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DPP CITES CASE OF MONEY LAUNDERING IN BILLIONAIRE HUMPHREY KARIUKI’S BUSINESSES.

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Embattled billionaire Humphrey Kariuki with Stuart Gerald before Milimani Chief Magistrate Court where they pleaded not guilty to the charges on Monday August 19,2019./PHOTO BY S.A.N.

BY SAM ALFAN.

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.

The DPP said 90 days are still active and it expires on November 16 which Director of Criminal Investigation George Kinoti and IG is expected to have completed the investigation or alternatively seek further orders.

The DPP made an application opposing orders unfreezing nine accounts belonging to the companies.

The prosecution argued that African Spirits has failed to prove or demonstrate that DPP and IG have been forum shopping or abused the legal process as they have never raised any of the issues before courts and further demonstrate that any evidence of double jeopardy.

WAJIR RESIDENTS OPPOSE APPOINTMENTS TO COUNTY SERVICE BOARD.

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Wajir Governor Mohammed Abdi who two companies are being investigated over purchase of two luxury vehicle worth over Sh 26 million.

BY SAM ALFAN.

Wajir Governor Mohammed Abdi has been sued over appointments to the County Public Service board.

In a case filed under certificate of urgency, three residents Ahmed Adan Hefow, Noor Abdi Abdille and Hassan Mahat Farah through lawyer Abdirazak Mohammed accused the governor of conducting a marred exercise with unfairness, inequality and nepotism. They alleged that the people appointed are associated with the County boss.

Governor Abdi is said to have appointed the board’s chairman, secretary and five members to the County public service board, all his relatives.

“The Governor, the Wajir county government and the county assembly has failed or neglected to consider the unique balance and minority rights in the nominations of August 30,” reads the court documents.

The trio now want the court to bar the Wajir county assembly appointment committee, from vetting and approving the seven nominees, pending the determination of the petition.

They are also seeking conservatory orders restraining the county assembly from debating, hearing, adopting and approving the report of the appointment committee in the event it proceeds to do the vetting pending the determination of the matter.

According to documents filed in court, the governor is said to have left out qualified and competent applicants during the interviews, to pave way for the seven unfit, incompetent persons, who happen to be his close relatives.

It is said that the applications were submitted to the governor who nominated a list and forwarded the same to the county assembly for vetting without considering the qualifications of the nominees.

The county Governor is accused of failing to follow the principles and values of the constitution while nominating the seven County public service board members to be vetted by the county assembly.

They also pointed out that in the nominations, minority clans were not considered though qualified as per the advertisement dated June 28.

“That the nominated list is clear in discrimination and shows nepotism at best and flouted the two third gender rule. Further, it does not show ethnic balance,” says lawyer Abdirazak.

High court judge James Makau has certified the matter as urgent and directed the petitioners to serve the Governor, Wajir county government and the county assembly for the hearing.

 

WANTED SPY JANE MUGOH CHARGED WITH THREATENING TO KILL.

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Wanted private investigated Jane Mugoh before Milimani Law courts on Wednesday September 18,2019./PHOTO BY S.A.N.

BY SAM ALFAN.

The most wanted spy queen has been charged before a Nairobi Court with two counts of threatening to Kill.

Jane Mugoh who is chief executive of Trimo security limited appeared before Milimani Chief Magistrate Francis Andayi and denied threatening to kill charges levelled against her by the state.

Jane is accused that on February 4 ,2019 at Kyuna close within spring valley in Gigiri sub county in Nairobi without lawful excuse drew a pistol threatening to kill Deepa Shah.

She is also accused that on August 15, this year at Muthaiga in Starehe sub county in Nairobi without lawful excuse drew a pistol and threaten to kill Patrick Mugusia Kefa.

According to the two charge sheet filed in court, police have listed six witnesses including a police officer.

She has been released on Sh 300,000 or a bond of Sh 500,000.
The case to be mentioned on September 30.

ANOTHER HURDLE FOR JUBILEE’S MARIGA IN KIBRA CONTEST.

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Jubilee Kibra aspirant MacDonald Mariga.

BY NT CORRESPONDENT.

Jubilee’s MacDonald Mariga is not yet off the hook after an aspirant filed a complaint at the Political Parties Dispute Tribunal, challenging his nomination as flag bearer in the forthcoming by-election.

Morris Peter Kinyanjui, who lost during the nomination and petitioned the party without success, moved to the Tribunal arguing that the process was flowed. He has sued Mariga, Jubilee Party Election Board and named IEBC as a respondent.

He said in the petition that the process of nomination was not conducted in adherence to the party’s constitution and to the laid down regulations. “The applicant strongly believes that he has a prima facie case which is likelihood of success,” reads the petition.

He said he was aggrieved by the IEBC decision as he believes that due process was not followed in selecting Mariga as President Kenyatta’s party ticket holder.

