New X-Tigi Technology Limited director Gao Fei before Nairobi Milimani Chief Magistrate Court on Tuesday August 27,2019./PHOTO BY S.A.N.
BY SAM ALFAN.
A Chinese investor has been charged before a Nairobi court with tax evasion amounting to Sh194 million.
New X-Tigi Technology Limited director Gao Fei, who has been on the run appeared before Milimani Resident Magistrate Muthoni Nzibe and pleaded not guilty to the tax evasion charges.
Fei is accused that on diverse dates between January 2015 and June 2016, in Nairobi being the director of New X-Tigi Technology Company Limited, he failed to pay VAT amounting to Sh194,357,743 for the year starting January 2015 to July 2016 to Kenya Revenue Authority.
Prosecution accused Fei that on June 30, 2016 in Nairobi, being a registered taxpayer PIN No. P051576009G, he failed to submit tax returns for the year 2016 as of due date June 30, 2016 to KRA.
It was further alleged that on June 30, 2015 in Nairobi, being director of New X-Tigi Technology Limited, Fei failed to submit tax returns for the year 2015 to Commissioner Kenya Revenue Authority.
The prosecution opposed the release of the accused person on bail stating that the accused person was a flight risk being a Chinese national.
The court was also informed of his previous conduct where he had been released on police cash bail of Sh100,000 but he did not present himself to court as required but reported that his passport had gotten lost yet it was being held by the investigating officer.
He was released on a cash bail of Sh150,000 with a bond of 1 million.
The accused was ordered to deposit his passport in court pending hearing and determination of the case.
Mzava Selemani Salum, Sharif Ali Haji and Titus Fedha before Milimani Magistrate Court on Tuesday August 27,2019./PHOTO BY S.A.N.
BY SAM ALFAN.
Three men who deceived a businessman in Kitsuru that his land had evil spirits and witchcraft and required cleansing have denied fraud charges.
Mzava Selemani Salum, Sharif Ali Haji and Titus Fedha appeared before Milimani Chief Magistrate Francis Andayi and denied charges of conspiracy to defraud Harbans Singh Nandsingh of Sh2 million.
The charges against them stated that between June 10 and 26, 2019 at Red Hill Garden in Westlands, jointly with others not before court, they conspired to defraud Singh of 2 million by fraudulently tricking him his property (land), which he was intended to sell had evil spirits.
THREE suspects-Titus Fedha, Haji Shariff & Suleiman Mzava-who obtained Ksh.2M by False Pretences from a Couple at Westlands with the promise that they were in a position to remove WITCHCRAFT from the property they intended to sell, have been arrested by Detectives from Parklands. pic.twitter.com/nECHxHwHPm
They allegedly said the land had a snake and other witchcraft paraphernalia (cowry shell, gourds, black powders, assorted clothing), which required cleansing by burning the snake and scattering its ashes into the Indian Ocean.
The charges further stated that the trio, with others still at large, conspired to defraud Singh of Sh280,000, by claiming that his land had evil spirits and needed to be cleansed. In total, the fraudsters denied four counts each of fraud and cheating.
The three were ordered to deposit cash bail of Sh300,000 each or an alternative bond of Sh500,000 each, to secure their release.
Tourist company director Lysanian Otieno Onjwayo before Milimani Chief Magistrate Court on Monday August 26,2019./PHOTO BY S.A.N.
BY NT CORRESPONDENT.
A director of a tourists company has been charged with several counts of fraud before a Nairobi Count.
Lysanian Otieno Onjwayo appeared before Milimani Chief Magistrate Francis Andayi and pleaded not guilty to sixteen counts of fraud.
Otieno is accused of obtaining a total of over 11 million from various tourist intending to visit Kenya by falsely pretending he was in a position to offer them tours and accommodation through on-line booking.
He is accused that on May 28 this year in Nairobi obtained 2455 US dollars from PP/NO R5569193 Saswat Nanda by falsely pretending he was in a position to offer him tourand accommodation services as a tourist in Kenya a fact he knew to be false.
