Blog Page 233

STUDENT WHO THREATENED BUSIA WOMEN REP DETAIN FOR FIVE DAYS.

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University of Nairobi Master's programme student Alex Anyolo Kikuyu who sent a threatening message to Busia Women Florence Mutua before Milimani Magistrate Court on Thursday June 6,2019./PHOTO BY S.A.N.

BY SAM ALFAN.

Police have recovered 60 assorted mobile phone lines from a student alleged to have sent threatening messages to Busia women Representatives Florence Mutua and other Members of Parliament.

This emerged after Alex Anyolo Kikuyu, a University of Nairobi Master’s programme student was arraigned before Milimani law court with the police seeking more days to continue detaining him to enable them complete investigations.

However Principal Magistrate Peter Ooko has granted police 5 days to hold Anyolo at Central Police station pending the probe.

According to an affidavit filed in court the police are investigating the suspect in relation to sending threatening messages to the Busia woman representative on May 27,2019 through several mobile phone numbers.

The court heard that the lines include 37 Safaricom lines used plates and 23 Telkom lines used plates.

Police further recovered four mobile phones and 13 different Identity Cards during the arrest of the suspect on June 5,2018 at Makadara area in Nairobi county.

Message reads in part :”hi kindly don’t walk alone around Parliament round about and do not visit intercontinental Hotel this week. Some politicians have hired mercenaries who were at my brother’s house last night and I have heard everything they said. Your life is in danger”.

Another one read “You will be assassinated”.

Anyolo was arrested after the Woman representative later reported the matter at Parliament Police Station.

In response the suspect claimed he did not threaten anyone but informed her that some MPs had hired mercenaries to kill her.

He requested the court to grant him bail since he has to attend to his young family and school work.

However, in his ruling the magistrate stated that he had noted the documents recovered from the suspect, that is the mobile lines and he did not dispute the same

He noted that from the used lines, police were able to single out the lines that were used to send the text messages.

The investigators were seeking seven days to enable them record statements from witnesses who are MPs and who have also reported their complaints in different parts of Kenya including Mombasa since the incidents occurred while they were on recess.

They also want to subject the mobile phones of both the complainants and the suspect to cyber crime for messages extraction and analysis.

It is also believed that the suspect did not act alone and has other accomplices who are yet to be arrested.

The police claimed that Anyolo risks absconding if granted bail or bond since he has knowledge of the weight of the matter and also cover his traces.

Anyolo may face charges of being in possession IDs belonging to other people and obtaining money by false pretenses since some of the MPs are alleged to have already sent money to the suspect.

The case will be mentioned on June 13 for further directions.

GROUP LOSES BID TO BLOCK DPP FROM PROSECUTION.

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Director of Public Prosecution Noordin Haji.

BY NT CORRESPONDENT.

A Christian self-help group has lost bid to block Director of Public Prosecution to commence criminal prosecution against the group.

Christian Project Self Group had challenged a report submitted to the DPP by the Director of Criminal Investigation on July 20, 2015.

But Justice John Onyiego dismissed the petition saying there must be a little patience as they await the outcome of Ethics and Anti-Corruption Commission investigation. “The application is dismissed for lack of merit,” ruled the judge.

The judge added that, while awaiting the outcome of the investigations, the applicants has several other options which include institution of civil proceedings which can run concurrently with criminal proceedings.

The Judge said the group can institute private criminal proceedings before magistrate’s court or file proper suit before a proper court for appropriate orders.

The group filed application seeking orders for the DPP prosecute or commence criminal prosecution according to report submitted to him by director of criminal investigation dated July 20, 2015.

They further applied the court to compel EACC to present the filed report to court for safe custody and keeping.

FIVE DENY STEALING FROM OIL LIBYA SERVICE STATION.

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Joyce Nekoye Wanjala, Nancy Waeni Mutune, Antony Mugo, Stanley Njoroge and Samuel Marete who are accused of breaking and entering Juja service station where they stole property worth Sh1,530,000, belonging to Maced Limited before Milimani Chief Magistrate court on Tuesday June 4,2019./PHOTO BY S.A.N.

