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SENATOR JOY GWENDO JAILED FOR TWO YEARS.

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Former nominated senator Joy Adhiombo Gwendo before Nairobi Anti-Corruption Chief Magistrate Douglas Ogoti who jailed Gwendo for two years on Friday December 7,2018.

BY NT CORRESPONDENT.

Former Nominated Senator Joy Gwendo has been jailed for two years.

“The accused is hereby sentenced for two years imprisonment. No right of appeal”. ordered Ogoti.

Anti-Corruption chief Magistrate Douglas Ogoti said the that the accused was dishonest.

“It is noteworthy to note that by entering into plea bargaining and exercising plea bargaining agreement and yet she could not honor it”. ruled Magistrate.

The court further jailed for six months.

Joy Gwendo was accused on October 23 2016 at Chiga Parish in Kisumu East, Kisumu County, she stole Ksh2,226,880 belonging to Kisumu East Cotton Growers Co-operative Society.

She is accused of forging a cheque No.000072 drawn on Kenya Commercial bank account number 1179132254 of Ksh 200k purported to be drawn in favour of Kivuli Development Initiative and signed by Willy Kipkorir Bett.

The charge sheet further state she issued two forged cheques to appease the farmers for Ksh300,000 and Ksh 950,000 respectively, the offence being committed at the KICC in December 2016.

Prosecution accused Gwendo for using her position as a state official to benefit of Ksh2 million.

Gwendo  had denied the charges and was freed on a a cash bail 300,000 shillings  or a bond of 600,000 shilling’s.

TRIAL OF BILLIONAIRE GALOT AND WIFE STILL UNCLEAR.

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Tycoon Mohan Galot and his wife Santosh Galot before Nairobi Court on Thursday December 6,2018./PHOTO BY S.A.N.
BY SAM ALFAN.

A Nairobi Magistrate Court has postponed yet again, a ruling on whether to suspend criminal charges against tycoon Mohan Galot and his wife Santosh Galot, pending the outcome of case pending before the High Court.

Appearing before trial magistrate Francis Andayi on Thursday, the parties were informed the court was yet to finish writing the ruling. The Magistrate promised to deliver it on December 14.

The Galots have applied for the case to be suspended, pending the determination of a case pending before the High Court.

According to the Galot’s, the dispute before the High Court is regarding the shareholding and ownership of the said company.

In the criminal proceedings, his nephews Pravin Galot and Rajesh Galot want them prosecuted for forgery and changing the shareholding of their companies.

On his part, Mohan argues that the criminal case was brought out of malice and the investigating officer in collusion with his accusers, Pravin and Rajesh Galot want to frustrate his ownership in Galot Industries.

He has also accused them of planning to extort, defraud and blackmail him.

“In the clarity of the High Court matter, the Attorney General has since filed his final report with all supporting documents revealing that the two adversary parties have fraudulently made themselves directors of the complainant company

MUNYA DEFENDS SACKING OF EPZA BOSS BUT CEO KIDENDA FIGHT BACK.

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Embattled Export Processing Zone Authority CEO Fanuel Kidenda with his lawyer Danstan Omari outside Milimani Commercial Court on Thursday December 6,2018./PHOTO BY S.A.N.
BY SAM ALFAN.

Trade and Industry Cabinet Secretary Peter Munya has defended his move to replace the CEO of Export Processing Zone Authority Fanuel Kidenda.

In reply to a case filed by Kidenda, Munya said he has the law empowers him to appoint persons to the position, on conditions and terms of employment which shall be determined by the minister.

Munya further confirmed that he visited the corporation’s headquarters where he informed the former CEO of his intention to appoint an acting CEO.

“I further introduced the new acting CEO in the presence of the former and board members and instructed him to hand over to his successor the following day since he contract was expiring on that day,” said Munya.

He termed an alleged re-appointment of Kidenda July 31, 2018 as fraudulent because it was allegedly signed without due process.

Munya added that Kidenda lied as his predecessor (former Minister) was out of the country on the dates of the alleged new appointment.

