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PROSECUTION OPPOSE MOTHER OF SLAIN DUSIT D2 ATTACKER SALIM GICHUNGE TO BE RELEASED ON BAIL.

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Sakina Mariam Abdalla mother of the slain terror suspects Ali Salim Gichunge before Nairobi Court on Friday February 22,2019.

BY SAM ALFAN.

The Director of Public Prosecution Noordin Haji has vehemently opposed the release of the mother of slain Dusit attacker Ali Salim Gichunge on bail.

This is after she was charged with failure to disclose information related to terrorism related charges over last month’s Dusit terror attack.

Sakina Mariam Abdalla who appeared before Milimani Chief Magistrate Francis Andayi and denied the charge.

Mariam was charged that on diverse dates between 2015 to 2019 at Kula Mawe in Isiolo in breach of his son Ali Salim Gichunge information which was within her knowledge and information which would have have been used to prevent the commission of a terrorist act ‘Dusit Attack’ failed to disclose the information to police.

The prosecution through Eddie Kandebe while opposing bail application said that the accused is facing serious charge which attract heavy punishment if found guilty and she is highly likely to abscond from the jurisdiction of the court if released on bail

Prosecution also said after her arrest a search was conducted on her and a mobile phone recovered which has since been subjected for forensic examination and which confirmed through the call records that her number was in constant communications with several other phone numbers located in Somalia believed to be of his son.

The court was informed that she was arrested due to her possible involvement in aiding and abetting the terrorist attack that took place on diverse dates between January 15 and 16 of this year at Dusit Hotel complex Riverside in Nairobi.

They argued that the investigations are going on to establish the identity of the individuals who might have communicated to the Sakina and her son in relation to terrorist activities particularly the Dusit attack.

In the affidavit by Inspector Monica Githaiga , she says the accused person claims that she allegedly reported at Isiolo Police Station that her son Gichunge had gone missing in the year 2014 but the said report was verified not to have ever been made at the said police station by herself as alleged.

It is said that Investigators probed her allegations that the said Salim switched off his mobile phone on 2014 and only called her in 2016 informing her that he had gotten a scholarship in Mogadishu Somalia to study religious Islamic Education and that was the last time she heard of her son until the attack when she saw her son’s pictures circulating on the social media.

Marian has been in police cells for 30 days since she was arrested in connection with the last month’s terror attack.

ADJUST YOUR LIFESTYLE TO FIT YOUR CURRENT FINANCIAL STATUS USING UNFROZEN ACCOUNTS, COURT TELL PS OMOLLO.

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Charged former Principal Secretary Lilian Omollo Mbogo.

BY SAM ALFAN.

High court has advised former PS Lilian Omollo Mbogo to adjust her lifestyle to fit into her current financial status.

This is after it allowed her to withdraw Sh 2 million from her frozen accounts held at Diamond Trust Bank Capital Centre branch to help meet her living expenses.

Justice Hedwig Ong’undi further directed that the rest of the money to remain frozen pending determination of the case.

The judge found that not all Omollo’s accounts have been frozen by Assets Recovery Agency (ARA) and there is a room for her to adjust her lifestyle to fit into her current financial status.

At the same time the Judge declined to allow Lilian to file similar applications in future.

“The farm the applicant (Lilian) owns can be productive enough to assist her as she has funds to operate it,” ruled the judge.

Ong’undi said the interest of the state and Omolo must be taken care of by the court as it considers the application.

However, the judge said that there is a high public interest in the money subject of criminal cases facing her which cannot just be washed away.

The orders were granted after Omollo petitioned the court in January this year to release to her Sh2.26 million monthly from her frozen accounts, arguing she cannot meet her family food, housing and school needs and the maintenance of her three motor vehicles.

This is after late last year the court froze 10 accounts in equity and Diamond trust bank with Sh 33.1 million belonging the former PS and her children on suspicion they were used as conduits for millions of shillings stolen at the National Youth Service.

Assets Recovery Agency has filed an application seeking to have millions of shillings belonging to former Youth Affairs PS Lilian Mbogo Omollo forfeited to the state.

The money is held in several accounts in her name, companies where she a director while other accounts belong yo her three children.

