Blog Page 247

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

By Nairobi Times -
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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

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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.

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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.

LINTURI , KITANY PROPERTY ROW ESCALATES.

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Maryanne Kitany with lawyer Danstan Omari.
BY SAM ALFAN.
 

Property dispute between Meru Senator Mithika Linturi and his estranged wife Marianne Kitany took a new twist when two of his children filed an application seeking to stop him from taking loans using a property they co-own.

In the application, Arnold Kipkurui, the director Noniko holdings Limited together with shareholder Rhoda Kitany wants an injunction issued against Atticon a company associated with Linturi.

In the application, the two want an injunction restraining Atticon Limited, Linturi and Family Bank Limited from using a parcel of land in Kileleshwa or another property in Nyari.

The two argued that Linturi and his company had previously used the properties to secure a loan of Sh11,250,000 in June 2017.

Further, they claim that Linturi took another loan of Sh26.2 million using the Nyari property on June 26, 2017, using the title as security.

“Pending the hearing and determination of the instant application, court be pleased to grant a temporary injunction restraining the defendants Atticon Limited, Mithika Linturi, Emily Nkirote Buantai and Family Bank limited from registering and or causing to be registered any or any other or further charge, mortgage, entry and or encumbrance whatsoever in the register of lands,” reads part of the application.

They are further seeking a temporary injunction restraining Linturi and his companies from registering any or any other charge, mortgage or interfering with the property, pending the hearing and determination of the case.

In the documents filed in court through lawyer Danstan Omari, Naniko Holdings Limited says it is the registered proprietor of the properties and have never been requested to execute, registered or caused to be executed any legal charge over the parcels.

They said that around December 2018, they discovered that the lease to the suit premises as well as title deed were missing only to learn two months later that it had been charged to Family Bank to secure the two loans.

“The impugned legal charges over the suit premises and the suit property had apparently been to enter into lending agreements and to extend loans, advances and or credit facilities by Atticon limited at the behest of the Mithika Linturi and his daughter Nkironte without informing and or involving Naniko Holdings and it directors as is by law required,” state the documents.

They have disowned the transactions adding the matter is being investigated by the Directorate of Criminal Investigations, Central Bank of Kenya and the Banking Fraud Investigating Unit.

“The purported legal charges and or encumbrances over the suit premises and the suit property are a product of fraud, fraudulent misrepresentation and outright illegality and the subsistence of the impugned transactions violate the plaintiffs’ indefeasible and inalienable property rights,” Kipkurui stated in a sworn statement.

He said the move had deprived them of unfettered right and freedom to use their proprietary rights over the premises and the suit property. He accused Linturi and his company of causing the irreparable injury.

Kipkurui accused Atticon, Linturi and Nkironte have with impunity continued to request for and have been granted by the Family Bank loans, overdrafts, advances and or credit facilities through fraudulent misrepresentation.

He alleged that the lie to the Bank that they consented the guarantee yet they have never been informed of the same.

They state in the court papers that unless restrained, Linturi, his daughter or his company will continue with their unlawful activities of violating their property rights.

“This court has a duty and responsibility to expeditiously stop an illegality such as is being perpetuated on the plaintiff’s suit property and or premises,” he added.

They want the court to restrain them from extending what they termed as sham lending using the properties.

TYCOON MOHAN GALOT CHARGED WITH FORGERIES OVER MANAGEMENT OF MULTI BILLION EMPIRE.

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Businessman Mohan Galot before Milimani Senior Principal Magistrate Peter Ooko and denied nine counts of making a document without authority and giving false information to person employed in a public office on Monday March 18,2019. PHOTO BY S.A.N.

BY NT CORRESPONDENT.

A Nairobi tycoon Mohan Galot has been charged before a Nairobi court with several criminal charges relating to the control of Multi billion Shilling businesses.

The businessman appeared before Milimani Senior Principal Magistrate Peter Ooko and denied nine counts of making a document without authority, uttering a false document and giving false information to person employed in a public office.

Galot was charged after High Court judge Luka Kimaru directed the case before trial court commence immediately.

