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OMTATAH CHALLENGES WAIVER GRANTED TO NIC-CBA MERGER.

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Human Rights activist Okiya Omtatah.

BY SAM ALFAN.

Rights activist Okiya Omtatah has petitioned the High Court to quash irregular waiver granted by Kenya Revenue Authority to NIC Bank PLC and Commercial Bank of Africa ahead of its merger.

The activist wants the court to issue temporary order of injunction prohibiting KRA from giving effect to legal notice notice No. 112 of 26 June 2019 pending hearing and determination of the petition.

Omtatah urged the court to suspend the implementation of legal notice No. 112 of 26 June 2019 pending hearing and determination of the case.

According to the court documents, taxpayers will loose about Sh350 million tax revenue that would accrue to public coffers.

Omtatah revealed that the impugned waiver was granted on July 26, but was announced to the public on Sunday August 18.

He termed the move as irregular, unlawful, unconstitutional and null and void.

“Kenya will suffer great loss and damage since the tax waiver will be implemented”, Omtatah said.

He argued that the decision by KRA to exempt the instruments executed in respect of the transactions relating to the merger of NIC Group and CBA from tax should not be allowed to stand.

MAN CHARGED WITH ILLEGALLY ACCESSING FAMILY BANK’S SYSTEM, STEALING.

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Geoffrey Oduor Ojow alias Jojo Odukuzi alias Jeff Mzee before Milimani Magistrate Court on Thursday August 22,2019./PHOTO BY S.A.N.

BY NT CORRESPONDENT.

A man has been charged with unauthorized access to Family Bank Limited network system.

Geoffrey Oduor Ojow alias Jojo Odukuzi alias Jeff Mzee appeared before Milimani Senior Resident magistrate Zainab Abdul and pleaded not guilty to the charges.

Oduor is accused of willfully and unlawfully remotely gaining access to the network system of the Bank, thereby infringing on the information security measures.

He is also accused of willfully gaining access to the network systems to with the aim of stealing from Family bank. The court heard that he committed the offences on diverse dates between November 1, 2018 and January 20, 2019 at unknown place in the country.

Oduor was released after posting cash bail of Sh300,000 or an alternative bond of Sh500,000.

The case will be mentioned on September 5 and the hearing set for September 26.

KEROCHE SAYS PLANNED CHARGES AIMED AT EMBARRASSING THEM. DENIED BAIL.

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Keroche Breweries biss Tabitha Karanja and chairman Joseph Karanja.

BY SAM ALFAN.

High Court has decline to grant anticipatory to Keroche Breweries Limited bosses pending prosecution over 14 billion tax evasion charges.

This is after Keroche Breweries Limited owners moved to court seeking to be admitted on bail, even after they were arrested over allegations of Sh14 billion tax evasion claim.

Tabitha Karanja her husband Joseph Karanja and Keroche Breweries Limited filed the case under certificate of urgency, seeking to be released on bail pending their appearance in court over any criminal proceedings against them.

“This court be pleased to release the applicants on their execution of bond for their appearance upon institution of any criminal proceedings against the applicants in respect of the said allegations,” the argued in the court documents.

They claim that they have been subjected to untold mental and psychological anguish and torture hounded by a press statement released by the Director of Public Prosecution on August 21 directing that they be charged for alleged for alleged tax fraud of Kshs. 14,451,826,375.

In the court documents, Tabitha and the husband claimed that the decision by DPP is irrational, malafides and unfair on the account of being abrupt and made without seeking statement from them to give their side of story.

The documents added the claims targeted natural persons on matter relating to a corporate body that has distinct personality, thus Keroche Breweries.

They termed DPP move discriminatory and aimed at embarrassing them because the company has many directors.

Tabitha and Karanja claim that the tax dispute between Keroche Breweries and Kenya Revenue Authority is pending before Tax Tribunal. The cases- Keroche Breweries limited vs Commissioner for Domestic Taxes Kenya Revenue Authority tax appeals No. 214, 38, 97, 137, 138, and 139 of 2017, was mentioned on May 8, 2019 where parties were urged to put in their submissions and notice for the date for highlighting submissions.

Tabitha and Karanja are apprehensive that the 1st Respondent’s officers acting under its instructions intend to ambush them with arrest and hoist them into court on trumped up charges which is aimed at harassing, humiliating and disparaging the Applicants in utter violation of their rights under Articles 28 and 29 of the Constitution.

