Blog Page 262

EACC BEGINS INVESTIGATIONS ON GOVERNOR KORANE’S ACADEMIC PAPERS.

By Nairobi Times -
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Garissa Governor Ali Korane

BY NT CORRESPONDENT.

Ethics and Anti- Corruption Commission has commenced investigations against embattled Garissa Governor Ali Korane over his academic qualifications.

This follows a petition filed by Aden Muktar Bare, whose son Idriss was shot as he pursued the matter.  Mr Bare filed a petition before the High court seeking to declare the Garissa Governor seat vacant arguing that Korane presented fake academic papers to be cleared for the gubernatorial race, thereby breaching the Constitution.

In a sworn affidavit, EACC investigator Kevin Langat says that preliminary investigations shows that Korane  while seeking clearance of the commission to vie for the position of governor of Garissa county government in 2012  and 2017, he filed a self- declaration form indicating that he possesses a master’s degree from university of Nairobi.

The officer further says Korane later submitted to IEBC a copy of self-declaration form which he had presented to the EACC in 2017.

Langat said that preliminary investigations reveals that the said self- declaration form presented to IEBC shows that he possesses a master’s Degree and that highest qualification he holds is a Bachelor of Arts in International Studies and Diplomacy from Washington International University.

“A close analysis to some pages in the self-declaration from presented to IEBC reveals that the information was altered to remove MBA degree and replace it with Bachelor of Arts in International Studies and Diplomacy from Washington International University. The commission is the process of investigating the same,” says the investigator.

According to the documents, it is said that University of Nairobi in a letter dated August 20,2018 denied issuing the MBA degree certificate to governor Korane and confirmed that the same was a forgery and that his name does not appear in any other the graduation booklet.

Langat has informed the court that upon competition of the investigations over the matters in question, the EACC will forward the report to the Director of Public Prosecutions Noordin Haji for further direction.

Bare through lawyer Charles Kanyama  says that Korane breached the violated the Leadership and Integrity Act by filing and presenting certificates at IEBC during last year’s general election yet he does not possess the same.

He claimed while trying to get the true picture of the Governor’s academic qualifications for purposes of filing the petition, his son Idriss was shot in the head in a bitched assassination attempt on the night of  August 19,2018 at White Star restaurant along Kandara Road in Kileleshwa, Nairobi county.

“During the course of investigations into the attempted assassination, which are still ongoing, it emerged that the respondent is a person of interest and the issue of is academic qualifications is also in question and has been investigated by the Directorate of Criminal Investigations,” reads the court documents.

Bare said that he was reliably informed by the team of investigating the assassination of his son that once the issue of the renounced MBA degree certificate came to light, the governor unsuccessfully attempted to swap the invalid MBA degree with unauthentic foreign degrees namely Undergraduate Degree in International studies and Diplomacy allegedly from Georgia Washington University, Washington, USA (year unspecified) and Master of Science degree in police leadership and management allegedly from Leicester University (1995).

He said the attempted murder of his son was planned to silence him against pursuing the matter.

It is said that the governor through various media platforms has distanced himself from the issue of the invalid MBA degree certificate.

LOBBY SEEKS TO BAR JAMBOPAY FROM REVENUE COLLECTION.

By Nairobi Times -
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Bunge La Mwananchi president Henry Shitanda outside Milimani Law Courts.

BY NT CORRESPONDENT.

Bunge La Mwananchi has moved to court seeking to stop Jambo Pay from collecting revenue on behalf of Nairobi County Government.

In the case filed before the High Court, Henry Shitanda and Bunge La Mwananchi claim they are concerned at the rate the County Government of Nairobi is losing millions of shillings daily.

It is their argument that Jambo Pay have conducted business without indicating the accounts receiving money on behalf of the County Government. They also allege that the company has refused to show their books of accounts, audit and relevant documents to the County Government for supervision.

Web tribe Ltd, the owners of Jambo Pay has been doing business in the county government since 2014 and it is the petitioners argument that the company has been conducting illegal transactions in relation to contract between them and the County Government. ”Despite numerous requests by the County Governments to have the servers located at Nairobi City Hall the prayers have landed on deaf ears,” state court documents.

They now want the court to restrain Jambo Pay from conducting operations, until the servers are located at Nairobi City County for supervisions.

Further they want the court to restrain the company from carrying out the business until their Audit report has been submitted to the County Government and the Auditor General for scrutiny.

