City based car dealer and the owner of Khalif Kairo has been charged with using fraudulent tricks to induce two car buyers to pay Sh5 million towards importation of two motor vehicles.
Joseph Kairu Wambui appeared before Milimani Chief Magistrate Lucas Onyina and denied the charges.
Kairo is accused of inducing Jeff Kyule Munane to pay Sh.2.14 million towards importation of motor vehicle make Honda Vezel Hybrid from Japan, which was never delivered.
The charge sheet stated that he committed the offence on diverse dates between July 10, 2024 and July 29, 2024, at Westlands in Nairobi, by means of fraudulent tricks.
It is further alleged that between July 29 and 16 November, 2024, at unknown location in Kenya, he allegedly induced Dona Ayalo Okoth to transfer Sh2,984,998 into Kai & Karo Limited, for the purchase of a Subaru Outback.
The charge sheet said he obtained the money by falsely pretending that he was in a position to import the vehicles.
The prosecution opposed his release on bail, arguing that he was a flight risk. But his lawyers said he was a known businessman.
The court will rule on his application to be released on bail, on January 14.
A man has been charged with stealing over half a million from a deceased Bank account in Kiambu.
Thomas Wachira Muga appeared before Milimani Chief Magistrate Lucas Onyina and denied the charges.
He is accused that on 4th May 2023 at around 1230hrs, at KCB Bank Kenya Limited Limuru branch, within Kiambu County, jointly with others not before court, you stole Sh.682,200.00 from Rogers Munyao Nzoka (deceased) bank account.
The money is alleged to be the property of KCB Bank.
The court heard that ,on 4th May 2023 at around 1230hrs, at KCB Bank Limuru branch, within Kiambu County, otherwise than in the course of stealing, Muga dishonestly received Sh.682,200.00 in his bank account.
He received the money knowing or having reason to believe it to be stolen or unlawfully obtained money.
Prosecution told the court that on 4th May 2023 at around 1230hrs, at KCB Bank Limuru branch, Muga jointly with others not before court, you conspired together to stealing the said money from KCB Bank Kenya Ltd.
He was released on a cash bail of Sh.200,000 pending hearing and determination of his criminal case.
A businessman has been charged with defrauding a woman over half a million purporting he was in a position to sell her a car.
David Kioi Mutungu alias Daudi appeared before Milimani Chief Magistrate Lucas Onyina and denied the charges.
Kioi is accused that On diverse dates between 28th October and 31st October 2024 at Unknown Place jointly with others not before court you obtained a total sum of Sh 880,000.
He defraud the money from Grace Wambui Kinuthia by falsely pretending that he was in position to sell to her a Motor Vehicle make Toyota Noah a fact you knew to be false.
Prosecution told the court that On diverse dates between 20th October and 31st October 2024 at Unknown Place within the country , Kioi jointly with others not before court, conspired to defraud Wambui Sh.880,000.
Emmanuel Wafula Othatcher and Willy Kiplmo Meto before Milimani Chief Magistrate court where they denied gold fraud charges./PHOTO BY S.A.N.
BY PHOEBE WANJOHI.
Two businessmen have been charged with defrauding a UK citizen of over Sh223 million in a fake 2820 kilogram gold fraud.
Emmanuel Wafula Othatcher, Willy Kiplmo Meto, Unaidisa Service limited and Indipth Mining limited appeared before Milimani Chief Magistrate Court Lucas Onyina and denied the charges.
The two and companies are accused of obtaining USD 1,271,200.74, which is equivalent to approximately Sh223,756,000, on diverse dates between March 31 and 30th May, 2024 at Nairobi city, jointly with others not before court.
It is alleged to have obtained the millions from Tanner Caldwell Cook by falsely pretending that he would sell him the gold.
It is further alleged that on diverse dates between 31st March to 30th May, 2024 at Nairobi city county, the two jointly with others not before court conspired to steal the money from Caldwell by falsely pretending that he would sell him gold.
High Court Constitutional Division Justice Lawrence Mugambi./PHOTO BY S A.N.
BY SAM ALFAN .
The High Court has declared a section of the penal code that makes attempted suicide a crime, as unconstitutional.
High Court Justice Mugambi declared Section 226 of the Criminal Penal Code (CPC) unconstitutional for discriminating against persons with mental health issues.
“A declaration is hereby made that Section 226 of the Penal Code is unconstitutional for violating Articles 27, 28 and 43 of the Constitution,” declared Justice Mugambi.
In the 54 page decision, Justice Mugambi said Section 226 of the Penal Code offends Article 27 of the Constitution by criminalising a mental health issue thereby endorsing discrimination on the basis of health which is unconstitutional.
“It also indignifies and disgraces victims of suicide ideation in the eyes of the community for actions that are beyond their mental control which is a violation of Article 28,” said Justice Mugambi.
The Judge added that existence of Section 226 exposes the survivors of suicide and potential victims with suicide ideation to possible reprisals thereby eroding the right to have the highest attainable standard of health envisaged in Article 43 (1) of the Constitution.