Otieno is also accused on July 26, this year with intent to defraud , obtained 1484 US dollars from Olive Seidel by falsely pretending he was in position to offer her tour and accommodation services as a tourist in Kenya.
State accused Otieno of obtaining money from various tourists including Juan Pento Valenzuela, Nicholas Joseph Caparco, France national Jeremie Benjamin, Shantanu Nath, Arindam Thakur among others.
Edermann Property Limited Company Managing Director Zeyun Yang who has been denied anticipatory bail./PHOTO BY S.A.N.
According to court documents, among the beneficiaries of the said fraud were engineer George Nichodemus a member of the board who received from Erderman Kshs. 7,655,172.00 on May 2,2013 and Kshs. 4,750,000 on December 11, 2013.
BY SAM ALFAN.
Two directors of Edermann Property Limited, a company involved in the construction of Lake Basin Development Authority mall in Kisumu have been denied anticipatory bail by the High Court.
The court dismissed the application by the Managing Director Zeyun Yang and director Zhang Jing, after they rushed to court fearing their impending arrest.
“It is my finding that the the application is not merited and same is dismissed with no orders to costs”, the court ruled.
Justice John Onyiego said that the apprehension by the directors has been taken care of by the law. The Judge said any fear of possible illegal arrest where there is no evidence, is a matter of constitutional petition or judicial review but not application for anticipatory bail.
The two Chinese investors moved to the High Court Anti-Corruption court seeking to be admitted on anticipatory bail pending intended charges against them.
Zeyun and Zhang urged the court to release them on reasonable bail or bond terms, pending arrest and presentation for plea taking.
They argued that sometime in February 2013 , Lake Basin Development Authority advertised for a tender for the design and construction of mixed-use development in Kisumu Town which project included development of a hotel and mall complex and the company won the tender after competitive process.
They completed the project as per specification and a completion certificate was issued. Nobody, they added, questioned the manner in which the tender was awarded and its execution until sometime in 2015 when they were confronted by certain investigators.
They allege the investigators sought to know how the contract was awarded and varied facts they claim were beyond their control.
They expressed fear in the manner in which they have been harassed together with their staff by DCI and EACC officers while conducting investigations.
They made reference to a legal opinion allegedly given by the Attorney General on January 31, 2017 approving and giving the project a clean bill of health and that the Auditor General’s report dated January 24,2017 also gave approval to the project.
While replying to the case, EACC said that the anticipatory bail can be issued only when there is proof that one’s fundamental rights have been infringed or about to be infringed and not mere speculation.
According to court documents, among the beneficiaries of the said fraud were engineer George Nichodemus a member of the board who received from Erderman Kshs. 7,655,172.00 on May 2,2013 and Kshs. 4,750,000 on December 11, 2013.
They claim on the other hand, on May 2,2013, one Innocent Obiri received Kshs. 2,392,241 from Erderman yet he was contracted by LBDA.
The commission said the contractual sum was unlawfully inflated with the two directors company failing in crucial stages but was nevertheless awarded the contract after unduly influencing the board members.
EACC added that contrary to the two directors allegations that the project was passed by attorney general’s legal opinion dated December 5,2016 revealed several irregular in the award and execution of the tender (contract).
“Section 27 of the 2003 Public Procurement Act was violated and that they had proof that the cost of construction was inflated to take care of the gifts given to the board members by the Erderman Company interalia houses and money which induced the board to disregard necessary procument procedures”, EACC told the court.
Adili Din Mohammed and Shukri Abdi Yakub before Milimani Chief Magistrate Court on Monday August 26,2019./PHOTO BY S.A.N.
BY NT CORRESPONDENT.
Two Eastleigh businessmen have been charged with stealing sugar in transit worth millions of shillings.
Adili Din Mohammed and Shukri Abdi Yakub appeared before Milimani Chief Magistrate Francis Andayi and pleaded not guilty to the charges.