“My predecessor had travelled to the United States of America on official duty from 7th to 14th July 2018 hence he could not have been physically present to approve, confirm and renew the petitioner’s reappointment.

He argued that the petitioner has not demonstrated that the decision to appoint the new CEO George Makateto was unreasonable, irrational or illegal and neither the petitioners demonstrated that the appointed candidate lacks skills and qualifications.

Munya states that Kidenda was first appointed in September 2015 and the contract was for a fixed period of three years. He added that the contract expired in September 2018 and was not renewed.

However, embattled CEO through lawyer Danstan Omari dismissed Munya’s claims and termed them as malicious and meant to taint the reputation of his client.

Omari said the former Industrialization Cabinet Secretary did receive a letter dated 6th July 2018 from the corporation’s Board communicating a resolution to extend the term of the CEO.

Omari submitted that Aden had travelled outside the country in company of Kidenda and others on official duty when he wrote the letter addressed to the session Chairman informing the EPZA board of the appointment of the petitioner as CEO for another three years and attaches a dully signed gazette notice.

Omari further said Aden is the author of the said reappointment letter and signed the gazette notice and the same are not forged as sensationally stated by Munya.

According to Omari, Aden was still in office on 11th July 2018 when he confirmed the renewal of Kidenda’s contact before handing over cabinet portfolios to Munya.

‘EX-GOVERNOR’ COUSIN IN COURT ON FRESH CRIMINAL CHARGES.

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Businessman Emanuel Okello and Elizabeth Waiyego Njangiru before Nairobi Chief Magistrate Court Francis Andayi where they pleaded not guilty to eleven counts on Wednesday December 5,2018./PHOTO BY S.A.N.

BY NT CORRESPONDENT.

A businessman alleged to be causin of former Nairobi Governor has been charged afresh in Nairobi court with more than 10 criminal counts.

Emanuel Okello and Elizabeth Waiyego Njangiru are accused of intending to defraud Isaac Kamau Ndirangu of his parcel of land by forging an instrument of transfer for the said land purporting it to be genuine drawn and filed by M/S Yunis Mohamed and Associates Advocates

Okello , Elizabeth and Joem Consultants Limited are alleged to have wilfully and unlawfully procured for themselves the registration of the said land situated at Nyari area in Nairobi valued at 80,000,000 million shillings by falsely pretending that a certain instrument of transfer for the said land was genuine.

Additionally Okello, Njangiru and the firm are also accused of obtaining 35,000,000 million shilings from Arshad Shamsudin Alibhai and Nafisa Arshad Alibhai by falsely pretending that the land was valid and genuinely registered.

It is alleged the offence was committed between 3 November and 29 December 2016 in Nairobi jointly with others not before court.

Further the accused persons are accused of obtaining another 37,000,000 million from Karim Hassanali Shariff by pretending that the land was valid and genuinely registered.

They are alleged to have committed the offence between 24 November 2016 and 28 January 2017 in Nairobi.

In another count Okello and Njangiru are accused of making a false letter of allotment for the said land purporting it to be genuine and signed by City council of Nairobi town clerk Nelson Waswa Otindo

Similarly the duo are accused of knowingly and fraudulently uttering a forged letter of allotment dated 28th November 2009 for the Nyari land to Advocate Norman Khangai Asega purporting it to be genuine issued by the town clerk.

The prosecution claims that they forged a letter Dated 22 March 2016 on proposed sub division of the said land purporting it to be genuine and signed by Dr. Robert K Ayisi, Acting county secretary, Nairobi City County.

The two are alleged to have committed the offence on or about 20th July 2014 at an unknown place within the republic of Kenya jointly with others not before court.

Okello and Njangiru are also accused of forging the Signature of Ndirangu purporting it to be genuine

On similar dates, The Suspects are also accused of forging the signature of Advocate Mutiso Mutinda on the instrument of transfer of the said parcel of land.

In another count they are alledeged to have knowingly and fraudulently uttered a forged instrument of transfer for Ndirangu’s Land to Wanderi Mark Muigai, a senior Land Registrar purporting it to be genuine.

