Blog Page 239

JACK AND JILL SUPERMARKET OWE ATTRIBUTES LOSS TO LANDLORD.

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Jack and Jill supermarket director Schon Noorani testifying at Milimani law courts on Tuesday November 17,2015.

BY SAM ALFAN.

Jack and Jill supermarket director Schon Noorani told the high court that he experienced a great loss when the Supermarket was destroyed.

Noorani confirmed to the court that indeed it was his landlord Victor Ngunjiri who destroyed his property.

The director who appeared before Lady Justice Lucy Njuguna explained how the supermarket was demolished despite a court order that allowed him more time at the premises in the year 2013.

Noorani told the court most of his documents were destroyed in the demolition and he seeking compensation for millions lost.

“I have moved to court now for the third time trying to receive justice because for all that period i was operating the business lawfully,” said Noorani.

At that time the businessman claims that the instructions of the landlord kept on coming and arresting him out of no reason.

The director said that Ngunjiri has been charged with contempt of the court where he was granted leave to commence. He said that he had been running that business for 30 years and had created a very good relationship with his customers.

During the testimony the director said he was told to vacate in seven days peacefully by May 21, 2013 and the stock worth over Sh 86 million was destroyed during the demolition process.According to him it was his Auditors who prepared the accounts of the loses of his business that was incurred after the demolition.

“The properties were destroyed by  my landlord’s agents who facilitated the looting during the incident that occurred in May 23, 2013.The people who demolished were hired ‘goons’ who destroyed his properties despite the court order that had granted me seven days to prepare and vacate.

“I had already obtained a temporary order to vacate within seven days but the landlord came and destroyed the supermarket,” said Noorani.

The prosecution said they had lined up five more witnesses to complete the case. The case will be heard on 8th December when the next witness will take the stand.

 

SUSPENDED GEOTHERMAL DEVELOPMENT COMPANY BOSS AND EIGHT OTHERS CHARGED.

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Geothermal Development Company managing director Silas Masinde Simiyu, Nicholas Karume Weke, Abtaham Kipchirhir Saat, Peter Ayodo Omenda, Godwin Mwagae Mwanongo, Praxidis Namoni Mbayi, Caleb Indiatsi Mbayi, Bruno Mugambi Linyuru and Michael Maingi Mbevi before Anti-Corruption Court at Milimani law court.

BY SAM ALFAN.

Geothermal Development Company managing director Silas Masinde Simiyu other eight members of tender committee have been charged with abuse of office in awarding a Sh42.7 million tender.

He is charged alongside Mr Simiyu were Nicholas Karume Weke, Abtaham Kipchirhir Saat, Peter Ayodo Omenda, Godwin Mwagae Mwanongo, Praxidis Namoni Mbayi, Caleb Indiatsi Mbayi, Bruno Mugambi Linyuru and Michael Maingi Mbevi.

“On August 29 2012 at GDC headquarters at Taj Towers in Nairobi, being members of the GDC tender committee failed to comply with laws relating to procurement by confirming an award of Sh42,746,000 to Bonfide Clearing and Forwarding Ltd for rig move services,” read the charge sheet.

The second count was against Mr Saat, Mr Mwanogo, Mr Linyuri, Mr Simiyu and Mr Mbevi where they were alleged to have influenced the tender committee in evaluating the contract.

Mr Simiyu and Ms Saisi, who is the company secretary, faced separate additional charges of abuse of office and failing to ensure proper management of public funds.

The two were released on a cash bail of Sh8 million each while the rest were granted Sh5 million cash bail each.

Saisi was also charged with abusing the office of Company Secretary by “improperly conferring a benefit to Bonfide to with a contract in respect of rig move services at a price that was in excess of prevailing market prices.”

Simiyu was also charged with abuse of office and as accounting officer, for contravening the Public Finance Management Act “by failing to ensure that the resources of the company were used efficiently and economically.”

Having denied the charges, the accused applied to be released on reasonable terms which were set at a Sh8 million cash bail (for Simiyu and Saisi) and Sh5 million for the rest.

Lawyer Kioko Kilukumi acting for Simiyu opposed the terms set, describing them as prohibitive and tantamount to denying the accused bail “as is their constitutional right.”

