Blog Page 272

QUORANDUM COMPANY LOSES PROPERTY ACQUIRED THROUGH CRIME PROCEEDS TO STATE.

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Quorandum Limited Directors Mukuria Ngamau and Doreen Waithera before Nairobi Anti-Corruption Court during plea talking/FILE PHOTO.

BY SAM ALFAN.

High Court has forfeited a company property that was allegedly bought through proceeds of crime back to the government.

Presiding Judge -High Court Anti-Corruption Division, Hedwig Ong’udi ordered Quorandum Limited to transfer to the Asset Recovery Agency.

“Order is hereby issued transferring Duplex Apartment number C16 situate on LR No. 209/5990/13 grant number 18295/9 to the Asset Recovery Agency”. Ruled Judge Ong’undi.

The judge also ordered 8.8 million shillings recovered from businessman Ezekiel Otieno Owour which was transferred from Quorandum limited to him as a purported loan also be forfeited to to the Agency.

“An order of forfeiture is hereby issued against property known as Duplex Apartment number C16 situate on LR No. 209/5990/13 grant number 18295/9 and Kshs. 8,800,000 to the Asset Recovery Agency”. Judge further ordered.

The judge in her 66 page judgement noted that the forfeiture orders against the said property known as Duplex Apartment is not affected by the outcome of the criminal proceedings where the Quorandum limited has been charged.

According to the judgement, civil forfeiture proceedings are not subject to presumption of innocence which is a criminal law phenomenon.

The case before court was in respect to of recovery of Duplex Apartment which was procured by Quorandum Limited using unlawful obtained funds plus the Kshs. 8.800.000 transferred to Ezekiel Otieno Oduor as a purported loan.

According to court documents seen by NairobiTimez.co.ke, the Asset Recovery Agency moved to court on 3 of January 2017 seeking the said property and 8.8 million be forfeited to the government.
The Agency further wanted the court to issue orders to facilitate the transfer of forfeited assets to the government.

The application was supported by affidavit sworn by the Agency Director Muthoni Kimani and investigating Officer Chief Inspector James Munyuru attached to the agency from DCI.

They obtained a preservation order of the apartment and order directing Ezekiel Otieno Owour to to deposit 8.8 million into an account that was indicated in the miscellaneous application dated 26th of October 2016.

The preservation orders were obtained from finding of the investigation conducted by Director of Criminal Investigation which established that funds amounting to 180,894,946 million were unlawfully transferred from Youth Enterprise Development Fund (YEDF) Bank account without provision of any services.

Investigations further established part of the money was used to procure the apartment from Duchess Park Development Company Limited at a cost of 48.500,000 million but the same has not been transferred to the Quorandum limited. In addition , 8.8 million was transferred to Ezekiel Otieno Owour as a purported loan.

During the hearing, the Agency through Senior State Counsel Mohammed Adow argued that the apartment and 8.8 million are proceeds of crime liable for recovery under proceeds of crime and Laundering Act.

“It is in the interests of justice that the above mentioned properties be forfeited to the government of Kenya and applied for public good on behalf of citizens of Kenya who are victims of crime”. Submitted Adow.

Two Quorandum Limited directors Mukuria Ngamau, Doreen Waithera and others have an ongoing corruption case before Nairobi Anti-Corruption court.

JIRONGO RESCUED  BY DEVOLUTION CS WAMALWA IN DEBT ROW.

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Devolution Cabinet Secretary Eugene Wamalwa , Politician Cyrus Jirongo (centre) and Sport CS Rashid Achesa leaving Milimani Law Courts after Jirongo was released from police cells on Thursday September 20,2018/PHOTO BY S.A.N.

BY NT REPORTER.

Devolution Cabinet Secretary Eugene Wamalwa has come into rescue of politician Cyrus Jirongo by offering Sh 5 million surety in a civil debt that has caused him to spend two night in police cell.

The surety was one of the condition given by the Deputy Registrar Elizabeth Tanui besides a deposit of Sh 5 million.

The CS placed his logo book of Mercedes Benz whose value is over Sh 5 million. Upon satisfying conditions sets by the court, Jirongo left the cells accompanied by CS Wamalwa and Sport CS Rashid Achesa.