The court rejected arguments which justified the existence and retention of Section 226 of the Penal Code insisting that it in consonance with protecting the right to life by deterring and preventing self- destructive behaviour.
“In my view, such an argument flies in the face in view of the very evidence that suicide ideation is mental health issue hence it is not a ‘willed act’ by made by human being of sound mind,” said the judge.
Kenya National Commission on Human Rights Commission, which was among lobbies that filed the case, welcomed the decision by Justice Mugambi adding that equality includes the full and equal enjoyment of all rights and fundamental freedoms.
KNCHR further stated that women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.
“The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth,” state the human Rights commission.
The commission added that a person shall not discriminate directly or indirectly against another person on any of the grounds specified or contemplated in clause (4).
Former Nairobi Governor Mike Sonko./PHOTO BY S.A.N.
BY SAM ALFAN.
The Director of Public Prosecutions (DPP) suffered a setback after a Nairobi court quashed two main charges of corruption against former City governor Mike Sonko.
While quashing the two counts of conspiracy to commit the offence of corruption anti-corruption magistrate Charles Ondieki faulted prosecution for duplicating the counts against Sonko.
“Having failed to present a prima facie evidence in support thereof and having further offended rule against duplicity, count is dismissed and all accused acquitted under section 210 of Criminal Procedure Code,” ruled trial magistrate.
The court, however, placed Sonko, Anthony Otieno Ombok alias Jamal and ROG Security Ltd on their defence in relation to 11 other counts including abuse of office and conflict of interest.
The magistrate said there was no evidence that Sonko conspired to receive Sh10 million as an indictment to facilitate payment of Web Tribe company, by Nairobi County Government.
The magistrate further ruled that prosecution failed to prove that Sonko conspired with directors of the firm to receive any bribe as alleged by prosecution.
Ondieki dismissed prosecution allegations that Sonko received a bribe of Sh10 million from Web Tribe company, whilst knowing that the said property formed a part of proceeds of crime.
The former county boss was further acquitted of the allegation of acquisition of proceeds of crime.
During the final submissions, the prosecution admitted that the Nairobi County Government never lost a single shilling.
Directorate of Criminal Investigations (DCI) has moved to court seeking to detain a driver linked to fake cement for thirty days pending investigations.
In a miscellaneous application filed in court, DCI want trailer driver James Murithi Anampiu detained for 30 days pending investigations into alleged case of being in possession of counterfeit goods.
DCI through investigating officer sergeant Samuel Itegi attached at DCI headquarters Operations Support Unit, there have been numerous incidents of buildings collapsing during the construction and the same is directly attributed to poor quality cement which is a matter of grave public concern due to the lives lost during such incidents.
“Due to these concerns, a multi-agency team was formed to investigate the matter and come up with proposals to curb the menace and in the course of these investigations, they found out that there are unscrupulous businessmen who after purchasing cement from legitimate factories, adulterate the same by interfering with the bag weights before selling,” Sergeant Itegi told Milimani Principal Magistrate Gilbert Shikwe.
DCI is seeking for custodial order for the respondents to be detained at Capitol Hill Police station for a period of thirty (30) days pending analysis report
“I pray this court to grant an order for the respondents to be detained at Capitol Hill Police station for completion of investigations,” pleaded the officer.
Investigating officer further told the court that other instances they add on an adulterant known as Pozzolanic dust in a bid to enhance the quantities and earn more profit but the net effect is that in the process, they interfere with the approved industry ratios hence compromised standards of quality in the cement that is sold to unsuspecting members of the public.
Magistrate Shikwe heard that on 20th day of December 2024, the team moved into action and several brands of cement were recovered from various hardwares and cement sellers including Kitengela cement company owner who were arraigned in court but the said respondent who was driving a lorry Reg no. KAQ 600B Mitsubishi FH which was had part of the cement under investigations but managed to escape narrowly.
On 7th of January 2025 the respondent re-surfaced in an effort to have the lorry released but was eventually apprehended.
Sergeant Itegi told the court that the recovered bags of cement which are now exhibits were forwarded to Kenya Bureau of Standards for forensic analysis.
“Analysis is still on going with a view of ascertaining the quality and quantity of the products. The said analysis is technical because of the laid down industry procedure involved in coming up with the report since Cement matures in 28 days in order to give accurate test results and the technical team would require at least thirty (30) days to finalize,” court heard.
Additionally our investigations are incomplete as more witnesses are yet to record their statements in regards to the matter.
“we are further apprehensive that if the respondent is released on cash bail, he is likely to abscond considering his past behaviour,” officer told the court.
Benjamin Mulwa Muia before Milimani Chief Magistrate court where he denied defrauding land buyers millions./PHOTO BY S.A.N.
BY SAM ALFAN.
A land seller has been charged with defrauding Sh6.6 million by selling land to different buyers in Syokimau area.
Benjamin Mulwa Muia appeared before Milimani Principal Magistrate Gilbert Shikwe and denied the charges.
Mulwa is accused that on diverse dates between 19th day of July 2022 and 30th April 2023 in Nairobi County, he obtained Sh3 million from Siratho Mohamed Abdi.
