Blog Page 259

ICTA TOP MANAGERS CHARGED WITH GRAFT RELEASED ON A CASH BAIL OF 5 MILLION.

By Nairobi Times -
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Former Director of Corporate Services Felix Obonsi Ongaga, former acting finance manager Daniel Stephen Ouma , former accountant Peter Mukangu Mwangi and and Bernard Nyariki Kebwage before Nairobi Anti-Corruption Magistrate Court Douglas Ogoti on Tuesday January 15,2019/PHOTO BY S.A.N.

BY SAM ALFAN.

Four top managers of Information and communication authority have been charged before an anti corruption court with stealing over Sh 96 million and conspiracy to commit corruption offence.

The former former Director of Corporate Services Felix Obonsi Ongaga, former acting finance manager Daniel Stephen Ouma , former accountant Peter Mukangu Mwangi and cashier Anthony Nyaga Mwangi are accused that between 2 of July 2016 and 6 of July 2017 at the Information and Communication Technology Authority (ICTA) jointly stole Kshs. 96,470,017 by fraudulently withdrawing the money from Information and Communication Authority (ICTA) bank accounts , the property of ICTA which came into their possession by virtue of employment.

Prosecution accused the five former Director of Corporate Services Felix Obonsi Ongaga, former acting finance manager Daniel Stephen Ouma , former accountant Peter Mukangu Mwangi and and Bernard Nyariki Kebwage jointly with others not before court conspired to commit an offence of corruption namely to engage in a scheme to defraud ICTA Kshs. 63,211,823.

Felix Obonsi Ongaga is accused that between 8 of December 2016 and 20 of April,2017 being person employed in public service in the information and Communication Technology Authority (ICTA) as the Director Corporate Services stole Kshs. 5,482,460 the property of ICTA by fraudulently transferring the money ti his personal account, money which came into his possession by virtue of his employment.

Daniel Stephen Ouma is accused of that being a acting Finance Manager and Peter Mukangu Mwangi as the accountant stole Kshs. 6,444,601 the property of ICTA by fraudulently transferring the money to his personal account.

Felix Obonsi Ongaga, Daniel Stephen Ouma and Peter Mukangu Mwangi appeared before Chief Magistrate Douglas Ogoti and denied charges of stealing by servant, abuse of office and conspiracy to committed an offence.

The magistrate ordered the accused persons to be realised on a bond of 10million or a cash bail of Sh 5 million each.

They’d were further ordered to sign a personal of Sh 2 million and deposit their passports to the court.

He further faces five counts of abuse of office by improperly conferring a benefit of the above monies.

A warrant of arrest was issued against their co accused cashier Bernard Nyariki Kebwage who failed to appear in court to plead to the graft charges.

The magistrate ordered the DPP and the DCI to supply the accused persons with all evidentiary documents on January 24.

In August 1 last year, High Court stopped former top directors of Information and Communication Technology Authority (ICTA) from transferring 6.4 million from their bank accounts.

High Court Anti-Corruption Presiding Justice Hedwig Ong’undi barred former Director of Corporate Services Felix Obonsi Ongaga, former acting finance manager Daniel Stephen Ouma , former accountant Peter Mukangu Mwangi and cashier Anthony Nyaga Mwangi from transferring Kshs. 384,402.10 from his account at Standard Chartered bank Kenyatta Avenue in the name of Felix Obonsi Ongaga, Kshs. 289,544.62 account that belong to Daniel Stephen Ouma at Co-operative Bank upper Hill branch and Kshs. 190.861.22 in his account at Family Bank, two account for Peter Mukangu Mwangi Kshs. 4,828,241,60 held at equity bank and Kshs. 32,392,51 and Kshs. 763,294,49 for Anthony Nyaga Mwangi from Equity mama Ngina branch.

This after The Assets Recovery Agency filed a certificate of urgency seeking to block the four from transferring the amount in question from their accounts pending a joint investigations by the Agency and Director of Criminal Investigation.

According to affidavit by the investigating officer Isaac Nakitare, the investigation were lodged after after ICTA acting Chief Executive Officer Robert Kariuki Mugo suspect the fraud and theft of Kshs. 74,281,498,10 from ICTA bank accounts by the four employees
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The said fraud from ICTA bank accounts is said to have started in the year 2016 where there was suspicious transactions of total of Kshs. 29,040,011 from ICTA Bank account.

