Blog Page 260

DUSIT HOTEL TERROR SUSPECTS DETAINED FOR 30 DAYS TO ALLOW INVESTIGATIONS.

By Nairobi Times -
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Five terror suspects Joel Nganga Wainaina, Oliver Kanyango Muthee, Gladys Kaari Justus, Guleid Abdihakim (Canadian) and a cadanian national Osman Ibrahim who are alleged to be linked to the attackers.before a Nairobi Court on Friday January 18,2019/PHOTO BY S.A.N.

BY SAM ALFAN.

A Magistrate has allowed police to continue detaining five terror suspects in connection with the recent terrorist attack at Dusit Hotel in Nairobi.

Senior Principal Magistrate Martha Mutuku detained the suspects for 30 days to allow police to complete investigations.

This after the office of Director Public Prosecutions through Principal Prosecutor Duncan Ondimu and Eddy Kadebe applied for detention of Joel Nganga Wainaina, Oliver Kanyango Muthee, Gladys Kaari Justus, Guleid Abdihakim (Canadian) and Osman Ibrahim who are alleged to be linked to the attackers.

The prosecution said that the attack led to the death of 21 people including foreign nationals.

The suspects were arrested due to their possible involvement in aiding and abetting the terror attack that took place on 15 and 16th this month at the said hotel complex at Riverside, Nairobi.

Wainaina is believed to be a taxi driver and was arrested late on 16 around MP Shah hospital. Muthee was arrested on 17.

The court heard that Gladys who is an M-pesa agent was arrested on 16th in Maua, Meru County.

The fourth suspect, Abdihakim who is a Canadian national was arrested in Suncity area in Nairobi.

Ibrahim was also arrested on 17th at Two Rivers Mall in Kiambu County.

According to the police, during the ongoing investigations, several electronic gadgets were recovered and are currently being forensically examined and the report is yet to be obtained and analysed.

The detectives say the investigations are complex and require additional time and involves a number of agencies and extends to other jurisdictions.

The state believes that the five have other associates who are yet to be apprehended and the the arrests are being vigorously pursued by security agents both in and out of the country.

According to an affidavit by ATPU Inspector Monica Githaiga the assailants were driving a motor vehicle KCN 340E at the time they committed the attack by shooting sporadically.

Upon searching the said vehicle, policed recovered a mobile phone make tecno macron with a safaricom line, Nokia phone without a line, extremely damaged laptop make HP litbook black on colour.

Upon investigations, it was discovered that the ID used to register the said safaricom line has also been used to register 11 other lines.

“My team and I received reports that some of the attackers resided in a house in Mucatha in Ruaka and they were Ali Salim Gichunge alias Foruk and Violet Kemunto Omuoyo,” says Githaiga.

It was also established that Gichunge had three mobile phone numbers while Kemunto has six registered phone numbers and the team of investigators are currently in the process of obtaining call data records for the above numbers and carrying out analysis of the same.

“A quick perusal of the above numbers, they were in constant communication with several phone numbers located in Somalia,” says the inspector.

The police are currently in the process of interviewing other taxi drivers, forensically examining the car of the first suspect Wainaina, his financial records, his call data records, whether he has an operation base for the said taxi or owns the car.

Investigations carried out so far show that on the day of the attack, Wainaina was driving the vehicle KBR 243D and he did drive to the scene with one of the attackers who was killed.

The second suspect Muthee has given contradictory information as how he moved from his alleged base at Gigiri to the point of attack. The team further added that it emerged that on 12th January, the second suspect was at Jomo Kenyatta International Airport and claims he was taking some of his clients to the airport.

“There is need to interview his alleged workmate who operates taxi around Gigiri, verify who he was taking to the airport on that date, forensically examine his vehicle which was at the scene of attack, financial records and call data,” said the Investigator.

DPP GRAFT WAR BOLSTERED BY FIRST TOP NYS CONVICTION.

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Jailed former National Youth Service (NYS) chain supply procurement  assistant officer Selesio Karanja escorted to Milimani Law Court basement cells on Thursday January 18,2019./PHOTO BY S.A.N.

BY SAM ALFAN.

Former National Youth Service(NYS) chain supply assistant has been send to jail for four years, after he was found involved IN fraudulent activities at the state corporation.

Trial Magistrate Lawrence Mugambi said that the accused Selesio Karanja, alternatively he pays Sh 5 million.

He said that prosecution had proved the case against him beyond reasonable doubt, the Magistrate further said the accused upon completion of jail term should not hold public office.

“I therefore find that the case against him has been proved to the required standards in respect to count No. 8. I find him guilty as charged and i shall convict him accordingly under provision of section 215 of the criminal procedure code,” ruled Magistrate Bidali.

