Blog

PRIME SUSPECT IN MURDER OF BELGIAN MILLIONAIRE DETAINED PENDING MENTAL ASSESSMENTSL.

0

BY SAM ALFAN.

A prime suspect in the alleged killing of a Belgium national Dysseleer Mireille Losaipa alias wa Samburu will undergo a mental assessment before pleading to murder charge.

Justice Daniel Ogembo ordered the suspect, Lucy Waithera Njuguna, be taken to Mathare Mental hospital to confirm whether she is fit to stand trial.

The prosecution also asked the court for the suspect to be detained at Lang’ata women prison pending mental assessment, a move vehemently opposed by Waithera through her lawyer Cliff Ombeta.

The lawyer told the court that she has been in custody for the last 27 days, which was enough for prosecution to conduct the assessment before preferring the charge against her.

He opposed to have Waithera handed over to Prison authorities claiming that they will cause further delay in the exercise of mental assessment due to their administrative procedures.

The Directorate of Criminal Investigation (DCI) had applied to have her detained so that the police could complete investigations into the missing Belgium businesswoman.

Then, the police told Naivasha High court that Waitheira was a key suspect involved in the disappearance of Dysseleer early last year.

The application filed by investigating officer attached to DCI homicide division Oliver Nabonwe claims that Waitheira was arrested on February 1, 2020 at her Milimani residence in Nakuru.

She had in her possession Dysseleer’s assorted bank cards and copy of death certificate No. 1600281 and they suspected she was involved in her disappearance.

The woman was also in possession of Dysseleer’s original passport with immigration stamps. The passport indicated that Dysseleer traveled to India on December 12, 2018  and came to Kenya on June 30, 2019.

Waithera alleged that she had visited the missing Dysseleer at Janaupuri Bhagat hospital where Dysseleer had been admitted since December 2018. 

“Waithera is being investigated over the missing of Dysseleer Mireille losaipa alias wa Samburu who according to the investigating officer believe to be dead as enshrined under section 386(1)(d) of the criminal procedure code,” the application read.

Dysseleer was residing in Nakuru before his disappearance in early 2019 at her residence at Blankets estate of Mwariki area, Nakuru East Sub-county.

“In the Month of March 2019, immediately after Dysseleer’s disappearance Waithera and her accomplices, who are still at large leased the missing person’s residence to Avipro East Africa and started earning rental proceeds”, said Nabonwe.

Preliminary investigations from the immigration department have so far established that neither Dysseleer nor Waithera traveled to India as alleged.

Detective Nabonwe told the court the suspect from the onset of investigations has been changing her assertions day by day and at one time alleging that Dysseleer died in a hospital in India and cremated at Kariokor crematorium.

“All these allegations have been disapproved as it has since been established that the missing person (Dysseleer) didn’t leave the country as alleged. Kariokor and Langata crematorium have equally no records of ever cremating the missing Dysseleer”, the officer told the court.

Further, Nabonwe informed the court that following the disappearance of the Dysseleer, Waithera produced the missing Belgium national advocate practicing under the name of Hari Gakinya & CO. advocates with a death certificate No. 1600281 showing that Dysseleer died on July 15,2019 at M.P Shah hospital in Nairobi.

“Waithera furnished the missing person’s advocate with a death certificate indicating that the missing person passed on at M.P Shah hospital on July 15,2019and subsequentlty a succession cause no. 40, 2019 filed at Nakuru High court. The document was later found to have been forged,’ says the detective.  

The court was informed that the death certificate was used to file the succession case in respect to the missing Dysseleer’s estate where Waithera is one of the beneficiaries.

The investigating officer say that the said death certificate has since been confirmed to be an authentic by the state department of civil registration services. He added that equally the M.P Shah hospital through its medical director has attested that the missing Dysseleer was neither treated nor passed on at their facility as alleged by the suspect.

At the same time the Director of Criminal Investigation George Kinoti has stopped a Nakuru High Court from issuing orders in respect to the estate of the missing Dysseleer.

This is after Waithera had filed before Nakuru High Court succession civil case No. 40 of 2019 which DCI has stopped any orders to be issued until investigations are done and concluded to establish the whereabouts of the missing Dyseleer.

This is after Waithera had filed before Nakuru High Court succession civil case No. 40 of 2019 which DCI has stopped any orders to be issued until investigations are done and concluded to establish the whereabouts of the missing Dysseleer.

