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LAWYER ASKED TO PAY SONKO FOR ADJOURNING CASE.

By Nairobi Times -
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Lawyer Boniface Nyamu who has been slapped with shilling 5000 for seeking for adjournment of the case./PHOTO BY S.A.N.

BY SAM ALFAN.

A city Lawyer who petitioned the removal of Nairobi Governor Mike Sonko has been ordered to pay the County boss Sh5000 for causing the adjournment of case.

The case was to be heard today but Boniface Nyamu sought for the adjournment, for the second time.

While asking for the adjournment Nyamu told the court that his advocate was unwell.

In a short ruling, High court judge James Makau said that the application for adjournment was unjustifiable. He, however adjourned the case to August noting this to be a very serious matter.

In his petition Nyamu has cited several grounds for Sonko’s removal among them the recent ban on matatus from the Central Business District.

He has also accused the governor of verbally assaulting a Member of County Assembly, recording private phone calls and refusing to nominate a deputy governor.

In documents filed in court Sonko dismissed the petition and termed lawyer Boniface Nyamu application petition as misuse and abuse of court process.

Sonko responding to an application by the Nyamu who sued the him claiming that he has engaged in various acts of gross misconduct hence a let down to the people of Nairobi.

The governor want the court to dismiss the matter saying that the same constitute generalized anecdotal allegations that are largely hearsay and broadside tales that have not a shred of evidence in the them to sustain either the motion or the petition.

He says that there is no evidence that the Nyamu is registered voter in any polling station within the span of the 17 constituencies comprising the Nairobi City County.

“I also have neither proof nor evidence that petitioner allegedly voted for me during the August 8,2017 general elections contrary to his allegations,” said Governor Sonko.

He added that casting of vote is by law secret and lawyer Nyamu is in on illegal streak alleging that he voted for me without proof “I believe that other than the sensational value of this unsubstantiated allegations it beds no evidential value or weight,”.

” I am surprised at the blanket accusations leveled against me by the petitioner in his affidavit. I assumed the governorship if Nairobi City County at a time its management had ebbed to an extremely low level and its resources been grossly mismanaged. To date I have never received any firm of inquiry from the petitioner on the state of my government’s efforts to provide the Nairobi City County residents with services, ” said Governor Sonko.

The county boss further said Nyamu has shown what efforts if any he has taken to voice any disaffection, dissatisfaction or disappointment with any of the services delivered to the residents of the Nairobi City county.

He added that Nyamu didn’t demonstrate whether he is a property owner in Nairobi, vehicle owner paying parking fee, a service provider, business operator, an employer or a visitor to any of the offices of the county on any given date.

The governor denied allegations that the county government has degenerated in its stature and has not provided any statistical bases , benchmarks or any finding of expertise upon which his allegations can be based as conducive.

Sonko said he has worked closely with all the MCAs within Nairobi County to ensure that all roads and even grabbed roads are opened up, tarmacked and maintained in a reasonable motorable standard subject to the availability of funds.

“I suggest that the court has a locus in quo all avenues and street in the Nairobi CBD. They are all smooth and without potholes. I believe the petitioner has in mind fantastic and imaginary roads when he makes his wild unsubstantiated allegations of the roads within Nairobi City County and the CBD,” added Governor.

He said the lawyer appears ignorant of the division of jurisdiction of roads within Kenya and his diatribe against his government appears to be a misdirected anger against a KENHA.

“The petitioner has no idea of the efforts the county government of Nairobi has so far has made as he has elected to remain ignorant of these efforts by failing to visit our physical offices to make ordinary inquiries or even visiting our website,” said Governor Sonko.

While addressing the allegation on Nairobi traffic , Sonko said the origin and basis of the current traffic congestion is not within his government but of successive previous local government and the national government via the ministry of transport.

He added that the confluence of these past policies has not been address at all, even the petitioner yet he blandly blames his government for failing of previous government and it was unfair and totally reductionist.

The Governor said he has no connection with criminal case and he was not the accused in the matter and the allegation by the lawyer against him is bordering on defamatory material without and any evidence of his alleged involvement.

The Governor dismissed allegations made in the petition claiming he make’s county decision without public participation and provided advertisements by the County government inviting members of the public to participated in the decision of the county affecting them.

MAN IN COURT OVER 8 MILLION LAND DEAL.

By Nairobi Times -
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Businessman David Somoire Shanka before Milimani Magistrate Court./PHOTO BY S.AN.

BY NT CORRESPONDENT.