He has urged the board to hear and determine the case before the by-election set for October this year.

Independent Electoral and Boundaries Commission dispute tribunal cleared the retired international footballer a few days after the Kibra Returning Officer rejected his nomination saying he was not a registered voter.

The Tribunal later ruled that they had established that Mariga was a registered voter in Starehe and okayed him to face ODM’s Imran Okoth and 11 other candidates in the by-election.

AHMEDNASIR NOW WANTS ORENGO EXCLUDED FROM WESTON HOTEL DISPUTE, CLAIMS SENATOR WORKING ON BEHALF OF ODM LEADER RAILA ODINGA.

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Senior Counsel Ahmednasir Abdullahi who wants Siaya Senator James Aggrey Bob Orengo out of Weston Hotel Land case.

BY SAM ALFAN.

Senior Counsel Ahmednassir Abdullahi now wants Siaya Senator James Orengo stopped representing Kenya Civil Aviation Authority in a dispute involving the land on which Weston Hotel stands.

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.

Last week, 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 KCAA secured orders on June 21 blocking the valuation, sub-division, sale and transfer of the land.

Bank Secretary Bonnie Okumu explained in a supporting affidavit that Weston Hotel received loan facilities of Sh350million and USD1.5million by a charge dated October 9, 2014 that was registered on October 27, 2014. The firm reportedly secured Sh700million by a further charge dated July 8, 2015 and registered on July 27, 2015.

Okumu said the bank relied on confirmation by the Registrar of Lands that Weston Hotel was the duly registered owner of the property. “If the bank is not enjoined as an interested party, there is a real risk that KCB may be rendered a by-stander as orders which are adverse to its beneficial interests as granted to KCAA,” he said.

Environment and Land Court Judge Bernard Eboso imposed the sanctions on National Land Commission (NLC), Weston Hotel Ltd, Priority Ltd and Monene Investments Ltd following and urgent application by the State agency.

The Judge stopped the implementation of the decision made by the NLC on January 25 allowing the owners of the hotel to pay compensation to the agency at the market value to enable it to purchase alternative land.

The disputed public land had been acquired by the defunct Directorate of Civil Aviation (DCA) in the early 1990s for the construction of its headquarters.

Justice Eboso directed lawyer Stephen Biko Ligunya to serve the three firms with court papers to facilitate the hearing of the matter on July 4.

In court papers, KACC argued that Priority Ltd and Monene Investments sold the land to Weston Hotel Ltd in June 2007 at the deliberately undervalued price of Sh10milion.

The two firms, the documents state, then embarked on rapid construction without obtaining mandatory development approvals from relevant State regulatory agencies.

 

EQUITY BANK MANAGER AMONG THOSE DETAINED OVER SH42 MILLION HEIST.

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Moyale Equity Bank operations Manager Roba Diba Boru and Wells Security Company Langat Kipngetich Nelson who have been detained for 10 days to allow police complete investigations over disappearance of 42 million from Equity Bank Moyale branch before a Nairobi Court on Monday September 16,2019./PHOTO BY S.A.N

BY SAM ALFAN.

The operations manager of Equity Bank in Moyale and Wells security company officer will be detained for 10 days to allow police complete investigations over disappearance of 42 million from the lender.

A Nairobi court ordered Roba Diba Boru and Langat Kipngetich Nelson for ten days after officers attached to the Special Crimes Prevention Unit filed an application seeking to detain the two for 21 days.

The court, however, declined the request to keep them in custody for three weeks considering they had been arrested by officers from Moyale who released them but later rearrested.

They were escorted to the DCI headquarters in Nairobi upon fresh evidence indicating that they were linked to the disappearance of Sh42 million from Equity Bank, Moyale branch.

The police told the court the investigation have commenced to trace the entire group of persons involved and recovery of the Sh42 million. The court heard that there was compelling reasons to detain the accused in custody.

In their affidavit, the officer said upon arrival at the ODDA- Airstrip Moyale, it is alleged that three men armed persons emerged and moved the consignment containing the money in question while using motorbikes ordering all of them to lie down.

Preliminary investigations reveal that the two were aware of the regulations and security standards to be governed to have directed the pilot not to land at the ODDA-Airstrip Moyale at the material time noting that no proper security measures had been put in place.

Forensic investigation and analysis is ongoing to enable the DCI officers to trace where the money is and connect all the persons involved and if the suspects be released they will interfere with investigations especially the tracing of the money.

“There is a high likelihood of the Roba Diba Boru and Langat Kipngetich Nelson interfering and intimidating the key probable witnesses if released before we secure all the evidence and the consequences arising thereafter will be so severe as it will be too late to salvage the situation and therefore justifiable to subject them to continued detention,” the affidavit reads.

KITTANY TO ATTEND BURIAL OF HER FATHER IN-LAW , IN MERU.