Investigations has established that between 24 January to 6 of July, 2017, Felix Obonsi Ongaga and Daniel Stephen Ouma unlawfully authorized payments of 155.838,193,00 million from ICTA bank at Citi Bank funds which were withdrawn by Peter Mukangu Mwangi and Anthony Nyaga Mwangi and some of the funds were transferred to the respondents bank accounts.

The said investigations traced funds amounting to 6.4 million held in various bank accounts in the names of the four which were stolen from ICTA.

According to court documents seen by NairobiTimez, investigations has revealed a clear case of fraud, theft and money laundering of public funds with intent of concealing and disguising the source of funds.

The acting CEO reported the fraud to Asset Recovery agency who together with dci commenced the investigations.

Investigating officer had obtained court orders from Chief Magistrate Court under miscellaneous Criminal application authorizing to investigate the four bank accounts and freeze any funds in the said accounts.

PROSECUTION WANTS THREE ‘GAME MEAT HUNTERS’ DENIED BAIL BECAUSE THEY ARE THREAT TO WILDLIFE.

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Chinese businesswoman Shang Li Yun ,his son Xing Wei and Shang Jie before Nairobi Court on Monday January, 14,2019./PHOTO BY S.A.N.

BY SAM ALFAN.

The office of Director of Public Prosecutions on Monday opposed the release of three Chinese nationals busted with game meat and ivory on bond terms.

While opposing the trio bail application the prosecution informed a Nairobi court that releasing of the three either on cash bail or bond puts Kenya wildlife which is our national treasure in more danger and road to their being extinct.

The state urged the court not to release businesswoman Shang Li Yun ,his son Xing Wei and Shang Jie on a cash bail or bond pending hearing and determination of the criminal case.

The three were found in possession of game trophy and a live tortoise in their house at Aberdares court in Kilimani.

The tortoise was produced in court today by investigating officer who applied the tortoise to be released to Kenya wildlife for safety.

According to the report from the immigration department, it indicated that Shang Li Yun who runs a supermarket along Ngong road has no valid work permit while Shang Jie is in Kenya illegally as he has no valid visa to allow him to be in the country.

Milimani Senior Principal Magistrate Kennedy Cheruiyot heard that investigations are ongoing in relation to cyber related crimes from the accused persons laptops and mobile phones and the investigation officer is yet to receive a report from cybercrime department DCI headquarters.

Shang Li Yun , Xing Wei and Zhang Jie are accused that on January 8, this year at house number 6 Aberdare court in Kilimani area in Nairobi , jointly with others not before court were found in possession of one Rhino horn weighing 0.94 kilograms valued 1.8 million without permit.

They are also accused that on the same date and place jointly with others not before court were found in possession of leopard skin valued at Ksh. 500,000 without permit.

Shang, Xing and Zhangare further charged that jointly with others not before court were found in possession of two polished elephant ivories, two human statute sculpture ivories , two lion sculpture ivories, seven ivory necklaces and five assorted ivory bangles all weighing 5kilograms valued at Ksh. 4,000,000.

They are also facing charges of being found to have kept a wildlife trophy namely live tortoise without permit.

They are facing several charges of engaging in a business without permit.

Their lawyers Assa Nyakundi and David Ayuo applied for the accused’s release on bond noting it was their constitutional rights.

Magistrate will make the ruling tomorrow.

BUSINESSMEN WHO OBTAINED SH21 MILLION CLAIMING THEY COULD SUPPLY GOLD CHARGED.

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Traders Samir Munyinyi and Congolese Eric Amisi Bin Ramazani who are accused of obtaining US dollars 202,400 (21 million) from Vladimir Borisenko of Schiller Group limited before Nairobi Magistrate Court on Monday January 14,2019./PHOTO BY S.A.N.

Two traders have been charged with obtaining millions of shillings from a businessman claiming they were in position to supply 100 kilograms of gold.

Samir Munyinyi and Congolese Eric Amisi Bin Ramazani are accused of falsely obtaining US dollars 202,400 equivalent to 21 million Kenya shillings from Vladimir Borisenko of Schiller Group limited by pretending that they were in a position to supply him with 100 kilograms of gold.

The two are alleged to have committed the offence on diverse dates between 13th and 20th December 2018 at Delight Apartments in Kilimani, Nairobi jointly with others not before court.

