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AUCTIONEER DENIES RECEIVING SH2 MILLION BRIBE.

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BY NT CORRESPONDENT .

An auctioneer’s agent has been charged with demanding and receiving a bribe of Sh2 million.

John Obura Ndimo, an employee of Keysian Auctioneers was charged with receiving a bribe of Sh2 million from Mabati Factory Ltd Showroom Ruiru.

He appeared before Milimani Anti-Corruption Magistrate Eunice Kagure and denied the charges.

The charges stated that he improperly requested for a financial advantage of Sh 2 million from Patrick Mbugua Njenga, on November 26, 2020 at Ruiru Mabati Factory Ltd Showroom in Kiambu County.

The court was informed that he allegedly received the money with intent that he would facilitate in the writing off tax arrears of Sh. 19, 456,309.00 owed to Kenya Revenue Authority by Jenga Mabati.

The court heard that he received Sh100,000 from Njenga on November, 2020 at Ruiru Mabati Factory Ltd Showroom.

The court ordered him to deposit cash bail of Sh500,000 to secure his release.

LAWYER CHARGED WITH DEFRAUDING DUO IN LAND DEAL.

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BY NT CORRESPONDENT .

An advocate has been charged with obtaining Sh7 million in land fraud.

Esau Oywaya Akombo appeared before Milimani Magistrate Benmark Okhabi and denied charges 

He is accused of obtaining Sh 7.3 million from Benedict Miriti and James Mwangi by falsely pretending that he was in a position to sell him a parcel of land No. Ruiru/Ruiru Block 2/375, a fact he knew to be false.

Akombo is alleged to have committed the offense on diverse dates between July 13, and October 11, 2022 at Nairobi jointly with another before court, with intent to defraud.

The advocate is further accused of conspiring to defraud Miriti and Mwangi of the said money.

He was released on a bond of Sh300,000 or alternative cash bail of Sh150,000 pending the hearing of the case.

COURT FREEZES FIRMS BANK ACCOUNTS OVER MONEY LAUNDERING CLAIMS.

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BY SAM ALFAN .

The High Court has frozen over Sh13.3 million belonging to two private jet airline operators over claims of money laundering.

The presiding judge of the Anti-Corruption Division of the High Court Esther Maina froze four dollar and Kenya shilling accounts belonging to Cullinan Private jets Corp limited and Glo-jet International ltd.

The judge prohibited the operators or their agents or representatives from transacting, withdrawing, transferring, using and any other dealing with the money in the bank accounts.

The Bank accounts includes USD 54, 257.85 , Sh 696,070.70 held in Account Number 01904057366250 registered in the name of Cullinan Private Jets Corp Limited held at I & M Bank and USD 24,712.61 held in Account Number 6658001882 in the name of Glo Jet International Limited and Sh.1,134,691.33 held in Account number 6658001881 in the of Glo Jet International Limited held at Ecobank Limited

Asset Recovery Agency filed an application for preservation of the funds for six months pending forfeiture proceedings.

ARA told Judge Maina the matter was in the public interest that the orders sought are granted and the suspect funds be preserved.

“There are no High Court orders currently preserving the funds in issue and there is imminent danger the Respondents shall dispose, transfer, withdraw and dissipate the said funds unless this Honourable Court issues preservation orders as prayed in this application,” court heard

ARA told the court on 25th August 2023 the Agency received information that the above accounts are holding funds suspected to be proceeds of criminal activities and money laundering

Subsequently the Agency opened an Inquiry file to investigate the legitimacy, source and destination of the funds for the purpose of ascertaining whether the same was acquired from or is a profits or benefits of proceeds of crime or intended for the commission of crime.

Last month, the agency had obtained court orders before a Milimani magistrate to investigate the bank accounts.

According to ARA court documents, financial investigations conducted by the Agency revealed complex fraud and money laundering schemes conducted by the Cullinan Private Jets Corp Ltd and Glo-jet International ltd their directors and associates rendering the above funds proceeds of crime liable for preservation and forfeiture.

The said bank accounts received suspicious huge cash deposits from various suspicious sources and investigations established that there are reasonable grounds to believe that the funds in issue are obtained through illegitimate means.

“The investigations have revealed that the cash deposits were unlawfully acquired hence proceeds of crime pursuant to the Provisions of Proceeds of Crime and Anti-Money Laundering Act and investigations further established that the funds were obtained from various suspicious sources and spent/dispersed through suspicious activities and transactions in a classical money laundering schemes,” Agency told the court.