BY NT CORRESPONDENT.

Five people have been charged of breaking into an Oilibya Juja Road service station and stole property worth over 1.5 million.

The five, two women and two men appeared before Milimani Senior Principal Magistrate Kennedy Cheruiyot pleaded not guilty to the charges.

Joyce Nekoye Wanjala, Nancy Waeni Mutune, Antony Mugo, Stanley Njoroge and Samuel Marete were accused of breaking and entering Juja service station where they stole property worth Sh1,530,000, belonging to Maced Limited.

They are also charged with stealing ten units of CCTV cameras worth Sh400,000, Digital video recorder valued at Sh200 000, gas cylinders approximated at Sh200,000, lubricants valued at Sh500,000, car wash vacuum cleaner worth Sh30,000 and fuel of an approximated value of Sh200,000.

The are also accused that on June 7, 2017 at Juja road Service Station they willfully and unlawfully damaged 5 door padlocks valued at Sh12,500 the property of Maced Limited.

Maced Limited is said to have been in agreement with Libya Oil Kenya Limited to operate the Oilibya Juja Road Service Station and resell Oilbya products at the service station.

According to Oilbya, Maced was in breach of agreement and failed to maintain the minimum inventory levels and having unpaid cheques in respect to products delivered to Maced by Libya Oil Kenya Limited.

Thereafter Maced Limited made a criminal complaint alleging breaking and entry in to the Service Station and theft of property where three of their employees Waeni Kwainga, Anthony Muraya and Joyce wanjala as well as Libya Oil Kenya Limited employee Samuel Marete were then charged in court on August 2017.

Thereafter on January 23, 2018 the prosecution withdrew charges against all the accused persons after a claim by the DPP that the matter is a civil one which was being dealt with the Civil Suit as referred to Arbitration.

Later on May 39 ,2019 the High Court ruled that the case stays as a criminal matter and be mentioned on 4th June,2019 which resulted to the accused persons being charged and taking plea today.

“Your honour the accused persons were released on Sh100,000 cash bail each and for the sake of consistency I plead that they be released on the same since the court had not refunded the cash bail they paid ,”he said.

Cheruiyot ruled that they be released on the same cash bail of 100,000 and a bond of 200,000.

ACTIVISTS SEEK TO BLOCK KCB’S PLANNED 10 BILLION PLANNED ACQUISITION OF NATIONAL BANK.

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Lawyer Duncan Okatch for Evans Aseto and John Kiptoo speaking outside Milimani Law court building after court certified urgent application seeking to stop intended acquisition of National Bank of Kenya by KCB./PHOTO BY S.A.N.

Unless this court intervenes, due to the clandestine manner in which the transaction is being conducted there is imminent risk that the acquisition of NBK (which is a public property) by KCB will proceed unchecked and the same right lead to pilferage and laws of public funds.

BY SAM ALFAN.

Kenya Commercial Bank (KCB) move to own National Bank of Kenya has faced a legal battle challenging the 10 billion acquisition deal.

This is after two civil activists filed application in court seeking to suspend the intended acquisition of National Bank of Kenya by the Kenya Commercial Bank .

In a certificate of urgency, Evans Aseto and John Kiptoo want the court to suspend any deliberation or negotiation in relation to the intended acquisition of NBK, pending the hearing of their petition.

Through lawyer Duncan Okatch, the two also want orders compelling both banks to furnish them with documents and information in respect to the intended acquisition.

They further want an order to conduct independent audit of the assets of NBK, to be done by an independent audit firm and the costs of the said audit be borne by the respondents.

The activists said the Banks have embarked on a share swap transaction that will see NBK duly acquired by KCB.

“The share swap or transfer is irregular on the basis that the same has been conducted in contravention of the basic tenets of the constitution, in that the National Treasury and the national Social Security Fund have up to 50 percent shareholding at NBK making it a public entity and thus the public ought to have been involved by way of comprehensive public participation process which has not been done,” said the activists.

