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PANGANI TENANTS LOSE AS NAIROBI COUNTY NOW FREE TO DEMOLISH HOUSES.

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Nairobi City County Governor Mike Mbuvi Sonko.

BY SAM ALFAN.

The High Court has dismissed application filed by thirteen tenants of Nairobi County County Government who sought to stop demolition of their houses located in Pangani estate.

“The application dated July 2, 2019 is dismissed for want of prosecution,” ordered the judge. This was after the tenants lawyer failed to appear in court to argue the case as directed.

Environment and Land Court judge Kossy Bor declined to issue orders, paving way for the county government to demolish the houses.

“The court had fixed the matter for hearing today at 7:30 am after plaintiffs informed the court that demolition were to place on the end of July. The plaintiffs advocate does not attend court to prosecute the application,” said the judge.

The County government under the urban housing renewal and regeneration policy wishes to redevelop, renew, refurbish and renovate “old estates” in Nairobi city.

Governor Sonko’s administration has identified Pangani Estate for the project where the plaintiffs live as tenants ad one the estates to be redeveloped.

Among estates identified by the county government include bachelor’s, Jeevanjee Estate, Ngong road Estate, Old Ngara Estate, Pangani Estate, Uhuru Estate and New Ngara.

The county government intends to construct high density multi-storey flats consisting of 24 floors of cluster of one bedroom , two bedroom and three bedroom each and there will be four blocks. The proposed units are 1152.

“It is evident that the units will thus house families exceeding 1,500 where the plaintiffs claim they have not been consulted over proposed construction.

” The principal of proportionality (with respect) disentitles the plaintiffs of the reliefs they seek. I believe that they can be adequately compensated by damages in the face of the housing hardship facing many Kenyans residents in Nairobi County,” added the county.

The county said the project did not commence this year as implied by one of the tenant’s Jushua Murkinnie Amaswache.

The tenants allege that there was no public participation.

Other tenants include John Kaumbuthu, George Magore, Ramesh Rajput, Aisha Mohammed, Lena Katu, Mohammed Waiss, Amit Ghosh, Pascal Misawa, Yaya Omar, Nick Koto, Jack Onyango and Josephine Muthui.

The thirteen moved to court seeking to stop the County from evicting, attempting to evict or interfering with their occupation of the houses in Pangani Estate pending hearing and determination the case.

They claimed they have lived in the said houses since 1956 and they are not in rent default.

The County, however in its response denied existence of some tenants on it records.

The tenants claimed a key component of the urban renewal policy is that there must be public participation in the process of renewal and regeneration with the constitution and affected parties and citizen must be given opportunity ( especially those to be removed and be resettled).

But the county government, they argued, wish to evict them without their agreement as to the terms of the eviction or resettlement.

They claimed the county government does not want to incorporate their suggestions into the agreement but want them to vacate on the terms dictated by the county government.

The judge directed the matter to be mentioned before deputy registrar for pretrial directions.

 

EACC SUFFERS BLOW IN BID TO BLOCK IT’S FORMER LEGAL OFFICER FROM REPRESENTING COMPANIES BEING PROBED.

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Wajir Governor Mohammed Abdi who two companies are being investigated over purchase of two luxury vehicle worth over Sh 26 million.

BY SAM ALFAN.

Ethics and Anti-Corruption Commission (EACC) has suffer a major blow after it has failed to stop it’s former legal officer from acting for three companies being investigated over the purchase of Wajir Governor Mohammed Abdi two luxury vehicle worth over Sh 26 million.

Justice John Onyiego of High Court Anti-corruption division dismissed the application by the EACC seeking to disqualify lawyer Edwin Waudo from representing three companies under probe namely Daayo Construction & Supplies LTD, Fine Trust Construction Co.ltd and Cosmos Cars limited.

“The prayer to disqualify Edwin Waudo from representing the respondents in this particular case is unmerited and the same is dismissed with no order as to costs,” ruled Onyiego.

However, the court found that Edwin Waudo is a former EACC employee is deemed to be state officer under section 28 of leadership and Integrity Act by dint of section 52 (1) of the said Act.

