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MAN PURPORTING TO BE VETERAN’S LAWYER ASSOCIATE CHARGED.

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BY NT CORRESPONDENT.

A man has been charged before a Nairobi court with impersonation of being a partner of veteran lawyer John Khaminwa.

Nazir Bhadurali Nurmohamed Jinnah appeared before Milimani Resident Magistrate Muthoni Nzibe and pleaded not guilty.

Nurmohamed is accused that between the year 2013 and 2017 in Nairobi county with intent to defraud Harbas Singh Birdi falsely presented himself to be an advocate of the high court as an associate of Khaminwa & Khaminwa advocates.

Prosecution accused Nurmohamed that on August 6,2014 in Nairobi county with intent to defraud and without lawful authority made a letter for sale of property in Nyari addressed to Harbans Singh Birdi purporting it to be genuine letter written and issued by the firm of Khaminwa & Khaminwa advocates.

Prosecution further accused him that on June 30,2020 within Nairobi county with intent to defraud and without lawful authority made a statement of account-direct consultant & partner billings for sunny Birdi Singh purporting it to be genuine statement made and issued by the firm.of Khaminwa.

He was released on a bond of shilling 100,000 or alternative cash bail of Ksh 50,000

HIGH COURT REDUCES FORMER KRA MANAGER CASH BAIL FROM SH15 MILLION TO 3 MILLION.

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High Court has set aside decision by trial court to release former Kenya Revenue Manager and his wife on a cash bail of Sh 5 million and bond of 10 million.

Justice Mumbi Ngugi reviewed the bail terms imposed on Joseph Chege Gikonyo, Lucy Kangai Stephen and their company Giche Limited from Sh15 million to 3 million.

The family could have paid total cash bail of Sh15 million or bond of sh38 million to secure their freedom.

The judge directed the two to be released on a cash bail of kshs. 1 million or a bond of Kshs.2 million with one surety of the same amount each.

“Taking the constitutional and statutory factors into consideration as well as the personal circumstances of the applicants, I am satisfied that the interests of justice demands a review of the bail terms imposed on them”, ruled the judge.

But the accused should deposit their passports as ordered by the trial court.

The husband and wife were charged with failure to pay amounting to Sh38.6 million and pleaded not guilty to the charge.

They appeared before Milimani Anti-Corruption Chief Magistrate Lawrence Mugambi and were released on a cash bail of Kshs. 5 million and bond of 10 million.

They were accused that on diverse dates between the year 2010 and 2015 in Mombasa county, being directors of Giche Limited failed to pay to Kenya Revenue Authority tax amounting to Kshs 38,692,694 arising from the company’s taxable income and accrued penalties.

Aggrieved by the trial court decision, they moved to the high court seeking review of the bond terms imposed on them by the Anti-Corruption court.

They argued that the cash bail of 5 million for each of them is unreasonable and couldn’t afford to pay such amount to secure their freedom pending trial.

The couple further argued that the imposition of cash bail of 5 million for each accused persons which amounts to 15 million to secure their release on a collective charge of Kshs 38 million was excessive , illogical, absurd and amounts to unfair and unreasonable administrative action.

KQ PILOT CHARGED WITH SH250 MILLION KAREN LAND FRAUD.

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BY NT CORRESPONDENT.

Kenya Airways pilot has been charged with shilling 250 land fraud and forgery.

Eric Agolla Lugalia appeared before Milimani Resident Magistrate Muthoni Nzibe and denied several charge’s against him.

Agolla is accused that on unknown date and place in Kenya jointly with others not before court with intent to defraud Stuart Gerald Cullinan Herd of a parcel of land situated in Karen along Bogani road measuring 1.970 hectares valued at approximately shilling 250 million made a certificate of title dated August 2,2005 purporting it to be genuine certificate of title issued by the ministry of lands a fact he knew was false.

Agolla is also accused jointly with others not before court with intent to defraud Cullinan of a parcel of land situated in Karen along Bogan road measuring 1.970 hectares , forged a signature of Peter Mburu Ng’ang’a on a certain document namely certificate of title entry No.4 dated March 17,2015 purporting it to be genuine entry signed by Peter Mburu Ng’ang’a a registrar of titles at Ardhi house in Nairobi.

Prosecution accused the pilot that on unknown date and place jointly with others not before court with intent to defraud Cullinan a parcel of land in Karen , he forged a signature of Jonathan Kipkemboi Toroitich on a sale agreement dated January 15,2015 purporting it to be a genuine transfer documents signed by Toroitich.

