Blog Page 221

COURT DECLINES REQUEST BY FORMER YOUTH PS OMOLLO TO VISIT HER SIAYA FARM.

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Former PS Lillian Omollo who is facing graft charges related to NYS II scam.

BY SAM ALFAN.

Former PS Lillian Omollo facing graft charges related to NYS II scam has suffered a major below after the court dismissed her application seeking to visit her farm in Uyoma, Siaya County.

Justice John Onyiego ruled that there was no evidence before court that Omollo owns the firm and there is no evidence of earnings from the farm or that the substantial deposits in the accounts have been made from the earnings from the farm. The judge dismissed Omollo’s application to visit the farm to witness the farming activities.

“In my view, a site visit to a farm to establish whether or not farm can be the source of large sums of money deposited in bank accounts kilometers away, would be really to chase after mirage,” said Onyiego.

The judge further said other than establishing that a parcel of land exists, site visit would not in any way advance the application before court by way of demonstrating the source of the funds in the subject accounts in any way.

The judge added that the application would further delay of the hearing of the case, for the recovery of the funds.

The former PS filed application in court dated July 1, 2019 pleading with court to visit her farm on Siaya County to prove existence of the alleged farming.

Through lawyer Stephen Ligunya urged the court to visit her multi-million shilling horticulture enterprise she runs. “I pray for the court to visit the property on the subject of this suit in Uyoma, Rarieda District to ascertain if the farm exists as it will help the court make a just conclusion in the matter,” she submitted.

Assets Recovery Agency (ARA) investigator Isaac Nakitare traveled to Siaya County together with a colleague and found that there were no farming activities as alleged. They reportedly saw a parcel of land with shrubs.

Whereas the land was still bare, with no farming activities, lawyer Stephen Ligunya maintained that part of the money frozen by the court and which subject to forfeiture to the government, was proceeds from the farm.

“The visit will give the court an opportunity to know the legitimate source of her income. The visit has an objective opinion. That is all we are asking,” added Ligunya.

However ARA through lawyer Mohammed Adow vehemently opposed the application saying Omollo was given an opportunity to explain the source of the money but her answers were not satisfactory, making the agency to conclude that they were proceeds of crime.

Omollo has since maintained that she has greenhouses, where she farms tomatoes, cucumbers, watermelons among other crops.

She said she took up serious farming five years ago and some of the deposits made in the frozen bank accounts were proceeds from the farm and not from NYS.

Adow said Omollo has not tendered any evidence through affidavit or through statements on record of the ownership or existence of the alleged farm business and shred of evidence to demonstrate that the funds in issue are from the alleged firm.

“Although it is true that the alleged farm business does not exist as explained in our in our affidavit dated May 27,2019, the issue before this court is the legitimacy of the funds in the specified accounts in which the applicant (Lilian Omollo) has failed to link to the alleged farm business”, Adow told the court.

Nakitare said the farming business is a disguise meant to conceal the source of the funds and “classical scheme of money laundering”.

The investigator said that there were some small tomatoes on a small sized greenhouse, which were yet to mature planted inside the green house, but not at commercial scale level.

“There is no shred of evidence to show linkages between the funds in issue and the alleged farm which our investigations established does not exist,” he said.

Omollo has fought off claims that the frozen accounts held money suspected to be proceeds of crime and stated that there is no nexus between the money and the National Youth Service, to warrant the forfeiture.

“I deny the allegations that no reasonable explanation was given showing legitimate source of funds, principally because on November 19, 2018 I duly gave and delivered to the applicant my documents and evidence showing legitimate sources of funds held in the subject bank accounts”, she said.

The agency filed the application seeking the forfeiture of about Sh35 million, held in several accounts it suspects are proceeds of crime.

The accounts frozen include six accounts at Equity Bank registered in the names of Lilian Muthoni Mbogo which had USD 67,331.9, an account in the name of LIDI Estates Ltd which had US D 28,981, another account in the same bank and the same name and which had Sh2,297,495 and another with US D 8,979.83.

Documents filed in court state that the amounts were deposited between January 2016 and March 2018. Omollo was appointed PS for Public Service, Youth and Gender Affairs on December 18, 2015.

BLOW TO ISIOLO BUSINESSMAN AS COURT DECLINE TO UNFREEZE ACCOUNTS OVER CLAIMS OF MONEY LAUNDERING.