The charges against him states that on January 18,2002 at unknown place with intent to defraud and without lawful authority made a false documents namely notification of change of directors and secretaries of King Woollen Mills Limited Company purporting it to be genuine document made by the directors of King Woollen Mills Limited.

Galot is further accused that on the same day January 2002 at Sheria House Registrar of companies office in Nairobi knowingly uttered a false document namely notification of change of directors and secretaries of King Woollen Mills Limited company dated January 18,2002 to the registrar of companies.

Prosecution further accused the tycoon that on March 28,2002 at Sheria house registrar office of companies knowingly gave false information to Registrar of Companies a notification of the companies change of directors and secretaries of the above company dated January 18,2002 to the effect that the accused nephew Pravin Galot and Rajesh Galot being directors of the said company had resigned as directors on January 4,2001 a fact he knew to be false.

Galot also faced another charge on or about May 18,2007 at unknown place with intent to defraud and without lawful authority made a false document namely Annual Return for the year 2006 of King Woolen Mills Limited Company number 21676 purporting it to be genuine document made by the Directors of King Woolen Mills Limited.

“A plea of not guilty has been entered against the accused person and i direct the accused to be released on earlier bond terms of Sh 1 million or a cash Bail of Sh 500,000 granted on May 23,2015 when he first pleaded to the charges,’ ruled the magistrate.

The charges against Galot were reinstated by the High court after the lower court had terminated three cases of forgeries after the charges were found to be defective.

Mohan has two other case which are pending in another court where he is charged together with his wife Santosh Galot.

They were earlier acquitted by former Milimani Chief magistrate Daniel Ogembo who has since been appointed as a High Court Judge following application by their lawyer Kiraithe Wandungi saying the charges were not properly drawn since there is no complainant.

Ogembo in his ruling noted that the battle for the control of the Galot Group of Companies has serious legal differences with several applications pending in court.

The family has fallen out over the ownership and control of the Multi billion Shilling businesses, which include Kings Wollen Mills, Manchester outfitters limited and London Distillers where several cases are still pending in the court.

Earlier the couple had informed the court that Pravin Galot nephew to them is not a director or shareholder of companies namely Galot industries limited and Kings Woolen Mills Limited.

The two other cases against Mohan Galot and his wife has since been suspended pending the outcome of the High Court applications.

Ooko fixed the April 18 as pretrial conferencing of the matter and the June 26 as the hearing date.

DPP AGAINST RELEASE OF SUSPECTS IN TERRORISM CHARGES.

By Nairobi Times -
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Terror suspects Unknown alias More Abdillahi Ali, Hussein Mohammed Abdille and Mohamed Sheikh Hassan denied eleven terrorism related charges before a Nairobi Chief Magistrate Francis Andayi.

BY NT CORRESPONDENT.

The Director of Public Prosecution has opposed the released of three suspect charged with with conspiring to carry out a terrorist attack at Dusit D2 complex in January on bail pending hearing and determination of the case.

This is after three accused namely Unknown alias More Abdillahi Ali, Hussein Mohammed Abdille and Mohamed Sheikh Hassan denied eleven terrorism related charges before a Nairobi Chief Magistrate Francis Andayi.

Through affidavit filed in court by Inspector Abdishakur Adan of Anti-Terrorism Police Unit, argued that the activities of the accused and their associates pose a great risk to the National Security and security of the entire peace loving human race and should remain custody pending hearing and conclusion of the case.

The officer informed the court that said the accused persons are facing very serious offence which attract very stiff penalties while found guilty of the said offences.

“Due to the nature of the accused involvement in the planning of terror attack , show that they posses the capacity to interfere with investigation, arrest of their associate, plan more attacks , interfere with possible witnesses , obstruct investigations and should remain in custody,” Said Inspector Adan.

Prosecution claims that if the two are released on bail they will absconded court jurisdiction and interfere with possible key witnesses who will testify in the case.