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Maryanne Jebet Kitany with her lawyer Danstan Omari outside Milimani Law Courts./PHOTO BY S.A.N.

BY NT CORRESPONDENT.

The estranged wife of Meru senator Mithika Linturi, Marianne Kitany will attend the burial of the politician’s father in Igembe tomorrow.

The couple is entangled in a bitter court battle over matrimonial property after Kitany filed for divorce. The case is pending in court and hearing resumes on September 24.

Speaking at Milimani law court, Kitany’s lawyer Danstan Omari said she will attend the burial of her father in-law to give her his last respect. He said she has already secured two choppers for the event.

Lawyer Omari said Kitany has moral, social and cultural obligation to attend the burial of her father in-law. “The people she is going to condole with are people she cooked for, for long time. People she worked with and for and are relatives,” he said.

Kittany confirmed personally confirmed to NairobiTimez she will be attending the burial in Egembe.

“I will be there to mourn my father in law whether bmithika wants or not. My father in law loved me and respected my family so me and my family will be there to pay our last respects”, said Kittany.

Omari dismissed claims of drama during the funeral should Kitany meet hostility. “And if anything, the security apparatus are still working to prevent any acts of lawlessness,” Omari said.

The trial was adjourned last month for a day to allow her mourn the passing of senior Linturi. Curiously, the Senator wanted the case to proceed arguing that she should not use his father’s death to delay the matter yet he was suffering. He also claimed that his father was shocked to hear her claim that she was the one who built him a house yet he has able sons and daughters.

LENOLKULAL FAULTS JUDGE IN BARRING HIM FROM ACCESSING HIS OFFICE.

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Samburu Governor Moses Lenolkulal at Milimani Law court./FILE PHOTO.

BY SAM ALFAN.

Samburu Governor Moses Lenolkulal has urged the court of appeal to quash decision by High Court barring him from accessing his office over corruption charges.

In the appeal, the embattled Governor said the judge erred in finding section 62(6) of Anti-Corruption and Economic Crimes Act (ACECA) contravenes the constitution.

Through Lawyer Paul Nyamodi, Lenolkulal told the appellate court that judge erred in law in finding that a proper reading of section 62 (6) of the Anti-Corruption and Economic Crimes Act requires the Governor once charged with ACECA should not continue to perform the function of Governor while criminal case is pending before court.

He argued that the judge erred in law by introducing new issues and arguments into the ruling that were never argued before High Court at the hearing of the application for revision which was not opposed. He said the court denied him the opportunity to respond contrary to the law.

Lenolkulal in his appeal also argued that in failing to find the orders of trial court barring him being a constitutional holder from accessing his office unless the authorisation of the Chief Executive officer of EACC, rendered the Governor subject to the authority of EACC CEO contrary to the law.

He claim that the judge erred in failing to find that the trial court order of May 15, 2019 barring the Governor from accessing his office unless authorized by EACC CEO was unlawful and unconstitutional.

He accuses the judge of being bias and being prejudicial against him by allowing her personal views or beliefs which were contest to the express provision of the statute law and which found itself in the ruling.

The Samburu County boss further argue that the judge erred in reading or rewriting the provision of section 62(6) of the ACECA by finding that if the said section is to be given an interpretation that protect the appellant access to his office, then the conditions must imposed that protects the public interests and by so doing the learned judge legislated contrary to Article 94 of the constitution.

He further argued that Judge Ngugi applied an unknown doctrine of constitutional interpretation and application in interpreting the constitutional otherwise of section 62(6) of Anti-Corruption and Economic Crimes Act (ACECA).

“Mumbi Ngugi erred in law in finding that section 62 (6) of the Anti-Corruption Act is inconsistent or contrary to the constitution notwithstanding that the court had not been asked to make this finding,” said the Governor.

Judge Ngugi ruled that she was not satisfied there was an error of law in prohibiting Governor Moses Lenolkulal from accessing his office which according to the trial court is a scene of crime.

“The trial court did in making the order requiring that the applicant (Moses Lenolkulal) obtains the authorisation of the CEO of EACC before accessing his office. In the circumstances ,i am not satisfied that there has been an error of law that requires that this court revises the said order and i accordingly decline to do so”, ruled judge Ngugi.

The learned judge added that section 62(6) are contrary to the constitution requirements of integrity in governance.

“It seem to me that provisions of section 62(6), apart from obfuscating, indeed helping to obliterate the ‘political hygiene’ that Nyamondi spoke of, are contrary to the constitutional requirements of integrity in governance , are against the national values and principles of governance and the principles of leadership and integrity in chapter six , and undermines the prosecution of officers in the position of the applicant in this case. In so doing , they entrench corruption and impunity in the land”, said judge Ngugi.