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Milimani Law Courts home of high court Anti-Corruption Division Nairobi./PHOTO BY S.A.N.

BY SAM ALFAN.

Anti-Corruption High Court has dismissed application challenging orders freezing accounts of Isiolo Businessman over the suspicion of money laundering from inflated tender awarded by Isiolo County Government amount to almost 80 million.

Justice John Onyiego sitting in Nairobi ruled that the commission established reasonable basis of issuance of the orders freezing accounts of Dennis Njau Kimani.

“I have not found fault with the basis for applying for the impugned orders or for the issuance of the orders. I found no merit in the application and is hereby dismissed”, ruled Onyiego.

Earlier High Court in Meru had frozen accounts of Hitmax Limited and Fusha Trade Credit associated with Dennis Njau Kimani for six months over allegations of corruption.

The two companies are being investigated over irregularities in the procurement of construction works for two oxygen production plant at Isiolo County government hospital.

Ethics and Anti-Corruption Commission said investigations into the tender in question is No’s. ICG/018/2018 and ICG/019/2018 has established that the tenders were awarded to Hitmax Company Limited at an inflated cost of Sh79,853,738 million and entire procurement process was tainted with illegality.

The court issued orders prohibiting the withdrawal or transfer of Sh2.5 million held at Kenya Commercial Bank limited operated and held by Fusha Trade Credit Company ltd, for a period of six months.

The commission had earlier filed application seeking to block transfer of Sh10.5 million from account held and operated by Dennis Njau Kimani at Consolidated Bank. The commission intends to file a case seeking the recovery or protection of public money.

According to court documents, Isiolo County Government had already paid Hitmax Co. Ltd Sh79,853,738 through Hitmax Co. Ltd bank account held at Cooperative bank on July 2, 2018.

The documents reveal that Njau was a director of Hitmax Company and a signatory of the company’s bank account at Co-operative bank and he was also Fusha Trade Credit Company ltd director and a signatory of account held at KCB.

It is alleged that on July 12, 2018 Njau transferred Sh15.2 million from Hitmax Co ltd account to his personal account at Co-operative bank. He further withdrew Sh3 million in cash from the said company’s account and thereafter, between July 16 and 18, 2018 he transferred Sh13 million from his personal account at Co-operative bank to his personal account at Consolidated bank.

The commission alleged that between July 18, 2018 and May 6,2019 Njau had transferred total of Sh10.5 million from his personal fixed deposit account at consolidated bank and on May 6, 2019 he transferred Sh2.5 million from his personal bank account at consolidated bank to the Fusha Trade Credit co. Ltd.

EACC said the actions of Njau clearly point towards a case of attempted money laundering of illicit funds obtained from the Isiolo County Government.

However Njau and Fusha Credit argued that the money in the said bank accounts are proceeds of legal and legitimate business through public procurement and other legitimate businesses.

He said and there is no tangible evidence of corrupt conduct that has been established to warrant the orders granted to the agency.

They also argued the commission did not accord them an opportunity to explain the monies in the said accounts or any other matter connected with any issues raised in the suit.

They further argued that the commission did not disclose the pre-conditions for the freezing orders the accounts and denied the tenders were awarded to them corruptly and were inflated.

 

They told the court that the tender awarded were for the construction and installation of oxygen production plants at Isiolo and Garba Tula sub-county hospital were to be completed in 2018 and second face 2019.

Njau and Fusha have filed the application before Milimani High Court Anti-Corruption division challenging the issuance of the orders to freeze the accounts.

ORENGO STOPS REPRESENTING KCAA IN WESTON HOTEL CASE.

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Senior Counsel James Orengo who has said he has right of representing Kenya Civil Aviation Authority in a dispute involving the land on which Weston Hotel stands.

BY SAM ALFAN.

Lawyer James Orengo has ceased from representing Kenya Civil Aviation Authority in a dispute case involving the land on which Weston Hotel stands.

This is after lawyer Stephen Ligunya informed the High Court that KCAA term application seeking to stop Orengo from acting for them as a side show and decided that senior counsel will not be participating in the Weston Hotel case.

Weston Hotel Senior Counsel Ahmednasir Abdullahi who had made application for Orengo to exit the matter claiming the senator was acting for Orange Democratic Party Raila Odinga interests said he was disappointed with Orengo exit.

