Blog Page 274

FORMER KPC BOARD MEMBER SAYS SH 2BILLION LOAN WAS NOT APPROVED.

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Former Kenya Pipeline Company director Shem Odongo Ochuodho and director of Triple A Capital Ltd, Theresia Wanjiku alias Terry Wijenje before Nairobi Anti-curruption  court during the hearing criminal case against them.

BY NT CORRESPONDENT.

Former Kenya Pipeline board Member has told the Nairobi Anti-corruption court that KPC board did not approve the borrowing of 2 billion from Triple A Capital Limited in a case which former pipeline director Shem Ochuodho is charged conspiracy to over 800 million.

Engineer Caleb Olall was testifying in a case where former Kenya Pipeline Company Managing Director and Homabay senatorial candidate Dr Shem Odongo Ochuodho is charged With conspiring to defraud the company over shs 800 million.

in his evidence in chief Olall said company board did not direct the management to put aside funds for payment of the same.

“I have been shown a certified copy of the said minutes but wish to state that they are not reflection of our discussions. It is in my view that the said minutes could have been doctored,”said the witness.

He also said that the KPC management did not follow the proper procedure in securing the said loan since they were communicating and seeking approval from the Ministries of Energy and finance before exhausting the board process and before getting the full board approval.

He said during the entire period when discussion on Triple ” A” Capital Limited funding were ongoing on, there was a lot of acrimony, bullying of Board Members by the Board Chairman and the managing Director. This would be sometimes extend to threats of sacking.

“He told the court that, if you disagreed with appointing authority you could be sacked anytime”. Said Olall.

He further said that, no further presentation from KPC management or discussion arranged for the board regarding the borrowing arrangement until when the Permanent Secretary Energy called special Board Meeting to discuss the same.

” The board was never given the terms of the proposed borrowing or any bids/evaluation report to adjudicate. This is despite several requests by the board members of KPC management “, he said.

However, he said the Board made a blanket approval for the funding on strength of the approvals already obtained from the minister for finance and minister for energy, the fact that the contract documents had already been okayed by the attorney general’s office and further that other documents like cash flow had been submitted to ministry of energy.

Mr Caleb told the court that, due to lack of proper of board at KPC for sometime, he personally addressed the note to the Inspector of State Corporations on the matter.

Prosecution alleged that on diverse dates between May 2003 and July 2004 in Nairobi Ochuodho jointly with other board member’s conspired to defraud Kenya Pipeline Company Limited (KPC) Kshs, 827, 564, 608,20 by entering into a refinancing arrangement which required KPC to pay Triple A Capital Limited Credit charges amounting to Kshs, 827, 564,608,20 on account of Triple Capital Limited paying KPC’s international Creditors amounts owed by KPC , whereas Triple A Capital Limited had no money to pay the said creditors.

Those charged alongside him are the chairman of the board directors of KPC and Directors of Triple A Capital Limited Maurice Dantas ,John Gichia Macharia and Janice Theresia Wanjiku Kiarie alias Terry Wijenje.

Dr Shem Odongo and Maurice Dantas are accused being employed by Public service as Managing Director and Chairman of the board directors of Kenya Pipeline Company respectively and whose functions concerned the administration of public property jointly and fraudulently instructed the standard chartered Bank of Kenya to pay Triple A Capital limited Kshs, 1,250,577, 549 from KPC ‘s account purporting it to be a refund on account of Triple A Capital limited having paid a similar sum to KPC’s International Creditor, Export Development Canada (EDC) yet no such payment had been made by Triple A Capital limited and on behalf of KPC to EDC.

Hearing to resume February next year

CHAD NATIONAL CHARGED WITH DEFRAUDING COMESA BOARD MEMBER SH 76. MILLION.

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A Chad national Abdoulaye Tamba Kouro before Nairobi Court where he was charged with obtaining Sh 76 million from former MP Danson Mungatana.
BY SAM ALFAN.

A Chad national has been charged with defrauding COMESA Board Danson Mungatana of Sh76 million on the pretext that he would invest the cash in the oil industry.

Abdoulaye Tamba Kouro is charged with obtaining Sh 76 million from Mungatana by falsely pretending that he was in a position to invest for him in oil industry, a fact he knew to be false.

Kuoro is said to have committed this offense on diverse dates between 20th April 2011 and 29th April 2013 at Hurlingham in Nairobi jointly with others not before court.

Kouro was also charged with obtaining Sh700, 000 from businessman Makau Muteke by falsely pretending he would invest for him in an undisclosed business.

