Wednesday, January 22, 2025
Home Blog

EGYPTIAN INVESTOR MOVES TO COURT IN BID TO UNFREEZE HIS BANK ACCOUNTS.

Egyptian developer Elsaei Waseem Ahmed Ahmed who wants orders freezing his two Bank accounts set aside.

BY SAM ALFAN.

An Egyptian developer have moved to court seeking to set aside orders issued freezing his two Bank accounts of disputed Sh134 million in a botched housing deal.

Elsaei Waseem Ahmed Ahmed wants the High Court to suspend the enforcement or implementation of the orders granted on 3rd December, 2024.

The developer further wants the court to direct or compel Diamond Trust Bank to immediately unfreeze his shilling and dollar bank accounts, and allow him to run or operate the accounts.

“The freezing orders have denied him and his client’s access to their funds, constituting a breach of their constitutional right to property under Article 40 of the Constitution of Kenya,” the Egyptian told the court through his lawyer.

The Egyptian adds that the claim to freeze the business accounts would result in severe prejudice his business, including halting construction works, delaying payments for services already rendered, and affecting the ability to meet obligations to other clients.

Last year, Justice Njoki Mwangi froze the bank accounts at DTB bank belonging to the Egyptian, pending the determination of a petition filed by Rwandese Jean Baptiste Uwemeye and his children.

Baptiste and his children sought a court injunction restraining Elsaei from transferring, dissipating, or otherwise disposing of any funds or assets traceable to him.

Baptiste, Kelvin Rakundo and Ken Stella Teta also sought court orders to compel the Directorate of Criminal Investigations (DCI) to investigate Elsaei’s conduct regarding the alleged fraudulent acquisition of USD 1,040,000 (equivalent to Sh.134,166,576.96) from the him and the report be filed in court.

But the developer says the funds in the accounts which the Rwandese sought to freeze are business funds that are critical for his ability to pay salaries to employees, contractors, and meet ongoing financial obligations related to the construction of other ongoing projects.
He claims that he was not accorded a chance to be heard before the orders freezing its bank accounts were issued.

According to Elsaei, the funds alleged by the Rwandese investors to have been paid have already been fully utilized more than two years ago, for the development of the building that the Rwandese agreed to purchase off-plan.

The funds in question, he said, were used to develop the property, as per the agreement between the parties.
He adds that the building in question is a 150-unit apartment complex that has been fully constructed, sold, and occupied by other clients.

“The only delay in handing over the property to the Rwandese has been caused by changes they requested after the completion of the building, which include high-end finishes and the addition of a bar in a residential area, which clashed with urban planning policies,” Elsaei told the court.

He claims that the Rwandese investors are misleading the court by failing to disclose that the building is complete, and their claim that he has not fulfilled his obligations is misleading, as the property has been fully developed and sold to other clients.

He further argued that the freezing of his business accounts will cause undue hardship, as it will prevent him from completing ongoing projects and paying employees, which will harm not only him but also clients who depend on his services.

The Egyptian added that there have been several communications, including out-of-court settlement discussions, where he informed them that they could sell the property and be compensated for their funds.

“Despite this offer, Rwandese investors have continued with the current legal action without disclosing these facts to the Court,” he claims.

According to him, Rwandese investors claims fail to account for the expenses incurred by him, including agency fees (3% of the transaction value) and other out-of-pocket expenses related to changes requested by them, which remain unpaid.

Please follow and like us:

JUDGE WARNS OF DARE CONSEQUENCES ON ALLEGED RELEASE OF WITHHELD CARGO BY KRA.

High Court Constitutional Division Judge Bahati Mwamuye who said there will be serious consequences if Kenya Revenue Authority released Blue Nile Rolling Mills Ltd consignment./PHOTO BY S.A.N.

BY SAM ALFAN.

A judge has warned of serious consequences if Kenya Revenue Authority (KRA) has released a withheld consignment to Blue Nile Rolling Mills limited, which was imported under Special Operating Framework Agreement.

Justice Bahati Mwamuye said there will be consequences if the withheld goods had been released against his orders.

“If those goods have been released there shall be extremely serious consequences if they are not able to satisfy me why I should do something else,” said Judge Mwamuye.

The judge issued the warning after Senior Counsel Ahmednasir Abdullahi alleged that a lawyer was using court orders to solicit for bribes.

Last year, the court issued the orders blocking the release of the consignment belonging Blue Nile Rolling Mills Ltd, pending the determination of an application filed by Elvis Charo Kasena, James Maina Magare and William Mohaa Masengo.

The three urged the court to restrain KRA and its officers from further approving or permitting tax exemption, waiver or tax reduction pursuant to the Special Operating Framework Agreement (SOFA) signed between the manufacturer and the ministries of Treasury and Trade Ministries and Industries.

The three petitioners further urged the court to issue summons against the directors of the firm Botu J Rao. Kranti Kumar and Kutni Kumar, as well as the KRA Commissioner General Humphrey Watanga to appear in court.

