NO ELECTIONS TILL WE LISTEN TO GOVERNOR ALFRED MUTUA’S APPEAL, APEX COURT WARNS IEBC.

June 27, 2018

NairobiTimez — Machakos Governor Dr Alfred Mutua before court of appeal.PHOTO BY S.A.N.

BY SAM ALFAN.Machakos Governor Dr Alfred Mutua can breathe a sigh of relief after the court suspended preparations for another election in the county.

“There shall be a stay of execution against the Judgment and Decree of 8 June 2018 pending the hearing and determination
of the case” ordered Judges.

The Supreme Court has suspended the preparations for elections in the position.

The Court of Appeal nullified Governor Mutua’s election on June 8 after his rival Wavinya Ndeti appealed a High Court ruling that had upheld his August 8, 2017 elections win.

The apex court issued the stay orders that will remain in force until the matter is heard and determined.

“Conservatory order restrains the first respondent (IEBC) from announcing or conducting gubernatorial elections in Machakos,” the court said.

The top court also issued orders preventing the Machakos Speaker from assuming the office of the Governor until the appeal is determined.

SACKING COUNTY OFFICIALS WAS THE RIGHT ACTION TO TAKE, COURT UPHOLDS GOVERNOR SONKO DECISION.

By Nairobi Times -

June 27, 2018

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BY SAM ALFAN.

The High Court has upheld a decision by Nairobi Governor Mike Sonko sacking officials.

Formerly senior county staff lost a bid seeking to block Governor Sonko from sacking them.
The court held that the governor has a right to sack and hire staff.

“In court view, the employer or respondent acted within its mandate after suspecting some wrong doing on the part of applicants. I do not find the petitioners orders tenable. I will not allow the prayers sought” Judge Hellen Wasilwa ruled.

Justice Wasilwa said that the petitioners are free to respond to the show cause letters issued against them within 14 days from the date of Judgment.

Luke Mugo Gatimu, Maurice Ochieng Okere, Nixon Otieno Awuor, Shaban Asman and Bedan Ndegwa Wambui were charged before a Nairobi Court last year.

According to the court, the five failed to demonstrate how their rights and freedoms were violated by the sacking.

They wanted the decision overturned requesting that the police and DPP be restrained from investigating and prosecution them.

The widespread publicity of the events, they said caused them suffering, untold grief and mental anxiety as they are now perceived by the general public to be corrupt individuals stealing money that belongs to the county.

They further argued that the news report gave the impression that the employees of County’s Finance Department were attempting to steal Sh7,803,876 in cash.

The seven officials were charged in court after they were found in possession of the said money in their offices, which ought to have been deposited by close of business on August 22 2017.

They are accused of abuse of office being chief cashier, finance officer, head of treasury head of revenue, in-charge of bank reconciliations and assistant cashier respectively.

MP ARAMA FREED ON A CASH BAIL OF 1 MILLION.

By Nairobi Times -

June 26, 2018

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BY SAM ALFAN.

Nakuru West Member of Parliament Samuel Arama and lawyer have been released on Sh2 million bond with a surety of a similar amount.

Arama was freed on Tuesday alongside lawyer Kennedy Onkoba by Milimani Antii-Corruption Court Chief Magistrate Douglas Ogot.

“There were no compelling reasons given by the prosecution to warrant accused persons denied bail” Ruled Ogoti.

They were granted the alternative of Sh1 million cash bail each ahead of the pre-trial hearing on July 9.

Nakuru West Member of Parliament Samuel Otara Arama and lawyer Kennedy Begi Onkoba were remanded in police custody.

The two were charged with conspiracy to defraud a businessman of his land in Nakuru town by having the property secretly transferred to the politician by a fake seller for Sh60million.

Arama and Onkoba who appeared before Nairobi Anti-Corruption Chief Magistrate Douglas Ogoti, denied the charges and were remanded overnight at the Kileleshwa police station pending ruling on their bail application.

Arama and Onkoba were jointly charged with conspiracy to defraud Ahmed Muhammad Nisar of his plot in Nakuru municipality by pretending they were capable of effecting the transfer of the property to the politician.

The offence, in which the duo purported to insert entries in the Nakuru Lands Office white card register records, is alleged to have been committed between August 3 and 11, 2015.

Arama faced a second count of unlawfully drawing a land sale agreement in respect of the contested plot-Nakuru Municipality Block 6/95-pretending it had been signed by Yusufu Mustaphah Ratemo.