Jirongo walked to freedom  shortly after  1pm.

The  court  suspended to commit him to jail, after his lawyer Dan Omari pleaded that his client needed time to file  documents to show  how settled part of the loan advanced to him by the judgment holder.

The lawyer  told the court that even after the warrants were issued on 6 August 2018, Jirongo proceeded to pay Sh 850,000 which is clear indication of  commitment to honor  the judgment of the court.

The politician was arrested on Monday, after the warrant were issued against him  for failing to appear in court  to show cause why he should not be send to  jail for refusing  to settle debt owed to businessman Bryan Yongo.

JIRONGO TO SPEND ANOTHER NIGHT IN POLICE CELLS OVER DEBT ROW WITH BUSINESSMAN YONGO.

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Former presidential candidate Cyrus Jirongo in deep thought after he was arraigned in court today. PHOTO BY S.A.N.

BY NT REPORTER.

Former presidential candidate in the last year August 8 election Cyrus Jirongo will spend another night in police custody at Muthangari police station.

This after he was ordered to deposit Sh 5 million in court to secure his release so has to enable him to settle Sh 20 million owed to businessman Bryan Yongo.

Deputy Registrar Elizabeth Tanui, said it has been shown by his lawyers Dunstan Omari and Bernard Kakyoko that since the warrant of arrest was issued on 6 August 2018 he has made some payment to settlement debt.

She ordered him remanded at a police station until tomorrow 1pm do to enable him organize for the cash bail.

The court further directed that if the money is not raised by 2 pm, then he will be taken to remand prison.

“I shall give the Judgement debtor (Jirongo) between now and tomorrow to pay the cash bail 1pm tomorrow and currently to be held at Muthangari police station. if he fails to pay then by tomorrow 2pm he should be remanded” ordered Registrar Tanui.

Businessman Bryan Yongo wants him jailed for failing to settle a Sh20 million debt. Yongo told the court he is not ready for any out of court settlement at hall.

“I oppose the application by Judgement debtor (Jirongo) and am not ready for any out of court settlement at all. Am
not ready to be taken rounds again” said Yongo.

His lawyers told the court that he given a proposal to clear the outstanding balance of Sh 9.5 million.

Attempt by his lawyers to plead with court to review the cash bail of 5 million to 900,000 was declined. Registrar said she had already made her ruling.

“We request for more time because of the money involved. We can mention the matter on Monday to confirm compliance,” submitted lawyer Omari.

Tanui had issued warrant of arrest dated 6 August 2018 and ordered OCS Muthangari police station to execute the same with speed.

Registrar in her ruling said that, notice to show cause has been in place for same time, since Jirongo made proposal to decree holder ( Yongo) to settle the debt and has not honored either.

” Its time since the court stamped its authority by issuing warrant of arrest against Jirongo who has been evasive to court orders” she said.

The court said that Jirongo has refused to appear in court to explain reasons why he issued bad cheques to the decree holder.

The amount remains unpaid since the time when the plaintiff obtained judgement against him, the case was filed in 2015.

Mrs Tanui noted that unless same sh 20 million as noted in the margins in the decree, the debtor should be arrested at convenient speed and brought to court to show why he should not be committed to civil jail.

Jirongo was arrested yesterday over debt of Sh 20 million owed to Mr Yongo.

FORMER PRESIDENTIAL CANDIDATE WANTS CHEBUKATI SACKED.

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Former Independent Presidential Candidate Peter Solomon Gichira who has filed a case seeking IEBC chairman declared unfit to hold public office.
BY NT CORRESPONDENT.

Former Independent Presidential Candidate in 8 August 2017 general election is seeking removal of IEBC Chairman Wanyonyi  Wafula Chebukati.

In the documents filed in the High Court, Peter Solomon Gichira wants the  court to hold that Chebukati is unfit to hold  public office  for disobeying court order requiring him to accept his nomination documents.

The high court  had on 26 May 2017 issued  an order directing Chebukati to receive Mr Gichira’s nomination papers to run as an independent presidential candidate, but he (Wafula Chebukati) refused and gave no reasons.