ARA further adds that the transactions in the present application arose from the same facts and money laundering schemes in which the Respondents, their agents and associates are the planner and beneficiary.

“The investigations in this matter has established that the accounts are holding funds that are proceeds of crime which require to be preserved pending filing and determination of intended forfeiture applications and it is in the public interest that the orders sought are granted and the suspect funds be preserved,” ARA told the court.

The agency Investigating officer Alfred Musalia told the court that his investigations established that the major deposits were made from suspicious sources and subsequently spent in various suspicious activities by the agents of the two airlines.

“My investigations established that there are reasonable grounds to believe that the funds in issue are proceed of from illegitimate activities and the same be preserved pending filing and determination of the intended forfeiture application,” investigating officer told the court.

He adds that the investigations in this matter has established that the accounts are holding funds that are proceeds of crime which require to be preserved pending filing and determination of intended forfeiture applications.

TRUSTEE DENIES CONSPIRACY TO DEFRAUD BENEFICIARIES OF CITY BUILDING SH230 MILLION.

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BY SAM ALFAN .

A trustee has been charged with conspiracy to defraud beneficiaries of a trust of a five-storey building in the city centre by transferring it.

Nilesh Jayantilal Lauji Kotendia, a trustee of Lalji Mulji Jetha Trust Deed was accused of conspiracy to transfer the building on Latema Road valued at Sh230 million.

He denied the offence when he appeared before Milimani Chief Magistrate Susan Shitubi, an offence be allegedly committed with others not before court.

The court heard that he committed the offence on unknown dates and place jointly with others.

It is alleged that he conspired to defraud the Trust the land and a five storey on LR. No. 209/2303 IR. No. 81316, situated along Latema Road.

The court heard that he conspired to fraudulently transfer, sell and convert the property for use not authorized by the Trust Deed.

Kotendia is further accused that on or about March 15, 2019 at Catherine Ngunjiri Advocates office within Nairobi County, with intent to defraud the beneficiaries of the Trust, he fraudulently transferred and sold the said property against the wishes and use authorized by the Trust.

The prosecution told the court that he swore an assent upon a matter of public concern to the effect that a five storey building, which was registered in his late father’s name Jayantilal Lalli Mulji, giving authority to convert for use not authorized by the Trust Deed.

It is alleged that he committed the offence on December 11, 2012 at Victoria M. Mwangome, a commissioner for oaths.

He was released on a bond of Sh2 million or alternative Cash bail of Sh1 million pending hearing and determination of the case.

TRADER DENIES DEFRAUDING CLIENT IN ELECTRONIC DEAL.

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BY NT CORRESPONDENT.

A trader has been charged with Sh2.6 million fraud.

Mohammed Sharif Diriye appeared before Milimani Chief Magistrate Susan Shitubi over accusations of defrauding Abdi Hussein.

Diriye is accused of obtaining USD 18000 (2,651,400.00) from Abdi on diverse dates between March 15, 2023 and July 31,2023, within Nairobi.

The court heard that he obtained the millions by falsely pretending that he was in a position to import used electronics from the United States of America, yet he knew he could not.

The prosecution opposed Diriye’s release on cash bail arguing that they needed time to file affidavit stating the reason not release him on bail.

DR. GITHINJI SAYS LAWYER MBOYA HAS NO BASIS TO CHALLENGE HIS APPOINTMENT TO THE BOARD.

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Dr. Charles Githua Githinji Chairperson of the Pharmacy and Poisons Board.

BY SAM ALFAN .

The chairperson of Pharmacy and Poisons Board Dr Charles Githinji has clarified that he is not a doctor or dentist but a registered pharmacist.

In response to a case filed at the High Court seeking his removal from the post, Dr Githinji maintained that he could not be subjected to disciplinary by Kenya Medical Practitioners and Dentists Board.

Dr Githinji said in response to the petition filed by lawyer Apollo Mboya that he challenged the decision by the board to fine him Sh27,000 for gross misconduct and for acting beyond his calling.

The board had slapped him with the fine following the death of a minor, after allegedly failing to take his medical history, leading to improper diagnosis and inappropriate prescription.

He was also fined for masquerading as medical practitioner, engaging in diagnostic and curative services, but he says the findings were quashed by the High Court.