ARA said in the petition that they suspect the monies are proceeds of crime and therefore liable for forfeiture to the state.

Through senior state counsel Mohamed Adow, the agency want the court to declare total of USD 105,293,7 and Kshs. 22,445,74 million held ten accounts in equity Bank Limited , community branch Nairobi and Diamond Trust Bank Limited , Capital centre and village Markert in the names of Lillian Mbogo, Sahara Consultant , Lidi Holdings Limited , Lidi Estates as well as her three daughters forfeited to the government.

The agency also wants USD 28,981,97 , Kshs 2,297,495,00, 257,220 and USD 8,979.83 held at equity bank in the name of Lidi Estates Limited forfeited to the state saying they monies are proceeds of crime.

Omollo’s seven bank accounts had Sh 20.6 million while that of her children Sheela Mbogo, Stephanie Mbogo and Shalom Kamwetu had Sh12.5 million.

The Assets Recovery Agency had revealed to the court that millions of shillings, including a cash deposit of Sh 20 million on April 20, were wired to the accounts registered to Sheela, Stephanie and Shalom.

It is said that the said deposits were made in a period when more than Sh1 billion was stolen from the NYS through fictitious invoices for goods such as firewood and stationery and multiple payments on one supplier invoice.

Omollo, through lawyer Stephen Ligunya, wants the court to vary the freeze orders and allow her withdraw Sh6.8 million quarterly for basic needs.

But Assets Recovery Agency had opposed to the application saying the same has no merit and is misconceived.

“Allowing her to access the funds will end up the case useless, she has other means, we pray that you dismiss the application, “said the agency through lawyer Mohammed Adow.

he agency in their court papers, claims that investigations have revealed that the funds in issue were acquired through unlawful activities and are part of the funds embezzled from the National Youth Service.

“The Agency did not preserve a total of 9,805,426.82 shillings held in two accounts hence the assertion that the applicants are subjected to undue hardships , sufferings and unable to pay their expenses due to the court is not true,” claims Adow

“Omollo has not satisfactory explained how she acquired the funds in issue. She has not reasonably mentioned anything about the acquisition of funds in issue,” reads the papers.

The agency further says Omollo besides stating she was not involved in the NYS scandals she has not satisfactorily explained how she acquired the funds in issue.

“She may claim it’s her property but how did she acquire the same? She has not reasonably mentioned anything about the acquisition of funds in issue,” said the agency.

According to the agency the former PS earns a salary of 340,000 shillings which they it’s enough to sustain her bills.

The court was told that Omollo has a farm which generates money adding that she has means to cater for her mortgage and other bills.

GOVERNOR SANG SEEKS TO UNMASK OWNER OF SH 1.3 BILLION HEROIN CONSIGNMENT SHIP.

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Nandi Governor Stephen Sang.

BY NT CORRESPONDENT.

Nandi Governor Stephen Sang seeks information unmasking the real owners of Sh 1.3 billion heroin consignment in a ship that was destroyed at the Port of Mombasa in 2014.

In a letter seen by Nairobi times the Governor has written to several state agencies seeking information relating to the said ownership of the ship.

Sang through his lawyer Danstan Omari has written to the two CS namely Fred Matiang’i and Rachelle Omamo, Director of Criminal Investigations George Kinoti and Inspector General of Police Joseph Boinnet saying he wants to be furnished with all material details and particulars surrounding the ownership with the ship before and after it was captured by state agencies.

The ship referred to as Amin Darya or MV Alnoor was destroyed on August 29, 2014, under the supervision of President Uhuru Kenyatta, various cabinet Secretaries and the IG after it was found with 270.8kg of heroin.

Sang has questioned why the owners of the ship have not been unmasked approximately five years down the line since the ship was blown up.

In the letter, Sang’s lawyer, claim that the information about the said ship will help his client in vindicating him from a defamation suit filed by Mombasa Governor Ali Hassan Joho.

“Doubts about as to who the real owners of this ship and the consignment is and why the owners have not been unmasked five years down the line. The grant of the information sought is in favour of our client’s realization of his right to access information and protection of his rights as an accused person,” stated Lawyer Omari in the letter.

