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BUSINESSMAN BRIAN YONGO DENIES FORGING LOGBOOK.

By Nairobi Times -
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Businessman Brian Yongo before Nairobi Magistrate Court Francis Andanyi whenmre he pleaded not guilty to four counts on Monday October 29,2018/PHOTO BY
BY NT CORRESPONDENT.

Businessman Brian Yongo has been charged with forging a logbook to obtain Sh4 million from a micro-finance institution.

Mr Yongo is accused of submitting a forged logbook for a Range Rover as security for the loan he took from Mwananchi Credit Limited.

Appearing before Chief Magistrate Francis Andayi, Yongo and Wayaga Construction Company Limited were charged with forging a motor vehicle log book serial number L313075G for motor vehicle registration number KCH 856 A make Range Rover sport black in colour purporting it to be a genuine log book issued by the registrar of motor vehicles.

He is accused that on November 24, 2016 at Eco Bank Towers in Nairobi, he fraudulently uttered a forged log book to Anne Mukami Muturi purporting it to be genuine.

The court heard that on November 24, 2016 at Family Bank, Kenyatta avenue in Nairobi within Nairobi County, jointly with others not before the court, with intent to defraud from Mwananchi credit Limited Sh 4 million be pretending that that the security of log book was genuine.

Yongo is also charged with being in possession of suspected stolen properties contrary to the law.

Prosecution said that on October 27, 2018 at Eco Bank towers, in Nairobi within Nairobi County having been detained by a police officer, he had in his possession a Range Rover sport black in colour reasonably suspected to be stolen.

It is said that the businessman defaulted in paying and when the lender impounded the vehicle and tried to sell it, it discovered that the logbook was not in the system of the National Transport and Safety Authority and the Kenya Revenue Authority.

He was released on Sh 500,000 bond or a cash bail of Sh 300,000.

DRIVER TAKES NOMINATED LEGISLATOR SANKOK TO COURT OVER NEPOTISM LINKED SACKING.

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Nominated Member of Parliament David Ole Sankok who has been sued over sacking.

BY NT CORRESPONDENT.

Nominated Member of Parliament David Ole Sankok has been sued by his driver for unlawful dismissal.

Through lawyer Suiyanka Lempaa, the driver Raphael Kapaya Torome claim the nominated legislator summoned him at around 5:00 a.m through the phone and instructed to resign as a driver attached to him.

Torome accuses the MP for nepotism claiming that the lawmaker has employed members of his family including his wife as a personal assistant.

“I believe the respondent (nominated MP David Ole Sankok) has terminated me so that he can exacerbate nepotism in his office as he has employed his wife as wife as a personal assistant, his fiance or girlfriend as his personal aide and his brother in-law as his Secretary” Torome court documents state.

Mr Torome says he has neither received a letter of termination nor reasons for the withdrawal of his services and consequential benefits.

The driver claims that on 20th of September this year the nominated MP wrote to Cooperative Bank Narok Branch instructing the bank that he had terminated Torome’s services a letter that he has declined, refused and denied to serve upon him.

“I have suffered psychological pain, trauma and financial distress as i have a family to provide for”. Torome claim.

He avers that he was not served with a three months written notice upon his illegal dismissal as per the court documents.

Torome claim he was denied and continued to be denied an opportunity to defend himself , a state of affairs that not only smacks of ill-will , mischief needless to state that it contravened the rules of justice, fair hearing and fair administrative.

According to court documents, attempt by the driver to settle the matter with Sankok have been to no vail.

He is urgue the court to grant him order’s sought and that the MP will not suffer any prejudice if he pay’s his salary.

FORMER KPLC CEO DR CHUMO ORDERED TO APPEAR BEFORE DCI TODAY.

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Former Kenya Power managing director Ben Chumo before court.

BY NT CORRESPONDENT.

Former Kenya Power managing director Ben Chumo has been ordered to  appear before the Directorate of Criminal Investigations (DCI) at 2pm for  recording statement over missing documents in a graft case he and 14 others are charged.

