Blog Page 218

SARAH KAMOTHO NOW WANTS DCI, PROSECUTOR JAILED.

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Sarah Wairimu Kamotho leaving Milimani Law Courts on Tuesday October 15,2019.

BY SAM ALFAN.

The widow of the slain Dutch businessman Ton Cohen has filed an application seeking to cite the Director of Criminal Investigation (DCI) George Kinoti and two other persons with contempt of court.

Sarah Wairimu Kamotho wants the DCI, Juma Victor Owiti, a prosecutor and local daily newspaper journalist John Kamau punished for disobeying a court directive. She said the three should be jailed for disregarding the court’s directive, which had barred all the parties from commenting about the details of the case.

The order was issued by High Court judge Jessie Lesiit on September 16, directing the DCI Kinoti, Prosecution, defence teams and the victims’ representatives to desist from addressing the media on the investigations and evidence alleged or any other information touching on the case.

Sarah has accused a local media of publishing a sensational, false and prejudicial articles on the ongoing investigations quoting police investigators and the DCI despite the court order of September 16.

“In the circumstances and in order that sanctity is restored in these proceedings and court orders are obeyed, it is imperative that the DCI, Prosecutor and Kamau are detained in prison for a term not exceeding six months for contempt”, urged Sarah.

She argued if the three are not detained, they will continue to disregard the orders of the court.

CHINESE INVESTOR DENIES FRAUD CHARGES

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Tianyi limited senior official Zhang Xiaodong before Milimani Magistrate Court where he pleaded not guilty to tax fraud of over Sh 6 million on Monday October 14,2019./PHOTO BY S.A.N.

BY SAM ALFAN.

A senior official with Tianyi limited has been charged with tax fraud of over Sh 6 million.

Zhang Xiaodong appeared before Milimani Chief Magistrate Francis Andayi and plead not guilty to the charges.

He is charged alongside the company that he knowingly and unlawfully omitted from the company’s returns an income of Sh23 million, an amount which he knew or ought to have known should have been included in the year of income 2017, thus occasioning KRA loss of Sh6,781,654.

It is alleged to have committed the offence on diverse dates between January and December 2017 in Nairobi County jointly with others not before court. The company was also charged with failure to pay tax by due date.

The court heard that the two failed to pay corporation tax of Sh 6,781,654 as stipulated by the Income Tax Act for year 2017.

They pleaded not guilty before Principal Magistrate Peter Ooko who granted them a bond of Sh 2 million or a cash bail of Sh 1 million each.

The court also directed Zhang to deposit his passport and all travelling documents in court.

The case will be heard on November 20, 2019.

BUSINESSMAN WHO THREATENED OFFICER DENIES TAX FRAUD CHARGES.

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Hanamal Construction Limited Director Hassan Ahmednur Baricha before Milimani Magistrate Court where he pleaded not guilty to several tax offences on Monday October 14,2019. PHOTO BY S.A.N.

BY SAM ALFAN.

The director of Hanamal Construction limited has been charged in a Nairobi court with tax fraud amounting to over Sh100 million.

Hassan Ahmednur Baricha appeared before Milimani Chief Magistrate Francis Andayi and pleaded not guilty to charges of tax evasion.

He is accused of unlawfully making incorrect statements in his income tax return for the year 2015, which ended up reducing his corporate tax liability by Sh 4,499,163 payable to the commissioner of taxes.

The accused person is alleged to have committed the offence January 1, 2015 and February 1, 2016.

At the same time, Baricha allegedly under-declared tax of Sh20,817,971 for the year 2016 and another Sh 26,106,797 for the year 2017.

In another charge, the businessman is charged with tax fraud of Sh65,651,535 for the year 2015, 2016 and 2017 and another Sh 57,538,801 for the same years.

The businessman pleaded to the charged following a warrant of arrest issued on Friday after he failed to appear in court for plea taking.

In an affidavit filed in court by the investigating officer in the case the prosecution opposed his release on bail on grounds that he is at flight risk.

The court heard Baricha resisted arrest and threatened the police officer arresting him by pointing his gun at him at close range. He is a licensed firearm holder.

It is alleged that the officer had to jump out a moving vehicle to save his life and that he reported the incident at railways police station.

The prosecution further submitted that obstructing officers in their line of duty is a serious offence recognized in the penal code.