The third count alleged that the politician presented the land sale agreement to Ethics and Anti-Corruption Commission (EACC) investigators Agosta Mecca and Vera Nyambok, with the intention to deceive them that Ratemo was the genuine seller of the property. This offence was allegedly committed at the EACC offices at Shiv Plaza in Nakuru Town on February 9, 2016.

Arama faced a fourth count of unlawfully securing a certificate of lease and registration of transfer of the property by falsely claiming to have purchased the land from Ratemo on August 3, 2015. He is alleged to have presented suspect documents to the offices of the Ministry of Lands, Housing and Urban Development in Nakuru Town on August 7, 2015.

The fifth count alleged that Arama fraudulently secured the registration of certificate of ownership of the property between August 7 and 11, 2015 at the Lands offices in Nakuru town.

Arama was accused of misleading the EACC Investigators, Mecca and Nyambok, who were investigating the alleged illegal acquisition of the land, by recording a statement claiming he had legitimately purchased the property for Sh60million from Ratemo.

Several Kisii region members of Parliament joined him for solidity. Among them Kisii Senator Okongo Omugen,MP Onyoka among others.

COURT COULD OVERTURN PLASTIC BAN DIRECTIVE.

By Nairobi Times -

June 26, 2018

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BY SAM ALFAN.

When former environment CS Judy Wakhungu banned the use of plastic bags, it was never expected that anyone would contest the directive.

But a manufacturer has filed a case seeking for Sh2 billion compensation.

According to the paper bags maker, the business lost investment worth billions after the ban.

Hi-plast filed an application where they want the court to enter judgment against the government for failure to make an appearance or pleadings for the case for compensation.

“We pray that the court grants us leave since inspite of proof of service the defendants have defaulted in entering appearance and has further failed to file any appropriate defence,” lawyer Eddy Orinda says.

If the court agrees with the company, the directive banning paper use could be overturned and ordered to pay the petition over Sh2 billion.

NEMA has neglected or refused to act despite knowing that the matter is alive in court, the lawyer says.

Hi-Plast had earlier sought an order to quash the gazette notice by the Ministry of Environment, banning the manufacture and use of plastic bags.

The High Court delivered a judgement in a separate case filed by Kenya Association of manufactures(KAM) in which the the latter lost.

Through its director Mahesh Dodhia, Hi-plast says the ban has caused them unimaginable losses, having invested heavily in machinery and raw materials as well as defaulted on loan repayments.

Already he is facing liquidation and had expected that his suit in which he raises the issues if compensation would be merged with the KAM one but this was not done.

“The petitioner’s loans were to be repaid solely based on sales projection that were hinged on month on month output and sales of its products which are now deemed illegal,” lawyer Orinda says.

The firm also claims that the declaration of the ban and its implementation came after manufacturers were granted inadequate and unreasonable notice.

Hi-Plast accuses the ministry of disregarding a parliamentary committee’s call for the shelving of the gazette notice leading to the ban.

Dodhia further accused the ministry of abetting other manufacturers, whom he claimed continue to produce plastic bags.

He added that the ban seems to have been effected to prop up the businesses of friendly manufacturers, a move he terms discriminatory and malicious.

He stated that at time the Gazette Notice was published in March 2017, the company had already shipped in raw materials.

Proceedings resume July 2.

MP ARAMA TO SPEND ANOTHER NIGHT IN POLICE CUSTODY, TO KNOW FATE TOMORROW.

By Nairobi Times -

June 25, 2018

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BY SAM ALFAN.
Nakuru West Member of Parliament Samuel Otara Arama and lawyer Kennedy Begi Onkoba to remain in custody pending ruling on bail tomorrow.

Prosecutor Joseph Riungu had opposed their bail application on the basis that there was likely breach of peace and that the charges were serious.

However, defence lawyer Migos Ogamba dismissed the allegations as speculative and said Arama and Onkoba were willing to abide with the court orders.

It has now become abundantly clear that the DPP does not think accused persons have any rights because charges has been preferred against them , they should remain in custody” lawyer Ogamba told the court.
The Ethics and Anti-Corruption Commission (EACC) lead investigator, Agosta Mecca, explained that the duo was brought to Nairobi after rowdy youth claiming to be Arama’s supporters, had stormed Railways police station in Nakuru over the weekend demanding their release. The youth had confronted police officers and were dispersed with teargas, he said.

