Blog Page 251

DIRECTOR DOCGRAND ANJELMA ENTERPRISE CHARGED WITH THEFT OF SH 1.7 MILLION.

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Docgrand Anjelma Enterprises Limited director Grace Atieno Odongo before Nairobi Court.

BY NT CORRESPONDENT.

A director with a private company has been charged before a Nairobi court with obtaining Sh 1.7 million by false pretense.

Docgrand Anjelma Enterprises Limited has been charged before a Nairobi with obtaining 1.7 million.

Grace Atieno Odongo a director of Docgrand Anjelma Enterprises Limited appeared before Milimani Senior principal magistrate Kennedy Cheriuyot and denied the fraud charge.

The charge against Atieno states that on January 17 last year in Nairobi Central Business District being the sole director of Docgrand Anjelma Enterprises Limited with intent to defraud Eighty (80) Computers Tuners model 201A valued at Sh 1,752,413.80 from Maryida Atieno Aboka.

Prosecution alleges that the accused person falsely pretended that once the goods are delivered and payment made by the ministry of Foreign affairs she will pay Maryida Atieno Aboka a fact she knew was false.

The magistrate directed that she retains her anticipatory bail of 50,000 as cash bail.

The complaint reported the matter to central police that during the month of July last year she was contracted by Grace Atieno the director of Docgrand Anjelma Enterprises.

She wanted to supply printing machine toners and cartridges to the ministry of foreign affairs and she was to be paid a total of shillings 1,752,413 after supply of the said materials.

The complaint never received any payment. Efforts to trace Grace Atieno proved to be futile.

Grace had obtained an order from the high court suspending her from being charged pending hearing and determination of her application.

However, her application was dismissed and was ordered to appear before chief magistrate court to face charges brought against her.

“Since the said investigations have been completed the ordered stayed for this application have been spent and file closed,” ruled high court.

FORMER KPC MEMBER BLAMES THE CORPORATION’S WOES AT MANAGEMENT.

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Dr Shem Odongo and Janice Theresia Wanjiku Kiarie alias Terry Wijenje before court during their case hearing.

BY NT CORRESPONDENT.

A former Kenya Pipeline Company KPC board member Garrison Majanja identified governance as the biggest problem in the company a few years ago.

Majanja said there were number of apparent problems beginning with the then chairman Maurice Dantas and managing director Dr. Shem Ochuodho.

He claimed the two didn’t have management experience in terms of exposure to employment in business corporations, yet they were unwilling to cooperate or listen to board members.

He said the duo always ignored recommendations of the board and whenever they came up with a strategy the chairman would overrule them.

The witness said the two wanted to control the company by themselves and use the board as rubber stamp’s.

“This they did by ensuring that they controlled key board committees in which they installed themselves as chairman,” he stated a statement filed in court.

He told the trial court that at the beginning 2003, it was clear that KPC could not meet its financial obligations from its own revenue.

They projected a deficit of over Kshs.2 billion.

Majanja further added that members attended a board meeting on 22 and 23 of April, 2003, deliberated on the matter and gave approval to the management to explore possible sources to borrow funds.

He said on the board meeting held on July 21 and 24, 2003, the management reported to board that they had approached several financiers.

The management said they found Triple A Capital Limited attractive and offered to lend KPC Kshs.2 billion at one percent interest.

He said management further reported to the board that an approval to borrow the said funds had already been obtained from the ministry of Finance.

“This ministerial approval pre-emptied my desire to scrutinize the lending proposal as I assumed that such scrutiny must have been carried out by the ministry which was competent in that area.

The board finally approved the proposal and asked the management to set aside funds for repayment of the loan, he added.

The terms of the loan , the minister’s approval, the financial proposal from TACL, he said, were never laid before the board for discussion or information.

All the information, he said, come from the then KPC MD Dr Ochuodho.

He said he attended another meeting but didn’t recall the board ever being involved in deliberation regarding Standard Chattered Bank involvement in the borrowing from TACL.

