Blog Page 268

GOVERNMENT GIVEN GREEN LIGHT TO CONSTRUCT HOUSES.

By Nairobi Times -
0
Civil servant houses in Ngara.
BY REPORTER.

The government can now go ahead and construct over 7,000 housing units in Shauri Moyo, Starehe constituency,

High Court dismissed an application to have the plan stayed pending appeal.

Justice Wilfrida Adhiambo Okwany ruled that the relationship between the parties is that of a landlord and a tenant  which means that the tenant cannot stop a landlord from taking over his building and carrying out construction work as long as the tenant is given adequate notice to vacate the premises.

“For the above reason I am not persuaded that the applicants have satisfied the condition on substantial loss to be suffered if the stay pending the appeal is not granted and I find no reason to venture into discussing the last condition for granting of stay order which is the order for security for costs,” said Judge Wilfrida Okwany.

The court further note the over 300 tenants did not demonstrate that they are not able to secure alternative accommodation for themselves and it was not enough for them to merely state that they have school going children and disabled children in the suit premises and that substantial loss will result.

The more than 330 civil servants moved to court in 2014 and obtained orders blocking the Ministry of Lands from ejecting them from their houses in Starehe and Shauri Moyo, to pave way for the construction of the houses.

The proposed project had entitled civil servants to homes of between Sh4 million and Sh25 million to be paid in a period of 20 years.

Investors were to build the units under a public-private partnership in which they would finance construction, operate for some time to recoup their investments and profit before transferring ownership to the State.

During hearing of the stay application the government argued that it had since the year 2014 intended to extend affordable housing to its citizens with full involvement of the applicants in line with the constitution. Adding that the applicants fears of violent evictions were unfounded .

Further the court heard that the allegations that school  going children, the elderly and the disabled would be affected by the evictions were not proved .

“Allowing the application would cause substantial loss to the government as the housing project compromising 10,000 units that the government had initiated in 2014,”argued the respondents.

TWO CHINESE JAILED FOR BEING IN KENYA ILLEGALLY.

By Nairobi Times -
0
Chinese Nation Li Wenlong and Wu Deren who pleaded guilty to two counts of being in Kenya illegally on Wednesday November 7,2018/PHOTO BY S.A.N.

BY NT REPORTER.

 

Two Chinese have been jailed for one month for being in the country illegally.

“The accused has been convicted upon upon pleading guilty. They will serve a 30 days imprisonment or pay a fine of 50,000 each”. Ordered Magistrate Mutuku.

The two Li Wenlong and Wu Deren pleaded guilty to two counts of being in Kenya illegally.

Li Wenlong and Wu Deren are said that on 6th day of November this year at China Superscope Limited located in Royal square building along Ngong road in Nairobi , being China national holder of China passport were found to be unlawfully present in Kenya without a valid pass or permit allowing them to be present.

Their lawyer told the court that the two were ready to fly back to their country upon fine payment and they already have air ticket.

Prosecution told Nairobi Senior Principal Magistrate Martha Mutuku that the accused were in the country three months after the expiry of their permit.

DPP ACCUSED OF LAXITY IN THE MURDER ATTEMPT OF FORMER GARISSA FINANCE OFFICER.

By Nairobi Times -
0
Mohamud Hussein Aden and Juliet Charity Njoki accused with attempted murder of murder of former Garissa finance Executive Idris Aden Muktar before Nairobi Court on Friday November 2,2018/PHOTO BY S.A.N.

BY SAM ALFAN.

The family of a former Garissa County finance executive officer who is fighting for his life after he was shot in the head is now accusing the Director of Public Prosecution and the DCI for not investigating the further to bring all people involved in court.

Dr Aden Mukhtar, the father of former Garissa County finance CEC Idriss Mukhtar while addressing the media at Milimani Law Court said that they took Idriss to India for further specialized treatment but lamented on how the investigations are taking long.

“Our hopes of getting justice is fading and is almost diminishing am going to see my son with a broken heart. There’s no justice here. This petition will go to the high court and will see if we can now get another justice from the judges or will see if these people are commanding judge’s ” said Dr Aden.

He said his life could be danger after filing the petition because his son was shot over the degree issue.

He said the family is disappointed with state agencies that are tasked to do justice for victims especially office of DPP and DCI.

“The DPP is paying what Korane did to his father during the campaigns. That’s our interpretation as a family because all supporters of Korane voted for Senator Haji” Said Dr Aden.

He accused the Director of Criminal Investigations of being part of alleged cover-up.

