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PROCEED WITH YOUR FULL GRAFT TRIAL, COURT TELLS KIDERO.

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Former Nairobi Governor Evans Kidero.

BY NT CORRESPONDENT.

Former Nairobi Governor Evans Kidero
is properly charged before the Anti-corruption court.

This is after trial magistrate Douglas Ogoti dismissed claims by former Governor that the Sh213 million corruption charges against him are defective.

In his ruling the magistrate said that all charges as preferred against him and 10 others meet the threshold of the law in criminal pleadings, procedure and practice.

He further said that there are no good reasons that were placed before the court to enable it to interfere with the charges.

“Accordingly the two applications are hereby disallowed and dismissed. The case to proceed as scheduled at the next hearing ,” ordered Ogoti.

The magistrate said that having listened to all parties and against the applications, court found that it has not been given sufficient authority either by way of precedent or or otherwise to give it the necessary authority or powers to discharge Kidero or any other accused from the trial.

Kidero and ten others were last year charged with conspiring to commit fraud which led to the loss of Sh213,327,300 at the county government between January 16, 2014, and January 25, 2016.

Former governor had filed an application claiming the charge sheet was defective.

Through his lawyer James Orengo, Kidero argued that count one relates to an offence that does not exist in law. He also said the particulars in the charge sheet did not disclose an offence.

He wanted the court to order that the offences of dealing with the suspect property as set out in counts two and three of the charge sheet be separated from the others and he be tried separately.

On Monday, Ogoti concluded that the charge sheet was not defective but disclosed a complete offence.

He also said he found no good reasons to order for separate trials as requested by Kidero. In arriving at the ruling, the court considered undesirability of duplicating proceedings, extra expenses, inconveniences and whether it will cause prejudice.

Kidero had also claimed the term fraud is not defined in the Anti-Corruption and Economics Crimes Act (ACECA) whereas the term corruption is defined.

But the magistrate said the fact that the term ‘fraud’ on its own is not defined in ACECA is not a ground to dismiss a charge of corruption as the fraud itself forms part of the charge of corruption.

“The term fraud is well defined in our law and lack of its specific definition in ACECA cannot and does not vitiate a charge of corruption,” he said.

The court also dismissed an application by Kidero’s co-accused John Githua and Grace Njeri of Lodwar Wholesalers and Ngurumani Traders Limited.

The two challenged their prosecution on grounds that there was a tax dispute pending at the Tax Appeal Tribunal (TAT) which was initiated before the decision to have them charged.

 

WIN FOR LAW STUDENT AS. COURT ORDERS KSL TO ALLOW HER SIT FOR BAR EXAMS UNCONDITIONALLY.

By Nairobi Times -
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Council of Legal Education.

BY SAM ALFAN.

Council of Legal Education have been ordered to register and allow law degree student from Catholic University to sit her bar exams without any conditions.

Justice Chacha Mwita ordered the institution to allow Joan Wambui Kimani to sit for the exams.

The Judge faulted Kenya school of law saying the action contravened Wambui’s rights to fair administrative action and fair hearing guaranteed by the constitution.

In the decision, the Judge said CLE has no mandate to determine eligibility of admission to Advocate Training Programme at the KSL and therefore cannot second guess the latter’s mandate in admitting persons to that Programme.

The court further awarded Wambui Ksh200,000 damages for violation of her rights and fundamental freedoms after she was barred from sitting for the examination.

Wambui filed a petition against the Kenya School of Law, Council of Legal Education and The Attorney General claiming that on December 7,2017, she was admitted to Advocates Training Programme upon submitting her original documents.
She was registered as a student in January 2018 and undertook the training programme.

But later, KSL threatened to deregister her from sitting for the exams.

She moved to court seeking to quash the decision, pending the determination of the case.

She sought for an order to be issued with an exam card and be allowed to sit for her ATP exams that is scheduled for November 15, 2019.