Gichira had successfully applied to the constitutional court and obtained order  requiring IEBC to receive nomination signatures from Independent Presidential Candidates by way of Microsoft Excel, this order was ignored by the commission.

He  says that Chebukati being  returning officer of  8 August 2017 Presidential Elections, treated the applicant unfairly and violated his  constitutional rights.

The court had found that IEBC Chairman by refusing to accept the  applicant’s nomination papers was violation of Article 47 of the  constitution which guarantees fair  administrative action.

“A state officer, for instance, is required to accurately and honestly represent information to the public and demonstrate honesty in the conduct of public affairs , Chebukati has neither met neither of those two requirement, “read court documents.

Chebukati ought to be removed  from office for violating  section 35,47,73, 75 and 232 of the  constitution, the petitioners says.

The petitioner further claims that Chebukati is in gross violation of the Leadership and Integrity Act 2012.

Justice Chacha Mwita directed Gichira to serve all parties appear in court on 24 of October for further directions.

KIBWEZI MP, AND SENIOR CHASE BANK MANAGERS TO REMAIN IN CUSTODY PENDING BAIL RULING.

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Kibwezi Member of Parliament Patrick Mweu Musimba and his wife  Angela Mwende Musimba before Nairobi Court on Monday September 17,2018/PHOTO BY S.A.N.
BY SAM ALFAN.

Kibwezi Member of Boniface Mutisya Musambi, wife and top Chase Bank directors to remain in custody pending bail ruling on Thursday.

This after the trial court ordered the five accused to be detained at Kileleshwa police station awaiting the court ruling on whether to release them on bond or not.

“The accused be remanded at Kileleshwa police station pending bail ruling on 20 of September”. Ordered Magistrate Okwani.

Musimba and his wife were charged alongside former bank’s Chairman Mohamed Khan and several senior managers among them Dancun Kabui, James Mwenja, Makrios Agumbi, Luciane Sunter and Ronald Vlasman.

Court had issued an arrest warrant for both on Friday last week after they failed to appear on Thursday.

They pleaded not guilty to stealing and money laundering charges.

Embattled former Chairman of Chase Bank, Mohammed Zafrulla Khan , MP Patrick Mweu Musimba , his wife  Angela Mwende Musimba, Duncan Kabui Gichu , James Mwaura Mwenja , Makarios Omondi Agumbi , Patrick Mweu Musimba , Angela Mwende Musimba , Lucieni Sunter , Ronald Petrus Vsasman , Porting Access Limited and Itecs Limited are accused that Between 23 of January 2015 and 31 March 2016 at Chase Limited Head office in Nairobi with intent to defraud,  jointly conspired to steal from Chase Bank Limited Kshs.1,150,125,587,20 billion by irregularly disbursing the said amounts to porting Access Limited and Itecs Limited without following the payment process as stipulated under the finance policy of the Chase Bank (k) limited.

Kibwezi Member of Parliament Patrick Mweu Musimba , his wife  Angela Mwende Musimba, former Chase Bank Directors Duncan Kabui Gichu , James Mwaura Mwenja , Makarios Omondi Agumbi before Nairobi Court on Monday September 17,2018/PHOTO BY S.A.N.

Prosecution alleged that Mohammed Zafrula Khan, Duncan Kabui Gichu , James Mwaura Mwenja , Makarios Omondi Agumbi , Patrick Mweu Musimba , Angela Mwende Musimba , Lucieni Sunter , Ronald Petrus Vsasman , Porting Access Limited and Itecs Limited between 23 January 2015 and 31 March 2016 at Chase Bank (k) Limited Head office in Nairobi jointly stole Kshs. 1,150,125,587,20 from Chase Bank limited the property of the said bank.

Senior Prosecutor James Warui opposes their release on bail claiming that the accused had failed to appear in court on Thursday last week for plea taking.

Through lawyer Cecile Miller for Gichu, Mwenja and Agumbi the court was informed that the three were not aware that they were required to appear in court on Thursday.

https://youtu.be/pYgZ2nmcXqM

Miller who also represents Khan told the court that his clients are not at flight risk and should therefore be granted bail.