“The DCI cannot be spared now, i think he is part of coverup. I have seen him three times at his office. The last time i saw him i went there at 8:00 am and i was sitting there the whole day i met him at 8 PM at night camping there to see him, when i saw him i think it was normal story investigation is going on” said Aden.

While speaking to NairobiTimez over the allegations, Director of Criminal Investigation George Kinoti termed the allegation of cover up as malicious and baseless.

“Let them shame me before God and Kenyans, public by giving,exposing to Kenyans that called ‘ part of cover up’” DCI Kinoti said while speaking to NairobiTimez.

“They have a brilliant and seasoned lawyer who i am confident cannot spare me or anybody without disclosing to Kenyans that what am covering up. I humanly understand their pain that shutters patience and strength. It is not the first case that i am still straining and laboring to find the nexus but sure to”. Said DCI.

Two accused were in September charged with the attempted murder of former Garissa CEC Idriss Mukhtar.
Mohamud Aden and Juliet Njoki were also charged with conspiracy to kill lawyer Charles Kanjama.

“Three suspects were arrested and two are due for trial. It is easier said than done. It is easy to condemn the DCI but the same accusers given same situation, can be interesting to see how they would act or respond” DCI Kinoti told NairobiTimez.

The governor and his brother are behind the shooting of my son.
He further accused the sitting governor Ali Korane for the said shooting of his son who is currently admitted in hospital under critical conditions.

He said he applied for early retirement from the civil servants to avoid being victimized for criticizing the authorities.

“I wrote to TSC seeking and asked for early retirement and i want to thank the commission they have allowed to leave the job” Muktar father said.

He said that his son is still in a comma and that according to the doctors even if he recovers, his son will suffer permanent disability.

The suspects were accused of attempting to murder Mukhtar on August 19 and plotting to kill Kanjama between July 1 and September 27.

They denied the charges before Nairobi chief magistrate Francis Andayi.

SUSPECT IN SH140 MILLION LOST ON TRANSIT TO DUBAI DETAINED.

By Nairobi Times -
0
28 year old George Gitau Maina with his lawyer in Sh 140 million  before Nairobi Court on Wednesday November 7,2018.

BY NT CORRESPONDENT.

Police allowed to detain the second suspect in Sh 140 million for 14 days to investigate how monies allegedly in Dubai while on transit.

The suspect George Gitau Maina was ordered detained at Muthaiga Police Station after the officers from the Directorate of Criminal investigations (DCI) made an application to detain him pending the conclusion of the Investigations.

In an affidavit filed by Investigation Officer Emmanuel Ngetich, on May 15,2018 The Inspector General National Police received a letter from Ministry of Foreign Affairs that Gitau left Dubai on March 4,2018 with stolen money amounting to AED 5 Million (140 million).

The prosecution through Lindsey Mugambi told trial Magistrate Bernard Nzakyo that police require an order of the court to hold the suspect to allow them complete investigations.

The prosecutor said that the DCI launched investigations immediately and informed the Director of Immigration Services on May 15, 2018 to place the mentioned suspects on movement control and on July 3, 2018 the first suspect Rebecca Mueni Musau was arrested in Namanga border control trying to cross to Tanzania without any apparent reasons.

The court heard that she was picked, interrogated at her place residence in Kamulu Kangundo road was searched and a total of Sh 13,130,000 was recovered without any accountability.

The DCI through Interpol Nairobi received an international warrant in case No. 26251/2018 Criminal Dubai against the Musau.

M’s Mugambi said that the second suspect Gitau was arrested on November 6, 2018 at his home in Mwihoko area and a total of Sh 240,000 was recovered from his house with some land title deeds.

It is said that on March 4, 2018, the respondents together with others bot before court stole the said amount from a Company named Transguard cash on transit vehicle destined for refilling ATM at Dierra city mall in Dubai in the United Arab Emirates.

The officer told Magistrate Bernard Nzakyo that the investigations into this weighty matters requires ample time so as to visit areas of interest which the suspect might have hidden some other monies including bank accounts.

“I swear this affidavit in support of my application for the said respondents not to be granted bail until such time the investigations are completed in order to dissuade them from interfering with the ongoing investigations,” Said Ngetich.

Mueni had been arraigned in court on July 5, 2018 where the police also sought to detain her for 14 days.

The court further heard that the police will be seeking to have the lady extradited to Dubai where she is wanted.

Three Kenyan suspects are believed to have returned to the country after the robbery.

United Arab Emirates security operatives are collaborating with Kenya police and Interpol officers in the search for the gang.