“An order requiring the 1st and 2nd respondents to compensate the petitioner for the violation for her constitutional rights to be treated with inherent dignity, freedom from discrimination, violations of the right to education and unfair treatment in such sum and or amount that shall be assessed by the court,” argued Wambui.

She then registered for the Bar examination to be taken in November 2018 and this was after she submitted all her documents except the original KCSE certificate which had been misplaced.

Wambui added that she was informed by the CLE officers that she needed the original KCSE certificate to register for the bar examination and she applied for a certified copy from the Kenya National Examination Council (KNEC) and gave the CLE a receipt to confirm that the certificate would be sent through their postal address.

“On the October 19,2018, Wambui received an email from the CLE confirming that she had been registered for the bar examination. However, on November 17, 2018, the petitioner received another email from the CLE stating that they had not received a statement of her examination results from the KNEC although the same had in fact been sent to the CLE postal address,” State the court judgment.

Wambui submitted that the CLE informed her that they would contact her to go for her exam card which did not happen. On November 13, 2018, CLE informed her that she would not be sitting for her bar examination due on November 15, 2018.

She contended that the CLE decision to bar her from sitting for the examination was irrational, unreasonable, capricious, discriminatory and unfair and violated her constitutional rights including the right to be heard among other rights and fundamental freedoms She therefore relies on various Article.

SAMBURU GOVERNOR WILL NOT ACCESS HIS BANK ACCOUNTS, COURT ORDERS.

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Samburu Governor Moses Kasaine Lenolkulai who has been restrained from withdrawing or transferring money in his four bank accounts.

BY SAM ALFAN.

Samburu Governor Moses Kasaine Lenolkulai has been barred from transferring or withdrawing monies held in his four bank accounts at Kenya Commercial Bank(KCB) pending probe over suspected fraud of Sh 1.6billion.

High Court Anti-Corruption Judge John Onyiego issued the orders after Ethics and Anti-Corruption Commission(EACC) filed an application seeking to stop the Governor from withdrawing millions of Shillings pending conclusion of investigation or institution of recovery proceedings of the same.

“An order of prohibition is hereby issued prohibiting Moses Kasaine Lenolkulai and Oryx Service Station by themselves, their agents ,servants or any other persons from withdrawing, transferring or in any other manner dealing with the funds in four accounts held at Kenya Commercial Bank Limited pending conclusion of investigation or institution of recovery proceedings,” ordered Justice Onyiego.

The court sitting at Panari Resort Nyahururu during high court annual judges conference ordered the orders shall subsist for a period of six months.

EACC was directed to serve the application to the Governor and his petrol Station Oryx Service station within seven days.

The Watchdog agency filed in court a certificate of urgency seeking to prohibit Governor Lenolkulai and a petrol station from withdrawing or transferring pending investigations into alleged of embezzlement of shillings 1.6 billion between January 1, 2013 and December 31,2018 by Samburu County Government officials and contractors.

EACC says preliminary investigations have revealed Lenolkulai through his Oryx Service Station in the period 2013 to 2018 received a sum in excess of Sh 80,763,715.35 being payment by the Samburu County government for purported supply of diesel or petrol.

“An analyse of the flow of funds between the The agency established Lenolkulai bank accounts reveal that public funds were received into the governor owned petrol station bank accounts from the Samburu County Government and withdrawn or transferred to the Governor bank accounts between the year January 2013 and December 2018,” said EACC.

Documents filed in court show that the commission established Lenolkulai owned petrol station Oryx Service station was awarded a contract to supply diesel or petrol to the county government of Samburu for the period 2014 to 2019.

EACC says that it has received allegations that senior officials from the Governor’s government received bribes to the tune of 86 million from several contractors and suppliers in order to influence award of tenders in their favor or to facilitate payment to the said contractors.

It is alleged that public officers in the Samburu County Government in complete violation of their fiduciary positions and in conflict of their personal and public interest have been trading with the county government through their companies or in collusion with private contractors.

