Blog Page 293

POWERFUL MINISTER MBIYU KOINANGE’S FAMILY ASK COURT TO DISINHERIT TWO OF THEIR MOTHERS.

0
The late former Cabinet Mbiyu koinange widow Mrs Margaret Njeri Mbiyu (left) with her lawyer Beatrice Kariuki leaving Milimani law courts after high court allowed them appeal against the judgment on Friday October 30, 2015.

BY SAM ALFAN.

The battle for control of multi-billion shilling properties of former powerful minister Mbiyu Koinange could be headed to the Supreme Court.

This is following a move by some of the beneficiaries challenging the inclusion of two wives in the distribution of the late minister’s vast estate.

Mr David Njunu, one of the administrators of the estate, went back to the Court of Appeal, seeking permission to move to the Supreme Court to challenge the inclusion of Margaret Njeri and Eddah Mbiyu as beneficiaries of the estate.

The Court of Appeal last year directed the case to be taken back to the High Court for distribution of the vast estate.

Justices Philip Waki, Asike Makhandia and Kathurima M’Inoti cancelled an earlier distribution of the assets by Justice William Musyoka, saying he had not recognised two women as widows of Mr Koinange.

On October 30, 2015,  Justice William Musyoka given temporary of execution of the judgment for a period of 30 days to enable Margrate Njeri and Edda Wanjiru to challenged judgment that kick the out of Koinange family.

The battle of the vast estate of later former powerful cabinet minister which has lasted for over 25 years in court came to an end last month when the court made final judgment.

Justice Musyoka made several declarations which included the appointment of new estate administrators to manage estate.

The judge said that David Njunu Mbiyu Koinange and David Waiganjo Koinange wil be the administrators of the estate, the judge revoked former administrators.

He said the new administrators should urgent steps to recover the assets held illegal by the members of the family.

Justice Musyoka, said property LR No 3561/2 and the Oceanic hotel and land which changed hand in unclear circumstance which be among the assets to be recovered by the administrators.

They also claim that she did not have any child with the Mr Koinange, while Eddah is said to have been an assistant to the former Minister and cohabited with him briefly but never had a child with Mr Koinange.

Through his lawyer, Mr Njunu wants the apex court to define who is a wife and what constitutes marriage.

The Court of Appeal judges will rule on the matter on April 27.

The late powerful minister died intestate on September 3 1981without a will. He was polygamous.
Administration of his estate has been committed to various persons over the years, but the current administrators are Mr David Njunu Koinange, David Waiganjo Koinange, Margaret and Eddah.

In an affidavit filed in court, Mr David Mbiyu Kionange, a co-administrator of the estate said Mr Kionage’s personal and household effects and the residue of the net intestate should be divided among the house according to the number of children in each house adding any surviving spouse as an additional unit to the number of children.

He further proposes that what Mr Koinange had during his lifetime paid or given any property to his beneficiary, that property should be taken into account in determining the share of the net intestate to be allotted to the child, grandchild or house.

The Court of Appeal heard that the family of Koinange is made up of four houses, the house of Loise Njeri Mbiyu (dead), who had five units, the house of Ruth Damaries Wambui Mbiyu with five units, the house of Margaret Njeri Mbiyu with one unit and the house of Eddah Wanjiru Mibiyu (one beneficiary).

David has also proposed that the estate should accordingly be distributed among the beneficiaries according to the number of units in each household.

Thereafter, he said, the distribution should be done equitably and not equally because the circumstances with each individual are vastly different.

“For example, a grandchild should not inherit the same portion as a child of the late Koinange due to proximity of the relationship,” he has proposed.

Among the properties to be shared out are shares at Koinange Investments and Development limited, shares at Koira ltd, Kenyattu Trading company ltd, Limuru Dairy ltd, and shares at Centum, among others.

David has also proposed that Eddah and Margaret to hold life interest in the property the court may distribute to them as they did not acquire any property with the late Koinange and they did not have any children with the deceased.

