Blog Page 240

SECURITY GUARD WITHDRAWALS COMPLAINT AGAINST SUPREME COURT JUDGE.

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Supreme Court Judge Mohammed Ibrahim .

BY NT CORRESPONDENT.

A Security guard who had filed a complaint against Supreme Court Judge Mohammed Ibrahim yesterday withdrew the case.

Ronald Ayiera Nyoro had filed a complaint against the Judge at Spring Valley Police Station under OB No. 03/21/03/2019 claiming that Justice Ibrahim had threatened to shoot him following a disagreement at the judge’s residence in Nairobi.

Yesterday judge Ibrahim accompanied the guard to Giriri Police station where he voluntarily withdrew the complainant against the judge before the DCIO.

“The judge had no objection to the withdrawal of the complainant and he recorded the no objection before the DCIO”, said Lawyer Wambua Kilonzo for the judge.

The complainant approached the judge through his lawyer informing him that he had voluntarily made decision to withdraw the complaint against him.

Following the report by complaint, the matter was transferred to Gigiri police and DCIO launched investigation which clearly started that though there was a slight disagreement between himself and the complainant, the judge did not brandish any gun or threaten to shoot the complainant on March 21 or at all.

Investigation by the DCIO Gigiri police station confirmed the judge does not have a gun or own any firearms and he has never applied for any firearm license

KTDA DIRECTORS FINED FOR CONTEMPT.

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KTDA boss before appellate court.

BY NT CORRESPONDENT.

 Kenya Tea Development Agency (KTDA) Chief Executive Officer Lerionka Ole Tiampati, Company Secretary John Omanga and four directors of Kiru Tea Factory have been fined Sh400,000 each for contempt of court.

They have a seven-day ultimatum to settle the fine and in default serve a seven-month jail term. The fate of the six officials hangs in the balance because anyone who is convicted and jailed beyond six months cannot hold public office.

Appellate Judges William Ouko, Fatuma Sichale and John Otieno-Odek decried wanton rivalry for leadership of the 8,000-member factory in Murang’a County and said there were legal mechanisms for removal of directors instead of resorting to uncivilized behavior.

The three-member bench said obedience of court orders was the cornerstone of the administration of justice and punishment was meant to maintain the dignity of courts. Senior Counsel Paul Muite, assisted by lawyer Kithinji Marete, for the tea factory, had demanded six-month jail-terms for each of the officials.

The Appellate Judges rejected a plea by lawyers Waweru Gatonye, Benson Milimo and James Ochieng Oduol to suspend the proceedings for 21 days to enable them challenge the conviction of the six officials before the Supreme Court. The urgent application was placed before Chief Justice David Maraga for directions.

Last week, the aggrieved officials suffered a technical blow whjen the court rejected their application seeking to nullify the February 22 decision that found them guilty of willful disobedience of court orders stopping them from interfering with the leadership and management of the tea factory.

The six officials had flouted sanctions imposed on December 6 and 21, 2017 against KTDA Holdings and KTDA Management Services from conducting any meetings or causing the nomination of directors of the factory pending an appeal challenging the alleged ouster of its Chairman Chege Kirundi and Company Secretary Bernard Kiragu. Those on the firing line were Tiampati, Omanga, Stephen Githiga, Easton Gakungu, Peter Kinyua and Francis Macharia.

In the protracted case, Kirundi and his allies, who are facing rebellion from the Githiga group, had secured an injunction stopping interference with the giant factory’s leadership. Kirundi and co-directors Kiragu, John Ngari (Vice-Chairman) and Christopher Mwangi (Auditor) have accused their rivals of trying to paralyse operations of the firm at the behest of powerful individuals who are seeking control of the tea industry in the region.

The Appellate bench had observed that KTDA-HC and KTDA-MS appeared intent on Omanga’s nomination to replace Kiragu and the rivalry between the warring parties was likely to cause considerable harm to the farming community. Omanga was reportedly removed from the Kiru board on September 11, 2017 and replaced by Kiragu.

NEMA’s BAN ON NON-WOVEN BAGD SUSPENDED BY COURT.

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Importers and small Traders Association of Kenya members outside Milimani Law Courts building.

BY NT CORRESPONDENT.

The National Environmental Management Authority (NEMA) ban on non-woven polypropylene bags has been temporarily suspended by the High Court.

