BY NT CORRESPONDENT.
A business man has been arraigned before court and charged with stealing millions from Kenya Commercial Bank.
Leornad Ndunda Kivuva appeared before Milimani Senior principal magistrate Bernard Ochoi and pleaded not guilty to the charge.
Leornad Ndunda Kivuva is accused that on dates between November 2, 2019 and November 13, 2019 at KCB Bank Limited Lavington Branch in Nairobi, jointly with others not before court stole 10 Million property of the said Bank.
He was released on a cash bail of Sh 800,000 and alternative bond of 2 million.
The criminal case will be heard on January 16, 2020.
BY NT CORRESPONDENT.
A businessman has been arraigned and charged in court with conspiring to defraud Nairobi City County by pretending he could get authority to carry out demolition works.
Stephen Otieno Oduor appeared before Milimani senior resident magistrate Muthoni Nzibe and pleaded not guilty to all the charges against him.
Otieno is alleged to have pretended that he was in a position to assist the Directors of Lexis International Limited get the said authority and another authority to excavate and transport soil on October 10.
Otieno is further charged with forgery where he allegedly forged an authority to carry out demolition works document and a demolition fee receipt on October 18 in Nairobi county.
According to the charge sheet presented before the court, accused purported that a genuine document issued by Pancras Wamwandu Mwakazi, an officer working with planning department in Nairobi City County government.
Otieno is also charged with obtaining Sh 90,000 from Francis Mukiti Muandikwa by claiming he was in a position to obtain the authorities at the Nairobi CBD.
He was released on a cash bail of 20,000 with an alternative bond of 20,000.
The matter will be mentioned on December 3.
BY NT CORRESPONDENT.
Kituo cha sheria and thirty three parents of late students from Garissa University College University have moved to court seeking orders to compel the state to furnish them with the investigations report they hold I’ve the 2015 terror attack.
In their petition they are also asking high court to certify their petition urgent and place the file before Chief Justice David Maraga to appoint a bench to hear the petition since it raises substantial questions of the law.
They argue that there substantive legal issues touching on gross violation of human rights during a terrorist attack and remedies available in the circumstances.
“The petition raises novel questions bon whether there is an obligation on the part of the state to provide security in times of a terror attack and and issues raised are touching on terrorism , human human rights and national security which have not been considered in any other forum in the country”, said the petitioners.
They further said that the petition is predicted on the Independent Policing and Oversight Authority and Commission on Administrative Justice furnishing investigatory reports as the petitioners view the reports as key so their protection and exercise of theirs rights in the constitution.
They added there is a greater public interests in disclosure of the information in ensuring the petitioners obtain a remedy from the court and further promoting accountability by public bodies and servants.
Petitioners the national security of the country will not be prejudiced if the reports are made available in any case the courts can apply various measures to ensure protective disclosure is made to the court itself or to the advocates.
“The issue of national security do not fall beyond the jurisdiction of the court and the court ought to be furnished with such reports in exercise of its judicial authority as provided in our constitution”, added the petitioners.
BY NT CORRESPONDENT.
A businessman has been charged before a Nairobi court with conspiracy to defraud over Sh20 million.
Peter Njuguna Chomba appeared before Milimani Principal Magistrate Hellen Onkwani and pleaded not guilty to fraudulent charges.
He is accused that between October 23 and November 2, 2018 at Kenya Commercial Bank Limited, Upper Hill Platinum branch in Nairobi, jointly with others not before court, conspired to defraud Joseph Ndiria Chege of USD 201,500 (20,150,000) from his account at KCB bank Moi, Avenue branch.
Chomba is also accused that on October 23, 2018 at KCB bank Upper Hill platinum branch stole USD 99,550 dollars from Joseph Ndiria Chege from his KCB bank account.
Prosecution further accused him that on November 2, 2018 at KCB platinum Upper Hill branch stole USD 99,500 from Ndiria’s account at KCB Bank.
The accused was remanded in custody pending bail ruling and consolidation of the case with another case, which is pending before court.
BY SAM ALFAN.
A Nairobi court has suspended an order obtained by a businessman who attempted to evict tenants in a land owned by the family of late politician Gerishom Kirima.
Milimani senior principal magistrate Grace Mmasi suspended the execution of the judgment and order, evicting the family from the disputed property, pending hearing by all parties.
Nairobi Governor Mike Sonko two days stopped the forceful eviction land grabbing in city park estate in parklands.
He vowed not relent on the fight against land grabbing and impunity orchestrated by land cartels in Nairobi.
Nurez Iqbal Dauad filed an application under a certificate of urgency seeking to set aside the judgment, which was obtained ex-parte by Peter Munyiri Kaka Arina, who claims to own the property.