Kilukumi had applied to have Simiyu released on a cash bail of Sh100, 000 which would have been equal to the amount paid by the accused in a police bond on Monday.

The defence teams argued that by setting such “unprecedented” terms, the court was in essence delivering judgement in a case that was yet to be heard by punishing their clients.

Chief Magistrate Kennedy Bidali was however adamant that the amounts set are in line with Judiciary’s bail and bond guidelines.

He advised the aggrieved parties to make an appeal in the higher courts or renew their application at a later date.

Kilukumi informed the court that they would indeed be taking up the first option saying the bail terms set, “smack of a conspiracy,” against his client and his co-accused.

NAIROBI TIMES confirms Geothermal Development Company managing director Silas Masinde Simiyu and other four accused will spend their night at Industrial prison after failing to pay their cash bail.

They were spotted leaving Milimani law court in a tax escorted by a police land cruiser as their lawyers rushed to file the application in the High court challenging the cash bail issued by Mr Bindari this morning..

 

DPP DIRECTS PS MANGITI AND NYS DIRECTOR NELSON GITHINJI TO BE CHARGED OVER NYS 695 M SCANDALS.

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President Uhuru Kenyatta accompanied by NYS Director General Nelson Githinji arrive at Gilgil training college.

BY OUR REPORTER.

Director of Public Prosecution has called for the immediate prosecution of National Youth Service Director General Nelson Githinji, Planning PS Peter Mangiti and businessman Benson Gethi Muchemi.

Tobiko outlined seven criminal offences that he alleges were committed. He further recommended for prosecution alongside the two is businessman Benson Gethi Muchemi.

DPP in his statement claims they will be charged with tampering with a public officer contrary to section 107(a) of the Penal Code for “threatening and intimidating,” NYS accounting officer Adan Harake.

“The trio together with businessman Ben Muchemi) attempted to dissuade Harakhe from reporting and following up with the CID the matter relating with the conspiracy to steal Sh695 million,” the statement reads.

It continues to state that the three threatened Harakhe, “with consequences, If he proceeded to decommit from the IFMIS system said sum of Sh695 million,” the statement reads.

Twenty-three persons including Muchemi will on the other hand be charged with the theft of another Sh791 million through fraudulent IFMIS transactions.

They are Regina Mungai, Fredrick Okello, Josephine Kabura, Peter Otwoma, Hendrick Pilisi, Samuel Wachenje, Jane Wangechi, David Alunga, Titus Libondo, Chemos Ndiema, Naftali Githinji, Ruth Hihu, Charles Nyaachi, Mary Wangui, Ezekiel Kamau, James Gitau, Samwel Kilonzo, Philip Otunga, Jennifer Mugure, Rhoda Makau, Joel Karenju and Francis Kariuki.

Three of them – Regina Mungai, Josephine Kabura, Peter Otwoma – together with one Caroline Njambi will face the additional charge of conspiring to defraud the NYS of the aforementioned Sh695 million.

Tobiko had sent a file on the probe back to the investigating agencies in September after the initial probe by the CID proved unattainable.

He ordered the immediate prosecution of all those named in the cases and asked the EACC and the Asset recovery Agency to initiate asset recovery proceedings.

Devolution Cabinet Secretary Anne Waiguru could testify against her juniors in the ministry expected to be charged over the Sh791 million National Youth Service (NYS) scandal.

The Directorate of Criminal Investigations (DCI) in a new report submitted to the Director of Public Prosecutions (DPP) wants Ms Waiguru to become a prosecution witness in the case that could expose the extent of the conspiracy to defraud taxpayers through questionable procurement dealings.

Planning Principal Secretary Peter Mangiti and National Youth Service (NYS) Director General Nelson Githinji are among 23 Devolution and Planning ministry officials reportedly recommended for prosecution over Sh791 million payments authorities say were fraudulently made to three companies.

The initial suspicious transaction involved Sh828.6 million, but investigations showed the PS had approved Sh133 million.

While Ms Waiguru explained the payment of Sh695 million was stopped, the DCI found similar transactions to defraud the Government had been carried out between December 2014 and April 2015 totalling Sh791 million.