Prosecution further accused him with being in possession of papers intended to resemble and pass as currency notes knowing them to be forged.

He pleaded not guilty before Nairobi Chief Magistrate Court Francis Andayi.

He was released on Sh5 million bond and alternative cash bail of Sh 3 million.

The case will be heard on November 29 this year.

Yesterday lawyer Mungatana declare a legal battle with publication owned by local media company saying he will file a defamation suit following the recent publication which claimed he was conned by some West Africans – who had promised to multiply his loot to a billion.

Speaking to press in one of the hotel,Mungatana says he was defrauded by Abdalla Tamba and two accused who are in custody in a fuel Business and not as it was published by the weekly paper.

BRITAM STAFF FACE 23.5 MILLION THEFT CHARGES.

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Britam Insurance Company employees Elsie Wanjiku Njanji and Isabella Wanjiku Gitonga before Nairobi Magistrate Court on Monday October 15,2018.

BY SAM ALFAN.

Two top employees of Britam Insurance Company have been charged with conspiracy to defraud the company 23.5 million shillings.

Elsie Wanjiku Njanji and Isabella Wanjiku Gitonga are accused on diverse dates between 9th of September 2016 and 23rd January this year with others not before court conspired to defraud Britam Genral Insurance Company Limited 23,571,954,11 million by means of electronic data manipulation in the system.

It is alleged that they made a false entries to an account namely Britam General Insurance Company Limited disbursement account belonging to Britam purporting to show it as new disbursement claims payable to Britam accounts.

The accused are also accused on the same date at Britam Insurance offices along Mara Road upperhill in Nairobi, being a employees to Britam Insurance Company defrauded 23,571,954,11 million by making false bank account eateries.

Isabela is accused on accused on diverse dates between 9th of September 2016 and 23rd January this year at Cooperative Bank Nakuru Branch stole 23,571,954,11 million the property of Britam General Insurance Company Limited.

She is also accused of handling stolen property and fraudulent false accounting.

They pleaded not guilty to all seven counts before Nairobi Chief Magistrate Francis Andayi.

They were released on a cash bail of 1 million shillings and bond of 2 million shillings each pending hearing and determination of the criminal case.

DPP WANTS CITIZEN TV NEWS ANCHOR AND BOYFRIEND DENIED BAIL.

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Monica Kimani murder suspects Joseph Kuria Irungu alias Jowie and Citizen TV news anchor Jacqueline Wanjiku Maribe before Court on Monday October15,2018.

“Bail is self-activating unless there are compelling reasons which in this case none has been demonstrated to this court”. Said Lawyer Ombeta.

BY SAM ALFAN.

Director of Public Prosecution has asked the release of Monica Kimani murder suspects Joseph Kuria Irungu alias Jowie and Citizen TV news anchor Jacqueline Wanjiku Maribe.

Through Police Inspector Maxwell Otieno said Maribe being a media personality and associated with person’s of influence if released on bail and bond is highly to possibility that she will threaten or intimidate key prosecution witnesses.

“If the accused persons are released on bail, there is likelihood that they may threaten or intimidate the key prosecution witnesses before we secure all the evidence and if released the damage will be so severe that it will then be too late to salvage the situation” said prosecution.

They argue that. Jowie has no fixed abode and he is a frequent flyer and was residing at the Maribe’s house which has been identified as the secondary scene of crime.

He further argued that investigations are still ongoing to establish if Jowie has any permanent residence in any country and if released there is high possibility that he will abscond.

Homicide detectives claimed that, Jowie has been identified as the person who was last seen while in the company of Monica Nyawira Kimani at her residence having used someone’s identification card which had been declared lost.

They further claim post mortem conducted on the 24 of September on the body of the late Monica Kimani , established the cause of death was due to exsanguination due to severe neck injuries and to sharp force trauma.

Homicide Maxwell Otieno in his affidavit told the court that, the investigation are ongoing to establish if any money was taken from the deceased’s house noting that she was to travel out of the country, the money movement, person’s involved, how and who is currently in possession of the money.

Detectives also claim the investigation to establish the motive of the murder and same will will be beyond the Kenyan territory.

However defense team objected the application on grounds that bail is a constitutional rights which is entitled to the accused persons.

Through lawyer cliff Ombeta heard that prosecution had failed to show compelling reasons to warrant denial of bail.

“Bail is self-activating unless there are compelling reasons which in this case none has been demonstrated to this court”. Said Lawyer Ombeta.

