistrate Court where they denied stealing diesel worth Sh 2,946,041 which had been entrusted to them to deliver it to China Communication Construction limited in Kajiado County, from Hass Petroleum limited in Nairobi./PHOTO BY S.A.N.

BY NT CORRESPONDENT.

Two employees were charged with 31,000 litres of diesel on transit the property of Duale Transporters Services Limited.

Charles Maina Munuhe and Wilfred Kieru Macharia denied stealing diesel worth Sh 2,946,041 which had been entrusted to them to deliver it to China Communication Construction limited in Kajiado County, from Hass Petroleum limited in Nairobi.

The two are alleged to have committed the offence on diverse dates between 30th April and 5th May 2019 along Nairobi-Ngong road in Nairobi.

Munuhe and Macharia are also facing a charge of conspiracy to steal the said diesel. Munuhe, alone, is charged with forgery and uttering a false document.

He is alleged to have forged a received delivery note for Sh 2,946,041 purporting it to be a genuine delivery note from the Chinese company, May 2, 2019. It is alleged that he committed the offence jointly with others not before court.

The accused is also charged that May 3, at Duale Transporters Limited in Industrial area, Nairobi, Knowingly and fraudulently uttered the forged delivery note purporting it to be genuine.

They denied the charges before Chief Magistrate Francis Andayi and released on a cash bail of Sh 300,000.

The case will be mentioned on 24th June and will be heard on 2nd August this year.

 

SUSPECTS DENY STEALING PRECIOUS STONES FROM LORESHO HOME.

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Partrick Macharia Ngugi, Isaac Wanyoike and George Mutuku Mulatia before a Nairobi Court./PHOTO BY S.A.N.

BY NT CORRESPONDENT.

Three men have been charged with stealing gemstones worth over Sh70 million in Nairobi.

Partrick Macharia Ngugi, Isaac Wanyoike and George Mutuku Mulatia appeared before Milimani Chief Magistrate Francis Andayi and denied the charges.

The charges against them state that on May 10, 2019 at Loresho Kaumoni Estate in Westlands, Nairobi they stole assorted gemstones worth 76,170,362 from Mary Njambi Mwangi.

Wanyoike is a security guard to Mwangi’s home, further denied a charge of neglect to prevent felony and stealing with servant.

He is alleged to have failed to use all reasonable cause to prevent the theft.

Mutuku is also charged with handling stolen goods or holding assorted gemstones knowing or having reasons to believe them to be stolen.

They were released on a cash bail of Sh1 million or alternative bond of Sh2 million.

GOVERNOR SONKO, MPS CHALLENGE INSURANCE COVER FOR BODA BODAS 

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Nairobi Governor Mike Sonko with other leaders who have challenged the government’s proposal that requires boda boda and Tuk-tuks operators to acquire mandatory insurance cover for their passengers.

BY NT CORRESPONDENT.

Political leaders have moved to court challenge move by Treasury CS to require boda bodas and Tuk-tuks operators to acquire mandatory insurance cover for their passengers.

Nairobi Governor Mike Sonko together with MPs Moses Kuria (Gatundu South), Eala MP Simon Mbugua and politicians Kalembe Ndile, Reuben Ndolo, Stanley Livondo and Kevin Mubadi jointly sued the government seeking orders to prohibit the implementation of the proposed insurance policy for boda boda operators.

The petitioners want the court to restrain the Treasury CS from implementing the proposal, which was contained in his 2019/20 financial budget. They argued that the implementation of the proposal will lead to massive unemployment and huge loses.

They further argue that the said the proposals were not shared with members of the public for comments before they were introduced.

On Thursday, Rotich said all Bodabodas and tuk tuk operators will be required to obtain Third party insurance in order to cover their passengers and pedestrians in the event of an accident.

Rotich had indicated that the proposal would be effected by amending the provisions of the Insurance Act.

The petitioners however claim that the CS ought to have consulted with the Attorney General before making that proposal in order to receive correct and responsible advice and ensure the proposed amendments are not in contrary with the constitution.

In an affidavit, Sonko claims that the boda bodas and tuk-tuk operators will now find themselves in position where they are required to pay excessive and obstructive fees in the form of Third party insurance without being given any opportunity to debate or discuss the approval.

The governor argues that the amendments and Regulations which will introduce Third Party Insurance for the riders and tuk tuks were not shared with members of the public for comment before being introduced.

“The proposal that boda bodas and tuk tuks operators obtain Insurance cover for passengers and pedestrians which was made  during the reading of the budget  deals with issues of public finance. It follows that there ought to have been sufficient public participation on every issue it intended to introduce,” stated Sonko in an affidavit.

The governor further argues that the constitution obligates Parliament to formulate legislation to manage urban areas and cities and the legislation must provide for the participation of remedies in the governance of urban areas and cities.

“The Public Finance Action obligates the Treasury Cabinet Secretary to ensure public participation in the budget process. Failure to follow the law and the constitution rendered the actions of the CS invalid,” stated Sonko.

It is the governor’s arguments that the budgetary proposal denied the all the boda bodas and tuk tuk operators a chance to give their input in the planning and policy formulation process.

Justice James Makau certified the application urgent and directed them to file and serve the application to Treasury CS Henry Rotich and the Attorney General who they have named as respondents. They will appear in court on Monday for directions.