Adan said third accused person was in constant communication with owner a number that facilitated the escape of the Violet Kimunto wife to slain terror suspect Ali Salim Gichunge to travel from Mandera to somalia and he received a luggage belonging to Violet Kimunto from Ali Salim Gichunge on January 21 this year.

An independent age assessment is to be done for the second accused persons.

The trio are accused that on or before November 22,2018 in Mandera county jointly with others not before court and others before court they conspired to carry out a terrorist act at Dusit D2 hotel complex.

Unknown alias More Abdillahi Ali was alone charged that on or before December 14,2017 at Interest Bus Africa office in Nairobi jointly with others not before court , purchased an internet namely VSAT having reasonable ground to believe that the kit was to offer internet service in facilitating a terrorist attack at Dusit D2 hotel complex on January 15 January this year by Al-shabaab operatives.

Hussein Mohamed Aabdille Ali is accused at unknown place last year being a Facebook user of Facebook account Prince H. Ahmed he instigated the commission of a terrorist attack by falsification of A certificate of birth entry and transmitted that information to the user of Facebook account Adamu Chege a co-ordinarltor of Dusit D2 hotel terror attack for purpose of preparation to commit a terrorist attack.

The case will be mentioned on March 27 for further directions.

MPESA AGENT CHARGED WITH ILLEGALLY REGISTERING SUPREME COURT JUDGE MOBILE NUMBER.

By Nairobi Times -
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Henry Anthony Wasike who appeared before Milimani Chief Magistrate Francis Andayi denied the charged levelled against him by the state on Friday March 15,2019.

BY NT CORRESPONDENT.

A Mpesa agent has been charged before a Nairobi court with registering a safaricom number in the name of Supreme court judge.

Henry Anthony Wasike who appeared before Milimani Chief Magistrate Francis Andayi denied the charged levelled against him by the state.

Wasike was charge that on February 6,2019 at 09:14 am at unknown place acting as a Safaricom registered agent trading as Kenetic Limited using a safaricom line willfully procured registration of a safaricom number for Supreme Court judge Mohamed Khadhar Ibrahim by falsely pretending he was the supreme court judge.

He released on cash bail of Sh50,000 pending the hearing and determination of the criminal case.

IRANIANS JAILED OVER TERRORISM TO SERVE REMAINING 10 YEARS , SUPREME COURT RULE.

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Two Iranians Sayed Mousavi and Ahmad Mohammed at Supreme court after decision of majority judges ruled against them.

BY SAM ALFAN.

The Supreme Court has reversed the acquittal of two Iranian citizens and upheld their 15-year jail term for terrorism.

“The judgment and orders of the Court of Appeal made on 28th January, 2018 are hereby set aside and The conviction by the trial court of the respondents and the High Court decision are hereby affirmed,” ruled the supreme court.

This is after four judges Chief Justice David Maraga, Jackton Ojwang’, Njoki Ndung’u and Isaac Lenaola were the majority judges upheld the decision of the High Court that convicted two Iranian Sayed Nasrollah Ebrahim and Abdolhosein Gholi to serve 15 years in prison from a life imprisonment imposed by the trial court.

“The respondents shall serve the remainder of their imprisonment term after which they shall be repatriated to their country,” ruled the judges.

The Court of Appeal had acquitted the two after they appealed the High Court sentencing.

The majority decision set aside entire decision of court of appeal acquitting the two over terrorism related charges.

While reversing the decision the judges found that evidence given showed that the two planted a 15kg explosive at a Mombasa golf course and failed to give evidence on their business in Kenya.

The top court agreed with DPP that the two had an explosive after one of them admitted the on same and the this made the court to find that the two were indeed guilty.

However, Justice Mohammed Ibrahim and Smoking Wanjala dissented to the decision of the majority judges saying the evidence against Mousavi and Mohammed was not watertight.

The two judges said the evidence was purely circumstantial which could not have been used to prove the case beyond reasonable doubt.

Ojwang’ read the ruling on behalf of the majority while Justice Ibrahim read the dissent

The court however ordered the two jailed will now to serve their remaining eight years term at Kamiti Maximum prison after serving Seven years in jail and upon completion of their jail term, they will be repatriated to Iran.