“Am disappointed that Senior Counsel James orengo has opted out this matter”, Ahmednasir told the court

Further, Ahmednasir questioned the headline by the local newspaper titled ” Bank fights to get sh1billion from Ruto hotel”. He said the headline by the newspaper is a scheme to litigate what is not before the court and the bank raised a small issue of rejoinder in their application.

In an application filed in court, Ahmednassir argued that Orengo, who previously served as Lands minister during retired President Mwai Kibaki’s administration, should be disqualified from representing the State agency on the basis of conflict of interest.

In an urgent application filed before the Environmental and Land Court, Ahmednassir further said the Siaya Senator has no instructions to act on behalf of KCAA.

He said Orengo’s role in this Weston Hotel matter is purely political mischief making , solely intended to muddle the issues in contest for a temporal political nuisance.

Ahmednasir further told the court that , Orengo has come into the matter to gain political capital for his principal in the Orange Democratic Movement (ODM) party with a view to scandalise and vex Weston Hotel.

He added that the veteran lawyer was not in the panel of advocates appointed to represent the agency. Ahmednassir further said Orengo, in his capacity as the Leader of Minority in the Senate, is a State officer prohibited from undertaking any other gainful employment.

“A leader of the Senate acting or prosecuting cases before the Judiciary is a clear breach of separation of powers and a threat to the independence of Judiciary and his presence in this case violates the code of conduct that regulates behavior of State officers,” Ahmednassir said.

Orengo responded to SC Ahmednasir application he has the right of representing Kenya Civil Aviation Authority in a dispute involving the land on which Weston Hotel stands.

While responding to application by lawyer Ahmednasir Abdullahi, who wants Orengo stopped from acting for KCAA, the Siaya Senator said he is only engaged as one of the lead advocates.

Senior Counsel Orengo argued that every litigant has a constitutional right to representation by an advocate of choice as an integral part of the right to fair hearing and attempt to bar him or any other advocate is an attempt at interfering with the KCAA’s right to an Advocate of choice as an aspect of fair hearing.

“The questions of disqualification and procurement are irrelevant. In any event, the question relating to how a Client litigant procures his advocate of choice is not for this Environment and Land Court to determine, but by the Public Procurement Administrative Review Board”, said Orengo SC.

He added that Weston Hotel cannot be allowed to determine for KCAA which lawyer to represent the agency. He added that serving in the Senate does not bar him from representing a party in court.

“The fact that I am a Senate Majority Leader does not introduce any issue of conflict of interest. In any event, the Senate Minority Leader does not oversight parastatals such as KCAA,” added Orengo.

SC Orengo said there can be no conflict of interest or bar against him in seeking to assist a public body to regain public land improperly appropriated against the law and Weston Hotel application demonstrates its legitimate fear and apprehension on the capacity and capabilities of the Petitioner’s advocates which fear cannot be allowed to supersede the Petitioner’s right to counsel of choice.

He further said ODM party is not a party in the proceedings, nor to the best of their knowledge is Weston Hotel a political party or aspirant.

“We however note and welcome the insinuation and the association implied between Weston Hotel and some political actors which caused the irregular acquisition of the land in issue as contended in the Petition,” he said.

He said the application Weston is merely intended to introduce sideshows and prolong proceedings so as to avoid addressing the issues within the Petition on merit.

“It cannot lie for Ahmednassir, SC to raise such objection when, throughout his own term as a state officer serving in the Judicial Service Commission, he practiced in courts for the entire duration without any restriction,” added Orengo.

Ahmednassir argued that Orengo, who previously served as Lands minister during retired President Mwai Kibaki’s administration, should be disqualified from representing the State agency on the basis of conflict of interest.

One of the firms involved in the dispute, Priority Ltd, claimed it was legitimately allocated and legally registered as the proprietor.

The firm said the property has never been acquired by the Kenya Civil Aviation Authority (KCAA) and the State agency has no worthy evidence to prove ownership. Priority Ltd denied allegations by the agency of impropriety, illegality and fraud in the purchase and transfer of the land.

The firm, through Katwa and Kemboy Advocates, asserted that its title is conclusive evidence of ownership and cannot be revoked. There is no basis for any claim for restitution by KCAA or any third party, and invited the Environment and Land Court to dismiss the sanctions against Priority Ltd, Weston Hotel Ltd and Monene Investments Ltd.

