MURUGU HERBAL STAFF IN COURT OVER MEDICAL PRODUCTION WITHOUT LICENSE.
CITY WOMAN IN COURT OVER SH6.7 ALCOHOL BRAND FRAUD AT KIZA RESTAURANT.
BY NT CORRESPONDENT.
A Nairobi woman has been charged with obtaining goods worth 6.7 million at a city restaurant.
Sheila Wangamwa Macharia appeared before Milimani Senior Resident Magistrate, Zainab Abdul and pleaded not guilt to five counts.
She is accused that on May 31 and June 3,2019 at Kiza Restaurant and Lounge along Galana road in Kilimani area Nairobi jointly with others not before court with intent to defraud obtained from Acorn LTD various types of alcohol brands valued Ksh. 6,718,880 by falsely pretending that you were in a position to pay a fact you knew to be false.
Among brands include Jameson Irish, Jack Daniels , tusker, Jameson Black Barrel , Baileys among others.
Sheila is also facing several charges of making documents without authority.
It is alleged that on unknown dates and place jointly with others not before court with intent to deceive and without lawful authority made a bankers purporting it to be genuine bankers cheque issued by Barclay’s Bank River road branch.
She was released on a cash bail of 300,000 and a bond of 1 million.
BUSINESSMAN LOSE BID TO CLAIM SH 100 MILLION FROM NAIROBI COUNTY.
BY SAM ALFAN.
TEN SUE INVESCO INSURANCE OVER FAILURE TO SH9.2 MILLION.
BY SAM ALFAN.
Ten customers of Invesco Insurance Company has sued the firm for refusing to pay them Sh 9 million as directed by a Embu Law courts last year.
Through lawyer Morris Mugendi , they wants the High Court commercial division in Nairobi to compel the directors of the insurance firm to personally to pay them.
“The company has failed to honour its obligation to pay the full decretal sums and the costs as ordered by the court,’ says the petitioners.
They also wants Invesco Insurance Company be liquidated under supervision of the official receiver and liquator subsequently be wounded up.
They are further seeking directors of the company be ordered to personally satisfy such liabilities of the companies as shall remain outstanding and owing after liquidation of the company.
The ten customers were awarded the millions by the court after the judgement was entered against the insurance company on August 23, September 11 and March 26, 2019 respectively.
Principal Magistrate Samuel Mutai directed Invesco Insurance Company to pay Saleisio Kinyua Njagi, Gregory Mwaniki Karunga, Alisa Njeri, Jackleah Wangari , Nyaga Nthia, Alice Kageni ,Emmaculate Wanjiru, Juliet Muthoni, Venessa Kambi and Nancy Muthomi a total sum if Sh 9,007,570.50 plus costs and interests.
According to affidavit by Saleisio Kinyua Njagi, On May 31,2018 petitioners instituted declaratory suits (civil cases numbers 108 of 2018, 107 of 2018, 109 of 2018 among others) against the company for payment to them of decretal sums in the primary suits against the respondent’s insured awarded to them as judgement in the Embu Law Courts.
“As at the date of this petition, it has failed and refused to pay or make a reasonable payments of the decretal sums since the date of the decree as well as the statutory notice dated April 2,2019”, says lawyer Mugendi.
They said Invesco has before issued them with cheques that it knew would not be honored and which were indeed not honored due to insufficient funds.
Mugendi clams his clients their attempts to realize the decretal sum by inter-alia taking out execution proceedings and warrants of attachment and sale of the company’s movable property have all come to naught as the auctioneers have returned the warrants unexecuted and to date , the decree remain unsettled and continues to acrue interests.
“Nothing that the debt arose from the judgement entered by courts. I believe the company made or ought to have sufficient provision for payments to the petitioners,” added Lawyer Mugendi.
They believe the company’s assets are capable of liquidating the decretal sum in full particularly as the same comprise amounts that were contracted for well in the knowledge that they would become due and payable within specified timelines.
Further they say that it was clear that the company is either unable to pay its debt to them or is not willing to do so. “It is in the circumstances fair and just that the company be would up to facilitate inter-alia liquidation of its assets to pay the petitioners debt.