This is in relation to the disappearance of documents in his graft cases on purchase of the fault transformers.

Dr. Chumo is to be accompanied by his lawyer Moses Kurgat.

The magistrate made the directive after Dr Chumo through his lawyer Katwa Kigen protested over arrests of former KP managers over the missing documents.

This is after the investigating officer through the prosecution urged principal magistrate Felix Kombo that he appears to record a further statement.

Chumo’s advocate together with other defense counsels expressed their fear in court that given that today is Friday Chumo and others might be rearrested to spend weekend in custody over the weekend a concern that forced the magistrate to put down a specific order of appearance timings. Defense also complained to the court that the accused persons are being frustrated an issue that magistrate noted.

The case will be mentioned on 14 November 2018 for the prosecution to table a report on the ongoing probe over disappearance of crucial documents in the case.

The DPP informed the court some documents have so far been recovered.

Three people, among them former company secretary Beatrice Meso were arrested on Monday and presented in court over the missing documents. Ms Meso and former head of supply chain John Ombui as well as Ruth Oyile, were taken to court yesterday but did not plead to charges of conspiracy to defeat justice. The court also rejected plans to detain them for seven days to enable the police complete investigations.

Senior principal magistrate Kennedy Cheruiyot directed the three to deposit cash bail of Sh300,00 each to secure their release, and accompany the investigating officer to their former offices at Stima Plaza, for retrieval of some documents needed by the prosecution.

Yesterday, the court heard that the police have managed to retrieve the missing documents and they will file a report in court on November 14, during the mention of the case.

The trial of former managing director Ben Chumo, his successor Ken Tarus and 13 others was set for hearing for the whole week but stalled after crucial documents went missing.

In one of the reports, the power utility company acknowledges that some of the transformers failed after installation and the suppliers acknowledged some of the faults identified during the inspection and acceptance testing.

Mr Kombo allowed for adjournment saying justice would be better served if the state was granted the opportunity to make the best case it can and the accused persons given the opportunity to respond to the best case.

A total of 34 witnesses are set to testify in the matter. Other accused persons are Mr Peter Mungai, Mr Joshua Mutua, Mr Abubakar Swaleh, Mr Samuel Ndirangu, Mr Stanley Mutwiri, Mr Benson Muriithi, Mr Peter Mwicigi and Mr Ombui.

The charges state that they led to losses amounting to Sh408 million, at KPLC by procuring substandard transformers.

It is alleged that they conspired to commit an economic crime on diverse dates between August 3, 2013 and June 12, 2018 when they procured transformers worth approximately Sh408,533,221 from a company known as M/s Muwa Trading. They further denied abuse of office and failure to comply with procurement laws.

Muwa directors James Njenga, his wife Grace Wanjira and son John Anthony Mungai are accused of fraudulently acquiring Sh202 million by supplying substandard transformers

MAGISTRATE AFFIRMS HIS COMPETENCE TO DETERMINE NYS CASE, DISMISSES RECUSAL APPLICATION.

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Anti-Corruption Chief Magistrate Douglas Ogoti delivering a ruling which he declined to recuse himself from hearing shilling 468 million NYS scam/PHOTO BY S.A.N.
BY SAM ALFAN.

Anti-Corruption Chief Magistrate Douglas Ogoti has declined to recuse himself from hearing shilling 468 million NYS scam.

In his ruling on Friday morning, the magistraye said that  alleged allegations of bias raised by the accused persons were not demonstrated and the application lacked merits.

“That particular finding is applied mutatis mutandis in this application. I do find that the application dates October 17 as no merit and his hereby dismissed” ruled Ogoti.

The Magistrate said the application by the petitioners who include the Ngiritas family and others  appear to be a critique of the decisions of the court  which have gone against him and the proper forum for such contention would be the appellate arena .

“The decisions by the court do not amount to evidence on bias of the court”. Added magistrate.

The ruling further said the unsubstantiated suspicion of bias or prejudice by the petitioners does not suffice as a reasonable grounds for recusal.