The two have been charged with conspiracy to defraud a businessman of his land in Nakuru town by having the property secretly transferred to the politician by a fake seller for Sh60million.
Arama and Onkoba who appeared before Nairobi Anti-Corruption Chief Magistrate Douglas Ogoti, denied the charges and were remanded overnight at the Kileleshwa police station pending ruling on their bail application.

Arama and Onkoba were jointly charged with conspiracy to defraud Ahmed Muhammad Nisar of his plot in Nakuru municipality by pretending they were capable of effecting the transfer of the property to the politician.

The offence, in which the duo purported to insert entries in the Nakuru Lands Office white card register records, is alleged to have been committed between August 3 and 11, 2015.

Arama faced a second count of unlawfully drawing a land sale agreement in respect of the contested plot-Nakuru Municipality Block 6/95-pretending it had been signed by Yusuf Mustaphah Ratemo.

The third count alleged that the politician presented the land sale agreement to Ethics and Anti-Corruption Commission (EACC) investigators Agosta Mecca and Vera Nyambok, with the intention to deceive them that Ratemo was the genuine seller of the property. This offence was allegedly committed at the EACC offices at Shiv Plaza in Nakuru Town on February 9, 2016.

Arama faced a fourth count of unlawfully securing a certificate of lease and registration of transfer of the property by falsely claiming to have purchased the land from Ratemo on August 3, 2015.

He is alleged to have presented suspect documents to the offices of the Ministry of Lands, Housing and Urban Development in Nakuru Town on August 7, 2015.

The fifth count alleged that Arama fraudulently secured the registration of certificate of ownership of the property between August 7 and 11, 2015 at the Lands offices in Nakuru town.

Arama was accused of misleading the EACC Investigators, Mecca and Nyambok, who were investigating the alleged illegal acquisition of the land, by recording a statement claiming he had legitimately purchased the property for Sh60million from Ratemo.

The Magistrate to decide whether to detain or release the accused on bail tomorrow at 2:30 PM.

NYS SUSPECTS LAWYERS PROTEST NEW BAIL CONDITIONS BY DPP.

By Nairobi Times -

June 22, 2018

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BY SAM ALFAN.

Lawyers in the National Youth Service case have accused Director of Public Prosecution of introducing new conditions against their clients release .

Former Gender PS Lilian Mbogo Omollo through his lawyers accused DPP of introducing new bail conditions that were not set by the high court.

He further said there’s no order issued by the high court or magistrate court ordering the Asset Recovery Authority to verify the bond terms.

He told the court despite roadblocks and frustrations along the way his clients has complied with conditions set by the high court.

“To say our client should adhere to a directive of DPP which there are unaware off and even this court is not aware off would be impunity at it best and abuse of power thats utterly prejudicial to the constitution” Ligunya told the court.

Lawyer Ligunya opposed DPP application to be given more time for Asset and recovery agency to verify the surety produced accused Persons to ascertain whether they are not proceeds of crime.

“DPP does not dictate to this court neither can he can his office change the law the way it is to create special directives ” Lawyer Ligunya submitted.

Anti-Corruption Chief Magistrate Lawrence Mugambi said he will make a ruling today but also said law must be followed.

“We must be mindful the fact that high court has already granted them bail . They have presented their surety and conditions in court, and they have said they have complied. Now they come to court and told that there condition which they were not aware off before which come up by a letter dated 20 of June,2018. These conditions were not there when high court issued orders” Magistrate Mugambi commented.

DPP applied youth Affairs Principal Secretary Lilian Omollo and National Youth Service (NYS) Director General Richard Ndubai to remain in remand even after they were freed on bond.

The DPP asked the court to suspend the release of Ms. Omollo and Mr. Ndubai claiming that the bail securities and funds presented for their release are suspect and subject to the current cases.

“We have received information that some of the proposed bond terms have received properties by a way of transfer from the accused persons. Some of the proposed securities are subject to investigations,” said the DPP.

On Wednesday, the DPP instructed the Director of Criminal Investigations George Kinoti to ensure all assets presented by the suspects for their release are valid and legitimately acquired.

“Please note to confirm the validity and legitimacy of the securities and funds being presented by the suspects in the above mentioned cases for purposes of procuring their release on bail and bond,” said the DPP in a letter to the DCI boss.