Githinji was the holder of the Authority to Incur Expenditure (AIE) at the time the money was paid out.

These dubious deals marked the start of Waiguru’s tribulations.

She has constantly maintained that she was the one who blew the whistle on suspicious transactions at NYS.

HOSPITAL SUED FOR DETAINING PATIENT.

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BY SAM ALFAN.

Nairobi hospital has been sued for holding a patient over Sh 400.000 medical bills.

Mrs Lilian Vugusta who  on behalf  of her mother in- law, says that the hospital  having received  Sh 210,000 its declined to set free  the patient  to enable relatives and friends to raise the balance.

The family has even attempted to palace title deed to secure her release but the management of the hospital has not agreed on the financial arrangement.

Mrs Vugusta said continuing keeping the patient in the hospital is one way of having bills increasing day by day

“Our request is that the patient be released to stop the bill from accruing  further  and in the interest of the patient whose  health  was deteriorating due to infections during her detention which were not part of the initial medical condition be considered by the court

She says despite her willingness to negotiate to a settlement where the outstanding bill would be settled at agreeable monthly installments, the hospital has declined to release the patient or listen to any other offer than cash that is not available right away.

The daughter in law claims that the continued detention of the patient is adversely affecting her medical condition and recovery process

She wants the court to order that the just and due bill incurred by the patient is sh 337,511 computed as 26 August.

High Court Judge Mumbi Ngugi certified the matter urgent and directed the petitioner to serve the hospital and matter be heard inter parties on November  17

MAN ALLEGED TO HAVE KILLED NEPHEW CHARGED.

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BY SAM ALFAN.

A 19 year old man was on Monday charged before a Nairobi court with killing his 9 year old nephew.

Linus Olwande, a form four student at Baba ndogo secondary school, was accused of killing the boy on August 28 at Kasabunu estate in Ruaraka in Nairobi, after he tried to discipline him following his suspension from school due to pouring porridge on his teacher.

According to the prosecution, the deceased’s mother Maureen Akinyi called the suspect to go home and help her assist in disciplining the boy who had absconded school for four days.

When Olwande arrived home he found her beating the deceased with a bladder rope. Akinyi said that her dead son was suspended from school for being notorious and he had poured porridge on the teacher leading to his suspension.

She said that her son refused to go home and was picked by good Samaritans on the road and brought him home.

Police was told that the suspect took a pipe and started beating deceased on the legs, back and buttocks where he fell down unconscious.

Olwande and his mother tried to perform first aid but no change. He was rushed to the hospital
where he was pronounced date on arrival. The police was informed leading to his arrest.

He denied the charges before chief magistrate Emily Ominde and was released on a cash bail of Sh200, 000 or a bond of Sh300,000.

The case will be heard on April 15.

KURIA’S CASE TO PROCEED WITHOUT SAFARICOM DATA.

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MOSES KURIA CASE-DPP APPLICATION THROWN OUT (5)
Gatundu South Member of Parliament Moses Kuria who has lost a bid to have Safaricom compelled to produce phone records of Law Society of Kenya Chief Executive Officer Apollo Mboya.
BY SAM ALFAN.
Gatundu South Member of Parliament Moses Kuria has lost a bid to have Safaricom compelled to release phone call data he expected to use in his defence in a case in which he is charged with hate speech and ethnic contempt.

A magistrate overruled the politician’s request as “premature” and that it had only served to “waste the court’s time.”

Mr Kuria wanted Safaricom compelled to release the call details relating to allegation made in court by LSK Secretary Apollo Mboya who was a prosecution witness in the hate speech case.

The witness had told the court that he had received four calls from advocates who told him that Mr Kuria had posted the alleged hate speech messages on his Facebook wall.

Presiding magistrate Theresia Nyangena said the application was unripe as the prosecution was yet to clos its case and the suspect was yet to be put on his defence.

She said she was reluctant to dictate how the prosecution should conduct its case.

“ It is my finding that it is premature…the court at this juncture cannot make a finding whether the accused has a case to answer and in my opinion lacks merit, and only serve dto waste the courts time,” she said.