Other properties to be distributed are 4,292 acres of Muthera Farm, 640 acres Ehothia farm (both of which are in Mau Narok- Nakuru county), Thimbigua farm (96 acres), Closeburn Estate (commercial plots- 10 acres), Closeburn Estate (farm– 176 acres), Ikinu farm (11 acres), Thimbigwa plot, Banana Hill plot, among others.

MULUKA TEMPORARY RETAINS ANC PARTY SG SEAT.

0
Amani National Congress Secretary General and Political commentator Barrack Muluka before Political Parties Tribunal on Thursday April 12,2018/PHOTO BY S.A.N.

BY SAM ALFAN.

High court has temporary suspended Political Party Tribunal decision that nullified Political commentator Barrack Muluka’s appointment as the Amani National Congress Secretary General.

Lady Justice Lucy Njuguna temporary stayed the Political parties tribunal decision after Muluka together with the party -ANC moved to high court this morning to appeal yesterday’s decision that ruled that Barrack Muluka was illegally appointed as the secretary general of the party.

In an application filed under urgency through lawyer Dan Ameyo,ANC leader Musalia Mudavadi ,Kelvin Lunani, Margaret Ndanyi and Barack Muluka argued that ANC members Angela Gathoni,

Ibrahim  Memba and nominated Member of Parliament Godfrey Osotsi brought the case prematurely before the tribunal not having exhausted the internal dispute resolution mechanisms prescribed by section 40 (2) of the political parties act of 2011.

Through lawyer Dan Ameyo, Mudavadi, Kelvin Lunani, Margaret Ndanyi and Barack Muluka wants court to grant interim order of stay of execution of the orders of the PPDT pending hearing of the application.

n the application, Mudavadi claims that ANC members Angela Gathoni, Ibrahim  Memba and nominated MP Godfrey Osotsi brought the case

prematurely before the tribunal not having exhausted the internal dispute resolution mechanisms prescribed by section 40 (2) of the political parties act of 2011.

He says they raised preliminary objection against the premature institution of the petition before the tribunal but it was dismissed by the Tribunal stating that technicalities mattered not in its proceedings.

They accused the Tribunal for dismissing their preliminary objection and went ahead to entertain the matter contrary to the provisions of the law.

“The tribunal was furnished with sufficient evidence that former secretary general to the party voluntarily resigned from office on the predicate that resignation would be effective on the date of his nomination to parliament and due procedure was followed in the appointment of the current party SG to office”, Ameyo says in the documents.

They allege that the tribunal determined the case in favour of the respondents utterly disregarding their overwhelming evidence.

Ameyo says as a consequence of one sided decision of the tribunal, they are likely to suffer grave injustice if the court does not intervene.

The Political Parties Tribunal yesterday decided that nominated MP Godfrey Osotsi is still the Secretary General of Amani National Congress dealing a blow to party leader Musalia Mudavadi.

Mudavadi handpicked Mr Muluka in a decision that sent shivers within the party’s ranks.

In a ruling, the tribunal said the purported removal of Mr Osotsi and subsequent replacement with Barack Muluka was irregular and unlawful.

The members led by Chairman Kyalo Mbobu, Hassan Abdi and Ms Desma Nungo, however, rejected a plea to bar Mr Muluka from contesting the position once the elections are called.

The Tribunal further rejected the claim that Mr Muluka did not meet the qualification for the appointment of the party S-G.

They ruled that Mr Osotsi, who had been replaced on October 12, last year, through a special National Executive Council, was still the party secretary general, until ANC holds elections, in strict compliance with the party constitution.

BARRACK MULUKA THROWN OUT OF MUDAVADI PARTY LEADERSHIP.

0
Nominated MP Godfrey Osotsi Secretary General of Amani National Congress speaking after the tribunal ruling.

BY NT CORRESPONDENT.

Political commentator Barrack Muluka is not the Mudavadi party Secretary General, parties tribunal has ruled.

The Political Parties Tribunal decided that nominated MP Godfrey Osotsi is still the Secretary General of Amani National Congress dealing a blow to party leader Musalia Mudavadi.

Mudavadi handpicked Mr Muluka in a decision that sent shivers within the party’s ranks.