“Peter Munyiri apparently obtained an exparte judgement in default of appearance and defense and further obtained orders of eviction against me,” Dauad said.
The court was told that Munyiri has already initiated the process of execution and is likely to evict Dauad from the disputed property.
He added that the manner in which the judgment was obtained is a misuse of court process since another case is pending before the High Court, where presevatory orders were issued in favour of Dauad.
He added that the case by Munyiri was filed without jurisdiction and is an attempt to side track and avoid the pending case at the High Court.
In a supporting affidavit, Nairobi Governor Mike Sonko said Dauad is the registered owner and rate payer.
The Governor said he is personally privy to all the information relating to the case and the dispute surrounding the property.
He told the court that sometime last week hired goons went on the suit property seeking to effect the orders and judgment allegedly obtained ex-parte.
He revealed that he was personally present when the said goons invaded it and tried to evict Dauad.
Sonko further added that Dauad and the county government of Nairobi who should have been made parties to the case because they have a good and valid defense to the claims and ought to have been given a chance to defend the case.
“It is my prayer that it would be irregular to let the present illegal judgment stand and pray to have the present application heard urgently and the orders sought granted so that the defendant and the county government of Nairobi can be given a chance to agitate their defense,” said the governor.
The city boss added that the stand to suffer irreparably and it is therefore imperative that the application is placed before the duty court fourth with for preservation orders.
The goons arrested when the governor stopped the eviction were charged with erecting building structures on the said property.
Kennedy Otieno Ochieng and Simon Ogolla Onyango were charged that in November 17, at 11am along Limuru road in Westlands, being the developers, did carry out the development of a building without approval of Nairobi County Government.
They were released on a cash bail of Sh50,000 each and the matter fixed for hearing on December 4th.
Kenya Judges and Magistrates Association Derrick Kutto with President Justice Jacqueline Kamau at Milimani Law Courts where they issued a press statement urging president Uhuru Kenyatra to appoint judges nominated by Judicial Service Commission on Tuesday November 19,2019./PHOTO BY S.A.N.
BY SAM ALFAN.
Kenya Judges and Magistrate Association has urged President Uhuru Kenyatta to gazette judges recently appointed by the Judicial Service Commission (JSC).
In a press statement, the association through secretary general Derrick Kutto urged the president to uphold the constitution by appointing the judges nominated by the JSC. He was flanked by the association President Justice Jacqueline Kamau, vice president Everlyne Olwande, treasurer Mark Ekhubi, vice secretary general Muktar Salat and vice treasurer Charles Ondieki
They said months since the JSC nominated several judges to court of appeal, President Kenyatta has not appointed the nominees to take their offices to serve Kenyans.
“This is an affront to the constitution and rule of law and waters down the institution independence of the judiciary. It takes us back to the old order which Kenyans assertively put behind them,” said Kutto.
He added that failure by the President to appoint judges nominated by the JSC for various courts around the country has led to backlog of cases.
He further said that one of the pillars for sustaining judiciary transformation (SJT) blue print is “action on case backlog” and despite their small numbers of judges and magistrates have been burning both ends of the candle to reduce case backlogs. He said the judicial officers can only do so much.
“With this limited number, these efforts amount to naught. This has had the net effect of showing down the administration of justice. Wanjiku cannot celebrate when his or her case cannot be heard and determined in the shortest time possible,” added Kutto.
Justice Jacqueline Kamau said it is against this background that JSC advertised, shortlisted and interviewed applicants for various vacant positions and upon selection, the names were forwarded to the President for appointment as required by the constitution.
She added that statistics show that there about 400,000 cases being filed per year against a diminishing number of Judges and Magistrates.
BY SAM ALFAN.
The trial of three men who presented themselves as officers from the anti-graft body is ready to start after the prosecution supplied the defence team with all witness statements.
The three allegedly presented themselves to Kilifi County Governor Amazon Kingi claiming to be officers from Ethics and Anti-Corruption Commission (EACC).
The court heard that six witnesses will testify against George Ngugi, Moses Musee Maluki and Abdul Aziz Slim.
Milimani Anti-Corruption Chief Magistrate Lawrence Mugambi said no excuse should be allowed once trial commence. The prosecution said it will required a total of 14 hours to conduct their trial.
The three are charged that on June 20, 2018 at Gracia Hotel in Kilimani area in Nairobi County not being EACC investigators, presented themselves as the commission investigators to Governor Kingi allegedly investigating corruption related cases against him.
It is further said the three represented themselves to Kilifi Governor liaison officer Ahmed Ibrahim as investigators, allegedly investigating corruption related cases against the said Governor.