The magistrate directed that the case facing Mr Kuria be heard and determined before the end of the year.

Hearing resumes on December 1.
In the case Mr Kuria is charged with posting messages after the Gikomba bombing in which he accused members of the Luo community for being responsible.

The prosecution says the messages were designed to stir ethnic contempt against the luo and Somali communities.
Director of Public Prosecution Keriako Tobiko has opposed an application by Gatundu South Member of Parliament Moses Kuria seeking court orders to compel Safaricom Kenya Limited to provide phone
records of the law society of Kenya Chief Executive Officer Apollo Mboya.
In his grounds of opposition filed in court, the DPP says court cannot issues mandatory injunction to the giant telecommunication company Safaricom since it’s not a party to the present suit or application.
Through Senior Director of public prosecution Leonard Maingi, he claims court has no jurisdiction to
grant orders sought in Kuria’s application through his lawyer Danson Mungatana.
He further submitted orders sought infringes the right to privacy of information of PW1 (Apollo Mboya) guaranteed under Article 3(C) of the constitution. DPP claims the application was brought in bad faith and seeks to embarrass Apollo Mboya and material sought by the accused will not assist the court.

While responding to DPP ground of opposition, lawyer Danson Mungatana told the court that, it’s the right of the accused to challenge any evidence by the prosecution.

“It’s the right of the accused person to challenge any evidence produced by the prosecution and we want the record of Mr Mboya to challenge his evidence on oath before this court” Said Mr Mungatana.

He also trashed DPP statement that court has no powers to compel Safaricom to produce phone records of Apollo Mboya of a specific date and hour which they intend to prove he misled the court
when he said he received calls complains about Kuria’s post.

“We are seeking records of Safaricom to prove that indeed it’s force, which brings to question the integrity of the witness. And evidence Act is very clear where we are seeking to show that in fact the statements that are given before this court may not reflect information that’s necessary for it to determine any matter before it” Said Mr Mungatana.

He told trial magistrate Teresa Nyangene that, nothing can stop the court from obtaining the statement stating that, as per Section 33 of the constitution court has that power to obtain the information sought by the accused.

 

 

 

 

 

 

YONGO FAILS TO BLOCK ‘GRANDMULLA’ IN DEFAMATION SUIT.

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Debt collector Bryan Yongo before Justice Sergon where he lost his bid to block senior counsel Ahmednasir Abdullahi from representing senator Bonny Khalwale in defamation suit against governor Evans Kidero. at Milimani law courts.
BY SAM ALFAN.
Businessman Bryan Yongo has lost bid to block senior counsel Ahmednasir Abdullahi be removed from representing senator Bonny Khalwale in defamation suit against governor Evans Kidero.

Justice Joseph Sergon said that Yongo had not shown the prejudice to be suffered if the senior continued to be lead counsel in the matter.

The judge said that similar application been brought forward before Justice Rose Ougo and the same dismissed.

He said its same application that has been brought this court, seeking same orders to effect Ahmednassir does hold practicing certificate the judge while dismissing the application he ordered Yongo to pay costs to the senior counsel.

Justice Ougo, said in her judgment that the trader lacks capacity to bring suit against the Ahmednasir.

She said the suit seeking to have Ahmednasir struck off from the role of advocate for an allegation that he did not have practicing certificate lacked merit and filed by a person not permitted by law to do so

The judge had said that its the Council for legal education and Law Society of Kenya who permitted by law to file such suit.
She said that such application ought to have been filed within twelve months of the admission to roll of advocate.

” The court held that twenty years now since Ahmednasir was admitted as an advocate of the high court is long period of time to file such application” the judge said.

She described Yongo has a stranger who has no relationship with the lawyer whom he wanted the court to indict.

The court ordered Yongo to pay costs to respondents, Council of legal education, LSK and Ahmednasir.

KALENJIN ENJOINED IN A CASE SEEKING TO REOPEN THE WAKI ENVELOPE.

