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FAMILY BANK LOSE OUT OF COURT SETTLEMENT BID IN NYS MONEY LAUNDERING CASE.

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Family Bank Chief executive officer Peter Munyiri , Peter Mindoro, Oscar Nyasa, Charles Kamau Thiongo, Raphael Mutinda Nduda, Meldonon Awino Onyango, Josephine Njeri Wairi, and Family Bank limited before Nairobi Magistrate Court on Tuesday September 12,2017

BY NT CORRESPONDENT.

Family Bank has lost it bid to settle a money laundering criminal case in which the bank is charged with failing to report unusual transactions carried out by the NYS suspect Josephine Kabura.

The Director of Public Prosecutions has directed that   the  money  laundering case against top managers of Family bank  proceeds to full hearing and determination of the criminal case.

Through State Counsel Christine  Achieng, Noordin Haji told Milimani Chief Magistrate Francis Andayi that the matter in which 8 senior managers are facing criminal charges involving  prime suspects in the 791 Million NYS scandal should proceed to full trial.

Family Bank had  approached the DPP in 2017 for an out-of-court settlement through l defence lawyer Cecil Miller,where they had  written  a proposal for an out-of-court deal to the DPP.

He told the court that they had initiated  talks with the DPP to explore an out-of-court settlement which may bring the matter to an end.

The accused are Family Bank chief executive John King’ori and former CEO Peter Munyiri are charged alongside KTDA branch manager Robert Nyaga, Anti-money compliance manager Charles Thiongo, Head of Risk and Compliance Raphael Ndunda, Operations Supervisor Nancy Njambi, Relationship Platinum manager Meldon Onyango and Customer Service supervisor Josephine Wairia..

They are charged with failure to report significant transactions carried out by Kabura’s three accounts at the bank. All the accused person have denied the charges and are all out on a Sh1 million bond. The charge sheet says bank officials knew about the suspect dealings in Kabura’s accounts and failed to report it.

Last year September the Bank of Kenya asked for more time to settle a money laundering case with Government.

The bank and its former Managing Director Peter Munyiri sought more time to pursue an out of court settlement with the newly appointed DPP.

SC Waweru Gatonye told Nairobi Chief Magistrate Francis Andayi that the DPP has not had the chance to look at the offer made by the bank.

He said that his clients are making genuine efforts to have the matter settled with a view of making a concrete report to the court on the progress of the negotiations.

“We have no objection to the extension of time, we want to be able to report back to court on the progress made in the journey of settling this matter out of court,” the DPP said.

However, some former family bank employees objected to the talks saying that they must be included in the out -of court settlement.

Through their lawyer Wangai they told the court that they have been kept in the dark on the talks as the discussions are being held behind closed doors.

They argued that they were charged because they were working for the family bank.

They asked the court to either include them in the settlement or have the charges against them dropped.

SC Gatonye however insisted that his clients are keen to have a possible settlement as the outcome of the matter will have serious ramifications in the banking sector.

Among people charged are Operations manager Nancy Njambi, Chief executive officer Peter Munyiri , Peter Mindoro,  Oscar Nyasa, Charles Kamau Thiongo,  Raphael  Mutinda Nduda, Meldonon Awino Onyango,  Josephine  Njeri Wairi, and Family  Bank limited.

It’s  alleged between  22 December,  2014 and  19  May 2015 at Family  Bank KTDA branch  abetted the offence of money laundering by engaging in transactions in account number  065000007847 belonging to Josephine  Kabura Irungu carrying on business  under the business name Reinforced  Concrete  Technologies held at Family Bank  Limited  KTDA branch, Nairobi  for Kshs 320.160.000 whose effect was to diminish the said sum of money  which was acquired directly as a result of the offence.

The accused is said to have failed to comply with the reporting obligations by failing to report unusual transactions relating to an account belonging to Kabura.Kingo’ri was also charged with abetting money laundering contrary to the law on similar dates and place.

He is said to have abetted the offence of money laundering to Kabura for Sh 320,160,000 whose effect was to diminish the said sum of money which was acquired directly as a result of the commission of the offence.

JUDGES AND MAGISTRATE RAISE CONCERNS OVER BUDGET CUT.