According to the lawyer, the information sought if timeously supplied will go a long way into accelerating the fight against drug trafficking through the promotion of a society is well informed.

Mombasa Governor has since sued his Nandi counterpart and three MPs after they linked him to drug trafficking.

The MPs are Oscar Sudi (Kapseret), Kimani Ichung’wah (Kikuyu) and Didimus Barasa (Kimilili).

Through Ochieng’ K & Associates Advocates, Joho accuses the four of deliberately, maliciously and callously employing falsehoods, gossip and slanderous language to maximise hatred against him.

According to the Joho, the four have been spreading allegations aimed at soiling his name knowing very well he would probably contest future elections and indeed, the highest political leadership in the Republic of Kenya.

MAN ATTACKS HIS LAWYER IN COURT AFTER HE IS JAILED FOR 47 YEARS.

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Handcuffs.
BY SKY NEWS.

A convicted criminal has been filmed punching his lawyer in the face after being sentenced to 47 years in prison.

Police bodycam footage captured the moment David Chislton – who had pleaded guilty to charges including domestic abuse and arson – launched an attack on Aaron Brockler in an Ohio courtroom.

The two-minute video also showed security officials grab and pin down Chislton, 42, before leading him out of the room.

The lawyer was left with a broken nose and suffered concussion.

According to US media reports, Mr Brockler said he was about to console his client after the news of his sentencing when he was struck in the head.

He told Cleveland.com: “I was watching the sentencing of the defendant, it was a pretty intense situation.

“The judge had given him a long sentence and for a moment he tried to object to the sentence and then he basically just wheeled around and punched his defence lawyer – who was standing to his left – with both hands.”

Chislton was jailed for charges including aggravated arson, assault, domestic violence and cruelty against a companion animal.

In 2017, he held a gun to his girlfriend’s head and threatened to kill her after she accused him of sexually abusing her 15-year-old daughter.

He then set fire to an apartment complex and was also accused of killing a dog.

Chislton had already spent two years behind bars since his arrest.

HUGE ANTICIPATION AS JUDGES TO RULE ON GAY SEX

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Three judges Chacha Mwita, Roselyn Aburili and John Mativo who will deliver a judgement on whether to decriminalize gay sex or not in Kenya.

BY SAM ALFAN.

The High Court is on Friday expected to make a landmark decision as the community of Sexual Orientation Gender Identity and Expression (SOGIE) seeks to quash some laws that make it illegal for consensual same sex.

And the bench of three judges make the decision, Kenya National Commission on Human Rights (KNCHR) has asked the police to provide security at Milimani Law courts and its precincts.

In the letter addressed to Nairobi County Police Commander, the petitioners want the police to enhance security within the court and its precincts and countrywide. There has been cases of attacks against members of this community whenever such pronouncements are made.

A bench comprising of Justices Roselyne Aburili, Chacha Mwita heard arguments from rival parties and their submissions last year.

If successful, the petition has the potential to change the tide for Sexual Orientation, Gender Identity and Expression in Kenya. South Africa and Angola have set a precedent in Africa by decriminalizing gay sex.

In the petition, Eric Gitari, the director of National Gay and Lesbian Rights Commission wants the High court to decriminalize Sections 162 and 165 of the Penal Code.

The petitioners contend that the section 162 of the constitution which needs to repeal has denied SOGIE people “the rights to privacy, dignity, health, equality and non-discrimination and freedom and security of the persons.”

Section 162 reads: “Any person who   has carnal knowledge … against the order of nature; or has carnal knowledge of an animal; or permits a male to have carnal knowledge of him or her against the order of nature, is guilty of a felony and is liable to imprisonment for 14 years.”

Section 165 says a man who commits any act of indecency with another man, or procures a man to commit indecency with him, or attempts to procure the commission of any such act with himself or with another male may be jailed for five years.

The petition was opposed by the government and faith-based organizations. The AG through lawyer Jeniffer Gitiri, argued that declaring the said sections unconstitutional would tantamount to allowing unnatural offences, sex with people of the same gender who may have a legitimate expectation to enter into a marriage which is contrary of Article 45 of the constitution.