Several minutes indicate that the resolutions on Standard & Chartered bank involvement in the borrowing arrangement were made.

“The board had issues with governance and I was one of the vocal members. We wrote a protest letter dated 27 November 2003 to the ministry seeking its intervention.

Then, they were protesting the decision by Dr Ochuodho to cancel a meeting intended to discuss board committee, procurement rules and authority for recruiting senior employees.
He said they were told that meeting was not within the board’s mandate.

He said on several occasions the chairman threatened to evict those who disagreed with his views.
He added that , at one time, the chairman told board members that if they were dissatisfied with the way he was running the meetings, they were free to resign.

He recalled an incident where the chairman told a board member identified as George Wachira, during a meeting to either shut up or resign.

“It is the chairman who constantly threatened to throw us out if we didn’t toe the line,” said the witness.

Majanja said the environment at KPC was not so friendly and working relationship with the chairman was bad as he treated them ‘like school girls and boys’.

“He used to bang the tables at us telling us to toe the line or resign,” Majanja said.

This situation, he added persisted in the board meetings throughout the year 2003 where members were consistently intimidated , threatened and manipulated by the chairman and the managing director.

The witness said the latter was equally abrasive and unwilling to openly deliberate on matters before the board.

The witness denied that there was acrimony between the three members, appointed to KPC from a committee that made recommendations on how to deal with the challenges facing the corporation.

He also denied allegations by Ochuodho’s lawyer that he made his statement to taint his client’s name. The witness said he knew very little about Triple A transactions.

In the case Dr Ochuodho, Terry Winjenje and Triple A Capital have been accused of conspiring to defraud KPC the colossal amount through a bogus refinancing deal.

It is said that KPC ended up paying creditors with their own funds obtained by charging company assets to Standard Chartered Bank – a transaction it completed through Triple A Capital in 2004.

In the case Dr Ochuodho, Terry Winjenje and Triple A Capital have been accused of conspiring to defraud KPC the colossal amount through a bogus refinancing deal.

It is said that KPC ended up paying creditors with their own funds obtained by charging company assets to Standard Chartered Bank – a transaction it completed through Triple A Capital in 2004.

Dr Shem Odongo and Maurice Dantas are accused being employed by Public service as Managing Director and Chairman of the board directors of Kenya Pipeline Company respectively and whose functions concerned the administration of public property  jointly and fraudulently instructed the standard chartered Bank of Kenya to pay Triple A Capital limited Kshs, 1,250,577, 549 from KPC ‘s account purporting it to be a refund on account of Triple A Capital limited having paid  a similar sum to KPC’s International Creditor, Export Development Canada (EDC) yet no such payment had been made by Triple A Capital limited and on behalf of KPC to EDC.

They are also accused on 28, December 2003 jointly fraudulently instructed the the standard Chartered Bank Kenya limited to pay Triple A Capital limited Kshs, 397, 699,893 from KPC’s account purporting it to be refund on Triple A Capital limited.

He is also charged with misuse of public office by improperly conferring  a benefit of Kshs 99,045,774 on Triple A capital by signing a Deed of assignment of debt on behalf of Kenya Pipeline Company limited.
The former Triple A Directors  John Gichia Macharia , Janice Theresia Wanjiku Kiarie alias  Terry Wijenje and Triple A Capital limited are facing charge of fraudulent acquisition of public property.

Dr Shem Odongo and Maurice Dantas are accused that being employed by Public service as Managing Director and Chairman of the board directors of Kenya Pipeline Company respectively and whose functions concerned the administration of public property  jointly and fraudulently instructed the standard chartered Bank of Kenya to pay Triple A Capital limited Kshs, 1,250,577, 549 from KPC ‘s account purporting it to be a refund on account of Triple A Capital limited having paid  a similar sum to KPC’s International Creditor, Export Development Canada (EDC) yet no such payment had been made by Triple A Capital limited and on behalf of KPC to EDC.

The hearing was adjourned to May 27.

OBADO PA OYAMO LEAVES PRISON.

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Michael Oyamo former personal assistant to Migori Governor Okoth Obado.