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Political activist David Matsanga with Kalenjin council of elders lawyer William Arusei deliberate as they leave Milimani law court after the elders were enjoined as the interested party in a suit Matsanga is seeking high to compel justice Waki secret envelope be made public on Friday 13 November,2015.
BY SAM ALFAN.
High Court has enjoined Kalenjin council of elders in a suit seeking to compel Justice Philip Waki to reveal the contents of the secret envelope have urged the court to allow them to participate.
Justice Lenaola allowed the application saying their application raises weighty issues that needs to be addressed by the court concerning justice WAKI secret envelope which mentioned the community.
The case will be mentioned on 9th of December for purpose of confirming to the court whether the parties will seek a bench of more than one judge.
Lawyer William Arusai for Kalenjin council of elders welcomed the court ruling saying the community will be finally heard.
The applicants have raised substantial issues of law which they want the bench to hear.
“Kalenjin as a community feel aggrieved in a sense was advisedly mentioned without being given a hearing in the issue touching post election violence” Said lawyer Arusai for Kalenjin elders said.
Justice Isaac Lenaola ask the parties on whether they will seek the matter to be handled by a bench of uneven numbers saying the petition raises very substantial and new issues and there’s a need to deal with issues touching WAKI report for once.
Kalenjin council of elders moved to court seeking to be enjoined in a case filed to by an activist to compel Justice Philip Waki to reveal the contents of the secret envelope have urged the court to allow them to participate.
Matssanga through his lawyer Ngaruiya waithaka moved to court seeking high court to compel the appellate court judge, Justice Philip Waki report on the 2007/2008 post-election violence report made public.
The elders, under the umbrella of Myot Welfare Association, want to be enjoined as interested parties, in the case that was filed by activist David Matsanga.
Through lawyer William Arusei, the elders on Wednesday told Mr Justice Isaac Lenaola that the Waki report condemned the community without giving it a chance to be heard, hence their interest in the case.
The report the lawyer said, made various assertions against the community which have the effect of belittling, defaming and prejudicing the entire community.
The office of International Criminal Court Prosecutor Fatou B. Bensouda has replied to the High Court of Kenya request to participate in court proceedings filed by Ugandan Scholar David Nyekorach Matsanga through his lawyer Ngaruiya waithaka seeking to have the contents of the Waki envelope made public.
“Kenya High Court has no jurisdiction over my office or ICC as a whole” said Bensouda in her letter.
Bensouda through her letter to Kenya Ambassador to Netherlands Ms Rose Makena Muchiri says her office won’t and will not participate on High Court proceeding’s as requested through Chief Justice Willy Mutunga.
“My office won’t will not participating in High Court of Kenya proceedings” Bensouda says in her letter.
Bensouda used Emissary tactic to respond to the High court request under what is viewed as a way of avoiding to respond to the court directly that requested her office to participate to the proceedings.
The prosecutor claims that the office of the prosecutor enjoys immunity under both International and Kenyan law privileges and immunity.
“Immunity from legal process is similarly accorded to the court’s official and staff under Article 48 of Rome Statute and Article 9 A of the Kenya privileges and immunity Act”. Say Bensouda.
David Nyekorach Matsanga through his petition, he sought High court to issue an injunction to direct or compel the office of prosecutor of International court to take certain measures on the matter.
“The community was adversely mentioned in the report by the Commission of Inquiry into Post-Election Violence (CIPEV) which was chaired by Justice Philip Waki but their response, which is a requirement in law, was not sought before the report was published,” said lawyer Arusei.
He said the community should have been allowed to defend itself against the allegations made. According to the elders, unless the allegations are challenged, the past, present and future generations of the Kalenjin nation will suffer prejudice in Kenya and elsewhere.
The request has however been opposed by Attorney General through senior state counsel Njoroge Mwangi who said that the elders have not demonstrated the different contribution they will bring into the case which will not be addressed by the parties already in the case.
The court was also told that allowing the welfare association to participate will amount to duplication given that some of the issues they seek to raise, already form the substance of the case.
Mr Matsanga filed a petition to compel the government and the International Criminal Court to make public the contents of the Waki Report. He said that he has filed a case at The Hague-based court and needs the report to advance it.
The Waki report was presented to President Mwai Kibaki and Prime Minister Raila Odinga in October 2008.
The commission then gave an envelope containing the names of alleged perpetrators of the violence to Mr Kofi Annan, who brokered a power-sharing agreement between Mr Kibaki and Mr Odinga.
The names were finally handed over to Luis Moreno-Ocampo in early 2009, the then chief prosecutor at the ICC, after Parliament rejected an amendment Bill for a special tribunal to try the suspects.
The case will be mentioned on 9th of December for purpose of confirming to the court whether the parties will seek a bench of uneven number to hear their petition.