There is presently a high likelihood that the Applicants’ fundamental rights and freedoms will be breached by the Respondents, who are the very same organs of the State supposed to protect the Applicants’ rights”, Tabitha claimed.

They claim DPP will subject the them to inhumane and degrading treatment by arresting them and hauling them to Court for an offence they know nothing about and for which they have continuously co-operated with Prosecution and they are reliably informed that there is a deliberate scheme to keep them in custody for long to silence them.

They told the court they are ready and willing to avail themselves for any intended criminal proceedings as and when directed, but are apprehensive to do so under unclear circumstances when they do not know what the 2nd Respondent might do in the cover up.

“It is therefore in the interest of justice and fairness that the prayers sought be granted as the Applicants have undertaken to abide by the Honourable Court’s conditions”, claim Tabitha in the court paper’s.

I SACRIFICED A LOT FOR OUR MARRIAGE, KITANY SAYS.

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Meru Senator estranged wife Marrianne Kitany with her lawyer Danstan Omari outside Milimani Commercial court building after the hearing of the divorce on Wednesday August 21, 2019./PHOTO BY S.A.N.

BY SAM ALFAN.

Meru Senator Mithinka Linturi and his estranged wife Marrianne Kitany sacrificed a lot for the sake of their love.

Testifying in divorce proceedings, Kitany said was forced took partake Miraa, something she had not tasted before, while Linturi drunk sour milk, as part of celebration their union. This was done in April 16, 2014 when Linturi and his relatives visited Kitany’s Nandi home for dowry negotiations.

“He took Mursik even though he does not love the milk he had to take that day,” she told the court.

Describing to the court on how the ceremony was done, the former DP Ruto chief of staff said Linturi paid Sh100,000 as dowry and wondered how a marriage certificate indicating Linturi was married to one Mercy Kaimenyi only came up during the divorce proceedings.

“I got to see this document (marriage certificate) in January this year when he was responding to my petition,” she said.

While questioning the validity of the marriage certificate, Kitany said that there are many vital information missing in the marriage certificate.

The court was told that Linturi confirmed to Kitany’s relatives and close friend that he divorced all his three previous women, including Mercy Kaimenyi.

Kitany told the court that Linturi had informed her that he was single and available having divorced three wives; Susan Gacheri Kimani, Mercy Kaimenyi and Hellen Mumbi Kariuki: “I came in as the fourth wife,” she added

On the dowry payment, the court was told that Linturi gifted the mother a Nissan X-Trail, registration number KCG 850N Silver.

However this car has never been transferred to the mother, with the court been told that the car is under Atticon Company, a company belonging to the senator.

Admitting to the court that Linturi “tickled” her heart, Kitany said that Linturi was very eloquent and had no problem of speech. Did Linturi’s talk made you happy? Lawyer Omari paused a question to Kittany. “He was not under any duress during the negotiations,” said Linturi.

She added that she cooked good food for Linturi ,took very good care of him and performed all her mandate as wife to the senator.

Kitanny told the court that Linturi told her according to the tradition his parents could not attend because they had already gone to another woman’s home for dowry payment.

Earlier Kitany told the court how he used her own money to build her parents in law a house. The court was told that Kitany used a whopping Sh8 million to build them the house.

“The home, total cost together with the furnishing it was 8 million shillings …I build the home for my husband’s parents,” she said.

Apart from the home, Kitany used millions of shillings in funding the construction of the homes in Runda in Nairobi and house in Meru County.

Kitany helped built the palatial home in Runda which Linturi claims is his. She also used sh26 million from her pocket to renovate Linturi’s Meru home

She said she took care of Linturi’s kids like her own, she became a mother to those kids and a wife to Linturi.. She made sure the senator was well groomed, ate good food and used her resources to boost his businesses… Well, they say understanding a woman is complicated but I think understanding a man is more complicated.

She went ahead to reveal how she pumped her money into the Atticon business which she was managing after she left the office of the Deputy president as chief of staff.

At one point the court was told that Linturi was unable to pay for his own house rent in Ngong Road which she also helped to pay adding that she did that as a girlfriend and knew the relationship would go far.

I came to learn later that he had rent arrears and I assisted by paying…he asked for some money to pay rent and much later I got to see letters from the landlord. I gave him 200,000 shillings,” said Kitany.

Meanwhile an application has been made by Kittany’s lawyer seeking to have the DCI, registrar of marriage, companies and birth to appear in court so as to verify the documents produced in the court.