Dama Services was included in the tender for procurement of the training materials in the automotive engineering faculty when they had been approved for the said tender.

“Taking all this into account and having found that Dama Services Limited was not pre-qualified for this tender, i have come into conclusion that the accused person in inserting the bame of Dawa Services Limited to the tender opening register was acting fraudulently. His defence that he acted in good faith is not tenable in this circumstances,” ruled the magistrate.

He was the secretary of the tender opening committee and the witnesses who included members of the committee told the court that the said company was not pre-qualified for the said tender.

Collins Ngesa told the court that he would record in the tender opening register and thereafter the members of the committee would sign. Court was further told that the five bids were duly signed and recorded by collins Ngesa but the six bid was not signed.

Considering the evidence in totality, the magistrate was satisfied that the bid for Dama Services Limited was not in the tender box during tender opening which explained why Collins Ngesa did not record it and also explains why the bid documents was not duly signed by the members of the committee.

According to the court, Selesio Karanja admitted in his defense he inserted the name of Dama Services Limited in the tender opening register  and also confirmed in his defense that the bid for Dama Services only only bears his signature plus one other unidentified signature.

Karanja becomes the  first causality in the NYS anti corruption cases.
Karanja is the only accused person in the 2015 NYS scandal who has been convicted as the rest others were acquitted.

Former PS Peter Mangiti and 23 others, among them members of the Ministerial Tender Committee, were acquitted of the charge of conspiracy to commit economic crime after Chief Magistrate Kennedy Bidali ruled that the prosecution failed to provide sufficient evidence to prove that there was, indeed, a conspiracy to commit a crime.

The other suspects were Hassan Noor Hassan and Senior Deputy Director General Adan Harakhe.

The magistrate said that for a conspiracy case to be proved, there must be evidence that the accused persons, indeed, held a meeting, mooted the idea, and agreed to commit the said offence.

COURT ORDERS FRESH TEST TO BE CONDUCTED ON FERTILIZER TO VERIFY MERCURY CLAIMS.

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Former Kenya Bureau of Standards Managing Director, Charles Ongwae with some of the accused persons before Nairobi Magistrate Court.
BY SAM ALFAN.

Fresh testing will be conducted on the fertilizer imported into the country last year, to confirm whether claims that it contains excessive mercury are true, court has ruled.

in a ruling senior principal magistrate Kennedy Cheruiyot said he was satisfied that the application by OCP Kenya Limited and nine others was merited.

Principal Magistrate Kennedy Cheruiyot declined order to have US based firm Thonton Laboratories testing and inspection services from participating in the fresh retesting of the fertilizer.

“Since one of the investigators has revealed that the initial fertilizer samples collected by KEBS on or about June 19 2019 have already been destroyed i can only allow fresh samples be collected and analysed,” ruled Magistrate.

He further ordered that any results and finding of the test be availed to prosecution and defence parties.

The magistrate said the fresh tests would assist during the trial and although the prosecution had opposed the application saying it was meant to aid the accused persons, the move would ensure fairness to all parties. He said the test will also ensure there was no miscarriage of justice because all the parties would get a fair opportunity.

“Consequently, I find and hold that the application is merited and direct that fresh samples be collected for testing,” he said adding that the test will be conducted by Kebs in the presence of all parties.

The court said scientific tests are provable by experiments and the experts should arrive at the same conclusion if the same methods are employed and the samples being tested are the same.

The accused persons facing charges relating to importation of substandard fertilizer last week applied for magistrate to order fresh testing on the fertilizer, which is alleged to contain mercury.

Through senior counsel Paul Muite, the accused persons sought the testing done by KEBS in the presence of an independent laboratories and also by Thornton laboratories testing and inspection services, which is a worldwide leading laboratory based in Florida in USA.

In the court papers, a clearing Agent at Bollore Transport Bernard Oduor Ngesa who charged alongside Kenya Bureau of Standards MD Charles Ongwae sought the fresh test on the fertilizer on grounds that the previous tests done by the importer and by independent laboratories, Bureau Veritas, Intertek and Cropnuts and also by KEBS did not reveal the presence of mercury.

Senior Counsel Muite told the court that according to a report of the test done on 2 of February,2018 there was no mention of sulphur in the fertilizer and the only complain according to the report was nitrogen and sulphur and no mercury at all.

He added that the fertilizer was released to the market from 1 of March until 19 of June and the first indication they heard there was concerns of mercury was on 22 of June when DPP issued a statement that the fertilizers had mercury.

“Where are the results of retesting ? They took a 100 kilograms on 19 of June , where are these results?,” Muite paused a question to the court.