They added that the public has not been afforded a chance to air its views which would have subsequently given the transaction the green light after giving the sentiments of the Kenyan citizen considerations.

“Public participation in a transaction of this nature is couched in mandatory in the constitution and in its absence, the share swap/transfer is null and void,” they added.

They said to make the matter worse, both banks have not obtained authorizing order by Central Bank of Kenya and competition Authority of Kenya which is the entity mandated to oversee such transaction and subsequently grant or deny approval to such transactions after careful consideration of the effect of the same would have on competition in the market.

Supporting affidavit by Evans Aseto, he said that the planned share swap follows the offer made by KCB Group on April 18 2019 to acquire 100% of the Shares of NBK by way of a share swap of 10 ordinary shares of NBK for every 1 ordinary share of KCB.

The said application for approval by CBK and CAK would entail submissions of an extensive report on the effect of the intended acquisition such as details on the fate of the employees of National Bank once the acquisition is completed. “In absence of such a report, the fate of the employees remains uncertain as some might end up losing their jobs.”

The activists added that in the view of the fact that both banks are listed companies trading on the Nairobi Stock Exchange, KCB has since issues a notice on the intended acquisition to the Capital Markets Act, is a clear indication that the firms are hell bend on pursuing the acquisition, the glaring irregularities not withstanding.

They said they are apprehensive unless the court intervenes, the banks will proceed with the transaction which is being conducted in defiance and contravention of fundamental statutory and constitutional provisions.

“Unless this court intervenes, due to the clandestine manner in which the transaction is being conducted there is imminent risk that the acquisition of NBK (which is a public property) by KCB will proceed unchecked and the same right lead to pilferage and laws of public funds,” urged lawyer Okatch.

They added that the National Bank books have not been audited by the Auditor general and therefore not tries status or financial health or value is not clear and therefore it is hard to tell whether National Treasury is getting commensurate value for the intended swap.

The civil activists further said various attempts by public investment committee have been futile as several summons to the directors of the NBK to appear before the committees have not been honoured and it therefore clear beyond peradventure that the banks are not willing o shed light on the intended acquisition.

“The petitioners are apprehensive the the acquisition of National Bank by KCB will occasion loss of jobs to many Kenya s under the employ of the Bank and there is high likelihood that various positions will be declared redundant,” they said.

They added thee information regarding the acquisition is opaque, intentionally scanty as it is being released very economically which is a clear demonstration that the transaction is being conducted in a clandestine manner to avoid public scrutiny which is a direct contravention of the Constitutional principles outlined under Article 1 (2).

“The actions by the Respondents are illegal and against public interest bearing in mind that the principles of inclusiveness and public participation are being contravened,” added.

They further said that, the time is of the essence since the shareholders of the 2nd Petitioners have already given the transaction the go ahead during their Annual General meeting held on the 3st day of May 2019.

Justice Weldon Korir certified the application urgent and directed the suit to be served to KCB, National Bank ,Central Bank of Kenya and competition Authority of Kenya.

The case will be mentioned on Thursday for further directions.

DOCTOR CHARGED WITH CONSPIRACY TO DEFRAUD LAND WORTH 20 MILLION.

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Jonah Onentia Magare before Milimani Chief Magistrate Francis Andayi where he pleaded not guilty.

BY NT CORRESPONDENT.

A doctor has been charged in a Nairobi court with conspiracy to defraud a piece of land valued Sh 20 million from a city business man.

Jonah Onentia Magare appeared before Milimani Chief Magistrate Francis Andayi and pleaded not guilty.

He is accused that on March 5,2011 at unknown place with another before court with intent to defraud Joshua Shiefta Gichana Magare of his land situated at Green field measuring 0.0098 hectares, conspired to register the said land to himself.

The accused was also charged with forging a letter of authority to transfer a lease title dated February 28, 2011 purporting it to be genuine signed by Joshua Magare of the said land.

Prosecution further accused Magare of obtaining registration of the said land fraudulently vide by the above certificate of lease on December 21,2011 at Ardhi house.

He was released on a cash bail 500,000 and bond of 1 million.

