Blog Page 224

KIAMBU VOTER CHALLENGES CABINET SHUFFLE- ARGUES THAT DEPUTY GOVERNOR HAS NO SUCH POWERS.

By Nairobi Times -
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Embattled Governor Ferdinand Waititu with his deputy James Nyoro.

BY SAM ALFAN.

A Kiambu voter has challenged the decision Deputy Governor James Nyoro to reshuffle the county executive.

In a petition, Benard Chege Mburu argued that on September 6 2019, Nyoro, the Kiambu deputy governor published in the Kenya Gazette a notice purporting to reshuffle of the County Executive Committee Members, swapping CECs in charge of Finance an economic planning and that of Trade, Tourism, Cooperatives and Enterprise Development.

Chege wants the court to quash the purported reshuffle arguing that Nyoro does not have such powers.

He argues that Nyoro has not been appointed as acting Kiambu governor under the law and Article 179(5) of the constitution, which allows a deputy governor to exercise the powers of the Governor in their absence.

He said section 30(4) and (5) of the County Government Act in word and spirit, prohibits the DG from re-organizing or disturbing the structure of the County Government.

Chege further adds that on August 20, the Kiambu County Attorney gave an advisory stating that the DG did not have powers to reshuffle County Executive Committee members.

“DG Nyoro is purporting to exercise powers that he does not have it in law and the unlawful acts are a recipe for untold chaos in Kiambu County as they do not have the blessings of the Governor who is likely to revise them immediately or in future,” Chege said.

He argue that the DG is not the appointing authority so he has no authority to dismiss or reshuffle members of appointed by the embattled Governor Ferdinand Waititu and any decision, requires approval of the County assembly.

“The illegal acts of the DG will create a stalemate that will gravely affect service delivery to the people of Kiambu especially as one of the dockets affected is finance,” added Chege.

He also claims that as voters in Kiambu County, they voted for a governor whom they expected to deliver services to them while the Deputy Governor is a nominee of the Governor. The petition added that the law is very clear when a Deputy Governor is a nominee of the Governor and the law is very clear when a Deputy Governor assumes the office of the Governor, a situation which has not arisen.

He has named as respondents the DG,Attorney General, Governor Waititu and CECs Francis Njenga and Wilson Kangethe as Interested parties.

The voter also claim that it is in the public domain that the DG fell out with the Governor and his action is informed by malice and vendetta.

The CECs were interviewed before nomination and vetted by the County Assembly before appointment and found to quality for the specific dockets they were appointed for.

“Reshuffling them is both unlawful as sell as a smack to the principles of good governance as no process has been undertaken to ascertain of they affected CECs are fit, competent and have capacity to execute the new mandate,” he added.

Chege argue that the decision, if allowed to the stand, would set a dangerous precedent as deputy governors would usurp the authority of governors every time the later are either sick or temporarily away and seek to replace the appointees of the governors or restructure the County Government only for the governors to subsequently reverse such acts.

JUDGE HALTS ANGLO LEASING TRIAL PENDING DETERMINATION FILED BY DPP.

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The Kamani's and their co-accused before a Nairobi Court./FILE PHOTO.

BY SAM ALFAN.

The High Court has suspended the trail of suspects implicated in the Sh3.5 billion Anglo leasing pending the hearing of an application filed by the Director of Public Prosecutions.

Justice Jessie Lesit stayed the proceedings before trial Magistrate Martha Mutuku, who had earlier disallowed the prosecution to introduce additional evidence in the case.

“The order of stay of the proceedings in ACC NO. 4 of 2015 Rep-vs David Mwiraria and six others pending hearing and determination of the application for revision is hereby granted,” Lesiit ruled.

The DPP Noordin Haji filed application after he was denied the chance to introduce crucial evidence.

Mutuku had dismissed the application filed by Senior Assistant Prosecutor Nicholas Mutuku, who sought to call four more witnesses.

In the case former PSs Joseph Magari, Dave Mwangi and David Onyonka and businessmen Deepak and Rashmi Kamani, together with their father Rasmi Chamanlal have denied conspiring to defraud the Government over Sh 3.5 billion.

Prosecution had applied to have an officer identified as Kahiga from EACC, document examiner Jacob Prior, Samuel Kariuki from immigration department and Easther B. James from postal corporation testify in the trial. Tw of them were already in court but the magistrate declined the application saying it was too late in the day.

The prosecution had earlier been supplied with the witness statements and the documents the said witnesses to rely on which they acknowledged by signing an inventory.