He is further charged with forgery if an instrument of transfer of land IR No. 99256 and LR No. 1160/308 dated March 12,2015 purporting it to be genuine transfer document attested by Sonye J. Ondari an advocate of high court.

He was released on a bond of shilling 300,000 or alternative cash bail of 150,000 pending hearing and determination of the fraud case.

LANGATA HOSPITAL LABORATORY TECHNICIANS CHARGED.

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BY PHOEBE WANJOHI.

Four Langata Hospital medical laboratory technicians have been charged with stocking expired medical laboratory reagent.

Ashoke Singh Matharu , Mufaddal Ammar Hassamje , Herbert Cheruiyot Charles and Beatrice Awino Ayoga appeared before Milimani Resident Magistrate Sikian Tobiko and denied the charges.

Prosecution accused the four that July 8,2020 at Langata Hospital along Langata road in Nairobi county with others not before court were found stocking expired medical laboratory reagent bilirubin (T), combi 35, AST GOT , Actone , Area Bun/UV , Magnesium, Trigs , Ezcel among others against laboratory technicians and technologists Act.

The four accused are also accused that on July 8,2020 at Langata Hospital laboratory along Langata road in Nairobi county with others not before court were found using expired biosystem Bilirubin (Total) , biosystem AST/GOT , biosystem bilirubin (direct) , against medical laboratory technicians and technologists Act.

Singh and Ammar were released on a cash bail of Ksh 50,000 while the third and fourth were released on a cash bail of Ksh 100,000.

OMTATAH WANTS 41 JUDGES APPROVED BY PARLIAMENT.

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BY SAM ALFAN.

Activist Okiya Omtatah now wants the court to compel President Uhuru Kenyatta to present the names of 41 judges forwarded to him by Judicial Service Commission to Parliament for appointment.

In a petition, Omtatah wants the Employment and Labour Relations court to compel President Kenyatta to immediately present names to the national assembly. The names were forwarded to President Kenyatta in August last year, but he has refused to formally appoint them sparking a row between him and Chief Justice David Maraga.

Omtatah also wants the court to make declaration that President Kenyatta is under constitution obligated to present the names recommended for appointment as judges.

He is seeking a declaration that the labour court has exclusive jurisdiction over all disputes concerning the recruitment and appointment or employment of all state officers including judges of the superior courts.

The activist has accused the President of administrative failure by failing to act, a move he says contravenes the bill of rights to the extent that it violates articles 47 (I) of the constitution which provides that every person has the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair.

He also claims that the President’s failure violates article 129 of the constitution on the principles of executive authority which provides that executive authority derives from the people of Kenya and shall be exercised in accordance with the constitution and in a manner compatible with the principle of service to the people of Kenya and for their well-being and benefits.

He adds that the President’s failure also violates article 131 (2) (a) which states that the President shall respect, uphold and safeguard the constitution.

Omtata adds that the president has no room to make the appointment in an opaque and unaccountable manner by side stepping Parliament which represents that people through their representative and must have a say in the appointment of the judges.

“Since the 41 judges are assuming a state office and a the are supposed to be appointed by the president and article 132 (2) (f) requires that the person to be appointed must be approved by the national assembly and the president has an obligation to present their names to the National assembly for approval.

Omtata is aggrieved that close to one year later since the JSC recommended the 41 names for appointment as judges of the superior court, the President has failed or refused and/or neglected to present them to the national assembly for vetting and approval for appointment as required by law.

He also says that the appointment by the President of state officers such as that of judges in issue is not an event and a mere formality, it is an obligatory detailed and hallowed process involving the vetting and approval of prospective appointees by the national assembly.

“It is my case that the president has failed to act within reasonable time in the performance of a critical constitutional function as required by the constitution,” claims omtata

Omtata argues that the constitution vest jurisdiction of employment and labour relations court to hear any question regarding the violations of labour rights and work place disputes determine of the act or commission are constitutional and the interpretation of the constitution including questions of contradict between any law and the constitution to protect the constitution from any threat or violation.

He further states that a judge of a superior court is a public officer classified by the constitution as a ‘state office’.

“The fact that as state officers judges are employees is supported by article 77 (I) of the constitution which restricts the activities of state officers as regard ‘other gainful employment’, using the following words ” a state officer shall not participate in other gainful employment, ” argues Omtata.

He further argues that a state officer such as that of a superior court is one of gainful employment or employment for profit (remuneration is a charge on the conditional fund) and once a person secures such employment, the holder of the office is not permitted to participate in other gainful employment or any other employment for profit whether public or private.