BY NT REPORTER.

Michael Oyamo, former personal assistant to Migori Governor Okoth Obado has paid cash bail of 2 million after he was freed by the Court of Appeal.

Oyamo, who is charged together with Obado and Caspal Obiero, is expected leave Kamiti Maximum prison this evening.

According to our source, Oyamo had paid the bail by 4pm this evening and was awaiting the processing of his release.
Obiero, however, had not raised the amount and will spend time at Kamiti prison.

Obado, Oyamo and Obiero have denied murdering Rongo University student Sharon Otieno and her unborn baby last year.

The two, who are jointly charged with Mr Obado, were granted the bond six months after they were denied bail by High Court Judge Jessie Lesiit.

Three judges of the appeals court allowed their appeal and released them on Sh2,000,000 bond each and one surety of same amount or a cash bail of Sh1,000,000.

Judges Mohammed Warsame, Otieno Odek and Daniel Musinga said bail is a constitutional right which should only be taken away on firm grounds.

The trial will start in June.

SIX TO DEFEND THEMSELVES IN THE LOSS OF SH1.2 BILLION AT NSSF. COURT RULE THEY HAVE CASE TO ANSWER.

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BY NT CORRESPONDENT.

Six accused persons among them three former National Social Security Fund (NSSF) senior officials have a case to answer over loss of Sh1.2 billion belonging to the fund.

The six, were accused of irregularly trading in shares through stock broker Discount Securities between 2004 and 2007.

Senior principal magistrate Lawrence Mugambi also ruled that three officials of a broker, among them executive director David Githaiga have a case to answer.

The court ruled that James Akoya, former Deputy Managing Trustee of NSSF, Francis Zuriels Moturi former Investment Manager NSSF, Githaiga, Wilfred Weru- Finance Director at the broker, Isaac Nyamongo- Investment Manager and Mary Ndirangu – a former Internal Audit Manager NSSF should defend themselves.

The six are charged with fraudulent disposal of public property, fraudulently making payment from public revenue, wilful failure to comply with the applicable procedures and guidelines relating to procurement of property and fraudulent acquisition of public property.

They have also been charged with conspiracy to defraud, deceiving a principal, stealing by agent and neglect of official duty.

Seven people had initially been charged but William Githaiga Murungu died before the case was concluded. Other than Discount Securities Limited another firm Orchard Estates Limited are also charged over the loss of funds at NSSF.

The six are accused of making claims for shares not purchased. During the hearing, the court heard that the broker would write to NSSF claiming that they have purchased specific quantity of shares.

They would then request to be paid specific amount as per the orders from NSSF in respect of the purchases. But upon checking NSE reference numbers with information from Central Depository and Settlement Corporation, it was discovered that there were no purchase were made of there were less quantity.

The defense hearing is slated for May 27, 2019.

HOW INVESTORS WERE DUPED BY GOLD SCAMMERS.

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Samir Munyinyi before Nairobi court during a case where he is charged with defrauding Muhummet Murtoglu of Ksh25.7 million.

BY SAM ALFAN.

A 57-year-old investor has told a Nairobi court how he lost thousands of dollars to gold scammers who promised him good returns.

Testifying in a case where Samir Munyinyi is charged with defrauding Muhummet Murtoglu of Ksh25.7 million, Irvin Van Lommen, the CEO of Global invest Luxembourg S.A recalled how they arrived in Kampala, Uganda with his business associate Muhummet in search of investment opportunities.

He said he intended to invest in real estate, waste management and solar energy in March last year. They however, fell victim international gold scammers who prey on investors.

The businessman told Principal magistrate Kenneth Cheruiyot that during their stay in Kampala, they met with several business people and some of them offered business opportunities in gold export.

He told the court they later returned to Europe but his colleague, Muhummet returned to Kampala at a later date, to continue with their gold business.

Lommen testified that on March 12, 2018, Muhummet called him in his office in Belgium and informed me that he had concluded a contract for exporting gold. He said his partner told him that they would be buying the precious stones from a person known as Cyprian Kashindi through his company identified as Folk Moon, located in Kampala.