“That the said decision was and remains a nullity in law and any cause of action (like the present) one sought to be premised on such a nullity, is a nullity in itself,” says Dr Githinji.

Mboya moved to court seeking to quash the appointment of Dr Githinji, made on January 20, 2023 as the chairperson of the board.

Dr Githinji, however, said he challenged the board’s decision after arguing that he was not a doctor or a dentist but a registered pharmacist and was therefore, not subject to the disciplinary jurisdiction of the board.

He further that the High Court ruled that the Medical Practitioners and Dentist Board decision was ultra vires in that it exceeded its rightful jurisdiction.

According to Dr Githinji, the findings and holdings by the court is clear beyond doubt that the Board went beyond its jurisdiction when it purported to sit and determine a complaint against him.

He says that the conviction by the KMPD Board on which the suit is solely premised, no longer exist rendering the entire petition a still-birth.

Dr Githinji further states that court was never called to investigate or determine his professional suitability and there is a clear and wide distinction between professional negligence and professional misconduct.

WIN FOR COMPETITION REGULATOR AFTER TRIBUNAL UPHOLDS SH7.2 MILLION FINE SLAPPED AGAINST MAKINI SCHOOL.

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Makini School which has lost appeal to set aside penalty of Sh7,2 million.

BY SAM ALFAN .

International school Makini has suffered a blow after Competition Tribunal upheld a fine of Sh7.2 million imposed by competition watchdog over failure to involve the authority while acquiring a campus in Kisumu a few years ago.

The competition Tribunal upheld the fine imposed by the Competition Authority of Kenya (CAK) over the failure to seek approval when it acquired R.K Bhayani Nursery & Primary School in Kisumu in 2019.

Led by Chairman Daniel Ogola and members including Valentine Mwende, Odongo Okeyo, Kiprop Marrirmoi and Raymond Nyamweha the Tribunal dismissed claims by Makini that the business was in the processing of being wound up, after the death of its founder, Mr Narandas Ratanshi Bhayani.

“We find that penalty imposed by the Competition Authority of Kenya was justified as per the provisions of section 42 (6) of the Act,” ruled the Tribunal.

In the ruling, the Tribunal determined that Makini School was in violation of section 42 (2) of the Act and there was merger, and the approval of Competition Authority was not sought.

It was the Tribunal’s finding that the school was capable of being acquired and that the students and teachers of Bhayani were assets capable of being acquired by the Makini School.

The Tribunal noted that the students and teachers were in fact acquired by the Makini School.

“The students and teachers were not bare assets but constituted an enterprise and therefore the Appellant in acquiring them took control of a going concern.

Therefore, the acquisition of the Target’s business constituted a merger within the meaning of sections 2 and 41 of the Act,” the tribunal said.

The Authority had earlier slapped Makini slapped Makini School with a penalty of Sh36,199,380.95 but later reviewed it to Sh7,239,876 after mitigation.

Makini School being dissatisfied by the CAK’s and filed appeal before the Tribunal seeking to quash the decision.

The school argued that CA erred in fact and in law as aforesaid as a consequence of misapprehending, misconstruing or disregarding material evidence produced by Makini and thereby proceeding to declare the conduct of the school to constitute an infringement of Sections 42(2) and/or 43 of the Competition Act and an offence under Section 42(3).

Makini further argued that Competition Authority erred in law and fact by deeming the conduct of Makini School to have constituted a merger as defined in Sections 2 and 42(1) of the Competition Act (No. 12 of 2010).

“The Competition Authority erred in law and fact by finding that the Appellant had acquired a whole or a part of the business of the R.K Bhayani Nursery & Primary School, the purported target undertaking,” argued Makini School.

The competition Authority maintains that there was a transaction between Makini School and Bhayani School and the same amounted to a merger and asserts that the conduct of the Appellant in the circumstances was contrary to Section 42(2) of the Act and the financial penalty imposed subsequently was justified.

While welcoming the Tribunal decision, the regulator said that the judgement reaffirms the legal requirement in the Competition Act that no person, either individually or jointly, may implement a proposed merger in the national economy unless it is approved by the Authority or has been excluded from notification.

FORMER KENYA PIPELINE COMPANY EMPLOYEE DENY CONSPIRACY TO STEAL FUEL.