The gay and Lesbian Coalition of Kenya (GALCK), the National gay and Lesbian Human Rights Commission (NGLHRC) and the Nyanza Rift Valley & Western Kenya Network (NYARWEK) are also petitioners in the case.

They urged the court to declare as unconstitutional the sections that are in violation of rights guaranteed to all Kenyans irrespective of their sexual orientation.

The gay and lesbians argued that the existence of these laws within the penal code validate stigma, discrimination and violence towards individuals who do not conform to society ‘s expectations on gender identity, gender expression or sexual orientation.

The five petitioners together with Gay and lesbian coalition of Kenya, Nyanza western and rift valley network and Kenya human rights commission said they filed the matter in the public interests and to secure and protect the rights and freedom of the persons engaging in consensual sexual, minority sexual orientation and gender identities who have been subjected to severe violations of their fundamental rights and freedom.

DPP WANTS INSURANCE BROKER ACCUSED OF KILLING RIVAL IN A LOVE TRIANGLE AT GARDEN ESTATE PUT ON DEFENSE.

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Insurance broker Leonard Kanari who is charged with murder of Christopher Muganda Adega on the night of May 26, 2016 at Icon Flats in Garden Estate, Kasarani area Nairobi.

BY SAM ALFAN.

Director of Public Prosecution has urged the High Court to find insurance broker Leonard Kanari accused of killing a credit officer in an alleged love triangle scuffle involving Eda Wathithi Kamau has a case to answer.

Prosecution while closing their case, urged the trial judge Jessie Lessit to hold that the Nakuru businessman was behind the death of deceased claiming they have proved their case.

In their submission the state said  that they will rely on the evidence of 11 prosecution witness as they have proved there was death as a results of a gunshot.

They also informed the trial Judge that the accused was at the scene of crime and asked the court to find the accused was armed these was confirmed by the ballistic expert.

Kanari through his lawyer in his defence has urged the court to find that there was no sufficient evidence that he had the intention or malice to cause death of the deceased.

“We humbly urge the court to find that the accused has no case to answer and acquit him,” urged the accused.

They submitted that the prosecution has not adduced sufficient evidence which in the absence of a defence the court can convict the accused of the offence of murder.

“There is no evidence whatever doubt that the accused either shot the deceased or that his gun was was used to shoot the deceased,” submitted defence.

Kanari surrendered his gun o of May 31 ,2016 at Kasarani police station and recorded after the said crime was committed.

Kanari is accused of murder of deceased Christopher Muganda Adega on the night of May 26, 2016 at Icon Flats in Garden Estate, Kasarani area Nairobi County after finding him with his girlfriend in his house.

He had been charged with manslaughter before Makandara Court and pleaded not guilty to the charges. He was later charged with murder.

During the hearing a House girl Risper Munala to Eddah said she knew the deceased Andagi. She said on the fateful day,she heard the deceased calling the seven year girlfriend who told her to open gates. She later went to the bedroom back to sleep .

Munala testified that after about fifteen minutes , she heard a familiar voice screaming , ” why are you shooting me?” at that point in time, she was afraid of what was happening and went to the sitting room and found the door to the house open.

She found  her boss Eddah seated on the chair facing outside. She added that Adah was having a monologue while trying to dial on her phone and at that point, she noticed the deceased, Andagi lying on the floor next to the door one meter away.

“This was distance between Edinah and the deceased. The deceased lay on the floor facing up. I did not speak to the deceased,” said Munala.

She testified that the deceased was injured on the left side of his stomach, there  was bleeding, the deceased was talking to himself while his girlfriend Adah was just sited. She offered the deceased water to drink . The deceased took a bit of water and also gave the deceased a pillow from the seat.

“No first aid was given even from the accused or Edinah. The deceased lay on the floor bleeding and asking for an ambulance. It was then that the caretakers came over after they were attracted by the screaming noise of the deceased. The caretakers managed to find a motor vehicle to take the deceased to the hospital together with Adah,” said the House girl.

The house girl further testified that she collected a bunch of keys, (car and house keys) and all belonging to the deceased. She also collected a metal piece which she thought was the property of the deceased. The metal piece had been picked by the deceased from his left side and dropped it.

“I placed the shoes to the deceased in the sitting room, the piece of metal collected on the stool in a sitting room and the bunch of keys in bedroom,” she added.