Senior Counsel Ahmednasir Abdullahi for Deepak Kamani’s had opposed the application arguing that calling more witnesses would delay the matter and infringe on the accused persons right to a fair trial.

The defence further argued that since they were expecting the investigating officer and they had crystallized their defence on documents earlier supplied.

Prosecution responded saying they had disclosed the evidence in compliance with the law and prosecution case was still open after 45 witnesses testified.

“The defence have right to cross examined the intended witnesses and if they were at to seek adjournment and not object to calling of witness,” said Mutuku.

Ethics and Anti-Corruption Commission (EACC) deputy director Julius Muraya who gave evidence in the case told the court that he and his colleague interviewed Brirkenfeld who had been said to be a director of Infotalent Ltd, a company awarded a tender contract by Kenya Government. He said the businessman told the court that the signatures said to be his were forged and that he has never been a director that company.

Led in his evidence in chief by Mr Mutuku, Muraya who is also the head of the Mutual legal Unit told the court that they interviewed Birkenfeld by showing him a proposal by Infotalent systems a letter dated August 22,2003 purportedly written and signed by him.

 

He said that Brirkenfeld denied the signature, saying it is a forgery. Muraya said Brirkenfeld also denied having talked to or corresponded with any Kenyan Government officials over Infotalent contract.

The witness had and one John Kiilu traveled to Miami in Florida state where they conducted interview with Birkenfeld on June 11, 2015 in his lawyer’s office.

He said this was after the Attorney General made a request for mutual legal assistance to the Government of the United States of America in respect of Birkenfeld and Infotalent system Ltd.

Muraya said the request related to investigations into a contract for the procurement of a law and order system for the Kenya police known as “Project E-Cops” single sourced to Infotalent Ltd at a price of Euros 59,688,250 which contract was purportedly signed by Brirkenfeld in his capacity as a director.

He said that Birkenfeld through the Federal Bureau of Investigations (FBI) indicated that he was willing to be interviews but in the presence of his advocate Gerald Greenberg at Miami in Florida State.

The court heard that one Mario Garcia Tariche, a special Agent with the FBI was tasked to oversee the interview.

“Owing to the fact that the denial tended to contradict contract which bore the signature of Birkenfeld, on February 11, 2015, the commission made  a request for mutual legal assistance to the Government of US to interview him in respect of his signature and the pre-contractual correspondence allegedly emanating  from the office of managing director Ifotalent systems Ltd and Infotalent Ltd in Switzerland,” said Muraya.

PRIORITY LTD, A COMPANY ASSOCIATED WITH DEPUTY PRESIDENT SAYS IT LEGALLY OWNS WESTON HOTEL LAND.

By Nairobi Times -
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Weston Hotel in Nairobi.

BY SAM ALFAN.

Priority Limited has said it is the bona-fide and legitimate registered owner of disputed land on which Weston Hotel in Nairobi stands.

While responding to a suit filed by Kenya Civil Aviation Authority (KCAA), the company said it has all rights of a registered owner, statutory in equity and fact and cannot be faulted through the petition filed.

“The 3rd respondent (Priority limited) asserts the Torrens common law doctrine. The register bearing our name as the registered owner, duly created, maintained, managed and controlled by the state, at the material times, serves as conclusive evidence of the ownership and indefeasibility of the priority Limited’s title as the proprietor and owners of all rights and interests on and over the land parcel,” said the company.

The company added that it was the owner of the land parcel to the exclusion of all others who are not registered including KCAA.

Priority limited further added that KCAA has no worthy evidence and has never been the owner or registered proprietor hence has no rights or entitlements to the parcel as pleaded in the petition.

“The allegations of improprieties, illegalities or fraud on its titles are false and KCAA is put to strict proof on each and every allegations made and have not been materially challenged by making argument which do not amount to constitute evidence of impropriety, illegality  or fraud as alleged.

The company denied any impropriety in its registration, unlawfulness on any allocation to the parcel land. It further denied committing any acts of illegality fraud, corruption on any dealings in relation to the parcel of land including allotments, registrations or conveyances.

Priority Limited also denies affecting any forcible eviction of the KCAA, DCA or any employees and allegations that it caused or is responsible the petitioner for any prejudice, inconvenience, and interruption of KCAA on account of any alleged or purported strategic location.

The company dismissed claims of grabbing any public land as alleged by KCAA and denied being beneficiary of any fraud or corruption allegedly abetted by the National Land Commission or by Weston Hotel Limited and Moment Investment Limited.