He defrauded Abdi millions by falsely pretending that he was in a position to sell to him a one acre piece of land plot number 611 in property LR no.345/30 situated in Syokimau a fact he knew to be false.
Prosecution told the court that on diverse dates between 17th Day of October 2022 and 3 January 2023 in Nairobi County,Mulwa obtained Sh.1,064,910 Abdullahi Ahmed Roble by falsely pretending that he was a position to sell him a one acre piece of land plot number 647 in property LR no.345/30 situated in Syokimau a fact he knew to be false.
The court further heard that On diverse dates between 17th Day of October 2022 and 3 January 2023 in Nairobi County, with intent to defraud, he obtained Sh.2,610,000 from Abdullahi Mohamed Hassan.
Mulwa defrauded Hassan by falsely pretending that he was in a position to sell to him a one acre piece of land plot number 647 in property LR no.345/30 situated Syokimau a fact he knew to be false.
He was released on a cash bail of Sh 200,000 pending hearing and determination of his criminal case.
Karen resident Duncan Chengo before Milimani Magistrate court where he denied threatening to kill charges.
BY PHOEBE WANJOHI.
City based physiotherapist has been charged with threatening to kill.
The smiling Duncan Chengo appeared before Milimani Principal Magistrate Gilbert Shikwe and denied the threatening to kill charges.
Chengo is accused that on the 18th day of March 2023, at Kenyatta Market, within Kibra sub county in Nairobi county, he threatened to kill John Maina Wangeci.
He threatening to kill Maina by saying “DO YOU KNOW I CAN SHOOT YOU” to Maina.
Chengo uttered the said words of threat without lawful excuse.
He was released on a cash bail of Sh 50,000 plus one contact person pending hearing and determination of the case.
East Africa Law Society President Ramadhan Abubakar.
BY SAM ALFAN.
East Africa Law Society has called for the immediate release youths abducted in Kenya and within East Africa Region
The regional lawyers’ body condemned the resurgence of abductions, enforced disappearances, torture and extra-judicial killings within the region.
The lobby called for immediate cessation of cross-border abductions and urged member states to collaborate and establish joint investigative teams, create robust intelligence-sharing frameworks and put in place coordinated legal mechanisms to address transnational crimes and arrests.
“We urge all East African Community Partner States to act decisively and fast in upholding commitments to human rights and rule of law. The region’s leaders must demonstrate leadership by taking immediate action to end these crimes,” added the regional Law Society.
EALS president Ramadhan Abubakar further called for urgent ratification of the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED).
In a statement signed by Abubakar and seven presidents of lawyers associations in East Africa, the lawyers called for prioritization of security sector reforms.
They further called for a comprehensive training on human rights, lawful detention and community policing, saying they must be implemented immediately and mechanisms to investigate misconduct within security forces must also be strengthened.
The statement is signed by LSK president Faith Odhiambo, Isaac Ssemakade (president of Uganda law Society), Boniface Mwabukusi (president, Tanganyika Law Society), Moise Nkundabarashi (president- Rwanda Bar Association), Patrick Didier Nukuri (president Burundi Bar Association), Joseph Shaaban Magazi (president- Zanzibar Law Society) and Arop Malueth, the president South Sudan Bar Association.
The lawyers further urged for civil society and victims’ voices to spearhead efforts to combat enforced disappearances.
“Governments should institute measures to engage in urgent dialogues with civil society organizations to design and implement strategies to address these violations,” the body said.
They further called for convening of a high-level summit to adopt concrete, enforceable measures to address abductions, enforced disappearances and extra-judicial killings.
The EALS promised to remain dedicated to protecting human rights and rule of law in the region. “We shall continue to provide oversight against violations and are ready to take legal action for non- compliance and to providing legal support to victims and their families,” the statement said.
The regional legal body has noted that all East African Community Partner States are bound by both domestic and international obligations to protect their citizens from torture, abductions and enforced disappearances.
“Despite of protections provided by these national and international legal instruments, enforcement is severely lacking and violations continue unabated. Most East African countries are signatories to several key international instruments, including the UN Convention Against Torture (UNCAT) and the International Covenant on Civil and Political Rights (ICCPR), both of which obligate states to prevent torture, investigate abuses, and prosecute perpetrators,” said EALS.
Through President Abubakar, EALS said the failure by most EAC Partner States to ratify the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) further compounds the problem, leaving significant gaps in regional human rights protection.
“The African Charter on Human and Peoples’ Rights also guarantees fundamental human rights, yet governments continue to neglect their commitments, leaving victims without recourse. This failure to act must be addressed immediately,” stated.
The society added that the situation of abductions and enforced disappearances within the East African Community has reached a critical point.
“As the regional law body, we note that these acts are not only violations of individual rights but attacks on the very fabric of regional unity and human dignity. They contravene the EAC Treaty and violate national and international human rights standards.
“We congratulate our sister Bar Associations at the national level for their steadfastness in rebuking perpetrators. We equally condemn the perpetrators and call for the following immediate actions, failure to which the regional bar shall utilize all available avenues to achieve justice for victims and enforce compliance with established human rights and rule of law standards,” said the regional society.