While responding to petition by KCAA, Priority Limited invited the court to dismiss the claim by the State agency and denied having grabbed the parcel of prime land through forcible eviction of government employees. The firm dismissed claims that it was a beneficiary of corruption.

Kenya Commercial Bank (KCB), through Mohamed and Muigai Advocates, has already applied to participate in the dispute on the basis that it is the registered chargee. The bank claims beneficial interest in the property, in which was used to secure loan by the hotel.

THREE FINED SH29 MILLION OVER FRAUD AT CITY HALL.

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Trader George Gichuri Karume one of the convicted person before Nairobi Anti-Corruption Magistrate Court during plea taking.

BY SAM ALFAN.

Milimani anti-corruption court has jailed Nairobi County Clerical Officer, a building inspector and a trader for four years and half years each, over conspiracy to defraud Nairobi County government.

Senior Principal Magistrate Victor Wakumile jailed Esther Nyambura Thogori (clerical officer), Bonny Stephen Otieno Oduor, a building inspector and a trader George Gachuri Karume after finding them guilty of conspiracy to commit economic crime.

The trio were accused of receiving and retaining Sh8,891,943 meant for building plan approval from a Chinese investor.

The court directed Nyambura to pay an alternative fine of Sh10,905,100 while Oduor will pay an alternative fine of Sh1,080,000 million for conspiracy to commit economic crime and conspiracy to defraud.

Karume was directed to pay a fine of Sh18,829,573 or serve the four-and-half years in prison.

The court found that prosecution demonstrated that the convicts did not only act in concert but with a common intention in committing an economic crime.

The court said the prosecution proved that the trio defrauded the Director of Elephant Real Estate Limited of Sh8,891,943, which was intended to benefit the Nairobi County government.

The court dismissed their defence and termed it as a mere denial as it was shown that existed an intricate web of conspiracy and deceit between some employees within the Nairobi City County Planning and urban department, brokers and gullible victims which is executed with mafia style precision.

The three were accused that on diverse dates between May 11, 2015 and December 16,2015 at City Hall in Nairobi City County being employed by Nairobi County, they conspired to commit an economic crime.

They were also accused of jointly conspiring to defraud Li Wen Xue Sh8,891,943 million purporting it to be building approvals fees by Nairobi County Government.

They were also facing charges of obtaining, several counts of making false documents and uttering false documents.

Nairobi County Government Urban planner John Amol Ojwang told the court that the approval system within the county system comprises of two parts front end and back end.

The Chinese investor produced a certificate of search dated January 9,2017  and transfer document between Godison 237 limited and Elephant Real Estate limited dated April 29,2015 as a proof that the company owns a parcel of land in Kilimani Estate in Nairobi.

The investor wanted to put up a building comprising of some 19 floors on the property but their designs were never approved by the County government on the basis that only 8 floors were permitted within respective zone.

BUSINESSMAN KANARI TO SERVE SIX YEARS FOR KILLING CREDIT OFFICER OVER LOVE TRIANGLE.

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Nakuru businessman Leonard Kanari Gitui who has been convicted over manslaughter charges before high court judge lady Jessie Lessit on Thursday August 29,2019./PHOTO BY S.A.N.

BY SAM ALFAN.

Businessman Leonard Kanari Gitui who shot and killed a credit officer in a suspected love triangle has been sentenced to six years in prison.

Gitui was found guilty of killing Christopher Muganda at Garden Estate in Kasarani, Nairobi County in 2016. “I find that the most appropriate sentence to give to the accused is six years imprisonment,” Justice Jessie Lesiit ruled.

The judge said after considering all the facts, circumstances and reports on record, the businessman deserved a custodial sentence.

Gitui had pleaded with the court to be handed a non-custodial sentence. In mitigation, he said he is well known man for his generosity and philanthropy. “Unfortunately for the deceased, he is gone forever. The accused still has a chance to resume his life after all,” Judge Lessit said.

While delivering the sentence said that Justice Lesiit said that Gitui used excessive force when he shot dead Muganda, who was unarmed.

Kanari Gitui was convicted over manslaughter charges in August.

Lady Justice Jessie Lessit discharged the businessman of the murder charges which he was initially facing and substituted it with manslaughter.

The judge found that the convict shot the deceased Christopher Muganda Adagi who was a credit officer in the circumstances of provocation and in heat of passion but did retaliate by using excessive force.

