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REREC RECEPTIONIST CHARGED WITH FORGERY.

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BY PHOEBE WANJOHI.

Rural Electrification and Renewable Energy Corporations (REREC) receptionist has been charged with forgery of Diploma Certificate from Kenya Institute of Business Management (KIM).

Teresia Wanjiku Ndung’u appeared before Milimani Anti-Corruption court Magistrate Eunice Nyutu and denied charges.

She is accused of forging diploma in Archives and Records Management certificate purporting it to have been genuinely awarded by KIM.

Prosecution told the court that between May and October, 2018 Wanjiku being a person employed at Rural Electrification and Renewable Energy as receptionist she fraudulently acquired public property salaries and benefits of Sh479, 021 from REREC as salary paid after having uttered false Diploma academic certificate.

Wanjiku is also charged with uttering false documents and deceiving a public entity.

She was released on a cash bail of Sh200, 000.

WHY COURT FREED ECHESA OF MULTI-BILLION FAKE ARMS DEAL.

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BY SAM ALFAN.

Former Sports CS Rashid Echesa and his co-accused have been let off the hook over fraud charges involving a Sh39 billon fake military tender allegedly committed at Deputy President William Ruto’s office.

Milimani Senior Principal Magistrate Kenneth Cheriuyot (currently Kisumu law courts) ruled that prosecution failed to adduce watertight evidence to warrant placing Echesa and co-accused on their defence.

Echesa and his co-accused had been accused of defrauding two foreigners in a multi-billion contract to supply military equipment.

However, Chrispin Oduor Odipo has a case to answer in three counts including being in possession of instruments to commit forgery offences.

In his one hour and half detailed ruling, the Magistrate ruled that prosecution failed to avail key witnesses including the complainants to testify against the accused.

Story to be updated.

STUDENT WHO GOT MILLIONS FROM BELGIUM BOYFRIEND DENIES ENGAGING IN CRIMINAL ACTS, WANTS AMOUNTS UNFROZEN.

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BY SAM ALFAN.

An 21-year-old Nairobi Technical Institute student whose Sh102.5 million were frozen by the High Court last month has asked the court to lift the freeze saying she is not engaged in criminal activities.

Felesta Nyamathira Njoroge wants the Anti-Corruption court to unfreeze her bank account accusing Assets Recovery Agency (ARA) of failing to disclose some facts to the court, when it obtained the order.

“I am not engaged in financial and fair practices and the attempts by the respondent to Lincoln to the infringement of the provisions of the anti-money laundering act 2009 purely malicious,” she says.

She wants to be allowed her bank account accusing ARA of damaging her reputation by serializing the matter through the Press contrary to court practice regulations.

“Action in seeking orders to freeze my Bank accounts was actuated by malice for no explanation was sought from the applicant regarding the funds in her account”, says Felesta.

Felesta argues that ARA obtained sweeping and radical orders against her without making any material disclosure as to whether financial due process was not adhered to in the transfer of funds to me.

In her supporting affidavit, ARA has not served her with any court papers to date and the agency is busy painting her in bad light and no papers have been served upon her.

She further argues that ARA has disclosed her material fact a linking her with the noncompliance for financial due process.

She terms the agency application as speculative and the same as no regard with any economic rights as enshrined in the constitution that the court is a Court of Justice and law and it should not be used to assist the agency in interfering with her rights.

According to Njoroge, the court has no jurisdiction to hear the petition or grant the orders prayed for by ARA.

Court allowed ARA to freeze Felesta Bank account for 90 days to allow the Asset Recovery Agency (ARA) to establish the source of Sh102.5 million in it.

ARA suspects that the millions are proceeds of money laundering, and had, consequently, applied to have Njoroge’s account frozen.

Felesta, on the other hand, says she got the money from her Belgian boyfriend, Marc De Mesel.

Justice Esther Maina ordered the freezing of the money at Co-operative Bank, for 90 days to allow ARA establish its source.

“An order is hereby issued prohibiting the respondent (Njoroge), her employees, agents, servants or any other persons acting on their behalf from transacting, withdrawing, transferring, and, or dealing in any manner in respect of any profits or benefits derived or accrued from the funds,” the judge directed.