Theft of money in transit is very rare in Dubai, police said. Security firms providing money transit services are trained regularly to keep a track of their employees.

 

GARISSA GOVERNOR ALI KORANE ACADEMIC PAPERS CONTESTED IN COURT

By Nairobi Times -
0
Father of Former Garissa Finance Executive Officer Dr Aden Muktar Bare with lawyer Lynn Owano speaking to journalists outside Milimani Law Courts after filing petition challenging the academic papers of Governor Ali Korane on Wednesday November 7,2018.

BY SAM ALFAN.

Father of Former Garissa Finance Executive Officer has filed a petition before the High Court challenging the academic papers of Governor Ali Korane.

Dr Aden Muktar Bare, the father of Idriss Aden Mukhtar, who was shot on August 19, said his son was in the process of filing the case before the shooting. Mr Mukhtar has since been flown to India where he is still in a comma.

In the petition, Dr Bare through lawyer Lynn Owano of Kanyama advocate wants the court to declare the seat vacant arguing that Garissa Governor presented fake academic papers, thereby breaching the constitution.

Dr Bare said in the petition that Governor Korane breached the violated the Leadership and Integrity Act by filing and presenting certificates yet he does not possess the same.

He said a few months after last year’s General Election and after the Governor assumed office questions began to emerge as to the authenticity of his Masters of Business Administration degree certificate.

“”Few months after the general elections and after the governor assumed office questions began to emerge as to the authenticity of the aforementioned MBA degree certificate. In a bid to confirm the authenticity or otherwise of the said MBA degree certificate one Mr Feisal Hassan Mohamud wrote the Registrar of Academic affairs at the University of Nairobi through his lawyers Musyoka Murambi & Associate Advocates on 26th January 2018” said Dr Aden.

He said on January 30, the University through the office of Deputy Vice Chancellor replied allegedly saying Governor Korane did not a graduate with a Masters in Business Administration. The University allegedly disowned the certificate.

He claimed while trying to get the true picture of the Governor’s academic qualifications for purposes of filing this petition, his son Idriss was shot in the head in a bitched assassination attempt on the night of 19th August.

“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” said Dr Aden in the affidavit.

He further claimed the governor through various media platforms has distanced himself from the issue of the invalid MBA degree certificate.

He 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 unauthentical 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.

Mr Mukhtar, a former Garissa County executive, was shot at White Star restaurant along Kandara Road in Kileleshwa, Nairobi.

 

TWENTY FIVE TO TESTIFY IN KPLC SUPPLIERS GRAFT CASE.

By Nairobi Times -
0
10 Traders and Suppliers of Kenya Power and lighting Company limited at Milimani Anti-Corruption courts where they are charged with various counts of corruption and being irregularly being given tender in the government corporation.

BY NT CORRESPONDENT.

Director of Public Prosecution has lined up 25 witnesses to testify in a corruption case against 14 directors from various limited companies over the loss of millions of shilling Kenya Power and Lighting Company.

The state confirmed before Anti-Corruption Chief Magistrate Lawrence Mugambi, that all prosecution witness statements and exhibits have been supplied to the defence.

The court heard the during trial the prosecution will call expert witnesses, an officer  from Registrar of companies, National Construction Authority Officer, Independent Procurement officer, documents examiner, bank officer and cyber crime officer from DCI. Court was further told prosecution will also rely on around 50 documentary exhibits and electronic evidence.

The hearing will  take 225 hours that is one month seven days with the prosecution taking  three hours  for each witnesses in giving evidence inchief, while the defence will tak similar hours the pre-trial  conference confirmed.

14 directors  were charged before  anti- corruption court, Nairobi  for fraudulently obtaining over Sh 15 million  from Kenya Power and lighting Company by   irregularly  being prequalified for  Labour and Transport tenders.

The  accused are said  to have  obtained the money between  the year 2016/17.

The  prosecution  has submitted before told trial magistrate Lawrence Mugambi, that the accused were irregularly awarded  contracts and money belonging to the public paid to their respective companies.

The accused  Catherine Wamalwa, Christine Nyawara, Catherine Wanjiko, Edwin Macharia and their other co-accused   denied  the criminal charge and the court directed to deliver ruling  over bail terms.

The criminal charge against limited companies directors  comes barely a week after KPL top managers including the Chief Executive officer  Ken Tarus  and his predecessor  Ben  Chumo were arraigned in court charged with the  offence of procuring substandard transformers worth over sh 409 million.