The two denied the charges before Principal Magistrate Kenneth Cheruiyot.

Prosecution opposed the Congolese from being released on bail saying he has temporary passport and may abscond court if released on bail.

Defence lwyer Stanley Kangahi opposed prosecution application saying that bail does not discriminate foreign nationals.

Kangahi submitted that no compelling reasons were presented in support in support of the same to persuade the court otherwise.

According to police, on the 13 of December last year , the complaints Vladimir Borisenko  and Michael Mung’ore Amesa who are directors of Schiller Group Limited entered into talks wirh the accused person A Congolese national Amisi Bin Ramazani in regard to purchase of 20 kilograms of gold.

The accused introduced himself as a director of Isiro Mining Group Company which is based in Congo. The accused introduced the complaint to one Fatma Kalima a rwandese national who is also facing charges in court who introduced herself as agent of Alsalatin Group Limites  which was to prepare all the necessary documents for the 20 kilograms of gold and process the exiting of the said  gold to Hong Kong. A contract was signed by three parties and amount of US Dollars 62,800 was transferred by the complaints to Alsalatin Group Limited.

It is also said after transfer of the said money, an arrangement was made where the accused Amisi and representatives from within Schiller Group were to accompany the consignment of 20 kilograms of gold to the airport and accused person left the country to congo in disguise of preparing his travel documents but never went back to proceed with the arrangement.

The magistrate ruled that the offense against the two is bailable and no compelling reasons had been tabled by the state to deny them bail.

He released the two on a bond of Sh 2 million or alternatively a cash bail of Sh 750,000.

The court further directed Ramazani to avail one Kenyan surety and deposit his travel documents in court.

The c ase will be mentioned on 28th January and will be heard on 6th April 2019.

Samir Munyinyi is facing another case of obtaining over Sh 25 million from a businessman by false pretenses.

Samir Munyinyi was charged with intent to defraud Sh 27,700,000 from one Mertoglu Muhammet by falsely pretending that he was in a position to sell him 360 kilograms of gold, a fact he knew to be false.

Munyinyi committed the offense on diverse dates between 28 March and 12 April 2018 at Wu Yi plaza along Galana road in Kilimani within Nairobi.

The accused, who has been in custody for several days vide a miscellaneous application seeking to detain him as police completed investigations, denied the charges before Senior Principal Magistrate Martha Mutuku.

Through lawyer Stanley Kangahi, the accused requested the court to release on lenient bond terms.

The magistrate granted him a bond of Sh 2 million and one surety of the same amount or alternative cash bail of Sh 500,000. further she directed that if the accused was to pay the cash bail, he should avail one contact person to deposit his national ID in court.

LEADERSHIP WOES THREATEN STABILITY AT THE NLC.

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Embattled National Land Commission chairman Mohammed swazuri.

BY SAM ALFAN.

Wrangles on who to control the management of the National Land Commission has ended to control.

This is after the embattled chairman Mohammed swazuri filed a petition seeking to block his vice chairperson from performing his constitutional duties as the chairperson of the commission.

The outgoing National land commission Mohammed Swazuri has filed application before the high court seeking orders barring his deputy from performing duties of the chairman of the commission.

In a certificate of urgency filed in court swazuri claims wants the court to issue conservatory orders barring NLC vice chairperson Abigael Mbagaya Mukolwa from purporting to act as the chairperson of the NLC as she is interfering with the operations of the commission.

He claims that she (Abigael)has continued unlawfully and illegal capture the powers of the chairperson of NLC and in her capacity as the acting vice chairperson called for meeting and issues directives and memos and issued directives and made decisions as though she is the chairperson of the commission.

The chairman who is facing corruption related charges before Nairobi Anti-Corruption Magistrate Court claims that the conduct of Angel has hampered smooth operations of the commission and has triggered institutional chaos and continues to expose the commission and him to liability.

Swazuri argues that if orders sought are not issued the working of the commission and prospect for peaceful handle over will be imperilled the commission and the public at large will also be at risk of hefty legal liability.

He wants the court to issue the conservatory orders restraining Abigael from purporting to act as the chairperson of the NLC since it will interfere with the work of the commission and also affect the smooth transition to a new chairperson and other members.