Ombeta further argued that the prosecution should not use the evidence of the actual case to deny their client’s bail.

” Let the prosecution use evidence that will show how my client will interfere with investigations or intimidate witnesses. In this case the accused persons having brought to court and charged shows investigations are complete and therefore nothing to be interfered with”. Ombeta said.

Lawyer dismissed prosecution application saying that they were just assumptions and mere speculations that once one charged with murder, the accused will automatically will abscond.

CHOGORIA JUNIOR SCHOOL DIRECTOR FAILS IN BID FOR CRB REMOVAL, COURT RULES BANKS ARE WITHIN THE LAW TO PLACE DEFAULTERS ON CRB.

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Cooperative Bank of Kenya.
BY SAM ALFAN.

The proprietor of Chogoria Junior School has lost bid to compel  Cooperative Bank to remove his name from Credit Reference Bureau over 215.8 million loan owed to the bank.

“I do not find in the given circumstance, that the defendants were malicious , but find that they were more negligent. In the given circumstances, i find no basis for awarding the orders sought”. Ruled Judge Nzioka.

High Court also declined to compel the Bank to release the title number Mwimbi/chongoria/2092 to Obadhia Gitonga Micheu which he advanced as a loan to Chogoria Junior School based in Tharaka Nithi County.

The court held that, Obadhia should not pay  interest of the loan of 800 million due to he bank negligence for not notifying him of the outstanding balance.

If the judgment was in favor of Obadhia, cooperative Bank could  close to 1.2 billion shillings damages which could have wiped out the bank half a year profits.

The 36 page judgement said the referral of any information to the CRB is a requirement of the law and the Bank as a financial institution are entitled to do the same.

Mr Obadhia moved to court on 24 of June 2014 seeking judgement against cooperative bank.

He sought a mandatory injunction to compel the bank ,it agents, servants or employees to release the title documents in respect to title Number Mwimbi/Chogoria/2092, Injunction to compel the Bank to remove the adverse listing with the Credit Reference Bureau (CRB),Kshs.215,880,000,00,general, exemplary and punitive damages, interest on and above at a court rates among others.

He testified that, on 1 February 2011, he established Chogoria Heritage Hotel for outside catering which he required 50 million for a upgrading. In the year 2012 July he applied for loan of the same amount from Kenya Commercial Bank, Chogoria Branch , but the loan application was rejected by KCB on account of being listed with Credit Reference Bureau Africa Limited based on information from Cooperative Bank.

He further argued the listing was illegal and malicious as the bank did not give any reason for listing him with the Credit Bureau nor any adverse notice served on him before the listing and neither was he indebted to the bank.

“As the forsaid listing and being a village elder, a member of the Board of Chogoria Boys High School, chairman of Chogoria Water Project and member of Chogoria Forest Association, i suffered loss of dignity and intergrity among the members of the public and i cannot access any loan from banking institution for a period of 7 years”. Said Obadhia.

He said he was forced to resigned from the directorship of Chogoria College and lost income from the college.

He further claimed that Cooperative Bank actions violated his constitution right to eaen a decent living.

The Bank through lawyer Wambua Kilonzo told the court Obadhia advanced various loan facilities to the school which he guaranteed. The loans were for a sum of Kshs 340,000 taken on 14th November 2005, Kshs 600,000 advanced on 10th June and Kshs 265,000 granted on 2th August 2006 and were secured by the two properties stated.

The bank said the term of the loan facility that the interest shall be calculated daily and debited monthly. It was agreed that if the loan account falls into arrears, a penalty of 0.5% per month shall be charged calculated on the daily amount in arrears and payable monthly until the account is fully regularized.

” The borrower defaulted on the repayments on several occasions and on or about 12th May 2008, the defendant served the plaintiff and the the other the other guarantor Jediel Micheu , with statutory notices of sale of the same date , with respect to charged properties, in accordance with section 74 of the Registered Land Act. The Defendant overred on 12th May 2008, that the outstanding balance on the loan stoodat Kshs. 1,014,627,00 which amounted continued to accrue interests and penalties “. Lawyer Kilonzo submitted.

The Bank further told the court that, although the sum of Kshs.952,262,85 was sufficient to settle the debt secured by the property Tittle Number Mwimbi/Chogoria/2091 and balance was utilized towards liquidating the debt secured by the said property but that at the date of payment of the said amount on 20 November 2008,  the debt had accrued additional interest and the funds were not adequate to off-set the entire outstanding loan.