Justice Lilian Mutende directed to Felesta to serve Asset Recovery Agency. The matter will be heard on December 8.

PILOT AND TWO OTHERS CHARGED WITH ILLEGAL POSSESSION OF HANDCUFFS AND FALSELY OBTAINING SH1.6 MILLION.

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BY PHEOBE WANJOHI.

Three men have been charged with obtaining Sh1.6 million and being in possession with handcuffs belonging to disciplined forces.

Abdkarir Abass Nuno(pilot) , Hussein Sheik Ali and Sadiq Hussein Mohamed appeared before Milimani Senior Principal Magistrate Benard Ochoi after they were found with handcuffs suspected to have been stolen or unlawfully obtained.

The court heard that they were found with government stores (pair of handcuffs) belonging to disciplined forces suspected to be stolen or unlawfully obtained on November 30 at around 2030 hours.

They were inside a vehicle at Rubis Petrol station along Ojijo in Westlands sub-county, Nairobi.

The prosecution further said that with others not before court, Nuno obtained Sh1.6 million from Margaret Delorme by falsely pretending he was in position to lease a football field in Kilimani Primary School.

He allegedly committed the offence on diverse dates between June 1 and August 30 last year at Westlands in Nairobi.

He is further accused that on June 3 last year, at unknown place, and with intent to defraud he forged lease agreement of football club in Kilimani Primary School purporting it to be genuine lease agreement signed and issued by Ministry of Education.

They denied the charges and were released on a cash bail of Sh400,000 each.

PROPOSED NAIROBI DEPUTY GOVERNOR TO WAIT A LITTLE LONGER FOR COURT TO DECIDE HIS FATE.

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BY SAM ALFAN.

Nairobi Governor Ann Kananu to remain without a deputy for a while after the High Court extended an order barring the vetting and approving her nominee Paul Mutunga Mutungi.

Justice Hedwig Ong’udi extended the orders barring County Assembly from vetting Mutungi, pending direction of the case on January 26, 2022.

The court also consolidated the petition filed by activist Okiya Omtatah with others filed by Peter Odhiambo, George Bush and Joseph Ndung’u.

The petitioners are seeking permanent injunction restraining the assembly from vetting, approving or swearing in Mutungi as the city’s Deputy Governor.

In his petition, Omtatah argued that Mutungi is not eligible to hold the office of the Deputy Governor, because of integrity issues.

In his application, Omtatah successfully sought orders barring the approval of pending the determination of the case.

Omtatah argued the nomination, vetting and approval of Mutunga is a nullity because it was done without clearance from the Independent Electoral and Boundaries Commission (IEBC).

He also disclosed that as a person facing active criminal charges in the Anti-Corruption and Economic Crimes Division of the High Court, Mutunga is ineligible for an appointment as the DG.

The three other petitioners wants the court to declare that nomination of Mutungi as Deputy Governor is unconstitutional and contravenes Chapter 6 of the constitution.

It is their argument that the decision made by Nairobi County assembly on November 25 to approve Mutungi nomination as the Deputy Governor is illegal, unconstitutional, null and void.

MAN DENIES OBTAINING MONEY FROM PREACHER MEANT FOR REGISTRATING A CHURCH.

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BY NT CORRESPONDENT.

A man has been charged before a Nairobi court with obtaining money from a preacher pretending that he would help him register a church.

Evans Otieno allegedly obtained Sh120,000 from Joshua Lenkai, alleging that he would help him register a church at Sheria House.

Otieno denied the charge when he appeared before Milimani Senior Principal Magistrate Benard Ochoi.

The court heard that he committed the offence on diverse dates between July 2 and 29,2020 in Nairobi County with intent to defraud.

The magistrate directed Otieno to deposit cash bail of Sh100,000 to secure his release.

MAN CHARGED WITH PRESENTING FAKE DEGREE CERTIFICATE.

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BY NNT CORRESPONDENT.

A middle aged man has been charged with making fake degree certificate from Maseno University.

Ephantus Wahome Kamau appeared before Milimani Senior Principal Magistrate Benard Ochoi and denied the charges.