They are accused that on between March 22 and April 9, 2029 jointly with others not before court they stole 4,200 bales of Kabras sugar valued at Sh 8,330,000 the property of West Kenya Sugar Company Limited.
The two businessmen are alleged to have stolen the sugar while on transit from West Kenya Sugar Limited at Timsales, Industrial area to Tusker Mattresses Limited head office in Embakasi along Mombasa road. The commodity was being ferried in two lorries.
Prosecution further charged the two accused persons with alternative charge of handling stolen goods.
State alleged that the were found with some 1130 bales of Kabras sugar at Mega wholesalers in Eastleigh estate. The sugar was valued at Sh 2.2 million and the police said they knew or had reason to believe it to be stolen.
Mohammed was charged with another different case relating to the same issue alongside Francis Gachanja Mungai with stealing 700 bales of Kabras sugar on 15th February 2019.
The two also faced an alternative charge of handling stolen goods after they were found with 184 bales of sugar worth Sh 174,300 at Gwanji General stores in Kayole.
Mohammed was released on a cash of Sh 200,000 or bond of Sh 500,000 while Yakub and Mungai were releases on cash bail of Sh 500,000 and 200,000 respectively.
Rights activist Okiya Omtatah has petitioned the High Court to quash irregular waiver granted by Kenya Revenue Authority to NIC Bank PLC and Commercial Bank of Africa ahead of its merger.
The activist wants the court to issue temporary order of injunction prohibiting KRA from giving effect to legal notice notice No. 112 of 26 June 2019 pending hearing and determination of the petition.
Omtatah urged the court to suspend the implementation of legal notice No. 112 of 26 June 2019 pending hearing and determination of the case.
According to the court documents, taxpayers will loose about Sh350 million tax revenue that would accrue to public coffers.
Omtatah revealed that the impugned waiver was granted on July 26, but was announced to the public on Sunday August 18.
He termed the move as irregular, unlawful, unconstitutional and null and void.
“Kenya will suffer great loss and damage since the tax waiver will be implemented”, Omtatah said.
He argued that the decision by KRA to exempt the instruments executed in respect of the transactions relating to the merger of NIC Group and CBA from tax should not be allowed to stand.
Geoffrey Oduor Ojow alias Jojo Odukuzi alias Jeff Mzee before Milimani Magistrate Court on Thursday August 22,2019./PHOTO BY S.A.N.
BY NT CORRESPONDENT.
A man has been charged with unauthorized access to Family Bank Limited network system.
Geoffrey Oduor Ojow alias Jojo Odukuzi alias Jeff Mzee appeared before Milimani Senior Resident magistrate Zainab Abdul and pleaded not guilty to the charges.
Oduor is accused of willfully and unlawfully remotely gaining access to the network system of the Bank, thereby infringing on the information security measures.
He is also accused of willfully gaining access to the network systems to with the aim of stealing from Family bank. The court heard that he committed the offences on diverse dates between November 1, 2018 and January 20, 2019 at unknown place in the country.
Oduor was released after posting cash bail of Sh300,000 or an alternative bond of Sh500,000.
The case will be mentioned on September 5 and the hearing set for September 26.
Keroche Breweries biss Tabitha Karanja and chairman Joseph Karanja.
BY SAM ALFAN.
High Court has decline to grant anticipatory to Keroche Breweries Limited bosses pending prosecution over 14 billion tax evasion charges.
This is after Keroche Breweries Limited owners moved to court seeking to be admitted on bail, even after they were arrested over allegations of Sh14 billion tax evasion claim.
Tabitha Karanja her husband Joseph Karanja and Keroche Breweries Limited filed the case under certificate of urgency, seeking to be released on bail pending their appearance in court over any criminal proceedings against them.
“This court be pleased to release the applicants on their execution of bond for their appearance upon institution of any criminal proceedings against the applicants in respect of the said allegations,” the argued in the court documents.
They claim that they have been subjected to untold mental and psychological anguish and torture hounded by a press statement released by the Director of Public Prosecution on August 21 directing that they be charged for alleged for alleged tax fraud of Kshs. 14,451,826,375.