She said when she called Adah to find out the progress on the deceased to which she was informed Muganda had died.

Edinah  wanjiku Kamau testified that she knew the deceased who was her boyfriend for seven years and the father of her child. She said the deceased would visit two to three times in a week.

She testified that she knew the accused and was his  friend who was helping her in business.

“At the fateful day,  I met the accused at a restaurant along Thika road, at Thika Road Mall and stayed in a meeting from 7 Pm to around 12:45am. Later the accused offered to drop me and he dropped me to my apartment at Icon place in Garden Estate where i lived,” said Adah.

She added that the accused offered to carry a luggage upstairs to the house on the third floor and the accused stayed outside the house for about 10 minutes as they had a chat and thereafter got into the house.

At around 1:15am, she escorted the accused upto the house door. It was then the deceased appeared before the accused left the corridor.

“At that point in time the deceased and the accused got into a scuffle outside the corridor,” said Adah.

She testified that there was a commotion and she run back into the house. She got scared when the accused met.

The accused defence said this would be a compelling reasons to put the accused to his defence to give his story of what happened at the point in time.

Adah said she opened the house door when she heard the deceased shouting. She said she saw a blood stain on the left side of the deceased’s stomach.

The guard George Kilande in his testimony said he heard a loud voice and thereafter a man crying and shouting. On going to upstairs, found the man lying on the floor asking for help and  the house help and Eddah were there. He said he knew the man lying on the floor asking for help and he was frequent visitor to the apartment.

Charles Mugosya who was the deceased close friend said the postmortem was carried out by one Dr Odour and there was a bullet that was removed from the deceased body after a repeat exercise of the postmortem.

“The doctor gave his finding that the death was caused by the bullet due to fatal injury and bleedings,” said Mugosya.

A Government pathologist Johnson Oduor  testified that there was an entry gunshot wound on the left side of the stomach and there was not exit wound of the bullet.

The deceased wife Irene Nanjala Barasa testified that on the fateful day the deceased did not return home from work and she had tried calling late in the night

They talked around 1:00 am and the deceased never picked up his phone again. She was informed about the shooting by one a Mr Agrey who had been informed by the caretaker. The deceased and Nanjala had two children of the marriage.

EACC PUTS OFF JSC COMMISSIONER OVER VEHICLE MISUSE ALLEGATIONS.

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Judicial Service commissioner Prof Tom Ojienda.

BY SAM ALFAN.

Ethics and Anti-Corruption Commission has dismissed witch hunt allegations over misuse of a GK motor vehicle by Judicial Service commissioner Prof Tom Ojienda as baseless.

While responding to lawyer Ojienda’s application challenging his summons to be investigated by the anti-graft  agency over the misuse an official vehicle allocated to him by the state said the claims that the intend investigations are a witch hunt are unfounded and speculative.

“Ojienda’s allegations as mere speculation and unfounded as they have no bearing whatsoever to the investigations against him,” says EACC.

In a replying affidavit by EACC through investigator Kennedy Olemuse Mwukenya, say he  has conducted the investigations in a most objective and impartial manner and other issues alleged by the commissioner such as with hunt are mere speculation.

He opposed the granting of orders sought by the JSC commissioner issued against the commission saying it will be tantamount to fettering the independence of the commission carrying out its legislative functions.

Olemuse further says the commission received information of misuse of a government vehicle assigned to Ojienda which misuse raised allegations of unethical conduct requiring further investigations.

“The respondent (EACC) learnt that the petitioner (Ojienda) had authorized both the use and movement of the GK motor vehicle,” said Olemuse.

EACC says that Ojienda’s driver has already complied with the summons from EACC and has furnished the investigations team with his written statement.

Olemuse said the commission has powers to investigate corruption and unethical matters and does not have prosecutorial powers and it is the Director of Public Prosecution mandate who would make the decision on whether to charge Ojienda in court or not.

The commission told the court it is proper for Ojienda as a state officers given mandate to manage public resources give his statement.

“It is imperative and it shall serve the principles of a just society governed by the rule of law if the petitioner, a state officer vested with the authority of management of public resources such as the government motor vehicle in this case also furnishes his statement on the alleged misuse of the motor vehicle,” said the investigator.