COURT FREES LARI MP MBURU KAHANGARA .

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Lari Member of Parliament, Joseph Mburu Kahangara with his lawyer Lawyer Nicholas Njagi leaving Milimani law courts accompanied by his supporters after he was acquitted of a charge of traffic offences on Wednesday November 11,2015.
BY SAM ALFAN.
Lari Member of Parliament Joseph Mburu Kahangara is a free man after he was acquitted of a charge of traffic offences.
He was released on the grounds “of inconsistencies in testimonies of prosecution witnesses”.
Mburu was accused of obstruction, overtaking, driving a motor vehicle without a licence, overlapping and failure to obey lawful instructions issued by a uniformed traffic police officer. He was driving his personal four-wheel drive vehicle during the altercation with the police along Murang’a Road in Nairobi.
The politician denied the charges and the plea court senior Principal Magistrate Dolphin Okundi directed him to post Sh100, 000 cash bail to secure his liberty after he denied the traffic charges.
He said that based on the “unreliability of the evidence adduced in the case”, he was left with no alternative but to free Mr Kahangara, who has been on trial for the past two years.
The magistrate said that, for instance, there was doubt regarding the proximity of the purported eyewitness, who alleged to have seen the MP assault Corporal David Ruto.
“The witness said he was standing outside Kahama Hotel while the alleged incident took place several meters (away) along Murang’a Road …anyone who is familiar with the place such as me would definitely doubt if at all one is able to see that far,” he said.

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He also said the case against the MP may have been fueled by “malice”, just like in a separate case in which he was charged with committing six offences of flouting traffic rules.
In the case, the police charged Mr Kahangara of failing to carry his driving licence, contrary to the law, and driving a motor vehicle without a licence.
He has since been acquitted in the traffic case.
Mr Ruto had claimed in his testimony that he was punched to the ground by the MP after he tried to stop him as he drove off despite being signaled by a uniformed police officer to pull over.
Mr Cheruiyot questioned why the police officers were not interested in recording the statement of a second person who was with the accused in the same car, as a possible witness.
“Kenyans must stand against police harassment; this is victory for all of us. One reason why I decided to go all the way is because we have all seen what traffic police officers do on the roads, they try to collect bribes from Kenyans and think that if you tell a Kenyan that he will be taken to court they oblige, some accept charges and are fined even if they are innocent,” he said.
“The court noted that all the witnesses were police officers from Central Police Station and that they avoided calling a civilian passenger, who was said to have been in the accursed car,” the magistrate said.
The magistrate was making a ruling on whether the MP had a case to answer.
Lawyer Nicholas Njagi said the prosecution had failed to prove its case and applied that the Sh100,000 bond the MP had deposited be released.
Outside the courtroom, a visibly excited MP told reporters that he had chosen to fight the case for the past two years to vindicate himself on behalf of other Kenyans who have been victims of extortionist traffic police officers.

PARLIAMENTARY STAFF IN SH70M THEFT CASE.

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Seven Parliamentary staff Obudo Samuel, Mary Gathigia, Keith Musyoki, Aloys Nyambariga, David Mulinge, George Omondi and Benjamin Njagi appeared before Chief Magistrate Daniel Ogembo before a Nairobi court on Tuesday November 10, 2015 at Milimani law courts.

BY SAM, ALFAN.

Seven Parliamentary staff has been charged with conspiring to steal sh 70.6 million from the Parliament.

Obudo Samuel, Mary Gathigia, Keith Musyoki, Aloys Nyambariga, David Mulinge, George Omondi and Benjamin Njagi appeared before Chief Magistrate Daniel Ogembo and denied the charges.

The court heard that they allegedly conspired to steal on diverse dates between July 2013 and June 2015.