Further the petitioner’s claims that Danson Muchemi and Robert Murithi, the managers of the company have declined Nairobi County Government access to the servers for confirmation if the day to day activity in regard to the payments made.

“The two have neglected the public procurement and disposal act 2005 and have gone forth to charge an excess amount (4.5%)against the said Act, “ said Shitanda.

VETTING OF PRIVATE GUN OWNERS TEMPORARILY SUSPENDED.

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Interior Cabinet Secretary Fred Matiangi. 
BY NT CORRESPONDENT.

High Court has temporarily suspends government directive to have all private gun owners undergo fresh vetting.

Justice John Mativo also suspended the notice pending the hearing and determination of a case filed by the by the National Gun Owners Association (NGAO).

He further temporarily suspended the appointment of new members of the Firearms and Licensing board.

The Association filed application challenging government decision that all gun holders should undergo fresh vetting.

They want the directive issued by Interior CS Fred Matiang’i that revoked their licenses to pave way for fresh vetting suspended until their case is heard and determined.

The exercise is expected to begin on December 17 and will be carried out by the Firearms Licensing Board (FLB), which according to Matiangi seeks to establish, maintain and monitor a centralized electronic register of all private citizens holding firearms.

In the petition filed before the Milimani, the association are also challenging decision that suspended outdoor shooting range license.

NGAO argues that the move by the state to suspend the license for their outdoor shooting range in Gitata Farm at Kirigiti Kiambu even though it is not a licensed firearm dealer is illegal.

FAMILY BANK TO PLEAD GUILTY TO SH1.6 BILLION NYS MONEY LAUNDERING CASE..

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BY SAM ALFAN.

Family Bank and its senior managers have agreed to plead guilty to money laundering charges in relation to the Sh1.6 billion scam at the National Youth Service (NYS).

In a statement filed before chief magistrate’s court in Milimani, the Bank agreed to enter into a plea bargain agreement with the Director of Public Prosecution.

In the plea agreement filed in court on Monday 17, bank through its CEO John King’ori is expected to plead guilty to six counts of failure to report transactions equivalent to or exceeding 10,000 US dollars.

The transactions are alleged to have been made by Josephine Kabura, a prime suspect in the NYS scam.

According to the agreement, if the bank rejects his plea of guilty, the plea agreement shall be rendered null and void and no party shall be bound by it.

The Bank has further agreed to pay Sh64,500,000 as fine for the six counts, their senior managers face. If agreed the amount will be dispersed to NYS and part will remain as court fine.

The Bank has proposed to send Sh24,500,000 which will be deposited into account of NYS and the balance of Sh40 million will be deposited as court fine.

“The accused persons is entering into this plea agreement and is pleading guilty freely and voluntarily without promise or behalf of any kind,” reads the plea agreement.

“If the accused person-(the bank) fails to comply with the terms and conditions set forth in the plea agreement, the state may fully prosecute the bank on all criminal charges that can be brought against it,” reads part of the agreement.

The agreement is dated December 11, 2018 and signed by secretary public prosecutions Dorcas Oduor.

Trial Magistrate Francis Andayi has directed the DPP to supply the Kingori and his co-accused with the agreement before Thursday when they are expected to be in court.

MAGISTRATE ORDERS BUSINESSMAN MOHAN GALOT TO FACE TRIAL.

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City tycoon Mohan Galot with his wife Santosh Galot before Nairobi Chief Magistrate Court on Monday December 17,2018./PHOTO BY S.A.N.

BY SAM ALFAN.

A Nairobi court has ordered a criminal case against a city tycoon Mohan Galot to proceed without further delay.

In his ruling Milimani Chief Magistrate Francis Andayi on Monday afternoon said that the businessman has no orders from superior courts restraining him from proceeding with the trial of case against him.

In the case Mohan is facing nine counts of Making a document without authority, uttering a false document and giving false information to person employed in a public office.

The businessman and his wife Santosh had lodged an application seeking orders to stay their further prosecution relating to the 22 counts of fraud and forgery after the High Court in June last year reinstated the charges against them.

They wanted the matter stayed on grounds that they are the directors of the of the Galot Group Companies and there is no way they would be complaints and at the same time be accused person in the case.

The duo were charged afresh with 22 counts of fraud after the high court overturned magistrate’s decision not to prosecute the tycoon on September 3, 2017.

The High Court reinstated the charges against them after the lower court had terminated three cases of forgeries after the charges were found to be defective.