According to the papers, the officials of the Samburu county government are engaged in a fraudulent scheme to embezzle public funds through inflated or fictitious procurement contracts and the said public officers , their associate or private contractors have accumulated substantial illicit wealth.

The commission informed the court that it is conducting investigation the period between 2013 and 2018 where several companies that tendered were awarded high value contracts by Samburu County Government to provide goods and services which are associated with or owned by employees of the county government resulting to conflict of interest and loss of public funds amounting to Sh 673 million which was paid through the said companies.

“The governor, being a public officer under the definition of the public officer ethics act, in complete violation of his position an in conflict of his personal and public interest has been trading with the county government through his company,” said the commission.

The agency added that investigations have revealed that the Governor through his company in the period 2013-2019 received Sh 80,763,715,35 being payment by the county government of samburu for the supply of petrol or diesel.

Investigation have also revealed that the Governor on July 8,2015 purchased properties in Karen worth 15 million each which the commission has obtained orders for their preservation for a period of six months. The said property are LR NO2259/744, LR NO. 2259/745, LR NO. 2259/749 and LR NO. 2259/750 all located in Karen Nairobi.

Joel Khisa a forensic investigator filed a supporting affidavit saying the agency needed more time since the 21 days order for search warrant issued by magistrate court to allow them investigate the four accounts pending filing this application in the high court had lapsed and they required more time to complete the investigation.

Khisia added that the investigations by the commission are likely to take some time given the time period for investigation is being carried on the colossal amount of assets and funds involved, the multiplicity of transactions and the possible numerous illegal acts or offences involved.

“It is therefore necessary to preserve or freeze the money in the subject bank accounts for a period of six months pending conclusion of investigations and institution of recovery proceedings,” said Khisia.

EACC suspects the money used to purchase the said property by the Governor and accumulate substantial property or illicit wealth which is amenable for forfeiture to the state.

The Governor has unexplained assets disproportionate to his known legitimate source of income.

EACC says if the orders were not issued they fear the Governor may transfer, withdraw or in anyway deal with money and properties to defeat the course of justice before the commission has completed its investigations and commence civil proceedings.

TWO INDIAN IN COURT.

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Two Indian nationals Vinesh Manji alias Vipul Murji Patel and Purshottam Manji Vekariya before Milimani Magistrate Court where they pleaded not guilty in engaging in unlawful employment with

BY NT REPORTER.

Two Indian nationals have been charged with engaging in employment illegally

Vinesh Manji alias Vipul Murji Patel and Purshottam Manji Vekariya appeared before Milimani Senior Magistrate Peter Ooko and denied the charge.

They are accused that on March 20,2019 at Kutch International Limited, Mellow heights in Ngara being Indian nationals they were found engaging in employment as a hardware salesman with Kutch International Limited without being authorized to do so by a pass or permit.

They were released on a cash bail of 100,000 and the case was fixed for hearing on April 30 for hearing .

GAKUYO MOVES TO COURT TO FORESTALL PROSECUTION AND IMMINENT ARREST.

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Televangelist David Kariuki Ngare alias Gakuyo with his lawyer Danstan Omari speaking to the media outside Directorate of Criminal Investigations Headquarters. 

BY SAM ALFAN.

Televangelist David Kariuki Ngare alias Gakuyo has moved to court to stop the police from arresting him over alleged loss of Sh1.5 billion.

In a case filed under certificate of a urgency Through lawyer Danstan Omari and James Mamboleo, Gakuyo wants seeks protection from court to temporarily stop Interior Cabinet Secretary Fred Matiang’i and Directorate of Criminal Investigations boss George Kinoti from arresting him over alleged loss of funds at troubled Ekeza Sacco.

Gakuyo, who is accused of allegedly embezzling over Sh 1.5 billion from the Sacco wants the court to bar the police from arresting him, conducting any investigations and commencing criminal charges against him.