This follows an application filed by Importers and Small Traders Association of Kenya who have challenged the ban on grounds that it was made unilaterally and without any consultation whatsoever with the stakeholders and public.

“The court be pleased to issue orders suspending the directive by the respondents stopping the use , manufacture, importation and supply/distribution of non-woven polypropylene bags effective from 31st March this year pending hearing and determination of the case, “reads the order issued.

In the court papers the traders claim that they have heavily invested in capital in terms of machinery, raw material and labour. “That the respondent in inhuman, inconsiderate and not proportionate as they offend the principles of inclusiveness and public participation, “reads the court papers.

They argued through lawyer Kelvin Mogeni that the said directive by NEMA is bound to occasion massive job losses and further curtail the economic rights of many Kenyans who rely or trade on non-woven bags.

Further they claimed that NEMA’s directive is intended to be to be in force indefinitely as they do not indicate how long it will take for the Kenya Bureau of Standards to effect specifications on the gauge and quality of the non-woven carrier bags, so that they could be allowed in the market.

NEMA on 19 last month publicized a directive demanding the traders to stop the use, manufacture, importation and supply and distribution of the non-woven polypropylene bags effective from March 31.

The authority says the bags in the market are equally a threat to the environment.

DPP WANT SENIOR COUNSEL MUITE OUT OF FERTILIZER TRIAL.

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Senior Counsel Paul Muite who DPP wants out of KEBS trisl.

BY NT CORRESPONDENT.

Director of Public Prosecution Noordin Haji now wants Senior Counsel Paul Muite removed from representing suspects facing charges of attempted murder over fertilizer alleged to contain excessive mercury.

In an affidavit sworn by the investigating officer corporal Moses Gituathi, the prosecution said there is bound to be conflict of interest in the case if Muite continues acting for Benson Oduor Ngesa and OCP (K) limited.

The prosecution said Muite has been retained by Kenya Bureau of Standards (KEBS) as one of the long-term counsel, among them as case pending before the High Court.

KEBS is said to have an interest in the current matter whereby the court ordered it to retest the fertilizer alleged to contain excessive mercury.

“Having acted for KEBS and will being retained by Ngesa and OCP is a classic case of conflict of interest which warrants the intervention of the court,” swears the IO in his affidavit.

According to the documents, the Senior Counsel has had access to the statements of witnesses lined up by the prosecution hence his knowledge of the victims is now clear.

“The continued representation by the Counsel for the 7th (Ngesa) and 11th (OCP) accused persons in this case with the apparent conflict of interest is an affront to the administration of justice in this case,” adds the officer.

Trial magistrate Kenneth Cheruiyot directed that the application be heard on April 24.

At the same time, the court issued summons to the Chief Manager customs KRA at Kilindini port, Abdi Malik for disobedience of court orders.

The court directed Malik on March 13, 2019 to facilitate the access to the warehouse where the fertilizer is stored by removing the seals. The sampling was to be done on March 25 and the retest the following day.

This however, was not done since they were not granted access by Malik after travelling all the way for the exercise.

In the case, the accused persons are former KEBS MD Charles Ongwae, Erick Cheshire, Peter Kinyanjui, Martin Muswanya, Pole Mwangeni, Benson Oduor Ngesa, Karim Lofti, Malika Kirama, Younes Addou and OCP (K) limited.

They are charged with attempted murder and abuse of office for allowing substandard fertilizer into the country.

LAWYER WHO CLAIMED TO SELL PURE GOLD TO GUY CHARGED WITH 4 MILLION FRAUD.

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Lawyer Malinzi Lucey Kwesiga before Milimani Chief Magistrate Court where he pleaded not guilty

BY NT REPORTER.

A city lawyer has been charged before Milimani Chief Magistrate Court with obtaining over Sh 4 million.

He pleaded not guilty before Chief Magistrate Francis Andayi and was released on a cash bail of Sh 500,000.

Malinzi Lucey Kwesiga is accused of obtaining 19,000 euros and USD 20,000 (equivalent to Sh 4 million) from Patrick Guy by falsely pretending by that he would sell him pure gold.

Prosecution alleged Kwesinga committed the offence on diverse dates between March 8 and 26 this year with intent to defraud Guy jointly with others not before court.

His defense team had objected his plea taking on grounds that the charge sheet did not fully disclose the particulars of the offence.