” A former state officer shall not be engaged by or act for a person or entity in a matter in which the officer was originally engaged in as a state officer , for at least two years after leaving the state office”, state section 28.

In the case, the Bank accounts of Daayo Construction and General suppliers has since been frozen pending investigation into purchase of two motor vehicle for Wajir Governor Mohamed Abdi.

Earlier Justice Hedwig Ong’undi ordered the said company accounts 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 Sh 26 million.

Further, the court also ordered bank account of Fine Trust Construction Limited at Kenya Commercial Bank Wajir branch to be frozen for six months.

This is after Sh 12 million paid for the purchase of governor vehicle was transferred to the company.

Justice 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 commission filed application seeking to block participation of lawyer Edwin Waudo saying he was still a state officer until a period of two years since he ceased to be the agency employee.

They also claimed the conduct of the lawyer being involved in the EACC matter and persons under enquiry by the commission on behalf of the three companies violates the Law Society of Kenya (LSK) Code of Standards of Professional and Ethical Conduct and ought to be barred from representing the companies which under investigation on account of the alleged conflict of interest.

The commission contended that the subject matter proceedings which the commission is investigating the three companies over tender to purchase two motor vehicle for wajir Governor emanated frim investigation carried by the EACC during which period Edwin Wangwe Waudo was still in the commission employment holding senior management positions which gave him an opportunity to access confidential information.

The agency also argued that Waudo was actively engaged in most litigation involving investigation , recovery of assets and compensation and by the virtue of advocate/ client relationship between Edwin Waudo and EACC , his participation in the present matter raises conflict of interests to his former employer.

In his response, Waudo former assistant director in civil litigation and asset recovery department dismissed the commission application and termed it as bad in law and lacking merit.

He said upon receiving instructions from his clients, he sought from the commission to be supplied with the freezing order issued against his clients and he was supplied the same with relevant documents.

Waudo argued that there was no evidence that he was originally engaged in the investigation carried by the commission in the purchase of Wajir Governor vehicles.

“The commission had not produced any evidence to show that the investigation of the subject matter in these proceedings commenced when he was in the office to infer privity ti confidential information”, added Waudo.

He dismissed allegations that he may have come across confidential information while in office a fact he termed as speculative, idle talk, reckless and malicious.

He added that it’s not the duty of the commission to chose who represents which client and that a client is entitled to legal representation by the advocate of his choice.

TWO IN COURT FOR DEFRAUDING USING MAMA NGINA’S NAME.

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Irene Wanjiku Njeri and Fredrick Kinani before Nairobi Milimani Magistrate Court. /PHOTO BY S.A.N.

BY NT CORRESPONDENT.

Two people have been charged with obtaining money in the Name of Mama Ngina Kenyatta.

Irene Wanjiku Njeri and Fredrick Kinani appeared before Nairobi Milimani Senior Principal Magistrate Kennedy Cheruiyot and pleaded not guilty to the charge.

The two are charged with conspiracy to defraud Mary Wanjiku Waweru 250,000 by pretending they were in a position to recruit her children in the Kenya Defense Forces (KDF) and secure them a job in Germany through Mama Ngina Kenyatta.

The two are alleged to have committed the offence on diverse dates between February 1and 12 July this year in Nairobi jointly with others not before court.

Njeri and Kinani are also facing charge of obtaining 250,000 by false pretences from Mary between February 1 and 8 April this year.

They were released on a cash bail of 100,000 and alternative of 250,000 pending hearing and determination of their criminal case.

The case was fixed for mentioned on July 29 and hearing on August 13.

THREE CHARGED WITH ILLEGALLY OBTAINING 123 MILLION FROM TRADER IN ARTIFACTS.

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Evelyne Adhiambo Osore, Stephen Roberts Andere and Berlin Owino Ajeck before Nairobi Milimani Magistrate Court where they pleaded not guilty to charges of obtaining 123 million from a Kazakhstan national and money laundering on Monday July 15,2019./PHOTO BY S.A.N.