Mary Gathigia, Keith Musyoki and Aloys Nyambariga faced other counts of Abuse of Office and making a document without authority.

The court heard that on January 2014 to June 2015 at parliament building in Nairobi  being persons employed in the public service as Deputy Director Finance  and Accounts ,Principal Procurement Officer  and Procurement Assistant  respectively, they arbitrarily directed  the procurement of assorted printing tonners  all  valued at sh 70.6 million.

On the last count, Otieno, Kithua, Arun and Kagutu were accused that on similar dates, being persons employed in the public service as director finance and accounting, principal finance officer, deputy director internal audit and accountant (III) respectively, they arbitrarily directed the payment of assorted printing toners all valued at Sh70,624,900.

The accused faced several other counts of abuse of office. They denied the charges before Chief Magistrate Daniel Ogembo and were released on a Sh1 million bond and one surety of similar amount or a cash bail of Sh300,000. The defence through lawyer James Ochieng Oduol applied for favorable bond terms on the grounds that the accused are Kenyan citizens and are not fright risk.

“I pray that the court retains the terms that the accused were granted on the first day they appeared in court because they have been cooperating,” said Oduol.

Prosecutor Daniel Karuri did not oppose their application for bail but urged the court to consider the magnitude of the offence and enhance bail terms. “The offence is of serious nature and the bond term of Sh1 million or a cash bail of Sh300,000 should be enhanced,” he said. The case will be heard on January 26, 2016.

They are also accused of misuse office. The first two and five was ordered to report at criminal investigation department.

In the last count, Obudo Samuel Otieno, David Mulinge Kithua, George  Omondi Arum and Benjamin Njagi Kagutu   were charged with abuse of office by directing  the payment of assorted printing tonners  all valued at sh 70.6 million .

Mr Ochieng applied the accused to be released on the same bond terms.

Mr Ochieng told the court that, the accused appeared before in court as ordered after miscellaneous criminal application by the prosecution.

Mr Daniel Karuri for the director of public prosecution opposed Mr Ochieng application for the accused to be released on the same bond terms requesting the court to advance the bail terms since the accused has been charged.

“We are not  opposed bail to bail, however we have a problem  with the existing bail bond terms of  one million and a cash bail of 300,00” said Mr Karuri

Mr Karuri told the court that,the terms were issued to the accused  before they were charged and it has evidence on the charge sheet the charges are serious and sought the bail terms to be advanced.

Nairobi Chief Magistrate Daniel Ogembo ruled the accused person to be released on the same terms.

They are facing nine charges.

Earlier five of the accused person appeared before aNairobi court and were released on a Cash bail  of Sh 300,000 with a surety of Sh 1 million.

Senior principal Magistrate Benson  Nzakyo, directed the suspects to deposit the amount to secure their release pending investigation  to the loss of Sh 78 million from Parliament kitty.

Senior Principal Magistrate Benson Zakyo in his ruling said he found no reason to detain the accused.

“In my personal opinion I have not seen any reason why the respondents should be detained for more than 24 hours” said Zakyo.

Director of Public Prosecution Keriako Tobiko had applied to have five held for a period of 14 days to allow police investigate.

”The amount of money involved is complex and police has been unable to complete investigation’s. All the five respondent are employees of parliament if released they are likely to interfere with investigation” Said Karuri.

However, accused defense team led by James Ochieng objected to DPP application.

It’s inconsistence to say one has stolen over 70 million and then on the other hand say we have not completed investigations” James Ochieng told the court.

The suspects Obudo Samuel Otieno (director of finance) Keith Musyoki Kisinguh and Alloys Nyambariga (Supplies department George Omondi Arun and Benjamin Njagi  Kagutu were arrested on Monday and the DPP says police have not  completed investigation before a decision is made whether to charge them.

The DPP through senor state counsel Daniel Karori, told the court that police require more time to investigate and interview witnesses.

He said two of key witnesses are out of the country; a decision to charge cannot be arrived. The suspect is staff members of Parliament under the employment of PSC, whose investigation might take time.

The prosecution told senior principal magistrate Benson  Nzakyo, that there  are several leads being followed by the police.