Mohan Galot and his wife Santosh who are directors of Galot Group of Companies were acquitted by former Milimani Chief magistrate Daniel Ogembo who has since been appointed as a High Court Judge following application by their lawyer Kiraithe Wandungi saying the charges were not properly drawn since there is no complainant.

Ogembo in his ruling noted that the battle for the control of the Galot Group of Companies has serious legal differences with several applications pending in court.

Mohan had applied for stay at the higher courts which were all dismissed thus ordering the trials at the subordinate courts to proceed.

However, andayi said the other two criminal matters where Mohan is charged alongside his wife will remain suspended pending the outcome of the high court applications.

Andayi also noted that the the accused persons move to file several matters in various courts is an attempt to delay the proceedingsin the cases from taking off.

While dismissing the application to stay the cases he said that galot has been filling similar application seeking the same orders.

Mohan Galot is accused on the January 18, 2002 at unknown place with intent to defraud and without lawful authority made a certain false documents namely notification of change of directors and secretaries of King Woollen Mills Limited Company numbers 21676 purporting it to be a genuine documents made by the directors of King Woollen Mills Limited Company. He is facing other charges.

Prosecution alleged that on March 18, 2002 at Sheria House Registrar of companies offices Galot knowingly uttered false document namely notification of change of directors and secretaries of King Woollen Mills Limited Company numbers 21676 dated January2002 to Registrar of companies.

He is also accused on or about the May 18,2007 at unknown place with intent to defraud and without lawful authority made a false document namely annual return for the year 2006 of king woollen mills limited company purporting it to be a genuine document made by the directors of king woollen mills limited.

The family has fallen out over the ownership and control of the Multi billion Shilling businesses, which include Kings Wollen Mills, Manchester outfitters limited and London Distillers where several cases are still pending in the court.

In cases Mohan and his wife had been charged with forging the companies documents and interfering with the particulars of directors and shareholders of Kings Woolen and Mohan Meakin.

Prosecution had alleged the two had forged the signatures of public officers in the ministry of Land and Registrar of Companies to transfer three prime properties to MG Park Ltd without the consent of the other directors of Galot Industries.

Earlier the couple had informed the court that Pravin Galot a nephew to them is not a director or shareholder of companies namely Galot industries limited and Kings Woolen Mills Limited.

GARISSA COUNTY ORDERED TO DEPOSIT 26.5 MILLION IN COURT TO PAY FORMER OFFICIALS.

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Three former Garissa County Executive officer from left to right: Idriss Muktar incharge of Trade docket, Muktar Burale (water) and Salah Yakub (Environment and Energy) during a past event at KICC./FILE PHOTO.

BY SAM ALFAN.

Employment and Labour relations court has ordered Garissa couny government to pay half of Sh 53 million to three former county executive officers for wrongful dismissal.

The Court ordered county government to deposit 26.5 million and the rest within 30 days.

Justice Hellen Wasilwawhile making the orders said that the monies should be deposited in court within 30days

“That stay be and hereby allowed on condition that halve decretal sum of Sh26.5 million is released t OK the claimant and the other half is deposited in court within 30 days,”ruled the judge.

Two Garissa County Government executive Committee members failed to honour court summons to appear before Employment and Labour relations court as ordered to explain failure to pay an award of over Sh53 million paid to three former executive on 4 December.

Only a representative of Controller of budget appeared before Justice Hellen Wasilwa as directed.

The court had ordered two officials to appear in court and explain why the amount has not been paid to Idris Muktar and two others, as directed.

Justice Wasilwa had ordered the County Executive Committee finance and planning Robe Said Nuno and County Chief Officer , Directorate of Finance and Planning Mr Ibrahim Malow Noor to appear in court on 4 December.

The court further summoned the controller of budget to appear in court on the same date to shed light on the matter.

“The Controller of budget or her authorized representative is also summoned to attend court on December 4, to confirm whether there is a budgetary provision that can cater for the said 53,671,084.81 judgment debt,” ordered judge Wasilwa.

The Garissa County Executive officer from left to right: Idriss Muktar incharge of Trade docket, Muktar Burale (water) and Salah Yakub (Environment and Energy) filed a suit before Labour and Employment court seeking the said county government officials compelled to pay the award of Sh53,671,084,81 within 21 days.

They also sought an order directing Controller of budget to implement the budget of the County Government of Garissa by authorizing withdrawal of the amount, being the a sum of damages awarded equivalent to 12 months’ salary and the benefits under contract including gratuity for a period of the date.