The court heard that the accused received 3000 euros from the client and was instructed to have the money paid to a company called prime shippers, which he did.

The lawyers argued that the matter should be before the advocates’ disciplinary committee and not the court.

The Magistrate however dismissed the preliminary objections saying that nothing was submitted to warrant accused person not to plead to charge.

The case will be mentioned on April 15 and the criminal case will be heard on 14.

KITANY NOW WANTS DCI TO INVESTIGATE SENATOR LINTURI AS DIVORCE CASE TAKE NEW TWIST.

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BY NT CORRESPONDENT.

Meru Senator Mithika Linturi and Marianne Kitany are back in court with his estranged wife asking the court to order the police to investigate him for alleged bigamy over multiple marriages.

Kitany said in the application that the Director of Criminal Investigations should commence investigations into alleged illegal practices of bigamy against the Senator for allegedly contracting multiple marriages.

But Ms Kitany said Linturi should also be investigated over alleged falsification, forgery and or faking of court documents and stamps. She further wants the court to order the Attorney General and Registrar of Marriages to produce records of all marriages contracted by Mr Linturi.

In the documents, Ms Kitany maintained that they did plan, actualize and attended a wedding ceremony at his home in Meru. She further stated that that the Senator did carry out an official customary marriage with her, as well as meeting the family, paying dowry, gifting her parents as well as carrying out all customary preconditions.

She said through lawyer Danstan Omari that Mr Linturi produced legal divorce documents to the effect that he was not a married man, before their union.

“That the defendant herein, if indeed did not have any capacity to marry, committed the criminal act of bigamy, an offence under Section 171 of the Penal Code of Kenya,” she said.

She revealed that the two met in 2013 while she was working at the Deputy President William Ruto’s office, as the Chief of Staff.

She said he had come to see Mr Ruto being a newly elected Member of Parliament for Igembe South and she was instructed to assist him with his requests.

“From around February 2014, we grew closer and we started dating during which period he would bring me flowers and visit me frequently at which time he claimed he was single and unmarried,” she said.

They later agreed that it was important for his family and himself to have all his children, who are from the different mothers who range in age 5 and 18 years to move, to move in with them.

She said that by September of 2016, all the children including the youngest were now fully her responsibility and out of it, she instantly became a mother of 6 children.

“I made each of the children and defendant feel comfortable and at home with lots of love and understanding each one of them appreciating that they all had grown up from different backgrounds,” she said.

Ms Kitany said she has collected sufficient evidence to prove that the alleged acts of forgery and fraud were all done by Mr Linturi and with heavy prejudice to her interests. “The allegations of fraud, forgery and perjury are serious criminal offences and it behooves the Honorable Court to arrest illegalities and protect the status quo, especially considering the said actions are being undertaken by a person in public office,” she said.

She introduced Linturi to her children when the schools closed at Sopa Lodge, Great Rift Valley Lodge during the Easter holiday in the year 2014 and Linturi later introduced his children to her in Nairobi around the same period after our earlier meeting with her children.

“On or around May or June 2014, we agreed to move in together to my home in Kileleshwa while he still had a home along Ngong Road and on or around August 2014 we organized for our children to travel together with our inlaws Billy and Dorothy Onyango on holiday to Zanzibar and they were to help us with bonding his  and my children. During this holiday the children spent a lot of time together which drew them very close,” state court documents.

She claims several issues began when the Defendant after sometime started drifting away from family responsibility and his personal commitment to me and the relationship and this has put a lot of strain in the relationship and family as I have had to take up responsibilities of both father and mother role to the children both emotionally and financially.

“His absenteeism escalated to a point where even his last born son Dylan who was 8 years old at the time and who lovingly called me mum, to keep asking for his father and even counted from the last time he had seen the Defendant,” adds.

Kitany further state that, these actions by the Defendant tormented the children considering to add insult upon injury, he would travel and only bring gifts for only the children he had sired.

” I confronted him on this issue of separating children who were already sensitive with the living conditions and he disappeared and stayed a long time without coming back at home,” further state.

“He had a habit of leaving the matrimonial home, switching his phone off for extensive and inexplicable periods of time and soon as he returned home, if I confronted him, the same would bring up arguments,”.

She adds that after finishing constructing and furnishing the house in Meru and Nairobi, she put all the children in good responsible schools of good value and character and took up her responsibility as a wife to reduce heavy expenses of renting a home to constructing our own home that would accommodate comfortably all the children.