Duncan Kabui Gichu , James Mwaura Mwenja and Makarios Omondi Agumbi are accused that  between 23 January 2015 and 31 March 2016 at Chase Bank (k) Limited Head office in Nairobi being managers directors/CEO,General Manager Corporate Credit and General Manager Finance respectively of Chase Bank Limited jointly wuth others stole Kshs. 1,150,125,587,20 from Chase Bank limited which came in their position by virtue of employment.

Former Chase Bank chairman Zafrulla Khan and senior directors, Duncan Kabui Gichu , James Mwaura Mwenja and Makarios Omondi Agumbi are also charged with money laundering charges.

They are accused between 23 January 2015 and 31 March 2016 at Chase Bank (k) Limited Head office in Nairobi knowing or while reasonably ought to have known that Kshs. 740,443,687,20 formed part of the proceeds of crime , removed the said sum of money from Chase Bank Limited internal account number 0004005459002 and facilitated the transfer of the same to account number 010002061188 and 010002061445 domiciled at Paramount Universal Bank.

Mr Zafrla is facing Sh 1.15 billion he allegedly obtained through conspiracy and fraud Chase Bank.

He also accused between the same dates between 2015-2016 at Chase Bank (k) Limited Head office in Nairobi , knowingly or reasonably ought to have known that Kshs. 740,442,687,20 formed part of the proceeds of crime, removed the said money from Chase Bank Limited internal account number 0004005459002 and facilitated the transfer of the same amount to account number 010002061188 and 0100020614445 domiciled at Paramount universal Bank.

The matter will be mentioned on 20 September for bail ruling.

COUPLE IN COURT OVER KH4.3 MILLION FRAUD.

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Gregory Ngichabe Kasembeli and Brigid Kerubo Gesami before Nairobi Court on Thursday September 13,2018/PHOTO BY S.A.N.

BY NT REPORTER.

A couple has been charged with obtaining 4.3 million.

It is alleged Gregory Ngichabe Kasembeli and Brigid Kerubo Gesami are accused on diverse dates between 15 November ,2017 and 6 April ,2018 at Karen in Nairobi jointly with others not before court with intent to defraud , they obtained 4.3 million from Fredrick Muriithi Thuita by falsely pretending that they had invoiced Tamarid Limited Nairobi, Karen County Country club , Manikos Limited, Hemingways Nairobi, Monikos Kitchen , Puddy Arms and Gems School after supplying seafood and were in a position to pay the said cash a fact they knew to be false.

They pleaded not guilty before Nairobi Chief Magistrate Francis andayi.

They were released on a bond of 400,000 and a cash bail of 300,000 pending hearing and determination of the criminal case.

The criminal case will be heard on 8 of October this year.

OWNERS OF BUSARA VIEW ACADEMY CHARGED WITH FRAUD.

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Proprietors of Busara Forest view Academy Joseph Wagura Karanja and Martha Wangui Karanja before Nairobi Court where they pleaded not guilty to four charges on Friday September 14,3018/PHOTO BY S.A.N.

BY NT CORRESPONDENT.

The proprietors of Busara Forest view Academy have been charged with intent to defraud the said academy land worth 20 million shillings.

Joseph Wagura Karanja and Martha Wangui Karanja are accused that on 3rd May 2001 at Nyandarua District Land Registry jointly with others not before court, with intent to defraud M/S Busara Forest view Academy Limited of its parcel of Land Ref; Nyandarua/OLJORO OROK SALIENT/1343 five acres valued at Kshs. 20,000,000 fraudulently obtained the registration of the said land in the name of Busara Computer Point Limited.

Prosecution accused the two jointly with others not before court with intent to defraud M/S Busara Forest View Academy Limited parcel of land in Nyandarua /Oljoro Orok Salient/1343 conspired to transfer ownership to Busara Computer Point Limited without any board resolution.

Joseph Wagura Karanja is also accused on 21st October 1994 at the Attorney General’s office Nairobi knowingly and fraudulently uttered a forged transfer of share certificate dated 21 October 1984 to Marry Njoki Githome a state counsel at office of the attorney General’s Nairobi purporting it to be a genuine share certificate signed by the deceased Johannes Karanja.
Similarly ,Karanja is facing a forgery charge alone.