In the court documents, Tabitha and the husband claimed that the decision by DPP is irrational, malafides and unfair on the account of being abrupt and made without seeking statement from them to give their side of story.
The documents added the claims targeted natural persons on matter relating to a corporate body that has distinct personality, thus Keroche Breweries.
They termed DPP move discriminatory and aimed at embarrassing them because the company has many directors.
Tabitha and Karanja claim that the tax dispute between Keroche Breweries and Kenya Revenue Authority is pending before Tax Tribunal. The cases- Keroche Breweries limited vs Commissioner for Domestic Taxes Kenya Revenue Authority tax appeals No. 214, 38, 97, 137, 138, and 139 of 2017, was mentioned on May 8, 2019 where parties were urged to put in their submissions and notice for the date for highlighting submissions.
Tabitha and Karanja are apprehensive that the 1st Respondent’s officers acting under its instructions intend to ambush them with arrest and hoist them into court on trumped up charges which is aimed at harassing, humiliating and disparaging the Applicants in utter violation of their rights under Articles 28 and 29 of the Constitution.
There is presently a high likelihood that the Applicants’ fundamental rights and freedoms will be breached by the Respondents, who are the very same organs of the State supposed to protect the Applicants’ rights”, Tabitha claimed.
They claim DPP will subject the them to inhumane and degrading treatment by arresting them and hauling them to Court for an offence they know nothing about and for which they have continuously co-operated with Prosecution and they are reliably informed that there is a deliberate scheme to keep them in custody for long to silence them.
They told the court they are ready and willing to avail themselves for any intended criminal proceedings as and when directed, but are apprehensive to do so under unclear circumstances when they do not know what the 2nd Respondent might do in the cover up.
“It is therefore in the interest of justice and fairness that the prayers sought be granted as the Applicants have undertaken to abide by the Honourable Court’s conditions”, claim Tabitha in the court paper’s.
Meru Senator estranged wife Marrianne Kitany with her lawyer Danstan Omari outside Milimani Commercial court building after the hearing of the divorce on Wednesday August 21, 2019./PHOTO BY S.A.N.
BY SAM ALFAN.
Meru Senator Mithinka Linturi and his estranged wife Marrianne Kitany sacrificed a lot for the sake of their love.
Testifying in divorce proceedings, Kitany said was forced took partake Miraa, something she had not tasted before, while Linturi drunk sour milk, as part of celebration their union. This was done in April 16, 2014 when Linturi and his relatives visited Kitany’s Nandi home for dowry negotiations.
“He took Mursik even though he does not love the milk he had to take that day,” she told the court.
Describing to the court on how the ceremony was done, the former DP Ruto chief of staff said Linturi paid Sh100,000 as dowry and wondered how a marriage certificate indicating Linturi was married to one Mercy Kaimenyi only came up during the divorce proceedings.
“I got to see this document (marriage certificate) in January this year when he was responding to my petition,” she said.
While questioning the validity of the marriage certificate, Kitany said that there are many vital information missing in the marriage certificate.
The court was told that Linturi confirmed to Kitany’s relatives and close friend that he divorced all his three previous women, including Mercy Kaimenyi.
Kitany told the court that Linturi had informed her that he was single and available having divorced three wives; Susan Gacheri Kimani, Mercy Kaimenyi and Hellen Mumbi Kariuki: “I came in as the fourth wife,” she added
On the dowry payment, the court was told that Linturi gifted the mother a Nissan X-Trail, registration number KCG 850N Silver.
However this car has never been transferred to the mother, with the court been told that the car is under Atticon Company, a company belonging to the senator.
Admitting to the court that Linturi “tickled” her heart, Kitany said that Linturi was very eloquent and had no problem of speech. Did Linturi’s talk made you happy? Lawyer Omari paused a question to Kittany. “He was not under any duress during the negotiations,” said Linturi.
She added that she cooked good food for Linturi ,took very good care of him and performed all her mandate as wife to the senator.