Lenolkulal through lawyer Paul Nyamondi by a letter dated June 3 applied for revision of orders issued by the trial court magistrate Douglas Ogoti prohibiting the governor from accessing his office.

Magistrate Ogoti barred the governor and his co-accused from accessing any of the Samburu County offices pending hearing and determination of the criminal case against them.

Lawyer Nyamondi argued that the concern of the trial court the accused would interfere with witnesses because he is in position of authority over the prosecution witnesses is speculative as no evidence of such interference was presented by the prosecution and investigations are complete.

He added that the bail term term condition requiring the Governor to seek authorisation from the EACC CEO before accessing his office is unreasonable and unconstitutional.

Director of Public Prosecution through senior prosecutor Alexander Muteti filed an application to bar the Governor Lonelkulal, Stephen Siringa Letinina, Daniel Nakuo Lenolkirina, Josephine Naamo Lenasalia, Reuben Marumben and Paul Lolmingani from accessing the county offices.

Others barred are Benard Ltarasi Lesurmant , Lilian Balanga , Geoffrey Barun Kitewan and Hesbon Jack Wachira Ndathi. All the officials are facing corruption charges and the prosecution wants them not to access offices for at least 24 months.

WIN FOR RASTAFARIANS AFTER COURT ALLOWS TEENAGE GIRL TO KEEP DREADLOCKS

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Rastafarians before the High Court in Nairobi on Friday September 13,2019./PHOTO BY S.A.N.

BY SAM ALFAN.

The High Court has ruled that Rastafarian is a recognized religion and therefore no student should be expelled for keeping dreadlocks.

In a judgment expected to generate huge debate, Justice Chacha Mwita ruled that Rastafarian is a recognized religion with genuinely-held beliefs like keeping the 10 commandments and observing the Sabbath.

The case follows a petition filed by a man whose teenage daughter was expelled from a high school in Kibra constituency, for keeping dreadlocks. She was expelled after failing to shave them as directed.

Justice Mwita allowed the 15 year old girl to continue with her education after finding that the school violated her right to education and religion.

The judge said, “The girl kept dreadlocks not out of choice but as a manifestation of her religious beliefs.”

The school was further prohibited from interfering with the girl’s education on religious grounds.

“There must be reasonable accommodation for religious beliefs and the stand taken by the school that she must shave her hair is contrary to her religious beliefs under Article 32,” the judge ruled.

The judge said school rules are not meant to visit punishment on students to the extent that they discriminate the Rastafarian child, they are therefore unconstitutional.

According to the judge, school rules must respect religious beliefs and as a result, the girl should be allowed to continue with her education. The court found that school failed to show there was no alternative other than to expel the girl.

Through lawyers Shadrack Wambui and Dudley Ochiel, the girl argued that her right to education cannot be compromises by her right to the manifestation to her religious beliefs.

The lawyers further submitted that the student had disclosed that her religion is Rastafarian during her admission and the school admitted her and allowed to attend two classes.

According to lawyer Ochiel, the decision by the court is a win for freedom of religion and a celebration of diversity.

COURT DETAINS WIFE TO MISSING DUTCH BUSINESSMAN TO LANGATA PRISON.

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Missing businessman Tob Cohen's wife Sarah Wairimu Kamotho with lawyer Philip Murgor before High Court Criminal Court after she was ordered to undergo mental assessment before pleading to charges of murder on Thursday September 12,2019./PHOTO BY S.A.N.

BY SAM ALFAN.

High Court Criminal Division has ordered immediate detention of the wife of missing Nairobi based Dutch businessman Tob Cohen’s wife Sarah Wairimu Kamotho at Langata Women Prison

Vacation Judge Charles Kariuki further Wairimu to undergo mental assessment before pleading to the murder charges.

According to a charge sheet filed in court by the prosecution,  Sarah Wairimu Kamotho on the night 19 and 20 July jointly with others not before court murdered Tob Cohen.

Cohen is a former Chief Executive Oofficer of Philips Electronics East Africa and was reported missing in July and it is 60 days since his disappearance.

This after the Director of Public Prosecution through Catherine Mwaniki told the court that they are ready to charge Wairimu with the murder of Cohen, her husband.

However Mwaniki said that they want her taken for medical assessment first to ascertain whether she is fit to take plea which is a requirement for all murder suspects.

Wairimu’s lawyer Philip Murgor opposed the submissions by the prosecution saying that they can not charge Wairimu since there are no copies of evidence and it has not yet been established whether Cohen is dead or not.

Mwaniki opposed stating that there are witnesses together with their statements which ought to be protected.

“The procedure in charging a person with murder usually is to take a suspect for mental assessment while in custody, take plea and after that they can apply for bail,” added Mwaniki.

The case will be mentioned on Monday before the justice Jessie Lessit for plea taking next.

The matter will be mentioned next week before High Court criminal division presiding Lady Judge Jessie Lessit for further directions.

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