The accused had alleged that he had been admitted in hospital for two days but the prosecution challenged the legitimacy of the medical document that was presented before court on Friday.

According to the prosecution, even if the accused is unwell, he can be taken for treatment at KNH while in custody as the condition does not warrant admission.

In response, the businessman through his lawyer said that the affidavit does not show who drew it, making it defective.

According to the lawyer, his client was asked on Friday to present himself before court today which he did.

The prosecution however cut him short and informed the court the lawyer was misleading the court since a warrant of arrest was issued against him. The magistrate indeed confirmed that there was a warrant for his arrest.

The lawyer went ahead to submit that his client should be granted bail since it is a constitutional right.

He added that the businessman is ready to attend court, not at flight risk and is ready and willing to deposit his travel documents in court.

The court will ruling on his bail application on October 15.

REPRIEVE FOR BUSINESSMAN HUMPHREY KARIUKI AS COURTS UNFREEZES FIRM’S ACCOUNTS.

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Embattled billionaire Humphrey Kariuki before a Nairobi Court./PHOTO BY S.A.N.

BY SAM ALFAN.

Firms related to businessman Humphrey Kariuki have been allowed to access millions held in several bank accounts after a judge found that the police breached the law.

Justice Luka Kimaru ruled the DCI breached a court order issued by the Kiambu magistrate court, freezing the accounts.

Judge Kimaru noted that the order to freeze the bank accounts was obtained illegally since it was never sought in the application lodged by the Director of Public Prosecution and the DCI.

”The application filed by the Respondents before the Kiambu Chief Magistrate’s Court in Kiambu Chief Magistrate’s Court Miscellaneous Criminal Case No.367 of 2019 is hereby brought to this court for the purposes of revision. The same is revised as it was filed in breach of the law,” the judge ruled.

The court noted that DCI erred in dealing with tax related matters. “It is evident that there was an element of jurisdictional overreach by the Directorate of Criminal Investigations on matters which are statutorily under the jurisdiction of the Asset Recovery Authority and the Kenya Revenue Authority,” the court observed.

Further court ruled DCI and the DPP cannot seek to benefit from an illegality and claim to have been acting in public interest.

The court ruled that Africa Sprits Limited, which was represented by a team of lawyers led by Cecil Miller had proved that other firms associated with Kariuki, whose accounts were illegally frozen, were never served with the order as required. He ruled that the accounts should be accessed.

The Judge said the companies were never given a fair hearing when the DCI moved to court adding that DPP and DCI were to serve the parties but the same was never done.

”That was in clear breach to the fair trial provisions of the Constitution specifically Article 50(2) that requires them to be informed of any adverse action that may be taken against them, ’court ruled.

Last month the DPP obtained orders freezing accounts of the businessman. The DCI and DPP then said they required access to the said bank accounts to facilitate investigations into the commission of the offence of failure to pay tax.

The businessman then filed a case challenging the same arguing that the orders were illegal because they were issued without affording him a hearing.

HANAMAL DIRECTOR WANTED FOR TAX RELATED FRAUD, THREATENING TO SHOOT DCI KRA OFFICER.

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Hanamal Construction Limited Director Hassan Ahmednur Baricha before Milimani Magistrate Court where he pleaded not guilty to several tax offences on Monday October 14,2019. PHOTO BY S.A.N.

BY SAM ALFAN.

A Nairobi Court has issued warrant for the arrest of Hanamal Construction Limited boss over 600 million fraud relation offences.

Chief Magistrate Francis Andayi issued the arrest warrant against Hassan Ahmednur Baricha after Kenya Revenue Authority made the application after he failed to appear in court to plead to the charges.

The prosecutor told the court that the suspect further threatened to shoot a KRA investigator who had gone to arrest him.

The officer told the court the accused pointed the gun at him forcing him to jump out of the vehicle.

The officer said he sensed danger by observing the demeanor of the suspect and was apprehensive he would shoot him at a close range.

The officer sustained injuries on his shoulder , back, waist , hands and legs.

According to the officer , the went to arrest the businessman along Mombasa road accompanied by PC Lydia Chebasis.

They entered his Toyota Land cruiser and identified themselves as DCI officers from KRA and ordered him to drive to Capital Hill Police station for processing and recording of his statement.