Swazuri claims that Abigael has been calling meetings issuing letters, directives and other communications inspite of him being in office and has been putting to perform his duties.

He further claims that Abigael has been sacking employees, interfering with terms of their employment, issues gazette notices which her actions are exposing the commission to liability.

“Pending hearing and determination of the petition the court to issue conservatory orders restraining the respondent(Abigael) from calling national land commission meeting issuing directives, memos,letters in the name of NLC or in manner whatsoever from purporting to exercise the lower of the chairperson of The commission,” claims Swazuri in his court papers.

Swazuri says that Abigael staged a coup and swiftly assumed the position of the chairperson of the commission after he was charged with corruption related charges.

“upon being charged in court, the respondent declared herself as the chair of NLC and assumed the office of the chairperson of the commission and purportedly to make unilateral decision and issue official communication on behalf of the commission, ” he states in the court documents.

The embattled chairman claims he has never been removed from office and there had never been a vacancy in his position of the chairperson of NLC.

Swazuri further says that his deputy has continued to perform his duties even after he resume office and has been calling for meetings and even reversing some of his decision he has been making.

He says that one November 1,2018 Abigael issued a gazette notice Nos 11370 and 11371 purporting to revoke respectively award for Karimenu Dam II water supply project and award for Standard Gauge Railway phase II A Nairobi to Naivasha while acting as the chair person of the commission which the decision was later suspended by the court.

Swazuri accuses his deputy of orchestrating institutional chaos and unless she is restrained they likelihood of sending the working g of the commission into disarray.

He claims that there are no legal basis for Abigael to continue acting and performing of NLC chairperson.

Swazuri claims that there was no correspondence of his removal from constitutional office whosoever in accordance with article 251 of the constitution. He further claims that Abigael on August 15, 2018 declared on a press conference should be performing the his duties.

Article 251 of the constitution state that,  A member of a commission (other than an ex officio member), or the holder of an independent office, may be removed from office only for–, serious violation of this Constitution or any other law, including a contravention of Chapter Six;gross misconduct, whether in the performance of the member’s or office holder’s functions or otherwise, physical or mental incapacity to perform the functions of office, incompetence; or bankruptcy among other reasons.

Swazuri further claims that the actions of Abigael to perform duties of a chairperson is utter disregard of the constitutional holder is in violation of chapter 6 on leadership and integrity.

The term of Abigael and Swazuri ends on February 19.2019.

Last year In ong’undi allowed Swazuri to fully access his office unconditionally.

” Am satisfied the trial court did not access practical impact of the orders it gave in respect to Swazuri. I therefore find that section 362 of CPC is applicable in the circumstances of this case. This is for the purpose of making it practical for the Swazuri to carry out his official duty and not earn a full salary for doing nothing “. Ruled Ong’undi.

The judge ruled that Swazuri can access his office without getting approval from EACC or CEO/Secretary of NLC as ordered by the trial court.

They faulted the magistrate Lawrence Mugambi for directing NLC to get approval from the two agencies.

” I therefore set aside the order complained of and substitute it with an order directing the applicant (Swazuri) to make undertaking not to interrupt and or interfere with witnesses at his work place or any other witness. He will also undertake not to interfere with records and or documents relevant to the case at hand. Failure to comply will lead to automatic cancellation of his bond”. Ruled the judge.

He was charged alongside Kenya Railways Corporation boss Atanas Maina, NLC officials Tom Chavangi, Salome Munubi, Francis Mugo, Victor Kariuki, Elijah Nyamu, John Mwaniki, Carolyne Kituyi, Peter Mburu, Gladys Muyanga, and Obadiah Wainaina.

In August , trial Magistrate Lawrence Mugambi gave Mohammed Swazuri limited access to his office, but after informing the  Commission’s CEO and the  EACC, the court has  ruled.

He said that Swazuri  can only access office under the  supervision to avoid  interference of  prosecution  witnesses.

“For constitutional office holders, the first accused (Mohammed Swazuri), who has been at the helm of the NLC and indeed any other constitutional office holder prior written authorization by the Secretary/CEO of the commission authorizing the access after making consultations with the investigative agency in this case so that the appropriate arrangements (if any) can be made to ensure contact with witnesses who are expected to testify against accused is minimized or that any other evidence properly secured “. Ruled Mugambi.

He said the  court had no power to bar or suspending  him  from  entering office, given that he occupies a constitutional office.