A businessman has been charged with obtaining over Sh 8 million through his company, Miami Properties limited in land sale deal.
David Somoire Shanka appeared before Milimani Chief Magistrate Francis Andayi and pleaded not guilty.
He is accused of obtaining the Sh 8,970,002 from Deepak Prenchand Shah of Sigma Supplies Limited on 24th April 2010 at I&M Bank in Nairobi with intent to defraud.
Shankar further faced two counts of obtaining registration of the two parcels of land belonging to Herman Syanda Kanyoro  falsely on 2nd August 2004 and 12th August 2010 respective to his company.
He was releases on a cash bail of 500,000 and bond of 1 million.

CBK DEFENDS NEW GENERATION CURRENCY NOTES.

By Nairobi Times -
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Central Bank Governor Patrick Njoroge presenting new currency to the Deputy President William Ruto

BY SAM ALFAN.

Central Bank of Kenya has defended the roll out of new generation currency notes arguing that there was adequate public participation before the notes were printed.

In response to a suit filed by activist Okiya Omtatah, CBK said dismisses allegations that there was no public participation and stakeholder engagement in the design and imagery of banknotes and the claims have no legal basis.

“I believe if Okiya Omtata was interested in participating in the design process, he had an opportunity to do so from the moment the Notices were issued on March 7, 2012 until there issuance which he failed to,” reads part of the reply.

Regarding the issue of the image used in the notes, the bank claims that the features are acceptable and meet the threshold set in the constitution adding that the notes do not bear the portrait of any individual or that of President Jomo Kenyatta as alleged.

Further, the bank claims that before adapting the usage of KICC on the front of all new notes, CBK sought the advice of Attorney General and was informed that the image of KICC was not in contravention of Article 23(1)(4)of the constitution.

The bank says that KICC is an important landmark, it is unique for its architectural design and was the first facility built in Kenya containing 24 storey with a revolving restaurant, a helipad and a host of conference halls.

“It should therefore be preserved as depicting the very essence of Kenya and its national heritage, “reads court papers.

In the documents filed in court CBK said before any currency is issued, it ensures that there is adequate stakeholders’ engagement or public participation.

CBK says that it expressly stated in the Notices that it considered citizens views and input in the design process to be a fundamental constitutional rights and therefore highly encourages public participation in this important exercise.

That to ensure there was public participation, CBK gave the individuals, institutions, organizations and professional bodies on the design.

The bank argues that it gave broad factors for consideration in the proposals from individuals , institutions , organizations and professionals bodies which include Dominant physical features any aspect of Kenya, Key aspects of agriculture , Technology , sports , manufacturing , infrastructure , Tourism and Environment , preferred color schemes for each banknote and preferred sizes for both banknotes and coins.

SALT MAKER LOSES BID TO STOP SH2 BILLION TAX DEMAND.

By Nairobi Times -
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Kay salt product of Krystalline Salt limited.

BY SAM ALFAN.

Salt manufacturer company has lost bid to block Kenya Revenue Authority from demanding more than 1 billion tax.

This is after High Court dismissed an application by a salt making company, seeking to quash tax demand by Kenya Revenue Authority (KRA) of more than Sh1 billion.

“In my finding, the conclusion becomes irresistible that the applicant’s application must fail. Accordingly, the application is hereby dismissed is hereby dismissed”, ruled Mativo.

Krystalline Salt ltd rushed to court last August seeking orders to quash the decision from KRA demanding Sh1,358,754,214 from the company.

In the company’s view, the decision was done in violation of due process as laid out in the Tax Procedures Act and in contravention of the constitution.

The company also sought orders to prohibit KRA from issuing agency notices to its bankers freezing its bank accounts, suspending its PIN or threatening to enforce the demand notices.

Justice John Mativo heard that since 2013, the company and KRA has been locked in a court battles, with some cases pending at the Court of Appeal. The company through Hasmita Patel maintains that it does not owe KRA any tax.

The tax collector through, a manager, Policy and Tax Advisory Division said KRA issued the company with notices after investigations. The amount, he said, arose from Pay As You Earn and withholding tax and the demand was made on June 24, 2016.

He said in July 29, 2016, the company wrote back acknowledging the tax liability and requested for time to liaise with the parent Ministry. Further, the company allegedly made proposal, of paying a monthly amount, but failed to honour the pledge.

KRA faulted the company for rushing to court arguing that the matter should have been referred to Tax Appeals tribunal, first. But Krystalline argued that the tribunal was not properly constituted as it lacks quorum and the issues for determination was beyond the competence of the Tribunal.

The learned judge said the matter does not raise any constitutional question at all to warrant invoking of the High Court’s jurisdiction.

The tax agency is engaged in different legal battle with different company who are fighting to block the agency bid to collect huge taxes from the firms.