On their way to Capital Hill police station, reaching Haile Sellasie roundabout at around 11pm, PC Chebasis requested to use the washroom at Kobil petrol station which was nearby and accused accepted.

After Chebasis alighted, the accused locked the doors and sped off headed to Mombasa road while the officer was at the back seat.

He struggled and made his way to the front seat in an attempt to plead with him to stop the vehicle.

“My pleas to him to reduce speed and stop fell on deaf ears as he started being abusive and asking me to get out of his vehicle while it was moving at a high rate of speed. He pulled out a pistol from his right side of waist and cocked it, still driving at a high speed and proceeded to point the said pistol at threatening to shoot me if I did not jump out of his vehicle”, said Police officer Solomon Laikera.

His firm is alleged that on diverse dates between January 1, 2016 and February 1, 2017 being director of Hanamal construction limited while earning taxable income , unlawful made incorrect statements in his income tax return for the year 2017 which act reduced his corporate tax liability by Kshs. 24,106,797 payable to the commissioner as required by income tax Act CAP 470, Laws.

Hassan is accused that on diverse date between January 1,2015 and June 31, 2018 being a director of Hanamal construction limited and while earning taxable income , unlawfully made incorrect statements in your income tax return for the year 2015 ,2016 and 2017 which act reduced his income tax liability by Kshs. 57,538,801 payable to commissioner as required by the income Tax Act Cap 470, laws of Kenya.

He is facing other several counts.

REPRIEVE FOR JIRONGO AS SUPREME COURT STOPS FRAUD CHARGES.

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Former Lugari MP Cyrus Jirongo before Nairobi Magistrate Court on Thursday August 15,2019./PHOTO BY S.A.N.

BY SAM ALFAN.

Former Lugari MP Cyrus Jirongo can now breathe easy after the Supreme Court suspended his criminal case, which is pending before a Milimani Magistrate court.

Supreme Court Judges included Chief Justice David Maraga, Mohamed Ibrahim, Smokin Wanjala and Jackton Ojwang, the court said the criminal case stands halted, pending the determination of the case.

“We hereby grant stay of the appellate court’s decision in civil appeal No. 43 of 2017 and No. 48 of 2018 , of July 19,2019 pending hearing and determination of the appeal , which is to be conducted on the basis of priority”, ruled the supreme court judges.

Jirongo through lawyer Danstan Omari told Milimani Chief Magistrate Franci Andayi that the Supreme Court had suspended the proceedings against the former legislator before the trial court.

The former MP is accused of giving false information linking the Moi’s son to a Sh50 million land fraud dispute. He is alleged to have committed the offences between 1992 and 2015.

The charges against the former MP relates to a sale agreement in relation to land Nairobi LR No. 209/ 11151 situated at Upper hill at the corner of Elgon road.

Jirongo is also accused of inducing Post Bank Credit Ltd to accept bank charges on September 25, 1992, for a land registered in the name of Soy Developers Ltd.

He his out on cash bail of 200,000 after was charged in August with several counts, among them fraud and forgery.

The charges were ready in 2016, but he moved to the High Court and obtained orders stopping his prosecution.

The order quashing the criminal case was issued by Justice George Odunga on January 11, 2017.
Later the Director of Public Prosecution filed an appeal, terminating the charges.

Appellate judges Justice Alnasir Visram, Otieno Odek and Wanjiru Karanja later set aside the High Court decision in July this year.

The judges directed that Jirongo should be charged with criminal offence.

In their view, the three judges said Justice Odunga did not evaluate the affidavit evidence of the investigating officer, which was before him.

“The judge ought to have considered the allegation of fraudulent acquisition and transfer of property held by businessman Sammy Kogo and his wife Antonette Boit” they observed in their judgement.

They said that the court interfered with the prosectorial mandate of the DPP to make decision to charge or not charge an individual.

“The judge arrived at a conclusion without considering evidence on record” the appellate judges said.

Jirongo is alleged to have forged signatures and documents relating Soy developers to secure an overdraft f Sh 50 million from Post Bank Credit limited.

The tittle deed belonged to a parcel of land owned Kogo together with his wife Boit.

The DPP through Frederick Ashimosi, had told Justice Odunga, that the documents presented to Post Bank Credit limited by Jirongo to secure a loan facility were forged and purported to have been signed by Kogo and his wife to transfer the suit land located at Nairobi’s Upper Hill to Jirongo.