The duo were arrested after they allegedly come to Kenya for a 10 day holiday.

The two judges said the evidence was purely circumstantial which could not have been used to prove the case beyond reasonable doubt.

While dissenting with the four judges he said In doing so, he was not insensitive to the fact that our country, has suffered innumerable acts of terrorism, which have been satanically planned, and executed with ruthless bestiality against innocent people. Such heinous crimes, must be harshly punished.

He said the law enforcement agencies, charged with the duty of tracking down those who commit such horrible crimes and cause so much pain and grief, must not be hampered in any way, as they go about their noble duties.

“Yet courts of law, must still remain true to the safeguards that have been put in place, by the Constitution and the law to ensure that the public interest and the rights of an accused person are both safeguarded at the altar of justice,” said Judge Ibrahim.

Judges said the judgement was unique and it has broken new ground in a matter certified as raising matters of great public interest as stated elsewhere above.

“By it, we have clarified issues that should guide lower courts in the discharge of their mandate in determining criminal cases,” noted the judges.

https://nairobitimez.co.ke/2018/12/14/iranians-on-terror-charges-their-continued-detention-is-politically-motivated-says-ahmednasir/ via @Nairobi Times

The Supreme Court found that evidence given showed that the two planted a 15kg explosive at a Mombasa golf course. The court also gave the lawyer representing the duo, Ahmednasir Abdullahi, a dressing down for allegedly continuously disrespecting the court.

Appellate Judges Kihara Kariuki, Kathurima M’inoti and Agnes Murgor held that the circumstantial evidence relied on by both the High Court, and Magistrate Court, was so weak that it did not point to them as the only persons who could have placed the bomb-making material, RDX, at the Mombasa Golf Course where it was found.

The Two Iranians were jailed for 15 years in 2013 over terror-related charges The High Court found Ahamad Abolfathi Mohammed, and Sayed Mansour Mousavi, guilty of concealing 15 kilograms of bomb-making material in the country.

But moved to the court of appeal through their lawyer Ahmednassir Abdullahi where they secured their freedom after the Court of Appeal ruled that there was no sufficient evidence to link them to the bomb-making material recovered in 2012.

The Director of Public Prosecution early this year applied to the Supreme Court seeking to quash a decision that set free two Iranians who were jailed by high court over terror-related charges.

Supreme court  Justice J.B Ojwang had directed that Ahamad Abolfathi Mohammed, and Sayed Mansour Mousavi remain within the jurisdiction of the supreme court.

“The applicant will be contesting the release by the appellate court, of the two who were facing charges bearing claims of serious threat to the security of citizens –notable the charge under the Explosives Act,” rule justice Ojwang.

The court further certified the matter as urgent.

The DPP in its appeal said he was dissatisfied with the judgment issued by the court of appeal adding that it erred in law by quashing the sentence and setting the two free.

Supreme Court accepted submission made by senior director of public prosecution Duncan Ondimu that, if the two were repatriated , it will be difficult to secure the two presence in Kenya to complete their imprisonment term if the state appeal is disallowed.

Two Iranians accused the court of exercising illegal political powers without lawful jurisdiction over the two Iranians.

Ahmad Abolfathi Mohammed and Sayed Mansour Mousavi through their lawyer Ahmednasir Abdullahi accused the superior court of being used by the state to legitimatize the illegal and unlawful detention of the the two.

They further accused the court of exercising what they term as “political justice”.

“The proceeding herein is in nature of a political show trial conducted by the court at the insistence of the state. Like all political show trials, the judgment of the Court, if the Court’s two previous rulings in the matter are anything to go by is a pre-determined and a foregone conclusion. The Respondents are reluctant participants in this political show trial,” Ahmednasir said in submissions.

The senior counsel submitted that the two are prisoners of conscience held by government of Kenya with the assistance of the supreme court and are being detained or held pursuant to orders issued by the court under powers that are essentially political and obviously extralegal.