NAIROBI SPEAKER HUSBAND ON THE SPOT OVER FAILURE TO PAY 40K CHILD SCHOOL FEE.

By Nairobi Times -
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Milimani Law Courts building home of children's court./PHOTO BY S.A.N.

BY REPORTER.

The husband to embattled Nairobi County Assembly Speaker Beatrice Elachi has been ordered to immediately comply with the parental responsibility agreement to pay school for for his class five daughter.

This after Milimani Children Court adopted parental responsibility agreement dated May 14,2019 as a court order following child support case filed by another woman.

The child mother filed a certificate of urgency last week on June 7,2019 through lawyer Shadrack Wambui seeking orders compelling the Speaker’s husband Brian Tendwa Anguba to pay the school fee for the class five child claiming the child risks being sent out of school after he refused to pay school fees even though he voluntarily signed a parental responsibility agreement.

According to the agreement seen by the NairobiTimez, it was signed by both the mother and Tendwa and witnessed by a witnessing officer.

“Father given unlimited reasonable access on alternative weekends is Friday at 6 PM (estate name withheld) and drop back on Sunday at 6:00 pm”, state the agreement.

The agreement further indicate that the father will take care of expenses like education.

“Father to care for all education, medical and clothing, mother to provide the food and each party to care for their own shelter”, further stated the agreement.

Documents filed in court, the mother of the minor claims she has always struggled to pay the fees but due to serious financial difficulty she is not able to raise the same.

She says the two met in the year 2007 and cohabited for less than one year and later Tendwa moved to her house.

Around 2008, the mother to the minor secured a job in Mombasa where she relocated leaving Tendwa behind staying in her house and by that time she was two months pregnant.

“The defendant only paid a visit to me while in Mombasa utmost 3 times”, says the woman.

She adds that she developed complications forcing her to resign and came back to Nairobi.

” When I came back to Nairobi , I found that the defendant had already vacated the house we were living in though I found my belonging intact but he had taken away his belonging with him”, reads the court papers.

Through lawyer Shadrack, she further says that after the minor was born on April 5,2009, Tendwa cut communication and never availed himself and only appeared after two months and since then he visits the minor when he feels like.

“On May 14,2019 Tendwa was summoned at Kasarani Children’s office vide summons dated April 30,2019”, says the woman.

She says upon intervention by the children’s officer, Tendwa without being forced in any willingly entered into a parental responsibility agreement and signed the same but since the he has failed to abide by the said agreement and the minor risks being chased from school because school fees has not been paid.

The applicant claims that she had pleaded with the school to let the minor remain in school but no positive response has received from the Tendwa.

The matter will be heard today before the children court.

SAFARICOM ICT TOP OFFICIALS CHARGED WITH OBTAINING 300 MILLION.

By Nairobi Times -
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Safaricom ICT Director Simon Billy Kinuthia and his junior officer Brian Njoroge Wamatu before Milimani Chief Magistrate Court on Monday June 10,2019./PHOTO BY S.A.N.

BY NT CORRESPONDENT.

Two senior ICT Safaricom employees have been charged in a Nairobi court with obtaining Sh 300 million by Menaces.

The two,Safaricom ICT Director Simon Billy Kinuthia and his junior officer Brian Njoroge Wamatu appeared before Milimani Chief Magistrate Francis Andayi and denied two charges of Computer fraud and obtaining money by menaces.

Prosecution alleges that the duo unlawfully copied and transferred privileged Safaricom subscriber’s data information from Safaricom company database to unauthorized person namley Charles Njuguna Kimani.

They also face a charge of demanding money by menace where being employees of Safaricom they demanded Sh 300,000 from their employer Safaricom Kenya limited with intent to steal.

The two are alleged to have committed the offences between May 1, 2019 and June 7,2019 at Safaricom offices in Westlands, Nairobi.

After denying the charges the prosecution made an application for the accused persons to be reporting to DCI serious crimes unit two times a week.

However the accused opposed the request by the state saying that reporting twice a week is not necessary but once a week will enable the completion of investigations.

They also cited that they are employees of Safaricom and their jobs will be at stake if they do not report to work in the next 48 hours.

BUSINESSWOMAN SUES CBK OVER REGULATIONS ON NEW GENERATION CURRENCY.

By Nairobi Times -
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Central Bank Governor Patrick Njoroge presenting new currency to the Deputy President William Ruto

BY SAM ALFAN.

Nairobi businesswoman has moved to court challenging guidelines issued by Central Bank Governor Patrick Njoroge categorizing the class of deposits of the new notes.