Wahome is accused that on unknown dates at unknown place, with intent to deceive and without lawful authority, he made a fake degree certificate purporting it to be genuine from Maseno University.

The court heard that on September 20,2018 at Jumuia place in Kilimani in Nairobi, Wahome knowingly and fraudulently presented the fake certificate dated December 5, 2008 to Leah Wanjiru Macharia of Performers Rights Society of Kenya, purporting it to be genuine a fact he knew was not true.

He was released on a cash bail Sh200,000.

COURT FROZE SH58 MILLION BELONGING TO KETRACO TOP MANAGER.

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BY SAM ALFAN.

A senior procurement manager at state-owned Kenya Electricity Transmission Company (Ketraco) has suffered a setback after the High Court froze more than Sh58 million in several accounts invested in shares.

Justice Esther Maina issued the order freezing various accounts belonging to Peter Maina Njehia with total amount of Sh58,601,915.9.

The court blocked Njehia from transferring or withdrawing money including Sh13, 557,385. 00 which is being held as share capital at Stima Sacco ltd, Sh11, 913,750.00 being held as deposit at Alpa, stima sacco, Sh10 million held in the shares account among others held in the name of Peter Njehia.

Justice Maina issued the orders following an urgent application filed by the Ethics and Anti-Corruption Commission (EACC ) argued that the money could be proceeds of crime.

“The respondent has illegally and irregularly engaged in the influence and award of tenders, procurement and payment of goods and services, which has seen him abuse his office, receive bribes, embezzle public funds and engage in corrupt conduct,” EACC said in the petition filed before the anti-corruption division of the High court.

EACC told the court that investigations revealed that Njehia allegedly engaged in arrangements whose effect was to conceal the nature, source, disposition or movement of the property which he knowingly or reasonably ought to have known forms part of the proceeds of crime.

“There are reasonable grounds to suspect that the respondent herein has accumulated assets disproportionate to his known legitimate source of income and money in the listed Sacco accounts should be preserved pending completion of the subject investigations,” EACC told Justice Esther Maina.

The court heard that he made frequent deposits into his bank account share and deposits in his Sacco accounts.

The commission said it is investigating his close family members including his spouse- Julie Hellen Matu and companies associated with them, where he could have channeled the funds to and will soon be filing a petition to freeze the properties.

“An analysis of the preliminary investigations has raised reasonable suspicion that considering the respondent’s salary, large and frequent deposits into his bank accounts, shares and deposits in his SACCO account are disproportionate to his legitimate known sources of income and could have been obtained through corrupt conduct”, the commission submitted.

The court orders have stopped Maina from withdrawing, or transacting in the said amounts until further orders of the court.EACC said it had been investigating Njehia over claims he illegally and irregularly influenced tenders, procurement and payment of goods and services while serving as a senior manager, supply chain at Ketraco.

The Commission obtained a warrant to investigate Njehia’s bank account and searching his premises.

“There is therefore need to preserve the funds and freeze the account for a period of six months pending the conclusion of investigations and institution of recovery proceedings”, commission added.

EACC added that it was apprehensive that Njehia, in light of the on-going investigations, will in the intervening period continue withdrawing, transferring or disposing money in order to defeat the course of justice, before the Commission has completed its investigations and commenced recovery proceedings, unless the Orders sought are granted.

Forensic Investigator with the Ethics & Anti-Corruption Commission (EACC) Shadrack Mwenda adds that preliminary investigations reveal that Njehia has amassed a lot of wealth as a result of the corrupt conduct including over forty landed properties in Nairobi, Nakuru and Nyandarua Counties, over eight (high end motor vehicles, investments in SACCO’S, investment companies, private companies and business interests in the aforesaid counties.

“In the process of preliminary investigations and in order to verify the veracity or otherwise of allegations, I carried out a search on the Njehia’s premises and I also obtained warrants to investigate the SACCO accounts herein as well as other bank accounts held in the name of the Njehia and his spouse”, Mwenda adds.

WHY ACTIVIST WANTS ODM PRESIDENTIAL CANDIDATE ARRESTED.

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BY SAM ALFAN.