He said that DPP recommended for the prosecution of Jirongo upon completion of investigation over complaint made by Kogo concerning his property which had been fraudulently used to secure a loan by Jirongo in 1992, who held himself as director of Soy developers limited.

The court heard that upon securing the loan Jirongo defaulted repayment leading the bank to sale the property through public auction.

Kogo was allocated the suit land 1989 and in 1991 he entered sale agreement with Jirongo for the purchase of the property at considerable price of Sh 20 million in which he paid Sh 10 million.

Ashimosi said the criminal case brought against Jirongo is not malicious on the part of the DPP, fraud was established during the investigation over the complainant raised by Kogo.

COURT TO DECIDE MWINZI’S CASE NEXT MONTH.

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Ambassadorial nominee Mwende Mwinzi ./PHOTO COURTESY.

BY SAM ALFAN.

Ambassadorial nominee Mwende Mwinzi will know her fate next month, in a case which she is seeking to stop legislators from forcing her to renounce her US citizenship before taking up her new post.

Justice James Makau said he will deliver his judgement on November 14.

The Judge noting has already issued a temporary order, directing that the status quo to be maintained, pending the determination of the case.

In reply to Mwinzi’s application, the National Assembly said that an approval is not a rubberstamp mechanism by the MPs.

“In this case, a specialized Committees of the National Assembly vetted the petitioner and made resolutions which were adapted by the house, it is a political process to be conducted by other arms of the government and not Judiciary,” said Anthony Njoroge, who represents the National Assembly.

For that matter, the National Assembly urged the court to decline to adjudicate the issues raised in the petition.

The MPs argue that the case is essentially a political questions and which the constitution has assigned to other political institutions for resolution.

Njoroge added that the process of appointment itself is yet to be concluded.

He told the court that the National Assembly has made its resolutions to the president, and the president must accept the resolution as advised by MPs.

Mwinzi asked the court to determine whether an Ambassador is a state officer and if no whether the issue of dual citizenship still affects her.

She wants the court to determine whether the National Assembly can grant conditional approval of nominee and also whether the petitioner has any proprietary right to the office of Ambassador.

“An ambassador or a diplomat is a representative of the interests of a sending state. Where a person has dual citizenship, the conflict of interests is certainly a reality,” added Njoroge.

Mwinzi through lawyers Tom Ojienda and Charles Omanga urged the court to consider Article 78 of the constitution that allowed dual citizenship for the first time.

“Ambassadors are not classified as state officers as alleged by the National Assembly lawyers,” added Ojienda.

He added that Mwinzi is covered in Article 260 of the constitution which indicates that ambassadors and high commissioners are not state officers.

“Mwinzi having been vetted by the parliament qualifies for an appointment and barring her violates Article 37 of the constitution and Article 47 for it went against fair administration,” added Ojienda.

Ojienda argued that Mwinzi cannot change the fact that she was born by an American mother and a Kenyan Father and since she is not a state officer, any law cannot be applied to her.

“Mwinzi’s office is not a state office and the court should find out that any law cannot be applied to her, “added the lawyer.

He said the parliament violated Article 27,47 and 260 of the constitution.

“It is our submission that Ms Mwende has successfully gone through the vetting process by the National Assembly and what remains is her deployment to the Republic of Korea,” said Ojienda.

Mwizi was nominated as South Korea ambassador by president Uhuru Kenyatta and was invited by the Departmental Committee on defense and foreign relations to attend to Parliament for purposes of being vetted which she attended in May 28.

It came to attention of the committee she holds dual citizenship. She is an American by birth and a Kenyan citizen by formalization. The committee vetted and approved her appointment in condition that she renounces her American citizenship.

OLYMPUS COMPUTER DIRECTORS DENY FRAUD CHARGES IN TAX CLAIMS WORTH SH1.3 BILLION.

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Directors of Olympus Computer Garage Limited directors George Bhutto Obiga and Benard Ochieng Okello before Milimani Magistrate Court on Friday October 11,2019./PHOTO BY S.A.N.

BY SAM ALFAN.

Two Directors of Olympus Computer Garage Limited have been charged with tax related offences amounting to Sh1.3 billion.