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The Secretary General of Kenya magistrates and Judges Association Derrick Kuto (centre) accompanied by (left to right) President of the association Lady Justice Jacqueline Kamau,Vice secretary general Muktan Sarat,vice president Everlyne Olwande and Treasurer Benmark Ekhubi address the media at the association offices at Milimani Law Courts on Monday July 30,2018 at Supreme Court building in Nairobi.
BY SAM ALFAN.

Kenya Magistrates and Judges Association (KMJA) has come out to fight over the slashing of judiciary budget by members of the National Assembly.

KMJA said in a press conference held at the Supreme Court that,Parliament drastically, unexpectedly and fragrantly slashed judiciary’s 2018/2019 budget which will bring the its operation s into halt.

The association through its Secretary General,Derrick Kuto asked the government to allocate judiciary enough funds to demonstrate it’s good will to partner with with judiciary in fight against corruption.

“Government urged judiciary to help on the fight against corruption by fast tracking cases but yet the same government deny judiciary enough funds to facilitate the same” said Kuto.

Judiciary had submitted a budget of 31.2 billion for the year 2018/2019 financial year only to be allocated 17.2 billion.

The proposals comprised Sh19.8 billion for recurrent expenditures, Sh11.4 billion for development and Sh891 million for the Judicial Service Commission.

“Slashing the judiciary budget means that there will be no construction of new courts, the old one will not be expanded and mobile courts shall be suspended ” said association.

The association further said that judicial officers have been attacked and injured because of tiny offices which doubles as courtrooms. The budget cut will hinder the expansion programme.

They said that the independence of the judiciary is under serious threat.

Kuto said that the position of KMJA is that for the independence to be realized,a fixed percentage of the National Budget every fiscal year ,should be allocated to the Judiciary.

“We call upon the legislature and the Executive to urgently appreciate and correct this anomaly so that “Wanjiko” “can effectively access justice without these roadblocks.

Mr Kuto said that Kenyans confidence with judiciary has gone up and more Kenyans bringing their disputes to courts for settlement.

“The confidence can only be sustained if the judiciary is availed adequate funds to oversee it’s blueprint ” said Kuto.

He call upon legislators and the Executive to urgently appreciate and correct the anomaly so that ” Wanjiku” can effectively access justices without roadblocks.

JSC SITTINGS CANNOT BE LIMITED, COURT TELLS SRC.

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Chief Justice David Maraga with other Judicial Service Commission (JSC) members addressing press conference at Supreme Court building in Nairobi.
BY SAM ALFAN.

Salaries and Remuneration Commission (SRC) has suffered a major blow after high court quashed it decision to limit the number of Judicial Service Commission (JSC) sittings.

Justice chacha Mwita further nullified the move by SRC to curb JSC meetings to not more than eight a month.

According to the court , the role of SRC is limited to reviewing and setting remuneration of state officers.

SRC has also been barred from interfering with the judicial independence of the JSC.

The ruling said that SRC decision to cap the remunerable meetings for JSC members to not more than eight meetings in a month is unconstitutional and interferes with its administrative independence.

In the case Judicial Service Commission moved to court to challenge a directive that capped the number of paid monthly meetings to eight, saying that the orders will affect the recruitment of new Judiciary appointments.

JSC argued that they will be be unable to meet the required deadlines or even discharge its duties as far as independence, accountability, efficiency and effectiveness of the Judiciary in administration of justice are concerned.

GOVERNOR SONKO SAVES COUNTY GOVERNMENT SH40 MILLION IN LEGAL FEE FROM CITY LAWYER.

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Nairobi Governor Mike Sonko.
BY SAM ALFAN.

Nairobi Governor Mike Sonko has saved city tax payers 40 million legal fee from city lawyer.

This comes months after the city county boss blocked another 6.5 million payment from a city lawyer firm.

This is after taxation master sitting in the judicial review division has slashed Sh 44 million demanded by lawyer against Nairobi City County to Sh 900,000 payable to the advocate for service offered to the County in a matter filed by its employees.

The court did find that Bill of costs demanded by Professor Tom Ojienda dated 17 November 2017 being so exorbitant, exaggerated and setting up a bad precedent in the interests of access to justice.

The taxing master Mrs Mburu, said that from the submissions by lawyer Thomas Letangule appearing for the County, that Professor Ojienda handled a matter by filing judicial review seeking to lift warrants that been issued against County staff who been threatened with arrest for demand unpaid salaries amounting to Sh 140 million.