He said he transfered the money from his account which was to be used to buy 200 kilograms of gold.

After the payment was made, the seller (Folk moon) later changed the plan stating that he had encountered a problem and could not export from Kampala but would do it from Nairobi.

He told the court that they were referred to another lawyer in Nairobi known as Thomas Otieno. They were informed that besides being a a good advocate, Otieno was a good friend.

In April, they travelled to Nairobi together with his business partner to conclude the business deal with Kashindi and Folk Moon.

The businessman told the court that they met Otieno in his office in Nairobi, but they were informed that more money was needed. They were allegedly told that the slight problem required USD 100.

They refused to part with more money.

But during their stay in Nairobi, they were contacted by another gold seller known as Samir Munyinyi and his associate, Anthony Kanga. The two allegedly offered the some 360kgs of gold.

This time, Otieno the lawyer would agree to facilitate the contract.

In the new deal, the investors were required to pay USD 100,000 for export taxes while the lawyer would retain 5kgs of gold as collateral. “We paid 100,000 dollars for taxes and 10,000 dollars as fee for Otieno,” he said.

The investor said payments were done through a bank transfer from his company to the escrow account created between them and Otieno.

Later, one of his workers, Razia Chelimo informed him that she had discovered that Otieno was not registered as an advocate. “We confronted him and he explained to us that he was a lawyer but he was not practicing,” he said.

“We insisted that we wanted to accompany him to the bank but he refused saying it wasn’t necessary and after a few days, Munyinyi came up with another problem. He said he could not get export licence for the consignment and therefore needed another USD 100,000 to solve the problem,” he said.

Irvin Van Lommen, the CEO of Global invest Luxembourg S.A testifying in a case where his business partner was defrauded over 27 million by gold scammer.

The witness said they paid the amount to the escrow account in April and after the payment, Munyinyi claimed he could not get a UN certificate that proves that the consignment is from legal origin. And to get the licence they required an additional USD 360,000.

He said they were later introduced to Steph Okute by Peter Mathenge who offered to sell them some 24kgs of gold. Okute claimed to be a clearing agent with Lux Cargo Company, with offices located at JKIA.

He said he could get the missing certificate at a cost of USD 150,000 dollar. “We agreed that we would pay USD 32,000 and the balance would be paid by Munyinyi and Kunga. The said amount was transferred to the account of Otieno on April 19, 2018 and was paid to Okute,” he said.

Munyinyi later informed them that his export licence had expired and in order to renew it he would requires additional USD 66,000. It is then that they protested saying that paid about USD 232,000 without results.

“We later realized that we were being scammed and decided to report the matter at Kilimani police station,” he said.

M-PESA AGENTS WHO AIDED DUSIT D2 TERROR SUSPECTS WITHDRAW HUGE CASH CHARGED.

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M-pesa agents Unknown alias Hassan Abdi Noor , Abdinoor Maalim and Adbiwahab Abdullahi Muhumed Hassan before a Nairobi Court on Thursday February 28,2019.

BY NT CORRESPONDENT.

Two M-Pesa agents accused of aiding and financing over Sh 34.7million during January 15 Dusit terror attack have been charged in a Nairobi court with the offence.

Unknown alias Hassan Abdi Noor and Abdinoor Maalim Ismail appeared before Milimani Senior Principal Magistrate Kennedy Cheruiyot and denied several terrorism related charges.

However their third accused person accused person Adbiwahab Abdullahi Muhumed Hassan did not plead to the charges due to his alleged mental status.

Noor was separately accused that on diverse dated between December 4, 2018 and January 5, 2019 at unknown place, jointly with others before court being mobile money transfer service Mpesa till operator of till number 424066 allocated to Alasland Agencies ltd by Safaricom limited aided and abetted the commission of a terrorist act at the Dusit complex hotel on January 15 and 16 tgis year by providing finances to fund the said attack.