The other managers who were alongside the CEO included Commercial Services Manager KP Mungai, Finance Manager Joshua Mutua, ICT Manager Abubakar Swaleh, Regional Coordination Manager Samuel Ndirangu and Supply Chain Manager Stanley Mutwiri.

Also charged were a couple James Njenga Muingai and Grace Wanjira Muingai, and their son John Muingai who are directors of Muwa Trading Company Ltd, said to have received millions of shillings for supplying sub-standard transformers.

KAYOLE REDEEMED BISHOP, CHURCH MEMBERS CHARGED WITH FRAUD.

By Nairobi Times -
0
Andrew Gitonga M’Taramba (contractor), Mellon Ng’endo Maina, William Nyamu Joseph (Bishop), John Njeru Ndungo (Bishop) and Florence Wanjiru Tiras (Businesswoman) charged with conspiring to defraud the church of plot No. D4-199 in Kayole by falsely pretending that they had the authority to sell the said property on Tuesday November 6,2018/PHOTO BY S.A.N.

BY REPORTER.

Two Kenya Redeemed Church Bishops and church members have been charged with conspiracy to defraud the church its piece of land.

The five church member Contractor Andrew Gitonga M’Taramba,  Mellon Ng’endo Maina, Bishop William Nyamu Joseph, Bishop John Njeru Ndungo and businesswoman Florence Wanjiru Tiras are accused of conspiring to defraud the church of plot No. D4-199 in Kayole by falsely pretending that they had the authority to sell the said property.

The alleged offence was committed between 1st January 2012 and 15th October 2012 in Nairobi, jointly with others not before court.

The five congregants were also charged with making a document without authority on or about 15th October 2012 with intent to defraud.

The court heard that the accused, jointly with others not before court and without lawful authority, made a special power of attorney and sale agreement for plot No. D-144 Kayole, purporting them to be genuine drawn and filed by Wandugi Karathe & Co Advocates and issued by Kenya Redeemed church.

Lastly, the accused persons were charged with uttering false documents to wit power of attorney and sale agreement drawn and filed by Wandugi Karathe & Co Advocates to Mwangi Chiera, the Deputy Director Housing Development Department Nairobi County.

The accused persons are alleged to have secretly split from Redeemed Church of Kenya and formed their own church by the name New Life Redemption Ministries between 2012 and 2013.

It is during this period that they are said to have jointly transferred ownership of Redeemed Church to their new Ministry. Wandugi Karathe & Co. Advocates is said to have denounced the said documents.

The five denied the charges before Senior Principal Magistrate Martha Mutuku and were released on a bond of Sh 200,000 or a cash bailof Sh 100,000.

WITNESS AT PAIN TO EXPLAIN FATE OF LAND TRANSFER DOCUMENTS IN MP ARAMA CASE.

By Nairobi Times -
0
Pakistan national Ahmed Muhammad nisar who claimed to have bought the land in Nakuru while knowing foreigners can't own a land in Kenya without president authority testifying in Sh 60 million  case against Nakuru Town MP Samuel Arama on Tuesday November 6,2018/PHOTO BY S.A.N.

BY NT CORRESPONDENT.

A witness in Sh 60 million case against Nakuru Town MP Samuel Arama and three others, was taken to task over refusal to transfer sale agreement documents to the legislator whom he sold the land in Nakuru County.

The prosecution witness, Mr Yusuf Mustafah Ratemo, while being cross examined by defence Lawyer Danson Omari, said he identified his signature on the letter of agreement for sale but declined having transferred the suit land to the law maker.

The witness told trial Magistrate Alex Kombo, in his evidence he owned no land in Nakuru, but in cross examination by Omari he admitted having a piece of land within the County but could not remember who sold him.

The witness denied knowing Benson Onkoba who is also an accused person in the case but later on changed his testimony and said he knew the accused.

” The property i sold in Nakuru the transfer agreement were signed by the lawyer whom i can not remember now” he told the court.

Mr Omari accused the prosecution witness of lying to the court .

The MP and his co-accused Mr i Onkaba were released on Sh1 million cash bail or a bond of Sh2 million each.

They were charged with an offence of fraudulent acquisition of land, they got a reprieve after their lawyer pleaded with the court to have them released on bond saying that it’s their constitutional right.

Mr Arama had appeared before Chief Magistrate Douglas Ogoti last month where they denied seven counts of conspiracy to defraud. They are said to have been committed the offences between August 3, 2015, and August 11, 2015.The prosecution said the two conspired to defraud Ahmed Muhammad Nisar of his plot in Nakuru municipality.