High court justice Hedwig Ogundi granted the accused persons a cash bail of 1 millions shillings each, asked to deposit bond of 5 millions shillings and a sureity of 2 millions shillings each.

“Each to execute a bond of Kshs 5 Million plus a surety of Kshs 2 Million to be approved by any of the Chief Magistrates of the Anti-Corruption Court. The approval will be done in ACC No 8 of 2018 and will apply to all other files” ruled Judge.

DO NOT DEMOLISH THESE HOUSES, COURT ORDERS STATE.

By Nairobi Times -

June 20, 2018

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BY SAM ALFAN.

Elegant Homes built by Superior homes will not be demolished yet, court orders.

Justice George Odunga sitting in Machakos stopped the intended demolition of those houses worth million of shillings.

This is pending the hearing and determination of the case.

Judge Odunga issued the orders following an urgent application filed by Superior Homes, which claimed that Water Resources Authority ordered the demolition of eight modern houses by tomorrow, June 21.

Lawyer Philip Nyachoti for the construction company said the enforcement order issued on May 31 2018 could not be complied with since the timeline was inadequate to ascertain the concreteness of the boundary dispute.

“The judge said the intended demolition or removal of residents is halted until the court makes its decision on the dispute between the company and Warma.

The decision by the authority is illegal and unlawful as its contravenes the applicant’s legitimate expectation and is motivated by extraneous purposes other than those recognized by the law, Mr Nyachoti claimed.

The water authority claims that the houses in question are on riparian land bordering the stony River Athi, saying that the decision goes against Warma finding contained in a letter dated 3 September 2013.

“The letter did confirm that the houses are outside boundaries of minimum and maximum distance allowance in respect of the riparian land” the lawyer said.

He informed the court that, it took the applicant time to file the application for judicial review as it had to engage independent surveyors to ascertain the disputed boundaries who submitted their report on June 11.

The court heard that the respondent hold two contradicting findings over the suit property, in which he applicant has built houses and sold to third parties.

CHASE BANK DIRECTORS RELIEVED AFTER COURT REDUCES BAIL TO SH500, 000.

By Nairobi Times -

June 20, 2018

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Kenyans who lost money through fraudulent Chase Bank activities have something to ponder.

Its former Chairman Mohammed Zafrullah Khan and other directors accused of conspiracy to defraud the bank over Sh1.6 billion have been charged afresh.

This is to fortify the charges.

Prosecution alleges that on December 31st 2015, the accused person’s stole Sh483,328,000 million from the said Bank.

The prosecution has also pressed another alternative count of stealing by directors.

The other directors are accused of stealing almost half a billion from Chase Bank.

The prosecutor claims that the directors together with others defrauded the bank by alleging that they had cleared Sh1.6 billion loans to various companies.

“Between August 2009 and March 2016 at Chase Bank headquarters in Nairobi, you conspired, with intent to defraud the bank, by pretending that the disbursement of Sh1.6 billion had been transferred from internal account of Chase Bank to the accounts of Camelia Investments Limited, Cleopatra Holdings Limited, Golden Azure Limited, and Colbrook Holding Limited,” state the charge sheet.

Lawyer Cecil Miller for the accused asked the court to grant lenient bail term to Charges against Amira Claudia Wagner Khan and Mohammed Nasrullah Khan saying that the two are facing two counts and that one of them is unwell.

Magistrate Martha Mutuku reduced the bail terms to a cash bail to Sh500,000 each.

She said that since the two accused face only two charges, she will consider their application.

The case will be heard on July 17, 2018.

NYS SUSPECTS RELEASED.

By Nairobi Times -

June 19, 2018

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BY NT CORRESPONDENT.

All 47 accused persons charged over the multi-billion scandal at the National Youth Service (NYS) have been granted bail pending hearing and determination of their case.

“I find that the respondent has not satisfied this court that the applicants and their co-accused should not be admitted to bail. Even as I grant bail I am alive to the seriousness of the charges the applicants and co-accused are facing. I also note that the total number of the applicants and co accused is about forty one and they range from senior government officers to junior officers in the Ministry and various departments. All these factors must be taken into account so that the terms and conditions of the bail/bond
cut across the spectrum” ruled the judge.

High court justice Hedwig Ogundi granted the accused persons a cash bail of 1 millions shillings each, asked to deposit bond of 5 millions shillings and a sureity of 2 millions shillings each.