This matter was not complex, since Professor Ojienda took over Edward Omotii who previously appeared for the County.

Lawyer Letangule told the taxing master that Ojienda represented the county in negotiations recorded before court in which the County agreed to pay Sh 7 million every month to disgruntled staff until the same was made in full.

“Most of the court attendance were merely for purposes of confirming payments of the installments showing that there was no complexity involved and such time was spent in court arguing the suit” the lawyer said.

The County lawyer said that, Professor Ojienda did not produce evidence to show that the matter was complex in nature to warrant Sh 44, 605, 922.50.

He raised instruction fees amounting to Sh 25 million, saying that amount is not justified by the nature of the matter he handled.

Mr Letangule said that legal principle applicable in taxation of costs are well settled, saying instruction fees for contentious matters are provided under schedule 6 of the advocates remuneration order of 2014.

He contended that the value of Sh 140 million the basic instruction fee is Sh 2.225 million which should be considered against Sh 25 million he sought from the County has instruction fees.

FORMER JACK & JILL PROPRIETOR NOORANI IN TROUBLE OVER TAX EVASION AMOUNTING TO SH 134 MILLION.

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Former Jack and Jill propitiator Schoon Noorani outside Milimani Law Court on July 3,2018.
BY SUNDAY BUSINESS  DESK.
 

The 1998 Kenya Revenue Authority demand notice  of Sh 134 million withheld  has tax by Chairman of Board of directors of Jack and Jill  Mr Schoon  Noorani.

The  commission issued a notice  by filing a judicial review proceedings against the businessman, the matter has now been reawakened  and is set for hearing on 11 September 2018 before the head of  Judicial Review Division Justice Pauline Nyamweya.
 
Mr Nooran, according  to the KRA has  for many years  not remitted taxes to the commission has required by law.
 
 Inview in of desperation and anticipation that KRA might seize his properties he  filed an application dated 13 June 2018 seeking to set aside orders obtained by KRA freezing;s several bank accounts.
 
KRA did obtain  orders prohibiting him from accessing  his  bank accounts located at Fina bank, Guardian bank situated at View Park  Towers, Cooperative bank and Jack and Jill Extravaganza.
 
The move by  the commission was caused in failure by Mr Schoon  neglecting to honour his tax obligation  to satisfy what  is required of  business enterprises.
 
 The  treader did not offer any explanation the withholding taxes due to the government.
 
The commission says  that there were several demand letters send to Mr Schoon  asking him to oblige to the demand and  pay the mount sought.

FORMER NGONG WARD MCA JAILED FOR TWO YEARS AND FOUR MONTHS OVER 40,0000 BRIBE.

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Former Ngong Ward Member of County Assembly Paul Super Kanume being handcuffed after he was sentence for two and half years by Nairobi Anti-Corruption court on Friday July 27,2018/PHOTO BY S.A.N.
BY SAM ALFAN.

Former Ngong Ward Member of County Assembly has been jailed for two years and four months for soliciting bribe.

Paul Super Kanume was was found guilty by Nairobi Anti-corruption Court Chief Magistrate Lawrence Mugambi.

He was found guilty of three charges of corruptly soliciting for bribe and corruptly receiving 38,000 from a vote to facilitate allocation of a plot to construct a car wash.

He was however given an alternative of a fine of 600,000.

The magistrate said prosecution established their case which led to conviction of the former county representative.

“Going by the oral account of the complaint which is validated to a big extent by the audio-visual and transcript evidence referred to in the foregoing, I find evidence of soliciting is explicit” ruled Mugambi.

While convicting the accused on the third count, he said prosecution proved the charge beyond reasonable doubt.

” The accused was constructively the receipt of the corrupt benefit and evidence clearly unmasked as a principal perpetrator that was standing in the shadows” ruled Mugambi.

Mr Paul Supet had been charged that on 13 the September 2013 being a person employed in the public body to wit a member of county assembly for ngong ward corruptly socited kshs 30, 000 from. Godfrey ayanga omanga as an inducement to construct a car wash business site, a matter relating to the aid public body.

Prosecution further alleged that, on the 19 of September 2013, at Ngong Chief’s offices in Kajiado County , being the person employed by a public body as the Member of County Assembly for Ngong Ward corruptly through an agent George Kimemia Wairimu received a benefit of Kshs. 38,000 from Geoffrey Ayaga Omanga as an inducement so as to facilitate allocation of a plot within Ngong Stadium to Omanga to construct a car wash business site , a matter relating to the affairs of the said public body.