Hearing will proceed as Kitany will continue narrating to the court about their traditional marriage with the senator of Meru County.

 

LINTURI WAS WITH KITANY WHEN HE FAILED TO TABLE MOTION TO IMPEACH WAIGURU.

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Former Deputy President William Chief of Staff and wife to Meru Senator Marianne Kitany testifying in a divorce on Wednesday August 20,2019./PHOTO BY S.A.N.

BY SAM ALFAN.

The estranged wife of Meru senator Mithika Linturi has told a Nairobi court that she was already a millionaire when she married the legislator.

Giving her testimony in divorce proceedings she has filed Marianne Kitany said she made about Sh50 million between 2004 and 2007 by trading in shares. She said she met Linturi as she worked as the chief of staff at Deputy President William Ruto’s office. Then, the Senator was renting a house on Ngong Road, while she was residing in Kileleshwa.

He further revealed that Linturi was with her in Naivasha, when he was expected to table a motion seeking the impeachment of Cabinet Secretary Anne WaigUru. She said they spent a night at Sopa lodge and introduced Linturi to his siblings.

“We were in Sopa lodges while parliament was going on. Our relationship started going because the public felt that I had given him money to sponsor the motion,” she said.

The 44-year-old Kitany further said that on that material day when the legislature was expected to table the motion, he went missing.

Linturi had filed a petition seeking the removal of Waiguru from office for transferring Rugut from NYS.

Kitany said decision to take the lawmaker to Naivasha was a well calculated move that was planned by a team from the president and the Deputy Presidents office.

Asked by her lawyer Danstan Omari whether she can identify her husband, Kitany pointed at Linturi who was following the proceedings.

Kitany further revealed to the court how Linturi moved into her house in Kileleshwa.  She said that when they were dating Linturi used to stay in a rented house called Bitha homes –a four bedroomed house and Kitany was living in Kileleshwa.

“We came back to Nairobi and slowly by slowly he started coming to Kileleshwa for sleep over. He would stay for days and finally he started living with me in Kileleshwa,” she said.

Kitany drew a picture of how she started earning and investing immediately after high school at Alliance Girls School.

She bought her own house in Komarock at the age of 21 and later on while in college she had a business. She testified that she bought shares in Mumias Company and Safaricom and KenGen among other companies painting a picture of how she started earning and getting her millions.

The court heard that Linturi he introduced his children to Kitany. Asked by her lawyer which role she played, she answered that she became their mother and took care of the children.

“I became their mother and I took care of them …made sure they went to school.” she testified.

She disputed the allegations made by the senator that she was a visitor.

The hearing continues tomorrow.

ACCOUNTANT DENIES THEFT OF OVER SH14 MILLION.

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Senior accountant at Liquid Telecommunications Kenya Limited Grace Ndanu Hassan before Milimani Magistrate Court on Tuesday August 20,2019./PHOTO BY S.A.N.

BY NT CORRESPONDENT.

A senior accountant at Liquid Telecommunications Kenya Limited has been charged with conspiracy to defraud the company of over Sh14 million.

Grace Ndanu Hassan appeared before Milimani Chief Magistrate Francis Andayi and pleaded not guilty to the charges.

The accountant was accused that on diverse dates between April 26 and May 30 ,2018 at liquid Telecommunication Kenya Limited head offices in Nairobi, jointly with others not before court, with intent to defraud conspired by pretending that disbursements to a vendor by the name Avedi Enterprises limited were genuine.

It is alleged that they claimed to be unable to withdraw, deposit and transfer funds to whosoever would remit to them Sh14,185,803.37 the property of the said Liquid Telecommunication.

Ndanu is also accused on the same dates at the company’s headquarters in Nairobi being accountant jointly with others not before court stole over Sh14 million the property of the said company.

She also accused of making a false entry  in an QCCPAC system in the name of Avedi Enterprises Limited purporting to show that on the said dates  Kshs. 14,185,803.37 had been credited in the said account.

She was released on a cash bail of Kshs. 500,000 and alternative bond of 1 million pending hearing and determination of the criminal trial.

NDOLO RELEASED ON BAIL AFTER DENYING CHARGES.

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Former Makadara Member of Parliament Reuben Ndolo with his lawyer at Milimani Law courts building on Tuesday August 20,2019./PHOTO BY S.A.N

BY NT CORRESPONDENT.