In a court documents filed under certificate of urgency through lawyer Mumo Kanyama, the family of Idriss said their son was shot in the head in an assassination attempt and he has been in a coma since then. He has since been taken to India for specialized treatment.

The family said due to the prolonged stay at hospital, his family has incurred medical bills in excess of Sh20 million.

“The family has also incurred transport and evacuation cost as well as accommodations costs for the few family members taking care of him in India”, said Kanyama.

They claim Idriss may continue with specialized treatment in India for a minimum of six months and a maximum of eighteen months within time which medical costs will continue to go up.

They further added that the father of three was a sole breadwinner of his family. According to the court documents, the three children are aged six, five and two years.

The case has been in going on since 2015.

ANGLO LEASING CONTRACT WAS UNDER OFFICE OF THE PRESIDENT, COURT TOLD.

By Nairobi Times -
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Anglo leasing accused persons Deepak Kamani, Rashmi Kamani,  Chemanlal Kamani and other accused persons before court during the hearing of the case./FILE PHOTO.

BY NT CORRESPONDENT.

Two prosecution witnesses has testified that the documents related to Euros 59 million Controversial Anglo leasing contract tender were handled by the Office of the President.

Levin Kyunde Mwandi, a former police officer told trial magistrate Martha Mutuku that the Kenya Police does not have any original documents in relation to the said tender for a contract know as E-Cops.

”In regard to the request for documents on Kenya E-Cops security, Law and Order system for Kenya Police by Ethics and Anti-Corruption commission, I wish to state that the entire process was undertaken by the Office of the President,” said Mwandi.

The officer was testifying in a case where businessmen namely Deepak Kamani, Rashmi Kamani and Chemanlal Kamani and former Finance Minister the late David Mwiraria, three former PSs Joseph Magari, Dave Mwangi and David Onyonka are accused of conspiracy to defraud the government Euros 59,688,250 through a suppliers financing agreement for the computerisation of security, law and order systems and procedures of Kenya police code named E-Cops.

Another witness, Philip Langat, Principal Records Management officer in the office the President told the court that the office of the PS Provincial Administration and National Security received several letters from the defunct Kenya Anti-corruption (KACC) requesting various documents related to the security projects that had been handled by the office of the President.

He said the said letter related to suppliers Financing agreement between Infotalent Limited and the Government of Kenya.

“ The letters were considered secret and were therefore dealt with by the PS. Occasionally, KACC would come for the originals and with permission from PS, I would give them out,” said Langat.

Over 20 witness including several senior government officials and other witnesses from out of the jurisdiction have testified in the case through video conferencing.

The court has been told that the contract namely suppliers financing agreement for the computerisation of security, law and order systems and procedures of Kenya police code named E-Cops project was executed on November 11,2003.

In the case Infotalent limited and the Kamanis alone are charged with fraudulent acquisition of Euros 3,500,266 on April 21 2004 .

The company and the businessmen are also charged with acquiring Euros 1,786,898 paid by the government without delivery of financing services.

Mwiraria ,former PS’s Dave Mwangi, Joseph Magari and former debt administrator David Onyonka are charged with engaging in a project without prior palling and abuse of office.

Ealier the accused persons had made several attempts to higher courts seeking to block arrest and prosecution.

The case has been adjourned to January 15, 2019.

IRANIANS ON TERROR CHARGES THEIR CONTINUED DETENTION IS POLITICALLY MOTIVATED,SAYS AHMEDNASIR

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Senior Counsel Ahmednasir Abdullahi and behind his clients two Iranians Ahmad Abolfathi Mohammed and Sayed Mansour Mousavi before Supreme Court.

BY SAM ALFAN.

Two Iranians detained in Kenya under supreme court orders has accused the court of exercising illegal political powers without lawful jurisdiction over the two Iranians.

Ahmad Abolfathi Mohammed and Sayed Mansour Mousavi through their lawyer Ahmednasir Abdullahi accused the superior court of being used by the state to legitimatize the illegal and unlawful detention of the the two.

They further accuse the court  which is led by Chief Justice David Maraga of exercising what they term as “political justice”.

“The proceeding herein is in nature of a political show trial conducted by the court at the insistence of the state. Like all political show trials, the judgment of the Court, if the Court’s two previous rulings in the matter are anything to go by is a pre-determined and a foregone conclusion. The Respondents are reluctant participants in this political show trial,” Ahmednasir said in submissions.