That particular finding is applied mutatis mutandis in this application. I do find that the application dates October 17 as no merit and his hereby dismissed.

Mr Ogoti said filing an application for recusal 5 months after a ruling 7 days before the case starts is evidence of a very well orchestrated scheme by applicant to throw spanners into the case and forestall it hearing starting three days from today.

“The apprehension by the applicants  that he will not get justice in this court is natural apprehension as to the decision of the court would be biased. The aspect of judging encompasses the unpredictability of the decision” ruled Ogoti.

“There is no evidence of personal bias that has been demonstrated against the applicant. Further no demonstration has been put forth to show that the pronouncements of the court  were based on extra-judicial influences”

He said the ruling made by the court both on 5th and 12th of June were ruling made in pursuant to applicable laws.

The courts are allowed to take judicial notice on a notorious factors of evidence Act Cap 80 laws of Kenya.

Magistrate Douglas Ogoti to recuse himself from hearing and determining 468 million NYS scam.

The accused through their lawyer  Julius Migos Ogamba claim that the magistrate will not allow fairness and impartiality to prevail during the hearing and therefore they will not get justice.

The accused are Richard Ndubai, Lucy Ngirita, Ann Ngirita, Phyllis Ngirita,Jeremiah Ngirita, Sammy Mwangi,Evans Kundu , Welenalo Mulupi, Sophy Kanyua, Ferdinand Ondonyo and Don’t Kariungi accuses the magistrate of being bias against them.

Ndubai say’s that, the court had already prejudiced the accused persons to be guilty of the offences they were charged with and that such offences lead to death, anarchy and threat to National security despite the prosecution not leading any evidence in support of that determination.

“The above finding has no basis and fact but only goes to show the court is biased and justice will not be met if this court will proceed with the hearing of this matter” Say’s Ndubai.

According to him social media has already tried and found them guilty of charge’s and such a reasonable perception arises that justice will not met due to predetermined of the court.

The accused  Ogoti of compelling them to proceed with the pre-trial process regardless of the fact’s he was made aware that the documents to be relied on by the prosecution were not supplied to the defence contrary to the law.

“The court seems to want to trample on the rights of the accused persons since it already has a predetermined outcome that seeks to achieve and defeat the ends of justice”. say’s Ndubai.

He say after the issue’s raised raised by defense lawyers the magistrate said he will deliver the ruling which was delivered on 12 of June where he addressed the concerns raised.

FOUR KENYANS DENY HEROIC CHARGES.

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JKIA airport court Senior Resident Magistrate Lucas Onyina where the accused pleaded not guilty.
BY SAM ALFAN.

TWO men and two women have been charged at the Jomo Kenyatta International Airport in Nairobi with trafficking Heroine worth Sh4.2million.

Bernard Otieno Oduor, Judith Atieno Odote, Boaz Ouma Oloo and Mary Muita Nyaguthie faced two counts of trafficking in narcotic drugs contrary to Section 4 (a) of the Narcotic Drugs and Psychotropic Substances Control Act.

The accused persons, who were represented by lawyers John Ogada and Alex Wageni, denied the charges before Senior Resident Magistrate Lucas Onyina They were granted Sh1million bond with one similar surety each. Their case will be heard between November 13 and 15.

In the first count, they are alleged to have unlawfully conveyed 59 pellets of the drug weighing 797 grams with a market value of Sh2,393,100 concealed in a clear polythene bag at the airport’s Terminal One Arrivals Section on September 11.

The prosecution claimed they were found with another 49 pellets weighing 576 grammes worth Sh1,729,830.

When the case came up for mention today, Ogada made an application seeking the release of a motor vehicle belonging to Atieno which was confiscated when the accused persons were arrested.

The magistrate directed the investigating officer to appear in court on Tuesday next week (October 31) to explain the circumstances under which the vehicle was under police custody.

SUSPENDED DOCTOR SUES NAIROBI HOSPITAL.

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Lawyer Professor Kiama Wangai for Professor Stanely Ominde Khainga speaking to NairobiTimez at Milimani Law Courts on Thursday October 25,2018/PHOTO BY S.A.N.