Muganda’s girlfriend testified that the deceased and the accused got into scuffle when they met in the corridor while the accused was leaving the house.

The judge in her judgement questioned how many men would have strength to walk away after they find a stranger walking from their girlfriend house.

“I find the offence of manslaughter contrary to section 202 of the penal code proved beyond reasonable doubt and therefore substitute charge of murder with that of manslaughter”, ruled Lessit.

Kanari was accused that on the night of May 26 ,2016 at Icon Flats Garden Estate of Kasarani in Nairobi murdered Christopher Muganda Adagi.

He denied the murder charges and was released on a on a bond 5 million with surety of similar amount after spending eight months in custody at industrious area prison.

While closing the case, Prosecution urged the High Court to find insurance broker Leonard Kanari accused of killing a credit officer in an alleged love triangle scuffle involving Eda Wathithi Kamau has a case to answer.

Prosecution also urged the trial judge to hold that the Nakuru businessman was behind the death of deceased claiming they have proved their case.

In their submission the state said  that they will rely on the evidence of 11 prosecution witness as they have proved there was death as a results of a gunshot.

They also informed the trial Judge that the accused was at the scene of crime and asked the court to find the accused was armed these was confirmed by the ballistic expert.

Kanari through his lawyer in his defence has urged the court to find that there was no sufficient evidence that he had the intention or malice to cause death of the deceased.

“We humbly urge the court to find that the accused has no case to answer and acquit him,” urged the accused.

They submitted that the prosecution has not adduced sufficient evidence which in the absence of a defence the court can convict the accused of the offence of murder.

“There is no evidence whatever doubt that the accused either shot the deceased or that his gun was was used to shoot the deceased,” submitted defence.

Kanari surrendered his gun o of May 31 ,2016 at Kasarani police station and recorded after the said crime was committed.

During the hearing a House girl Risper Munala to Eddah said she knew the deceased Andagi. She said on the fateful day,she heard the deceased calling the seven year girlfriend who told her to open gates. She later went to the bedroom back to sleep .

Munala testified that after about fifteen minutes , she heard a familiar voice screaming , ” why are you shooting me?” at that point in time, she was afraid of what was happening and went to the sitting room and found the door to the house open.

She found  her boss Eddah seated on the chair facing outside. She added that Adah was having a monologue while trying to dial on her phone and at that point, she noticed the deceased, Andagi lying on the floor next to the door one meter away.

“This was distance between Edinah and the deceased. The deceased lay on the floor facing up. I did not speak to the deceased,” said Munala.

She testified that the deceased was injured on the left side of his stomach, there  was bleeding, the deceased was talking to himself while his girlfriend Adah was just sited. She offered the deceased water to drink . The deceased took a bit of water and also gave the deceased a pillow from the seat.

A Government pathologist Johnson Oduor  testified that there was an entry gunshot wound on the left side of the stomach and there was not exit wound of the bullet.

 

KRA TELLS COURT WHY DPP AND DCI JOINED PROBE COMPANIES ASSOCIATED WITH HUMPHREY KARIUKI.

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Director of Public Prosecution Noordin Haji with Director of Criminal Investigations George Kinoti.

BY SAM ALFAN.

Kenya Revenue Authority invited Directorate of Criminal Investigation to investigate claims of money laundering in companies associated with businessman Humphrey Kariuki.

Responding to an application by African Spirits and wow beverages limited, the agency lawyer submitted that they had no experience or powers to investigate cases of money laundering.

When asked by Justice Luka Kimaru how the DCI and Director of Public Prosecutions came into the matter and how charges facing both African Spirit and Wow beverages are tax related matters, KRA lawyer Ochieng told the court that money laundering was outside the agency’s scope.

He told the court that the agency is the complaint and during the investigations they realised that they needed an experienced agency to investigate and prosecuted. He said the two agencies have materials to conduct investigations, which were beyond KRA’s capacity.

“Money laundering is outside the scope of KRA and that is why we asked DCI’s assistance since the office has experience and equipment to investigate such offences,” responded Ochieng.

The agency further told the court that it is within powers of the DCI to file miscellaneous application before a magistrate’s court for preservation of exhibits (money in the banks accounts) since they have capacity to keep the exhibits secure, to avoid them being transferred outside jurisdiction of the court.

“Having passed threshold and territory of tax evasion and that is how we included into the matter, the DCI to preserve money and evidence for us,” added Ochieng.