Supet asked the court to consider that he had a young family and that he had lost his wife during the trial period.

CITY LAWYER IN THE DOCK OVER SH4 MILLION THEFT.

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Lawyer Billy Amugune Shigoli before a Nairobi Court on Friday July 27,2018/PHOTO BY S.A.N.

BY NT CORRESPONDENT.

Today another lawyer has been arraigned in court. He is the third lawyer to be charged this week.

Lawyer Billy Amugune Shigoli who has been described by the charge sheet as agent of Caroline Ann Cheledi is accused of stealing Sh 4, 027, 500, which he had received for or on account of Cheledi.

Prosecution alleged he committed the offense on diverse dates between 15th January and 7 March 2017 at Embassy House along Harambee Avenue in Nairobi.

However, he did not plead to the charges after his lawyer pleaded with the magistrate that his client was not physically fit to plead to the charges since he was diabetic and had not had access to his medication.

Senior Principal Magistrate Kenneth Cheruiyot considered the submissions and differed the plea to 2nd August 2018.

Senior Principal Magistrate Cheruiyot released him on a personal bond of Sh 300,000 pending plea taking.27,2018.

SHISHA BAN UPHELD BY HIGH COURT, JUDGE SAYS YOU CAN’T GAMBLE WITH KENYANS HEALTH.

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Senior State counsel Adow Mohamed (2nd right),with ministry of health officials (left to right) Kepha Ombacho,(Director) Pauline Ngari and Karen Sang at Milimani law courts after the court ruled that the ban on shisha to remain in force.

” I find and hold that it is the duty of state to take protective measures without having to wait until the reality seriousness of those risks are fully demonstrated or manifested ” Aburili said.

BY SAM ALFAN.

High court Court has upheld decision by former health cabinet secretary Dr. Cleopa Mailu on Shisha ban.

The decision by the court means shisha importation, manufacturing, distribution, sale and consumption remains to be illegal in the country.

” I hold and find that shisha ban imposed by the cabinet secretary, ministry of Health vide legal notice No 292 of 28 December, 2017, however irregular , shall remain in force and respondents are directed to follow the procedural requirements to the letter in regularizing the ban”ruled Judge Aburili.

The judge said the ministry through state senior counsel Adow Mohammed provided material before the court proving that shisha consumption is most likely to cause harm to public health of the country and the alleged or potential harm outweighs the economic and social gains to the traders , employees and consumers of the shisha substance.

” This case is one of those exceptional ones where public interest outweighs social and economic individual benefit ” ruled Aburili.

Justice Aburili said health being a fundamental right and funded by the state through tax payers money , it would be inimical to lift the ban and turn to tax payers to fund the consequences engaging in leisurely activities.

However, she declined to quash the notice as sought by shisha businessmen saying the well-being of Kenyans is more important than social and economic gains of the respondents.

“This is so because no country and no court of law can afford to gamble with the present and future lives and livelihood of this country in the name of fear of loss of social and economic gains , commercial enterprises go under and can be revived. Lives lost can never be revived’ said judge Aburili.

In her ruling her 63 page judgement,  Justice Roselyn Aburili however noted that the former CS did not follow the constitution when he issued a legal notice banning the smoking of Shisha.

The learned judge further noted that CS Mailu also failed to indicate to the court  of intentions of tabling the legal notice before Parliament for debate.

The court also observed that CS Mailu did not involve public and stakeholders in the Shisha business.

“Fair administrative action is a right guaranteed in the constitution,” ruled Justice Aburili.

The court however ruled that there was no evidence before to show that Shisha business is unlicensed.

The Court has now directed that the Ministry complies with the rules within 9 months.

This comes after Shisha dealers moved to court seeking suspension of the ban which they argue caused unemployment and loss of income.

In December 28, 2017, CS Mailu banned the sale and smoking of shisha in Kenya saying that anyone found guilty of contravening the control of shisha smoking rules will be “liable to a fine not exceeding Ksh.50,000 or to imprisonment for a term not exceeding six months, or both.”

The ban in Kenya became the third in the region, after Tanzania and Rwanda, to outlaw water-pipe tobacco in less than two years.