The accused persons together with Joem Consultants Limited are also accused of obtaining registration of land by false pretenses.

The two are also alleged to have uttered the forged letter to Mary Njeri Kamunyu an officer at survey department purporting it to be genuine.

They pleaded not guilty and were released on a cash bail of 300,000 each pending hearing and determination of the criminal case.

WAIGURU TESTIFIES IN SH27 MILLION CASE AT TREASURY.

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Kirinyaga Governor Anne Waiguru takes oath before testifying in a case which two are charged with stealing 27 million from the government on Wednesday December 5,2018./PHOTO BY S.A.N.
BY SAM ALFAN.

Kirinyaga Governor Anne Waiguru on Wednesday testified in a case in which two people are accused of stealing more than Sh27 million from the government seven years ago.

Wiguru, who had been listed as a witness in the case, said she could not remember much about the case. The court also expected her to explain the procedure in which companies are approved through the Integrated Financial Management Information System (IFMIS).

At the time, Ms Waiguru was then Director of IFMIS. But she told Senior Principal Magistrate Kennedy Cheruiyot that she could not remember some of the details and the signatories of the documents since said it was a longtime ago since she left treasury.

In the case, Ms Rosemary Achieng Onam and Duncan Kamau Kiriro are accused of stealing Sh27,103,200. The charge sheet stated that on or about 5 of July 2011, at Ministry of Treasury building in Nairobi, jointly with others not before court, they stole the money from the government.

In her short statement in court, Waiguru told the court there some irregular payments were made and several officers were suspended over the matter. She explained that her duties as IFMIS director were to manage the set-up, design, roll out, management and maintenance of the system.

She added that one of the department’s duties includes the centralized definition of suppliers and employees in the IFMIS system.

She said that the preliminary procedure was for supplier to send a request to the respective ministry to be included in the ministry’s list of suppliers for the category of services he or she is pre-qualified.

LAWYER WANTS SONKO REMOVED FROM OFFICE.

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BY NT CORRESPONDENT.

A city lawyer has filed a petition in court seeking to have Nairobi Govornor Mike Mbuvi Sonko removed from office.

Lawyer Boniface Nyamu seeks to have the court declare and bar Sonko from holding the said office arguing that he is unfit to hold the said office.

He claims that Sonko assaulted an MCA, Records private phone calls and has declined to nominate a deputy governor .

Boniface Nyamu wants the Governor to pave way for fresh gubernatorial elections in Nairobi County.

He is seeking orders to restrain the city boss from transacting any business on behalf of the county government of Nairobi pending hearing and determination of the petition.

The petitioner claims that the governor has engaged in different acts of gross misconduct that are insulting to the people of Nairobi and violated the obligation conferred to him as the duly elected governor of Nairobi.

“The actions of the Governor have gravely and adversely affected the constitutional right and interest of the city residents who elected him,” says Nyamu.

He accuses the Governor of verbal assault and releasing to the public private conversations recorded.

It is his argument that ever since the Governor was elected, he has regenerated on all his promises and is totally clueless on what is happening and the city is now in deplorable condition despite being the prestigious city in East and Central Africa.

“Despite all the failures to perform his constitutional duties, the governor has been busy with ” side shows” and has repeatedly blamed his predecessor Evans Kidero and PS Karanja Kibicho over his inadequacies,” the lawyer argues.

According to Nyamu on 23 May, instead of Sonko steering clear off petty social media arguments and side shows so as to discharge his constitutional mandate, he engaged in an abusive exchange with Senior Counsel Ahmednasir Abdullahi

DPP GIVES WAY OUT PROPOSAL FOR OUT OF COURT DEAL IN NYS MONEY LAUNDERING CASE AGAINST FAMILY BANK AND TOP OFFICIALS.

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Former Family Bank Chief Executive Peter Munyiri, together with other top officials who are charged in court for money laundering.

BY NT CORRESPONDENT.

The hearing of a case in which Family bank and its top managers are facing money laundering charges has been pushed once again.

This after Director of Public Prosecution (DPP) sent a plea bargain proposal to Family Bank and eight of its former officials in Sh 1.6 billion case.