Ochieng also told the high court that they sought DPP’s assistance in prosecuting the matters which was outside the scope of tax agency.

DPP through senior assistant DPP Catherine Mwaniki told the court that African spirits have directors and shareholders who are interconnected and they are investigating serious offences.

“Investigation of this nature which include 15 intertwined are complex and in the public interest, this court should allow investigators to complete the investigations,” said Mwaniki.

Mwaniki questioned the conduct of Kiambu Magistrate court, setting aside its own orders, claiming that the court had no such powers.

“This has been happening in the magistrate courts and I urge you to make such a finding and vacate orders issued by both the Kiambu and Milimani court”, she submitted.

Earlier prosecution said investigation conducted on African Spirits, Wow Beverages Limited and their associates reveal possibility of money laundering.

In documents filed in court, Director of Public Prosecutions said the investigation is complex in nature because forensic analysis required to be undertaken.

“Taking into consideration of intertwined companies as described in the documents having noted that the DCI and Inspector General accordingly successfully made application before a Kiambu magistrate miscellaneous application dated August 16 with resultant orders that the funds held in the nine accounts at KCB and national be preserved for a period of 90 days”, said the investigating officer.

The document said African Spirits Limited shareholders and directors are signature wines (HL) limited, Golden valley properties limited, Gemtal limited , Claudine Mathis, Lionsbridge Limited, Kigumba limited, Axis logistics limited , Peter Njenga Kuria and Geofrey Kaaria Kinoti Mbabua.

Preliminary investigations have further revealed that that shareholders and directors of all companies named are one and the same persons and are even related.

According to CR13/12 records obtained from the office of Attorney General, the Kigumba limited appearing as a shareholder of African Spirits with one ordinary share, the shareholders and directors are Humphrey Kariuki Ndegwa, Kisima Management Company and Nyawira Wangari Ndegwa.

Billionaire Humphrey Kariuki with others mentioned above are shareholders and directors Axis Logistics limited a company which is a one shareholder of African Spirits Limited. Others people who are shareholders of companies mentioned in the court documents are Stuart Heard Gerald, Robert Ithinji Muriithi and Dennis Muriithi Kimathi.

WE ACCEDED TO SARAH WAIRIMU’S DEMAND TO BURY TOB COHEN TO AVOID PROLONGING DISPUTE , SIBLINGS TELL COURT.

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The wife of the late tycoon Tob Cohen Sarah Wairimu Kamotho before high court criminal division where she pleaded not guilty to murder charge on Thursday October 3,2019./PHOTO BY S.A.N.

BY SAM ALFAN.

The Director of Public Prosecution has vehemently opposed the release of the widon to Dutch tycoon Ton Cohen on bail.

While opposing the application for bail, the DPP through Wangui Gichuhi told the high court Judge Stella Mutuku that the accused person is facing serious charge and the sentence if found guilty is equally serious.

“The Sarah Wairimu has been charged with the offence of Murder and if found guilty the punishment to be meted could be that of death penalty and therefore there are more possibilities and incentives for the accused person to abscond if released on bail or bond”, she said.

In her submissions while referring to an affidavit filed in court by investigating officer Maxwell Otieno, wangui said that the post mortem examination conducted on the body of the deceased Tob Cohen revealed significant injuries and broken bones on the body and the course of death was established to be due multiple injuries due blunt force trauma.

” The manner in which Tob Cohen met his death or succumbed to the fatal gruesome horrific injuries inflicted on him was one of premeditated with intention to kill him and the fact that Sarah Wairimu and her accomplices threw the body in the water tank in an attempt to cover up the incident clearly indicates a guilty mind. Therefore there is a high possibility and likelihood that if Sarah is released on bail or bond she will inflict fear on the potential witnesses having know what she did to cohen”, added prosecution.

Wangui further said that investigation has further established that Tob Cohen’s family succumbed to the demands of Sarah while in custody to have her attend his burial after exercised undue pressure on their family threatening to prolong the burial day or delay the burial of their loved one by opposing the issuing of a burial permit which would have resulted to the delay of the burial going against Jewish burial rites if they did not consent to her attendance at the burial.

Lawyer Cliff Ombetta for Cohen’s family while supporting prosecution application told the accused person is dangerous at the moment and cannot be trusted to be with the public and she has interfered with the witnesses.

Ombetta added that the accused had the cool composure of living in a house with a body buried underneath (septic tank).