She was also in possession of Dysseleer’s original passport with immigration stamps indicating that the he had traveled to India on December 12,2018 and came to Kenya on June 30,2019. Waithera alleged that she had visited the missing Dysseleer at Janaupuri Bhagat hospital where Dysseleer had been admitted since December 2018.

Preliminary investigation from the immigration department have so far established that neither Dysseleer or Waithera traveled to India from as alleged .

Detective told the court the suspect from the onset of investigations has been changing her assertions day by day and at one time alleging that Dysseleer died in a hospital in India and cremated at Kariokor crematorium.

“All these allegations have been disapproved as it has since been established that the missing person ( Dysseleer) didn’t leave the country as alleged. Kariokor and Langata crematorium have equally no records of ever cremating the missing Dysseleer”, the officer told the court.

According investigating officer attached to DCI homicide division Oliver Nabonwe, Waithera furnished the missing person’s advocate practicing under the name of Hari Gakinya & CO. advocates with a death certificate No. 1600281 showing that Dysseleer died on July 15,2019 at M.P Shah hospital in Nairobi.

The death certificate was used to file a succession case No. 40/2019 at Nakukuru high court in respect of Dysseleer’s estate where Waithera is one of the beneficiaries.

The death certificate has been confirmed to be fake by the state department of civil registration services and M.P Shah through medical director has attested that Dysseleer was neither treated nor passed on their facility.


BUSINESSMAN LOSSES OVER 10 MILLION AND PROPERTIES IN THE CITY TO THE GOVERNMENT.

0
Businessman businessman Joseph Wanjohi and and his wife Jane Wambui Wanjiru before court./FILE PHOTO.

BY PHOEBE WANJOHI.

It is a big blow to a city couple accused of drug trafficking, trading in wildlife trophies and money laundering after the high court order them to forfeit Sh10.5 million and property worth millions to the State.

This is after justice Mumbi ngugi declared that the monies in two business Sidjoe Manufacturers and suppliers and Marudiono zone limited associated with them to be proceeds of crime.

The court further forfeited two luxury motor vehicles Ranger Rover and Mercedes Benz and parcel of land.

In her ruling, judge Mumbi ruled that ruled that Assest Recovery Agency(ARA) had established the the money and assets held by businessman Joseph Wanjohi and his wife Jane Wambui Wanjiku were obtained through proceeds of crime.

“Accordingly, the application dated February 11,2019 succeeds and I grant orders as prayed theirin with costs to the applicant”, ruled judge mumbi.

Justice Ngugi said sale of shoes, T-shirts among others as alleged by the couple cannot result to level of funds deposited in their accounts.

The Judge further agreed with the Agency that their activities are threat to national security, public good and leads to erosion of societal good values by rendering the youth of the country unproductive hence leading them to be susceptible to hard core criminal activities.

“We know the damage crime of narcotic drugs has brought on families and devastation caused trade in wildlife trophies. We can’t over emphasize on determent of such illegal trade. We must ensure they don’t enjoy from proceeds of such crimes,” she said.

The orders comes after ARA petitioned the court seeking to have the property by the couple whoa are the directors of the companiesforfeirted to the state but first sought for preservation of the same pending the hearing and determination of the matter.

On November 16,2018, the same court issued orders restraining businessman and two companies from withdrawing 10.5 million from their accounts.

Further, the court ordered the businessman to surrender his two luxury cars to the Director of Criminal Investigation George Kinoti within seven days failure to which DCI should seize and detain them.

The then presiding Justice Hedwig Ong’undi barred Joseph Wanjohi ,Jane Wambui Wanjiku , Sidjoe Manufacturers and suppliers and Marudiono zone Limited from transferring , transacting , withdrawing , using and other dealing in respect of funds held at Barclays Bank Muthaiga and Barclay’s Bank Moi Avenue.

“Sh 10,013,187,60 held in account in the name of Sidjoe Manufacturers and suppliers held at Barclays Bank Muthaiga North Branch Nairobi”. Ordered Judge Ong’undi.

The court also issued preservation barring businessman Joseph Wanjohi from transferring or withdrawing the money in his account.

” She 575,882,20 held in account in the name of Joseph Wanjohi held at Barclays Bank Moi Avenue branch , Nairobi,” the court ordered.

The presiding judge further issued orders restraining transfer or sale of two luxury cars Range Rover KBU 950W and Mercedes Benz KCD 299H both registered under the name of Joseph Wanjohi.