GARISSA DG SEEK TO JOIN CASE QUESTIONING KORANE’S DEGREE. 

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Garissa Deputy Governor Abdi Dagane Muhumed who is seeking to be enjoined in the Garissa Governor Ali Korane case challenging his academic papers.

BY SAM ALFAN.

Garissa Deputy Governor has sought to join a case challenging the academic papers of Garissa Governor Ali Korane.

Abdi Dagane Muhumed, in application filed under certificate of urgency, claimed that being the deputy governor he will be affected by the outcome of the petition.

“It is imperative and in interests of justice that the court should hear and determine this application before any other proceedings are undertaken in this petition,” argued Dagane.

In his supporting affidavit he claimed that he has a legal interest in the suit due to the nature of his appointment and his position as the deputy governor and will be affected by any negative outcome of the suit.

Dagane added that he was declared the deputy governor by IEBC when Korane was declared Governor.

The application will be heard on July 29.

Ethics and Anti- Corruption Commission said commenced investigations against embattled Garissa Governor Ali Korane over his academic qualifications.

This follows a petition filed by Aden Muktar Bare, whose son Idriss was shot as he pursued the matter.  Mr Bare filed a petition before the High court seeking to declare the Garissa Governor seat vacant arguing that Korane presented fake academic papers to be cleared for the gubernatorial race, thereby breaching the Constitution.

In a sworn affidavit, EACC investigator Kevin Langat says that preliminary investigations shows that Korane  while seeking clearance of the commission to vie for the position of governor of Garissa county government in 2012  and 2017, he filed a self- declaration form indicating that he possesses a master’s degree from university of Nairobi.

The officer further says Korane later submitted to IEBC a copy of self-declaration form which he had presented to the EACC in 2017.

Langat said that preliminary investigations reveals that the said self- declaration form presented to IEBC shows that he possesses a master’s Degree and that highest qualification he holds is a Bachelor of Arts in International Studies and Diplomacy from Washington International University.

“A close analysis to some pages in the self-declaration from presented to IEBC reveals that the information was altered to remove MBA degree and replace it with Bachelor of Arts in International Studies and Diplomacy from Washington International University. The commission is the process of investigating the same,” says the investigator.

According to the documents, it is said that University of Nairobi in a letter dated August 20,2018 denied issuing the MBA degree certificate to governor Korane and confirmed that the same was a forgery and that his name does not appear in any other the graduation booklet.

Langat has informed the court that upon competition of the investigations over the matters in question, the EACC will forward the report to the Director of Public Prosecutions Noordin Haji for further direction.

Bare through lawyer Charles Kanyama  says that Korane breached the violated the Leadership and Integrity Act by filing and presenting certificates at IEBC during last year’s general election yet he does not possess the same.

He claimed while trying to get the true picture of the Governor’s academic qualifications for purposes of filing the petition, his son Idriss was shot in the head in a bitched assassination attempt on the night of  August 19,2018 at White Star restaurant along Kandara Road in Kileleshwa, Nairobi county.

Korane in his response termed petition challenging his academic papers as an abuse of court process, tainted with malice and clan hatred against him.

The governor through senior counsel Ahmednassir Abdullahi, said Dr Aden Muktar Bare has never challenged the election of the Governor nor his clearance to contest for the gubernatorial position in Garissa County.

“The petitioner is propelled by malice and clan hatred cleverly called under the guise of the constitutional petition raising alleged constitutional issues,” Governor Korane said.

He added that the jurisdiction to hear and determine election disputes is vested in an election court and the process of removal of the governor is prescribed by the constitution and County Government Act.

Korane further said that no court other than an election court has powers to remove a Governor from office after his election.

“The power of an election court must also be exercised within the strict timelines prescribed by law,” he added.

He dismissed allegations by Dr Muktar that he concealed his academic qualification. “It is clear this is an election dispute, which if anything, the petitioner is statutorily time barred to present for this court to determine,” added Korane.

BLOW TO LINTURI AS COURT ALLOWS DIVORCE CASE TO PROCEED.