Kitanny told the court that Linturi told her according to the tradition his parents could not attend because they had already gone to another woman’s home for dowry payment.
Earlier Kitany told the court how he used her own money to build her parents in law a house. The court was told that Kitany used a whopping Sh8 million to build them the house.
“The home, total cost together with the furnishing it was 8 million shillings …I build the home for my husband’s parents,” she said.
Apart from the home, Kitany used millions of shillings in funding the construction of the homes in Runda in Nairobi and house in Meru County.
Kitany helped built the palatial home in Runda which Linturi claims is his. She also used sh26 million from her pocket to renovate Linturi’s Meru home
She said she took care of Linturi’s kids like her own, she became a mother to those kids and a wife to Linturi.. She made sure the senator was well groomed, ate good food and used her resources to boost his businesses… Well, they say understanding a woman is complicated but I think understanding a man is more complicated.
She went ahead to reveal how she pumped her money into the Atticon business which she was managing after she left the office of the Deputy president as chief of staff.
At one point the court was told that Linturi was unable to pay for his own house rent in Ngong Road which she also helped to pay adding that she did that as a girlfriend and knew the relationship would go far.
I came to learn later that he had rent arrears and I assisted by paying…he asked for some money to pay rent and much later I got to see letters from the landlord. I gave him 200,000 shillings,” said Kitany.
Meanwhile an application has been made by Kittany’s lawyer seeking to have the DCI, registrar of marriage, companies and birth to appear in court so as to verify the documents produced in the court.
Hearing will proceed as Kitany will continue narrating to the court about their traditional marriage with the senator of Meru County.
Former Deputy President William Chief of Staff and wife to Meru Senator Marianne Kitany testifying in a divorce on Wednesday August 20,2019./PHOTO BY S.A.N.
BY SAM ALFAN.
The estranged wife of Meru senator Mithika Linturi has told a Nairobi court that she was already a millionaire when she married the legislator.
Giving her testimony in divorce proceedings she has filed Marianne Kitany said she made about Sh50 million between 2004 and 2007 by trading in shares. She said she met Linturi as she worked as the chief of staff at Deputy President William Ruto’s office. Then, the Senator was renting a house on Ngong Road, while she was residing in Kileleshwa.
He further revealed that Linturi was with her in Naivasha, when he was expected to table a motion seeking the impeachment of Cabinet Secretary Anne WaigUru. She said they spent a night at Sopa lodge and introduced Linturi to his siblings.
“We were in Sopa lodges while parliament was going on. Our relationship started going because the public felt that I had given him money to sponsor the motion,” she said.
The 44-year-old Kitany further said that on that material day when the legislature was expected to table the motion, he went missing.
Linturi had filed a petition seeking the removal of Waiguru from office for transferring Rugut from NYS.
Kitany said decision to take the lawmaker to Naivasha was a well calculated move that was planned by a team from the president and the Deputy Presidents office.
Asked by her lawyer Danstan Omari whether she can identify her husband, Kitany pointed at Linturi who was following the proceedings.
Kitany further revealed to the court how Linturi moved into her house in Kileleshwa. She said that when they were dating Linturi used to stay in a rented house called Bitha homes –a four bedroomed house and Kitany was living in Kileleshwa.
“We came back to Nairobi and slowly by slowly he started coming to Kileleshwa for sleep over. He would stay for days and finally he started living with me in Kileleshwa,” she said.
Kitany drew a picture of how she started earning and investing immediately after high school at Alliance Girls School.
She bought her own house in Komarock at the age of 21 and later on while in college she had a business. She testified that she bought shares in Mumias Company and Safaricom and KenGen among other companies painting a picture of how she started earning and getting her millions.
The court heard that Linturi he introduced his children to Kitany. Asked by her lawyer which role she played, she answered that she became their mother and took care of the children.
“I became their mother and I took care of them …made sure they went to school.” she testified.
She disputed the allegations made by the senator that she was a visitor.