BY NT CORRESPONDENT.

Three people have been charged in a Nairobi Court with obtaining Sh 123 million from a Kazakhstan national by false pretences.

Evelyne Adhiambo Osore, Stephen Roberts Andere and Berlin Owino Ajeck appeared before Milimani Senior Principal Magistrate Kennedy Cheruiyot and pleaded not guilty to another charges of money laundering.

Prosecution alleges that the trio obtained the monies from Damir Ryskulov pretending they were in a position to supply him with Maasai artifacts, sculptures and processes tea.

They are further accused of engaging in an arrangement for transfer of USD 1,230,350 (Sh 123,350,000) while knowing or ought to have known that the said money was part of proceeds of crime falsely obtained from Damir whose effect was to conceal the movement of the said money.

The court heard that three conspired to defraud and did obtain from Damir Ryskulov USD 1 million (Equivalent to Sh 100 million) by falsely pretending they were in a position to supply him with one ton of Maasai artifacts and sculptures.

They are alleged to have committed the offences on diverse dates between January 22 and May 13,2019.

The suspects are facing other charges of conspiracy to defraud and obtaining USD150,000 (Sh 15 million) from the complainant by pretending that they were in a position to supply BIM with four tons of processed tea.

In addition, the three face charges of obtaining USD 80,350 (equivalent to Sh 8,035,000) from the same complainant pretending that they were in a position to offer transport for four tons of processed tea from Kenya to Kazakhstan.

Prosecution opposed the accused to be released on bond claiming they are flight risk.

The court was informed that the accused persons may interfere with witnesses and investigation if granted bail.

Prosecution urged the court to detain the three pending the hearing of the case.

BUZEKI GETS REPRIEVE IN PLANNED SALE OF HIS ASSETS TO RECOVER SH118 MILLION.

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Businessman Bundotich Zedekiah Kiprop, popularly known as Buzeki.

BY SAM ALFAN.

The High Court has extended interim orders restraining Landmark Port Conveyors Limited from selling Buzeki Enterprises Limited movable assets pending the hearing of case.

Justice Msagha Mbogholi extended the orders as listed or described in the notification of sale dated July 9, 2019 pending hearing and determination of the application inter-parties in the case.

“Temporary injunction is hereby issued restraining the Plaintiff or Respondent (Landmark Port Conveyors Limited) whether by itself , its servants , its agents and or any persons acting at its behest from alienating, disposing off, selling or in any manner interfering with the movable assets listed or described in the Notification of sale of July 9,2019 which have not been listed or described in the proclamation Notice of attachment of March 15,2018 or any other proclamation notice pending hearing and determination of this application inter-parties”, ordered Judge Mbogholi.

This is orders were issued after Buzeki Enterprises filed application under certificate of urgency seeking to stop Landmark Port through Moran Auctioneers from proclaiming 53 trucks and trailers in alleged execution of judgement and decree of the court issued on May 12,2017.

Last week court issued temporary injunction restraining the LandMark Port Conveyors and agents from disposing off , selling or in any manner interfering with the Buzeki Enterprises Limited movable assets listed or described in the sale the Notification of sale of July 9,2019 which have not been listed or described in the proclamation Notice Notice of attachment of March 15,2018 or any other proclamation notice.

“Through Moran Auctioneers on July 9,2019 seized applicant’s (Buzeki Enterprises Limited) motor vehicles , all of which have never been proclaimed in the proclamation of March 15,2018 or in any notice or at all as contemplated bin law”, said Buzeki enterprises in the court documents.

The company added that in executing the decree of the court, Moran auctioneers as the agent of the court ought to be guided by the law yet their conducts contravenes section 13 of the actioneers Act and rules being that save for the proclamation attachment aforementioned.

Buzeki says that they have never been served with any other documents that found the basis for the seizure of the subject motor vehicles in the instant application and Landmark port served them notice dated July 9,2019 of intended attachment and sale of the proclaimed 53 trailers and trucks.