Head of Nairobi Prosecution Daniel Karuri told Senior Principal Magistrate Martha Mutuku that his DPP Noordin Haji has set a proposal to the defense team but they are yet to respond.

He requested for a mention in two weeks time to allow the defense team to respond.

The defense team lead by lawyer Waweru Gatonye and Cecil Miller confirmed receiving the proposal yesterday but had not had the time to respond.

“It is true that negotiations have been going on and very late yesterday we received a final draft from the DPP and we need more time to look at it”. Said Gatonye.

The court was also informed that out of court negotiations are still ongoing.
The bank’s Chief Executive Officer John King’ori is charged alongside former CEO Peter Munyiri, KTDA Branch Manager Robert Oscar Nyaga, Anti-money compliance manager Charles Kamau Thiongo, Head of Risk and compliance Raphael Mutinda Ndunda, Operations Supervisor Nancy Njambi, Relationship Platinum manager Meldon Awino Onyango and Customer Service supervisor Josephine Wairimu.

They are are charged with, among other counts, failure to report significant transactions carried out by NYS scam primary suspect Josephine Kabura Irungu using three accounts held at the bank.

This is the fourth time the trial is being adjourned for out of court settlement negotiations.

EACC STOPPED FROM INVESTIGATING GOVERNOR OJAAMONG.

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Busia Governor Sospeter Ojaamong with his lawyer Danstan Omari before Anti-Corruption court in Nairobi.

BY NT CORRESPONDENT.

Ethics and Anti Corruption Commission (EACC) has suffered a major setback.

This is after 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 tbe 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.

” The prosecution seems to be in a dilemma on how it was obtained “. Said the magistrate.

A witness in anti graft case against the governor has denied having recorded statement with Ethics and Anti corruption commission.

The former acting executive officer Grace Matinde Mchuma, told trial magistrate that officer from EACC only questioned her about the procurement of the solid Waste management and asked her to sign what he had recorded.

The witness who is blind could not record the statement nor did she goe through what the officer had recorded.

She recalled having attended the 44th executive committee meeting on 7 May 2014 where where Solid Waste Management was discussed and adopted by the Cabinet.

While being cross examined by the defence lawyers, she said that the County Government indeed entered and signed Memorandum of Understanding with. Madam R. enterprises, the company that was to offer services.

Governor Ojaamong and five others members of County executives have been charged with conspiracy to defraud the county of Sh 8 million by , engaging in projects without proper procurement process.

EPZA CEO ACCUSES MUNYA OF MALICE IN HIS REPLACEMENT, ASK COURT TO STOP SACKING.

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Trade and Industry Cabinet Secretary Peter Munya.
BY SAM ALFAN.

 

Suspended Export Processing Zone Authority Kenya CEO Fanuel Kidenda has moved to court seeking reverse a decision by Trade and Industry Cabinet Secretary Peter Munya to replace him.

Kidenda also seeks an order compelling

Munya appointing George Makateto the Acting Managing Director of EPZA.

Through his lawyer Danstan Omari, Kidenda wants to be reinstated with all privileges, salaries, allowances as well as being granted access to his office without victimization for the duration of his term.

Lawyer Omari said the CEO was dismissed unprocedurally by Munya and Makateto appointed verbally as the acting MD.

Kidenda further wants an order restraining CS Munya and EPZA from declaring the position of the CEO vacant and resist from recruiting anyone to fill the position.

He was first appointed and gazetted as the CEO as from November 14, 1999 uninterrupted and progressively been risen through the ranks. And through a letter dated March 20, Kidenda communicated his desire to renew his contract.

The EPZA board evaluated his performance under supervision of the State Corporation Advisory Committee (SCAC) and returned “very good” score at a special board meeting held on 4th July 2018.

The results of the evaluation were presented to the EPZ board by SCAC at a special full board meeting held on 6th July 2018 upon which board resolved and recommended renewal of his contract, for further three years.