Noor was further charge that is also accused on the same date and place knowingly received and transmitted Sh 34,756,550 through diamond trust bank limited Eastleigh branch to unidentified person with intention to commit a terrorist act at Dusit Hotel complex.

His co-accused, Maalim was charged that on or before January15 this year at unknown place jointly with others not before court, being the mobile money transfer service till operator of till number 369024 allocated to SEATECH Limited by Safaricom, aided and abetted the commission of a terrorist act by providing finances to fund the said attack.

He is further facing a charge of financial promotion of an an offence of proceeds of crime and anti money-laundering.

The third accused person, Adbiwahab Abdullahi Muhumed Hassan who did not plead to the charges due to his alleged mental status is accuses that on or before January 9, 2012 having reasonable grounds to believe that the provision of parcel services to Ali Salim Gichunge, alias Farouk Daud (Deceased) shall be used for the purpose of facilitating the commission of a terrorist act provided the said parcel to him.

The magistrate ordered the accused persons to be arraigned in court on Thursday next week for bail application.

Prosecution was further ordered to table in court on the same date a mental report of the third ac

TWO JAILED FOR 30 YEARS OVER CHILD TRAFFICKING AND NEGLECT.

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Two women Isabella Wambani Walubengo alias Consepta Mutenyo Namalwa Walubengo alias Mutenyo Walubengo Davis alias EMM and and Margaret Kerubo Nyakoe alias Ma alias Magi who has been jailed for 30 years.

BY NT CORRESPONDENT.

Two women have been sentenced to thirty years (30) imprisonment by a Nairobi court for child trafficking and child neglect.

Isabella Wambani Walubengo alias Consepta Mutenyo Namalwa Walubengo alias Mutenyo Walubengo Davis alias EMM and and Margaret Kerubo Nyakoe alias Ma alias Magi were sentenced after trial magistrate Martha Mutuku found them guilty of more than 10 counts of offences.

In her judgment, Mutuku ruled that the prosecution had proved the charges against the two beyond reasonable doubt.

The two were arrested on June 2017 in Diani, Nairobi county where there were blaster charged with the offences.

They pleaded not guilty to the charges but were denied bail pending the determination of the case.

However, Isabella(US citizen) and Kerubo were acquitted of four counts of offences.

In her acquittal, the magistrate ruled that the baby, aged below two years at the time the offence was committed, was never found.

Through lawyer Dunstan Omari, Isabella mitigated that she was only rescuing the minors from harsh Bukusu cultural beliefs.

Omari told the court that his client and the children in question are of the same family.

“The children was born through incest by her niece who got pregnant and wanted to terminate the pregnancies,” Omari told the court during mitigation.

The third child was born by her 14 year old sister who got pregnant by her a 16 year old boy.

Omari said further that his client and the mothers come from the Bukusu subtribe of the Luhya community where culture and custom practices on children born out of wedlock is still intact.

“Those children are defined as taboo and the only option is to kill them,” the court heard.

Omari told the court that his 46 year old client has two children and stays in the State of Florida. She is married to American Marine based in Kuwait.

While pleading for a non-custodial sentence, he submitted that the accused lost her mother on November 15, while she was in custody.

She has since suffered a stroke, acute depression due to high blood pressure and acute back ache occasioned by a broken limb.

“My client took up this child after the biological mother abandoned him knowing it would be killed and took off to Dubai and has never come back to date,” the court heard.

He pleaded with the court to consider the actual circumstances and the intent of why the accused took that bold step to help the children.

The second accused, Kerubo mitigated that she is a mother of two and guardian two child children belonging to her sister.

She pleaded for leniency saying that she was just a house help when she was arrested and is the only provider for the four children.

CHINESE BUSINESSMEN CHARGED WITH ROBBERY WITH VIOLENCE.

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Three Chinese Wang Liyong, Ye Dalu and Peng Hongwen who were charged with robbery with violence before a Nairobi Magistrate court on Thursday February 28,2019.
BY NT CORRESPONDENT.