Priority Limited denied any allegations of conspiracy to defraud KCAA, any parcel party of its parcel and decline to admit any allegations on its dealing with the parcel.

The company further declined to admit effecting any conveyance of parcel at any under value and that any value placed on the parcel of land was at its discretion in the free market economy under which transaction is done and the company makes no admission on the alleged illegal sale.

Court blocked the valuation, sub-division, sale and transfer of the controversial land on which Weston Hotel in Nairobi stands.

The court stopped any plans on the controversial parcel, pending the outcome of the ownership dispute lodged by the Kenya Civil Aviation Authority (KCAA).

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.

“They procured registration as owners of the land through illegality, fraud and corruption and forcibly evicted the DCA and its employees. They forcibly removed the DCA’s costly air navigation equipment and spares and dumped them at sites in Industrial Area and Athi River, causing their degradation from harsh exposure to the elements,” the agency protested in its petition lodged by Rachier and Amollo Advocates.

The owners of Weston Hotel Ltd had deliberately failed to comply with KCAA’s orders to stop construction, despite clear indications that the development along Langata Road posed a threat to air navigation at the adjacent Wilson Airport, the agency said.

THIKA BASED DISTILLER PLEADS WITH COURT TO UNFREEZE ITS ACCOUNTS.

By Nairobi Times -
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Three African Spirits Limited Peter Njenga, Robert Muriithi and Kepha Githu before Milimani Chief Magistrate Court on Friday August 9,2019./PHOTO BY S.A.N.

BY CORRESPONDENT.

Thika-based Africa Spirits Limited plant has filed an application seeking to set aside orders issued by a Kiambu court through miscellaneous application freezing its bank accounts for 90 days.

The court froze the accounts to allow the police conclude investigations on alleged tax evasion by the company.

The alcohol maker argued that the orders were obtained through the abuse of legal process, by misrepresentation and non-disclosure of material facts.

The company’s accounts at National Bank and Kenya Commercial bank were frozen after prosecution sought to have the funds in the accounts preserved, pending conclusion of investigations of tax evasion, running into billions of shillings.

In documents filed in court, the company says that the order freezing the accounts have rendered them unable to comply with another orders issued by Milimani Chief Magistrate Francis Andayi, which directed the company’s directors to deposit Sh11 million in court after denying charges of tax evasion.

“Unless the orders issues in Kiambu magistrate court misc. Criminal application Number 367 of 2019 preserving bank accounts of affected parties for 90 days are immediately stayed, affected persons, who are operational business and companies are likely to shut down their operations, default on their monthly statutory obligations such as NHIF, NSSF, PAYE, VAT etc all which will attract penalties and default in paying their workers and creditors, causing them grave suffering, harm and loss”, reads part of the application.

The company added that warrants issued in Kiambu court were illegal and unlawful as the magistrate had no jurisdiction to issue an order for preservation of the funds.

They also claim that the application by the DPP was an abuse of the court and legal process.

The firm further claim that the prosecution deliberately misled the court that they are investigating offences of failure to pay taxes, being in possession of customised goods and being in possession of counterfeit stamps, yet the same were made at the time of making allegation relation to three cases pending before Milimani chief magistrate.

“If the orders are not immediately stayed and set aside, they will certainly cause grave harm, loss and dame to the companies, indignity of their employees, suppliers and creditors will suffer,” claims the company.

Three employees of Africa Spirits limited employees are facing tax evasion worth over Sh40 billion.

Peter Njenga, Robert Muriithi and Kepha Githu appeared in court and denied the charges before chief magistrate Francis Andayi.

Other accused persons led by Humphrey Kariuki Ndegwa, Stuart Gerald Herd, Geoffrey Kaaria Githinji and Simon Maundu, are still at large.

The accused persons together with African Spirits Limited and Wow Beverages limited are accused several charges among them evading tax, six counts of fraud in relation to tax, two counts of aiding commission of a tax offence.

In the second file, the eight accused persons face charges of being in possession of unaccustomed goods values at Sh7.4 million and conspiring to defraud the government of Kenya tax of Sh5.7 million.

The last file contains charges of being in possession of 12 reels of counterfeit excise stamps, five counts of aiding commission of a tax offence, four counts of being in possession of excisable goods affixed with counterfeit excise stamps.

LSK NOW DEMANDS THAT DPP DROPS CHARGES AGAINST MOMBASA MAGISTRATE.

By Nairobi Times -
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BY SAM ALFAN.