The board resolution was communicated to the then Cabinet Secretary of Trade and Cooperatives Aden Mohamed on 6th July this year with a copy sent to his Principal Secretary Betty Maina who was present during the meeting of 4th July as a Board member.

The CS concurred with the board resolution and issued the re-appointment letter dated 11th July this year which was forwarded to EPZA on 8th July. A new contract executed between board session chairman Joseph Muisiyo Nzioka and Kidenda for three years effective 21st September.

Munya took over the Trade docket from Mohammed following a cabinet reshuffle on September 13.

On 20th September, Munya purported to relieve Kidenda of his duties and his place, appointed Makateto as acting MD. The CS also wrote to the board notifying them of the appointment.

But Kidenda said his removal and new appointment was done without the board’s involvement and in total disregard of all relevant laws and provisions of government circular and the human resource police of EPZ board.

Kidenda claims the purported dismissal by the CS is illegal, irregular, unprocedural, ultra vires, unreasonable. He further said the move was a witch-hunt actuated by malice and blatant disregard of the law and rules of justice.

The petitioner further argues his employment cannot be terminated by the CS without defence to the Company’s board and as such the purported dismissal is null and void and has no legal consequence.

“The due process was not followed in the dismissal and I was not given any notice of termination or payment,” he said in a sworn statement.

In their replying affidavit, EPZA has termed the contract of employment dated 31st July this year exhibited by dismissed CEO as forgery and fraudulent as it has not offered such contract to Kidenda.

The corporation said that offering a contract of employment to the dismissed CEO and not crystallized as at 31 July 2018 when the forged contract of employment exhibited by the petitioner is purported to have been authored.

“The Board did not make any resolution appointing the author of the purported contract of employment as a session chairperson and equally did not resolve that a contract of employment be given to Kidenda as the CS had not appointed him as such and had not determined the terms and conditions of such an appointment for the board to effectuate the same,” reads EPZA response.

The corporation further claims the person who signed the contract of employment is an imposter and had no authority/ mandate of the Minister through the board of authority to do so.

“No appointment and contract of employment exists between Kidenda and EPZA and the court has no jurisdiction to create an employer-employees relationship as is being orchestrated by the petitioner through uttering forged documents,” argues EPZA.

The corporation Act does not have the position of an acting Chairperson as appointed by the President or session Chair and the petitioner has not established a special condition for granting an injunction.

HIGH COURT SUSPENDS NAIROBI COUNTY’S BAN ON PSV’s ACCESSING CBD.

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Businessman Paul Kobia accompanied by other other business people speaking to journalists outside Milimani Law Courts building./PHOTO BY S.A.N.

BY NT CORRESPONDENT.

High court has suspended decision by the Nairobi County to ban Public Service Vehicles from accessing the Central Business District.

Lady Justice Wilfida Okwany said that yesterday’s ban caused a great inconvenience to the public and dented the economy.

The learned judge further said this follows Nairobi governor Mike Sonko’s decision to lift the ban and it is not known when it will be implemented.

The orders will stay in force until the 11 of this month when the matter will be mentioned.

The orders have been issued in a case in which Businessman Paul Kobia filed a case saying that decision to prohibit PSVs from accessing the Nairobi City is capricious, oppressive, irrational, unreasonable, illegal, unjustified, and unconstitutional and against the rules of natural justice.

Through lawyer Henry Kurauka, Kobia told the court that in the year 2011 or thereabouts, Nairobi Govornor Mike Mbuvi Sonko successfully moved to the court to lift the purported ban prohibiting PSV from accessing the City.

According to him, the circumstances have not changed to allow him to support the ban and he should not be allowed to blow hot and cold when he understands the predicament facing city residents.

“The action will slow and adversely affect the economy because movement of employees, traders, goods and products will be hampered. Further employees who will walk long distances will not be optimally productive” Kobia.

Kobia wants the County Government to comply with Articles 10,35,40 and 46 of the constitution that allows public participation, transparency, information, accountability, equity, among others in making critical decision affect citizens.

He will also seek the court  to issue a permanent injunction and prevent the governor from  implementing decision in future until property infrastructures are put in place and involve public participation.

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