The duo accused the court of being bias against them and lacks impartiality and the minimum ingredients of independence from the state and it agents in hearing and determine the case.

“This total lack of independence on the part of the Court has been extravagantly exhibited in the two rulings delivered by this Court in this matter. The Court had previously based its decision on extraneous political factors/considerations that are underpinned by a nationalistic affinity between the Court and the state. The two previous rulings were not based on a known statute or the Constitution of Kenya,” said Ahmednasir.

BORROWERS IN MAJOR REPRIEVE AS SECTION 33 B (3) OF BANKING ACT ON INTEREST RATE NULLIFIED.

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Three judge bench Francis Tuyoit, Jacqueline Kamau and Rachael Ngeti'ch who declared some sections of Banking Act as unconstitutional./PHOTO BY S.A.N.

BY SAM ALFAN.

The High Court has declared section 33B (3) of Banking Act as unconstitutional.

The court found that the provisions of sections 33 B (3) and (2) of the Banking Act to be vogue, imprecise, ambiguous and indefinite.

“And insofar as the contravention of the provisions attracts penal consequences, the same violates Article 29 and 50 of the constitution,” ruled judges.

The court held that the said section which provides for punishment of banks and Chief Executive Officers and not customers or any other persons who contravenes the provisions as unconstitutional.

The three judge bench Francis Tuyoit, Jacqueline Kamau and Rachael Ngeti’ch suspended the effect for one year to give National Assembly opportunity to reconsider the provisions failure to which it will take effect automatically.

The judges ruled that pending the reconsideration by the National Assembly , the circular No. 4 of 2016 dated September 13 ,2016 issued by central bank of Kenya will continue to provide a measure and clarity to the impugned provisions.

The court held that declaration in respect to section 33B (3) of Banking Act takes effect forthwith.

“In the meantime , the court notes that there will be no lacuna because, any pending further consideration by the National Assembly and any offender will be dealt with under the general provisions of section 49 of the banking act,” ruled the bench.

Article 29 (a) of the constitution guarantees a person the right not to be deprived of freedom arbitrary or without just cause while Article 50 is on the right to fair hearing.

“The court therefore declare sections 33 B (1) and (2) of the banking act to be null and void,” declared the bench.

The petition was challenging the constitutionality of the Banking (amendment) act No. 25 of 2016 which introduced section 33 B into the Banking Act (Cap 488 of the laws of Kenya).

EKEZA SACCO MEMBERS DESCEND ON HAPLESS LAWYER.

By Nairobi Times -
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Lawyer Duncan Okatch trying to rescue his learned colleague Samuel Mburu from Ekeza sacco members.

BY NT CORRESPONDENT.

A court hearing involving members of troubled Ekeza Sacco turned physical as angry members descended on one of the lawyers accusing him of taking advantage of their plight.

The members manhandled one of the lawyers representing controversial televangelist David Kariuki Ngare, popularly known as Gakuyo, soon after the mention of their case.

The members accused the advocate of presenting contradicting position of the sacco before court, which appear to favour Gakuyo.

Furious for having lost money and the advocate seems to ridicule them, the agitated members pounced on lawyer Samuel Mburu tearing his shirt as they manhandled him.

It took the intervention of a security guard who rushed to the rescue of the lawyer from the ‘jaws’ of the angry mob to end the roughing up of the lawyer.

There was confusion earlier in court as two lawyers fought over the representation of the sacco.

Both Mburu and Okachi claim that they have instructions to represent the Sacco.

Whereas Mburu says he has no problem with court orders issued stopping the take over by the new management, lawyer Okachi wants the orders vacated.

The judge directed the application seeking to have the orders vacated be filed formally and have the matter mentioned next week.

The court had temporarily stopped the Commissioner of Co-operative Development from installing the new management Committee at Ekeza Sacco.

The commission was also barred from removing from office the management committee of Ezeka Sacco.

In the matter,11 sacco members siding with Gakuyo through advocate Danstan Omari filed the petition to stop the commissioner from interfering with the management of Sacco.

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