The Investigator said that Ojienda was requested in the summons to provide his national identity card for the purposes of formal and legal identification which process does not interfere with any of his rights.

On December 2018 the High court temporarily restrained the anti-graft commission from arresting Ojienda over the misuse of government vehicle assigned to him pending the hearing of his application.

Justice Mwita Chacha issued the orders restraining EACC from commencing any criminal proceedings against Ojienda pending the hearing and determination of the petition.

Ojienda moved to court seeking to stay the summons by the EACC  and  restraining orders to the commission from commencing any criminal processes with respect to the use of the official government vehicle assigned to him.

DPP WANTS A CITY BANK MANAGER FACING TERRORISM CHARGES DENIED BAIL.

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Diamond Trust Bank (DTB) Eastleigh branch manager Sophia Njoki Mbogo before Nairobi Chief Magistrate Francis Andayi on Wednesday January 20,2019./PHOTO BY S.A.N.

BY SAM ALFAN.

Director of Public Prosecution Noordin Haji has opposed the release of a DTB bank manager facing charges of aiding and abetting last month Dusit complex terrorist attack on bail.

Haji Through Senior counsel Eddy Kandebe urged the court not to allow the bank manager Eastleigh branch Sophia Njoki Mbogo bail application on grounds that she is facing serious charges which attract heavy punishment if found guilty and she is likely to abscond from the jurisdiction of the court.

He told the court that investigations are still ongoing which may lead to more accomplices who are still at large and more charges may be preferred against them therefore releasing ger on bail may interfere with the ongoing investigations.

“The accused person is the bank manager at the said DTB Eastleigh branch where she exercises control over her staff some whom are subject of inquiry and therefore she is likely to interfere with witnesses and exhibits,” said Kandebe.

Sophia Njoki Mbogo is also accused on the diverse dates between 4 of December 2018 and January 5 ,2019 at DTB Bank Eastleigh branch in Nairobi jointly with others not before court , being the branch manager aided and abetted the commission of terrorist ‘The Dusit Attack’ on the 15 of January this year by failing to report suspicious activity involving transactions carried out at the said bank and branch shillings 34,736,550 suspended to have funded the said attack.

Njoki is further accused jointly with others not before court being the branch manager knowingly failed to report cash transactions carried out at the said bank shillings 34,736,550 million amounts exceeding the required amounts.

She is accused on diverse dates between 4 of December 2018 and January 5 ,2019 at Diamond Trust Bank Eastleigh branch jointly with others not before court , being the branch manager b, knowingly failed to report suspicious activity involving transactions carried out at the said bank and branch to shillings 34,736,550 suspected to be related to money laundering or proceeds of crime.

She has pleaded not guilty.

The court was further informed that the money was transferred from South Africa, investigators are yet to trace part of the money believed to have been sent to Somalia through illegal money transfer agents commonly known as Hawalla.

Prosecution further said that investigators are looking at large amount that were transferred from South Africa to Kenya on diverse dates through MAMA MONEY and SEND HOME amounting to over Sh 34 million which is believed to have financed the ‘Dusit attack’.

“The investigations are ongoing to reveal the identity of the individual who received the money in Kenya and our investigative leads indicate that the money was used in furtherance of terrorist activities, particularly the attack on Dusit Hotel,” the court heard.

Kandebe said the accused in his affidavit avoided intentionally to respond to issues of money raised by the prosecution in two platform and issues if interference of witnesses who are their junior officer at the said bank.

Sophia was arrested at DTB Eastleigh branch in connection to money laundering and terrorism financing that facilitated the ‘Dusit Attack’ which occurred on the January 15, 2019 in Nairobi.

However, the accused person through former high court judge Nicholas Ombija urged dismiss the DPP application the deny his client bail saying that the have tabled compelling reasons.

He said that Sophia through has supplied investigators with all documents and CCtV footage they required in their probe.

“The accused has nothing which police are seeking and all what they claim to be investigating is with the Bank and Safaricom who are the service Provide,” said Ombija.

He said that the transactions being probed are provided by the bank and safaricom through M-pesa which she has capacity to interfere with.