In a ruling, the tribunal said the purported removal of Mr Osotsi and subsequent replacement with Barack Muluka was irregular and unlawful.

The members led by Chairman Kyalo Mbobu, Hassan Abdi and Ms Desma Nungo, however, rejected a plea to bar Mr Muluka from contesting the position once the elections are called.

The Tribunal further rejected the claim that Mr Muluka did not meet the qualification for the appointment of the party S-G.

They ruled that Mr Osotsi, who had been replaced on October 12, last year, through a special National Executive Council, was still the party secretary general, until ANC holds elections, in strict compliance with the party constitution.

According to the Tribunal, the office of the S-G was a substantive national office and the appointment of Mr Muluka was not sensitive to the party members’ legitimate expectation to participate in the decision making.

They added that the purported removal contravened several Articles of party’s constitution.

“Looking at the circumstances if the case, we are of the considered view that there was a deliberate move on the part of the respondents to conceal the real intention of the meeting contrary to the party’s guiding principles and core values as enshrined in Article 8 of the party constitution. We accordingly find that the notice was defective and deceptive,” the Tribunal ruled.

A special NEC was called on October 12, to allegedly receive party updates. It later turned out that the meeting was to replace Mr Osotsi. Ms Angela Gathoni and Ibrahim Memba.

NAIROBI COUNTY STAFFER CHARGED WITH SH 5MILLION FRAUD AGAINST POTENTIAL INVESTOR FOR DANDORA DUMPING SITE.

0
Samwel Aluda Essendi charged with obtaining 5 million from a investor before a Nairobi Court on Thursday April 12,2018/PHOTO BY S.A.N.

BY SAM ALFAN.

Nairobi Governor Mike Sonko has disowned conmen and fraudsters who have been unlawfully obtaining millions of shillings from unsuspecting investors and businessmen.

Several suspects have been arrested and prosecuted with obtaining money with false pretences.

Today another County Government staff has been charged with obtaining 5 million from a potential Dandora dumping site investor.

Samwel Aluda Essendi is accused on diverse dates January, 2017 and February ,2018 in Nairobi with others before court with intent to defraud obtained from Joshua Wambua Kyondu of Global Green Link Energy (A) Limited Kshs. 5,000,000 by falsely pretending to be in position to assist him get a license from Nairobi County Government to invest in production of energy on Solid Waste to energy Project at Dandora dumping site a fact he knew to be force.

He pleaded not guilty before the Nairobi Chief Magistrate Francis Andayi .

He was released on a cash bail of 1 million and a bond of 2 million.

In a public notice , Nairobi Governor Mike Sonko informed the public that there are some individuals soliciting for bribes and coning the public through digital platforms and other communication channels.

“Nairobi County Government wishes to state that soliciting and receiving bribes are criminal offences punishable by law. Any person masquerading as Nairobi County employee or associating the county Government or the governor with such criminal intentions or acts should be apprehended and prosecuted” said Governor Sonko through the public notice.

He further advised embassies and mission to advise potential investors to be extra cautious. “Investors wishing to engage with county government should contact and deal only with authorized and bona fide members of county government upon proper identification”.

Several conmen ,county officials and fraudsters has been charged before various Nairobi court.

In Monday, four Nairobi county government officials charged with fraud.

They have been charged with obtaining more than 1.6 million from association member’s.

John Monyoncho ,Salim Odhiambo Rakula and Anthony Kirubi Njoroge and Francis Kilonzo Nzuki are accused on 8 of March ,2018 at unknown place jointly with others not before court by deceit and fraudulently means conspired to defraud Nairobi County Government 1.064.000 million by falsely  pretending to be in a position to assist Eastleigh Bar Owners Association  to obtain liquor license from liquor licensing board Nairobi County Government.

Salim Odhiambo Rakula and Anthony Kirubi Njoroge and Francis Kilonzo Nzuki before a Nairobi Court on Tuesday April 10,2018/PHOTO BY S.A.N.
Salim Odhiambo Rakula and Anthony Kirubi Njoroge and Francis Kilonzo Nzuki before a Nairobi Court on Tuesday April 10,2018/PHOTO BY S.A.N.