Former Makadara Member of Parliament Reuben Ndolo has been released on a cash bail of Sh200,000 after denying charges of creating disturbance and threatening to kill.

Ndolo appeared before Milimani Chief Magistrate Martha Mutuku who ordered him to appear in court today after he failed to turn up on Monday, when his co-accused were charged. He claimed he was unwell.

The charges against him state that on August 17 at Bustani Garden along Ole Dume road in Nairobi, he created disturbance in a manner likely to cause breach of peace by forcefully breaking into the gates of Bustani garden.

He is alleged to have intimidated and commanded the security guards to walk out of their working premises at the Gardens.

The former lawmaker faced a second count of threatening to kill where he allegedly uttered words if threatening to kill Rashid Hamid, the Director Richland Properties Limited.

He is charged alongside Daniel Otieno Juma, George Otieno, Cyrus Nyamboga Gichana, Bernard Ochieng Andai, Dick Otieno Ombaka and Hassan Dima Wario. The six denied the charges on Monday.

The case will be mentioned on September 3 while the court fixed for hearing for November 2, 2019.

TWO WOMEN, TAX DRIVER DENY STEALING FROM PATRON AFTER DRUGGING HIM.

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Taxi driver Patrick Kihara, Peninah Afandi and Everylne Esendi before Milimani Chief Magistrate Court on Monday August 19,2019.

BY NT CORRESPONDENT.

Two women have been charged before Milimani Magistrate Court with administering a stupefying drug to a businessman.

Peninah Afandi, Everylne Esendi alongside a taxi driver appeared before Milimani Chief Magistrate Martha and pleaded not guilty to the charges.

Afandi and Esendi are accused that on August 11, 2019 at unknown place in Nairobi administered a stupefying drug to Arthur Gakuya.

The two together with a taxi driver  Patrick Kihara are accused on the same day at unknown place in Nairobi  jointly stole Sh10,000 , a Techno canon pro mobile phone valued Sh24,000, a wrist watch valued Sh5,000  Cooperative Bank of Kenya ATM card and Equity Bank ATM card property of Gakuya.

The three were also charged that in August 11, at Equity Bank ATM, KNUT house branch in Nairobi, jointly stole Sh20,000 from Gakuya.

They were released on a cash bail of Kshs. 300,000 and a bond of 500,000 pending hearing and determination of the case.

BILLIONAIRE DENIES TAX EVASION CHARGES AMOUNTING TO SH41 BILLION.

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Embattled billionaire Humphrey Kariuki with Stuart Gerald before Milimani Chief Magistrate Court where they pleaded not guilty to the charges on Monday August 19,2019./PHOTO BY S.A.N.

BY SAM ALFAN.

Business tycoon Humphrey Kariuki has finally presented himself in court this morning after many days of playing hide and seek with the DCI.

The businessman who holds dual citizenship, Kenyan and Cyprus appeared in court this morning to answer to 21 charges in relation to tax evasion of over Sh41 billion.

Kariuki and directors of Wow Beverages and Africa Spirits are accused of deliberately failing to pay taxes of Ksh.17,782,553,085 payable to the Commissioner Domestic taxes, as required by the law.

He is also accused of omitting from the return of income of Africa Spirits limited an amount of Ksh.2,022,340,210 payable to the commissioner Domestic taxes thereby affecting tax liability.

In total Kariuki faces 21 counts on counts related to tax evasion, fraud, being in possession of un-customized goods and aiding the commission of a tax offence. He denied the charges before chief Magistrate Francis Andayi at the Milimani Law Courts.

Kariuki’s lawyer Kioko Kilukumi submitted that the accused person be released on reasonable bail terms as it was his constitutional right. He said there were no compelling reason from the prosecution to deny him bail.

Kilukumi added that his client learnt from the media that summons had been issued and as a result he travelled back to the country to plead to the charges.

The prosecution pleaded with the court to detain the Businessman for one day, as they verified from his passports whether there are any exit or entry stamps. This, the court hear, will enable the prosecution know whether he is a flight risk or not.

However Kilukumi termed the submission by prosecution as malicious and abuse of prosecutorial powers. “All that can be done in hours without taking away the liberty of the accused person,” he said.

In his ruling, Andayi stated that Prosecution has not tabled any evidence or documents to show they needed more time to verify the passport. “It will be discriminatory to treat the 1st accused person differently therefore the court finds no good reason to detain the accused person, “said Andayi.