COMPANY DIRECTORS CHARGED WITH DEFRAUDING LAND BUYERS OVER 54 MILLION.

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Two directors Muthiani Mwangangi and Evaline Mbithe before Nairobi Court where they pleaded not guilty to forgery charges on Friday January 11,2019./PHOTO BY S.A.N.

BY NT CORRESPONDENT.

Two directors of a company have been charged with defrauding over 54 million from various unsuspecting land buyers.

The two pleaded not guilty to more than ten different fraud and forgery charges before a Nairobi Magistrate court.

Muthiani Mwangangi and Evaline Mbithe are accused on or before January 20,2017 at unknown place jointly with others not before court conspired to defraud Kapiti Plains Estate Limited of its parcel of land LR. NO. 7374/4 valued 54,800,000,000 million.

It is alleged that the two on July 29,2013 , at Chuvi area in Machakos with intent to defraud , obtained Kshs. 350,000 from Veronica Mwikali Kuyumya by falsely pretending they were in position to sell him plot No. 3 and Plot No.13 of Konza South Block 4/1482 a fact they knew was false.

Prosecution allege that Mwangangi and Mbithe , on or before September 28 , 2010 at unknown place in Nairobi with intent to defraud made a false letter of Allotment ref 12614/111/122 dated 23 of August 1994 for land parcel No. Konza Block 7374/5 in the name of New Konza Ranch Association purporting to be genuine letter of Allotment issued by commissioner of lands.

Mwangangi and Mbithe are facing several fraud charges and obtaining thousands of shillings from unsuspecting land buyers.

They were released on a cash bail of 300,000 and a bond of one million pending hearing and determination of the fraud criminal case.

FAKE KDF IMPOSTER CHARGED WITH ISSUING FAKE ADMISSION PAPERS AND FRAUD.

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Fake Kenya Defence Forces 'captain' Calvin Amugune Amata alias captain before Nairobi Principal Magistrate Kennedy Cheruiyot after he pleaded not guilty to several forgery charges on Friday January 11,2019./PHOTO BY S.A.N.
BY NT REPORTER.

A fake Kenya Defence Forces imposter has been charged with obtaining money and forgery.

Calvin Amugune Amata alias captain is accused on different dates between December 25, 2018 and January 5 this year in Nairobi with others not before court obtained from Mwadama Bakari Mwalimu 450,000 by falsely pretending he was in position to facilitate employment for his four kins at Kenya Defence Forces.

He is also accused of falsely representing himself to be employee of Kenya Defence Forces with a rank of captain.

Prosecution further accused the fake captain Calvin Amugune at unknown time and place with others not before court 2Keith intent to defraud forged a calling letter of Mwachikana Hamisi Komakoma purporting to be a genuine calling letter issued by the Ministry of Defense.

Calvin is facing severely forgery and uttering false documents purporting to be genuine charges letter issued by Kenya Defence Forces.

He pleaded not guilty to all charges before Nairobi Principal Magistrate Kennedy Cheruiyot.

He was released on a cash bail of 200,000 failure of which to remain in custody pending and determination of his criminal trial.

FORMER PRESIDENT MOI’S CONFIDANT CONSPIRED TO STEAL SH 12 MILLION FROM KENYA PIPELINE.

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Former president Moi's confidant Joshua Kulei before a Nairobi Anti-Corruption Court.

BY NT CORRESPONDENT.

A Nairobi Anti-Corruption Court has been told former President Moi’s private secretary Joshua Kulei had conspired and obtained Sh 12 million from East African Gas Company a joint venture with Kenya Pipeline company limited.

Investigating officer David Kangara, told senior principal Magistrate Felix Kombo, that Kulei had claimed a company associated to him the Ashar limited had rendered engineering and foundation laying services on behalf of East Africa Gas company limited, which he said was false.

” Public money was paid to Kulei his company over services he never rendered” the officer told the court.

He testified that both Ashar and Sian limited received Sh 5,999,890 from East African Gas company a joint venture with KPC over claims that they had paid land rent rates and assessment fees on behalf (EAGC).

The witness said that he obtained information from commercial bank of Africa where KPC held an account which wired the money to the companies associated with Kulei.

He his charged along side former KPC managing director Ezekiel Komen on offence of conspiracy to defraud a state corporation of Sh 65,272, 727 which incident took place in 1999.