The businessman was ordered to surrender the motor vehicles specified to the Director of Criminal Investigation Headquarters within seven days.Wanjohi was ordered to surrender th original logbooks of the motor vehicles to Asset Recovery Agency.

“In the event the respondents fail to surrender the above motor vehicles as specified , the Director of Criminal Investigation George Kinoti is hereby ordered to seize and detain the motor vehicles specified under order 3 above”. Ordered Judge Ong’undi.

The judge further ordered the Director General of National and Safety Authority to register caveats against the records of each of the motor vehicles. The Anti-Corruption court further prohibited Joseph Wanjuhi ,His wife and two companies associated with him from selling or any dealing from four lands registered under their business Marudiano Zone Limited.

The said land’s as per the court order are L.R NO.27981/7 and I.R 122131/65 registered in the name of Marudiano Zone Limited.

L.R NO. 16217/87/17 and I.R 90025 registered in the name of Marudiano Zone Limited.

L.R.NO. 27981/8 and I.R 122131 registered in the name of Marudiano Zone Limited.

The Chief Land Registrar is hereby ordered to register caveats against the records of each of the properties.

Orders were issued against each one of the respondents , their agents,servants or any other persons acting on their behalf prohibiting the sale transfer or other dealing with Wanjohi’s luxury cars .

While responding to the application, Wanjohi said said their business has stalled as a consequence of the frozen accounts thus jeopardizing their business transactions. They further contended that the preservation orders obtained against the application was open ended without a time frame within which investigations were to be conducted thus jeopardising their business.

They also claimed that majority of their assets preserved were acquired before the year 2099 to 2018 the period alleged that they had received money from illegal activities. They added that the alleged orders granted were previously the subject of preservation orders before the magistrate’s court for three months since August 28,2018.

Wanjohi, his wife and the company dismissed and termed the allegations that they had been depositing cash in tranches of below shillings one million to avoid detection and questioning by the central bank of Kenya as a non starter.

Regarding the drinks seized from their home , the applicants averred that they have been since been returned to them as the same constitute genuine import business. Touching on motor vehicle vehicle KBU 940W , the applicants stated that the property does not exist as it was involved in a road accident and same marked as a write off.

While disputing involvement in illegal trade on wildlife trophies , they termed the same as trumped up allegations and charges without cogent evidence and they had no relationship with acquisition of their property before July 2018 when those claims were made.

They also stated that they have been engaging in legitimate importation , wholesale and retail business of high beverages including alcohol and attached copies copies of cheques showing various bank slips made to the banks by customers and clients among others.

SAFARI WORLD DIRECTORS CHARGED OVER 3.8 FRAUD.

0

BY NT CORRESPONDENT.

Two directors and a secretary of Safari World limited were charged over obtaining Sh 3.8 million from a businessman.

Zeituni Maimuna Abdi Awat, Mwanaisha Hassan Amina and Amina Wairimu Arafa appeared before Milimani Principal Magistrate Peter Ooko and denied the fraud charges levelled against them.

Directors Abdi, Mwanaisha and the company secretary Amina Wairimu Arafa are accused that on July 11,2019 in Kilimani area in Nairobi county jointly with not before court with intent to defraud obtained Sh3.830,000 from Solomon Nabie Bwome by falsely pretending that they were able to sell Toyota Land cruiser a fact they knew to be false.

Police have listed six witnesses to testify against the three company officials.

They were released on a cash bail of sh 200,000 pending hearing and determination of the case.

ILLEGAL LPG GAS REFILERS CHARGED.

0

BY REPORTER.

Several people have been charged before Milimani Magistrate court with illegally refiling L.P.G gas cylinders and transportating liquefied petroleum gas without valid license.

Abdi Kassim Abdi, Anfa Farah Elmi , Zacharia Onchiri , John Ntiongo Macharia , Michael Kinyanjui, Sospeter Mwangi and Lumumba Ondari appeared before Milimani Principal Magistrate Kenneth Cheruyoit and pleaded not guilty to all the charges.

Abdi Kassim Abdi and Anfa Farah Elmi are accused that on February 21,2020 at More Gas limited L.P.G storage and filing facility located along Lunga-Lunga road in Industrial area in Nairobi county jointly with others not before the court were found to have filled 13-6 kgs L.P.G cylinders of K-Gas brand without authority from brand owners to fill.

