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WOMAN CHARGED WITH FORGING HUSBAND’S CONSENT IN SH15 MILLION MORTGAGE APPLICATION

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BY NT CORRESPONDENT.

A businesswoman has been charged with forging spousal consent mortgage application.

Jane Muthoni Kariuki who is a manager of company appeared before Kibra senior resident magistrate Charles Mwaniki and pleaded not guilty to several counts.

Muthoni is accused that on November 4, last year at an unknown place, with intent to deceive, forged NCBA bank spousal consent mortgage application.

It is alleged that she claimed the document had been signed by her husband David Kimeli Mugun.
She was also accused that on November 4 last year, at an unknown place, she forged NCBA bank spousal consent mortgage application document purporting it has been signed by lawyer George Bwoyere.

She is also accused accused of knowingly and fraudulently uttering the forged document, claiming it to be genuine and signed by her husband.

She was released on a bond of Ksh100,000 pending hearing and determination of her trial.

Police have listed five witnesses to testify against her in the forgery case.

COURT HALTS EXTENSION OF TENURE OF EPRA BOSS.

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BY NT CORRESPONDENT.

The board of directors of the Energy and Petroleum Regulatory Authority has been temporarily blocked from renewing the term of its Director General Robert Pavel Oimeke.

In a ruling, Employment and Labour Relations Judge Hellen Wasilwa barred the board, CSs of Energy and that of Petroleum and Mining from deliberating, renewing or extending Oimeke’s contract, which came to an end on August 1.

In a petition, Emmanuel Wanjala Wamalwa moved to court arguing that any planned renewal or extension should be subjected to competition and procedural requirements.

Through lawyer Henry Kurauka, he says unless the court intervened, the public will continue suffering irreparable and devastating losses especially in the electricity renewable energy and Petroleum sectors as the prices of these products will keep on increasing and eventually become unaffordable to the people.

He further claims that due to his omissions the taxpayer has ended up losing billions of shillings which cannot be recovered and should his tenure be extended. He further said these losses are likely to increase thereby crippling the authority and sector increasing the burden on a weakened tax payer.

Wamalwa also wants the Ethics and Anti-Corruption Commission to be ordered to immediately commence investigations against Oimeke in a bid to establish any corruption related activities involving or perpetrated by him.

He argued that any purported reappointment of Oimeke as the EPRA boss must be competitive and procedural and as stipulated by the law and the constitution.

TYCOON MALL IN GIGIRI SHOULD NOT BE DEMOLISHED, JUDGE ORDERS.

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BY SAM ALFAN

The High Court has extended orders stopping Nairobi County Government from demolishing Gigiri mall owned by business magnate Madatali Chatur.

The businessman has also asked the court to enjoin Nairobi Metropolitan Services director General Major Mohamed Badi as an interested party.

Chatur is seeking to block the county government from reclaiming a piece of land in Gigiri.

Scorpion Properties ltd rushed to court last week, accusing Badi of threatening to demolish the premises and repossess the land, which the county claims was set aside for Gigiri fire station.

But the company said it has been the registered owner of the land, under leasehold tenure since January 1989. The company said it has been occupying the premises for the last 14 years.

The company moved to court last year and obtained the orders, stopping Nairobi Governor Mike Sonko from demolishing the building.

However, on July 23, Badi threatened to repossess the land, an act the company described as impunity and flagrant disregard of the law.

Badi allegedly directed the company to demolish the premises and vacate from the land, yet he was served with a court order issued in January 2019.

“No law permits the intended interested parties to violate constitutional rights of citizens and or permits the same to unduly intermeddle with title to private land,” the application reads.

The company submitted that the premises is under threat of being demolished and tenants forcibly evicted from the premises in contravention of the court order.

The tenants, the court heard, are apprehensive of losing their businesses and property unless stopped by the court.

Lawyer Bernard Obae for the company said the property has been charged to a bank with a loan of Sh278 million and the planned demolition will cause the company irreparable loss.

Further, the firms claim that some of their tenants are planning to vacate the properties, noting that it will cause damages since they used bank loans to put up the buildings.

Hearing resumes September 17 2020

PRIORITY LTD SUPPORTS WESTON IN LAND OWNERSHIP ROW.

