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

June 25, 2018

NairobiTimez — Nakuru West Member of Parliament Samuel Otara Arama and lawyer Kennedy Begi Onkoba before Nairobi Anti-corruption court where they pleaded not guilty to seven counts on Monday June 25,2018/PHOTO BY S.A.N.

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

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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.

EIGHT ACCUSED OF STEALING HALF A BILLION FROM KQ FAIL TO TAKE PLEA.

By Nairobi Times -

June 18, 2018

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BY SAM ALFAN.

A Nairobi Court has differed plea taking for eight people accused of selling property belonging to Kenya Airways at over half a billion shillings.

They were released on a cash bail of 300,000 and a bond of 2 million pending plea taking.

“I order the accused to be released on a bond of Sh 2 million or a cash bail of Sh 300,000 and direct the prosecution to present an amended charge sheet on June 21,”ordered Mutuku.

The magistrate issued warrant of arrest against their other accused persons Deeraj Vaghela Baghel,Dutta Binay Kumar, Grace Wamuyu Mathenge, Jane Wanjiru Kiboi and Elias Kyalo Ngao for failing to appear in court for plea taking.

Prosecution was further ordered to verify a high court order that was presented in court by one of the accused persons namely Hassan Ahmed Haffidh stopping the DPP from prosecuting him over the same matter.

The eight former employees of Kenya Airways and bank officials are charged with conspiracy to steal over 521 million shillings property of Kenya Airways

According to the charge sheet , Hassan Ahmed Haffidh, Elijah Itegi Githinji, Deeraj Vaghela Baghel, Dutta Binay Kumar, Grace Wamuyu Mathenge, Jane Wanjiru Kiboi, Jackson Kiruthi Njiiri and Elias Kyalo are said to have committed the offence between January 1 2013 and December 30 2015.

They face another count of money laundering.

It is alleged that between January 1 2013 and December 30 2015 at Dubai Bank in Nairobi, jointly with others not before court engaged on a fraudulent cash transaction which led KQ to a lose a total of Sh521,933,870.

Out of the eight accused persons only Elijah Itegi and Jackson Kiruthi were arraigned in court this afternoon.

However, they did not pleaded to the charges.

Elijah Itegi Githinji and Hassan Ahmed Haffidh face two other counts of stealing Sh16 million the property of the KQ.

They appeared before Nairobi senior principle magistrate Stella Mutuku.

They were released on a cash bail of 300,000 and a bond of 2 million.

proceedings resume.

THREE MORE IN COURT OVER ILLEGAL SUGAR.

By Nairobi Times -

June 15, 2018

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BY NT CORRESPONDENT.

Three more suspects have been arraigned in court over allegations of being in possession of sugar unfit for human consumption.

Simon Gichivu Maria, Leah Njeri Njiru and Douglas Kuria Njiru appeared before Senior Resident Magistrate Christine Njagi where police sought 21 days to continue holding the suspects as they complete investigations.

The trio were arrested on 13th June 2018 and booked at Muthaiga and Parklands police stations respectively and are believed to be the directors of Paleah stores where the sugar was recovered.

However, through their lawyers, the court heard that the second respondent Leah Njeri Njiru, was the director of Paleah stores and had been granted anticipatory bail by the High Court and therefore her continued detention will be in violation of the order of the High Court.

The prosecution confirmed to the court the same and asked the court to release the other two respondents since they were not the directors of the said store.

Simon Gichivu Maria, Leah Njeri Njiru and Douglas Kuria Njiru appeared before Senior Resident Magistrate Christine Njagi.

The Magistrate therefore made an order that the three respondents be released unconditionally.

According to the Investigating officer, the investigations were brought about by intelligence reports that the respondents were repackaging sugar from its original packing and the same was confirmed by the police on patrol.

The court further heard that investigations in the matter are expected to be carried out by different agencies including counterfeit agency, KRA, Kenya Ports Authority, KEBs, government chemist and office of the Director of public prosecutions adding that these agencies require time for sampling and conducting analysis on the unfit for human consumption sugar.

”Considering the facts that the respondents are suspected are suspected to have supplied the sugar, it is necessary to carry out investigations to the suspected supplied markets all over the country, which requires a lot of time,” the Investigating officer told court.
The police further added that preliminary investigations have revealed that the investigation team requires furthering its investigations to the port of Mombasa to authenticate the provided import documents and also visit the local sugar companies in the country whose packaging bags were found being used by the respondents for collecting samples and statement recording.