The two are also charged with filling Pro-Gas, Hashi-Gas and L.P.G cylinders of Oilibya -Gas brand without authority from brand owners to fill.

Zacharia Onchiri , John Ntiongo Macharia , Michael Kinyanjui, Sospeter Mwangi and Lumumba Ondari are charged with transporting liquefied petroleum gas without authority.

They were found in a fenced area transporting LPG cylinders using different types of motor vehicles in industrial area Nairobi.

Abdi Kassim Abdi and Anfa Farah Elmi were released on a cash bail of 1 million and the rest sh.100,000 pending hearing and determination of their criminal trial.

SONKO-I DID NOT VIOLATE MY BAIL TERMS BY NOMINATING DEPUTY GOVERNOR.

0

BY SAM ALFAN.

Nairobi Governor Mike Mbuvi Sonko has urged the court to dismiss application by Director of Public Prosecution Noordin Haji seeking to cancel his bail terms, for nominating a deputy governor.

The Governor vehemently denied allegations by the prosecution that his actions to nominate a deputy governor Anne Kananu Mwenda amounts in any way to interfering with the crime scene. He said he did not nominate the DG in his office at city hall or at a scene designated as the crime scene.

“I have fully obeyed and adhered to the set bail terms and purpose to do so until the hearing and determination of this case”, Sonko said.

While responding to the prosecution application, Sonko told the court that the bail conditions did not amount to, removing him or suspending him from performing his constitutional functions as the Governor of Nairobi County.

Through the Governor lawyer Cecil Miller, he stated that it would be unreasonable for the DPP to purport that the condition barred him from office is equivalent to his suspension, removal from office or to mean that the court barred him from completely exercising the constitutional and statutory functions of his office.

He said that since the ruling of December 11, 2019 where he was barred from his office, he has never interacted with the employees of Nairobi County or any witnesses.

Sonko added that his actions of nominating the deputy governor did not at all interfere with the evidence or any prospective witnesses.

He also added that the bail terms conditions issued against him by the trial court was to ensure that his relationship and any potential witnesses do not undermine the interest of justice and nothing has been alleged in the application that the trial court has been undermined or is threatened to be undermined whatsoever.

“On January 6, 2020, in exercising the constitutional duties of my office pursuant to Article 180(5) of the constitution, I did write to the speaker, Nairobi City County Assembly nominating a deputy governor and directing that the vetting process of nominee be undertaken pursuant to the provisions of section 8(1)(a) of the county Government Act 2013”, Sonko told the court.

The city boss further said that his decision to appoint the deputy governor does not in any way undermine his intended prosecution.

He further said performing such functions and enhancing service delivery to the public outweighs the contestation by the DPP in the high handed intention camouflaged and purportedly for public good.

He added that he is bound to perform his functions of the Governor which does not require his physical access to the office if the said functions can only be exercised by him as stipulated in the constitution and the county government Act of 2012 which provides that such functions are not to the extent that they breach the conditions set out in the bail terms.

“In fact, balancing public policy and public interest as while completing the fullness and intention of the constitution, more specifically the institution of Governor as intended by law and dedicated by the people of Kenya under Article 1, fulfilling the same cannot be equated to breach of law”, added the Governor.

He further said the reason for establishment of the deputy governor is to protect the public circumstances as those prevailing in the instant matter of Nairobi County.

He told the court that he is aware that already the county assembly in exercise of its powers has started deliberating on the deputy governor nominee suitability towards toward establishing the office to function at it`s fully capacity in order to serve public interest

NAIROBI DEPUTY GOVERNOR NOMINEE CHALLENGES MOVE TO BAR HER VETTING.

0

BY PHOEBE WANJOHI.

Nairobi County Deputy Governor nominee Ann Kananu Mwenda has moved to court seeking to overturn decision barring the Nairobi County Assembly from vetting her as the Deputy Governor.

In a certificate of urgency, Kananu states that she was nominated by Governor Mike Mbuvi Sonko on January 6, and the 60 days’ timeline, which is set by standing orders and guided by constitutional functions of the legislature expires on 5th March.
She said High Court judge Mumbi Ngugi directed the case to be mentioned on March 10, which might be too late.

Through her lawyer Joseph Kiarie, Kananu says that the review or setting aside will enable the county assembly to exercise its legislative function and run its legislative process within the ordinary safeguards of the separation of powers. “There is eminent danger after the lapse of the 60 days on 5th March.” Says Kananu.