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Kenya Pipeline employees Reuben Andolo Aseneka ,Joseph Mugua Mwai and Mutai Micah before Kisumu Court where they denied charges./PHOTO COURTESY OF ODPP.

BY SAM ALFAN .

Two former employees of Kenya Pipeline Company and a driver have been charged with conspiracy to steal oil worth Sh 2.4 million from the state corporation.

Reuben Andolo Aseneka, Joseph Mbugua Mwai and Mutai Micah appeared before Kisumu chief magistrate D. Onyango and denied the charges.

The charge sheet stated that the three conspired to steal 13,852 litres of Motor Spirit Premium (MSP), loaded on a tanker.

The oil was valued at Sh2,431.178 and belonged to OMC but was in the custody of KPC.

It is alleged that they committed the offence on September 8, 2022 at KPC’s terminal in Kisumu, with others not before court.

Aseneka and Mutai were separately charged with interfered with fuel facs and acculoads by illegally changing meter factor.

The court heard that without lawful excuse, the duo interfered with fuel facs and acculoads by illegally changing meter factor from 0.99532 to 0.65806 leading to the excess loading of 13,852 litres of Motor Spirit Premium (MSP) onto the road tanker Reg. No. KBJ 546D/ZD 1473.

It was further alleged that being a principal technician, Electrical Section at the Nairobi terminal, Mutai illegally and remotely gained unauthorized access to the fuel facs systems of the instrumentation and control section, computer system for KPC Kisumu terminal and made unauthorized change of meter factor.

The move according to the prosecution led to the excess loading of 13,852 litres of MSP onto the said load tanker valued Sh. 2,431,178/=, the property of Oil OMC which pa custody of KPC.

The prosecution led by Senior Assistant DPP Catherine Mwaniki, Patrick Okango and Shitsama Lighami their release on bond, arguing that the offence the trio committed was economic sabotage, a serious crime.

The magistrate, however, in his ruling said the right to bond, although not absolute, is a right accorded to all accused persons.

The court ordered them released on a bond of Sh 500,000 and a surety of a similar amount each.

The case will be mentioned on October 3 for pre-trial.

BUSINESSMAN DENIES DEFRAUDING SUPPLIER SH36 MILLION.

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Businessman Dedan Waithaka Mwangi before Milimani Law Courts magistrates where he denied charges./PHOTO BY IRENE ONYANGO.

BY IRENE ONYANGO.

A businessman has been charged with defraud a supplier of millions of shillings.

Dedan Waithaka Mwangi appeared before Milimani Chief Magistrate Susan Shitubi over allegations of conspiring to defraud Barcons and Partners Limited of Sh36 million.

The charge sheet stated that he committed the offence jointly with others not before court between June 1, 2021 and September 10, 2021.

The court heard that by use of fraudulent tricks, Mwangi caused Barcons and Partners Ltd to pay Leeran Ltd. Sh36 million for 32,500 litres of substances fraudulently represented to be Pramitol Herbicide.

The substances were to be supplied onwards to an entity fraudulently represented as the Serengeti Mara Trust.

He denied the charges and was released after depositing cash bail of Sh4 million.

NEW TWIST IN NAIVAS DISPUTE AS BENEFICIARY WANTS SIBLINGS JAILED IN SHAREHOLDING FIGHT.

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Naivas Supermarket.

BY SAM ALFAN .

The family of the founder of Naivas Supermarket has taken a new twist after a beneficiary sought the jailing of his siblings for allegedly disobeying court orders.

Newton Kagira Mukuha says in an application filed before the High Court that some 11 beneficiaries who are directors of Naivas supermarket, Naivas International, Gakiwawa Family Investment, Mambo Retail limited and IBL Group, should be jailed for six months.

Kagira said in the application through Peter Gichuru of Ahmednasir Abdullahi law firm that the siblings should be jailed over the latest changes in the shareholding and directorship of the company, which was founded by their father the late Peter Mukuha Kago.

Among those he wants jailed are Martha Waithira Mukuha (widow), Teresia Njeri Mukuha, Grace Muthoni Mukuha, Mukuha, Newton Kagira Mukuha, Grace Muthoni Mukuha, Hannah Njeri Mukuha, and Grace Wambui Mukuha.

Others are Linet Wairimu Mukuha, David Kimani Mukuha and directors of Naivas supermarket, for allegedly disobeying court orders issued on November 2021.