She said another issue that caused our relationship strain was that his daughter did not perform well in school and was far away from home and in July 2016 had to be returned back to Kenya at the command of the Defendant who had given up on her by that time.

” I do recall that on one occasion in 2017, while we were living in rented Runda home, I had secured a very short leave from work for four days, travelled urgently to Dubai alone to secure materials for the construction materials,” says Kitany.

She said after she landed in Dubai, Linturi called her to inform her that he had found their daughter with drugs, took her to Gigiri police station and left her there, a young girl at the age of 21and proceeded to Meru to campaign, abandoning her.

“Our daughter stayed in the cells for 4 days until I returned from my trip to Dubai, where I had her released after pleading with the Defendant and the DCIO of Gigiri Police Station and she was taken to a rehabilitation center run by a friend known as Mututho  which rehab center is called John Mututho Empowerment Center also known as JOMEC,” says Kitany.

REVIEW MY 100 MILLION BAIL,LENOLKULAL URGES HIGH COURT.

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Samburu Governor Moses Kasaine Lenolkulal being removed handcuffs by a police before Milimani Anti-Corruption Court where he pleaded not guilty to corruption charges./PHOTO BY S.A.N.

BY SAM ALFAN.

Samburu Governor Moses Kasaine Lenolkulal has filed an application at the High Court seeking to review hefty bond terms granted by the a lower court.

In his certificate of urgency filed yesterday evening before High Court Anti-Corruption court, he urged the court to review a bond of Sh 150 million or cash of Sh 100 million saying the same are unreasonable bond terms imposed to him by the chief magistrate Douglas Ogoti.

The governor who spent the night in prison after failing to raise the bond terms through lawyer Paul Nyamondi says that he is aggrieved by the said bond terms which are completely outrageous and unprecedented.

“It goes against the bail and bond policy , especially that bond amount not to be excessive and should not be greater than necessary to guarantee that the accused persons will appear in court,” said the Governor.

The Governor was released on a cash bail of 100 million and option of 150 million bond after he denied several charges of corruption of loss of millions of shillings at his county government.

The magistrate impose the stiff bond terms on the governor after concurreed with the prosecution that the charges he faces are very serious.

He was also barred from accessing the office during the pendency of the trial notwithstanding the provisions of section 62(6) of ACECA.

The court further directed the director of IFMIS to suspend access rights to the 13 accused persons onto the IFMIS platform.

The governor faces charges of conspiracy to commit economic crimes and conflict of interest. However his 13 co-accused persons has since not pleaded to the charges as they are yet to be apprehended.

In the case Lenolkulal is charged alongside his Deputy governor Julius Lawrence Leseeto, county secretary Stephen Siringa Letinina, Chief County Secretary Danuel Nakuo Lenolkirina, Josephine Naamo Lenasalia, Reuben Marumben Lemunyete. Linus Milton Lenolngenje, Paul Lolmingani, Benard Ltarasi Lesurmat, Lililian Balanga , Andrew Ropilo Lanyasunya, David England Loosenge and Geofrey Barun Kitewan.

The charges against them states that between March 27 ,2013 and March 25,2019 at Maralal town within Samburu County being Governor of Samburu county conspired to commit an offence of corruption namely abuse of office leading to unlawful payment of Kshs. 84,695,996,55 to Moses Kasaine Lenolkulal oryx service station.

The Governor who was arrested on Tuesday Morning is alone accused that between March 27,2013 and March 25,2019 at Samburu County being the government County being an agent at the samburu county government as the Governor and being the sole proprietor of ORYX Service Station , he knowingly acquired a direct private interest in contracts between Oryx Service Station and Samburu County Government for supply of fuel.

Lenolkulal and Hesbon Jack Wachira Ndathi are accused that between March 27,2013 and March 25,2019 within Samburu county being the Governor od Samburu County and Private person , they unlawfully acquired public property worth Kshs. 84, 695,996.55 for the supply of fuel to Samburu County Government through Oryx Service Station.

His arrest and arraignment in court on Tuesday followed after the DPP recommended his prosecution together with his 13 co-accused persons after being satisfied that there is enough evidence to prove the charges against them.

RELIEF FOR NAIROBI COUNTY AS COUNTY SUSPENDS OF OVER SH 800 MILLION TO LAW FIRM.