In his affidavit, lawyer Kiarie said there is a constitutional timeline as to when the county assembly of Nairobi should vet the nominee for the position of the Deputy Governor.

He argues that the nomination and appointment of deputy governor is well guided by the advisory of the Supreme Court among other laws.

“The honourable Judge ought to have taken notice of the constitutional timeline and given a closer date to determine the matter.” He said.

He further said that on several occasions some cartels or malicious people have misled the media and purported that the vetting process is held pending the advisory from the Supreme Court but the top court has always corrected the untrue statements through press release.

“It is clear from the above that the Supreme Court has upheld its position to uphold the doctrine of separation of powers, it has declined to be used as an organ to interfere with other state organs powers.”

According to the lawyer, the County Assembly of Nairobi is a state organ that is protected by the doctrine of separation of powers and the court cannot interfere with its process that are properly guided by and within the law of land.

The lawyer claims that there is foreseeable danger upon lapse of the 60 days in the Nairobi City County noting its current date and prevailing circumstances of affairs within the county leadership.

The lawyer says due to the functioning of constitutional governance the court ought to have been guided by restrained limiting itself to intervention in requisite instances upon appreciating the prevailing circumstances in Nairobi City County, objective needs of the people of Nairobi and public interest.

“It is worthwhile to note that this honourable court and the entire judiciary has once again from past events been put to task to deliver to the people of Nairobi within the short time possible their deputy governor, an office that has been vacant since 12th January 2018. The court should also take corgnisance that the nominee has been cleared by all the other commissions pending vetting by the county assembly of Nairobi.”

CONSTRUCTION COMPANY LOSES BID TO BLOCK EACC TO INVESTIGATE ITS ACCOUNTS OVER WAJIR COUNTY.

0

BY SAM ALFAN.

A construction company has failed to block Ethics and Anti-Corruption Commission from investigating its bank accounts over allegations that it was among companies that had received more than Sh1.5 billion from Wajir County Government.

The anti-graft body had obtained orders to investigate the bank accounts held at Kenya Commercial Bank belonging to Fine Trust construction company limited Wajir branch.

Justice John Onyiego dismissed the application for lack of merit.

“I do not find merit in the application as no illegality, impropriety or incorrect acts were committed save for procedural technicalities which do not prejudice the applicants (Daayo Construction and General Supplies limited and Fine Trust Construction ltd) in anyway. Accordingly the application is hereby dismissed”, ruled the judge.

The judge added that an order seeking to vary the court order should have been placed before the same magistrate.

Judge Onyiego also said that the orders have already been executed and more cases filed for recovery of the assets hence it serves no purpose to quash them.

However, the judge directed that the warrants to inspect accounts the subject of the case are spent in so far as they had no limitation of time and the same shall not be used to access Daayo and Fine companies accounts involved in the proceedings.

The agency’s forensic investigator Onesmus Kantai had obtained orders to investigate , inspect and lift certified copies of account opening documents, original cheques ,deposits slips , payment vouchers , mandate cards, EFT instruction letters , disbursement authorizations, schedules and statements relating to the company.

The investigator was required to take certified copies of any relevant entries or matters in such books or any other relevant information in respect to bank account held at KCB’s, Wajir Branch from the period of January 1 ,2017 to July 15,2018.

The application was based on the allegations that EACC had information that the Wajir county government had transferred a total of 1.5 billion to various companies including Fine Trust Construction company limited.

The money was allegedly embezzled by County officials through various companies and some money were released as kickbacks.

Fine Trust construction company then challenged the orders by a Garissa Magistrate court on July 20, 2018.

Through it director Yasmin Jama Abdullahi , the company filed affidavit in support saying the orders were obtained irregularly through exparte application which is not provided for under section 180 of the evidence Act.

He added that no law provided for issuance of warrant to investigate accounts in the manner executed by the commission and urged the court to set them aside.

Several officials of Wajir county government and a Bank manager are currently facing a case before Milimani Anti-corruption case.

Early last year, Bank account of Daayo Construction and General suppliers were frozen pending investigation into purchase of two motor vehicle for Wajir Governor Mohamed Abdi.

High Court ordered the said company account at Kenya Commercial Bank Wajir branch be frozen for six months pending investigation on alleged misappropriation of money meant for purchase of two motor vehicles for Wajir Governor at a cost of 26 million.