The two are said to have pretended that they were carrying out a genuine land transfer of plot Nakuru Municipality block 6/95 within Nakuru County to Samuel Otara Arama. Arama was also charged with making a land sale agreement without lawful authority in respect of plot Nakuru Municipality block 6/95, the property of Nisar, purporting it to have been signed by Yusuf Mustafa Ratemo.

In another count, Arama was charged with uttering a land sale agreement to the Ethics and Anti-Corruption Commission investigators purporting to have been signed by Mr Ratemo. On August 7, 2015, Arama was accused that at the offices of the Ministry of Lands, Housing and Urban Development in Nakuru Town, he willfully procured the issuance of certificate of lease and registration of transfer of lease of plot Nakuru Municipality Block 6/95 to himself.

Pakistan national claimed he bought the land 12 million but claimed the property was valued 4 million.

According to the documents the photo used in the documents is not different from the one used to transfer the property.

“Am just seeing now that the photo in the documents is not mine” said witness.

Tasked on whether he knows he cannot own a land in Kenya without president authority, he said he was not aware about it.

He told the court that there’s another civil case pending before Nakuru court. The said land is under Arama name.

KEYCORP DIRECTOR CHARGED.

By Nairobi Times -
0
Keycorp Real Advisory Limited Director Peter Kuguta Weru who was charged with failure to apply for VAT registration as required by VAT Act.

BY NT REPORTER.

Keycorp Real Advisory Limited Director has been charged before a Nairobi Magistrate Court with failing to apply for registration of Value Added Tax.

Peter Kuguta Weru is accused that on February 2018, jointly with another not before court, failed to apply for VAT registration as required by VAT Act.

Weru is charged alongside his company is also accused for failing to deduct and remit to the commissioner value added tax amounting to Sh 8,250,000 between 30th March 2018 and 20th October 2018.

He also facing three charges of defaulting on an obligation imposed under the tax law between 2015 and 2018.

He pleaded not guilty to the charges before Senior Principal Magistrate Martha Mutuku.

He was released on a bond of 300,000 or a cash bail of the same amount.

FIVE JUDGE BENCH SET DECEMBER FOR DCJ MWILU CASE.

By Nairobi Times -
0
Lady Justice Hellen Omondi Francis Tuiyott (centre) and  Chacha Mwita who are members of five judge bench to hear DCJ Philomena Mwilu case sitting in High Court today.
BY SAM ALFAN.

Five judge bench has extended orders suspending Deputy Chief Justice Philomena Mwilu prosecution for corruption. Orders were issued restraining plea taking.

Through lawyer James Orengo, Justice Mwilu opposed her taking of plea on the grounds that the charge sheet was defective and the reasons for her arrest wanting.

Orengo argued that the charges were criminalising “a purely commercial transaction that took place five years ago” and that there was “no factual foundation” for instituting charges against the Deputy Chief Justice.

The DCJ is facing abuse of office and failure to pay taxes and improper dealings with Imperial Bank.

The bench five judge to hear and determine the include Justice Hellen Omondi, Mumbi Ngugi, Francis Tuiyott, William Musyoka and  Chacha Mwita.

The judges were appointed by the chief justice after judge Chacha Mwita agreed that the case raises weighty issues that needs to be addressed by uneven number of judges.

The five judges set date 6 of  December for  hearing.

DPP through lawyer  Dorcas Oduor said  that they have  framed 11 issue for determination.

The bench is expected to first rule on two applications by the Federation of Women Lawyers (FIDA Kenya) and International Commission of Jurists, Kenya who are seeking to be enjoined in the case.

At the same time the DPP and Attorney General have opposed applications to have FIDA, ICJ Kenya and Adrian Kamotho from being enjoined in the case.

In a short direction the court directed that parties agree on the issues for determination and should the parties.. AG, DPP and the DCJ fail to concur on issues, the court has said it will pick them instead.

Subsequently the prosecution also withdrew an application  which  they wanted the matter be heard before the high court Anti corruption division.

During today’s mention FIFA ,ICJ and lawyer Adrian Kamotho applied to be  enjoined Inthe case as interested parties.

Deputy Chief Justice Philomena Mwilu has filed a petition before the High Court seeking to stop criminal proceedings against her over charges of abuse of office and graft.

1...267268269...455Page 268 of 455
Nairobi Times
Powered By NTimes

POPULAR POSTS

POPULAR CATEGORY

Powered By Nairobi Times