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BY SAM ALFAN.

Priority Limited, a company at the centre of ownership row of a land which Weston Hotel stands has supported the hotel’s application seeking for the dismissal of a petition filed by the Kenya Civil Aviation Authority.

The company through lawyer Katwa Kigen said Environment and Land court does not have the jurisdiction to entertain and determine the petition by KCAA.

“The petitioner’s (KCAA) claim is res-judicata in toto in the face of lack of an appeal from the NLC ‘s adjudication and decision of the selfsame dispute,” said Priority limited in the application.

The company terms petition by KCAA as frivolous, vexatious, vain, void and is an abuse of court process including the proceedings available at the National Land Commission.

The company maintained that the title to the land was acquired legally, having bee obtained in good faith, is legitimate and cannot be faulted through the petition or any other case.

Kigen said having been registered as the owner of the parcel, serves as a conclusive evidence of ownership.

The company has further stated that KCAA has no “worthy evidence and otherwise without prejudice to any other averment” to the contrary since the agency has never owned be the registered proprietor of the land and hence has no rights and or entitlements to the parcel as pleadedThe company maintained that the suit by KCAA should be summarily dismissed.

In the petition, KCAA wants the title held by the hotel revoked and a decision by the NLC, directing the management of the hotel to compensate the agency for acquiring the land, quashed. 

But the management of Weston Hotel has maintained that it was an innocent purchaser of the land and that it paid money to acquire the plot.

The Hotel said the case by KCAA ha ha been filed with ulterior motives, especially after NLC made a finding that the title was acquired legally.

Through Michael Nzile, the hotel said it purchased the property from Priority Ltd and Monene Investment Ltd and they cannot be asked to compensate KCAA having voluntarily vacated a site near Wilson Airport for the agency.

The hotel through lawyer Ahmednassir Abdullahi wants the case dismissed arguing that KCAA has not made out a case, deserving of any of the prayers sought.

Ahmednasir has urged the court to uphold the sanctity of the title and dismiss KCAA’s petition. 

In June, Justice Benard Ebosso stopped the implementation of the decision made by the NLC on January 25, allowing the owners of the hotel to pay compensation to the agency at the market value, to enable it to purchase alternative land.

The disputed public land had been acquired by the defunct Directorate of Civil Aviation (DCA) in the early 1990s for the construction of its headquarters.

The agency stated that Weston embarked on rapid construction without obtaining mandatory development approvals from relevant State regulatory agencies.

JKUAT DIRECTED TO ALLOW FINANCE DVC PROF MAIRONGO ACCESS HIS OFFICE.

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BY SAM ALFAN.

Prof Bernard Otoki Moirongo to remain Jomo Kenyatta University of Science and Technology (JKUAT) Deputy Vice Chancellor finance.

Employment and Labour Relations Court ordered Jkuat to allow Deputy Vice Chancellor finance Prof Moirongo to access his office and resume his duties, pending hearing and determination of a case pending before court.

Justice Stephen Radido also prohibited JKUAT vice chancellor Prof Victoria Wambui Ngumi or anyone working under her authority from denying Prof Moirongo access to his office.

“A temporary order is hereby issued prohibiting the respondent and the interested parties , whether by themselves, or any of their employees or agents or any person claiming to act under their authority from proceeding to advertise a vacancy in the deputy vice chancellor (finance) for Jomo Kenyatta university of Agriculture and Technology pending inter-parties hearing and determination” Judge Radido ordered.

This is after activist Okiyah Omtatah moved to court seeking orders to compel the council of the JKUAT in consultation with the education cabinet secretary of education to reappoint Prof. moirongo as the substantive DVC finance with immediate effect but not later than fourteen days from the date of the court orders.

He also sought orders to compel the council of JKUAT and cabinet secretary to pay Prof Moirongo his rightful exit package as stipulated in clause 11 of the terms and conditions of service for deputy vice chancellor.

Omtatah further sought for declaration the Prof Moirongo is entitled to the exit package as enumerated in terms and conditions of service for deputy vice chancellor.

“A declaration be made that Prof. Moirongo should not be subjected to a competitive process for his second and final term as the DVC finance” urged the activist.

The court was urged to declare that failure to reappoint him is tantamount to unfair and unlawful termination.