BY SAM ALFAN.

Nairobi Hospital is facing a tough legal battle by a Senior doctor who was allegedly suspended by the institution’s management for unexplained reason.

Professor Stanely Ominde Khainga wants Employment and Labour Relations Court to lift two suspension letters issued by the Hospital management one dated 8 October 2018.

The aggrieved doctor through his lawyer Professor Kiama Wangai, told Justice Bryan Oganyo, that the action by the hospital management is unlawful and actuated by malice.

He argues that the suspension is against the rules of natural justice meant to deny the petitioner’s right to earn a living.

“The reason for suspension of admitting rights have no connection to employment contract with petitioner and hospital management” the lawyer says.

Professor furthur avers that no investigation has been conducted in relation to the death June Malupi who passed on while undergoing operation.

Similarly he claims that the management has acted contrary to its information contained in booklet by the standard audit and ethics committee which guideline on how such suspension can be issued against a doctor.

The presiding judge directed the petitioner’s lawyer to serve the hospital with suit papers and the matter be heard by all parties on 31 October 2018.

FORMER MALINDI MP FAILS TO BLOCK ACADEMIC PAPERS AND CDF PROJECTS PROBE.

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Former Malindi Member of Parliament Willy  Mutengo.

BY SAM ALFAN.

Former Malindi Member of Parliament William Baraka Mutengo alias Willy Mutengo has lost bid to block Ethics and Anti-Corruption Commission from investigating his academic papers and CDF projects.

Lady Justice Hedwig Ong’undi ruled that, the former legislator failed to demonstrate that EACC, DPP and IG acted outside their statutory mandate and they abused the process.

In her 55 page judgment, dismissed the petition due to lack of merit with cost.

“This court cannot therefore, bar the DPP,EACC and IG from carrying out their mandate just because William Mtengo feels it is politically motivated”. Ruled Ong’undi.

The judge said EACC is responsible for enforcing chapter six of the constitution, overseeing and enforcing the implementation of leadership and integrity Act.

On 25th January , 2017, EACC investigator Oscar Onyangi Otieno was issued with search warrants authorising him to search the office , business and residential premises of William Mtengo and seize possession of all documents relating to forgery of academic certificate and any other documents or information that would facilitate conclusion of the investigations.

Police searched Mr Mtengo home in Nyali , his farm at Lulu, Majimboni, the Malindi Constituency Development Fund (CDF) office and his farm at rural residence at Msabaha.

Mtengo had filed a petition seeking to quash the search warrants claiming it breached his constitutional rights and freedom.

He urged the court to issue order prohibiting EACC from further investigating, inspecting, lifting copies of his academic certificates, bank statements, deposit slips , CDF projects or any other information held by him on account of being Malindi Member of Parliament.

He also wanted the commission to be compelled to return all the property and documents that the investigator and EACC confiscated on 31 day of January last year at his residences, his relative and office in Malindi.

Mtengo further wanted an injunction restraining EACC and police from intimidating , harassing, accessing his residence, interfering with his privacy, summoning or arresting him.

GOVERNOR OJAAMONG OPPOSES NEW ELECTRONIC EVIDENCE.

By Nairobi Times -
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Busia Governor Sospeter Ojaamong and his co-accuseds before Nairobi Anti-Corruption Court.
BY NT CORRESPONDENT.

Defence lawyers in shillings eight million graft case against Busia Governor have strongly opposed to the prosecution intent to introduce electronic evidence (CD).

Lawyers James Orengo, Steve Ligunya and Dunstan Omari told the trial Magistrate Douglas Ogoti that digital CD evidence prosecution wanted to beproduced by documents examiner was not part of documents supplied to them.

They argued that the law requires that the accused persons should be supplied all information and witness statement prosecution intends to rely on before trial commence.

The lawyer’s said that prosecution was germinating the evidence when the trial is still ongoing thus making it difficult for them to prepare adequately for their clients.

The move by the prosecution caused the trial to be adjourned until February next year.