During the hearing, Dr Jackson Kioko director of medical services  in the ministry of health told the court that Shisha affects all parts of the human body particularly the vital organs such as brain , lungs heart attacks   and blockage of arteries

“Non-communicable diseases including cancer, high blood pressure stroke heart attack asthma, bronchitis and derangements of metabolism of fat and sugar which are transmitted from one person to another through shisha smoking,” says Dr.Kioko

Mr Mailu through state counsel Adom Mohammed told the court, that the decision was based on the greater public interest of protecting and enforcing public health from harmful effects and practices associated with Shisha Consumption.

Director of Public Health Kepha Ombacho, speaking exclusively to NairobiTimez, welcomed the court decision and said they have no interest in the business at all.

The National Environment Management Authority (NEMA) has since raided several night clubs said to be flouting operation regulations.

LAWYER AND TWO OTHERS CHARGED WITH MALICIOUS DAMAGE AT JAMIA MOSQUE SHOPPING MALL.

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Mohammed Abdi Salaah ,Osman Godana Jilo and Abdulaziz Hassan before a Nairobi court.

BY NT REPORTER.

An advocate of the High court has been charged with malicious damage to property contrary to the law.

Advocate Mohammed Abdi Salaah and advocate and co-accused Osman Godana Jilo and Abdulaziz Hassan denied the charges before Chief Magistrate Francis Andaya.

The court heard that on July 13, 2018 at Jamia mosque Shopping Mall along Kigali Road in Nairobi, Jointly unlawfully damaged two microwaves, cooking utensils, five sufurias, and fridge and food staffs worth Sh 400,000.

Through their lawyer Muendo Unvyu, the accused had objected taking plea claiming that they will engage Director of Public Prosecutions (DPP).

“The first accused is an advocate of the high court and therefore not a flight risk,” said Muendo.

He requested the court to differ the plea so that they conclude the talks with the DPP the magistrate declined to grant that plea saying that it is the same DPP who approved the charges.

They were released on cash bail of Sh 50,000 or a bond of Sh 100,000 each.

The matter will be heard on August 21, 2018 before city court.

SIEMENS IN COURT OVER SH63 MILLION DEBT.

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Milimani Law Courts.

BY SAM ALFAN.

Siemens Limited has been sued over a debt of Sh 43 million plus Sh 20 million interest owed to Enterprise Generale Malta Forrest Entity.

The company moved to court after Siemens Limited breached the contract in which Malta had entered with Isolux Ingenieria SA (ISOLUX) as a sub-contractor to construct transmission line to Ethiopia.

Through Mohammed Muigai Advocates, Malta claims that it executed the works and were entitled to payment but before the same could be effected by Isolux Ingeniera, which is a Spanish company, it was placed under management in Spain due to liquidity problems.

The Contract expressly provided that ISOLUX could assign all the rights and obligations of the contract to a third party including but not limited to Siemens Aktiengesellschaft, the Defendant.

Through a letter dated June 27, 2017 ISOLUX notified the Plaintiff that it had assigned the contract to Siemens, the Defendant to substitute ISOLUX as the contractor. The Defendant was to assume all rights and obligations relating to the ISOLUX subcontracts.

As a consequence, they are indebted to the Plaintiff to the sum of Sh 43,539,922.38 and USD. 211,957.90 accruing interest at the rate set out in the contract.

“Even though there have been numerous demands, Siemens has not been willing to settle the claims due subcontractors,” according to court documents.

They have simply been stringing subcontractors along most of whom are Kenyan companies with no intention whatsoever to payments due from them.

MaIta said that as provided by the contracts, upon execution of the works due from the plaintiff under contract, the plaintiff raised requisite invoices for settlement by ISOLUX INGENERIA S, A, which have not been settled.

In the affidavit of Christophe Fierens, Malta entities Company director said that all indeed Siemens limited owes them over Sh 43 million and USD 211,957 plus interest.

“Despite demands and notices of intension to sue, Siemens has declined, refused or neglected to settle the outstanding amount due to Generale Malta Forrest Entity,” said Fierens.

The company further states that Siemens has been not willing to settle the claims due to the Enterprise company

He says at the hearing of the dispute he will ask the court to pass judgement in favor of the Enterprise company that executed the contract

Siemens limited has until next week to file it’s response to the case.

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