Three Chinese have been before a Nairobi court charged with violently robbing a city businessman of his property worth over Sh 7 milllion.

Wang Liyong, Ye Dalu and Peng Hongwen appeared before Milimani senior principal magistrate Kennedy Cheruiyot and denied several charges of Robbery with violence.

Prosecution alleges that on January 10 , 2019 the trio jointly with others not before court robbed of Samuel Mbugua Njoroge his motor vehicle registration number KBW 349 W make Mitsubishi Pajero worth Sh 2,100,000 the property of WH Harmony International Investment company ltd TD and during the the time of the said robbery threatened to use actual violence to the said the complainant.

The three were also accused that on the same dates and place in Nairobi county jointly with others not before court robbed Njoroge Sh 5 million the property of Yufang and used actual violence against him.

The magistrate however directed they be detained at Central police station pending investigation into their immigration status.

Police suspects they are in Kenya illegally.

The case will be mentioned tomorrow for further directions.

FLY SQUAD BOSS IS NOT THE OWNER OF THE LAND HE IS SEEKING 120 MILLION DAMAGES OVER DEMOLISHED PROPERTY, COUNTY TELL COURT.

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Flying Squad boss Musa Yego Chelego.

BY NT CORRESPONDENT.

Nairobi county claims that Flying Squad boss Musa Yego Chelego is not the rightful owner of a prime property in Kariobangi that has since been demolished.

In the replying affidavit by the county development controller Fredrick Ochanda in court, City Hall claims that the Flying Squad boss is not the owner of property known as Kariobangi South/KCC Village no C44 and Kariobangi South/KCC No. C63.

City hall was responding to a case where Yego has sued them for acting with impunity by demolishing his property without a court order and is seeking special damages amounting to Sh 120 million.

The County Government says that Yego has since failed to disclose any evidence of ownership of the suit property by way of any form of Title deed or allotment letter.

“Besides that in the event that the petitioner (Musa Yego) was lawfully allocated the two suit property by the Nairobi County as alleged, nothing would have been easier pursuant to the letters of allotment or grant for the petitioner to exhibit a true copy of the said letter of allotment providing the terms and conditions upon which it was granted,” said Ochandain his court papers.

Ochanda says that it is factually incorrect to state that the petitioner was allocated the two suit properties by the county government and therefore cannot seek for damages orders sought in the petitioner.

“The petitioner never tendered any application to the Nairobi county government for the fact allocation of the two suit properties. The alleged allocation was not sanctioned by the mandatory full council resolution before the properties were allocated,” said Nairobi County in the court documents.

He said that Yego could have not owned the property since 2002 the properties were never originally allocated to him and in any event the claim by way of adverse possession does not apply on government properties.

The county said Yego has previously been interfering with the suit properties in the previous years including on or about the October 6 ,2008 which has been confirmed by the petitioner.

Ochanda claims that Yego has confirmed that the county government had previously served notices of enforcement on the suit properties which culminated into civil suit No. Nairobi CMCC NO. 6182 of 2018rendering this petition incompetent.

The county government denied violating the petitioner rights to ownership of private properties LR Numbers as Kariobangi South/KCC Village no. C44 and Kariobangi KCC No. C63 were public properties reserved for public utilities.

The petitioner claims that said respondents is a stranger to the loss of Sh 120 million allegedly incurred by the county government and if the alleged loss has indeed been incurred, then it is a self inflicted by him( the officer).

Yego in his court documents said he is the beneficial owner of Kariobangi south/KCC Village No. C44 and Kariobangi South/KCC No. C63 by virtue of an allotment from Nairobi County in 2002.

He said he prepared, submitted and was permitted to execute building plans on the property.

Yego added that utilising his own resources and raising additional funds from his family, he began construction of modern multi-use complexes as per permitted plans.

He said the county government without any legal permission on November 17,2017 unlawfully entered Yego’s plot by use of force and proceeded to demolish the developments that he had erected on the suit properties.

He said the county government acted in flagrant disobedience of a subsisting court order emanating from Milimani Chief Magistrate’s court civil suit No. 6182 of 2008 which barred the county government from interfering with the Yego’s quilet possession of the suit premises.