The witness said that even the memorandum of understanding signed by the attorney general Permanent secretary ministry of finance KPC and EAGC was done when certain conditions were not put into consideration.

He said Komen is the one who made authorization for payment to be effected being the company’s managing director.

Kulei, his three companies Ashar limited, Sian Enterprises and Agrid limited, Komen and one Prakash Bhundia are jointly indicted for conspiracy to defraud the government of public money.

Kulei is out on a cash bail of 500,000 pending hearing and determination of criminal trial.

KAYOLE TRADERS SEEK COMPENSATION FROM TRADER OVER DEMOLITIONS.

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Excavators demolishing buildings in Kayle.

BY NT CORRESPONDENT.

Over 20 families whose houses were demolished last month in Kayole have filed a petition to court seeking compensation from Nairobi Businessman Mike Maina.

The families have sued Maina under his business -Muthithi Investment Limited.

“This honourable court do take up proceedings on compensation due to the applicant for the damage occasioned by the unlawful eviction conducted by the plaintiff from the suit property,” state the families in their court documents.

They argue that there was no such notice of intended eviction been issued to them, through the set out legal process, they would have lawfully resisted the unlawful eviction carried out in the wee hours of the morning in darkness and without regard to the interest of children, persons with disability and women affected.

In an affidavit, the tenant’s claim that the demolitions carried out in December was done in spite of the hue and cry from tenants occupying some of the his premises adding that a lot of property was stolen from them.

They argue that they are entitled to reasonable notice before the eviction was carried out, adding that the notice period must be not less than 3 months by law and personally served on the affected evictees or by notification .

“In this instance there was no notice served at all,” they allege in the court papers.

They said the sudden invasion of the property by Muthithi Investment Limited left some members without an opportunity to salvage their personal property and possessions, and have thus been left homeless, suffered mental torture and pain.

It is their argument that their children’s and personal property were totally destroyed during the demolitions in December.

“ In total disregard of the constitution rights of the children in the suit property, the plaintiff agents using bulldozers and earth movers threw, scattered and damaged the children’s education materials and were thus left without access to education and shelter,’’ says court documents.

The affected families argue that the demolition were unlawful and the court should intervene.

“In the state of confusion and melee a lot of property was stolen from the residents and I am aware of a lot of families whose children were separated from their parents in a most saddening way,”says one of the residents who was affected.

The matter will be mentioned for further directions.

CHINESE WOMAN ARRESTED WITH ‘GAME’ MEET CHARGED AND DENIED BAIL.

By Nairobi Times -
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Chinese national Shang Li Yan before a Nairobi court where she was charged with selling expired food on Wednesday January 10,2019./PHOTO BY S.A.N.

BY SAM ALFAN.

A Chinese woman who was among four arrested by DCI detectives in Kilimani has been charged before a Nairobi court with selling expired food.

Chinese woman Shan Li Yan is accused that on January 8,at aberdare court house along Kayawe road in Kilimani in Nairobi jointly with others not before court prepared food for sale .

The said food is 65kilograms of uncleaned fish, raw chicken ,pork, crab fish, 95 kilograms of assorted white meat and read meat and the said were being sold insanity conditions and without certification from public health officer.

Prosecution further accused Yan jointly with others not before court prepared food for sale while the said were being sold under insanity condition with expired dates.

Prosecutor Kennedy Panyako opposed the accused to be released on cash bail and urged the court to retain her in police custody pending investigations.

Court yesterday gave custodial orders to DCI officers to detain Yan and four others until Monday.

Panyako urged the court to grant hearing at the scene to allow the Nairobi public health to destroy the meat. Court visited the scene and recorded the status of the exhibits which were kilograms of the meat.

Panyako said an awful smell from Yan’s house has denied neighbours comfort and some are moving house.

The woman with other two Chinese national and a Kenyan were arraigned in court yesterday and were detained for five days.

LINTURI ‘VISITOR’ WIFE TO TAKE PLACE IN RUNDA HOME AS COURT PRESERVES MATRIMONIAL PROPERTY.

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Meru Senator wife Meriane Kitany with her lawyer Danstan Omari at Milimani Law Courts./PHOTO BY S.A.N.

BY SAM ALFAN

Meru Senator Mithika Linturi has suffered major blow after high court issued orders preserving their matrimonial property.