The court also ordered account of Fine Trust Construction Limited at Kenya Commercial Bank Wajir branch frozen for six months.  12 million paid for the purchase of governor vehicle was transferred to the company.

Justice Hedwig Ong’undi further ordered Toyota Land cruiser  VX 8 LC 200 SERIES KCQ 004U should not be disposed of in any manner whatsoever for six months.

The Judge further ordered the said Governor’s Toyota Land cruiser  VX 8 LC 200 SERIES KCQ 004U be immediately placed in the custody of Ethics and Anti-Corruption Commission for inspection and valuation pending conclusion of the investigations.

WIN FOR DPP AS HIGH COURT REVERSES RULING ON DISCLOSURE.

0

BY SAM ALFAN.

High court has overturned decision by trial court compelling investigative agencies and prosecution to supply evidence per count on all corruption matters.

High court Anti-Corruption judge John Onyiego overturned ruling by Anti-Corruption Chief Magistrate Douglas Ogoti compelling investigators and DPP to ensure that disclosure in each prosecution file must be done count by count.

“The application herein succeeds and the orders regarding disclosure of evidence count per count is hereby set aside”, ruled Onyiego.

The judge in his ruling said that as it is now, the DPP cannot be questioned or challenged on the merits or sufficiency of evidence at the pretrial stage until full hearing is conducted and cross examination duly carried out and then determined by the court on whether there is case to answer or not.

He added that being aware Anti-Corruption matters are unique in nature, there is need for legislation to provide for special legislation process of prosecution including preliminary committal proceedings at the pretrial conference stage to determine on the cases worthy proceedings to full trial.

Ogoti had ordered prosecution to make disclosure in every file prosecution file and investigative agencies and the DPP to ensure that disclosure in each prosecution file must be done count by count.

He also ordered that all disclosure should be captured in an inventory to be signed by both parties prosecution and defence and filed in court, each item to be presented in the inventory singularly and the documents disclosed in such manner to have indexes paginated.

Aggrieved by the ruling, DPP challenged the decision in the high court .

He urged the court to reverse the Magistrate ruling relating to specific disclosure per account in the charge sheets.

However, prosecution application seeking for a bench to hear the matter was dismissed on the ground that it did not raise substantial question of law that could not be addressed by a single judge.

LOSS FOR FORMER ICTA TOP MANAGERS AS COURT FORFEITE MILLIONS BACK TO THE GOVERNMENT.

0
Former Director of Corporate Services Felix Obonsi Ongaga, former acting finance manager Daniel Stephen Ouma , former accountant Peter Mukangu Mwangi and and Bernard Nyariki Kebwage before Nairobi Anti-Corruption Magistrate Court Douglas Ogoti on Tuesday January 15,2019/PHOTO BY S.A.N.

BY SAM ALFAN.

Former top managers of Information and Communication Technology Authority (ICTA) have lost millions of money believed to be proceeds of crime obtained illegally from the employer.

This is after high court Anti-Corruption Court ordered money held in different accounts belonging to charged former ICTA directors to be forfeited back to the goverment.

Justice Onyiego ordered that shillings 4,828,114.80 million held at Equity Bank, shillings 384,402 held at standard chattered Bank and shillings 32,392.50 held at Equity bank belonging to former ICTA accountant Peter Mukangi Mwangi be forfeited to the state.

The court also ordered shillings 289,544.62 held in a bank account at Cooperative Bank upper hill branch and shilling 190,861 held at Family Bank city hall branch belonging to Daniel Stephen Ouma former acting manager to be forfeited to the government.

The court further ordered forfeiture of shillings 763,294.49 held in a bank account belonging former cashier Anthony Nyaga Mwagi to the state.

The court ordered the forfeiture to the government to be transferred in cash to the criminal Assets Recovery fraud.

The court forfeited the cash to the state after considering evidence presented before it by the Asset recovery agency which was not challenged.

“I am satisfied that the applicant has proven its case on a balance of probability and judgement entered in favour with orders declaring that the amounts listed herein against the respective bank accounts be and is hereby declared as proceeds of crime and liable to forfeiture to the state. ” Ordered the court.

The court noted that the fact that unlawful acquired proceeds or lawfully received amount of money but unlawfully spent with genuine money like salary does not cleanse the illicit money and it was clear there were monies credited to their accounts from ICTA which is not denied nor any explanation given on how that money was spent.

