Blog Page 261

LEADERSHIP WOES THREATEN STABILITY AT THE NLC.

By Nairobi Times -
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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.

By Nairobi Times -
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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.

KAYOLE TRADERS SEEK COMPENSATION FROM TRADER OVER DEMOLITIONS.

By Nairobi Times -
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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.

By Nairobi Times -
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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.

PILOT IN DEFILEMENT CASE DENIED BAIL.

By Nairobi Times -
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Commercial pilot Ledama Ole Sultan who is facing allegations of defiling his eight year old step-daughter before Nairobi Court./PHOTO BY S.A.N.
BY NT REPORTER.

A commercial pilot accused of defiling his eight year old step-daughter has been denied cash bail.

Principal Magistrate Kenneth Cheruiyot ruled that the Wilson airport based pilot Ledama Ole Sultan will remain in custody until the eight year old victim testifies in the case.

Ole Sultan is accused of defiling his step daughter on 30 September 2018 at South C in Nairobi.

Through documents filed by DCI Child Protection Unit inspector Everlyne Mboya, the prosecution opposed the release of the suspect on bail on grounds that he would interfere with the case.

The court heard that the accused is at flight risk since his mother and other siblings are United States of America citizens.

Court was told that by the virtue of his profession, the investigators believe he has built strong social ties across the globe hence more reasons why he is a flight risk.

The Jomo Kenyatta International Airport (JKIA) pilot is accused of entering in the room of the 8 year old on that fateful day, undressed her and defiled her.

The victim got fractured and was admitted at Nairobi hospital where she was treated.

According to the doctors, examination revealed that the victim had anal injuries and fecal inconsistence.

Despite the doctors revealing this information to the mother of the child, she has allegedly refused to accept that the victim was defiled.

“It has taken three months of counselling to get the child to disclose the perpetrator,” reads the affidavit.

The court heard that the release of the accused on bail will jeopardize the hearing of the case and the ends of justice will be defeated.

During investigations, the victim revealed that the step-father is a violent man who beats her and her mother and that she is very scared of him.

The accused is said to be an authoritative figure to child and therefore is influence or power over the child is real and will cause fear in her testifying against him.

It was submitted that the accused and the victim live in the same house and if released, continued interaction will cause fear in the child of testifying against him.

CHINESE NATIONALS SELLING ‘GAME MEAT’ LOCKED UP PENDING INVESTIGATIONS.

By Nairobi Times -
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Chinese nationals Shang Li Yan, Xing Wei, Zhang Jie and a Kenyan David Maseno Oseko before a Nairobi Magistrate Court on Tuesday January 9, 2019. /PHOTO BY S.A.N.
BY NT CORRESPONDENT.

Three Chinese nationals busted with ivory and a tortoise in Kilimani Area Nairobi has been detained for five days to allow police complete investigations.

The police approached a Nairobi Court through a miscellinous application seeking to detain Shang Li Yan, Xing Wei, Zhang Jie and David Maseno Oseko for ten days on grounds that there is likelihood that the suspects are wanted in other police stations for similar offences.

While appearing before Senior Resident Magistrate Muthoni Nzibe, the investigators submitted that they needed more time to apprehend the respondents’ accomplices as they suspect the four are part of a cartel dealing with poaching.

The Chinese were arrested on 8thJanuary at their resident in Aberdare courts in Kilimani, Nairobi while Kenyan alleges to be an employee of Yan.

It is alleged that neighbours complained of a ‘nauseating smell and upon search, four deep freezers were found containing decomposing meat of various animals.

Also recovered in the suspects’ house were two polished elephant tasks, two human sculpted ivories, five assorted ivory bangles, seven beaded ivory necklaces valued at Sh 4 million, one leopard skin valued at Sh 500,000, one rhino horn valued at Sh 1.8 million among others.

The police accuse the suspects of being at flight risk for failing to disclose their normal everyday activities.

Oseko is yet to furnish the investigators with proof of employment by Yan and has not disclosed his normal fixed abode.

Their lawyer opposed the prosecution  application saying that nothing had been submitted to show existence of a cartel.

The court further heard that even existence of a cartel should not stop the state from charging them.

The matter will be mentioned on Monday 14 for further directions.

DPP LOSES SECOND BID TO REINVESTIGATE GOVERNOR OJAAMONG.

By Nairobi Times -
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Busia Governor Sospeter Odeke Ojaamong with his lawyer Danstan Omari before Milimani Anti-corruption Chief Magistrate Douglas Ogoti .
BY SAM ALFAN.

Director of Public Prosecution has suffered a major blow after high court dismissed his application seeking to set aside trial court orders barring EACC from carrying out investigations in a case facing Busia governor Sospeter Ojaamong.

High Court Judge John Nyabuto Onyiego dismissed the DPP application saying he did not find anything illegal, incorrect or improper in the trial court’s holding and finding , the prosecution’s investigations in the alleged forgery of documents would form basis of separate case.

“”Accordingly, it is my finding that the application is not merited and the same disallowed and the original file be returned to the trial for proceedings to continue as scheduled,” ordered Judge Onyiego.

The judge said the trial court has wide powers to admit or not to admit certain evidence subject to the rules of evidence on admissibility.

Justice Onyiego further said it is not the duty of the high court to micro manage the court proceedings before the subordinate court.

“The court cannot for instance keep directing the lower court on which evidence to admit or not admit. A criminal trial is self contained in terms of procedure regarding admission of evidence,” ruled the judge.

The judge further noted said that, where the final verdict is not satisfactory to either to either party, the aggrieved party shall have a right of appeal.

DPP filed the application in the high court seeking orders to review and reverse the orders made by Milimani Anti-corruption Chief Magistrate Douglas Ogoti blocking further investigating the case in the ongoing trial of the governor.

He further wanted the court to pronounce the correctness , legality or propriety of the order issued on 4 of December last year.

Prosecution further applied to be allow to adduce the evidence gathered in the respect to the certification of the intended defence exhibits marked for identification during the prosecution case.

While opposing DPP application, Ojaamong lawyer Danstan Omari told the court that , the application was misconceived as it was inviting the high court to micro manage the trial court proceedings.

Lawyer Omari further argued that the documents in question are public documents which are printed and gazetted and do not need verification.

Last year court barred the agency from carrying out investigations in a case facing Busia governor Sospeter Ojaamong.

“The application dated 14 November 2018 is allowed to the of barring the EACC or any other officer acting under its instructions from conducting any investigations pertaining to the subject matter pending hearing before this court (this case) of the purpose is for use in this case”. ruled Ogoti.

Anti Corruption Court Chief Magistrate Douglas Ogoti issued the order barring further investigation on grounds that the matter is still before court.

” The continued investigation by the EACC is ban faith since the investigations came to an end when the governor was charged and trial is almost over” the court said.

The order by the court came after Ojaamong his lawyer Danstan Omari made an application seeking to block EACC from probing matters pending before the court.

” There cannot be an investigation on the subject before the court without express permission of the court”. said the magistrate.

In his ruling, Ogoti said no party in the proceedings is allowed to go behind the back of the court in this case EACC which is an investigative agency to investigate a matter pending before it without the knowledge of the court.

He further said EACC move was bent to interfere with the process of the trial and also with the integrity of the trial itself.

Magistrate added that, the court will restrict itself to the fact that have been submitted to it for investigations by the prosecution and the defence.

He said documents marked for identification by defence is evidence submitted to the court for investigations as per the requirement by the definition of the term ‘evidence’ in evidence Act.

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