Nairobi Chief Magistrate issued arrest warrant against the first accused person who failed to appear in court to face the criminal charges.

Prosecution accused the  three employees of Nairobi County government of obtaining Kshs. 790,000  by falsely pretending they are in position to assist the said Eastleigh Bar Owners Association to get liquor license.

Other two were charged yesterday with forging Nairobi County Assembly VIP parking receipts and were released on a cash bail of 100,000.

Hearing next month.

KAREN CASE FLOPS OVER LACK OF WITNESSES.

0
City lawyer Guy Spencer Elms at Milimani Law Court.

BY NT BUSINESS CORRESPONDENT.

A Sh500 million land dispute involving a city businessman and a lawyer failed to kick off after the witnesses failed to turn up in court in court today.

Justice John Onyego adjourned the matter and directed the case to be heard on May 21 after two officials from the office of registrar of companies failed to turn up following summons to appear and establish authetification of alleged forged documents by lawyer Spencer.

Their lawyers claimed one of them was unwell and another was in a training Justice Onyego had ordered the officials to appear in court after the

forensic examiner testified without using original copies of the signatures in the copies.
The judge wanted to hear from the officials from the companies to verify.

Thomas Mutaha who claims to own the upper hill land alleges that Spencer forged signatures and executed a will of the late Roger Robson who died in 2012.

Mutaha says he is the director of Plovers Haunt limited where the upper bill land is located.
While testifying before court last month, Mutaha said he was given for free all shares in the Plovers Haunt Company.

He confirmed that he never paid for any stamp duty in respect of the share transfers.
According to his statement in court, he signed the share transfers and gave them to the deceased Roger to effect the transfer of the land in his name in 2010.

However Guy Spencer also claims that the proposed Nairobi deputy Governor Agnes Kagure grabbed a property in Karen claiming that she paid Sh100 million cash for the land.
He says he was an advocate for the late Roger since March 1997 and Roger had signed his last Will the same year.

“Roger gave me a power of Attorney on January 2010 which was stamped and registered and at his death he still owned the properties and they were still mortgaged to Habib bank limited”, Spencer says.

During the last hearing Chief inspector Susan Wanjiru who was a forensic examiner confirmed that she had been an examiner for only 6 years. She went through and stated each document that she had been asked to examine and claimed all documents produced for examination had forged
signatures.

She however conflicted herself with another document examiner that had provided a report to the Nairobi CID which contradicts hers but she said she would not comment on it.

Wanjiru also confirmed that she only had photocopies to work with and did not have the original for any of the documents how can she produce a credible report She confirmed that she did not mark up the documents but was done for her and made it clear that she had not contacted the organization or firms or people that prepared the documents in question as she said that was not her job.

MATHARE MP ANTHONY OLUOCH ACCUSED OF FRAUD.

0
Mathare North Member of Parliament Anthony Oluoch at Milimani Law Court./FILE PHOTO

BY SAM ALFAN.

Mathare North Member of Parliament Anthony Oluoch has been sued for “exorbitance.”

It is alleged that he has been charging a client unfair legal representation fees charges.

Adrian Sanita is disputing legal costs that Mr Oluoch has been charging him accusing him of fraud.

He wants the court to scrutinize discharge vouchers which were used by the advocate in paying his dues which arose from compensation by his former employer after the court found that he and others were retrenched unfairly.

According to Sanita, his former employer Telkom Kenya Limited, paid that money to Mr Oluoch bank account and was to being disbursed to various individuals.

The payments, he said varied highly from one individual to another who were all at the same level of employment.

Sanita says that Mr Oluoch deducted 30% of advocate fees, and tax from the compensation whereas there was a legal notice exempting taxes from the compensation money.

It is also alleged that the advocate also deducted money for auctioneers and “we don’t know at what point they instructed the auctioneers and the business
they were meant to perform.”

Sanita wants the court to set aside consent entered with the advocate Oluoch saying it is fraudulent as it bares forged signatures.

“It is unfair for one to work for so long
and fight court battles longer then an advocate gets half of the money,” they said.