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The Office of Nairobi County Government Governor Mike Sonko./PHOTO BY S.A.N.
BY SAM ALFAN.

The High Court has suspended the order compelling Nairobi County government to pay a law firm Sh847 million.

Justice Pauline Nyamweya suspended the payment of Kshs 847,887,435.97 to Samson Masaba Munikah T/A Munikah & Advocates. Another judge had directed the County Secretary and Chief Finance Officer or the county Treasury to pay the city law firm the amount after winning a case recently.

“There be stay of the execution of orders issued on February, 2019 for 10 days pending hearing of the said notice of motion inter-partes on April 9, 2019,” ordered Judge Nyamweya.

The court also suspended payments of 9,756,512.96 million arising from interests of the amount, which had accrued since July 29, 2016.

Justice John Mativo had on February 25, issued an order directing the county government to pay the law firm after he moved to court saying he had been duly instructed by defunct city council of Nairobi to act for them in a case before a magistrate in 2003.

And after conclusion of the matter, (Nairobi (city council vs The Attorney General (for the commissioner of lands), the Advocate filed a bill of costs and the parties came to an agreement.

The Nairobi County Government aggrieved by the court decision filed an application under certificate of urgency seeking to suspend the said decision.

Through Lawyer Thomas Letangule, the county argued the firm is in the process of executing the orders and recover the colossal amount.

He said the County government later discovered that there was fraud and collusion to inflate legal fee through double taxation of costs. He further said that the law firm did not disclose to the court that another taxation had been done earlier over the same matter and were paid Kshs. 60,712,373.

“A perusal of the records now reveals that the respondent (Samson Masaba Munikah T/A Munikah & Advocates) has been paid in excess of the taxed amount, having received Kshs. 65,000,000 from the applicant (Nairobi County),” says the application.

He said despite the payment, the respondent has obtained orders from court based on a second certificate of taxation that was wrongly issued out of fraud and collusion in the same matter.

“The Nairobi City County  has now moved to court for orders to set aside the subject certificate of taxation dated August 7,2012 for Kshs. 498,757,315.28 which was obtained by application of wrong principles and manifest fraud hence the urgency of this application to avert a loss of huge amounts of public money,” says the county.

The county said while granting the orders, the court observed that the subject certificate of taxation was never set aside or varied.

The county said legal fees were awarded wrongly and that the deputy registrar erred in law and principle by granting two certificates of taxation in respect of the same matter resulting in an oppressive amount that has now threatened the financial stability and functioning of the County Government in its provision of public services.

The county government said deputy registrar erred in principal by awarding a manifestly excessive amount that has now accumulated interest to the tune of Kshs. 846,887,435.97.

“The fraud was not discovered until lately when new administration had managed to get a firm grip of things that have always been done in secret by the perpetrators of the said acts of criminality,” added the county government.

The lawyer said the county government has unearthed a scheme that was used to loot public resources through fraud and collusion to inflate legal fees in an unprecedented theft of public funds and has therefore instituted a reference to set aside manifestly excessive amount that was awarded as legal fee owing to application of wrong principles by the taxing officer and fraud on the part of parties involved.

“It has taken a long time to get to the root of a well-calculated and choreographed fraudulent scheme owing to the fact that the perpetrators were in control of the county directly and through proxies and therefore the reference was not filed on time to revise or set aside the impugned certificate of tax”, added the county government.

The county government added that the first certificate of taxation dated January 16,2007 was awarded in favour of the respondent for the amount of Kshs. 60,712,373 after representing the the county council in RMCC No. 2 of 2003.

“Under unclear circumstances, the respondent moved back to court again in RMCC No. 2 of 2003 after about four years as in an afterthought and filed a second bill of costs dated May 25 ,2011 in respect of the same matter, erroneously basing the second bill of costs on the amount in the counterclaim yet the instructions the firm was given initially covered the entire suit and in any case instruction fees are always awarded for entire suit regardless of the stage and documents filed in the suit,” stated in the court documents.

The documents state that the respondent has initiated a process of execution for a colossal amount of Kshs. 847,887,435.97 despite having been paid legal fees per the certificate of taxation initially issued in the matter and the matter giving rise to the legal fees pending in court since 2003.