The senior counsel submitted that the two are prisoners of conscience held by government of Kenya with the assistance of the supreme court and are being detained or held pursuant to orders issued by the court under powers that are essentially political and obviously extralegal.

The duo accused the court of being bias against them and lacks impartiality and the minimum ingredients of independence from the state and it agents in hearing and determine the case.

“This total lack of independence on the part of the Court has been extravagantly exhibited in the two rulings delivered by this Court in this matter. The Court had previously based its decision on extraneous political factors/considerations that are underpinned by a nationalistic affinity between the Court and the state. The two previous rulings were not based on a known statute or the Constitution of Kenya,” said Ahmednasir.

He added that there was zero chance of success appeal by look of submissions “the appeal is bogus” and term it as incompetent and frivolous appeal.

“The appellant (DPP) is not relying on the strength of the case, it is relying on this court to do it one final favor and simply continue the detention of the respondents,” submitted Ahmednasir.

Ahmednasir said the order of 23 of February this year by supreme court is the start of the problems facing Ahmad Abolfathi Mohammed and Sayed Mansour Mousavi and the author of their misfortune is the court.

He said the said order gave seal of judicial approval to the illegal and forced detention of the Respondents by the state notwithstanding their acquittal by the Court of Appeal.

He further said the court allowed the state to hold the respondents in a manner that is not regulated by a known legal regime.

“When the Inspector General of Police failed to comply with the court order, we duly filed a contempt application. Despite the state by exercising it from complying with the court order,” said Ahmednasir.

Supreme Court judges led by Chief Justice David Maraga ordered that the two be held in custody in a manner that is in accordance with the law without violation of their rights pending an application by the Director of Public Prosecutions (DPP) seeking to quash their release.

Ahmad and Sayed filed the contempt-of-court proceedings against Boinnet alleging that they were held in a police cell in a deplorable condition in contempt of their rights enshrined in the Constitution.

The Director of Public Prosecution moved to the Supreme Court seeking to quash a decision that set free two Iranians who were jailed by high court over terror-related charges.

Supreme court  Justice J.B Ojwang directed that Ahamad Abolfathi Mohammed, and Sayed Mansour Mousavi remain within the jurisdiction of the supreme court.

“The applicant will be contesting the release by the appellate court, of the two who were facing charges bearing claims of serious threat to the security of citizens –notable the charge under the Explosives Act,” rule justice Ojwang.

The court further certified the matter as urgent.

The DPP in its appeal say that it is dissatisfied with the judgment issued by the court of appeal adding that it erred in law by quashing the sentence and setting the two free.

He says that it is clear that legal burden of prove in criminal cases is only one and rest upon the shoulders of prosecution adding that it remains constant throughout the trial and does not shift.

Ahmednasir also claims that the evidence adduced and sought to be relied on by the prosecution in this case is very circumstantial and not direct evidence.

Supreme Court suspended decision by court of appeal that acquitted and ordered repatriated of two jailed Iranian over terror links.

“We order that pending the filing, hearing and final determination of the applicant’s intended appeal, the respondents’ acquittal by the Appellate Court is hereby stayed and the respondents shall be held in police custody”. Ruled the court.

JAILED SENATOR JOY GWENDO RELEASED ON A CASH BAIL OF 400,000.

By Nairobi Times -
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former nominated senator Joy Gwendo outside justice Grace Ngenye Macharia courtroom on Friday December 14, 2018./PHOTO BY S.A.N.

BY SAM ALFAN.

High Court has released jailed former nominated senator Joy Gwendo on a cash bail of 400,000 pending hearing and determination of her revision application.

This is after she deposited bankers cheques of 1.731,732 million in the account of Kisumu East Cotton Cooperative Society as ordered by the court yesterday.

High Court criminal division judge Grace Ngenye Macharia released Gwendo pending revision application.

“I order that the applicant to be released from custody upon payment of a cash bail of 400,000 pending hearing and determination of the revision application,” ordered judge.

Gwendo filed an application in the high court seeking to vacate orders by the trial court.

Gwendo urged the court to reverse or vacate decision rendered by Nairobi Anti-Corruption Chief Magistrate Douglas Ogoti sentencing her to serve two year imprisonment.

She also applied the court to direct release of the prisoner upon depositing with the court the bankers cheques for Kshs. 1.731,732 million .