On Monday witness denied having recorded statement with Ethics and Anti corruption commission.

Former acting sport and culture CEC Grace Matinde Mchuma, told trial magistrate Douglas Ogoti, that officer from EACC only questioned her about the procurement of the solid  Waste management and asked her to sign what he had recorded.

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

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

“Actually I was asked questions and the person who was asking the questions is the one who recorded statement then signed” said the Grace.

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

COURT SET’S TEN TURF BAIL TERMS CONDITIONS FOR GOVERNOR OBADO.

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Migori Governor Okoth Obado with his lawyer Cliff Ombeta.
BY SAM ALFAN.

High Court Criminal Division Presiding Judge lady Jessie Lessit has issued nine tuff conditions to Governor Okoth Obado.

They are as follows:

1. Governor Okoth Obado may be released upon deposit into court of cash bail in the sum of Kshs. 5 million.

2. In addition the Governor will provide two sureties of Kshs. 5 million each.

3. The Governor must deposit all his travel documents including his Kenyan, East African and Diplomatic passports which holds.

4. He shall not go anywhere within 20 kilometers of HomaBay County boundary on all sides of that county.

5. He shall not contact or intimidate , whether directly or by proxy any of the witnesses in this case as per the witness statements and other documents supplied supplied by the state to the defence.

6. He shall not intimidate the parents, siblings or other close relations of the deceased.

7. He shall restrain from mentioning or discussing the deceased and or this case in gathering or political meetings.

8. The court will be at liberty to cancel this bail and bond and remand the Governor if any any of the following conditions which I hereby set as part of the terms upon which he is released, are breached.

9. He shall not cause an adjournment in this case.

10. He shall report once a month to the Deputy Registrar of this court.

The Governor Lawyer Cliff Ombeta told NairobiTimez they will appeal those conditions since the Governor home is near Homabay.

FORMER PS LILIAN OMOLLO FAILS TO UNBLOCK ACCOUNTS.

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Former Public Service PS Lillian Omollo going through the charge sheet during plea taking.

BY SAM ALFAN.

Former Public Service PS Lillian Omollo has lost bid to set aside orders freezing her accounts for 90 days to allow Assets Recovery Agency to complete investigations.

Anti-Corruption Presiding Judge Hedwig Ongund’i declined to set orders issued on 7th of September this year allowing the Assets Recovery Agency 90 days to conduct investigations.

“Giving the ARA up to 29th October 2018 5:00 to complete and close its investigations in respect of all accounts stated in ACEC Miscellaneous application No’s 34/2018 and 36 2018.Orders accordingly”. Ruled Ong’undi.

The judge found that ARA had sufficient time to carry out its investigations.

The accounts in question are for Lilian Wanna Muthoni Mbogo, Sahara Consultants, Sheela W Mbogo, Stephanie Marigu Mbogo and Shalom Malaika Kamweti.

ARA filed application in court seeking to investigate , preserve and freeze several accounts of Lilian Omollo and her company Sahara Consultants at Diamond Trust Bank and Equity Bank for a period of 90 days.

The agency through senior assistant attorney general Adow Mohammed told the court that ARA officers have the mandate to carry out forensic and financial investigations.

He further told the court that, the two cases at hand fall under that category and court cannot bar the agency from investigating the accounts as long as there are reasons to carry out out investigations.

He further told the court that, Lilian Muthoni Mbogo was involved in the operation of all the accounts under investigations and it was not disputed that the Lilian was facing various criminal charges before the Anti-Corruption Court in Nairobi.

Lilian in her part argued that there was no basis for the issuance of the said orders and that the court failed to comply with the right of fair hearing under Article 50.

Through lawyer Ligunya, she claimed that the accounts in the DTB Bank had been in existence since the other applicants were 11 years old and ARA did not furnish the court with any compelling grounds or proof to raise reasonable suspicion with respect to fraudulent transactions related to the accounts in question.

Ligunya said accounts in the DTB were frozen on 28th of August this and they belong to Lilian children and business and nothing to support the issue of deposits of Kshs. 900,000 on each accounts.

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