Omtata says that under the constitution, the appointment of a judge is an ordinary employment process because the office is a state office whose remuneration is a direct charge from consolidated fun

COURT BARS EACC FROM SEARCHING OR EVALUATING SONKO’S PRIVATE OFFICE PROPERTY IN UPPER HILL.

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BY SAM ALFAN.

Ethnic and Anti-Corruption Commission (EACC) has been barred from interfering with a property that houses Governor Mike Sonko’s private office.  

Chief Magistrate Martha Mutuku issued the order barring the commission from conducting valuation on the property in Upper Hill area, Nairobi.

“The order issued on June 23 including any further implementation or execution of the said order in the interests of Justice and fairness is hereby stayed”, ruled the court.

The court further suspended notices dated January 28, issued by EACC to interested parties, who have a link to the property.

Primix Enterprises limited moved to court seeking to suspend the order issued by the magistrate on June 23, allowing the commission to search the property.

The company through lawyer Harrison Kinyanjui urged the court to suspend the order in the interest of justice, pending hearing and determination of the case.

“The court be pleased to suspend or stay the notices dated January 28,2020 issued by the Ethics and Anti-corruption commission to interested parties pending hearing and determination of the case”, the company urged.

Primix also urged the court to issue an order unconditionally rescinding, setting aside and discharging the said order.

The company also sought an order restraining the commission and one Christine Nthiga or any person acting through them from searching, seizing, detaining or in any way restraining the company from it property.

Kinyanjui told the court that as the time of the issuance of the order on June 23, there was no evidence at all before the court demonstrating fraud, alleged collusion the company’s association in any criminal activity.

“The diverse orders of the June 23, issued ex-parte are unlawful based on the fact that no reason was given for their issuance. The said orders are unconstitutional as they arbitrarily deprive the company of their right to property”, Kinyanjui told the court.

He added the commission when obtaining the order, it failed to disclose full material facts regarding the sale transaction subject of investigation.

Kinyanjui further told the court that, the commission application dated June 24 was brought in bad faith , mischievous and maliciously in that the transactions leading to the sale of the property subdivided from LR NO. 209/6507 matumbato upper hill were above the board and due process was followed.

The court also heard that the offices of Primix Enterprise limited are not situated in Nairobi county upper hill matumbato road as alleged in the said application and the subject property was duly valued before the sale transaction commenced and valuation reports are available to the EACC.

“The respondent had already engaged the vendor of the property and already begun on the process of jointly valuing the subject property and were only meant to finalize the process hence no need for the orders requiring valuation of the property”, added Kinyanjui.

In a supporting affidavit, Primix Enterprise limited director Primrose Nyamu told the court that the company entered into agreement for sale with the registered trustees of Kenya Railways Staff recruitment benefits scheme for the sale of portion of the land measuring 0.2025 of a hectare to be exercised from LR NI. 209/6507 in the proposed subdivision of Matumbato road, upper hill in Nairobi.

Primrose told the court that the execution of the sale agreements was competitive tendering process where KRSRBS invited entities to tender for the sale of the said property and pursuant to the invitation for the tender for the sale of the property of aforesaid parcels of land made a bid for the purchase of the property which bids were successful and consequently the bid was accepted by the seller.

Primix entered into the sale agreement after conducting proper due diligence and establishing KRSRBS board had vide its resolution dated October 4,2017 resolved to sell the subject parcels of land.

“A valuation of the subject parcels of land had been undertaken and a valuation report prepared to that effect. The value of the parcel of land as indicated in the valuation report formed the basis of the consideration of the sale agreements executed between the respondent/applicant and KRSRBS”, company told the court.

She reiterated that the purchase of the portions was above the board and all the procedures were adhered to and there were no irregularities at all as alleged by the commission.

On June 23, EACC write a letter addressed to KRSRBS requesting for assistance in the finalization of the physical inspection and valuation of the subject parcels and this conduct by the commission shows malice and mischief on its part as valuation of the subject parcels had already been done and all they would have asked for is a valuation report.

To further evince the malice and mischief on the part of the commission, it can be noted that the said letter dated June 25 from the commission was done two days after the commission had obtained the order to carry out the valuation if the property subject to alleged investigations.

Directors of Primix Enterprise limited have never been summoned by the commission to record any statements regarding the sale of the subject parcels or to shed right on the procedures adopted by the parties to the sale transaction prior to the he sale..


TANZANIAN DENIES BID TO STEALSH5 MILLION FROM KEBS.

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BY SAM ALFAN.

A Tanzania national has been charged with attempts to steal over Sh5 million from the Kenya Bureau of Standards.