“She had the cool composure of living in a house with a body buried underneath and with no problem. That is a dangerous person”, added Lawyer Ombetta.

Court heard that Sarah Wairimu and her lawyer Philip Murgor and his assistant George Ouma arrived at the burial and caused disturbance by uttering words and refusing people to enter and pay their last respects to Cohen which caused public outcry and stones were thrown at her defence team and the matter is going to be investigated.

It was further submitted that investigation are on going and it was established that the accused person and through her agents have attempted to interfere with the course of justice and have made several attempts to interfere with witnesses standing as persons of influence in the lives of the potential witnesses.

Prosecution accused Murgor of calling potential witnesses under instructions of Sarah and asking what they had said during their interviews with the police creating an atmosphere of intimidation against the witnesses a fact that will form part of theor testimony in the court a clear indication of interferences.

But Murgor while applying for bail told the court that no compelling reasons were adduced by the prosecution to deny the accused bail.

Murgor told the court that Sarah is entitled to bail since she is innocent until proven otherwise by the court of law and she doesn’t know the state witnesses.

He said the accused property was declared as scene of crime and Sarah can’t access her property since it is under Director of Criminal Investigations George Kinoti through investigating officer called Mwangi.

Murgor accused the DCI by alleging he was assisting people who wanted to defraud Sarah her property located in Nairobi.

He added Sarah has no other means of income apart from her company Tob limited safaris which she is a director and a shareholder.

Prosecution told the court that on July 30, this the Embassy of the Kingdom of Netherlands reported the matter to Kileleshwa Police station to report disappearance of late Tob Cohen and were referred to the Directorate of Criminal Investigations, Headquarters.

Director of Public Prosecution George Kinoti commenced the investigations and in the course of the investigations and established that the Embassy had contacted the accused Sarah Wairimu on July 25 to enquire on the whereabouts of Cohen and informed them he left the country for Thailand on July 20.

The court heard that investigation revealed that the accused Sarah Cohen having been informed of the inquiry on the whereabouts or disappearance of Cohen’s it took her about twelve days to report him missing at the spring valley police station under OB No. June 17,2019 this is after the police station had tried to contact her and had visited her home to enquire on her husband’s whereabouts.

Investigators termed the delay of over 13 days from the last date, Cohen had been seen as one of inordinate delay and information received in the course of the investigations it was established that Tob Cohen was was last confirmed to be at his residence at 3:30 am on the material night of the July 10/30,2019 whilst in the company of the accused person.

Sarah during investigations has always maintained that she was in her home on the night of the 10 and day of the 20 July of July this year.

Detective told the court they cannot supply evidence at this stage but will serve the evidence during the hearing to avoid jeopardizing the imminent arrests of all the other accused person’s accomplice Tob Cohen’s body was discovered on September 13 ,2019 in an underground water tank at his residence he shared with the accused in Nairobi.

Wairimu has since been remanded at lang’ata women’s prison until October 11 when the court is expected to rule on her bail application.

Tob Cohen was a successful businessman from the Kingdom of Netherlands living in Kenya for more than 30 years holding various positions including that that of CEO of Philips Group of Companies East Africa until when he met his unfortunate gruesome death and found in a water tank at his home in along Farasi Lane in Mugomoni close.

WAIRIMU DENIES MURDERING HER HUSBAND, TYCOON TOB COHEN.

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The wife of the late tycoon Tob Cohen Sarah Wairimu Kamotho before high court criminal division where she pleaded not guilty to murder charge on Thursday October 3,2019./PHOTO BY S.A.N.

BY SAM ALFAN.

Sarah Wairimu Kamotho, the wife of the late tycoon Tob Cohen, has been charged with his murder before the High Court, in Nairobi.

Appearing before High court criminal division Lady Justice Stella Mutuku, Kamotho denied that she committed the murder on the night of July 19 and 20, jointly with others not before court.

The state through prosecutor Catherine Mwaniki will apply for the accused person to be denied bail. She sought to be granted five days to prepare an affidavit in reply to the bail application by her lawyer Philip Murgor.

The court heard that the prosecution needed time to contact the witness protection Agency and redact part of the statements of all the protected witnesses.

She submitted that there were compelling reason to show the court why she should not be granted bail.

Murgor opposed the request for more time stating that she has been in custody for 37 days and therefore, the prosecution had enough time to contact the witness protection agency and do file their reply.