High Court issued Justice John Onyiego the temporary injunction restraining senator Linturi from accessing utilizing withdrawal or any other transaction or interfering with monies held in several bank accounts pending the hearing and determination of the case.

Linturi or his agents were further restrained from wasting, damaging or interfering with their matrimonial monies and two luxury cars Range rover and Toyota Lexus.

“For avoidance of doubt, the motor vehicles in question as mentioned Range rover and Toyota Lexus shall continue being used by their current users without changing owners,” ruled the judge.

Justice Onyiego ruled that Kitany was not an ordinary visitor in the ordinary sense of the word ‘visitor’ and Kitany is entitled to resume back to the disputed residence pending hearing and determination of the dispute suit.

OCS Runda police station was ordered to ensure complice with court orders.

“To execute these orders, OCS Runda Police station is hereby directed to ensure compliance by providing security to the Marianne Kitany during her return to the premises at Runda Villa house No.16 and security currently manning the premises under instructions of the Linturi withdrawn and two to make mutually agreed joint security arrangements,” he further ordered.

The judge noted Kitany eviction was unlawful and in bad faith even before determine the issue of marriage and ownership of the property.

“This court cannot sanction such actions in court in a democratic society where due prices and the rule of law should apply and fly high,” said judge.

Kitany lawyer Danstan Omari appreciated the court decision saying it restored decision of career women who has contributed to development of their matrimonial home.

“It is the day that court are protecting the rights of women who are evicted out of a dispute between a husband and a wife and women dispossessed their property and thrown out in a savagery manner but court gas restored dignity of women , dignity of children and career women who have contributed into development of the matrimonial home,” said Omari.

Senator Linturi and his wife Kitany matrimonial home at Runda Villa house No.16.

He further said according to the material placed before him by both Linturi and Kitany, the stay of Kitany in the residence could not have been that of the ordinary visitor as Linturi would want the court to believe. “There is more than meets the eye.”

“Whether this court will eventually make a finding on ownership and division of the property in question or not, one should not be violently evicted in the manner Kitany was evicted while the dispute is pending before court. There are other legal, sober, humane, lawful and procedural and civil way of moving out even a ‘visitor’ from one’s residence. It was by all standards an impetuous decision,” said Judge Onyiego.

Linturi admitted that Kitany was forcefully evicted from the Runda house which she claimed they jointly built with Linturi and she has been staying there since 2016 to 2017. Linturi did not deny exciting her. Senator termed the eviction as lawful and justified that Kitany was a visitor requiring no notice to vacate the house. The eviction was conducted on 19 of December last year while the matter was pending in court.

“There is no dispute that Kitany has been staying at Runda residence Villa house where she was forcefully evicted allegedly for being a stubborn visitor who is like the proverbial camel got accommodated but knocked out the owner,” said the judge.

Kitany filed affidavit and attached exhibits to demonstrate that she had been staying with senator Linturi as husband and wife. She further attached photographs showing the two attend attend family functions and gathering including burial of Linturi’s brother.

She attached documents among them architectural drawing of the Runda house bearing her name.

“All these information prima facie point at a probability that the two presented a lifestyle of husband and wife before eyes of an ordinary person subject to proof upon hearing the main suit,” said judge.

The judge observed that the evidence presented and the conduct of the two, makes revelation of some form of husband and wife relationship which will be proved or disapproved upon hearing and determination of the case.

Kitany attached several documents including photographs and travel documents outside the country showing Linturi and their children attending various activities allegedly as husband and wife.

According to Kitany, she lawfully got married to Linturi in April 2016 after divorcing her former husband J.K Langat. The divorce judgment was delivered on 4 of December 2015 and she had a capacity to marry 30 days after delivery of judgment.

Linturi denied ever marrying Kitany claiming that he was married to one Mercy Kaimenyi so he had no capacity to enter into any other marriage arrangements with the applicant.

Kitany said she started cohabiting with Linturi sometime 2013 and in April 2016 formalized their marriage under Meru customary Law. She claimed that during the substistence of their marriage , she made both direct and indirect contribution towards acquisition of various property listed in the summons as well as the formation of various companies.

The court dismissed issue of the properties saying the affairs of the companies, shareholding , directorship or ownership is not business of the Family division and matrimonial Property Act.

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