Law Society of Kenya has demanded the immediate withdrawal of charges preferred against Mombasa Principal Magistrate Kagoni Matsingulu.

The lawyers’ umbrella body said in a statement the Director of Public Prosecution Noordin Haji should withdraw the charges unconditionally. Through its President Allen Gichuhi, LSK said if need be, they would lodge a complaint on the matter through constitutionally mandated bodies charged with handling matters of such nature.

LSK further said the action taken by the DPP to prosecute a judicial officer while exercising their judicial function, by directing that exhibits be stored by judiciary, is ultra-vires, unconstitutional and threat to judicial independence.

Article 160 of the constitution state that, a member of the judiciary is not liable in any action or suit in respect of anything done or omitted to be done in good faith in the lawful performance of a judicial function.

The society further reiterated that the extent that the charge seek to challenge the decision of the magistrate with respect to storage of the exhibits remains unconstitutional.

LSK also noted the disregard of court orders issued yesterday by the High Court in Mombasa, directing the release of the embattled magistrate on a cash bail of 100,000 pending hearing and determination of a petition filed on his behalf.

“The action portrays the office of Director of Public Prosecutions in a negative lights and sets a dangerous precedent. It also places unnecessary hurdles to our members in their discharge of professional duties as it hampers their efforts to obtain immediate compliance to the court orders”, added Gichuhi.

ATTEMPT TO CHARGE MAGISTRATE IS ATTACK ON INDEPENDENCE OF JUDICIARY BY DPP, KMJA SAYS.

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Director of Public Prosecution Noordin and Kenya Judges and Magistrates Association Secretary General Derrick Kutto.

A weak and not so independent Judiciary is a recipe for disaster and Kenyans know this too well.
.
In conclusion, disobedience of court orders, disregard of the rule of law and criminalization of judicial function should be frowned upon by all.

BY SAM ALFAN.

Kenya Judges and Magistrate association has condemn mistreatment, harassment and abuse of Constitutional rights of embattled Mombasa Principal Magistrate Kagoni Matsigulu.

Through the association Secretary General Derrick Kutto, they say attempted prosecution of their learned colleague is a brazen attack on the decisional independence of the judiciary and judicial officers by the Office of the Director of Public Prosecutions (DPP).

“This amounts to criminalisation of judicial work. We find this to amount to intimidation of members of the bench by the DPP and the police”, said Kutto.

He added DPP move is meant to distract it members from the hardwork and dedication that they put in each passing day in their quest to do justice to “Wanjiku” and further uphold the rule of law.

The association further added that Kenya is governed by the rule of Law and urged all entities to respect the law and be guided by the Constitution.

“Shoving our brother from one police station to another as if he is a hardcore criminal is unfortunate. We hasten to add that these unfortunate attacks attributed to the aforementioned offices are not new”, added SG Kutto.

KMJA reiterated that they will continue protecting the independence of its members to make sure that the judiciary continues delivering its mandate which is integral to our democratic governmental system. It is the right of all Kenyans to have a judiciary that is not cowed from settling disputes independently and in accordance with the rule of law.

The association said there is a bad narrative to paint Judges and Magistrates in bad light. They urged Law Society of Kenya, other organizations and Kenyans of good to support the independence of the Judiciary.

yesterday high court ordered immediate release of the Principal Magistrate Kagoni Edgar Matsigulu pending hearing and determination of the case.

The judge also released the magistrate on a bond of 100,000 or a cash bail of 20,000. The amount should be deposited with court registrar.

Mombasa high Court Judge Reuben Nyakundi also ordered Edgar not to be charged with any criminal charges.

RELIEF FOR MAGISTRATE IN DRUG CASE AS HIGH COURT ORDERS HIS IMMEDIATE RELEASE.

By Nairobi Times -
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Mombasa Principal Magistrate Kagoni Edgar Matsigulu.

BY SAM ALFAN.

It is a reprieve for Mombasa Principal Magistrate Kagoni Edgar Matsigulu in drug case.

This is after High Court ordered immediate release of the Principal Magistrate Kagoni Edgar Matsigulu pending hearing and determination of the case.

The judge also released the magistrate on a bond of 100,000 or a cash bail of 20,000. The amount should be deposited with court registrar.

Mombasa high Court Judge Reuben Nyakundi also ordered Edgar not to be charged with any criminal charges.

The judge also ruled that Edgar should not be charged with criminal proceedings based on recommendation of the Director of Criminal Investigations George KINOTI to DPP Noordin Haji.