“If it was the wish of the state no accused person can ever be released on bond since ghey have been opeposinv the released of the accused which is a constitution right,” said the former judge.

The accused to remain in custody until Friday pending ruling on bail.

DTB BANK MANAGER CHARGED WITH ABETTING ‘DUSIT TERROR ATTACK’.

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Diamond Trust Bank (DTB) Eastleigh branch Sophia Njoki Mbogo appearing before Nairobi Chief Magistrate Francis Andayi denies abetting terrorism.

BY SAM ALFAN.

Diamond Trust Bank (DTB) Eastleigh branch has been charged with failure to suspicious transactions and aiding terrorism.

Sophia Njoki Mbogo is accused on diverse dates between 4 of December 2018 and 5 of January ,2019 at Diamond Trust Bank Eastleigh branch jointly with others not before court , being the branch manager b, knowingly failed to report suspicious activity involving transactions carried out at the said bank and branch to shilling34,736,550 suspected to be related to money laundering or proceeds of crime.

She is also accused on the same dates at DTB Bank Eastleigh branch in Nairobi jointly with others not before court , being the branch manager aided and abetted the commission of terrorist ‘The Dusit Attack’ on the 15 of January this year by failing to report suspicious activity involving transactions carried out at the said bank and branch shillings 34,736,550 suspended to have funded the said attack.

Njoki is further accused jointly with others not before court being the branch manager knowingly failed to report cash transactions carried out at the said bank shillings 34,736,550 million amounts exceeding the required amounts.

She has pleaded not guilty. Prosecution has applied to oppose the accused to be released on bond and the application will be heard at 2 PM.

OFFICER DIDN’T CONDUCT ALCOHOL ON ACCIDENT VICTIM, COURT TOLD.

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Prison warder Dismas Gatengwa Motongwa who is accused of hitting university students along Mombasa road last year.

BY NT CORRESPONDENT.

An investigating officer in a traffic case in which a Kenyatta University student was alleged to be hit by a motor vehicle has denied before a Nairobi court conducting a probe on whether the victim was drunk before she met her death.

Sergeant A. Madoyi of Industrial area police station while being cross examined by lawyer Danstan Omari, said he did not bother to taken blood sample from the deceased Maureen Wambui Gachagua who is said to have knocked by a prison warder Dismas Gatengwa Motongwa along Mombasa road last year.

The IO said the accused never stopped at the scene of the accident as he just kept speeding. The students right leg was cut off immediately with the rest of the body hanging on the roof of the car.

But lawyer Omari in his cross examination said the suspect who was driving at a speed of 120km per hour could possibly have imagined he hit an animal.

“I put it to you that there is a possibility he could not have known what he had hit. He might have honestly hit an animal,” the lawyer said.

Wambui who was a third year student at Kenyatta University was hit by a senior prison officer on July 15 2018.

Prosecution claim that the accused hit the deceased and drove three kilometres with wambui’s body on the roof of his car before dumping it in South C Estate, Nairobi court.

The court heard that the Madonyi did not also verify the facts relied by the eye witnesses.

The investigating officer further confirmed that he did not know whether Wambui 22, had attended an overnight party with her boy friend, Dennis Mburu Baraga at NextGen Mall on Mombasa road before she me her death.

Milimani Senior resident Magistrate Elector Riany was informed that the accused person after allegedly accident he reported the matter at Langata police station, saying he had knocked an animal.

Madoyi told the court that he did not establish who dumped the body at the junction roundabout along Mombasa road.

He however said that the postmortem report indicated that the deceased died of excessive bleeding.

The body of deceased had multiple injuries,according to the medical report tabled in court as exhibit.

The investigating officer said that he preferred three charges against the accused which includes, dangerous driving, giving falsely information and failing to stop after the accident.

Gitenge, who has since been interdicted, is facing charges three counts before a magistrate and was released on cash bail of Sh10,000.

Gitenge allegedly hit and killed Ms Maureen Wambui Gachagua, a Kenyatta University student on July 15, last year. He allegedly committed the offence on Mombasa Road at around 5am.

Other than causing death by dangerous driving, the former prison officer was charged with failing to stop after an accident and giving false information to a police officer.

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