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Embattled Meru Senator Franklin Mithika Linturi wife Maryann Kitany with her lawyer Danstan Omari leaving Milimani Commercial court building after court ruled that divorce to proceed. PHOTO BY S.A.N.

Kitany intends to call 30 witnesses from Meru, Kericho and Nandi.

BY SAM ALFAN.

Meru Senator Franklin Mithika Linturi has lost the first round in the divorce proceedings after a magistrate dismissed an application seeking to strike out of a suit filed by his estranged wife estranged wife Maryanne Kitany.

Trial magistrate Peter Gesora dismissed his application and directed the matter to go for full hearing and cross-examination of the parties and witnesses. “I dismiss the application and direct the matter to proceed to full hearing,” ruled Gesora.

The magistrate ruled that there is evidence of how the two met, with the sole intention solemnizing the relationship.

Linturi had argued that he has never been married to Kitany as he has been married to another wife with whom they solemnized the marriage in 2000 in a church Meru.

Linturi had made an application asking the court to dismiss the divorce case arguing that Kitany was only a visitor in his home, and never a wife.

But Kitany, a former Chief of Staff at the office of the Deputy President, said she was married to the Senator under customary marriage where he visited her parents and gave ‘gifts’.

She stated that she was a mother to six children; three of her own and three fathered by Linturi in his previous relationships. They moved in together with their children and lived like husband and wife.

Linturi also produced a marriage certificate to prove that he got married in 2000 and has never divorced his wife.

The court questioned why the marriage certificate was obtained on December 28, 2018, if the marriage between Linturi and his alleged wife was contracted in 2000, some 18 years later. The certificate was also obtained only a few days to the filing of this application.

According to the ruling, section 6 of the marriage Act allows recognition of customary marriage while subsection (ii) restricts one in a monogamous marriage from marrying again.

The court also found that the signatures appearing on the court documents for the applicant and that in the certificate are different.

It was further found that the certified copy of marriage certificate lacks crucial information and has a lot of discrepancies.

Kitany intends to call 30 witnesses from Meru, Kericho and Nandi.

The case will be heard in July 23, 24 and 25th July.

 

RESPOND TO SUSPENDED JUDGE MUYA PETITION, COURT ORDER’S JSC.

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Suspended High Court judge Martin Muya lawyer Philip Nyachoti making submissions before justice Weldon Korir who said the suspended judge has a arguable case on Thursday May 30,2019./PHOTO BY S.A.N

BY NT CORRESPONDENT.

High court  has directed the Judicial Service Commission, to respond to  a petition  filed by suspended  judge  Justice Martin Muya enable the  court fast track the urgent application.

Justice  Weldon Korir, said he has looked at the  application and he has established that the aggrieved judge as an arguable case.

The judge told the suspended judge lawyer Philip Nyachoti, that the  court  cannot  issue the  conservatory order before  seeing the response from  JSC whose report  and recommendation are being challenged.

Justice Muya in his petition, he seeks stay of the report and findings of JSC dated May 8 recommending that the  report be presented to the President  to  appoint a tribunal to investigate into his conduct on  allegations  of gross misconduct.

The tribunal according to the  findings of JSC is to look into misbehavior, breach of the constitution, judicial code of conduct and  ethnics pursuant to the  complaint lodged by the law firm of Onynkwa and company advocates  on 17 August 2017 on behalf of NIC bank limited.

Lawyer Nyachoti  told the court that the presentation of the petition and subsequent appointment of the tribunal can take effect any  time now hence the  urgency of the  the application for conservatory orders.

He said the report and recommendation were  not made  available to the judge  until it was published in the media followed by several demands and the applicant was unable to file the suit timely.

The  judge  is aggrieved with  the report and recommendation on grounds  that the JSC exceeded its  jurisdiction by delving to the  merits of the  ruling the  subject of the complaint thereby usurping the appellate power that is contrary to the law and arrived  at  an illogical, irrational, unreasonable and erroneous conclusion.

Lawyer Nyachoti argued that the reports fundamentally flawed and incurably defective and wanting in validity as the  commissioners made reference to several issues that are separately to the  complaint.

