Blog Page 270

KAYOLE REDEEMED BISHOP, CHURCH MEMBERS CHARGED WITH FRAUD.

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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.

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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.

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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.

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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.

WOMAN IN BABY MURDER TO REMAIN IN POLICE CUSTODY.

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28 year old woman Mercy Chepng'eno Ruto who allegedly killing his four months old boy 
BY SAM ALFAN.

A woman arrested on Saturday for allegedly killing her four months old child will remain in police custody  for a period of ten days. 

Trial Magistrate Benard Zakyo, allowed the  application by the prosecution to detain  Mercy Chepng’eno Ruto to enable them complete investigation.

The prosecution through Lindsey Mugambi, told the court police wanted 21 days to carry out the investigation, perform postmortem, DNA tests so as establish the cause of death.

Police claimed the deceased was found  lying dead at dumping site area of metrological staff quarters headquarters in Nairobi on 24th of October having been murdered and wrapped in green disposal paper bag.

“Since the body is for a child age around five months and nobody had came up to claim the same, DCI appealed to the public for anybody with the information through social media to share the same”. Said Sargent Kosgey.

Court was told investigating officer is yet to retrieve the phone data for the respondent , conduct the postmortem , do DNA sampling from the respondent for DNA analysis and record statement from witnesses and mental assessment.

Police established on the 21 of October, the suspect left her rural home to Nairobi where she was coming to secure employment at metrological staff quarters being employed by one Pascaline Chemaiyo.

It is alleged that Chepngeno  left home with her four month’s son and strangled the deceased, put the body in her bag and travelled to Nairobi where she later damped the body.

They claimed if the suspect is released before the investigations are complete, there is likelihood she will interfere the investigations and compilation of evidence. 

The 28 year old woman was arrested at her rural home in Kuresoi Nakuru County and brought to Nairobi where the incident took place.

She has confessed to strangling the child before  dumping the body at the  staff quarters of meteorological department.

Police who saw the body, said the child seemed to have been tortured.

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TRADER CHARGED WITH SELLING COMMODITY WITHOUT COMPLIANCE.

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Nairobi businessman Jitendrakumar Amritlal Shah who pleaded not guilty to charge's of selling commodity without compliance on Monday November 5,2018/PHOTO BY S.A.N.

BY NT REPORTER.

Nairobi businessman has been charged with selling commodity without compliance.

Jitendrakumar Amritlal Shah is accused that on the 20th of June this year at Oil seal and Bearing centre along Dar-el-salam road in Nairobi was jointly and unlawfully found selling a commodity to with a motor vehicle engine part oil seal without affixing an ISM (Import Standardization Mark) of quality and tractability in contravention of the Kenya Bureau of Standards regulations.

He is also accused on unknown date jointly with others not before court , made a false import standardization mark stamp used for the purpose of quality standardization by the Kenya Revenue of Standardization with intent to deceive.

He pleaded not guilty before Nairobi Senior Principal Magistrate Martha Mutuku.

He was released on a cash bail of 100,000 and a bond of 200,000. Hearing is set for tomorrow.

BACHMAN INVASION ENTERPRISE DIRECTOR IN TAX CASE CHARGED.

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Bachman Enterprises limited director Denis Joseph Shijenje before a Nairobi Court on Monday November 5,2018/PHOTO BY S.A.N.

BY NT CORRESPONDENT.

A Bachman Enterprises limited director has been charged in a Nairobi court with several counts of defaulting to pay 200 million taxes.

Denis Joseph Shijenje was charged alongside the company that on diverse dates between November 2015 and June 2016, jointly with another not before court, unlawfully defaulted on an obligation to pay tax amounting to Sh 15 million by due date to the commissioner as imposed by the Income Tax Act.

Shijenje faced two more similar charges of defaulting to pay the same amount for November 2016 and June 2017 and November 2017 and June 2018.

Similarly he was accused of omitting from a return an amount which should have been included contrary to the tax procedures Act.

It is alleged that between 20th December 2016 and 20th October 2018 knowingly omitted from the Value Added Tax (VAT) for the said period sales amounting to Sh 295 million which they ought to have declared to the commissioner of taxes.

He denied the charges before Senior Principal Magistrate Martha Mutuku who granted the accused bond of Sh 500,000 and one surety of the same amount or a cash bail of Sh 500,000

MUKTAR ATTEMPTED MURDER SUSPECT TRIAL PUSHED TO NEXT YEAR.

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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 NT CORRESPONDENT.

The hearing of the criminal case in which two people are accused with the attempted murder of former Garissa County finance executive Idriss Mukhtar has been fixed for February 2019.

Trial Magistrate Francis Andayi directed the case to be heard on 6th and 7th February.

Mohammud Hussein Aden and Juliet Charity Njoki are accused of attempting to kill Mukhtar and his lawyer Charles Kanjama.

The two denied the charges and are out on a cash bail of Sh 500,000 pending the conclusion of the case.

Court heard that twenty five witness statements and fourteen exhibits are ready. The prosecution however informed the court that forensic investigations are ongoing and they intend to add eleven more statements upon once investigations are done.

