Officials of Nairobi City County Workers Union Benson Olianga Oriaro Union secretary general and his deputy John Benard Murioki escorted to Milimani Law Court basement cells on Tuesday July 10,2018/PHOTO BY S.A.N.
BY SAM ALFAN.
Top officials of Nairobi City County Workers Union had solicited for Sh200,000 to assist a colleague to be included with other workers to demand for delayed salaries for the month November 17, the court heard.
Benson Olianga Oriaro who is a Union Secretary General, is accused on 16th of October 2017 , being a employed by Nairobi City County Government of Nairobi as artisan II and being Secretary of Nairobi County Workers Union, requested for a financial advantage of Kshs. 200,000 from Joab Odhiambo claiming he would influence Nairobi City County Workers union to engage in a scheduled parade to city hall to demand for their delayed September 2017 salary a matter related to the affairs of the said public body.
A witness Job Ogolla told Anti Corruption Chief Magistrate Douglas Ogoti, that, the accused Benson Olianga Oriaro Union secretary general and his deputy John Benard Murioki received Sh 50,000 but were nabbed by officers from EACC.
After the arrest the two suspects were taken to the EACC offices where recorded statements before being arraigned in court.
The witness produced money that was recovered from the accused plus recorded discussion
They have denied the criminal charge. There attempt to seek adjournment was rejected and the corruption case ordered to proceed.
The duo according to the prosecution allegedly committed the offence on 16 and 17 October 2017 at Nairobi County.
The accused are out on a cash bail of Sh 200,000 or alternative bond of Sh 500,000 and reporting to Anti- corruption commission every Friday of each month.
Oriaro is a also facing another charge of receiving bribe.
Prosecution also alleged that Benson Olianga Oriaro and John Bernard Muriuki (Deputy Secretary General) on 17th October last year being employed by Nairobi City County Government as artisan II and data collector planning respectively the secretary and deputy secretary of Nairobi City County Workers Union , jointly received a financial advantage of Kshs. 50,000 from Joab Odhiambo claiming he would influence Nairobi City County Workers not to engage in a scheduled parade.
Some of 30 senior officials of the Kenya Revenue Authority (KRA) and Kenya Bureau of Standards (KEBS) who were charged various charge's.
BY NT REPORTER.
At least 30 senior officials of the Kenya Revenue Authority (KRA) and Kenya Bureau of Standards (KEBS) have been charged over the importation of poisoned sugar and other contraband goods.
Kiprono Cole Bullut and Dorothy Wanja are accused that on between 15th May and 7th June in Mombasa being the chief manager container freight station, jointly with others not before court connived to release a consignment of substandard adult diapers to meet the specified quality standard.
Prosecution further alleged that Lawrence Michumbu and Daniel Kimonge being persons employed in the public service, jointly others not before court, willfully disobeyed the provision of standard Act released to the public consignment of substandard adult diapers vide entry which did not meat specified quality standard.
The court further heard that, on 7 of June this year at CNT Container freight station at Mombasa being the Kenya Bureau of Standards Daniel Kamonge Inspector at container freight station Kilindini port , in abuse of authority of your office unlawfully released substandard adult diapers which did not meet the specified quality standard.
Kiprono Cole Bullut, Chief Manager Containers Freight Stations and David Ngugi Mbogori, Customs Head Verification Officer further faced four counts of abuse of office and neglect of duty.
They are alleged to have allowed the Thai rice which did not meet the standards set by the East African Standard for milled rice.
The accused persons are charged alongside KEBS official Peter Nyanjui Ndungu and eight others and are alleged to have committed the offenses on 27th December 2017 within Mombasa County.
The accused were arraigned before Nairobi Chief Magistrate Francis Andayi where they criminal charge and released on cash bail of sh300,000.
The officials were arrested over the weekend by detectives from the Directorate of Criminal Investigations (DCI) in an ongoing probe into the importation of contraband goods.
KRA officials are also in detention and are being interrogated for willingly permitting the release into the market of a consignment of substandard goods.
Migori Governor Okoth Obado with his lawyer Cliff Ombeta at high court criminal division on Monday September 24, 2018/PHOTO BY S.A.N.