 
“Under unclear circumstances, the respondent moved back to court again in RMCC No. 2 of 2003 after about four years as in an afterthought and filed a second bill of costs dated May 25 ,2011 in respect of the same matter, erroneously basing the second bill of costs on the amount in the counterclaim yet the instructions the firm was given initially covered the entire suit and in any case instruction fees are always awarded for entire suit regardless of the stage and documents filed in the suit,” stated in the court documents.
 
The documents state that the respondent has initiated a process of execution for a colossal amount of Kshs. 847,887,435.97 despite having been paid legal fees per the certificate of taxation initially issued in the matter and the matter giving rise to the legal fees pending in court since 2003.

SAMBURU GOVERNOR FACING GRAFT TRIAL RELEASED ON SH 100 MILLION CASH BAIL.

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Samburu Governor Moses Kasaine Lenolkulal being removed handcuffs by a police before Milimani Anti-Corruption Court where he pleaded not guilty to corruption charges./PHOTO BY S.A.N.

BY NT CORRESPONDENT.

Samburu Governor Moses Kasaine Lenolkulal who has been charged with the the loss of funds of over Sh 87 has suffered a major blow after the court slapped him with a hefty cash bail of Sh 100 million.

In his ruling Milimani Chief magistrate dougly Ogoti concurred with the prosecution that the county boss to be grantee stiff bail terms saying that the charges he faces are very serious.

“I hereby order the accused person to be released on a Sh 150million bond or a cash bail of Sh 100 million,” ruled the magistrate.

The learned magistrate Ogoti barred the Governor from access the Samburu County government offices in Maralal town.

The governor denied several charges of conspiracy to commit economic crimes and conflict of interest. However his 13 co-accused persons did not plead to the charges as they are yet to be apprehended.

In the case Lenolkulal is charged alongside his Deputy governor Julius Lawrence Leseeto, county secretary Stephen Siringa Letinina, Chief County Secretary Danuel Nakuo Lenolkirina, Josephine Naamo Lenasalia, Reuben Marumben Lemunyete. Linus Milton Lenolngenje, Paul Lolmingani, Benard Ltarasi Lesurmat, Lililian Balanga , Andrew Ropilo Lanyasunya, David England Loosenge and Geofrey Barun Kitewan.

The charges against them states that between March 27 ,2013 and March 25,2019 at Maralal town within Samburu County being Governor of Samburu county conspired to commit an offence of corruption namely abuse of office leading to unlawful payment of Kshs. 84,695,996,55 to Moses Kasaine Lenolkulal oryx service station.

The Director of Public Prosecution through his assistant Alexander Muteti urged the court to order Samburu Governor Kasaine to stay away from office for 24 months.

He said the Governor is facing serious charges and prosecution will call witnesses who work at his office.

Muteti, he applied the court to order director of treasury IFMIS to block all the accused persons in the case from accessing it.

However the court has directed the DPP to file a formal application on the issues.

The Governor who was arrested on Tuesday Morning is alone accused that between March 27,2013 and March 25,2019 at Samburu County being the government County being an agent at the samburu county government as the Governor and being the sole proprietor of ORYX Service Station , he knowingly acquired a direct private interest in contracts between Oryx Service Station and Samburu County Government for supply of fuel.

Lenolkulal and Hesbon Jack Wachira Ndathi are accused that between March 27,2013 and March 25,2019 within Samburu county being the Governor od Samburu County and Private person , they unlawfully acquired public property worth Kshs. 84, 695,996.55 for the supply of fuel to Samburu County Government through Oryx Service Station.

His arrest and arraignment in court followed after the DPP recommended his prosecution together with his 13 co-accused persons after satisfied he has enough evidence to prove the charges against him.

COURT FREEZE’S ACCOUNTS OVER 106 MILLION COMPENSATION PAYMENT BY NLC FOR SOUTHERN BYPASS EXPANSION.

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Ardhi House home of National Land Commission and Ministry of Lands.
BY SAM ALFAN.

High court has issued orders freezing bank accounts belonging two people and a company for a period of six months pending investigations into allegations over alleged illicit payment of over 106 million made by National Land Commission for compensation for acquisitions of land for expansion of Mombasa southern bypass Kipevu road.

Justice Mumbi Ngugi of High Court Anti-Corruption Division issued orders after Ethics and Anti-corruption Commission filed application under certificate of urgency seeking to prohibit the three namely Asia Akhtar Nazir Ahmed, Tarah Begum Khan and Tornado Carriers Limited, from withdrawing or dealing with said money held At NIC Bank.

