Blog Page 253

UNION SEEKS TO STOP ACQUISITION OF AIRPORT.

By Nairobi Times -
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Jomo Kenyatta International Airport(JKIA).

BY SAM ALFAN.

Kenya Aviation Workers Union has moved to court seeking orders to suspend Kenya Airports Authority and Kenya Airways PLC from implementing of any decision regarding the acquisition of Jomo Kenyatta International Airport(JKIA).

In a certificate if urgency filed by the workers union also wants the court to issue orders directing KAA, KQ, Transport CS , Treasury CS and Attorney General to stay the implementation of any decision regarding the acquisition, takeover, and privatisation of JKIA by Kenya Airways or its related companies and subsidiaries pending hearing and determination of the petition.

“That Pending the hearing and determination of this Application inter parties conservatory orders do issue and be directed to the Respondents, their agents or anyone authorised by the respondents or acting under the respondents to stay the implementation of any decision concerning any arrangement under the Public Private and Partnership Act between Kenya Airways or any of its subsidiary companies on one hand and Kenya Airports Authority on the other hand regarding Jomo Kenyatta International Airport by Kenya Airways,” said the Union in their court papers.

Through lawyer Peter Wanyama, they want the court to suspend the implementation of any decision regarding the acquisition, takeover, and privatisation of Jomo Kenyatta International Airport by Kenya Airways or its related companies and subsidiaries.

Union further wants the court to issue conservatory orders to stay the implementation of any decision concerning any arrangement under the Public Private and Partnership Act between Kenya Airways or any of its subsidiary companies on one hand and Kenya Airports Authority on the other hand regarding JKIA.

According to their court papers,they argue that on October 5, 2018, the Managing Director, Kenya Airways wrote to the Managing Director, Kenya Airports Authority (KAA)stating that it had been proposed that KQ and KAA enter into an agreement that will result in KQ operating, maintaining, developing, constructing, upgrading, modernising, financing and managing Jomo Kenyatta International Airport based on the Public Private Partnership (PPP) Model.

They claim that the language and tone of the letter indicated that KAA was only required to accept the proposal and that there was no option for rejecting it.

“In the Executive Summary, Kenya Airways proposes a takeover of the JKIA operations and management, through a thirty-year concession agreement. That the objective of the takeover is to ensure efficiency of both JKIA and Kenya Airways operations by central management to leverage on possible synergies,” say the union.

The Union further claim that, under the Proposal by Kenya Airways, a Special Purpose Vehicle shall be formed to operate, manage and develop JKIA and that Kenya Airways and the SPV shall be managed under one management structure while the rest of the airports in Kenya shall continue to be managed by the Kenya Airports Authority.

Among other things, the SPV shall oversee, operate, maintain and develop JKIA, Operate and control JKIA’s assets, revenue sources (both aeronautical and non-aeronautical) and operating costs, ensure compliance with local, regional and international standards and norms, Collect charges for the use of JKIA by various users.

They also claim that , the proposal states that all current JKIA staff shall be seconded to the SPV on the same terms they are currently employed in for a period of twelve months.

It is also claimed that once the secondment period is over, Kenya Airways shall transfer the employees to the SPV, and that Kenya Airways shall have the right to choose employees who receive the transfer proposal.

“Those that shall not be chosen by the Proponent shall then be transferred/reallocated by KAA to other airports and airstrips. The responsibility for costs for potential redundancies of employees not willing to be seconded or transferred to the SPV shall be defined by the parties during the negotiations,” state the court documents.

JKIA is maintained and operated by KAA and accounts for nearly 83% of KAA’s revenues and 51% of the recurrent expenditure and therefore if JKIA is handed over courtesy of the concession, it will be very difficult for it to meet its legal and financial obligations to its stakeholders and even the employees working at and who may eventually be absorbed by other.

They add that few members of the top management of KAA and the Ministry responsible for infrastructure are in a hurry to complete the transaction.

“They don’t want to involve key stakeholders in the decision-making process. They also don’t want to open up the transaction for public debate, scrutiny and participation,” said the Union.

They argue that JKIA is such an important national asset for the people of Kenya. It cannot be taken away ( through any arrangement) and given a private entity without any prior meaningful and qualitative public participation.

They say the decision should also be approved by Parliament.
The Union also claim that the union has learnt that the KAA, KQ and Transport ministry are at a very advanced stage of taking over JKIA. The process could be completed in April 2019.

“The respondents should hurry the process without addressing fundamental questions as KQ owes KAA nearly Sh 4 Billion Financial,” says the union.

JKIA is the most profitable airport in Kenya. It accounts for nearly 90 % of KAA’s revenue stream.

“That the proposed transaction is an oddly unique one which is Ideally in a Public Private Partnership Transaction the private entity constructs and provides the infrastructure to the public entity at a fee. But in the KQ/KAA deal the private entity is taking over a strategic public asset without paying anything,” they further says.

The union further claims that the main objective of the take over is to allow the private entity (KQ) to make profit.

“Why are the respondents using a public asset to benefit private companies that own KQ without any form of consideration? is this not a back-door privatization?”poses the Union.

It is said that KQ will principally operate JKIA which means KQ will oversee collecting fees from other operators.

The claim the move is not anti-competitive and unconstitutional as KQ has intrinsic financially problems that have arisen from bad management decisions.

GARISSA SCHOOL SUE KNEC OVER EXAM CANCELLATION.

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The principal of Ikhlas High school in Garissa together with some of the 215 students who were affected by decision of Kenya National Examination Council to cancel the school’s 2018 results outside Milimani Law Courts after filing a case against KNEC./PHOTO BY S.A.N.

BY NT CORRESPONDENT.

Over 120 students from Intergrated High School in Garissa County have sued the Kenya National Examination Council for cancelling their examination results of 2018.

In a certificate of urgency filed before the High Court in Nairobi by the students through Abdirazak Omar Ibrahim on behalf of other affected parents says that there could been no irregularities or malpractices at the school with the heavy presence of relevant government agencies, security agencies and other institutions involved in the examination administration.

” During the examination the school adopted various measures to ensure that there was no malpractices including not limited to assigning five students different rooms which were manned by competent investigators and security agents” the parent says.

The parents of the 125 students now seeking intervention of the court in order to quash the decision of KNEC and it be compelled to remark the examination.

They are further urging the court to compel KNEC to provide their marking reports for English 101, Chief Investigator’s report, the chief examiner report and KNEC investigation reports and any other relevant material relied to cancel the results.

According to the court documents the aggrieved school through lawyer Evans Mirieri, says that the 125 students an like other candidates who sat the sat the examination in 2018 expected the results to enable them join other institutions of higher learning.

Lawyers says that on December last year KNEC wrote a letter to the school management to effect that the 125 students from the institution were found to have engaged in examination irregularity and that their results were cancelled.

Mirieri claims that the students were not accorded an opportunity to defend themselves as required by law.

“Attempt by the parent in a letter dated January 4, 2019 seeking review of the decision to cancel the examination result was declined by examiner,” says the petitioner.

ACCOUNTS OF DAAYO COMPANY FROZEN OVER PURCHASE OF WAJIR GOVERNOR VEHICLES.

By Nairobi Times -
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Wajir Governor Mohamed Abdi.

BY SAM ALFAN.

 

Bank account of Daayo Construction and General suppliers has been frozen pending investigation into purchase of two motor vehicle for Wajir Governor Mohamed Abdi.

High Court ordered the said company account at Kenya Commercial Bank Wajir branch be frozen for six months pending investigation on alleged misappropriation of money meant for purchase of two motor vehicles for Wajir Governor at a cost of 26 million.

The court also ordered account of Fine Trust Construction Limited at Kenya Commercial Bank Wajir branch frozen for six months.  12 million paid for the purchase of governor vehicle was transferred to the company.

Justice Hedwig Ong’undi further ordered Toyota Land cruiser  VX 8 LC 200 SERIES KCQ 004U should not be disposed of in any manner whatsoever for six months.

The Judge further ordered the said Governor’s Toyota Land cruiser  VX 8 LC 200 SERIES KCQ 004U be immediately placed in the custody of Ethics and Anti-Corruption Commission for inspection and valuation pending conclusion of the investigations.

This is after EACC moved to the high court Anti-Corruption court seeking orders to prohibit Daayo Construction & General Suppliers Ltd and Fine Trust Construction Co. Ltd from disposing,  wasting, dealing or transferring money in the Kenya commercial bank Wajir branch for period of six months.

The agency also applied for Cosmos Cars Limited barred from disposing,  wasting, dealing or transferring Toyota Land cruiser  VX 8 LC 200 SERIES KCQ 004U.

According to affidavit by investigating officer Eric Otieno, he said they are investigating allegations that 26 million public funds intended to purchase two vehicles for Wajir Governor were misappropriated.

EACC is also investigating the tender number WCG/T/416/2017-2018 which they suspect was irregularly awarded to Daayo Construction & Suppliers limited who directors are Ahmed Abdi Jimale and Osman Abdi Jimale .

The expenditure of 26 million to purchase two motor vehicles for the Wajir Governor were not budgeted in the financial year 2018/2019.

“We obtained warrants to investigate Daayo Construction & Suppliers limited Kenya Commercial bank account wajir branch and established that the county Government of Wajir had transferred 26 million to Daayo account on 2.7.2018,” said EACC investigator.

They adds that on 3.July.2018 Daayo Construction & Suppliers limited transferred shilling 14 million to Cosmos Cars Limited ostensible  to purchase the motor vehicles sought by the Wajir County Government and remained with with 12 million.

On 3.7.2018 Daayo Construction for unknown reasons irregularly transferred the balance of 12 million to Fine Trust Construction Co. Ltd thereby fully expending the 26 million advanced by the county government.

Fine Trust Construction Co. Ltd director is Yasmin Jama Abdullahi, wife to Osman Abdi Jimale of Daayo Construction & General Supplies Ltd.

“There was no consideration for the shilling 12 Million transferred to the Fine Trust Construction Limited by the Daayo Construction & Suppliers Limited and I have reason to believe that this fraudulent transaction was intended to embezzle funds belonging to the County Government of Wajir,” added investigator.

On 4 of July, 2018 Daayo Construction & Suppliers Limited and Cosmos Cars Limited entered into an Agreement of Sale for the purchase of motor vehicle registration number KCQ OO4U chassis number URJ202-4147576 engine number 1UR-0675846 Toyota Land Cruiser VX 8 LC 200 Series at a cost of shilling 14 Million.

” I believe the purchase price of shilling 14 Million for a used motor vehicle is grossly inflated and intended to deprive the County Government of Wajir of the true value for its money,” added investigator.

They said as of 23.January.2019 motor vehicle KCQ OO4U Toyota Land Cruiser VX 8 LC 200 Series has not been transferred to the County Government of Wajir and is still registered in the name of the Cosmos Cars Limited according to the National Transport and Safety Authority (NTSA) Motor Vehicle Records.

The investigator further added that Daayo Construction & Suppliers Limited has only procured one used motor vehicle on behalf of the County Government of Wajir instead of two  motor vehicles as prescribed in the Tender Award document.

The agency suspect that the the company intended to defraud the County Government of Wajir of shilling 26 Million made up of motor vehicle Toyota Land Cruiser VX 8 LC 200 Series and the shilling 12 Million transferred to the 2nd Respondent by the 1st Respondent.

WOMEN CHARGED WITH DRUGGING CITY BUSINESSMAN. 

By Nairobi Times -
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Joyce Britney Njoki Kagethe alias Cynthia Mutheu Mwange and Florence Wangari Kamunge alias Sylvia Sindioye Kamau who appeared before Milimani magistrate court where they pleaded not guilty for drugging businessman on Wednesday February 13,2019./PHOTO BY S.A.N.

BY NT CORRESPONDENT.

Two women have been charged before a Nairobi Court with drugging a businessman in a city club and robbing him of his property Worth over Sh 1.9 million.

Joyce Britney Njoki Kagethe alias Cynthia Mutheu Mwange and Florence Wangari Kamunge alias Sylvia Sindioye Kamau who appeared before Milimani Chief Magistrate Francis Andayi denied the charges of stupefying a person and conspiracy to commit a felony.

The prosecution alleges that on or about January 17,2019 at unknown place jointly with other not before conspired to stupefy (drugging) in order to commit a felony.

The duo also faced another charge that on the night of 16 and January 17, 2019 at Ngei 2 estate in Langata with intent to steal administered unknown stupefying chemical substance on businessman Fredrick Omondi Okati.

Joyce alone was charged that that on January 17,2019 tat Ngei 2 estate in Langata unlawful transferred sh 1,940,000from Okati’s account (Starbic Bank) which she then transferred into several accounts held at Equity bank ,Family and Mpesa accounts.

She also accused of transferring over 9000 shilling from Okati’s Mpesa to other several Mpesa accounts.

Joyce is further charged that on February 12, 2019 at Great wall apartment face 2 in Mlolongo having detained by two police officers had in her position of one blister pack containing seven tablets of Rohypnol one milligram, in preparation to stupefying in order to commit felony.

She is further accused of stealing personal belongs of the Omondi including phone and one ATM card.

It is said that during arrested the the accused was also arrested with the said phone and ATM.

Florence alone was charged with handling stolen property after being found in possession of identity Card in the name of Sylvia Sindioye Kamau suspected to be stolen.

The magistrate released the two on separate cash bail based on the charges facing them.

Joyce was granted a bond a cash of Sh 500,000 while Florence was released on a cash bail of 200,000.

Police alleges that the two accused persons and the victim met at Steak house Club where he was having drinks with his friends.

At around 11:30 pm Okati informed his friends he is leaving and Joyce also made the same decision.

So it is at this moment when the complainant called a tax to take him home ,she also alleged she was heading same direction and requested they share taxi.

It is said that on the way Joyce insisted they make a stop at Rafikiz club and have one more drink.

Investigations reveal that they shared the first drink but while taking the second drink he started feeling dizzy and therefore went to his house together.

Okati is said to have woken up the next day at midday still feeling dizzy and Joyce was no where to be seen.

He told police the last thing he remembers is getting to his home with Joyce and lying on his bed.

He later found out that his cash, personal items and other house goods were missing

OUTGOING SWAZURI STOPPED FROM CONVENING ANY NLC MEETINGS.

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Outgoing National Land Commission Mohammed Swazuri.

BY SAM ALFAN.

Outgoing National Land Commission Mohammed Swazuri has suffered major blow.

This is after High Court decline to allow him to convene commission’s meetings.

High Court Anti-Corruption Presiding Judge Hedwig Ong’undi ruled that holding of meetings is purely internal matter and personal to NLC and the court would not want to turn itself into a supervisor of the National Land Commission’s internal affairs.

“I decline to grant the orders sought. The application lacks merit and is dismissed,” ruled Ong’undi.

The judge said that there was no new material that has been presented before and the issue of of Swazuri and other commissioners vacating office on February 19 this year or there about is not anything new.

“They new it even before being charged before the Anti-Corruption court,” she said.

The judge said Swazuri wants to put the court in what could turn into a parallel proceedings before the court and trial court “I will not allow that,” said Ong’undi.

Swazuri filed application before High Court Anti-Corruption court seeking to set aside decision by the trial court barring him to convene the commission meetings.

He applied to convene commission meetings whose members include seven witnesses in a case where the chairman and sixteen others are facing charges of conspiring to defraud the government shilling 221 million and abuse of office charges.

In his application he claimed that their term ends on 19 of February this year and the commission needs to convene meetings and prepare to handover and transition together with other commissioners.

Prosecution opposed Swazuri application saying he has not made any basis for review trial court decision. They said Swazuri should not be allowed to renege on his own undertaking which was not influenced.

She further said upon Swazuri return to the office , the said office was broken into and material documents and evidence was stolen

Prosecution added that Swazuri is not the office he holds and the order for him not to interfere with witnesses cannot bring the office to a halt. They further added that there was a great fear of his interference with witnesses if the application is allowed.

ASSETS RECOVERY WANTS PROPERTY AND SH10.5 MILLION PROCEEDS OF CRIME FROM BUSINESSMAN FORFEITED.

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Businessman businessman Joseph Wanjohi and and his wife Jane Wambui Wanjiru before court./FILE PHOTO.
BY NT CORRESPONDENT.

Assets Recovery Agency has filed application before court seeking orders to forfeit shilling 10.5 million and luxury cars proceeds of crime from businessman Joseph Wanjohi and his wife.

“Issue an order declaring that a total of shillings 10,589,069.9 held in account in the name of Joseph Wanjohi at Barclays Bank Moi Avenue, and in the name of Sidjoe Manufacturers and suppliers at Barclays Bank Muthaiga North Branch Nairobi are proceeds of crime and therefore liable for forfeiture to the state,” urge Assets Recovery Agency.

The agency through Senior assistant state counsel Mohammed Adow,  wants the court to declare motor vehicle KBU 940W Ranger Rover sport , Station Wagon and KCD 299H Mercedes Benz , DBA 207347 Saloon as proceeds of crime and therefore liable forfeiture to the state.

The agency further seeks the following parcels of land The said land’s as per the court order are L.R NO.27981/7, I.R 122131/65 ,L.R NO. 16217/87/17,I.R 90025 , L.R.NO. 27981/8 and I.R 122131 registered  in the name of Marudiano  Zone Limited the company associated with businessman forfeited to the state since they are proceeds of crime.

The agency also wants shillings 575,882,20 held in account in the name of Joseph Wanjohi held at Barclays Bank Moi Avenue branch , Nairobi forfeited to the state.

Shillings 10,013, 187,60 million in the accounts of the businessman business Sidjoe Manufacturers  and suppliers held at Barclays bank Muthaiga North branch forfeited to the state.

Assets Recovery wants the court to issue an order that all the above funds , motor vehicles and properties be forfeited to the Government of Kenya and transferred to the Assets Recovery Agency.

Adow urge the court to issue orders to facilitate the transfer of the property forfeited to the government.

According to affidavit sworn by agency investigator Corporal Fredrick Muriuki , Joseph Wanjohi and his wife Jane Wambui Wanjiru are directors of Siddjoe Manufacturers and Supplirrs and Marudiono zone limited.

Following the arrest of Joseph Wanjohi and his wife Jane Wambui Wanjiru  on 12 of July  2018 at Muthaiga North, the two were charged  on 13 of July 2018 with various offences including being in possession of  Wildlife Trophy contrary to the provisions of the Wildlife Conservation  and Management Act, 2013 in the Senior Principal Magistrates Court at Jomo Kenyatta International Airport.

The Assets Recovery Agency commenced investigations to recover the said proceeds of crime accrued by Wanjohi and his wife through the illegitimate trade of trading in wildlife trophies and narcotic drugs in exercise of its mandate.

Investigator say during the arrests, a search was conducted at the residence of the couple and four (4) pieces of elephant tusks, assorted alcoholic drinks, cash totaling to Kshs 469,000/=, motor vehicle registration number KCD 299H, mobile phones among other items are recovered from the their Muthaiga North Parkside Drive House.

On 6 of August the Agency received information that the couple acquired massive assets/properties using proceeds obtained from the illegitimate trade of wildlife trophies and narcotic drugs and received in the above mentioned bank accounts funds suspected to be proceeds of crime.

The Agency opened an Inquiry to investigate and inquire into the activities in the above accounts for the purpose of ascertaining whether they hold any funds that are proceeds of crime.

Investigations established that the assets, properties and funds in the above accounts are proceeds of crime obtained from the illegitimate trade of wildlife and narcotic drugs.

The investigations further established that the couple jointly acquired massive assets or properties using proceeds from the illegitimate trade of wildlife trophy and narcotic drugs and registered in their names and under the name of Marudiono Zone Limited so as to conceal and disguise the source of the funds used to procure the said assets.

Investigator further say investigations established that there are reasonable grounds to believe that the assets or properties and funds in the above accounts are obtained through the trade of illegitimate trade of wildlife trophies, drugs and illegal substances and the Respondents have not given any reasonable explanation to prove any legitimate source of the funds.

The agency further investigations have revealed that the assets or properties and funds in the above accounts were unlawfully acquired hence proceeds of crime contrary to the Provisions of Proceeds of Crime and Anti-Money Laundering Act, 2009.

“There are reasonable grounds to believe that the accounts are holding Proceeds of Crime contrary to provisions of Proceeds of Crime and Anti-Money Laundering Act, 2009 and are used as conduits of money laundering contrary to Sections 3, 4 and 7 as read together with Section 16 of the said Act,” say the agency.

Adow argue that unless the court grants the orders sought, the economic advantage derived from the commission of crimes will continue to benefit a few to the disadvantage of National security,

interest , economy and general interest.

On 15 November 2018 the couple appeared before the investigating team for statement recording and their statements were recorded and analysing of the statements recorded from the both does not satisfactorily explain the source of the funds used to procure assets in issue and funds in the identified bank accounts.

The statements of the couple contradict each other although they claim to own and run jointly their businesses and investigators findings in that their explanation depicts activities of a typical money laundering activities.

“Our investigations established that the mules acquire, convey, sell and distribute the narcotic drugs and wildlife trophies for and on behalf of the 1st and 2nd Respondents within and outside Kenya,” say the investigator.

The allegations by the two of constantly changing their businesses and creating entities is an indication of their effort and intentions to conceal, hide and disguise the benefits they derived from the illegal trade of narcotic drugs and wildlife trophies.

They claim that the two have expanded their illegitimate trade of prohibited wildlife trophies and sell of narcotic drugs while using mules and proxies.

They allege the couple have  criminal activities of the 1st and 2nd Respondents are threat to national security, public good and order, public interest and leads to erosion of societal good values by rendering the youth of this Country unproductive hence leading youth to be susceptible to hard core criminal

He argue that unless the court issue the orders sought, economic advantage derived from the commission of crimes will continue to benefit a few to the disadvantage of the National security, interest ,economy and the general public interest.

There is an international obligation every state to combat illicit trafficking of narcotic drugs and psychotropic substances, transnational organized crime and laundering of proceeds of crime by proper implementation of their national domestic laws.

Last year November,  High Court issued orders restraining businessman and two companies from withdrawing 10.5 million from their accounts.


Anti-Corruption court further ordered the businessman to surrender his two luxury cars to the Director of Criminal Investigation George Kinoti within seven days failure to which DCI should seize and detain them.

Justice Hedwig Ong’undi issued orders barring Joseph Wanjohi ,Jane Wambui Wanjiku , Sidjoe Manufacturers and suppliers and Marudiono zone Limited from transferring , transacting , withdrawing , using  and other dealing in respect of funds held at Barclays Bank Muthaiga and Barclay’s Bank Moi Avenue.

“Kshs. 10,013,187,60 held in account in the name of Sidjoe Manufacturers and suppliers held at Barclays Bank Muthaiga North Branch Nairobi”. Ordered Judge Ong’undi.

The court also issued preservation barring businessman Joseph Wanjohi from transferring or withdrawing the money in his account.

” Kshs. 575,882,20 held in account in the name of Joseph Wanjohi held at Barclays Bank Moi Avenue branch , Nairobi”. Court further ordered.

The presiding judge further issued orders restraining transfer or sale of two luxury cars Range Rover KBU 950W and Mercedes Benz KCD 299H both registered under the name of Joseph Wanjohi.

The businessman was ordered to surrender the motor vehicles specified to the Director of Criminal Investigation Headquarters within seven days.

Mr Wanjohi was ordered to surrender th original logbooks of the motor vehicles to Asset Recovery Agency.

“In the event the respondents fail to surrender the above motor vehicles as specified , the Director of Criminal Investigation George Kinoti is hereby ordered to seize and detain the motor vehicles specified under order 3 above”. Ordered Judge Ong’undi.

The judge further ordered the Director General of National and Safety Authority to register caveats against the records of each of the motor vehicles.

The Anti-Corruption court further prohibited Joseph Wanjuhi ,His wife and two companies associated with him from selling or any dealing from four lands registered under their business Marudiano Zone Limited.

The said land’s as per the court order are L.R NO.27981/7 and I.R 122131/65 registered in the name of Marudiano Zone Limited.

L.R NO. 16217/87/17 and I.R 90025 registered in the name of Marudiano Zone Limited.

L.R.NO. 27981/8 and I.R 122131 registered  in the name of Marudiano  Zone Limited.

The Chief Land Registrar is hereby ordered to register caveats against the records of each of the properties.

Orders were issued against each one of the respondents , their agents,servants or any other persons acting on their behalf prohibiting the sale transfer or other dealing with Wanjohi’s luxury cars .

SWAZURI BARRED FROM ACCESSING NLC OFFICES AND WITNESSES.

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National Land Commission outgoing chairman Mohammed Swazuri.

BY SAM ALFAN.

National Land Commission outgoing chairman Mohammed Swazuri has been barred from accessing NLC office pending hearing and determination of the application.

Nairobi Anti-Corruption Chief Magistrate Douglas Ogoti further barred Swazuri from contacting any witness in the case.

He certified director of public prosecution application urgent saying it is a matter of public interests.

This is DPP filed an application seeking Swazuri bail terms of NLC chair Mohammed Swazuri cancelled for allegedly interfering with witnesses.

The DPP also wants Swazuri restrained from setting his foot at the commission premises pending hearing and determination of during of the matter unless accompanied by EACC officer on grounds that his conduct has proved to be extremely detrimental to the NLC and threatens public interest.

Swazuri is accused of interfering with the operations of the commission by taking actions that go against the express of the court.

“The respondent has engaged in conduct that compromises the interests of NLC and has acted in outright conspiracy with known individuals and has had the temerity to enter into consents in court with the said individuals to the detriment of the commission,” said the prosecutor.

It alleged that the conduct of the respondent including his agitation to have total control of the activities of the commission despite having been charged and the interference and the said documentary exhibits should warrant the cancellation of his bail terms.

The state further states that it is in the public domain that as soon as Swazuri was allowed access to the commission’s offices, subject to his undertaking, the said offices were broken into and material documents and other evidence were stolen.

“There is basis for allowing this application and granting the orders prayed for as there is continued intimidation and interference with the witnesses, more so the commissioners, which would lead to the continued compromise of the justice of the case.

TERROR SUSPECTS MADE HUGE WITHDRAWALS UNDER MANAGER’S WATCH, ATPU SAY.

By Nairobi Times -
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Diamond Trust Bank Eastleigh Branch Manager Sophia Njoki Mbogo who among suspects being investigated over terrorism related offences over Dusit Complex terror attack

The suspect was in contact with well known terrorists in Somalia.

BY SAM ALFAN.

Anti-Terrorism Police has detailed how massive withdrawal of money was made by terror suspect under watch of Diamond Trust Bank Eastleigh Branch Manager linked to Dusit D2 terror attack

While responding to application filed in the high court seeking to set aside 30 days detention order by the trial court that detained Diamond Trust Bank Eastleigh Branch Manager Sophia Njoki Mbogo, detectives say the suspect is being investigated over terrorism related offences.

She is detained along side Hassan Abdi Nur , Ismael Sadiq Abitham , Ali Khamidi Ali, Abdinoor Maalim Osmali and Abdullahi Muhumed Hassan, investigators say they have uncovered daily massive withdrawal made by Hassan Abdi Nur

They say Sophia in her capacity as the branch manager failed and neglected to file suspicious transactions as required under the laws in relations with money laundering and countering Terrorism financing .

“Under her capacity as the branch manager she failed and neglected to ensure the said Hassan Abdi Nur particulars were verified to confirm if he was indeed the one withdrawing the money and if correct particulars had been provided,” Said ATPU Inspector Monica.

In the court documents filed today, they say that the Mpesa agents who is also a Catholic University Law students Hassan Abdi Nur was in contact with several known terrorists based in somalia which include Faisal Mohammed Digale who was involved with the main attacker during the Garissa university college terror attack.

The till operator Hassan Abdi Nur withdrew the cumulative huge amounts of cash at Diamond Trust Bank (DTB) Super Agency (Eastleigh Branch) where Sophia Njoki Mbogo is a branch manager.

According to the financial documents seen by NairobiTimez.co.ke, withdrawal of shillings 37,555,000 million was withdrawn from account ….. between the months of August 2018 and January 2019. Shillings 35,145,000 million if the money was withdrawn in December 2018 and early January this year.

The documents further indicates that in twelve occasions between December 5,2018 and January 4,2019 more than 1.2 million were withdrawn from the said account. According to the data , it appears that between August and November withdrawals were between shillings 95,000,00 to 500,000,00.

The most shocking revelation, in January shillings 5,300,000,00 million was withdrawn within 20 minutes and 50 seconds through 14 transactions..

Other shillings 4, 570,000,00 million was withdrawn on January 3, this year within 18 minutes and 7 seconds through 12 transactions between 09:15:43 and 09:33:50 time.

According to investigators documents, further shilling 3,300,000,00 million was withdrawn within 11 minutes 44 seconds on December 31 through nine transactions.

Hassan Abdi Nur is said to have registered fifty two (52) accounts out of which forty seven (47) Sim card were registered during the month of October , November and December 2018 by same agent Alasland Agencies Limited operated by Nur.

According to the number of Mpesa Agency Customers Transactional slip which were filed by the said Hassan Abdi Nur, he provided a totally different Mobile number which is registered under the name of Adan Mohamed Abdi.

Nur have three registered numbers and none of them which are registered under the till number …… were ever geo-located near the Diamond Trust Bank (DTB) Super Agency (Eastleigh Branch) Super Agency number …. at the time the huge withdrawals were being done.

According to the information so far received by investigators show that the forty seven sim cards (Mpesa accounts) received funds from two hundred and seventy (270) senders who are all based in South Africa and intiated withdrawals at Alasland Agencies Limited Till number …..operated by Hassan Abdi Nur.

“The said Alasland Agencies Limited Till number …. facilitated the withdrawal of the e-value , however no cash was given to customers. The said Hassan Abdi Nur who operated the Till, signed the Mpesa log book,” investigators told the court.