Three together with Noah Akala Aduwo are accused on the same dates at Gracia hotel in Kilimani in Nairobi jointly with intent to extort Sh30 million from the Kilifi boss, threatened to accuse him of corruption offences.
The four are also accused conspiring to extort the said Governor Sh30 million.
George is out on a cash bail of 2.5 million and the rest cash bail of 600,000.
BY NT CORRESPONDENT.
A Nairobi businessman has been charged with three counts of threatening to kill over owed debt.
Innocent Ochieng appeared before Milimani Principal Magistrate Hellen Onkwani and denied two counts of threatening to kill.
The court first heard that he threatened Guru Manku by uttering words “if you don’t pay my money by Friday you will see me,” while pointing a pistol at him. Ochieng is alleged to have committed the offence on November 13, 2019 at Brookside drive in Westlands.
On the second count, it is alleged that he threatened Parminder Singh and Mary Akinyi on the same day, in the same house.
The court ordered him to deposit bond Sh500,000 plus one surety, to secure his release.
The case will be heard on December 28, 2019.
21 year old musician Eric Obiero Nyadida who has sued Equity Bank Limited and Equity Group Foundation over using his intellectual works in “wings to fly” advertisements testifying before Court on Monday November 18,2019/PHOTO BY S.A.N.
BY SAM ALFAN.
A 21 year old man has sued Equity Bank (Kenya) Limited and Equity Group Foundation for allegedly using his intellectual works in “wings to fly” advertisements.
Eric Obiero told justice Wilfrida Okwany that he has constantly been asking for his money but the bank charged him with attempting to defraud them of Sh 10 million.
“I was 16 years when the bank told my brother and I through a letter that we had committed a criminal offence and we were to take statements the next day at Equity center,” Obiero told the court.
Obiero revealed that a security guard, Joachim Ithumbi refused to take his statement and said ‘the bank does not want anything to do with that matter and we are ready to do anything to defend ourselves’.
Later,Nyadida and his brother were taken to Banking Fraud Unit at the Central Bank and finally detained at the Kileleshwa police station and the next day, he was charged alongside his brother at a Milimani court with fraud where they both pleaded guilty.
In a case under certificate of urgency, Eric Obiero Nyadida is seeking orders to stop Equity Bank Limited and Equity Group Foundation from using his piece of music titled “wings to fly” in their advertising campaigns for the Equity Group Foundation wings to fly project either on an internet based platform or the television or radio.
Obiero said the bank has continued to use the music, which he is the intellectual property owner without any valid license, consent or approval.
Through Lawyer John Khaminwa, Obiero wants the court to issue temporary orders stopping the Bank from using his piece of music from any platform whether radio or media platform whatsoever of the Equity Group foundation projects called wings to fly pending hearing and determination of the matter.
“Obiero’s right to protect and benefit from his intellectual property is protected under the provisions of Article 40 (5) of the constitution and the copyright Act 2011 of the laws of Kenya which right has an continues to be infringed by the Equity Bank Limited and Equity Bank Foundation who are using and benefitting from project wings to fly”, said Obiero.
He said the piece of music is his original works and creation and thus his Intellectual Property, which he enjoys and is protected by the law. He said the use by Equity bank has not borne any benefit to him.
He told the court that Equity Bank colluded with Director of Public Prosecution and National Police Service to have him charged but he and his co-accused were later acquitted.
The petitioner said it was a ploy to intimidate him from pursuing his right to compensation from the Bank, for using his music. He claimed he was 16 years old when he was charged.
Obiero said his fundamental rights continues to be breached and unless Equity Bank is restrained, he stands to suffer a great loss and damage.
He said he was a student and a budding musician with his manager called John Kennedy who was able to get him an opportunity to create original piece of music that could be used by the Equity Bank and Equity Group Foundation in wings to fly project.
The copyright of the song was registered on May 14, 2013 as per the court documents.
He said he met with Edward Muchai who introduced himself as Equity Bank Communication manager and gave him a compact disc and after listening to it on his computer he told that he write a proposal that would be presented to the Equity Bank’s Chief Executive Officer for consideration.
He returned after one week to Muchai who after reading the proposal sent him to the offices of the Chief Executive whom they met and after reading the proposal, the chief executive Dr John Mwangi allegedly said he liked it and wanted it implemented. He said he was directed to go and see a Mr Kibiru, an officer with the Bank.
Kibiru presented to him with a documents titled “BUYING OF COPYRIGHTS” which stated that they were buying the rights of his sing for Sh10 million. Muchai explained the contents of the documents to him and asked him to sign which he did.