According to the charge sheet, on unknown date and place ,jointly with others not before court and with intent to defraud M/S Busara Forest View Academy Limited of land parcel Ref: Nyandarua/Oljoro Orok Salient/1343 forged a certain document to a transfer of share certificate filed with the registrar of companies Nairobi purporting it to be genuine and valid share certificate signed by deceased Johannes Karanja to enable you become a director of Busara Forest View Academy Limited a fact you knew to be false.
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They pleaded not guilty to the four charges before Nairobi Chief Magistrate Francis Andayi.

They were released on a bond of 1.5 million and a cash bail of 1 million shillings each.

OMTATAH WANTS TO STOP POLICE REFORMS.

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Activist Okiya Omtatah addressing the media after filed a case challenging decision to merger of National Police Service and Administration Police Service announced by President Uhuru Kenyatta yesterday.

BY NT REPORTER.
Activist Okiya Omtatah in court seeking to stop the implementation of National Police Service and Administration Police Service merger announced by President Uhuru Kenyatta yesterday.

Omtatah claim the implementation of the reforms translates to irregular, unlawful and unconstitutional changes.

He wants the reforms and changes announced by President Uhuru Kenyatta on 13 September 2108 declared unconstitutional.

Okiya argue that neither President or CS Interior and co-ordination of national government have the power to interfere with structure of the two forces.

He wants the court to quash announcement by the President titled ” Policy framework and strategy for reorganization of the National Police Service and provision of decent and affordable housing for and integration with communities and neighborhood.

“The reforms or changes over the NPS that includes changes in structure and command and the integration of KPS and AP or changes that touch on uniforms the rebranding and information of housing for junior officers are constitutional” Omtatah says.

Its the petitioner’s argument that Article 143 of the constitution establishes the National Police Service comprising of Administration Police Service and NPS which had totally different role to play of matter of provision of security in the country.

The establishment of National Police Service was a major contentious issue during the constitutional review process which was resolved through broad consensus, it can not be done through pronouncement by the President.

“Changes in police force can only be done by the Inspector General of Police and not the President or CS Interior: Omtatah claims.

EMBATTLED SPEAKER STILL FIRMLY IN OFFICE AFTER COURT VERDICT.

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Embattled Nairobi speaker Beatrice Elachi lawyer Harisson Kinyanjui addressing journalists after court ruling that declined to uphold objections by Nairobi County assembly outside Milimani Commercial court on Friday September 14,2018/PHOTO BY S.A.N.
BY SAM ALFAN.

Nairobi County Assembly has suffered a major blow after a judge dismissed their objection seeking to strike out a suit filed by embattled Nairobi speaker Beatrice Elachi.

The court further declined to uphold the objections by County Assembly and ordered that the same be dismissed.

“The court therefore declines to uphold the objections and orders that the same dismissed” ruled Judge Radido.

Justice Stephen Radido instead extended interim orders issued on 6th of September issued by high court Principal Judge (PJ)/Justice Maureen Onyango.

“The ex parte interim orders issued on 6 September 2018 are extended until the appearance before Onyango PJ” ruled Judge Radido.

“The court further directs that the parties appear before Justice Maureen Onyango with a view of taking directions,”court directed.

Justice Stephen Radido in his 30 pages ruling said that there is real likelihood that the legal questions posed through objections may be directly implicates in the main petition.

“This court is of the view because there is a real likelihood that the legal questions posed through such objection may be directly implicated in the substantive proceedings and the danger of the court hearing the substantive dispute coming to a different conclusion Is real” said the judge.

It was argued that whether the national (privileges and immunities) read to include the County Assemblies Powers and privileges Act meets the test of Article 24 of the Constitution in so far court was urged not to intervene in Parliamentary process before conclusion of the process.

While dismissing the Assemblies objection the court noted that the objections by the county Assembly are attempt to suppress the hearing process adding that concerned parties in the matter must be given an opportunity to bring fourth all the attendant facts and law.

“It is the view of this court that challenging interlocutory proceedings where orders have been issued ex parties through notices of preliminary objection (s) should be the exception rather than the norm” observed Radido.
The court last week restrained Nairobi City County Assembly and Nairobi City County Public Service Board from interfering with speakers execution of her office duties as speaker.