Senior counsel told the court that in the replying affidavit by investigating office, prosecution confessed to have destroyed the samples which are supposed to be court exhibits.

“Prosecution in their replying affidavit by investigating officer said they have destroyed the samples. Where there is a criminal baseball the charge is attempted murder , these are nolonger samples , these are court exhibits. How can they prosecution resist the application when they are now telling the court they have destroyed court exhibit,” Lawyer Muite told the court.

According to the Oduor the charges they face were a result of tests undertaken by KEBs on the fertilizer imported into the country by OCP Kenya Limited, and which purport to reveal the excessive presence of mercury.

Oduor and Ongwae and eight others have since denied several charges among them attempted murder, in relation to the importation of 5,846,000 bags of substandard fertilizer. Other charges include abuse of office, conspiracy to defraud and aiding the commission of a felony and breach of trust.

The prosecution alleges that Ongwae and seven others on diverse dates between November 13, 2017, and June 7, 2018  KEBS officials they jointly with intent to unlawfully cause the death of people residing in Narok and Eldoret, released to OCP(K) 5,846,000 of substandard compound fertilizer which contained mercury that endangers human life.

The accused person are separately charged with procurement of fake standardization sticker marks worth Sh882 Million, aiding commissioning of felony, breach of trust and  abuse of office.

Prosecution also alleges that on diverse dates between December 9, 2014 and May 23, 2018 in Nairobi county jointly with others not before court conspired with intended to defraud the government of Kenya Sh 882 million by entering into a contract for the supply and delivery of KEBs quality markers to wit ISM stickers complete with traceability system, knowing that Madras Security Printers Private Ltd had no capacity to deliver.

‘ That in the view of variances in the test i believe that this court can only came to a conclusion and deliver justice to the parties, if an order is made for a fresh retesting of all the samples including the prosecution exhibits together with fresh samples from the consignment still in the Bollore’s warehouse 30,” reads the court papers.

The court heard that the initial test of the samples of the imported fertilizer unilaterally undertaken by KEBS on June 19, 2018 has never been released to OCP, Bollore or to Oduor.

The accused claims that he was surprised to be charged with the alleged offence of attempted murder on grounds that he was involved in the distribution and sell of fertilizer containing mercury. “That the charge of selling fertilizer contaminated with mercury is to say the least, perplexing has previous no test have been undertaken for the presence of mercury in the fertilizer,” he said.

He say that immediately after he was charged, OCP Kenya Ltd collected 96 different samples from the consignment still held at the Bollore’s warehouse and had them tested at Intertech. He said sample results dated July 1, 2018 show the presence of mercury to be less than 0.1 Mg / KG which is permitted threshold.

Muite in his submissions urged the trial magistrate Kennedy Cheruiyot to allow the application and order the reports to be tabled within 10 days. All other accused person charged alongside Odour have since supported the application to have the fresh rested conducted.

But Director of Public prosecution through Victor Owiti opposed the application and urged to dismiss the application on the reason that the subject consignment that was imported by OCP Kenya Ltd failed to meet at least the four of the thirteen parameters that were tested. The four parameters include nitrogen, sulfur and mercury which is the subject of this trial.

“That conclusion the consignment failed on at least those four parameters was reached after three test were done on February 2, 2018,  the second test was done for two days on February 19 and 21,2018 and it is important to know that the second test was done upon a request by the importer OCP Kenya Ltd and the finally the most important test regarding the matter before court was done on June 19,2018 in regard mercury, “ said Owiti.

“We submit the opposition to the application that KEBS is the only statutory recognized body for the conducting such test for purposes of release the feinten fertilizers in the market.

The court heard that only test that the only recognized is the one done by KEBS and prosecution urge the court to rely on while making a determination is that done by KEBS.

According to an affidavit filed by constable Peter Nderitu attached to investigation Bureau at DCI claims that despite the fertilizer failing the said Kenya standard the consignment carrying the said fertilizer was against the law released into Kenyan market hence endangering Millions of Kenyans.

Nderitu claims that the suggested test by Thornto laboratories Testing  and Inspection service or any other laboraties cannot be sustained as none of the firms applies the same Kenya standard requirements KS 158: Kenya standard Specifications for solid compound fertilizer.

In the case those charged alongside Ongwae and Oduor include Director of Quality Assurance Eric Cheshire Kiprono KEBS Inspection Manager Peter Kinyanjui, KEBS Coast Regional Director Martin Nyakiamo, Port Health Officer-Kilindini Port Pole Mwangeni and Supervisor of Customs KRA Erick Kariuki Kirimi.

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

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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
.
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.

By Nairobi Times -
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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.

By Nairobi Times -
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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.

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