George Bhutto Obiga and Benard Ochieng Okello appeared before Milimani Chief Magistrate Francis Andayi and pleaded not guilty to nine counts.

The two directors alongside their company are accused that in the period between January 1, 2015 and December 31, 2015 in Nairobi being directors of Olympus computer garage limited knowingly made incorrect statement through under declaration of customs value of goods to which affected their liability to tax thereby reducing the VAT payable by Kshs. 332,003,569.93 for the year 2015.

It is further alleged that between January 1, and January 31,2016 in Nairobi being directors of Olympus computer garage they made incorrect statement through declaration of customs value goods, affecting their liability and in the process reducing the VAT payable by Kshs. 123,190,381.85 for the year 2016.

They are further accused of deliberately defaulting on their obligation to file a return with the commissioner domestic taxes thereby failing to declare sales worth Kshs. 392,368,032.64 an amount which should have been declared. The failure allegedly affected their liability to tax (VAT), denying KRA Kshs. 62,778,885.22 for year 2014.

They are also facing charges of deliberately omitting TAXABLE income, failure to submit tax and giving misleading information relationg to tax.

They were released on a cash bail of 2 million or alternative bond of 4 million.

LIMURU TRADERS CHARGED WITH IMPORTATION OF ETHANOL AND CONCEALED GOODS.

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Edward Ngure Njuguna and Duncan Mutuma Justus before Milimani Magistrate courts where they pleaded not guilty on Friday October 11,2019./PHOTO BY S.A.N.

BY NT CORRESPONDENT.

Two Limuru businessmen have been charged with importing concealed goods with duty valued over Sh 3 million.

Edward Ngure Njuguna and Duncan Mutuma Justus appeared before Milimani Chief Magistrate Francis Andayi and pleaded not guilty.

They are accused that on September 30, 2019 within Kamandura area in Limuru, Kiambu county the accused jointly with others not before court were found having imported 42 drums of 250 litres each, 4 jerry cans of 20 litres each of ethanol concealed and packed together with maize bran and rice bran in a package whose entry does not correspond with goods imported with dutiable value of Kshs. 3,051,532 payable to the commissioner of customs and border control.

The are also accused that on the same date and place in Kiambu county jointly with others not before court they were found in possession of 42 drums of 250 litres each, 4 jerry cans of 20 litres each of ethanol which they ought to have unknown goods with a dutiable value of Kshs. 3,051,532 payable to the commissioner of customs and border control.

Ngure, Matuma together not before court are also facing charge of being found conveying uncustomed goods valued Kshs. 3,051,532 payable to the commissioner of customs and border Control.

The two were released on a cash bail of Sh 1 million or a bond Sh 500,000 pending hearing determination of the criminal case.

TRADER PATRICK NYAMWEYA CHARGED WITH SH200 MILLION FRAUD AGAINST SAMCO HOLDINGS.

By Nairobi Times -
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Photo courtesy.
BY NT CORRESPONDENT.

A Nairobi Businessman has been charged with several counts of forgery and conspiracy to defraud Samco Holding Limited piece of land worth Sh 200 million.

Patrick Omani Nyamweya appeared before Milimani Chief Magistrate Francis Andayi and pleaded not guilty to six counts levelled against him by the state.

Omani is accused that on unknown date and place jointly with others not before court conspired to defraud Samco Holdings limited a parcel of land LR 209/14067 IR 1157090. LR. NO. 209/11822) situated along Mombasa road measuring 0.9003 hectares valued at Kshs. 200 million by fraudulently registratering the said land in the name of Innfield investment Limited.

It is also alleged that on unknown date and place Nyamweya and others not before court with intention to defraud Samco holdings Limited forged signature of Fredrick Indoko Lubulellah senior land registrar at Ardhi house Nairobi on grant IR 1157090. LR. NO. 209/11822) dated June 30,1999 purporting it to be genuine documents signed by Indoko.

Nyamweya together with other not before court are also charged with forging signature of Caren Kemunto Nyakundi a land registrar at Ardhi house Nairobi on grant IR 1157090. LR. NO. 209/11822) dated June 30,1999 purporting it to be genuine search signed by Kemunto.

He is facing other several charges including uttering false documents , malicious damage.

He was released on a cash bail of and bond of pending hearing and determination of the criminal case.

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