Court ruled that allegations by former ICTA officials that they are innocent until proven guilty does not discharge their responsibility to account for the money received from employer’s accounts.

“The claim by Felix Ongaga, Daniel Ouma, Peter Mwangi and Anthony Nyaga that monies in their accounts was out of their salary or proceeds of legitimate sources from business alone is not substantiated. ” Court ruled.

August 1, 2018, High Court stopped former top directors of Information and Communication Technology Authority (ICTA) from transferring 6.4 million from their bank accounts.

The then High Court Anti-Corruption Presiding Justice Hedwig Ong’undi barred former Director of Corporate Services Felix Obonsi Ongaga, former acting finance manager Daniel Stephen Ouma , former accountant Peter Mukangu Mwangi and cashier Anthony Nyaga Mwangi from transferring Kshs. 384,402.10 from his account at Standard Chartered bank Kenyatta Avenue in the name of Felix Obonsi Ongaga, Kshs. 289,544.62 account that belong to Daniel Stephen Ouma at Co-operative Bank upper Hill branch and Kshs. 190.861.22 in his account at Family Bank, two account for Peter Mukangu Mwangi Kshs. 4,828,241,60 held at equity bank and Kshs. 32,392,51 and Kshs. 763,294,49 for Anthony Nyaga Mwangi from Equity mama Ngina branch.

This after the Assets Recovery Agency filed a certificate of urgency seeking to block the four from transferring the amount in question from their accounts pending a joint investigations by the Agency and Director of Criminal Investigation.

According to affidavit by the investigating officer Isaac Nakitare, the investigation were lodged after after ICTA acting Chief Executive Officer Robert Kariuki Mugo suspect the fraud and theft of Kshs. 74,281,498,10 from ICTA bank accounts by the four employees
.
The said fraud from ICTA bank accounts is said to have started in the year 2016 where there was suspicious transactions of total of Kshs. 29,040,011 from ICTA Bank account.

Investigations has established that between 24 January to 6 of July, 2017, Felix Obonsi Ongaga and Daniel Stephen Ouma unlawfully authorized payments of 155.838,193,00 million from ICTA bank at Citi Bank funds which were withdrawn by Peter Mukangu Mwangi and Anthony Nyaga Mwangi and some of the funds were transferred to the respondents bank accounts.

The said investigations traced funds amounting to 6.4 million held in various bank accounts in the names of the four which were stolen from ICTA.

WIN FOR KTDA AS COURT DISMISSES SUIT BLOCKING DIRECTORS FROM OFFICE.

0

BY SAM ALFAN.

Newly elected directors of Kenya Tea Development Agency (KTDA) can now assume office after the High Court dismissed a case filed by three farmers.

In a judgment, High Court judge Weldon Korir said the petition had no merit as there was no constitutional questions to be examined. The Judge agreed with the agency that the company secretary had the mandate of setting election rules as well as appointing election officials.

Justice Korir said the rules were not only valid but continued to be valid for purposes of the election of the tea factory companies as well as the KTDA Holdings Limited.

“The powers of the company secretary are donated by the articles of association of the company to appoint election officials and formulate the rules of the election,” the Judge said.

Joseph Mwangi Mbote, Peterson Maina Gathua and Samson Mwangi Wairugu filed the suit against KTDA Holdings Limited and KTDA Management Services Limited KTDA in December accusing the company of unilaterally and without authority publishing an election procedure manual, to be used by tea factories for nominees.

The elections were held between October and November 2019 but the directors were stopped from taking office, pending the determination of the case.

The farmers also accused the Agency of breaching the practices and conducting zonal elections in October, a move they claim shielded some directors from the risk of losing directorship.

The trio challenged the rules under which the elections were conducted and questioned the mandate of the KTDA Company Secretary as the chief electoral officer. 

KTDA said the order blocking the directors had affected over 6,000 shareholders who exercised their right by electing the directors to represent them in their respective factories. He said the shareholders were condemned unheard.

the court heard that the petitioners were neither shareholders nor members of KTDA and had therefore lacked the right to lodge a petition or seek orders in the notice of motion before the court.

The judge said the farmers can raise the issue of election rules or any matter they felt aggrieved, during the annual general meetings.

Justice Korir further said the issues that were raised were matters that ought to be handled internally by the respective tea factories, because each of the factories have their internal dispute resolution mechanisms.