Kariuki was however ordered to appear before DCI within six hours after his release for processing. He was ordered to deposit cash bail of Sh11 million to secure his release.

Earlier, the other accused were charged and denied the charges.

RELIEF FOR SLUM RESIDENTS AS SONKO OBTAINS ORDERS STOPPING MUKURU KWA NJENGA EVICTION.

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Nairobi Governor Mike Sonko with his lawyer Harrison Kinyanjui at Milimani Law Court after court set aside orders to evict over 10,000 families of Mukuru kwa Njenga.

BY SAM ALFAN.

A Nairobi court has suspended an order for the eviction of more than 10,000 residents of Mukuru Kwa Njenga in Embakasi dealing a blow to Orbit Chemical Limited.

Milimani Senior Resident Magistrate G. Mmasi set aside the eviction order after Nairobi Governor Mike Sonko moved to challenge the planned eviction, arguing that the company together with Zacharia Baraza, who trades as Siuma had already brought bulldozers and earth moving machinery, ready to demolish the structures.

And after hearing the application by Sonko, the Magistrate said, “The order made on January 14, 2019 and issued on April 4, 2019 is herewith vacated and set aside entirely.”

The Governor under certificate of urgency through lawyer Harrison Kinyanjui filed application seeking to stay the order, which was obtained ex-parte by the company.

The order had directed the officer commanding Embakasi police station to supervise eviction and enforcement.

Kinyanjui told the court that the county government wants to demonstrate that the original applicant, Zachariah Baraza T/A Siuma and Orbit Chemical industries limited misled the court into issuing eviction orders without jurisdiction and against the express provisions of the Land Act.

“The original applicant, Baraza sought to enforce orders that have since elapsed by effusion of time (being in excess of 12 years subsequent to their issuance) by reason of which the orders or eviction issued are based on an illegality,” said the County.

Governor Sonko moved swiftly and stopped the eviction of 10,000 families residing in the property.

The Governor said the county government stands to suffer spill-over effects if the evictions are carried out as planned.

“That neither Orbit Chemicals is the registered owner of the suit property and therefore the suit constitutes a gross abuse of the court process,” he said in the papers filed in court.

He added that no certificate of title in whatever the character provided as proof by the company nor was an official search certificate tabled in court as prove of ownership.

He further told the court that the execution was carried by a party not entitled to such order’s orders at all in law.

Governor Sonko told the residents of the populous informal settlement in Embakasi their land is public property.

While holding a meeting with representatives of the slum residents at City Hall, Sonko said the disputed piece of land was given to squatters in the 1990s by the national government, but unscrupulous land dealers forged ownership documents and later sold it to private developers.

“The land in question is public property since the government allocated it for settlement of squatters after a motion on the same was approved by the National Assembly. We are going to present the facts before the court because we know the land is public property,” Sonko said.

The Governor said his administration stopped the demolition of houses in slum areas until the county and national governments implement the construction of affordable houses for slum residents.

The evictions were to be carried out after Zachariah Baraza, who trades as Siuma and Orbit Chemical Industries limited obtained seeking to evict the dwellers after winning a court battle. OCS Embakasi Police station was ordered to supervise eviction.

“The stay of execution of the order made on14th January 2019 and issued on 4th April 2019 in this proceedings is hereby stayed pending inter parte hearing of this application,” ruled Ombeja.

The court enjoined Nairobi County Government as an interested party in the matter.

The Governor’s decision was provoked by the DDC meeting held on May 23, after which Governor Sonko blasted Embakasi South MP Julius Mawathe on phone.

Te county government wants to demonstrate that the original applicant, Zachariah Baraza T/A Siuma and Orbit Chemical industries limited misled the court into issuing eviction orders without jurisdiction and against the express provisions of the Land Act.

Governor Sonko sought for a status quo to protect the innocent victims. Kinyanjui argued that the matter was urgent and ought to be heard expeditiously as Orbit Chemicals have set bulldozers and earth moving machinery on the disputed parcel, ready to commence evictions.

“The original applicant, Baraza sought to enforce orders that have since elapsed by effusion of time (being in excess of 12 years subsequent to their issuance) by reason of which the orders or eviction issued are based on an illegality,” said the County.

Baraza and Orbit are abusing the court process when they are seeking to enforce orders ostensively issued within Nairobi HCCMisc.784/1996 which suit ought to have been invoked by original applicant for any execution process and consist of the best forum.