They says despite several demands , including insolvency the statutory notice dated April 2, 2019 and received on April 9,2019 refused or neglected to pay the decretal sum.
Customers says the creditor does not hold any security in respect of the debt claimed by the demand that would be sufficient to satisfy the full debt or at all.
“The debtor does not have a counterclaim, self-off or cross-demand against the creditor which equals or exceeds the amount of the debt or debts specified in the statutory demand”, says petitioners in the court documents.
The case will be heard on September 19,2019.
TWO DENY THEFT OF PETROLEUM ON TRANSIT.
BY NT CORRESPONDENT.
Two employees were charged with 31,000 litres of diesel on transit the property of Duale Transporters Services Limited.
Charles Maina Munuhe and Wilfred Kieru Macharia denied stealing diesel worth Sh 2,946,041 which had been entrusted to them to deliver it to China Communication Construction limited in Kajiado County, from Hass Petroleum limited in Nairobi.
The two are alleged to have committed the offence on diverse dates between 30th April and 5th May 2019 along Nairobi-Ngong road in Nairobi.
Munuhe and Macharia are also facing a charge of conspiracy to steal the said diesel. Munuhe, alone, is charged with forgery and uttering a false document.
He is alleged to have forged a received delivery note for Sh 2,946,041 purporting it to be a genuine delivery note from the Chinese company, May 2, 2019. It is alleged that he committed the offence jointly with others not before court.
The accused is also charged that May 3, at Duale Transporters Limited in Industrial area, Nairobi, Knowingly and fraudulently uttered the forged delivery note purporting it to be genuine.
They denied the charges before Chief Magistrate Francis Andayi and released on a cash bail of Sh 300,000.
The case will be mentioned on 24th June and will be heard on 2nd August this year.
SUSPECTS DENY STEALING PRECIOUS STONES FROM LORESHO HOME.
BY NT CORRESPONDENT.
Three men have been charged with stealing gemstones worth over Sh70 million in Nairobi.
Partrick Macharia Ngugi, Isaac Wanyoike and George Mutuku Mulatia appeared before Milimani Chief Magistrate Francis Andayi and denied the charges.
The charges against them state that on May 10, 2019 at Loresho Kaumoni Estate in Westlands, Nairobi they stole assorted gemstones worth 76,170,362 from Mary Njambi Mwangi.
Wanyoike is a security guard to Mwangi’s home, further denied a charge of neglect to prevent felony and stealing with servant.
He is alleged to have failed to use all reasonable cause to prevent the theft.
Mutuku is also charged with handling stolen goods or holding assorted gemstones knowing or having reasons to believe them to be stolen.
They were released on a cash bail of Sh1 million or alternative bond of Sh2 million.
GOVERNOR SONKO, MPS CHALLENGE INSURANCE COVER FOR BODA BODAS
BY NT CORRESPONDENT.
Political leaders have moved to court challenge move by Treasury CS to require boda bodas and Tuk-tuks operators to acquire mandatory insurance cover for their passengers.
Nairobi Governor Mike Sonko together with MPs Moses Kuria (Gatundu South), Eala MP Simon Mbugua and politicians Kalembe Ndile, Reuben Ndolo, Stanley Livondo and Kevin Mubadi jointly sued the government seeking orders to prohibit the implementation of the proposed insurance policy for boda boda operators.
The petitioners want the court to restrain the Treasury CS from implementing the proposal, which was contained in his 2019/20 financial budget. They argued that the implementation of the proposal will lead to massive unemployment and huge loses.
They further argue that the said the proposals were not shared with members of the public for comments before they were introduced.
On Thursday, Rotich said all Bodabodas and tuk tuk operators will be required to obtain Third party insurance in order to cover their passengers and pedestrians in the event of an accident.
Rotich had indicated that the proposal would be effected by amending the provisions of the Insurance Act.
The petitioners however claim that the CS ought to have consulted with the Attorney General before making that proposal in order to receive correct and responsible advice and ensure the proposed amendments are not in contrary with the constitution.