He wants the Prof. Moirongo to be appointed with immediate effect and should be declared that the concurrence of the public service commission is not required in the reappointment of Prof Moirongo.

He further urged the court to issue declaration that it is prerogative of the JKUAT council in consultation with the education cabinet secretary to reappoint or reappoint Prof Moirongo based on his previous performance.

He also wants the court to declare that decision to block Prof Moirongo from accessing and acting in the office of the DVC finance is insubordination to the council.

Omtatah arguing that Prof Ngumi had denied Prof Moirongo access to his office, yet the University Council had reappointed him for a second term of five years.

He accused Prof Ngumi of insubordination of the Council and for violating clear provisions of law on the procedure for reappointment of public officials by blocking Prof Moirongo’s reappointment.

He said he is alarmed that the wrangles have intensified in the recent past and spilt into the media, and now threatens to degenerate to the levels we saw with similar disputes at the University of Nairobi.

KeNHA TO PAY LAWYER AHMEEDNASIR FOR DAMAGE CAUSED ON WINDSCREEN OF HIS LUXURIOUS BENTLEY CAR.

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BY SAM ALFAN.

Kenya National Highways Authority (KenHA) has been ordered to pay veteran lawyer Ahmednassir Abdullahi over Sh700,000 for the damage of the windscreen of his luxurious car.

Kajiado magistrate Edwin Mulochi ordered KenHA to pay Senior Counsel Ahmednassir Sh750,311 for damaging the windscreen of his high-head Bentley Bentyaga.

“I consequently find that the accident or damage in question did occur on the Nairobi-Namanga highway and the plaintiff has proved on a balance of probabilities that he travelled to Tanzania and back on the said dates,” the magistrate ruled.

The magistrate found Ahmednassir proved KenHA breached the duty of care owed to him and other road users and were liable. The car was hit by stone shrapnel, while workers contracted by the agency were re-carpeting the highway in 2018.  

The judge did not award the senior lawyer damages over the sustained injuries since he did not adduce evidence to prove he was injured.

Ahmednasir said he was travelling to Aruasha-Tanzania on August 25,2018 with his children. On his way back on August 30, KenHA contractor was re-carpeting the highway and as a result his car’s windscreen was damaged by the stones particles emanating from the work.

He accused the agency of negligence because they should have put up signs warning motorists or diverted the traffic.

Ahmednassir said the damage occasioned him great loss and KeNHA agents were grossly negligent and reckless in failing to close the road to members of public while carrying out the works, so as to save off accidents.

He told the court that KeNHA failure to erect proper sign boards along the highway indicating the road works amounted to reckless and owed him and other road users a duty of care which it breached occasioning him damages and windscreen of his Bentley Bentyaga car.

KeNHA denied the claim liability and said he did not report to the police. The agency also claimed that the accident could have happened in Tanzania but the magistrate dismissed the assertion saying it was not a requirement for him to report to the police.

WESTON HOTEL WANTS COURT TO STRIKE OUT LAND OWNERSHIP ROW.

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BY SAM ALFAN.

Weston Hotel now wants a petition filed by Kenya Civil Aviation Authority over the controversial land on which the hotels stands on be struck out arguing that it was filed in the wrong forum.

Senior Counsel Ahmednassir Abdullahi wants the Environment and Land court to dismiss the petition saying the court lacks the jurisdiction to determine the dispute.

The Hotel said the dispute had already been determined by a commission of competent jurisdiction coupled with the express and mandatory provision of the constitution of 2010 and the National Land Commission.

He said the Act expressly provides a detailed process of how to handle disputes if the genre before the court and the same cannot be ignored or wished away by KCAA and the court.

Ahmednassir says that the Environment Land court lacks the jurisdiction to hear the matter and is of the considered opinion that the court must lay down its tools forthwith to dismiss the suit for the said want of jurisdiction.

“The constitution and relevant statutes set out a detailed procedure and process for seeking redress and the petitioner (KCAA) has already pursued that process and procedure halfway,” he said.

Weston hotel contends that the process and procedure are mandatory and court is lawfully obliged to order the KCAA to finalise or pursue that process and procedure to the end and constitution requires the due process must be followed and it also entrenches the hotel right to enjoyment of equal protection of the law.