The court further restrained Nairobi City County Assembly and Nairobi City County Public Service Board from interfering with speakers execution of her office duties as speaker.

Elachi moved to court through lawyer Harrison Kinyanjui seeking to stop members of Nairobi City County Assembly from removing her as Nairobi County Speaker.

The speaker also sought the court to bar the county assembly from appointing any new nominee for approval  by the assembly  for appointment to the office of the county speaker , Nairobi City County Assembly whether in a temporary ot in acting capacity.

She also petitioned the court to block any decision to impeach her.

FORMER CHASE BANK CHAIRMAN TO SPEND WEEKEND IN CUSTODY PENDING BAIL RULING.

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Embattled former Chairman of Chase Bank, Mohammed Zafrulla Khan before Nairobi Court on Thursday September 13,2018/PHOTO BY S.A.N.
BY SAM ALFAN.

Embattled former Chairman of Chase Bank, Mohammed Zafrulla Khan to spend the weekend in custody pending bail ruling.

This is after he was charged that Between 23 of January 2015 and 31 March 2016 at Chase Limited Head office in Nairobi with intent to defraud,  jointly conspired to steal from Chase Bank Limited Kshs.1,150,125,587,20 billion by irregularly disbursing the said amounts to porting Access Limited and Itecs Limited without following the payment process as stipulated under the finance policy of the Chase Bsnk (k) limited.

Mr Zafrla is facing Sh 1.15 billion he allegedly obtained through conspiracy and fraud Chase Bank.

He also accused between the same dates between 2015-2016 at Chase Bank (k) Limited Head office in Nairobi , knowingly or reasonably ought to have known that Kshs. 740,442,687,20 formed part of the proceeds of crime, removed the said money from Chase Bank Limited internal account number 0004005459002 and facilitated the transfer of the same amount to account number 010002061188 and 0100020614445 domiciled at Paramount universal Bank.

The ex-Chase Bank chiarman  has two other similar cases pending  before another court.

He also accused between the same dates between 2015-2016 at Chase Bank (k) Limited Head office in Nairobi , knowingly or reasonably ought to have known that Kshs. 740,442,687,20 formed part of the proceeds of crime, removed the said money from Chase Bank Limited internal account number 0004005459002 and facilitated the transfer of the same amount to account number 010002061188 and 0100020614445 domiciled at Paramount universal Bank.

His lawyer  asked the court to allow the bail terms issued in the other two similar case to apply in the  current matter and if not possible, the court  to grant a bail of not more than sh 2 million .

Miller further  asked the court to allow the accused person permission to travel to USA for an urgent heart surgery.

The prosecution in response said the current matter was entirely different from the other matters and therefore he should  not be granted bail terms that commensurate  to the offenses against him.

Prosecution also asked the court to restrain the accused from traveling out of the court’s jurisdiction unless with permission as Banking Fraud Investigation Unit is conduction further investigation and is likely to prefer more charges against  him

The prosecution also noted  said that his family resides in the USA and thus he might not come back if allowed travel.

The  court directed Zafrulla to be detained  at  Kileleshwa Police Station until  17 Monday 2018  when she will make a ruling over bond terms

The trial Magistrateissued warrants of arrest against Patrick Mweu Musimba, Angela Mwende Musimba , Lucien Sunter Vlasman and Ronald Petrus  after they failed to appear in court.

He appeared before Senior Resident Magistrate Hellen Onkwani, where  he denied the criminal charge. He face  trial along side  nine others  who failed to appear in court.

The  prosecution through Senior Deputy director of publoc prosecution Mungai Warui, objected the accused from being released on bond, saying he likely to abscond trial due to gravity of the cash and the amount involved.

The accused through his lawyer Cecil Miller pleaded to be released on cash bail given  that he his heart patient who has undergone  two heart surgery in the United States of America.

Other accused persons; Duncan Kabui Gichu , James Mwaura Mwenja and Makarios Omondi were issued with summons to appear in court on  Monday for plea taking after lawyer Cecil Miller told the court that the Banking Fraud Investigation Unit had not summoned them to appear before them for processing theri statements.