“Plea shall not be taken and criminal proceedings shall not be undertaken nor progressed with based on the recommendation of the DCI to DPP to charge Magistrate Edgar and the consequential decision of the DPP contained in the press statement dated on September 7,2019 to charge Kagoni Edgar with obstruction of justice c/s 117 of penal code, aiding the commission of an offence c/s 8(c) of the Narcotic drugs and psychotropic substance control Act or any other charge that may be founded on the facts of the Edgar’s conduct as a judicial officer in Mombasa Chief Magistrate court criminal case number 468 of 2018′, ordered the judge.

Kenya Judges and Magistrate Association Secretary General Derrick Kutto welcomed the high court court decision.

“I welcome the decision by the High Court to stop the attempted malicious prosecution of hon Kagoni, Principal Magistrate, after KMJA moved to court. The brazen attack on the decisional independence of the Judiciary and judicial officers, by the DPP, is overwhelming. KMJA will continue protecting the independence of its members. We believe in the rule of law”, said SG Kutto.

Kenya Judges and Magistrate Association Secretary General Derrick Kutto welcomed the high court court decision.
“I welcome the decision by the High Court to stop the attempted malicious prosecution of hon Kagoni, Principal Magistrate, after KMJA moved to court. The brazen attack on the decisional independence of the Judiciary and judicial officers, by the DPP, is overwhelming. KMJA will continue protecting the independence of its members. We believe in the rule of law”, said SG Kutto.

This is after Kenya Judges and Magistrates Association filed a case seeking to block Director of public prosecution from charging Mombasa Principal Magistrate Kagoni Edgar Matsigulu.

The association through lawyer Danstan Omari and Shadrack Wambui wants the court to issue a conservatory order restraining DPP from charging the magistrate pending hearing and determination of the application.

Under certificate of urgency, the association also seek orders to stop Mombasa Principal Magistrate Edgar from taking plea in any criminal court until the case is determined.

The association argue that unless the court moves with speed and stop arraignment and charging of Magistrate Edgar on the basis of the DPP’s spurious allegations , the independence of Judges and Magistrates and all other judicial officers will be threatened by the DPP.

Article 160 (5) state that, A member of the Judiciary is not liable in an action or suit in respect of anything done or omitted to be done in good faith in the lawful performance of a judicial function.

KMJA true that they are concerned by threat to liberty of one of it members magistrate Edgar who is a judicial officer serving as a Principal Magistrate at Mombasa Law court.

But between June 28 and July 26, the said exhibit of 10.002kg heroin which the embattled magistrate had ordered to be kept under lock and key in the exhibit tore was reported missing.

“The sudden disappearance of the exhibits, the Mombasa Law Court chief magistrate Makori filed a complaint and requested Directorate of Criminal Investigation to institute investigations in order to establish the person culpable “, KMJA claim in the court documents.

Last week Director of criminal investigation released a press statement as inquiry into allegations of theft and reckless handling of approximately 10.002kg of heroin valued 30,066,000 million and various foreign currency valued over 600,000 kept as exhibit at Mombasa law chief magistrate.

KMJA SEEKS TO BLOCK MOMBASA MAGISTRATE EDGAR PROSECUTION.

By Nairobi Times -
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Mombasa Principal Magistrate Kagoni Edgar Matsigulu.

SAM ALFAN.

Kenya Judges and Magistrates Association has filed a case seeking to block Director of public prosecution from charging Mombasa Principal Magistrate Kagoni Edgar Matsigulu.

The association through lawyer Danstan Omari and Shadrack Wambui wants the court to issue a conservatory order restraining DPP from charging the magistrate pending hearing and determination of the application.

Under certificate of urgency, the association also seek orders to stop Mombasa Principal Magistrate Edgar from taking plea in any criminal court until the case is determined.

The association argue that unless the court moves with speed and stop arraignment and charging of Magistrate Edgar on the basis of the DPP’s spurious allegations , the independence of Judges and Magistrates and all other judicial officers will be threatened by the DPP.

Article 160 (5) state that, A member of the Judiciary is not liable in an action or suit in respect of anything done or omitted to be done in good faith in the lawful performance of a judicial function.

KMJA true that they are concerned by threat to liberty of one of it members magistrate Edgar who is a judicial officer serving as a Principal Magistrate at Mombasa Law court.

Edgar is expected to be charged alongside court clerk Onesmus Miranda Momanyi, Abdalla Abubakar in charge of exhibits and a support staff Lawrence Thoya Bayan with conspiracy to defeat and interference with witnesses and stealing by person in public service.