In response, Mr Oluoch maintains that there was a valid consent which was duly signed by all the clients he represented in the matter.

He also says that payments were effected and discharge vouchers were signed by clients that they received payments and were explained to how deductions were done including advocate fees.

Justice Byram Ongaya of employment and labor relations court will make a ruling on 27th April 2018 whether the said consent is fraudulent or
not to set a ground for the case to proceed.

FOUR NAIROBI COUNTY GOVERNMENT OFFICIALS CHARGED WITH 1.6 MILLION FRAUD.

0
Salim Odhiambo Rakula and Anthony Kirubi Njoroge and Francis Kilonzo Nzuki before a Nairobi Court on Tuesday April 10,2018/PHOTO BY S.A.N.

BY NT REPORTER.

Four Nairobi county government officials charged with fraud.

They have been charged with obtaining more than 1.6 million from association member’s.

John Monyoncho ,Salim Odhiambo Rakula and Anthony Kirubi Njoroge and Francis Kilonzo Nzuki are accused on 8 of March ,2018 at unknown place jointly with others not before court by deceit and fraudulently means conspired to defraud Nairobi County Government 1.064.000 million by falsely  pretending to be in a position to assist Eastleigh Bar Owners Association  to obtain liquor license from liquor licensing board Nairobi County Government.

Nairobi Chief Magistrate issued arrest warrant against the first accused person who failed to appear in court to face the criminal charges.

Prosecution accused the  three employees of Nairobi County government of obtaining Kshs. 790,000  by falsely pretending they are in position to assist the said Eastleigh Bar Owners Association to get liquor license.

John Monyoncho ,Salim Odhiambo Rakula and Anthony Kirubi Njoroge and Francis Kilonzo Nzuki are accused on the 18 of March,2018 at Garden Square Nairobi  jointly with others before court obtained 50,000 from Eastleigh Bar Association to assist the said Eastleigh Bar Owners Association to get  a liquor from the Licensing Board Nairobi City County Government.

John Monyoncho is accused on 21 of March ,2018 at unknown place with intent to defraud and without lawful authority forged a certain documents namely liquor license LID Number 08141 for ocean Bar and Restaurant dated 21 of March ,2018 purporting to be genuine.

He is accused on the same date this year at unknown place forged liquor license LID Number 08125 for New SHI Bar and Restaurant dated 21 of March ,2018 purporting it to be a genuine and valid liquor license issued by Nairobi County Government.

They pleaded not guilty to all nine charge’s. They were released on a cash bail of 30,000 and a bond of 100,000.

The hearing of the criminal charge’s will be heard on May.

They had been employees of Nairobi County government for three month’s before they were nabbed in the act.

BABU OWINO APPREHENSIVE BY DECISION THAT ANNULLED HIS ELECTION.

0
Embakasi East Member of Parliament Paul Ongili alias Babu Owino

BY SAM ALFAN.

Embakasi East Member of Parliament Babu Owino is skeptic about going back to the ballot, he wants a high court decision sending him back to voters overturned.

Babu moved to the Court of Appeal seeking orders to have the decision delivered on March 2, 2018 annulling his election victory vacated or set aside.

Babu could be the first political casualty following a fallout in the NASA coalition.

In an application filed by lawyer Jackson Awele, he is seeking that the Appeal be allowed.

He also wants the decision nullifying his election be substituted with an order dismissing Election Petition number 8 of 2017 with costs.

“We pray that the Court be pleased to declare that the Hon. Owino Paul Ongili Babu was duly elected as the Member of the National Assembly, Embakasi East Constituency in accordance with the Constitution and the Elections Act”, Awele.

Owino says he was not satisfied with the decision by Justice Sergon as he erred in law in nullifying the election without sufficient evidence.

BABU OWINO DESCRIBES OPPONENT AS ONE WHO ‘COLLAPSES’.

He avers that the Judge ignored relevant and binding legal standards for the evaluation of evidence in election petitions and in so doing ascribed excessive weight to irrelevant and/or otherwise weak evidence hence reaching a wrong decision.