BY NT CORRESPONDENT.
Migori Governor Okoth Obado will spend the night at Industrial area prison after he pleaded not guilty to the murder of his pregnant girlfriend Sharon Otieno in Homa Bay.
The court has ruled that he be remanded at Industrial Area GK Prison, Nairobi pending hearing and determination of bail application.
Justice Jessie Lessit of high court criminal division has also ruled that Governor Obado’s bail application be heard tomorrow at 2p.m.
He is accused with others not before court, he murdered Rongo University student Sharon Otieno at Owado area in Rachuonyo sub-county, in Migori between September 3 to September 4 this year.
He was represented by lawyers Cliff Ombeta and Nicholas Ombija.
He is set to argue his bail application tomorrow in the afternoon through lawyer Cliff Ombeta.
The county Chief is likely to spend more days in the police custody awaiting the ruling and consolidation of his case with that of his personal Assistant Michael Oyamo.
In an application filed in court by his lawyers, the governor says that if released on bail he will vail himself to court as of when and required to do so until the matter is concluded.
“The applicant has an unqualified constitutional right to be presumed innocent until the contrary is concluded, ”reads the application.
He says that the offence of murder is bail-able.
In his affidavit, the governor says that he resides in Nairobi County at Green Estate in Lavington and that all his children ate school going children and they depend on him on all their financial needs and if detained they will suffer.
“I am the sole bread winner of my family,”says Obado
He goes on to say that he’s not a flight risk and that he shall not interfere with any witnesses in the matter or the ongoing investigations.
The prosecution has however indicated to the court that they will be opposing to the application by Obado to be set free pending hearing and determination of the murder case.
Homa Bay County Assembly Clerk Bob Kephas Otieno./PHOTO COURTESY.
Investigation established that the Eveline Awino Ogutu who is the proprietor of Nyangume Enterprise is a wife to Bob Kephas Otieno who is a clerk to Homa Bay County Assembly.
BY NT CORRESPONDENT.
High Court has issued conservation order of 26.2 million held in account that belongs to the wife of Homa Bay County Assembly Clerk.
Judge Hedwig Ong’undi of Anti-Corruption Court ruled that the money held in the account of Eveline Awino Ogutu/ T/A Nyangume Enterprise at Equity Bank be preserved.
“There shall be an order for conservation of money held at Equity Bank in the name of the 2 defendant/respondent (Eveline Awino Ogutu/ T/A Nyangume Enterprise)”. Ruled Judge Ong’undi.
The judge also in her 25 ruling delivered yesterday directed the case to be heard fully and a determination made as soon as possible so that if there was any wrong doing , the subject county Assembly gets what is rightfully theirs unconditionally.
According to the ruling, it is not in dispute that the Bob Kephas Otieno and Eveline Awino Ogutu are husband and wife as per Otieno declaration of income , assets and liabilities form.
“Bob Kephas Otieno being an accounting officer was in charge of approving all the payments with full knowledge that Nyagume Enterprise belonged to his wife, he went ahead to approve millions of public money to her for services believed not to have been rendered”. Ruling state.
The amount in question is 26,272,460 million which was paid within a period of five months as reflected in the Eveline Awino Ogutu/ T/A Nyangume Enterprise business bank account in the nine transaction .
While opposing the application by EACC,Eveline Awino Ogutu through her replying affidavit dated 30th of May 2016, she confirmed to be the proprietor of Nyangume Enterprise. She termed the application by EACC as misconceived and I’ll advised.
She told the court that, she applied for the tenders at the County Assembly of Homa Bay and succeeded through competitive procurement process. She said payments made by the county assembly to her were in respect of goods delivered by her.
EACC investigator Willy Mutuku investigated allegations of embezzlement of funds in the County Assembly of Homa Bay. Investigation established that the Eveline Awino Ogutu who is the proprietor of Nyangume Enterprise is a wife to Bob Kephas Otieno who is a clerk to Homa Bay County Assembly.
They believe the clerk largely influenced the transfer of money into the 2 respondent account, by authorizing the same with full knowledge that he had not offered any services to the county assembly.
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.
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.
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 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 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.
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.