COUNTY SEEKS TO DEMOLISH CITY BUILDING NEXT US EMBASSY.

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Nairobi County Governent lawyer Harrison Kinyanjui making submissions before Justice Eboso on Thursday October 11,2018/PHOTO BY S.A.N.

BY NT CORRESPONDENT.

Nairobi County has asked the court to set aside an order barring the demolition of a building developed next to the US Embassy.

The county argued that the building was constructed without proper procedure as provided by the County laws.

Through lawyer Harrison Kinyanjui,the County told Justice Benard Eboso the property on LR Nairobi/293 was constructed by the proprietors without invoking the dispute resolution mechanism prescribed by Parliament under section 15 and 38 of the Physical Planning Act.

It is his argument that the court issued on 6 March 2018 in favor of WhiteHouse Investment limited based on total misrepresentation which ought to be discharged.

Mr Kinyanjui said the applicant’s claim is based on an illegality which the court cannot aid or protect an illegality.

” There is nothing to demonstrate that the County’s action to issue the Enforcement notice to directors of the company amounts to an an illegality it exceeded its authority” the lawyer said.

Similarly it is alleged that there was no compliance with the Physical Planning Act in respect of the impugned developments by the applicant necessitating the court’s invocation of the law to stop an illegality.

The lawyer told the court that there was no public participation and consultation with proprietors of the contiguous properties was sought in violation of both the Physical Planning Act and the National Environmental Management Authority Act, thus rendering any subsequent development unlawful.

According to the lawyer there was no approvals from the County Government to develop the suit property, saying if it was is irregular and have since been revoked.

The purported development approvals dated 26 July 2016 is null and void without taking the objections raised by the affected parties.

However the applicant through lawyer Githinji Marete, said that the suit property was approved by the County after paying inspection fees of Sh 2.9 million.

All procedures were followed before construction work commenced, the County government cannot now deny its documents over the contested approvals.

The court will deliver its judgement on 11 November 2018.

NAIROBI COUNTY WANTS ORDERS RESTORING FORMER SPEAKER ELACHI REVERSED.

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Nairobi County Assembly lawyer Steve Mogaka making submission before Justice Maureen Onyango on Monday October 8,2018/PHOTO BY S.A.N.

BY NT CORRESPONDENT.

Nairobi County  Assembly has asked the court to  review the conservatory order issued in favor of embattled speaker Beatrice Elachi,arguing that  the court has no jurisdiction to entertain the application that issued  orders reinstating her.

The Assembly through lawyer Steve Mogaka, told Justice Maureen Onyango, that Elachi was elected by  MCA’s who later  voted her out of office.

“Employment and Labour Relation court has nothing do with matters arsing from the Assembly the  application by Elachi is bad in law and ought to be dismissed forthwith”, the lawyer said.

He added that the  order obtained by  Elachi has never been served upon the  Assembly and even if it was, it can not to be enforced.

Further the assembly argues  that Elachi did  not follow proper procedure in filing the case against her impeachment and therefore teh orders issued ought to be vacated.

Court barred the assembly from debating Elachi removal from the office as Nairobi City County 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.

Elachi is accused of contravening the County Assembly Powers and Privileges Act,2017 when she unilaterally allowed police officers not attached to the Assembly to arrest several staff without consulting the board.

WITNESS AT PAINS TO EXPLAIN REPORT IMPLICATING SUSPENDED KPLC BOSSES.  

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KPLC General manager interna auditor Charles Cheruyoit being cross examine by lawyer Dunstan Omari on Tuesday October 2,2018/PHOTO BY S.A.N.

BY CORRESPONDENT.

A witness testifying in a graft case facing former KPL CEO Ken Tarus and 10 other company managers, got scathing attack from defence lawyers over audit report he prepared that implicated his seniors over tender scandal.

The prosecution witness Charles Cheruyoit had difficulties to explain how he made recommendation for the prosecution of his superiors when he never attended meetings where alleged scandal emanated from.

While being crossed examined by lawyer Dunstan Omari, the witness said he did not draft the minutes that gave rise to the incriminating report.

He said that the report was meant for internal purpose but was snatched by DCI who later made recommendations to the director of public prosecution who ordered the prosecution of the accused persons.

Mr Cheruyoit said that he only made recommendation for action to be taken against a tender committee member Mr David Makenzi who skipped the opening of the tender, but was not charged with other 11 accused persons before court.