The judge was not given a fair hearing by JSC  this will come out clearly  during  proceeding of the petition.

The matter will be heard on June 10 for further direction.

ASSETS RECOVERY SAYS NO TAX TO BACK FARMING BY FORMER PS OMOLLO.

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Former Principal Secretary in the Ministry of Public service Lilian Mbogo Omollo.

BY SAM ALFAN.

Assets Recovery Agency has revealed that charged former PS Lillian Omollo never filed tax returns for four years regarding an alleged multi-million shilling horticulture enterprise she runs in Siaya county.

This emerged after the Agency filed a supplementary affidavit in case where they are seeking to forfeit to the state over Sh 30 million held in her accounts which is believed to be linked to cash stolen from the National Youth Service.

The 10 accounts with Sh33.1 million were frozen in October last year after investigators told the court Omollo made cash deposits of millions of shillings in the accounts in months when the theft of funds was reported at the NYS.

“On May 28,2019 I received the income tax returns statements of Lilian Omollo for the years 2015,2016, 2017 and 2018 from Kenya Revenue authority which do not disclose any income from farming business,” said Agency Investigator Corporal Isaac Nakitare.

Through Senior Assistant state counsel Mohammed Adow, the agency further revealed that what Omollo only disclosed for the four years are her salary returns from NEPAD Kenya Secretariat and state department for public service which are her previous employers and has not discharged the thunder of proving the legitimate source of the funds.

The agency said failure to file tax return the former PS is clear indication that she does not have any farming business which generates income which is the sources of the funds in the specified accounts which are proceeds of crime.

ARA has accused Omollo of deceiving the court in her documents filed in court seeking to set aside the orders to freeze her accounts saying that she is a farmer who acquired more than Sh30 million in a farming business.

Documents filed in court by investigator Nakitare says he traveled to Uyoma, Rarieda in Siaya County with a colleague seeking to establish the farming business claimed by Omollo.

He said that upon arrival to the said place they found that there was no farming in existence as alleged but there exist “ a piece of land with shrubs”.

ARA says that the farming business is a disguise meant to conceal the source of the funds and “classical scheme of money laundering”. Further, Nakitare said that the said they met Nam Oneko, Omollo’s brother in law.

They said he told them the land belongs to the family of the late Achieng Oneko and is not yet subdivided among the family.

“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 says.

The agency also dismissed Omollo’s defence that cash in her accounts and those of her children were wired by her husband, Oneko, from a consultancy works.

A review of Oneko’s banks account at CFC Stanbic indicated he received Sh22.7 million in dollars between August 2011 and April 2019.

“The branch established that there was no single deposit for the period of 2016, 2017 and 2018, which is the period under investigations,” says the ARA, while maintaining that cash in the 10 accounts.

Omollo’s seven bank accounts had Sh20.6 million while that of her children — Sheela Mbogo, Stephanie Mbogo and Shalom Kamwetu had Sh12.5 million. She is facing charges together with former senior officials at NYS over the loss of Sh 468 million.

The former PS stated 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 the frozen accounts were proceeds from the farm.

She claimed that she operate a joint farming with her husband Dick Aching Oneko in Siaya County.

Surprisingly according to the court documents, despite the said farm produce sold in Siaya, the money was deposited in Nairobi instead of the nearest Bank.

Oneko also claimed source were earnings from a consultancy firm known as Nile International where he offered consultancy services in South Sudan.

Oneko said he used to be paid in cash but did not sign anywhere to confirm receipt. He also brought the said money in the country without declaring the same at the point of the entry, against the law.

But in the statement, Nakitare said that they established that there was no farm in existence as alleged but there exist “a piece of land with shrubs”.

The investigator said the farming business is a disguise meant to conceal the source of the funds and “classical scheme.

Further, the officer said that the said piece of land belongs to the family of the late Achieng Oneko and the land was yet to be subdivided. “We further established that there was no farming activities going on the land as alleged by the 1st Respondent ( Omollo).