Last year October Yego obtained a court order restraining the county government from interfering with his property.

“An injunction is hereby granted restraining the county government either by itself, its servants or otherwise in any  means howsoever from repossessing or interfering with the Musa Yego  quiet possession of commercial plots number C34, C41, C42, C44, C61,C64 and C66 situated in Kariobangi South KCC Village until the matter is heard and determined,” reads the magistrate order.

Yego claims he has has incurred heavy losses and damages as a results of the county government illegal actions to destroy his approved development.

He wants the court to declare his rights and enjoyment of his property was violated.

THREE IN IRANIANS ESCAPE ALLEGATIONS DETAINED FOR TWO WEEKS.

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Wesley Kiptanui Kipkemoi , Ghanian Shemgrant Agyei and lawyer Robin Bundi Nyangaresi covering their faces before court.

BY NT CORRESPONDENT.

Two suspects among them a Ghanaian arrested over the planned escape of two Iranians current in custody have been detained for 10 days to enable Directorate of Criminal Investigation complete investigations in the matters.

Milimani Principal Magistrate Peter Ooko granted the police request for more time to continue holding Wesley Kiptanui Kipkemoi, Shemgrant Agyei(Ghanian) saying that they are facing serious offences.

“In light of the nature of the serious offences facing the suspects which are being investigated bypolice i find that they require to be given 10 days to continue holding the two to complete the probe, “ordered Ooko.

At the same time Ooko released the third suspect lawyer Robin Bundi Nyangaresi on Sh 200,000 bond term or a cash bail of Sh 100,000. He was further ordered to be reporting to the investigating officer at ATPU headquarters on a day basis at 9 am pending the investigation.

The magistrate while releasing lawyer Bundi on bond said that he convince the he was extensively interrogated and find no merit to have him detained for the 30 days sought by the prosecution.

On Monday the DPP had sought to have the three suspects detained for a month for their actively involvement in a elaborate planning and execution of the escape of the two Iranians Ahmad Abolfathi Mohammed and Sayed Mansour Mousav.

Through senior state counsel Duncan Ondimu, prosecution informed the court investigations into the matter is on going and if they are relased they will interfere with the same.

Ondimu told court that the three suspects with the help of a senior Diplomat immunity at the Iranian Embassy were to unlawfully secure the release of two Iranians being detained at Kamiti Maximum Security Prison who were held pending an appeal decison of the Supreme Court.

“The DPP lodged an appeal to the Supreme Court. The petition lodged by the DPP was heard on December 11, 2018 before the Supreme Court. The appeal relates to two Iranian nationals Ahmad Abolofathi and Sayed Mansour who are currently in custody pending decision of the Supreme Court, ” said ondimu.

He said preliminary Investigations conducted and information so far received show that the three suspects met on diverse dates with a senior Diplomat immunity at the Iranian Embassy and the main purpose of discussion was on how to aid the escape of the two Iranian.

The court heard that DPP has on several occasions received intelligence in relation to planned escape of the two Iranian nationals.

Ondimu said the suspects together with a senior diplomat who name was withheld pending a confirmation form the Ministry of foreign affairs held several meetings in diverse places including shopping malls in westlands and hotels in Hurligarm and CBD and there is need to obtain CCTV footage of the areas.

“Some of the areas included premises covered under Diplomatic Immunity and there is need to seek assistance of the Ministry of Foreign Affairs,” Said the prosecution.

“The three met on diverse dates with a senior diplomat at the Iranian embassy and the main purpose of the discussion was on how to aid the escape of the two individuals.”

Ondimu further informed the plan to facilitate the plot escape started in the months on May and June last year therefore the police more time to obtain call data records for the mobile numbers which were involved in the planning.

The court further heard that on February 10, in a bid to facilitate the planned escape of the two Iranians, a senior diplomat at the Iranian embassy booked a flight with Qatar Airways and there is need to obtain CCTV footage of the airline office.