Justice Mutuku declined to grant the prosecution the five days and ordered the parties to appear before her on Friday morning, for hearing of the bail application.

The Dutch national was found dead in an underground tank at his palatial home in Runda, almost two months after he was reported missing.

The police arrested his wife as the primary suspect in his murder.

POLICE ALLOWED TO CONTINUE HOLDING SUSPECTS IN OIL RACKET.

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Part of where Flying Squad officers arrested suspects yesterday during the raid at Industrial Area in Nairobi./PHOTO COURTESY OF DCI KENYA.

BY SAM ALFAN.

Seventeen people arrested by Flying Squad officers over allegations of possessing illegal petroleum products will be detained at Pangani police station awaiting completion of investigations.

Milimani Senior Resident Magistrate, Zainab Abdul allowed the police to continue holding Joseph Mwaura, Francis Wambui, Paul Kiriti, Philip Irungu, Nzioka Mavela, Paul Kamau and Michael Kinyanjui.

Others are John Mukono, Peter Muiru, Anthony Mwangi, Thomas Njau, Benson Wambua, David Kiriti, John Mwangi, Francis Ndirangu, James Kigo and Henry Mukono. They will be in custody for five days, as the police complete investigations over alleged siphoning of petroleum products.

The court heard that officers attached to the Directorate of Criminal Investigations, who were investigating the matter, needed to whether the fuel, which was recovered during the arrest, was petrol, diesel or paraffin.

“Due to the nature of the exhibits, the court to issue and order for Kenya Pipeline Company Nairobi to keep the petroleum products on motor vehicle KAY 990 D, white colour and KAQ 518U  canter yellow in colour as exhibits until investigations or case is heard and determined”, an application filed by the investigating officer stated.

The investigating officer Corporal Elijah Mbaluka told the court that they are investigating a case of siphoning of petroleum products contrary to section 98 (b) of the petroleum Act of 2019.

The court heard that the suspects were arrested on Wednesday at 6pm by DCI officers and Energy Regulatory Commission. This was after conducting an operation at Industrial Area along Nandume road of Lunga Lunga roads within Makadara.

It is alleged that petroleum products approximately 21000 litres, four generators, assorted horse pipes and 23 empty drums of 200 litres each, were recoevered.

Mbaluka told the court during the operation which is ongoing will come up with discovery of more illegal petroleum yards within Industrial Area, which may have connection with some of the suspects.

He said according to information so far, indicate that the suspect petroleum products does not meet the relevant Kenya standards.

The officer added that the owner of the yard where petroleum products were recovered and the two owners of the two motor vehicles have not yet been arrested or availed themselves to assist in the investigations. The investigating officer said the owners disappeared after hearing that police raid.

He added that he has not recorded statements from key witnesses and yet to receive an analysis report from Intertek testing services limited, Energy and Petroleum Regulatory Authority and other documentary exhibits that will form the basis of preferring criminal charges against the suspects.

INTER-WEB GLOBE BUREAU DIRECTOR CHARGED.

By Nairobi Times -
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Inter-Web Global Fortune Limited Manases Kuria Karanja before Nairobi Court on Wednesday October 2,2019./PHOTO BY S.A.N.

BY NT CORRESPONDENT.

The director of a Nairobi based Inter-Web Global Fortune Limited has been charged with carrying out a business as an online forex broker without a license.

Manases Kuria Karanja appeared before Milimani Principal Magistrate Kennedy Cheruiyot and pleaded not guilty to the charges.

The forex bureau director is accused between January 1, 2018 and August 31, 2019 at View Park Towers in Nairobi county, he was carrying out the business without licensed by the Capital Markets Authority (CMA) or the Central Bank of Kenya.

The prosecution informed the court that the accused person has been posting information touching on the case on social media and requested that he be restricted.

His lawyer did not object to the application but wanted the order to extend to Capital Markets Authority (CMA), all social media users and the media.

The magistrate noted that both the defense and prosecution were concerned about what is being posted on social media.

The application was denied on grounds that the matter is a public trial and the public has a right to know.

Magistrate ruled that CMA is law abiding and is expected to act in accordance with the law.

The accused was released on a bond Sh 2 million and or a cash bail of Sh 1 million pending hearing and determination of the criminal case.

He was also ordered to deposit his passport in court until further orders.

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