“The court does issue conservatory orders restraining interior CS Matiang’i and Inspector General of police from arresting or to continue any criminal charges or instituting fresh charges or investigations against Ekeza Sacco ,Gakuyo Real estate and Gakuo Investments clubman based on the management of the petitioner or officers of the said companies, ” said Lawyer Omari.

He further seeks conservatory orders pending hearing and determination of the petition prohibiting Police from investigating ,recording statements, arresting, maintenance or continues of any criminal proceedings.

He claimed on March 6, this year interior Cabinet secretary Fred Matiangi during to police address at police savings and credit society at police sacco plaza directed the inspector general to investigate and charge him and other officials of Ekeza Sacco and charge them.

He claims Matiangi directives is against the law.

“The petitioner was extremely worried and concerned by the directions given by the CS to inspector general and decided to surrender himself forthwith to the office of the director of Criminal Investigation,” he claims.

He claims the manner in which the police is conducting the investigations suggests that he lacks independence and therefore impartiality, that evidence being sought publicly by the DCI by public appeal will prejudice him and is in contravention of bill of rights.

“I believe that CS Matiang’i is unconstitutionally interfering with police independence in investigating and directing them to arrest and prosecute me before magistrates,” he claimed.

He added that the investigations being carried by police must demonstrate that he is acting independently in the interest of pursuing criminal justice and is not witch hunting or acting under public pressure or under Matiangi directives.

Gakuyo says that he went to DCI alongside his lawyers after the CS called for his arrest and he was told that there were no complaints against him.

However, a day later he saw that DCI asking members of the public who lost money at Ekeza to appear at their headquarters and record statements.

WOMAN IN COURT OVER EXPENSIVE PHONE THEFT.

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Heather Beth Nyambura before Milimani Senior Magistrate Peter ooko and pleaded not guilty to the charge of stealing a Mobile phone./PHOTO BY S.A.N

BY NT REPORTER.

A woman has been charged in Nairobi court with stealing a mobile phone worth sh 95,000.

Heather Beth Nyambura appeared before Milimani Senior Magistrate Peter ooko and pleaded not guilty to the charge.

She is accused that on December 7,2018 at around 04:30hrs at BIHI towers along Moi avenue in Nairobi county stole Samsung mobile worth Sh 95,000 the property of Khadija Ibrahim Abass.

She was released on a cash bail of 50,000 and hearing was fixed for 30 of April.

Khadija and two police officers are listed as state witnesses in the case.

GAKUO WANTS SUIT BY SACCO MEMBERS STRUCK OUT.

By Nairobi Times -
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Ekeza Sacco lawyer Danstan Omari outside Milimani Law Court./PHOTO BY S.A.N.

BY SAM ALFAN.

Televangelist David Kariuki Ngare, popularly known as Gakuyo has filed an application seeking to strike out a suit by eleven members who oppose installation of a new management committee at troubled Ekeza Sacco.

In objections filed through lawyer Danstan Omari and Mamboleo James, Gakuyo termed the entire suit as frivolous , vexatious and abuse of court process. He further states that the suit has been overtaken by events.

In the application Gakuyo is opposing an application filed two weeks ago by 11 members of the Sacco, who moved to court seeking to stop the Commissioner of Co-operative Development from interfering with the management of their Sacco.

According to the court papers, the bishop says that the court lacks jurisdiction to entertain the suit and the application as the same ought to be heard by cooperative tribunal as required by the law.

“The entire suit is incurably and faulty flawed as the dispute ought to be determined under the mandatory provisions of section 77 of the cooperatives societies Act Cap490 of law of Kenya,” said the Sacco through lawyer Omari.

Lawyer Omari says that due to the foregoing grounds, the suit cannot be sustained and ought to be struck out with costs in the Sacco’s favor.

The eleven members of the Sacco include vice chairman Samuel Macharia, Godfrey Gichuhi,

Moses Njoroge, Mary Wanjeri, Hannah Mugure, Geoffrey Maina, Linus Nduati, George Joseph Njoroge, Joseph Irungu, Frederick Muthuria and Simon Kagoni.