“A preservation order is hereby issued prohibiting the respondents (Tornado Carriers Limited, Asia Akhtar Nazir Ahmed and Tarah Begum Khan) jointly and severally, their agents, servants or any other persons from withdrawing , transferring, disposing or in any other way dealing with the funds held in the bank accounts at NIC Bank in the name of Asia Akhtar Nazir Ahmed and in the name of Tarah Begun Khan “, ordered Justice Ngugi.

The learned judge further directed that the said orders shall subsist for a period of six months. She also n certified urgent the application and the commission was ordered to serve the parties.

The orders were issued after the commission filed an application seeking to prohibit the three from withdrawing or dealing with said money pending investigations into allegations of corruption and economic crimes over alleged illicit payment made by National Land Commission in return to facilitate irregular compensation for acquisitions of land for expansion of roads and construction of by- pass on behalf of the Kenya National Highways Authority (KENHA).

According to documents filed in court, preliminary investigations have established that the National Land Commission compulsorily acquired LR. NO MN/VI/3801 and made an award for Sh 109, 769, 363 in favour of the registered owner, M/s Tornado Carriers Limited.

The said award of Sh 109,769,363 was paid in two bank accounts. Tornado Carriers Limited received Sh 55,269,363 in its SBM Bank account while the reminder Sh 54,500,000 was paid to C.W. Chege Advocates and subsequently , the amount deposited in Tornado Carriers Limited account which was later moved to two accounts at NIC Bank in the name of Asia Akhtar Nazir Ahmed at NIC Bank in the name of Tarah Begum Khan.

EACC claims that the amount deposited in C.W Chege Advocates account was distributed or disbursed to officials of the National Land Commission.

The commission has established that the officials of the NLC that are in receipt of the funds disbursed from C.W. Chege Advocates account are, Sh 900,000 to Director valuation and Taxation NLC Salome Ludenyi Munubi, Sh 7 million to Deputy Director, valuation and Taxation NLC , another Sh 7 million to Ag. Director Finance Bernard Cherutich and Sh 3,020,000 to Secretary valuation and Taxation directorate Lilian Keverenge.

“There is reasonable suspicion , in view of the kickbacks to the officials of NLC that the award of 109,769,363 million was vastly inflated and the commission is in pursuit to unearth the circumstances surrounding the award.

The commission said that the preliminary investigations have established that the LR. No. MN/VI/3801, subject matter of the acquisition was vide a charge dated June 30,2005 to Imperial Bank Limited for Sh 9,500,000 and therefore the bank by virtue of section 107(7) of the Land Axt ,2012 has an interest over the parcel of land.

It was further established that the said land has been consolidated with another parcels LR.No. MN/VI+/2364 all belonging to Tornado Carriers Limited and used as security for several financing facilities from Imperial Bank.

” It is established that as at December 31,2018, Tornado Carriers Limited is indebted to the bank to the tune of 137,271828.71,” reads the court documents.

“Preliminary investigations have established that NLC abdicated its duty under section 112 of the Land Act ,2012 to serve a copy of notice of enquiry upon Imperial Bank inviting to present its claim over the subject parcel of land,” said EACC.

The commission on behalf of KENHA acquired the parcel of land that is encumbered thereby exposing the Government to grave risk of loss of public funds and in the likely event there is default, the government will be forced to offset the loab facilities or incur costs as a result of litigation in securing an unencumbered title.

Investigations by the commission has established that the Sh 109,769,363 was paid out by the NLC without securing an unencumbered title thereby putting the government at risk of substantial loss.

It has been established that half of the amount was paid back as kickbacks to the NLC officials thereby occasioning loss of public funds.

EACC says that it is apprehensive that respondents in the light of ongoing investigations may in the interfere, withdraw, transfer, dispose or any other deal with the funds in the aforesaid accounts to defeat the course of justice before the commission has complete its investigations and commence recovery proceedings.

In supporting affidavit by the agency investigating officer Catherine Ngari said NLC failed to carry out an official search at the land’s registry to ascertain the current status of the LR.No. MN/VI/3801 and if it carried the search, it blatantly neglected to safeguard the public interest by ensuring that there is discharge of the encumbrance on the subject parcel to secure a good title for KENHA.