” The purported execution is bad in law for attaching or proclaiming the Buzeki Enterprises Limited assets , prime movers and trailers which have never been the subjects of any proclamation Notice and the seizure and detention of the unproclaimed subject vehicles being bereft of any or any lawful basis , is therefore unlawful , null and void”, says the company.

Buzeki enterprises informed the court that the said the application will be rendered nugatory should the execution process should proceed in the manner sought by the landmark Port unless the orders sought are issued.

But landMark Port director Njenga Kamau dismissed Buzeki Enterprises application saying the magnitude of the indebtness of the company to NIC Bank is a non-issue to them and they are concerned only with the money owed to them by Buzeki company.

Njenga termed application by Buzeki company as baseless , vexatious, a sham and merely ba delay tactics being played by the company.

He faulted NIC Bank by saying they have provided avenues of intervention under the debenture which it gas bot sorted to enforce against the Buzeki company for contravening the terns and conditions therein thus by default , purporting to protect the Buzeki company from attachment to the detrimental of the decree.

“The plaintiff reserves the first priority in the pecking order of execution and settlement of debt having began execution proceedings before appointment of a receiver by the NIC Bank”, said Njenga

BUSINESSMAN KOBIA RELEASED ON BAIL AFTER DENYING GOLD SCAM CHARGES.

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Businessman Paul Kobia before Milimani Law court.

BY NT CORRESPONDENT.

Businessman Paul Kobia has been released on a cash bail of Sh2 million in after denying a Sh14m gold scam charges.

Kobia, who was charged together with his 13 employees allegedly conspired to defraud Italiana Antonio Cianci Director of Iron and Steel DMCC from Arab Emirates of US dollars 14,000.

The court heard that he displayed metal boxes purporting to be genuine gold bars. He also claimed that he was trading as Duaf international limited and Malva Amit limited, pretending that they were carrying out a genuine gold business.

Kobia and Tanya Yvonne Goes denied a further charge of obtaining money by false pretences. It is alleged that April 25, 2019 with intend to defraud with others not before court obtained from Italiana Antonio Cianci ,a director with Iron and Steel DMCC US dollars 14,000 by falsely pretending they had genuine gold for sale.

Kobia and his employees also face a count of preparation to commit a felony. It is alleged that on 26th April 2019 they were found in possession of fake gold nuggets, smelting pots, metal tongs, X- ray Fluorescence Spectrometers, assorted rubber stamps and company seals all used to convince unsuspecting people that they were carrying out a genuine gold business.

Kobia is also accused of forging stamps. He is alleged to have been found in possession of an instrument capable of making the impression of a stamp for the Nairobi Chief Magistrate’s Court.

He is also accused of making a false impressed stamp in the words of “collector of stamps duties Kenya revenue paid pounds” used for the purposes of revenue or accounting by the Kenya Revenue Authority.

The controversial businessman is accused of forging stamps from the National Treasury, Central Bank of Kenya, Director of Geological Survey, Ministry of Mining, Kenya Revenue Authority Customs and Excise duty department, Executive Office of Presidency Department of Procurement Nairobi and that of Registrar of Companies Kenya.

They all denied the charges before Chief Magistrate Martha Mutuku at the Milimani Law Courts.

Whereas Kobia and Tanya were released on a cash bail of Sh2 million, the rest of his employees were released on cash bail of Sh 100,000, each.

The hearing of the case will be on August 30, 2019.

FIVE SUSPECTS IN SH8.4 MILLION GOLD SCAM DETAINED FOR SIX DAYS TO ALLOW POLICE COMPLETE PROBE.

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Gold.

BY NT CORRESPONDENT.

Five suspects have been detained for six days by a Nairobi Court to allow police to complete investigations into over Sh 8.4 million gold fraud scam.

The suspects, Abbas Badru Omuoma, Victor Ogolla Keza, Robert Otieno Muga , Ezekiel Jeff Opembe and Philip Onyango Bhibhi will be detained at Kilimani police station.

They are said to be employees of DSI exports and Cargo Company Limited within Lavington in Nairobi County.

The court heard that they were arrested on 11th July at the said offices.