They want the directors and the KRA boss to show cause why they should not be committed to civil jail for contempt of court.

They claimed in the petition that Kenya has lost an estimated Sh199 million in taxes as a result of the Sopa granted to Blue Nile Rolling Mills.

The 10-year exemption was granted to Blue Nile Rolling Mills and 17 other firms, on import taxes

But the petitioners allege that the exemptions to the steel manufacturer, created an uneven playing field in the steel industry and deprive the government of revenue.

The application also sought an order staying the implementation or enforcement of the Sofa between the ministry and the manufacturer.

Please follow and like us:

PROGRESSIVE CREDIT EMPLOYEE CHARGED WITH STEALING OVER SH20 MILLION.

Progressive Credit limited employee Nicholas Muia Kyengo before court where he denied stealing millions from employer./PHOTO BY S.A.N.

BY NT CORRESPONDENT.

A man has been charged with conspiracy to defraud over Sh20 million from a lender.

Nicholas Muia Kyengo appeared before various Milimani Magistrates court and denied the charges.

Progressive Credit limited employee Kyengo is accused that on the diverse dates between 11th day of March 2022 to 17th day of July 2024 Nairobi County jointly with others before court, conspired to steal Sh10,478,460 property of Progressive Credit limited.

Prosecution told the court that On the diverse dates between 12th day of February 2022 to 19th day of July this year within Nairobi County jointly with others before court, Kyengo conspired together to steal Sh6,209,840 property of the lending financial institution.

Kyengo is further charged with stealing Sh 5,824,570 which came into his possession by virtue of employment.

He was released on a cash bail os Sh500,000 pending hearing and determination of his criminal case.

Please follow and like us:

WIN FOR WETANGULA AFTER COURT DISMISSED SH200,000 CLAIM FOR TRAINING HIS DOG.

National Assembly Speaker Moses Wetangula.

BY SAM ALFAN.

National Assembly Moses Wetang’ula has won a reprieve after a Nairobi court dismissed a case by a man who sought more than Sh200,000 as payment for allegedly training his dog.

The Small claims court dismissed the case by Isokat Bethwel after he failed to prosecute the case.

Isokat had claimed that he sold and trained the German shepherd for Wetang’ula but he refused to pay the agreed amount.

The case was dismissed after the complainant failed to show up in court to prosecute the matter.

Isokat was ordered to pay Wetangula Sh15,000 for the costs incurred in defending the matter.
In reply to the complaint, Wetang’ula said he fully paid Isokat.

According to Wetang’ula, he paid Sh100,000 to Isokat as per the agreement.

Wetang’ula said Isokat filed the claim to camouflage himself as a victim in a fictitious claim with malicious objective, hoping to extort money from him.

“This frivolous claim is intended to malign, vex and annoy me as well as embarrass and attract negative publicity against me,” adds Wetang’ula.

He said the complainant wrote him a message on WhatsApp on 26th June 2024 demanding Sh214,000.

He said he did respond to the message and he categorically informed him that he did not owe him any monies.

He argues that at no point did he contract Isokat to train the dogs for an alleged Sh50,000 or at all.

“I am categorical that Bethwel did not offer any training to the dogs post-delivery and there was no contract between him and Bethwel for post-delivery training,” said Wetangula through Stephen Apopo Okumu.

The lawyer said he was present when the oral contract between Wetangula and Bethwel was entered, and he can confirm that there was no contract for training the dogs post-delivery.

“The purported training post-delivery and owed training costs as alleged by the Bethwel are imaginary and or pure falsehoods. Bethwel in an attempt to extort money from Wetang’ula has made and publicized frivolous and fictitious demands in an attempt to humiliate and pressurize him to pay nonexistent dues,” says Apopo.

Wetang’ula said he is a stranger to the invoice dated 11th June, 2021 and delivery note dated the same day as presented to this court by the Claimant. The same were never supplied to him before, during or on conclusion of the said dog’s transaction.

According to Wetang’ula, he has never been furnished by Bethwel with the said documents before, during or after the sale.

Please follow and like us:

CAR DEALER KHALIF KAIRO DETAINED AWAITING BAIL RULING.

BY SAM ALFAN.

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.

Please follow and like us:

MAN CHARGED WITH STEALING MONEY FROM A DEAD MAN ACCOUNT.

BY NT CORRESPONDENT.

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.

Please follow and like us:

MAN CHARGED WITH DEFRAUDING BUSINESSWOMAN SH880,000 PRETENDING HE WAS IN A POSITION TO SELL HER A CAR.

BY NT CORRESPONDENT.

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.

She was released on a cash bail pending trial.

Please follow and like us:

TWO IN COURT OVER SH223 MILLION GOLD FRAUD.

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.

They were released on a bond of Sh2 million each.

Please follow and like us:

ATTEMPTED SUICIDE IS NOT A CRIME -HIGH COURT DECLARES.

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).

Please follow and like us:

WIN FOR SONKO AS COURT QUASHES TWO MAIN COUNT IN SH20 MILLION GRAFT CASE.

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.

Please follow and like us: