Blog Page 257

NTSA OFFICIAL DETAINED OVER DUSITD2 TERROR ATTACK.

By Nairobi Times -
0
Employee of National Transport Safety Authority Augustine Mulwa Musembi who has been detained for 30 days in connection with DusitD2 terror attack.

BY NT CORRESPONDENT.

An employee of National Transport Safety Authority has been detained for 30 days in connection with DusitD2 terror attack.

This is after police urged a Nairobi Court to grant them more time to continue holding Augustine Mulwa Musembi who was arrested due to possible involvement in aiding and abetting a terrorist attack that took place at Dusit Hotel Complex Riverside in Nairobi to enable them conclude the probe

Anti-Terrorism Police Unit informed the court that Musembi is believed to involved in a cartel of making motor vehicle license places.

The court heard that the ongoing investigations are complex and require more time to conclude since it involves a number of agencies as well as documents that are yet to be obtained and analysed.

According to affidavit filed in court by Inspector Monica Githaiga, she said Musembi phone has been forwarded to the ATPU ICT Lab for forensic analysis with view of extracting information which will be crucial to ongoing investigations.

Police further said a motor vehicle registration number KCN 340 E Toyota Ractis was used by the four gun men to get to Dusit Hotel Complex.

“It has been established that there is a different motor vehicle bearing the same registration number which was found somewhere in Kitengela within Kajiado county.

They told the court that one of the two number plate is either fake or was issued fraudulently.

Investigators said they needs time to visit NTSA offices to investigate the procurement process and recover all documents related to the production of the duplicate number plates.

They further added that they need time to consult Kenya Revenue Authority and NTSA to ascertain the true owner of the motor vehicle registration number KCN 340E Toyota Ractis.

Investigators say due to the nature of Musembi possible involvement and information received so far, in planning of terror attack show that he posses the capacity and financial muscle to interfere with investigations, arrest of their associates , plan more attacks , interfere with possible witnesses, obstruct with investigations and should remain in custody pending investigations.

The court heard that police are considering necessary to interview alot of staff at NTSA, KRA and Kenya Prison Services as well as collate and consider the requisite documentation.

LAWYER AND HIS CHINESE CLIENT CHARGED WITH STEALING 20 MILLION.

By Nairobi Times -
0
Chinese businessman Wang Liyong with his lawyer lawyer Vincent Mawira Marangu before Nairobi Court where they are charged with stealing 20 million on Tuesday January 29,2019.

BY NT REPORTER.

Nairobi lawyer and Chinese businessman have been charged with stealing 20 million.

Wang Liyong and his lawyer Vincent Mawira Marangu are accused that on diverse date between March 1 ,2017 and November 1,2018 in Nairobi with others not before court being an agent of LEI YUFANG the Director WH Harmony International Investment Company Limited stole 20 million property of LEI YUFANG.

They are facing several similar charges of forging a advocate signature.

They are also accused on unknown date and place jointly with others not before court forged signature of Geoffrey Njeru Mukatha , as stamp of advocate Mwangi J. Muraya and company seal of WH Harmony International Limited on a sale apartment block agreement purporting them to be genuine.

Prosecution accused them on unknown dates and place with others altered the clause shilling 30 million to read 50 million on page three of Joint venture agreement for sale of a property on Muchai road Nairobi.

They pleaded not guilty before Milimani Senior Principal Magistrate Peter Ooko.

They were released on a cash bail of 3 million and cash bail of 5 million.

JSC COMMISSIONER FAILS TO GET SH87 MILLION IN LEGAL FEES FROM NAIROBI COUNTY GOVERNMENT.

By Nairobi Times -
0
Judicial Service Commissioner Prof Tom Ojienda before the high court./FILE PHOTO.

BY SAM ALFAN.

Judicial Service Commissioner Tom Ojienda has lost his bid to compel Nairobi County government to pay him over Sh 87.3 million owed to him in legal fees.

This is after the High Court dismissed his application seeking orders to compel Nairobi City County Secretary and the Chief Officer to pay 87,378,487.75 million within 7 days being the decretal sum and accrued interests up to 28.03.2017 in respect of miscellaneous application No. 5 of 2016.

In his ruling Justice John Mativo said that Ojienda did not follow the right process to get an order compelling the county government to pay his legal fees.

Mativo said that Ojienda failed to table relevant evidence showing previous demand for payment, making it impossible to prove the county government refusal to pay him.

“I find and hold that the applicant (Ojienda) has not satisfied the conditions for the court to issue an order of notice to show cause to the respondents Nairobi city county Secretary, Chief Officer, Finance or county Treasury and an order compelling them to pay him the said sum. It follows that there is no basis at all for the Court to grant the order of Mandamus,” ruled the Judge.

While dismissing the application Mativo further noted that Ojienda did not table evidence in court showing that there was a prior demand for performance form the Nairobi County Government before filing the application.

“One would have expected a written prior demand for payment. This has not been annexed to the application. One cannot talk of a refusal to pay if there is no evidence of prior demand for the payment. There is no evidence that the Ruling and Reasons for Taxation, Certificate of Taxation and Decree done by the Registrar of the High court annexed to the application were served upon the Respondents prior to filing this application, ‘ ruled the Judge.

On September 25, 2018 Ojienda moved to court arguing that he had been awarded the Sh 87,378,487.75 after the court on March 29, 2017, ordered that the legal fees owed to him accrue interest of 14 per cent until he was paid in full.

Ojienda further applied that Nairobi County Secretary and Chief Office to pay addition interest on the said sum of Ksh. 87,378,487.75 at the rate of 14% from the 29.03.2017.

He also applied the said county officials to show cause why they should not be cited for contempt of court.

The lawyer was also seeking the court to make a compulsion order to have the Nairobi County Government pay him his fees plus the accrued interest.

The respondents namely Nairobi city county Secretary, Chief Officer , Finance or county Treasury had opposed the application on grounds that the application is pre-mature, misconceived, lacks merit, frivolous and an abuse of the court process. Nairobi County government through their lawyer further argued that they were not involved in the ruling that awarded Ojienda the hefty sum.

“The Respondents contend that committal proceedings ought not to issue against a party who was not a party to HCC Misc App No. 5 of 2016 and was not served with the order or decree as this will offend Articles 47 and 50of the Constitution,” said the court.

They further stated that the documents in support of the application, namely, the Ruling and Reasons for Taxation, Certificate of Taxation and Decree were never served upon the Attorney General contrary to Government Proceedings Act

ANGLO LEASING: APEX FINANCE PAID THOUGH CONTRACT BETWEEN SOUNDAY AND STATE.

By Nairobi Times -
0
Prof Jason Campbell Sharman testifying in the anglo leasing case before Nairobi Anti-Corruption Magistrate Court on Monday January 28,2019.

BY SAM ALFAN.

Cambridge University Money Laundering expert has told a Nairobi Anti-corruption trial court that no due diligence was observed in signing Anglo leasing contracts between the Government of Kenya and British firms.

Professor Jason Campbell Sharman at Cambridge University, Srinivasan, a resident of Switzerland said that companies linked to the ongoing Anglo leasing cases pending in different against the Kamani’s Family are shell firms and do not exist in law.

The UK based Sharman who gave expert opinion to EACC on the police contacts awarded to companies namely sound Day Corporation and Apex Finance Corporation and infotalent Limited linked to Anglo leasing cases where the government lost billions of shillings informed trial magistrate Felix Kombo that the three were shell companies and the Kamani’s were the beneficial owners of the same.

He said that Sound day Corporation company which had been awarded a contract to supply police security equipments at Euros 40 Million Euros (Sh3.8billion) was cooperated for money laundering and corruption in British virgin Ireland.

Sharma further informed the court that contract for modernization of police equipment was signed between government of Kenya and Sound Day Corporation but paid Apex Finance Corporation.

According to documents tabled in court Sound Day is one of the firms that has been linked to the Anglo Leasing cases, but Prof. Sharma said that he established that the Kamanis were the beneficial owners of the same company, which was to supply the police equipment and their link to Apex finance Corporation was to seek finance for the projects.

He said that from a resolution from board of directors of Sound Day Corporation that the beneficial owners are Rashmi Chamanlal Kamani, Deepak Chamanlal Kamani and Chamanla Vrajlal Kamani.

“This unambiguously demonstrates that the Kamani’s are the real actors in control of both companies and their bank accounts at Midland Bank,” said the expert.

Sharman was testifying in a case where the three businessmen namely Rasmi, Deepak and Chamanlal are charged alongside former Internal Security PS Dave Mwangi, former Finance Minister the late David Mwiraria, Joseph Magari and David Onyonka with Anglo leasing charges of conspiracy to defraud the government 40 Million Euros (Sh3.8billion). They have since denied.

The court heard that Sound Day Corporation on the other hand was incorporated on September 21,2089 in the British virgin Islands while Apex Finance Corporation is a shell company which was first incorporated in Mauritius on January 1998.

Sharman said that there was no document to demonstrate that the ghost company had a history of any business financing activity prior to the contract between Sound Day corporation and the Government of Kenya signed on December 17,2003 as alleged by the defence.

“This contract resulted to payment to Apex Finance Corporation dated March 23,2004 and later transferred on April 8,2004 as evidenced in the bank information available. For the government of Kenya to have signed a major financial deal with a company entirely lacking substance or track record, with so little duo diligence,” said the witness.

According to a report tabled in court prepared by the expert, showed that to bank account opening statements and the account statements Infotalent Ltd also had no history of any business activity prior to E-Cops contract with the Kenya Government that was signed on November 19,2003.

“Infotalent had no history of financial activity prior to the first payment from the government of Kenya to sign a major procurement and financing deal of Euros 59,688,250 with a company lacking in substance or business or financial track record, with so little due diligence, and such at disadvantageous terms to the Kenya, seems highly incongruous, as discussed in the Kenya National Audit Office report dated April 2006 prepared by the then Auditor General,” said the witness.

“Infotalent Ltd is a classic shell company in its lack of substance and its function in obscuring the identities of the real (beneficial) owners that was incorporated on July 1,2003 at British Virgirn Islands, said Sharman.

He said that it is clear that a declaration of beneficial ownership provided to HSBC Republic Bank(Suisse) that the real beneficial owners of infotalent are the Rashmi and Deepak Kamani as evidenced by their signed declaration and the passport copies provided proving their identities.

“Furthermore, it is clear that infotalent was established in such a way as to obscure the Kamani’s control over the company and its doings, specifically the directorship arrangements involved a chain of shell companies, rather that the Kamanis themselves,” said the expert.

The court heard that the existence of a shell company director belies the claim in Infotalent’s correspondence with the government of Kenyan 2003 that the director was a top US whistle blower Bradley Birkenfeld.

He said that the incorporation of Infotalent in British virgin Islands meant also that there was no public record of legal and beneficial ownership.

The court heard that Sound Day Corporation on the other hand was incorporated on September 21,2089 in the British virgin Islands while Apex Finance Corporation is a shell company which was first incorporated in Mauritius on January 1998.

Sharman said that there was no document to demonstrate that the company had a history of any business financing activity prior to the contract between Sound Day corporation and the Government of Kenya signed on December 17,2003 as alleged by the defence.

“This contract resulted to payment to Apex Finance Corporation dated March 23,2004 and later transferred on April 8,2004 as evidenced in the bank information available. For the government of Kenya to have signed a major financial deal with a company entirely lacking substance or track record, with so little duo diligence,” said the witness.

He said that he further also established that there was no due diligence and the contract entered between Kenyan government as the same had none competitive bid.

“The combination of all this made me conclude that the business of the companies was consistence with money laundering and corruption,” said Sharma.

According to the bank statements that he received during his investigation shows that most of the money paid to Apex Finance corporation was from Kenya government.

Sharman during examination by defence lawyer Ahmednasir Abdulahi said that he based his opinion on the report following documents he received from the Auditor General and the EACC.

He further said that he is not aware that the companies had from the year 1993 been supplying police security equipment to the government.

It is said that the government procurement for the police equipment became a high priority project after the bombing terrorist in US.

FOUR IN COURT OVER QUILTA KARMA MARSABIT CHIEF MURDER.

By Nairobi Times -
0
Doyo Galgalo, Galmo Guyo Galgalo alias Makanyangu, Bokayo Dida Boru alias Wabaro and Somo Huka Kanchoro who are linked to murder of a chief in Marsabit before a High court criminal division in Nairobi on Monday January 28,2019./PHOTO BY S.A.N.

BY SAM ALFAN.

Four people linked with killing a chief in Marsabit County have been produced before a Nairobi High Court.

Doyo Galgalo, Galmo Guyo Galgalo alias Makanyangu, Bokayo Dida Boru alias Wabaro and Somo Huka Kanchoro were presented in a Nairobi court from Meru law courts where the matter was first registered.

The four are accused of murdering George Godana Darara on 16th December 2018 at Gargasa area in Quilta Karma location in Marsabit Central.

The four suspects are alleged to have committed the offence jointly with others not before court.

The accused appeared Justice James Wakiaga who sought to know why they had been produced in before him and not Meru in regard with the jurisdiction.

The prosecution said that there was a lot of friction among communities in Marsabit and therefore Nairobi was the most prudent place to have the matter.

The defense lawyers however informed the court that Doyo, Galmo and Bokayo were charged in Meru where they denied the charges and were released on a Sh 300,000 cash bail.

Further, they accused the DPP of being unhappy with the bail terms and were therefore looking for a court where they would get stringent bond terms hence decision to have the Meru court discharge them after which re-arrest was done.

The fourth suspect was allegedly arrested on 17th December 2019 and has been in custody since then.

He is yet to plead to the charges on grounds that he has not been taken for a mental assessment test.

The defense further accused the DPP of withholding the assessment report and failing to file it in court.

Justice Wakiaga directed the prosecution to file and serve their response on the issues raised.

The matter will be mentioned on Tuesday 29th for further directions on plea taking and bond terms.

EABL USING POLICE FRUSTRATE OUR BEER BUSINESS, BEER  COMPANY TELL COURT.

By Nairobi Times -
0
Employee inspecting beer bottles.

They argue that police actions are based on malicious allegations by KBL that the FRM company is selling its products using their bottles.

BY SAM ALFAN.

A beer company has filed a suit in the High court seeking orders to quash the decision by Inspector General of Police to seize it Santa King Ice and other alcoholic beverages products.

FRM (BA) Packers Limited is also seeking orders to have IG prohibited from entering into premises of FRM Packers East African Limited, it suppliers , distributors , agents, searching, impounding or seizing Santa King Ice beverages or other products manufactured by the company.

The firm further also wants IG and DPP restrained from summoning, arresting, or charging FRM (BA) agents, employees, suppliers, distributors , retailers, carrying out further investigation or any further criminal prosecution in relations to Santa King Ice and their beverages products.

It if further seeking a declaration that Kenya Breweries Limited and East African Breweries occupy a dominant position in the beer market are abusing dominant in violation of section 24(2) of the competition Act.

The company is also want a declaration that the purported registration of initials EABL as a trade mark amounts to the use of an intellectual property right in a manner that goes beyond the limits of fai , reasonable and non-discriminatory use.

They are further seeking orders suspending all further prosecution FRM (BA) agents, employees, suppliers, distributors , retailers, carrying out further investigation or any further criminal prosecution in relations to Santa King Ice and their beverages products.

According to the court documents, the company says police in collusion with KBL have lodged a an onslaught countrywide campaign illegally and maliciously confiscating and detaining the FRM (EA) Packers limited products and harassing, intimidating , arresting and charging it agents , distributors and retailers who form part of its supply chain alleging the company products are counterfeit.

“FRM (EA) Packers Limited is apprehensive that it agents , distributors and retailers will continue to be exposed to incarceration with the intended consequences of unjustifiable loss of liberty and business,” says the beer company.

They claims that their products are duly licensed and the actions of the police and KBL are meant to stifle competition and drive them out of business.

FRM limited says that it has beer with the brand Santa King Ice which is sold in a universal brown bottles which are conventionally used worldwide by alcoholic beverage manufacturers.

They argue that police actions are based on malicious allegations by KBL that the FRM company is selling its products using their bottles.

The company argue that brown bottles are not available to any other beer manufacturer to patent or trademark.

“Use of brown beer bottles assumed usage long before KBL started using them and no party can claim any novelty or unique attributes of the bottle peculiar,” state the company.

They said KBL alleges that their bottles are embossed with the initials EABL yet they sell products using with engrave or un-engraved bottles which means that they re&use the bottles originating from them.

They told the court that KBL has tried in vain to obtain injunctive orders against their competitors in the industry over the use of the said bottles.

“They have now changed their tactics and are using the police and DCI to advance illegal and restrictive trade polices,” say the company.

The matter was certified urgent and directed to serve EABL.

THREE SUSPECTS IN CUSTODY OVER ITALIAN ABDUCTION.

By Nairobi Times -
0
Italian aid worker Silvia Romano

BY NT CORRESPONDENT.

Three terror suspects linked to abduction of Italian volunteer within Kilifi County last year have been detained for one month to enable police complete the investigations.

Mohamed Abdirahman, Aden Hassan and Ibrahim Ali are said to have been in constant communication with other several numbers which are in Somalia.

They are said to be involved in abduction of an Italian Italian aid worker Silvia Romano that took place on November 20, 2018 at Chaama village Kilifi County.

“The respondents were arrested due to their possible abetting and aiding the terrorist attack and abduction that took place on November 20, 2018 at Chaama Village Kilifi County,” said Investigation Officer Vitalis Kimutai.

At the time of the incident, eight 9mm spent cartridges, 3 bullet heads and a grenade pin were recovered.

Kimutai said they need to establish a connection between the three and their involvement to abduction of the lady.

The investigators said they require phone details of all the persons that the three have been communicating with both in Kenya and outside the country and it is important for them to be detained by Anti-Terrorism Police Unit (A.T.P.U) to enable detailed criminal inquiries to be carried out.

Intelligence report indicates that the suspects have other associates who assisted them in planning and executing the abduction within the country.

They are being investigated for several terrorism and related offences which are, conspiracy to commit terrorism act, provisions of property and services for commission of terrorist acts against the law and membership of terrorist group against the law.

The suspects are said to be flight risk and should remain in custody pending detailed investigations because they possess financial capacity to interfere with investigation.

“Based on the investigations and several leads being followed up by our team of Investigators, I and my fellow investigators require 30 days to pursue investigations,” said Kimutai.

Kimutai said that the activities of the terrorists and their associates poses a great risk to the national security and thus they should be investigated.

The three were arrested on January 18, 2019 in Garissa town while in possession of firearms despite not being licensed firearm holders.

One of the respondents is a Kenyan national.

Mohamed is said to have facilitated the movement of Hassan and Ali from Somalia to Kenya.

The police said that the initial investigations indicate a possible involvement of the respondents with the kidnapping of an Italian national in Kilifi town on November 20, 2018.

They said that it is necessary to confirm the source and intended use of the firearms in question.

They said the investigations are complex and require additional time and it involves a number of agencies and extends to other jurisdictions.

It is said that on November 20, 2018 at around 7:30 pm at Chakama village in Malindi sub-county, a report was made that there were eight armed gang men had invaded Chakama Trading Centre within Makongeni Sub-location, Lango Baya Division in Malindi Sub-County within KILIFI County.

EACC TO PROBE FOURTEEN MCA’s CONDUCT OVER SCUFFLE TO EJECT ELACHI.

By Nairobi Times -
0
Nairobi County Assembly Nominated MCA Mary Njambi at Embattled Nairobi County speaker Beatrice Elachi's office.

BY SAM ALFAN.

Fourteen Nairobi MCAs have suffered a major setback after they lost an attempt to stop the EACC from investigating the scuffle as they tried to eject embattled Nairobi speaker Beatrice Elachi from office last year.

This is after High Court dismissed application by the Nairobi County Assembly Members who were seeking to block summons issued by EACC.

Justice John Mativo ruled that the MCA’s did not establish any ground to grant prohibition orders barring the Anti-graft commission to summon them over their participation in impeaching former Nairobi County Speaker Beatrice Alachi.

“I find and hold that that the ex parte application have not established any grounds for this court to grant the orders of prohibition,” ruled Mativo.

This means that the MCAs are now subject to investigations by EACC over their conduct to impeach Elachi.

The fourteen MCA’s filed application in court on 19 of September last year seeking seeking orders to quash the summons dates 11 September 2018 by Ethics and Anti-corruption commission over their participation in the impeachment of the Nairobi County Assembly speaker.

MCA’s Peter Imwatok, Elias Otieno Okumu , Ibrahim Abdi Hassan, Leah Naikane Supuke ,Peter Wahinya Susan Makungu Kavaya, Laura Mwende Mwololo, Nancy Maole Grace Muthami, Mary Njambi,Doris Kanario Ngoyo and Ruth Ndumi Maingi applied for the high to quash summons dated 11 September 2018 by EACC requiring the clerk of the Nairobi County Assembly to provide it with privileged county assembly proceedings and information in relation to the impeachment of Speaker Beatrice Arachi.

They were also seeking for the high court to prohibit EACC from investigating them over their participation in the impeachment of the speaker.

The MCA’s argued that EACC summons were in violation and disregard with article 196(3) of the constitution and sections 10 and 11 of the county assemblies powers and privileges act.

They claimed that the commission has no powers to question legislative proceedings of the county assembly and by purporting to investigate parliamentary proceedings they went beyond their powers.

They argued EACC breached the laid down procedures of handling suspected cases of violation of privileges by Members of County Assembly and the commission usurped the role of the committee powers and privileges.

They further told the court the commission actions are illegal, unreasonable, malicious, abuse of office, procedure, in excess of powers and bad faith.

In a replying affidavit by the EACC investigator Eunice Hinga said the commission has the legal mandate of overseeing and enforcing the implementation of the leadership and Integrity Act.

She told the court that the fourteen being members of the county assembly and state officers are their conduct is subject to the chapter six of the constitution and are expected to respect the values, principles and requirements of the constitution.

The investigator further said the MCA’s were reported to have engaged and committed various acts inside and outside the office of the speaker at the Nairobi County Assembly on 10 of September at about 11:30 am wgich actions include causing commotion, shouting, wailing and forcefully gaining entry into the speakers office in a bid to forcefully eject her from the office.

“The incident was done publicly outside the Assembly debating chambers and was captured by both tge print and electronic media and reportedly depicts the MCA’s shouting, wailing and engaging in violent conduct directed at the speaker and staff in the speakers office,” said Hinga.

She added that the privileges and immunities of members of the county assembly does not apply to the conduct attributed to the MCA’s which borders on unethical conduct or of is criminal nature and the privileges and immunities of the MCA’s is limited to words spoken before or written report to the assembly or committee and the alleged conduct is not part of the debate in the assembly Chambers or committee and such actions do not enjoy immunity.

“The privileges and immunities essentially belong to the house as whole and individual members cannot claim privileges or immunity on matters that are unrelated to their functions in the house,” said Hinga.

Hinga added that the commission was not investigating speaker impeachment or their participation as they allege in their case but their conduct of the 10 of September 2018

THREE IN COURT OVER FAMILY BANK 294 MILLION ELECTRONIC FRAUD.

By Nairobi Times -
0
David Oluoch Okech, Hosea Jared Yimbo Ariwi, Directors of Rockollwell Company and David Kubai Thuita Kingori, Director Aviators Kenya Limited before Nairobi Court on Friday January 25,2019.

BY NT REPORTER.

Three people have been charged in connection with the Family Bank Sh 294 million electronic fraud.

The accused persons David Oluoch Okech, Hosea Jared Yimbo Ariwi, Directors of Rockollwell Company and David Kubai Thuita Kingori, Director Aviators Kenya Limited.

They are accused of altering data in the bank’s core banking system by altering 22 client’s prepaid card balances thereby causing loss of Sh 294,800,003 to the bank.

Okech and Ariwi were also charged with stealing Sh 5,915,000 from the bank on 19th January 2019.

Kingori also faced a lone charge of stealing Sh 950,000 from the bank.

He is facing an alternative charge of handling stolen property.

It is alleged that n 21 of January at Equity Supreme Bank in Nairobi, otherwise than in the cause of stealing, dishonestly withdrew Sh 818,500 knowing or having reason to believe it to be stolen.

The accused persons pleaded not guilty to all charges before Milimani Principal Magistrate Peter Ooko and were released on a cash bail of Shilling 1 million or bond of Shilling 2 million.

On 22 of January, John Kaburu Wakhungu was charged with the offence of electronic fraud.

Alternatively, he was charged that on 19 of January 2019 at Equity ATM KNUT house branch in Nairobi otherwise in the course of stealing dishonestly withdrew sh 280,000 knowing or having reason to believe to be stolen.

The two matters are set to be consolidated during the mention.

The case will be mentioned on 7 and will be heard on 28 February 2019.

AN ALLEGED TERRORISTS FINANCIAL SHIFT BLAME SAFARICOM COMPANY.

By Nairobi Times -
0
Hassan Abdi Nur, Ismael Sadiq Abitham , Ali Khamidi Ali, Abdinoor Maalim Osmail Abdullahi Muhumed Hassan and Sophia Njoki Mbogo (Diamond Trust Bank Manager).before a Nairobi Court.
BY SAM ALFAN.

A businessman believed to have received over  sh100 million to finance terrorism has shifted the blame to telecommunication giant Safaricom mobile service network.

In a replying affidavit filed before a Nairobi court by Abdinoor Maalim Osmail who is also a law student a law has denied claims by police that he has been financing terrorists especially those linked to Dusit D2 hotel terror attack on 14 Riverside Drive, Nairobi on January 15, 2019.

Abdnoor reiterate that he only have aggregated Mpesa tills issued by Safaricom and has no directly owned tills.

“Regarding directly owned tills, the directors and management of the company issues to the tills by Safaricom have control over tills and hence liable for any wrong doing emanating from operations of the till. I have no directly owned tills,” says Abdinoor.

The suspect further argues that subcontracted tills, Safaricom PLC upon entering a contract allows his client to issue Mpesa tills to the third party for consideration of 20 percent commission.

“The allegations that l have received shillings 100 million is thus baseless and the same borne out of lack of appreciation of how these tills work,” says the suspect in his court papers.

He says the tills are in the hands of third party and the only entity that is cable of disclosing transaction is Safaricom PLC.

“Am engaged in Mpesa business and i have contract with Safaricom PLC which allows me to sublet tills to third parties (subcontractors,” says the suspect.

He argues his continued detention on the basis of information which is in possession Safaricom PLC and third parties is unreasonable, rational and unjustifiable by any standard.

He says that in the above mode of ownerships he has limited rights and control if the day to day to operation of the tills for the reason that Mpesa outlet (shops) are independently run and owned by third parties.

” It is not true that i have registered several Mobile numbers and the allegation is borne out of ignorance or lack of appreciation on investigators of how tills operate. Rather, i have Mpesa tills registered by Safaricom PLC for purpose of carrying out Mpesa business, ” added Abdinoor.

He claims that he is a cash merchant and sublet the tills to aggregated merchants who are charged with responsibility of receiving deposits and giving withdrawals from Mpesa users.

” That each till issued to a third party can transact shilling one million daily hence the alleged shilling 100 million may as while be ordinary and lawfully transactions by third party subcontractors who i have issued and operates aggregated tills and the only i can know any wrong doing by a third party is through notification by Safaricom PLC which notification i have received, ” claims Abdinoor.

The suspect, a father on one is urging the court to release him on bail pending the probe by the police.

“That if prayers for 30 days is granted to the applicant ( Anti-Terrorism Police Unit) , am likely to miss admission dates as an advocate at Kenya School of Law which is prejudicial and huge setback to my career,” claim Abdinoor.

He further says that since he was arrested on January 21 at his residence at South B the investigator have since not disclosed to him which specific till or sub agents that received over Sh 100 million to enable him know the nature of the allegations.
Abdinoor is among six suspects arraigned in court on this weeks with the state seeking orders to have them detained at any police station within the country fkr a month to enable police complete investigations over terrorism related offences.

He strongly opposes the application by prosecution to detain him for 30 days saying the same is unjustifiable since his phone is police custody and the alleged analysis and investigation can be conducted while he is out of police custody.

The suspect also claims he is not at flight risks as police officers are holding all his travel documents and is willing to present himself before and all investigating agencies over the matter.

“Am not flight risks, i have a fixed bond , a family and business in Nairobi and willing to abide by bail term that may be imposed by the court,” added Abdinoor.

Police claim that the are investigating the suspects over involvement of Money laundering and funds believed to be for purposes of terrorism.

Abdinoor is being investigated alongside Hassan Abdi Nur, Ismael Sadiq Abitham , Ali Khamidi Ali, Abdullahi Muhumed Hassan and Sophia Njoki Mbogo (Diamond Trust Bank Manager).

The application will be heard on Monday by Milimani Principal Magistrate Martha Mutuku

1...256257258...457Page 257 of 457
Nairobi Times
Powered By NTimes

POPULAR POSTS

POPULAR CATEGORY

Powered By Nairobi Times