The defense informed the court that they are yet to be supplied with the statements the prosecution intends to use against their clients.

Lawyer Dunstan Omari representing Aden told the court that they will take instructions from their clients on how to proceed once they are supplied with the documentary and statements.

He also informed the court that at the time of arrest, Sh 400,000 cash, two phoned, ATM cards, National Identity Card and a motor vehicle belonging to his client was confiscated by police and would like them released if they were not part of the exhibits.

Njoki’s lawyer Sam Nyaberi also requested the court to order the release of her two phones and National ID if they were not part of the exhibits.

The court heard that the two are unable to access their monies or carry out day to day transactions without their IDs.

However, according to the prosecution, the items confiscated from the accused are part of the exhibits.  Mohammud Lexus car and money are part of exhibits. Court further heard that Njoki can collect her ID from the police but Aden’s is to subjected to further verification since he is a former military officer.

“We need a maximum of two weeks to verify the ID of the 1st accused since wee need clarification from the Kenya Defense Forces (KDF),” the prosecution submitted.

Aden and Njoki are alleged to have committed the offense on 19th August 2018 at White Star restaurant along Kandara road in Kileleshwa, Nairobi, jointly with others not before court.

On Monday Nairobi Magistrate Court dismissed Director of Public Prosecution application seeking to put an accused in attempted murder of former Garissa Chief finance executive Idris Muktar under witness prosecution.

The accused Mohammud Hussein Aden  said he was not interested in protective custody as offered by the prosecution in their Application to review bail or bond terms.

Chief Magistrate Francis Andayi Court directed that since the accused had made his decision then the Application by the Prosecution is dismissed.

Lawyer Dunstan Omar opposed prosecution application and the court agreed with defence.

“The accused must be protected like any citizen. He is an accused person not a witness”. Said Omar lawyer.

DPP through senior deputy director of public prosecution Catherine Mwaniki,filed a certificate of urgency urging the court to review bond terms by putting the accused on custody or under witness protection pending conclusion of the trial.

The prosecution claims the accused , Mohammud Hussein Aden’s life is in danger and will be safe if under protection or in custody pending the hearing and determination of their case.

DUTCH LAWYER IN DEFILEMENT CASE DETAINED.

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Dutch retired lawyer Hans Egon Dieter Vriens before a Nairobi court where he pleaded not guilty.
BY NT CORRESPONDENT.

Nairobi Magistrate Court has detained aDutch national charged with defilement.

Court ordered the accused to remain in custody until the victims testifies in the case.

The 66 year old Hans Egon Dieter Vriens is accused that on diverse dates in the year 2014 in Nairobi, he defiled a 10year boy..

The retired Poland lawyer is also facing a charge of defiling a eight old girl in year 2011 in Roysambu.

The accused is facing other two sexual offences.

Prosecution said the accused has been hiding for the last six months and changed his residence and could not be traced even through his number.

“The accused was found hiding in a vacant house in a closet within the apartment to evade the arrest and therefore likely  to disappear if bailed out” said prosecution.

Further the prosecution believes that he is in communication with some witnesses and if released on bail he is likely to interfere with witnesses .
He pleaded not guilty to four  counts of defilement. He was arrested in Kasarani by Detectives from the Child Protection Unit &Transnational Organized Crime Unit.

MAKUYU TRAFFIC OFFICERS CHARGED WITH GRAFT FREED.

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Two Police Inspector Seth Nalyanya Barasa and police constable Evanson Mureithi Munyaka before Nairobi Anti-corruption Magistrate Court on Friday November 2,2018/PHOTO BY S.A.N.
BY NT CORRESPONDENT.

Two traffic Police officers charged with corruption have been acquitted.

Anti-corruption Chief Magistrate Lawrence Mugambi acquitted Police Inspector Seth Nalyanya Barasa and police constable Evanson Mureithi Munyaka both attached to Makuyu Police who were arrested and charged with three counts of misuse of office, dealing with suspect property and being in possession of unlawful obtained property.

The magistrate said prosecution failed to demonstrated their case.

“The recovery of the money is not properly demonstrated and the accused are acquitted” ruled magistrate.

Magistrate set them free citing failure of a key witness to testify in the case.

Mr Mugs mai said the key witness, Mr Jack Musomba, who found the money never recorded a statement and was never called as a witness.

The two were charged on the 28 of January 2017 at Makuyu area along Kenol -Thika road being persons employed by a National Police Service as Inspector of Police and Constable respectively attached in Makuyu police station, traffic duties jointly used their office to improperly confer benefit of Kshs 25,500 from various drivers as indictment not to charge the said driver with unknown traffic offence.

They were facing other two charge’s of abuse of office and being in possession of unlawful property.

Inspector Barasa and Constable Munyaka denied that they were arrested by the officers from the Ethics and Anti-Corruption Commission (EACC) with Sh20,500 at Mukeu area within Makuyu along the Kenol-Thika Road.

The two, were suspected to have received the money from motorists as bribes not to have them charged for flouting various traffic offences.

The accused were out on a cash bail of 60,000 each.

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