“The Learned Judge made a fundamental error of law in ascribing excessive or weight to the uncorroborated evidence of the Petitioner’s witnesses or to evidence whose veracity was questionable in material respects,” he says in documents filed at the court.

The Learned Judge erred in law in his finding that the results of the election were not verifiable on the basis of a sample of administrative errors in only 2 out of 208 polling stations in Embakasi East Constituency.

He further states that Justice Sergon failed to holistically apply the general principles of Kenya’s electoral system in determining the Election Petition and thereby made a decision that effectively undermined and violated the popular will of a majority the people of Embakasi East Constituency as expressed through the ballot.

“The Judge erred in basing his findings of coercion and intimidation solely on the uncorroborated allegations of Nicholas Buttuk (the Returning officer), without a proper evaluation of the applicable law to determine whether the returning officer’s assertions amounted to coercion and in fact the same was expressly attributed to Owino’s agents and supporters by the relevant presiding officer,” they said.

Babu also accused the judge for basing his decision on “trivial arithmetic errors that the recount exercise reconciled and which did not materially affect the outcome of the election.”

MAN WHO DARED STEAL FROM SPEAKER JUSTIN MUTURI AND MPS DETAINED.

0
Waziri Benson Masubo alias Waziri Chacha before a Nairobi Court.

BY NT REPORTER.

Chacha swindled even the Speaker of the national assembly, he will remain in custody for investigations to be completed.

The court ruled that he be detained for four days for police to carry out further investigations.

Nairobi Court ordered the suspect be taken to the Mathare Mental Hospital for evaluation and the report be presented before the court.

This was after Chacha’s lawyer Job Ngeresa told the court that the respondent has seeking treatment for mental illness. He further told the learned magistrate that Chacha was arrested in Tanzania where he had gone to seek for treatment at Mwambiri hospital in Mwanza ,Tanzania.

Benson Masubo alias Chacha, who is said to have used personal details of female MPs to extort them, appeared before Resident Magistrate Christine Njagi on Tuesday.

Investigating officer John Kiprop had asked for a seven-day detention period noting they were yet to record statements by witnesses.

Kiprop added the suspect would likely escape if released.

Chacha was arrested on March 30 at Tarime in Tanzania while trying to escape to the Democratic Republic of Congo.

“He has no fixed abode and if released on police bail, he is likely to interfere with investigations,” Mr Kiprop told the court.

The Magistrate ordered that the suspect be held for four days and undergo a mental checks.

The suspect, whose trickery caused an uproar in Parliament after MPs sought intervention, is facing charges related to conspiracy to commit fraud.

Murang’a Woman Representative Sabina Chege complained about the issue prompting a debate in the August House.

TRADER CHALLENGES BAN ON LOGGING.

0
A man cutting tree's at Mt Kenya forests

A businessman has filed a case in court challenging the decision to ban in logging and timber harvesting in public forests saying that it is unreasonable, discriminatory and made in bad faith.

In a petition, Daniel Kariuki Muthee says that on the 25th of February Kenya Forest Service denied him permit to transport 26 tons of Blue Gum Timbers from Elgeyo to Mombasa having lawfully bought the said timber from Toropket Sawmill on the 23rd day of February 2018.

He adds that the Kenya Forest Service in accordance to the temporary ban on logging issued on 24th February 2018 by the Government, denied him permit to transport the timber despite him

He says that he has used 650,000 shillings and denying him the transport permit will lead to a total loss since the timber will lose their market and value.

According to the court documents the applicant says that under section 8(c) of the Forest Conservation and Management Act, KFS has the mandate to receive and consider application for permits in relation to forest resources. He says that he followed all the requirement in his application for permit yet he was denied.

“The applicant has a legitimate and rightful expectation that the Forest Conservation and Management Act should be applied uniformly and with due regard to equality of treatment “reads the court documents.

In February this year the government with immediate effect imposed a moratorium on timber harvesting in all public and community forests for a period of 90 days to allow reassessment and rationalization of the entire forest sector in Kenya.

Hearing to proceed 5 of April for further directions.