“Each to execute a bond of Kshs 5 Million plus a surety of Kshs 2 Million to be approved by any of the Chief Magistrates of the Anti Corruption Court. The approval will be done in ACC No 8 of 2018 and
will apply to all other files” ruled Judge.

The court further directed the accused persons not to leave the jurisdiction of the chief magistrate,and to deposit their traveling documents with the court.
Ong’udi noted, however, that they cannot contact witnesses.

The suspects were also ordered to surrender their passports and were barred from accessing their offices without police officers.

They are also expected to report to the DCI office once a week pending their trial.
They were also ordered to attend court for mentions and hearings whenever called upon to do so.

Further the accused Leona who include Former NYS Director Richard Ndubai and PS Lilian Omollo ,businessmen and women and public servants have been ordered not to go back to their offices or interfere with witnesses lined up by the prosecution.

NYS suspects appealed a decision denying them bail.James Thuita and Yvonne Wanjiku Ngugi through lawyer Mwanza Gachie claim that the Magistrate Douglas Ogoti failed to uphold the presumption of innocence until proven guilty.

They say that they should have been granted bail because they would have given an undertaking to appear before court whenever called upon.

In the appeal, they say the prosecutor did not present any evidence at all to show that the applicant were likely to abscond court in the event they were granted bail.

They also claim that they are sickly and in dire need of specialized treatment.

The magistrate, they say failed to consider application for bail on their own merits and delivered an omnibus ruling for all accused persons based on social media outburst against corruption.

While denying the accused persons bail, Mr Ogoti took judicial notice of the fact that social media has been airing instances of economic crimes on almost day to day basis.

The two also claimed that the magistrate passed judgment against the accused person and found them guilty before they were even tried for alleged offence.

DEALERS OF ALLEGED CONTRABAND SUGAR AND COOKING OIL RELEASED BY COURT.

By Nairobi Times -

June 19, 2018

0

BY SAM ALFAN.

Three alleged counterfeit sugar and cooking oil dealers arrested in Eastleigh area, Nairobi have been released.

Earlier, they had been charged with selling substandard goods worth millions.

Dahir Ahmed Hassan ,Mohammed Dahir Ahmed and Ahmed Sheikh Mohammed are directors of Diamond Wholesalers.

On June 4 2018 at Diamond Wholesalers stores in Eastleigh estate , jointly with others not before court, they were found offering for sale 922 bags of 50 kilogram each of substandard white sugar valued at Sh3,070,260 million.

The three are also accused jointly with others not before court of applying the Kenya Bureau of Standards mark on Kabras sugar brand without a permit to use the standardization mark.

The prosecutor further alleges that, on June 4 2018 at Diamond wholesalers stores in Eastleigh Estate, the three with others not before court were found repackaging brown sugar under poor hygienic condition rendering the product unsafe and compromise its quality contrary to requirements of the Kenya’s standard specification.

They are also accused on the same date , they were found offering for sale 648 jerricans of 20 litres each of premium Safari cooking oil valued Sh1,555,200 million.

They denied the charge before Nairobi Senior Principal Magistrate Martha Mutuku.

They were released on a cash bail of Sh300,000 and a bond of Sh2 million pending hearing and determination of the criminal case.

Proceedings resume September 3.

Nairobi Times

NO ELECTIONS TILL WE LISTEN TO GOVERNOR ALFRED MUTUA’S APPEAL, APEX COURT WARNS IEBC.

SACKING COUNTY OFFICIALS WAS THE RIGHT ACTION TO TAKE, COURT UPHOLDS GOVERNOR SONKO DECISION.

MP ARAMA FREED ON A CASH BAIL OF 1 MILLION.

COURT COULD OVERTURN PLASTIC BAN DIRECTIVE.

MP ARAMA TO SPEND ANOTHER NIGHT IN POLICE CUSTODY, TO KNOW FATE TOMORROW.

NYS SUSPECTS LAWYERS PROTEST NEW BAIL CONDITIONS BY DPP.

DO NOT DEMOLISH THESE HOUSES, COURT ORDERS STATE.

CHASE BANK DIRECTORS RELIEVED AFTER COURT REDUCES BAIL TO SH500, 000.

NYS SUSPECTS RELEASED.

DEALERS OF ALLEGED CONTRABAND SUGAR AND COOKING OIL RELEASED BY COURT.

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