In the case Milimani commercial court has since issued temporarily barred the commissioner of Cooperatives Development Mary Mungai from removing management committee members namely removing management committee members namely Chairman Gakuyo, Vice Chairman James Kimani Wanjuu, Member Lydia Nyaguthii , secretary Anne Bombua, Treasurer Mark Nyagah, Supervisory committee chair Samuel Mwaura Kariuki , Supervisory committee Grace Wanjiru Muthari and Supervisory committee Josephat Gathege Kariuki pending the hearing and determination of the application before court.

They argued that if the court does not intervene on an urgent basis the affairs of the Ekeza Sacco shall be liable to neglect, plunder and wastage which shall diminish and obliterate the value of the members’ investment.

The Saccos members claims that Ekeza management is about to be overthrown by the commissioner of society leaving its affairs in an uncertain state open to loss, plunder and at the mercy of the vagaries of neglect.

“On February 5, 2019 , the management committee of commissioner of society at direction of the Ekeza sacco issued a notice convincing a special general meeting on February 21,2019 to be held at Kasarani sports center at ,10:00 am whose agenda was the presentation of the inquiry report,” says lawyer Omari.

They further said that enquiry report was not at the special general meetings at all and the proceedings of the special general meeting ignored the agenda of removal of the validly and without basis delved into extraneous matters.

Lawyer Omari further told the court that the special general meetings was misguided by officers of the Ekeza Sacco into conducting election or appointment of an interim management committee conspiring Nairobi region Chairman Charles Macharia Mage,Nyeri region vice chairman Sammy Macharia , Nakuru region Stephen Ndung’u Thou, Treasurer Peter Njuguna and Committee member James Warutere Mwangi.

They claimed that the commissioner actions violated basic natural rights of the management committee members and it’s members.

“The defedant, in spite of several requests by the plaintiffs, has neglected or refused to release a report on the findings of the inquiry the defedant launched into the activities of David Kariuki Ngari,” said the committee management members.

The commissioner illegal actions will expose the Ekeza Sacco Society Limited and David Kariuki Ngari to irreparable damages.

They added the wholesale removal of management committee members and without justification expose the sacco to loss of institutional memory and continuity in the running of the affairs of the sacco.

They added that commissioner actions were punctuated with irrationality and fixated on arriving at a predetermined objective of grabbing the affairs of the Ekeza sacco from the lawfully elected management committee.

TWO UGANDANS JAILED AFTER FAILING TO SETTLE HOTEL BILL IN NAIROBI.

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Engineer Sebowa Kiboigo(in blue) and his nephew Mathias Magemeso before a Nairobi Court where they pleaded guilty to the charges of failing to pay hotel bill. /PHOTO BY S.A.N

BY NT CORRESPONDENT.

Two Ugandan claiming to be a chemical engineer and his nephew have been jailed for six months each after pleading guilty to a charge of failing to pay a bill of more than Sh26,000.

The two failed to pay their hotel bills after being accommodated for three days.

Alternatively, the court ordered engineer Sebowa Kiboigo and his nephew Mathias Magemeso to pay a fine of Sh200,000 each.

The two admitted the charge after they appeared before senior principal Magistrate Peter Ooko.

“You are convicted on your own plea of guilty and are hereby jailed for six months or pay a fine of 20,000 each and upon fine payments or serving sentence you shall be repatriated back to your country,” ordered Magistrate Ooko.

The two are accused that on March 9,10 and 19 they checked in at Kenya Comfort Hotel in Nairobi, and obtained a credit of Ksh26,900.

https://youtu.be/tCIiNgP-MAU

.

The two allegedly pretended that they had Ugandan currency and needed time to change it into Kenya shillings.

The witty Kiboigo told the court that he is a chemical engineer who studied in United States.

FLASHY ‘BUSINESSMAN’ IN COURT OVER THREATS TO KILL GUARD.

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Kevin Obia before Milimani Senior Magistrate Peter Ooko where he denied the charge of threatening to kill a security guard.PHOTO BY S.A.N.