Barbara Georgina Khaemba through lawyer Ng’ang’a Nyaga says the said directives are prejudicial and discriminatory to the depositors.

Georgina says she is a businesswoman without a bank account and holds all her money in a personal safe whose extent is not limited in law and can amount to monumental figures.

“The said policy and guidelines are highly prejudicial to Georgina and other class of few persons categorized by the Central Bank of Bank and CBK Governor Njoroge as having old Sh 1000 bills amounting in excess of Sh 5,000,000 as having set in the petition,” says lawyer Nyaga.

Barbara says the CBK and the Governor issued new banking policy and regulations with strict compliance deadline of October 1,2019.

She added that the said policy and guidelines are prejudicial to her and other class of few persons categorized by CBK as having lots of old Sh 1,000 currency bills amounting in excess of Sh 5,000,000 who then require investigation and endorsement before such notes are exchanged for the new generation notes thus setting the stages for infringement of the petitioners right of protection against discrimination.

Lawyer Nyaga urges that his client is engaged in various economic activities.

She said announcement by CBK governor during Mandaraka celebration that the holder of Sh 1,000 bills of up to Sh1,000,000 will go to the nearest Kenya Commercial Bank and exchange the same for new generation notes.

“By profiling holders of money as set in the CBK presupposes that holders of the banknotes of Sh 1000 amounting to excess of 5 million like her is dirty money must necessarily be involved in fictitious economic activities thus imputing prior guilt before individuals can be allowed to exchange the old Sh 1,000 notes with the new one’s,” reads the court papers

Njoroge further said holders of 1 million to 5 million will be required to necessarily have a bank account through which the exchange to the new generation notes will be done subject to the senior management of the bank branch or alternatively seek the endorsements of the central bank before proceedings to exchange the notes in a commercial bank if they do not hold a bank account.

The Governor also announced that any other person with or without a bank account who shall be in a possession of currency notes of an amounts exceeding Sh 1 million will require the endorsement of the CBK before exchanging notes.

CBK intimated their resolve to make it difficult for individuals holding large sums of money to exchange the said money as aforesaid with an aim of curtailing the cleaning of the ” dirty or blood money’.

SONKO THREATENS TO SUE STAR NEWSPAPER OVER MALICIOUS STORY ON HIS STATUS.

By Nairobi Times -
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Nairobi City County Government Governor Mike Mbuvi Sonko.

BY NT CORRESPONDENT.

Nairobi Governor Mike Sonko has given a local newspaper three days to apologise over a story published today on his alleged health status.

In a demand letter seen by Nairobi Times, the city boss says if The Star newspaper fails to apologise or retract the defamatory statement he will institute legal proceedings against it

The governor also claims that the publication was meant and understood by Kenyans public that he is an immoral persons and infected from HIV virus and suffering from AIDS.

He further says that the article portrayed him as a escaped convicted criminal and should not be trusted by any right thinking members of the public and particularly his constituents who have elected him as the conman of Nairobi County.

“The said publication has inflicted great prejudice to and has caused me extreme damage as a businessman and a community leader especially as the elected governor of Nairobi County,”reads the letter in part by Sonko.

Through his lawyer Cecil Miller ,the Governor says the publication should be in words acceptable to him and given similar prominence as of the publication complained of.

The malicious and spiteful statements were published without inquiring the truth or falsity and counter checking with him, he adds

In the letter Miller says the local newspaper deliberately chose to recklessly publish the malicious falsehood against his client with a view of damaging his reputation as a businessman and a Governor.

SECURITY ANALYST MWENDA MBIJIWE CHARGED WITH OBTAINING MONEY.

By Nairobi Times -
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Security consultant Mwenda Muthuri Mbijiwe before Milimani Chief Magistrate Court where he pleaded not guilty on Friday June 7,2019./PHOTO BY S.A.N.

BY NT CORRESPONDENT.

A former military officer has been charged in a Narobi court with obtaining Sh 150,000 from a businessman by false pretences.

Mwenda Muthuri Mbijiwe appeared before Milimani Chief Magistrate Martha Mutuku and pleaded not guilty to the fraud charges.

Mbijiwe who is a security consultants is accused that on March 28 and 29 this year in Nairobi county, with intent to defraud obtained Sh 150,000 from Fadhili Abdi Mohammed by falsely pretended that he was in a position to secure the businessman sister Shamso Abdirahman a job placement with the United nations

He was released on a cash bail of 50,000 and bond of 100,000.

Hearing was fixed for July 19.

STUDENT WHO THREATENED BUSIA WOMEN REP DETAIN FOR FIVE DAYS.

By Nairobi Times -
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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.

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