He was also in contact with Abdikarim Hussein Mohamed and Adan Hassan Hillow who were involved in the roysambu terrorist incident in December 2010 where two traffic police officers were killed after a grenade was thrown at them.

Inspector Monica Githiaga further said ATPU Headquarters conducting forensic examination of over 100 phones in order to enable the team of investigators the same without doubt and it takes time.

She added that they are currently analysing over seventy five Mobile numbers , Mpesa records , several hundred pages of call data records and will take time.

Prosecution urged the court to dismiss the banks brach manager Sophia Njoki Mbogo and allow police to complete investigations to reveals the people who facilitated, abetted and aided terrorism.

They said the applicants is being investigated over terrorism among other offences.

RUIRU TRADER CHARGED IN SH22 MILLION FRAUD CASE.

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Ruiru Dominic Njunguna Kiarie before Nairobi Court.

BY NT CORRESPONDENT.

A Ruiru businessman has been charged in a Nairobi court with conspiracy to defrauded Sh 22 million from a woman pretending he would sell her a parcel of land.

Dominic Njunguna Kiarie who appeared before magistrate Francis Andayi denied the fraud charges.

The court heard that on or about June 19, 2015 at unknown place the accused person jointly with others not before court, with intent to defraud, conspired to defraud Jane Muthoni Mwangi Sh 22 million by pretending he was in a position to sell her a parcel of land measuring 0.2001 hectares located in Runda, a fact he knew was false.

He also face another charge that on diverse dates beween May 21,2015 and February 26, 2016 at Kenya Commercial Bank Kiambu branch, jointly with others not before court, obtained the said money from Mwangi by pretending to sell the land.

Njuguna is also accused that on unknown dates jointly with others not before court, with intent to defraud and without lawful authority or excuse, made Identity Card in the name of Nancy Wamaitha Maina by purporting of to be a genuine card issued by the National Registration Bureau.

The is also charges with forging a title deed purporting it to be engine certificate of title signed by Joseph Kamuyu, a registrar of titles.

He was released on a cash bail of Sh 2 million and a bond of Sh 3 million.

ROSEMARY ODINGA PERSONAL ASSISTANT CHARGED WITH THEFT.

By Nairobi Times -
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Opposition leader daughter Rosemary Odinga personal assistance John Ayub Oduor with his wife Christine Jane Anyango before Nairobi Court on Monday February 11,2019./PHOTO BY S.A.N.

BY SAM ALFAN.

A Personal Assistant with ODM Leader Raila Odinga’s daughter Rosemary has been charged before a Nairobi Court with stealing cash Sh 245,000.

John Ayub Oduor is charged alongside and his wife Christine Jane Anyango before Milimani Chief Magistrate Francis Andayi were they denied the theft charges levelled against them by the state.

Prosecution alleges that on or before November 15, 2018 at unknown place the couple jointly conspired to steal Sh 245,000 the property of Rosemary Adhiambo Odinga from her NIC bank account.

Oduor is alone also accused that on diverse dates between November 15, 2018 and February 5, 2019 at Karen in Nairobi, stole cash 245,000 from Rosemary.

Anyango is accused that on the same date at Target Network Limited in Nairobi, unlawfully made use of a National Identity card in the name of David Munyasia Peter and registered Safaricom Simcard and Mpesa.

The magistrate ordered each of the accused persons to be released on a bond 200,000 or a cash bail of 100,000.

The opposition leader daughter reported that on February 5 this year, she realized that there fraudulent withdrawals from her NIC account domiciled at NIC bank , ABC branch.

The fraudulent withdrawals amounted to shilling 275,000 and were channeled to safaricom number.

Investigation revealed that Oduor acts as the complaints personal assistant sometimes in the month of September called the second accused and instructed her to register Safaricom line for him.

Christine Onyango is the wife of Oduor and operates a Mpesa shop. She registered the line in the name of David Munyasia Peter and threw the ID away.

Oduor helps Rosemarry to make transactions from her NIC bank Mobile application. While helping her from November 2018 to February 2019 to make M-banking transactions, the second accused sent the 275,000 fraudulently to safaricom number and later withdrew the money at his wife’s Mpesa shop.

First accused was arrested while reporting at work by Banking Fraud Investigative Unit (BFIU)officers and led the officers to his wife Mpesa shop where she was arrested.

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