“This is a matter of public interest since it touches on the health of almost all Kenyans who consume sugar,” read the affidavit.

BUSINESSMAN BUZEKI PROPERTY TO BE AUCTIONED TO PAY 105 MILLION DEBT.

By Nairobi Times -

June 14, 2018

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BY SAM ALFAN.

High Court Judge Mbogholi Msagha has dismissed an application by Buzeki Enterprises Ltd, associated with the businessman, seeking to stop execution of warrants of attachments secured by Moran Auctioneers Ltd on March 15 to enforce the judgment against the firm on May 12, 2017.

“I uphold the move by the plaintiff to proceed with the execution of the consent order , which is valid and binding on the both parties. The defendant’s application dated 22 March ,2018 is hereby dismissed with costs to the plaintiff” ruled Justice Mbogholi.

The application dated 22 of March , 2018 was dismissed with cost to the plaintiff.

According to the court documents seen by Nairobitimez.co.ke, the consent was recorded by both lawyers on 30 of November, 2017 as follows,

The decretal principal sum is hereby varied to Kshs. 105,000,000/= to be paid on or before 28.2.2018.
The costs of Kshs. 1,146,200/= to be paid on or before 31.12.2017.
Interest to be calculated at bank rates on Kshs. 95,500,000/=.

The Judge said Buzeki Enterprises had defaulted on the mutual agreement by the warring parties recorded by the court on November 30, last year, requiring the company to settle its debt by February 28.

“The process of execution cannot be faulted in the circumstances of this case. I uphold the move by Landmark Port Conveyors Ltd to proceed with the consent order, which is valid and binding on both parties,” Justice Mbogholi said.

“In this case, there was the principal sum and costs to be paid on a specific date. Buzeki Enterprises has not met those timelines clearly in breach of that consent. In my view, it is clear that in any judgment or consent order, where there is a breach, the next step by the aggrieved party is execution,” Justice Mbogholi pointed out.

The politician’s haulage firm had entered into a sale agreement with Landmark Port Conveyors on August 7, 2015, to purchase two pieces of prime land worth Sh340million in Mombasa County. The Sh105million had been obtained through a bank facility after the aggrieved company had transferred to Buzeki’s bank account Sh91million and a further Sh5million in cash.

Landmark Port Conveyors had paid a further Sh5million to Buzeki’s bank account on November 13, 2015. Buzeki was expected to discharge the mortgage accrued on one of the properties upon receipt of the deposit and balance of the purchase price but he defaulted.

However, the decision was stayed after Buzeki company lawyer told the court that, they will be paying 3 million per month.

GO BACK TO WORK CHILOBA, COURT RULES IN HIS FAVOUR.

By Nairobi Times -

June 14, 2018

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NairobiTIMEZ.COM — Independent Electoral and Boundaries Commission(IEBC) Chief Electoral Officer (CEO) Ezra Chiloba before Justice George Odunga on July 3,2017/PHOTO BY S.A.N.

BY SAM ALFAN.

The Employment and Labour relations court has ruled that embattled IEBC CEO Mr Ezra Chiloba should resume work immediately.

This is pending the hearing and determination of a case in which Chiloba is challenging electoral commission chair Wafula Chebukati’s decision to send him on compulsory leave.

Justice Stephen Radido said the decision to send Mr Chiloba on leave pending an audit was illegal.

The decision is not in public interest and is against Chiloba’s contractual obligations, the court said.

He further alluded that IEBC must uphold the highest standards in its operations.

Chairman Wafula Chebukati suspended Chiloba for three months to create room for an audit of procurement activities by the commission.

Chiloba told the court that the chairman has been spoiling for his removal from the commission and wants to link him to improper procurement in five tenders in connection with last year’s

Through his lawyer Andrew Wandabwa, Chiloba, believes that it is because of his differences with Mr Chebukati that he is being victimised.

Nairobi Times

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.

EIGHT ACCUSED OF STEALING HALF A BILLION FROM KQ FAIL TO TAKE PLEA.

THREE MORE IN COURT OVER ILLEGAL SUGAR.

BUSINESSMAN BUZEKI PROPERTY TO BE AUCTIONED TO PAY 105 MILLION DEBT.

GO BACK TO WORK CHILOBA, COURT RULES IN HIS FAVOUR.

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