According to the police affidavit filed in court, the complainant, Galagama Gedara Sahul Hameed, 57 a Sri Lankan national who is the managing director of SPCON company, Jewellanka Private Limited based in the Democratic Socialist Republic of Sri Lanka paid USD 82,000 to Omuoma on behalf of DSI exports.

It is alleged that Omuoma received the money as collateral for the shipment of another 25 kilograms of gold to Dubai and did issue him with a receipt for the said amount on July 9,2019.

Further on the same evening on while Hameed was being driven back to his hotel in a vehicle provided by DSI exports in company of his friend Mohamed Salihu Rusly also a Sri Lankan national residing in Kenya and Jean Claude Kamira were intercepted along Arboretum Drive by a motorcycle rider with a pillion passenger who claimed to be police officers and robbed them the 2.5 kilograms of gold they were carrying.

Hameed and his friend Rusly were left stranded after the robbery as the vehicle they were in drove off with Kamira and another unidentified person who was an employee of DSI.

The complainant later reported the matter to Kilimani Police station but was overwhelmed by the events of that day.

He had recurring heart problems and flew to Dubai immediately for treatment.

The court heard that the complaint is expected back in the country on July 17,2019 to assist with investigations.

The police say they are interested in tracing the respondents’ movements by exploiting their mobile phone data, trace Jean Claude Kamira and any other critical witnesses without the respondents instilling fear or interfering with investigations.

Police says they need to apprehend accomplices, carry out an identification parade, gain the suspects’ employment records and communicate with the registrar of companies on the legitimacy, activities and list of directors of DSI for interrogation.

The suspects are likely to be charged with conspiracy to commit a felony and robbery with violence.

BETTING FIRM BETPAWA SEEKS COURT PROTECTION OVER SUSPENSION.

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Nanovas International (k) Limited trading as betpawa./PHOTO COURTESY.

BY SAM ALFAN.

Nanovas International (k) Limited trading as Betpawa has moved to court seeking temporarily to suspend  Betting Control board addressed to Safaricom Limited.

BetPawa through lawyer Immanuel Wetangula wants the court to issue a conservatory order temporarily suspending the board decisions not to renew their bookmaker’s and public gaming licenses for the year 2019/2020 and allowing the Petitioner to continue to carry on the bookmaking and public gaming business without any interference by the board.

“Pending the hearing and determination of the Petition, the court to issue order temporarily suspending the board letter dated July 10 2019 addressed to Safaricom Limited,” reads court papers.

The firm also want to be allowed to continue utilising it’s pay bill numbers and short codes without any interference by the the betting board pending hearing and determination of the case.

The company further wants an order suspending the board’s decisions not to renew the Betpawa bookmaker’s and public gaming licenses for the year 2019/2020 and allowing the Petitioner to continue to carry on the bookmaking and public gaming business without any interference by the Respondent, its agents, servants or anybody directed to act on its behalf.

They argue that by a letter dated July 10 2019, the betting Control Board wrote to Safaricom Limited requesting for the suspension of the pay bill numbers and short codes for several companies, including Betpawa.

Betpawa adds that Betting Control Board action was carried out without any prior notification, involvement or participation of the Petitioner who stood to be directly and adversely affected by it, in breach of its constitutional rights to among others, fair administrative action and property”, says the company.

“Prior to the abovementioned action, the Respondent wrote to the Petitioner on 1st July 2019 and rejected its application for the renewal of its bookmaker’s license, ostensibly on the basis that there were pending investigations into the Petitioner’s regulatory and license compliance”, adds BetPawa.

The betting company say that in spite of lodging its application for renewal of the license and responding to the board’s inquiries for further information in sufficient time before its expiry on 30th June 2019, the Respondent awaited its expiry before communicating the rejection of the Petitioner’s application.

“In accordance with Article 35 of the Constitution and the provisions of the Fair Administrative Action Act, the Petitioner wrote to the Respondent on 2nd July 2019 requesting for reasons, including the particulars of the purported investigations, since it had complied with all of the Respondent’s requests for further information during the process of applying for the renewal of its license. The Respondent did not respond to the Petitioner’s request”, claim the company.