The former nominated senator also sought to be admitted on bail pending full revision.

jailed former nominated senator Joy Gwendo leaving courtroom yesterday

Her lawyers submitted a cheque of 1.731,732 million in court which justice Grace Ngenye Macharia yesterday directed it to be deposited in the account of Kisumu East Cotton Cooperative Society and return to court to hear other issues.

Gwendo was produced in court by officers from Langata Prison and later escorted to Milimani law court basement cells.

On December 7 this Gwendo was sentenced to serve for two years imprisonment without the option of fine on account for failing to pay 1,731,732 million being compensation to the Kisumu East Cotton Cooperative Society.

Jailed former nominated senator Joy Gwendo escorted out of a courtroom yesterday.

On 10 December ,Gwendo approached the trial court in a bid to secure a mention date to facilitate payment of compensation an attempt that failed.

She claim that the trial Court directive amounts to a total failure of justice as it failed to consider the material fact that payment was tendered in terms of plea bargaining arrangement.

She further claims the amount in question was sacco deposits by Kisumu East Cotton Cooperative Society members who stand to suffer irreparable prejudice of being kept out of their money any further especially in the circumstances where full compensate is offered.

Joy Gwendo brother Biko Gwendo swore a supporting affidavit.

HIGH COURT SUSPENDS DEMOLITION OF GRAND MINOR FIVE STAR HOTEL.

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Demolished Manor Hotel in Gigi.
BY SAM ALFAN.

The high court has suspended ongoing demolition of a grand manor five-star hotel situated area of Gigiri for seven days pending appeal.

Justice Eboso issued limited conservatory suspending the process pending appeal.

“Conservatory is hereby issued to remain in force for seven days during which period the applicant will file an appeal and seek appropriate interim relief in the appellate court,”. Ordered Eboso.

The court further suspended the enforcement notice.

“The material enforcement notice is accordingly suspended for seven days,” court ordered.

Whitehorse Investment Limited through lawyer Kithinji Marete, told the court Nairobi County Government descended on the suit property last night with bulldozers and embarked on demolition of the property.

“The applicant urges the court to conserve the property pending either of the two options. Its position is that only a portion of the property has been demolished,”. Marete.

Lawyer Kithinji told the court that, there is grave danger that the Respondent will move to effect the notice and effectively interfere irreversibly with the property comprised as NAIROBI/BLOCK 91/239.

He urged the court to stay the orders pending the filing of an appeal from the decision of 11th December, 2018 delivered by Justice Eboso, this Court be pleased to grant an interim conservatory order restraining their agent, representative,assignees from interfering with the property registered as NAIROBI/BLOCK 91/239.

Court on Tuesday gave go-ahead to demolish a five-star hotel which is constructed in Gigiri that belongs to businessman Praful Kumar are after a judge dismissed the case by the owner terming it premature.

Justice Benard Eboso dismissed the petition by Whitehorse Investments limited, saying the businessman had failed to appeal against the decision by the County Government at the physical planning liaison committee before moving to the Environment and Land Court.

Nairobi County Government had served the businessman with enforcement notices December 14, 2017, requiring them to stop further construction of the hotel.

But the businessman said he had obtained all the required approvals from the County for the construction of the hotel along UN Avenue of Limuru road. He claimed he was shocked to receive the letter asking him to stop further construction and remove the foundation.

Attempt by Whitehorse Investments limited lawyer Kithinji Marete to secure stay orders pending appeal were decline despite endless effort to plead with the judge.

He told the court that , U.S embassy is behind the the demolition and they have been conduct surveillance on the top of the multi-million hotel.

The court heard that the project was 75 per cent complete and he had spent over Sh200 million in the construction. He further told the court that he had paid the inspection fee of Sh2.9 million and it was upon the County Government to undertake the inspection because it was their duty.

The proprietor maintained that the letter was malicious, unreasonable and the County was shifting the burden to him.

The building owner told Justice Eboso that the construction had not been condemned and it did not pose any risk, including health to the residents nearby.

The court heard that the hotel was being constructed with high standards by reputable contractor and supervision was being done by qualified professionals.

On its part through lawyer Harrison Kinyanjui, the County Government said the notice was issued with Section 30(1)of the Physical Planning Act and the Nairobi County building by-laws, a legal framework which is geared towards containing and controlling developments within the City.

Lawyer Kinyanjui said the Act provides for mechanism for appeal to the liaison committee, which the proprietor had ignored. He further said the owner had ignored the Physical Planning Act and was trying to use the court to propagate the impunity.

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