He said the DCI invaded his office and took away the report, when it had not been taken to board for discussion.

The chief executive of KPL MR Tarus and 10 other senior managers at the company are charged with conspiracy to commit an economic crime and abuse of office.

The CEO his predecessor, Ben Chumo, and other executives have since pleaded not guilty to the charges.

DCI arrested the accused following an order from DPP The order was based on two issues under investigation over procurement of transformer, labour and transport contracts.

TYCOON CHATUR DEFENDS HIS VAST EMPIRE.

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Business tycoon Madatali Chatur lawyer Evans Ondieki speaking to journalists during a press conference./PHOTO BY S.A.N.

 

Business tycoon Madatali Chatur has come out to defend his vast multi-billion investment empire from malicious and propaganda orchestrated by his nemesis.

The tycoon through his lawyer Evans Ondieki, told news conference, that there has been campaign meant to tarnish his reputation which will not deter him from expanding his investment across the country.

Mr. Ondieki said his client has over 32 companies stationed in various counties, that are managed by his family and has offered employment opportunities to all tribes and even foreigners without discrimination.

In the recent past, some people have been peddling lies through the social media with allegations that he has offered to sell his properties without disclosure the intention.

The lawyer said there is no prejudice to be suffered by people who not even shareholders of the companies owned by my client if he chose to sale his property which he has invested through either loan advancement from banks or money acquired from his real estate.

The malicious and scandals stories will down the huge investment so far made and will affect those who have benefited through employment.

Mr. Ondieki said his client owes the loyalties to the government which he pays taxes through Kenya Revenue Authority.

He said his client has never engaged in illegal business and has always complied with the statutory requirement of the law.

” Chatur respect the freedom of speech as set out in the constitution but the same should not be abused to the detriment of other people,” the lawyer said.

The propaganda if not controlled will create animosity amongst his clients, suppliers, and tenants because of same individuals who are telling lies to the public.

Mr. Ondieki said that his client has established an enterprise in which so many people have benefited, saying that Chartur group of companies has been in existence for many years the gruesome attack is bad since the family is only engaged in lawful business.

” There is nothing wrong to dispose off a property and invest in other opportunities that will bring more income,” he said.

The lawyer clarified that his client only gave a property in Limuru to night frank to manage being part of expansion and also bringing in good financial management.

Mr. Ondieki said that last month the directors in one his company registered as Gemini Property moved to court after they were note-filed by  Director Planning Compliance and Enforcement Nairobi County to provide approved plans of structures on LR No 209/9295 located in Muthaiga area.

The company in the application seek confirmation from the director Planning and the County Government of its compliance to the notice dated 9 August 2018.

All  this is done to ensure compliance of the law requirement which demonstrate commitment to rule of law.

 

CIGARETTE MAKER COULD EXIT KENYA OVER TAX DEMANDS BY KRA.

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Mastermind Tobacco Kenya Limited

BY BUSINESS DESK.

Cigarette maker, Mastermind Tobacco want the taxman restrained from demanding unsubstantiated arrears that have amount to Sh1.9 billion.

The cigar company says it has not made such sales for the last three weeks to attract the tax demand from KRA.

Mastermind Tobacco has sued the Commissioner of Domestic Taxes over almost Sh1. 9 billion said to be unpaid arrears of excise duty, VAT and PAYE.

The company argues that on the August 31, 2018, the commissioner of taxes sent a demand notice for the period between April-July 2018 stating that the company owned KRA the said amount.

Three weeks later the company alleged that the tax man without explanation on how the amount was arrived at demanded Sh1.9 billion.

Mastermind Tobacco says KRA has proclaimed all the assets and if executed it will permanently destroy their business.

KRA’s demand is unjustified, unlawful and unreasonable for demanding taxes that are not due.

“The applicants business will be irretrievable ruined as the auctioneer appointed by KRA has proclaimed all its assets,” reads court documents.

The manufacturer of cigarettes says the decision to demand the said amount constitutes substantive unfairness amounting to an abuse of excess of the powers.

Robert Mugambi Mutuma, the company secretary also accuses the tax man of failure to afford them an opportunity to respond to the said notice adding that efforts to resolve the matter reasonably have not been successful as KRA is unable to justify the said money that is demanded.

“The respondent is acting outside the law in purporting to inflate the amount of excise duty and VAT payable,” Mastermind tobacco says.

The company further claims that the decision to demand tax arrears amounting to over 1.9 billion shillings lacks any foundation in law and is therefore unconstitutional.

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