“The respondents have in sheer breach and violation of the order of the court resulted to the disposal and or interference with the shareholding and ownership of Naivas Ltd,” he said in the application.

He said efforts to urge them to desist from interfering with the shareholding have been ignored.

In the court documents filed before Nakuru appellate court, Kagira also wants the court to order and direct that all the transactions as from 25th November 2021 involving any direct or indirect sale or acquisition of Naivas Ltd stake through Naivas International or otherwise be cancelled.

He further seeks court to Order or direct the beneficiaries and directors of Naivas supermarket to Jointly and severally disclose and file in court all relevant documents showing the sums paid or received on account of any directly or indirect sale or acquisition of Naivas Ltd through Naivas International or otherwise.

“In the alternative the court be please to Order or direct that any monies paid to or received by the beneficiaries and directors whether jointly or singularly on account of any transaction as from 25th November 2021 involving any directly or indirect sale or acquisition of a stake in Naivas Ltd through Naivas International or otherwise be deposited in Court within Seven or such other time as this Court may direct,” seeks Kagira.

He said the court issued an order on November 25, 2021, directing the parties to maintain the status quo.

He states that prior to the death of their father, the shareholding and directorship of Naivas Ltd were Simon Gashwe Mukuha (12,500 shares), David Kimani Mukuha (12,500 shares), Peter Mukuha Kago (10,000 shares), Linet Wairimu Mukuha (7500 shares) and Grace Wambui Mukuha (7500) total of shares 50,000.

He further states that following the decisions of the Superior Court dated 31 October 2014 and 6th October 2016 (which are now the subject of several cases) the deceased estate was distributed.

Simon Gashwe Mukuha (now deceased), David Kimani Mukuha, Linet Wairimu Mukuha & Grace Wambui Mukuha proceeded and acquired the shares previously held by his father.

Consequently, as at 1″ April 2018, the shareholding of Naivas Ltd were Simon Gashwe Mukuha 14,500 shares, David Kimani Mukuha 14,500 shares, Linet Wairimu Mukuha 10,500 and Grace Wambui Mukuha 10,500 total 10,500.
And by a resolution of April 24, 2018, Simon Gashwe, David, Linet and Grace transferred all their shares in Naivas Ltd to a Company known was Naivas International.

However, they remained as directors of Naivas Ltd.

Naivas International, he said, was incorporated as a private company in Mauritius on or about 16m October 2015.
As at 25th March 2019 its shareholders, directors and Company Secretaries were Gashwe 29 shares, David 29 shares, Linet 21 shares and Grace 21 shares total 100 shares.

The directors are Jaimie Chin Moy Lai Choo, Marie Catherine Yow Mook Yuen, David, Grace, Linet and Gashwe.

He states that on or about 21″ November 2017, David, Grace, Gashwe and Linet incorporated another Company in Mauritius known as Naivas Holdings Ltd (Reg No. C151902) and on or about 8th August 2018, Naivas Holdings Ltd changed its name to Gakiwawa Family Investment. As at 25th March 2019 its shareholders, directors and Company.

Subsequently on or about 24 April 2018, David, Grace, Gashwe and Linet as directors and shareholders of Naivas Ltd passed a resolution allowing the transfer of all their shareholding in Naivas Ltd to Naivas International.

The affidavit further states that vide the same resolution it was resolved that each shareholder of Naivas Ltd would get an equal value of shares in Naivas Holdings in consideration of the shares that they were transferring to Naivas International.

“It was also resolved that Naivas Holdings would pay the consideration for the transfer because it would hold shares in Naivas Supermarkets through Naivas International,” he states.

He adds that following the death of Gashwe in August 2019, his Son Charles was appointed the Administrator of his estate. Subsequently, vide a resolution dated 9th March 2020 by Naivas Ltd,

Simon (deceased) was removed as director and on the same day Charles together with one Peter Mukuha Kago & Mercy Irene Waithera were appointed as new (incoming) Directors of Naivas Ltd.
On 14th April 2020, the necessary Notification of Appointment of the incoming directors of Naivas Ltd was filed with the Registrar of Companies.

Sometime in February 2020, Gakiwawa Family Investment sold a 30% stake in Naivas International to a group of investors comprising of International Finance Corporation (IFC). German Fund (DEG), MCB Equity Fund & Amethis Retail.

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