The hotel argued that on October 29, 2018 voluntarily filed a claim with the National Land Commission seeking to recover the suit property and Weston hotel responded. After the hearing of all parties, NLC on February 1, 2019 served all parties with determination.

“The expressly prescribes a statutory procedure for pursuit by persons aggrieved with determinations issued by the NLC being an appeal to the Environment and Land  court which appeal KCAA has failed to file and instead filed a fresh petition.

The hotel says the suit by KCAA is a misuse of the court process and ELC court lacks the requisite jurisdiction to hear and entertain the instant petition.

“The petition is an abuse of the court process and the petitioner is obligated to adhere to the law and not lodge multiple claims in different forms and in the interest of justice that the petition be dismissed” urged the hotel.

Weston hotel director Michael Nzile filed an affidavit supporting the application seeking to dismiss KCAA petition.

SECURITY GUARD DETAINED FOR STEALING FROM ZAMBIAN DIPLOMAT HOME.

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BY NT CORRESPONDENT.

Police have been allowed by a Kibera Court three more days to continue detaining a Lavingtone security guard over allegations of stealing at the home of the Zambian High Commission.

The guard Libasia Mbache was arraigned before Chief Magistrate Grace Gandani who directed him to be detained until Friday to allow police complete investigations.

This is after Kilimani officers from Directorate of Criminal Investigations through investigating officer Police Corporal Kevin Kisasati requested the court to detain the suspect for three days.

The case was reported by the Zambian High Commission Maimbo Kazoka.

Maimbo said he went to the house and found that the house has been broken and several properties stolen from the home.

The suspect was assigned to guard the premise and was arrested on August 4 at Kibera area and was escorted to Kilimani DCI office for further interrogation.

He is said to have agreed that he stole the item in the house of the former high commissioner to Kenya and led detectives to his house in Kibera and upon search the house recovered LG fridge , coffee table , laptop, shoes , carpets among others all valued Sh 1,123,000.

SACKED PROSECUTOR LOSES BID TO GET BACK HIS FORMER JOB.

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BY SAM ALFAN.

A former Senior Prosecutor has lost his bid to be reinstated after the High Court dismissed his petition saying there was nothing to show that his rights were violated.

Employment and Labour Relations court Nzioki wa Makau dismissed the petition by James Makura M. Abira, saying no constitution “questions arose to elevate the dispute to the rarefied sphere of constitution petition”.

“In the final analysis I find that the preliminary objection succeeds and the petition is hereby struck out with no orders as to cost” ruled Makau.

The former prosecutor had served at the then DPP’s office being a department under Attorney General’s office as state counsel II.

He was employed by the solicitor general on December 15, 2003 but on June 23, 2011 he was served with a letter requiring him to cease exercising his duties until a criminal case he was facing was heard and determined.

He had been charged that being a senior prosecutor at the office of Director of Public Prosecution, he solicited and received a bribe of Sh25,000 from Peter Chania Magere. He allegedly committed the offence on June 20, 2011 for Magere’s case to be taken to court. He was later dismissed, although the court acquitted him of bribery charges.

He then sued the DPP for failure to lift the interdiction claiming that his right to fair administrative action and fair labour practices was violated.

He claimed he was dismissed contrary to the law since his salary was stopped contrary to section 62(3) of the Anti-corruption and Economic crimes Act, which entitled him to automatic reinstatement after acquittal.

Justice Makau dismissed the petition saying Abira did not particularize and articulate in the petition the particular right said to have been infringed or every allegation of constitutional breach.

DPP through his senior director assistant of prosecution Duncan Ondimu opposed the petition.

The court heard that on March 18 this year, an advisory board in the office of the DPP recommended Abira’s dismissal on  the account of gross misconduct.

DPP told the court that on May 22, 2019, Abira was issued with a show cause why disciplinary action should not be taken against him in accordance with section 11.15 of the ODPP human resource manual and he responded on June 3, 2019.

His response was placed before the advisory board and he was accorded a fair hearing before the decision to dismiss him from the prosecution office was reached and the decision reached did not offend the constitution.

It was submitted that the show cause letter clearly enumerated what actions by Abira constituted gross misconduct as per section 44(1) of the Employment act.