They say that they were therefore taken aback to subsequently learn of the Respondent’s letter to Safaricom Limited, still citing alleged, ongoing due diligence to determine fitness and propriety to hold a license.

According to the board’s own constitutive statute: the Betting, Lotteries and Gaming Act, specifically section 5A(3), the Respondent is required to afford the Petitioner a right to be heard in determining its fitness and propriety to hold a license.

However, the betting board has not invited representations from the Petitioner but has chosen to ignore it in carrying out its actions.

They also claim the board rejected their application for the renewal of its public gaming license, ostensibly on the basis that it required a physical gaming premise, in spite of the Petitioner having provided the physical address for its operations in its license renewal application.

The company Business Manager Cynthia Onyango said on July 30, 2018, the betting control board issued a bookmaker’s off-the-course license to BetPawa which would expire on June 30, 2019 and also issued a public gaming license to the company on September 21, 2018 which would also expire on 30th June 2019.

“Through letters dated 6 and14 March 2019, the Petitioner (Nanovas International (k) Limited trading as betpawa) made two applications to the Respondent for the renewal of its bookmaker’s off-the-course and public gaming licenses. Both applications annexed several documents and also sought the Respondent’s (Betting Control Board) advice on any pending items required to complete the process of license renewal”, claim the manager.

She adds that On April 10, 15 and 172019, the betting control board wrote to BetPawa acknowledging receipt of the applications for renewal of the bookmaker’s and public gaming licenses for the year 2019/2020 and requesting for further documentation.

She said the company on 23,April 2019, wrote to the board attaching its returns, copies of payment slips, bank receipts for January to March 2019 as evidence of tax payments. The Petitioner also sought to know whether there were further requirements.

FOUR CHARGED WITH HUMAN TRAFFICKING.

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Ali Mitano Liban, Abdinasir Walde Haile, Mohamed Makura Darche, Mohamed Walde Haile before Milimani Magistrate Court in Nairobi./PHOTO BY S.A.N.

BY NT CORRESPONDENT.

Four men have been charged in a Nairobi court with human trafficking of 11 Ethiopians.

Ali Mitano Liban, Abdinasir Walde Haile, Mohamed Makura Darche, Mohamed Walde Haile appeared before Milimani Chief Magistrate Martha Mutuku and pleaded not guilty to the charges.

Prosecution accuses the four of trafficking by receiving and transporting 11 Ethiopian nationals using a lorry for the purpose of exploitation.

They are alleged to have committed the offence on July 9, 2019 at Makuyu along the Nyeri Nairobi highway within Murang’a North sub-county.

Prosecution has vehemently objected the release of the accused persons on bail on grounds that their nationality is unknown.

The State believes the four are part of a powerful cartel operating within Kenya, Uganda and Tanzania.

At the same time the Prosecution also requested for an early hearing date for the victims to testify so that they can be repatriated back to their country.

The court will make its ruling on bail on Friday and also for purposes of conducting a pre-trial.

TRADER CHARGED WITH CONSPIRING TO DEFRAUD INSURER 204 MILLION.

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Joseph Anthony Maina Kiama before Milimani Magistrate Court./PHOTO BY S.A.N.

BY SAM ALFAN.

A Nairobi businessman has been charged with conspiracy to defraud Insurance Company limited 204 million.

Joseph Anthony Maina Kiama appeared before Milimani Chief Magistrate Martha Mutuku and pleaded not guilty.

He is accused of conspiring to defraud San lam General a fire claim of 204 million by falsely pretending that the machinery and assorted items belonging to Afroplast industries in Thika were destroyed by fire on 27the August 2018 a fact he knew to be false.

Prosecution alleged Kiama committed the offence on diverse dates between March 21 and August 27 ,2018 at unknown place jointly with others not before court.

Kiama was also charged with attempting to obtain the 204 million from Sanlam at the company’s offices in Nairobi.

He was released on a bond of 500,000 or an alternative cash bail of 200,000 pending hearing and determination of the criminal trial.