The association argue that, the criminal charges against their colleague arise out of his orders or exercise of judicial authority in a criminal case no. 468 of 2018 republic vs Hussein Madison Eid and two others where the said accused person were charged with trafficking of 10.002 kilograms of heroin.

The magistrate on June 11 this year convicted Hussein Eid for trafficking narcotic drugs and sentenced him to 30 years imprisonment and in addition fined him 90 million. He further ordered the money amounting to 600,000 found in possession of the convict at the time of arrest be returned to him.

But between June 28 and July 26, the said exhibit of 10.002kg heroin which the embattled magistrate had ordered to be kept under lock and key in the exhibit tore was reported missing.

“The sudden disappearance of the exhibits, the Mombasa Law Court chief magistrate Makori filed a complaint and requested Directorate of Criminal Investigation to institute investigations in order to establish the person culpable “, KMJA claim in the court documents.

Last week Director of criminal investigation released a press statement as inquiry into allegations of theft and reckless handling of approximately 10.002kg of heroin valued 30,066,000 million and various foreign currency valued over 600,000 kept as exhibit at Mombasa law chief magistrate.

COURT DETAINS SIX G4S OFFICIALS FOR 7 DAYS OVER DISAPPEARANCE OF 72 MILLION FROM CITY BANK.

By Nairobi Times -
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Six G4S officials Musa Rajab, Abraham Mwangi Njoroge, Ascar Kemunto , Wilfred Nyambane, Nathan Njiiru and Danmark Magembe before Nairobi Court on Friday September 6,2019./PHOTO BY S.A.N.
BY SAM ALFAN.

Six G4S officials have been detained for seven days to allow police complete investigation over alleged disappearance of 72 million from Standard Chartered Bank (K) limited Nairobi West.

Milimani Chief Magistrate Martha Mutuku allowed the detectives to detain Musa Rajab, Abraham Mwangi Njoroge, Ascar Kemunto , Wilfred Nyambane, Nathan Njiiru and Danmark Magembe at Langata Police station pending investigation.

Constable Joseph Ngeno attached to DCI Langata police told the court that on September 5, 2019 G4S personnel who were assigned ATM restocking duties , left their Headquarters off Witu road with cash on transit Van containing 72 million.

The said money was destined to ATM restocking withon Nairobi and they were accompanied with three administration police officers designated to escort the said cash.

“At about 6.05 a.m the said officers turned to be robbers and they turned against the five taking all money in Transit and bundled and bundled the six into Nairobi West Standard chartered (K) limited ATM room and left with cash”, said Ngeno.

The gun rubbers left with the robbed money and disappeared and the robbery was reported at Nairobi West Police post.

Police told the court they need to further scrutiny of the CCTV footage from standard Chartered Bank (K) Headquarters since there is high likelihood that the six will interfere with investigations and evidence.

The officer further said that other accomplices are still at large and they are yet to receive call data of the suspects mobile phones to ascertain the relationships between the six and other key accessories in this heinous crime of robbery with violence.

” The six face daunting criminal charges should there be sufficient evidence adduced in their and it is prudent to establish the truth of the allegations.

DNA RESULTS CONFIRM KEN OKOTH SIRED NOMINATED MCA’S SON.

By Nairobi Times -
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City lawyer Danstan Omari with Elkana Mogaka for Nominated Nairobi County Assembly Member Ann Thumbi before Milimani Commercial Court after filing DNA results on Thursday September 5,2019./PHOTO BY S.A.N.

BY SAM ALFAN

DNA results have proved that the late Kibra MP Ken Okoth is the father of MCA Ann Muthoni Thumbi’s son.

The three year old minor was subjected to the test after his mother moved to court through lawyer Danstan Omari and Elkana Mogaka seeking to be included in the funeral and burial arrangements of the late MP.

Lawyer Omari speaking outside Milimani Court commercial building said three samples from three local and international labs were taken and tested.

KEMRI confirmed that the chances of Okoth being the father of Thumbi’s son were 99.99+ per cent.

Muthoni had argued that Okoth’s falimy had refused to let her and her son participate in the send off.

She asked the court to stop the cremation of the late MP so that the DNA test could be conducted.

However, through their lawyers Danstan Omari representing the MCA and Edwin Sifuna who represented Okoth’s mother, the parties reached an agreement and decided to take DNA samples from the deceased for testing and continue with the cremation.

The court also allowed her and her son to be part of the funeral arrangements.

Okoth died in July after a two year battle with cancer while serving his second term as Kibra MP.

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