An activist has filed a case seeking to compel the Director of Criminal Investigations (DCI) George Kinoti to arrest businessman Jimmy Wanjigi for possession of illegal firearms and ammunitions.

According to papers filed in court Memba Ocharo argues that Wanjigi’s conduct has previously been questionable while in possession of firearms.

Through llawyer Danstan Omari, activist says that Wanjigi possesses a grave danger and risk to the members of the public as no one citizen should have in their custody 688 ammunitions and about 11 guns.

He wants the court to declare inspector General Hillary Mutyambai and Director of Criminal Investigations George Kinoti are duty bound to provide security to members of the public and legally under an obligation control the licensing of civilian firearms and to revoke the interested party’s firearms certificate number no. 9522 pursuant to section 23 of the firearms Act of   justifiable grounds and in compliance with the rules of natural justice as decreed by Justice Mativo.

“Wanjigi will soon receive the firearms and ammunitions that were initially confiscated yet the Firearm Licensing Board has never conducted a due process that is in accord to the law to have Wanjigi firearms certificate procedurally revoked in a manner anticipated in the ruling of this court in Republic v Firearms Licensing Board & another; Ex parte Jimi Wanjigi[2019]eklr,” Ocharo says.

Memba says that Wanjigi is a former Inspector of Police and was stripped off all his police powers and ordered to surrender all his firearms and ammunitions in his custody.

This was allegedly after numerous incidences and complaints about his misuse of firearms.

Memba claims that long after Wanjigi was dismissed from employment with the Police Service for misuse of firearms in threatening and intimidating members of the public, he has nonetheless been a licensed firearms holder.

The firearms certificate was allegedly revoked by the board on January 30, 2018.

COURT BARS BANK OF BARODA INTERFERING WITH THE OPERATIONS OF MEDICAL SCHOOL.

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BY SAM ALFAN.

The High Court has stopped Bank of Baroda Kenya from interfering with the properties and business of Thika Nursing Home pending hearing and determination of a case filed by the institution.

Justice Alfred Mabeya temporarily barred the lender, Ponangipalli Venkata Ramana Rao Ponangipalli (PVR RAO) and Swaroop Rao Ponangipalli from interfering with the properties, business and operations of the institution.

“A temporary injunction is hereby issued restraining the respondents, their agents, employees, servants or any other person or entity claiming through them from dealing in anyway with the operations or of the applicant (Thika Nursing Home Ltd) pursuant to the appointment of Ponangipalli Venkata Ramana Rao Ponangipalli (PVRRAO) and Swaroop Rao Ponangipalli as administrator of the Thika Nursing Home Ltd on November 22,2021 by the Bank of Baroda Kenya pending hearing and determination of the case,” the Judge ordered.

Thika Nursing Home Ltd (under administration) through lawyer Prof Tom Ojienda moved to court seeking a temporary injunction restraining the bank from interfering with the operations of the college, pending the determination of a petition seeking to revoke the appointment of the joint administrators.

The Court heard that Thika Nursing Home and Bank of Baroda Kenya have had a long commercial relationship spanning over a decade and it has been taking loan facilities to expand its businesses.

But prior to March 2020 before the Covid-19 pandemic struck, the Nursing training was substantially compliant with all its loan obligations.

And just like many businesses, the institution started to struggle with repayment of its loan facilities and a dispute ensued.

The school sought to restructure its debts with the bank and the challenges persisted due to slow growth in the economy caused by the pandemic.

The court heard that the Bank kept on piling pressure on the institution and issuing threats meant to paralyze the operations of the school.

The Nursing home together with its sister institution, the Thika School of Medical & Health Sciences, a medical training institution providing certificate and diploma courses moved the Court in Kiambu Chief Magistrates Court to seek protection.

On April 20, 2021, the court issued an order of temporary injunction restraining the Bank from downgrading or interfering with the Nursing home and its sister institution’s credit rating and listing or in any way, interfering with their loan accounts.

However, the Bank went ahead and listed them with the Credit Reference Bureau (CRB), making things even more difficult for the institution to finance its operations and repay the loan.

The court heard that Thika Nursing home filed a contempt of court application against the Bank alleging that the lender was never interested in the repayment of the loan but it has plans to take over its businesses through proxies.