In an affidavit, Sonko claims that the boda bodas and tuk-tuk operators will now find themselves in position where they are required to pay excessive and obstructive fees in the form of Third party insurance without being given any opportunity to debate or discuss the approval.
The governor argues that the amendments and Regulations which will introduce Third Party Insurance for the riders and tuk tuks were not shared with members of the public for comment before being introduced.
“The proposal that boda bodas and tuk tuks operators obtain Insurance cover for passengers and pedestrians which was made during the reading of the budget deals with issues of public finance. It follows that there ought to have been sufficient public participation on every issue it intended to introduce,” stated Sonko in an affidavit.
The governor further argues that the constitution obligates Parliament to formulate legislation to manage urban areas and cities and the legislation must provide for the participation of remedies in the governance of urban areas and cities.
“The Public Finance Action obligates the Treasury Cabinet Secretary to ensure public participation in the budget process. Failure to follow the law and the constitution rendered the actions of the CS invalid,” stated Sonko.
It is the governor’s arguments that the budgetary proposal denied the all the boda bodas and tuk tuk operators a chance to give their input in the planning and policy formulation process.
Justice James Makau certified the application urgent and directed them to file and serve the application to Treasury CS Henry Rotich and the Attorney General who they have named as respondents. They will appear in court on Monday for directions.
FAMILY BANK TO PAY FORMER MD MUNYIRI 30.6 MILLION.
BY SAM ALFAN.
Family bank has suffered a major blow after Employment and labour relations court has awarded it’s former CEO Peter Munyiri Maina Sh 30.655,800.00 over unfair withholding of his dues.
Justice Maureen Onyango awarded Munyiri the amount for five years as per the appointment letter.
The judge said there was no dispute that Munyiri was employed by the bank on a fixed term contract running from July 15, 2011 to July 14, 2016.
“There is further no dispute that Munyiri is entitled to payment of gratuity for the years he worked for the Bank,” ruled Justice Onyango.
Munyiri through lawyer Gibson Kimani had moved to court seeking to be paid 57 million dues owed to him by Family Bank.
He claimed the bank was unlawfully withholding dues rightfully owed to him as a result of the employee-employer that existed between himself and Family Bank.
Through lawyer Kimani, Munyiri further argued that he was employed by family bank on July 15,2011 as the Managing Director of the Bank.
He claimed that the terms of employment was a fixed term contract for a period of five years and at the end of which he would be paid gratuity to be calculated at 10% of the gross basic for the year one of the the employment and there after the applicable rate will be aligned with the banking industry rate.
The applicant applied to rely on the rate of 31% that was applicable to National bank of Kenya and housing finance company limited which banks are under tire towards the Family Bank.
Munyiri further added that his contract lapses on/or about July 14, 2016 and he was entitles to to gratuity of 30% of his gross salary which was the same as what was provided by other banks.
Family Bank while responding to the case said that Munyiri was not entitled to the relief sought and urged the court to dismiss the same with costs as I is based on erroneous, assumptions and extraneous gratuity rate covering wrong date.
It added that the 31% rate is not applicable but rather 18% of gross basic salary as per the report prepared Price Waterhouse Coopers.
The bank further claimed that the two banks that Munyiri was using as a benchmark are state owned and their gratuity is similar to the rate provides in parastatals
The bank further argued that Munyiri was duly paid his dues at the time of separation save for gratuity and that the delay was occasioned by lack of standard banking industry rate.
However the former boss is facing several criminal charges before the Milimani chief magistrate court for money laundering relating to Sh 1.6 million of NYS phase I scandal.
Munyiri, alongside six others who have all been sacked, including KTDA Branch Manager Robert Oscar Nyaga, was charged for the offence linked to the National Youth Service scandal.
Nine counts, including failure to report unusual transactions carried out by the chief suspect Josephine Kabura Irungu’s three bank accounts, were brought before the seven.
In the case they are each out on a Sh1 million bond or Sh300,000 cash bail.
ANOTHER MAN CHARGED WITH DEMANDING 300 MILLION FROM SAFARICOM.
TWO IN GOLD FRAUD FREED ON A 1 MILLION BOND.