BY NT CORRESPONDENT.

A flamboyant ‘businessman’ has been charged before a Nairobi court with threatening to kill a security guard.

Kevin Obia appeared before Milimani Senior Magistrate Peter Ooko where he denied the charge of threatening to kill levelled a giant him by the state.

He is accused that on March 16,this year at Vue Claire Place along Siaya road in Kileleshwa armed with pistol without lawful excuse threatened to kill security guard Yohana Imbwaka.

Prosecution said that Obia on the same day this Month in Kileleshwa while carrying a firearm make Sig Saucer became disorderly by removing the firearm pointing it to Yohana Imbwaka a security guard at the said place.

It is alleged that on Saturday 16 this month Yohana who is security guard with Rapid security was threatened by the said businessman.

Obia was arrested on Monday, March 18 after the CCTV video went viral showing him brandishing the gun to the said security guard.

The CCTV footage shows him in company of three unknown men who exchange heated verbal exchange with the security guard.

One of them throws a bottle to the security guard before the accused brandished his gun. The police have already confiscated the gun.

His lawyer, asked the court to grant him reasonable cash bail saying that the accused has been very cooperative with the investigators.

The court heard that Obia had been released with a police cash bail of sh 10,000.

However, the magistrate ordered the accused to be released on a cash bail of 500,000 and a bond of Sh 1 million.

The case will be heard on April 30 and mentioned on April 4.

FOUR SUSPECTS IN BARCLAYS BANK FAKE DOLLARS DETAINED FOR A WEEK.

By Nairobi Times -
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Former Ragwe constituency aspirant Erick Adede, Ahmed Shah, Irene Wairimu Kimani and Elizabeth Muthoni before a Nairobi court.

BY NT CORRESPONDENT.

A Nairobi Court has allowed police to continual detaining four suspects arrested with alleged fake Sh 2 billion dollars at Barclays Bank Queens Way branch for five days to enable them complete the probe in the matter.

This is after investigating officers in the case corporal Daniel Ptaalam filed an application seeking to detain four suspects namely former Ragwe constituency aspirant Erick Adede, Ahmed Shah, Irene Wairimu Kimani and Elizabeth Muthoni for 10 days to conclude investigations.

While making their application before Milimani Senior Resident Magistrate Zainabu Abdul, the police said the investigations in the matter is still on going and they need more time to complete the same.

The court heard that Police need more time to establish from the document examiner the authenticity of the paper intended to resemble and pass as currency notes in dollas that was recovered from the said bank.

According the the officers the investigating team further wants to confirm from the Barclays Bank Queen way branch whether the respondents holds an account with them.

Police also said that they want to confirm whether the respondents deposited in a personal safe custody various items at the same bank.

They also want to establish from the bank the normal procedure of deposing personal safe boxes in their safe rooms.

The investigation officer further wants to probe if the suspects have other accomplices who are still at large and the suspects are to assist in the arrest of the said suspects.

The court heard that the police has received several complaints of cases of being in possession of papers intended to resemble and pass as currency notes and that are yet to contact the complainants of the reported case in order to conduct a identification parade.

Ptaalam informed the court that the suspects were arrested on March 19,2019 and booked at Kileleshwa police station before they were arraigned in court.

The court heard that the police needed to confirm whether the US dollars 20.9 million nabbed on Tuesday was real or fake and Central Bank is to be involved.

Further the court heard that the police also confiscated what appears to be gold and which needed verification.

Defence lawyers led Sam Nyaberi said they were not opposed to the application but the court should release them on bail and direct them to be appearing before the police.

He said there was nothing to show that they were a flight risk or had interfered with investigations.

Lawyer Nyaberi further told the court that the police accompanied each of the suspects to their home where they conducted search hence they know where each of them lives.

He also said Adede is a well known person, having contested the Rangwe parliamentary seat in 2017.

The case will be mentioned on March 26 for further directions.

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