On the land we established that there is one small sized greenhouse located on a small portion of the land which Nam Oneko ( Omollo’s relative) told us belonged to him,” he said.

The investigator said that there were some small tomatoes 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.

AM NOT WILLING TO SELL MY PROPERTY TO ANYONE EVEN TO NDERITU, ACHOLA WIDOW AFFIRMS.

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Late Achola widow who is the owner of BuruBuru disputed property Mary Akinyi Ochola speaking to journalists outside Milimani Commercial Court whole accompanied by her daughter who is among trustees in the said property on Wednesday May 29,2019./PHOTO BY S.A.N.

BY NT CORRESPONDENT.

The owner of BuruBuru disputed property Mary Akinyi Ochola has said she has no intention of selling the property to anyone and it belongs to the Glad Tiding Crusade Ministry.

“Am not ready to sell the property to anybody whoever comes with millions or billions of shillings including Nderitu. The parcel of land is for the church and will remain that way,” she affirmed.

She further accuses her counterparts of forging documents over the alleged property. She added that the school was open to help the society within the area.

She was speaking to journalists outside Milimani Commercial Court shortly after court proceedings.

Mary’s daughter who is among trustees thanked Governor Sonko who responded to their call quickly and saved them from goons.

“What happened on Saturday was a shock. The event I witnessed was disbelief seeing people who came there armed with crude weapons and attacking children, teachers, women and men who were there and destroying property was a big shock and I quickly I called Governor Sonko who quickly came to our aid,” said the daughter.

This is after Nairobi County Governor Mike Sonko filed application seeking to set a side a consent order over the a suit property valued at Sh 100 million will now be heard on June 4.

Magistrate Edith Wanjala, was told that the businessman Patrick Nderitu who claim ownership of the land needs time to respond to the governor’s application to allow the matter be heard by all parties.

The trader’s lawyers, said that they were served with the application after office hours and they need time get instructions from their client.

The governor through his lawyer Harrison Kinyanjui,filed an urgent application following weekend’s demolitions at Glad Tidings Crusade Ministry where several houses were destroyed.

The court heard that due to the action that took place on Saturday many school going children have no place to go for their continued learning.

Nderitu’s lawyers had applied for fourteen days to reply to the governor’s application but the court declined saying the matter had been certified urgent and serious issues have been raised which must be heard and disposed off.

“The defence lawyers can only have three days to file their responses” the court said.

On Saturday a scuffle was witnessed when a group of goons armed with machetes and other crude weapons arrived at the church, where school children were learning, and started to demolish the building.

The goons reportedly claimed to have been instructed to execute a court order.

The governor was called by aggrieved parties he arrived at the scene, the goons hurled stones at him and his convoy, forcing security officers to fire in the air to disperse the rowdy group.

The owners of Kinderstart Primary School faulted the police for failing to respond in time to prevent the incident from happening.

Document filed by Sonko say that there was no consent or rates clearance certificate sought or obtained from the Nairobi County Government over the purported “transfer” of the suit property to Landmark International Proprietors Limited.

The County government says that following the weekends demolitions they checked their record and found that the rate payer and registered property belongs to the church and not Landmark International Properties Limited.

“From our land records the suit property is in fact in the name of the church Glad Tidings Crusade Ministry,” reads the court documents.

The plaintiff’s suit was filed in 2019 , way after the said ELC 1220 of 2016 and the same was clearly a conspiracy between the applicant and Glad Tidings Crusade, Christine Opiko, Fred Agwa, Edward Otieno all who are trustees of Glad Tiding Crusade) who were all long aware of the suit pending before the high court.

The governor argue that plaintiff obtained orders that are injurious to the Nairobi City County Government and Joan Jane Awuor Ocholla the abuse of the court process by failing to disclose similar matter pending before another court.

“Landmark International Properties Limited sought to unjustly enrich itself by creating an avenue to register a false and alleged “consent” on L.R. NO. Nairobi/Block 78/863, Buru Buru through illegal proceedings , yet there is no valid,, proper and lawful consent or sale agreement between landmark and the County.