John William Mangesho appeared before Milimani Resident Magistrate Sinkian Tobiko and denied the fraud charges.

Mangesho who is allegedly married to June Munala, a woman working with the United Nations is charged with attempted fraud by unlawfully accessing the official email accounts of Kenya Bureau of Standards and NSSF.

It is alleged that he attempted to divert payments of Sh 5,490,041.40 that were due for the Kenya Bureau of Standards from the said NSSF to Kenya Commercial Bank, Kipande house Branch account number 1240193467.

The accused is alleged to have committed the offence on diverse dates between April 27, and May 13, 2020 at an unknown place within the Republic of Kenya jointly with others not before court, by use of electronic means.

The prosecution had objected his release on bail on grounds that no proof of his nationality and that he was a flight risk.

The court further had that the accused has no family ties in Kenya as alleged and the woman he claimed to be his wife, had not been identified.

His lawyer objected the application saying that his client is married to Munala, senior protection officer, UN in Switzerland but currently residing in Nairobi.

In her ruling, Tobiko said the reasons tabled by prosecution are not sufficient grounds to warrant denial of his bail.

The magistrate noted the said documents had not been asked for and said that information would have been availed had it been requested during investigations.

He was released on a cash bail of Ksh500,000 or alternatively bond of Sh 1 million with one surety of a similar amount to secure his release pending the hearing and determination of the case.

The case will be mentioned on July 22.

KENYATTA MEDICS DENY FORGING COVID-19 CERTIFICATE.

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BY PHOEBE WANJOHI.

Two Kenyatta National Hospital (KNH) nurses attached to the Infectious Disease Unit (IDU) have been charged with making forged Covid-19 patients test reports.

Samwel Shikanda Alukwe Omumi and Deleven Enock Moses appeared before Milimani Resident Magistrate Sikiyan Tobiko and denied the charges.

The prosecution alleged that on July 5, while at the IDU unit in Mbagathi hospital, jointly conspired to forge Covid-19 patients test reports.

Enock is also charged that on July 6 at Highrise Estate in Ngumo location within Nairobi county knowingly and fraudulently uttered a forged Covid-19 patients test report to Samwel Shikanda Alukwe, purporting it to be genuine Covid-19 patients test report from KNH.

Enock is facing several counts of making forged Covid-19 patients reports to different people purporting it to be a genuine covid-19 patients test from Kenyatta national hospital.

They were released on a cash bail of Sh100,000 pending hearing and determination of their trial.

WAKHUNGU PLEADS TO BE RELEASED ON BOND CITING ILL HEALTH.

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BY SAM ALFAN.

79-year-old Grace Wakgungu who was jailed last month for stealing Sh313 million from a state agency has sought to be released on bond, pending hearing and determination of her appeal.

Through veteran lawyer Paul Muite, Wakhungu also wants the court to direct the officer in charge of Lang’ata Women Prison requiring a government geriatric and psychiatrist to examine her and file a report on her physical and mental health.

“If the appellant’s condition is not professionally assessed and the appellant be released on bond during the pendency of the appeal, her physical and mental health stand a risk of permanent deteriorating which cannot be remedied by any relief,” Muite told the court.

Justice John Onyiego certified the application urgent and directed him to serve the DPP within five days.

Muite SC told the court that the appeal has overwhelming chances of success for the reasons that the trial court convicted Wakhungu without finding guilt on her part.

“There is an apparent absence of proof of the prosecution’s case on all counts beyond reasonable doubt and burden of proof was shifted from the prosecution to the accused persons in the criminal trial,” Muite submitted.

Wakhungu adds that the trial court imposed an unlawful or harsh sentence guided by extraneous considerations.

In the appeal, she argues that the trial Magistrate Elizabeth Juma convicted her in inspite of failure of a material witnesses testifying. This was after the court disallowed an application by the Director of Public Prosecution to bring an extra-witnesses to rebut the defense.

“The conviction and sentencing of the appellant for an offence of uttering was made in the absence of evidence of a forensic document examiner. In a case where it was claimed that an invoice had been uttered and she was punished for an offense for which the third accused has been punished amounting to double jeopardy,” added Wakhungu.

Muite told the court that due to the medical conditions of 79 year old Wakhungu, there is likelihood that she has not been in a proper mental state, let alone the physical one and may have been unable to stand trial and understand the nature and consequences of the proceedings as contemplated.

Muite further stated that during the trial, Wakhungu displayed traits such as difficulty in concentrating, anxiety, long-lasting sadness and other signs of inferior mental health.