Father William Charles Fyrda before a Nairobi Court on Tuesday May 15,2018
BY NT CORRESPONDENT.
Father William Charles Fyrda, an American missionary at the centre of St Mary’s Mission Hospital ownership row has been charged.
It is alleged that he committed fraud and forgeries.
It is alleged that he fraudulently changed the hospital bank account signatories at Prime bank in September, 2013.
The Catholic priest was also charged with uttering a false document where he allegedly changed the hospital’s signatories of the catholic run medical institution.
He denied the charges and was freed on a bond of Sh500, 000 or a cash bail of Sh200, 000.
Dr Fryda is accused of forging a letter for change of signatories of the hospital’s account domiciled at the Prime Bank ,Riverside branch purporting it to have been issued by the mission hospital.
He is also accused of fraudulently writing to the Bank’s manager Jane Chiffalu requesting for a change of signatories purporting it to be from St Mary’s, a fact he knew to be false.
Dr Fryda is a key player in the five-year ownership dispute pitting top catholic priests and a group of nuns over the control of the Sh3 billion St Mary’s Mission Hospital that serves thousands of poor patients in Nairobi and Elementaita.
The Assumption Sisters of Nairobi – who are trustees of the land on which the hospital sits – and an American priest, Father William Fryda, who founded the hospital in the 1950s are fighting for control of the facilty.
Also included in the tussle is a similar hospital in Nakuru County, which the court declared belongs to the nuns.
The battle for the control of the hospital turned ugly in December last year when a group of armed youth stormed the Langata brach administration block, reception, general ward and laboratory and told staff to leave, saying that new doctors had been brought in.
Former government pathologist Moses Njue Gachoki before a Nairobi Court on Tuesday May 15,2018.
BY NT CRIME CORRESPONDENT.
A former government pathologist has been charged with stealing the heart of a deceased man.
Moses Njue Gachoki was charged with stealing a heart at Lee Funeral Home on June 25 2015.
The prosecutor alleges that during a postmortem inquiry of Timothy Mwandi Muumba, deceased he stole his heart that came in to his possession as the pathologist.
He faces a second count of destroying evidence.
It is alleged that between June 25 2015 and September 21 2015 at Lee Funeral Home during the said exercise, he destroyed the heart of the said deceased after stealing it knowing that it might be used as evidence in judicial proceedings.
He is also accused of illegally removing a body part (Heart) belonging to Timothy Mwandi Muumba.
Gachoki is charged alongside his son who is his assistant Pathologist Lemuel Anasha Mureithi Njue who has been summoned to appear in court.
Nairobi Chief Magistrate Francis Andayi released him on a cash of 300,000 and bond of Sh1 million.
Directors of Diamond Trust Bank Lee Jong Chan and Joseph Kihara Muraya before a Nairobi Court.
BY NT CRIME REPORTER.
Two top branch directors of Diamond Trust Bank have been charged before a Nairobi with stealing.
Lee Jong Chan and Joseph Kihara Muraya are accused between 8 February 2016 and 4 December 2017 at Diamond Trust Bank Thika Road Mall branch in Nairobi , jointly with other’s not before court with intent to to defraud the directors of Daehan Pharmaceuticals Limited Kshs 105 ,428,850,10 million the property of Daehan Pharmaceuticals Limited which came into their possession by virtue of their employment.
The Korean Lee Jong Chan is accused of forging the signature of Sun Pil Lim purporting it to be the genuine signature of the said Sun Pil Lim.
Prosecution alleges the two directors on diverse date between February to and December this year at Diamond Trust Bank Thika road Mall branch in Nairobi jointly with others not before court with intent to defraud Sun Pil Lim 56.2 million the property of Sun Pil Lim.
The accused are also facing other two charge’s of stealing from Sun Pil Lim and Daehan Pharmaceuticals Limited company’s.
They pleaded not guilty before Nairobi Senior Principal Magistrate Martha Mutuku.
They were released on a cash bail of 3 million.
The matter was reported and investigated by detective from Kasarani police station.
Two people and Sun Pil Lim company listed as prosecution witness. By the time of this publication director Joseph Kihara Muraya had deposited property of worth 10 million as a bond term to secure his freedom. Mr Lee is still in custody.
The criminal matter was fixed for mention next week.
Three IEBC Commissioner's Dr Paul Kurgat, Margaret Mwachanya (center) and Consolata Nkatha Maina who resigned as the electoral body commissioners.
BY SAM ALFAN.
Former IEBC commissioners have accused Chairman Wafula Chebukati of being fed and acting from grapevine.
Consolata Nkatha Maina, Margaret Mwachanya and Dr Paul Kurgat held that the chairman also ordered the withdrawal of their security, demanded the return of all the commission’s assets and immediate stop of their pays.
Replying to a case filed by activist Okiya Omtata seeking to have the court compel them to resign formally, the three claim that chairman Chebukati acted in haste and even wrote to treasury asking that their salaries be stopped and benefits be withdrawn.
They also dismissed allegations by Chebukati that they have not tendered their resignation letters saying that that they formally tendered their resignation letters to the President dated April 16 2018 as required and stipulated in the constitution.
They argue that they resigned from the commission as commissioners but their resignation is yet to be officially communicated and no vacancy has been declared. They say that the resignation of an I.E.B.C commissioner is regulated by the constitution and the I.E.B.C act which lays out the procedure of resignation of a commissioner’s and that the same cannot be inferred from the grapevine.
“It is a legal process with milestone that gives effect to the resignation. The last of that milestone is a notice in the Kenya Gazette,”they argue.
While asking the court to dismiss the case filed against them in court, the three argue that there’s no suggestion that the requirement for a Gazette Notice as the last step in acknowledging their resignation is itself unconstitutional.
Safaricom consumer business Manager Sylivia Mulinge.
BY SAM ALFAN.
High Court has blocked arrest and prosecution of Safaricom consumer business Manager Sylivia Mulinge who also was appointed to the position of managing director at Vodacom, Tanzania after she allegedly killed an 8 year old child on Southern bypass in a road accident.
Justice George Odunga in his ruling prohibited Director of Public Prosecution from prosecuting her for the offence of causing the death of a minor by dangerous driving. Pastor James Ngang’a of Neno evangelism center was charged with the similar offence.
In a judgement read on his behalf by Justice John Mativo, Judge Odunga further ordered that Mulinge should not be charged at the Kibera law courts unless the police and DPP have satisfactory evidence that the circumstances have changed to warrant a review of the initial decision not to charge her.
Sylvia moved to court last year October seeking to stop her arrest and prosecution before the Kibera Court.
“An order prohibiting DPP and IG from arresting , arraigning , processing the Applicant in relation to Traffic Case No. 6843 of 2017” said Sylivia.
She also sought to block hearing and determination of the Traffic case No. 6843 of 2017 intianted against her by the charge sheet dated 13, November, 2017.
“Orders be issued prohibiting DPP and IG from taking any steps which would results cumulatively or otherwise arrest and prosecution of the applicant pursuant to the road accident which occurred on 1 February, 2015 along the Southern By pass” Sylvia said in her court documents.
She further wanted High Court to quash directive on a letter dated 19 October, 2017 purporting to re-open for the trial of Sylvia Wairimu Njuguna on a road accident which occurred on 1 of February, 2016 in a total abrogation of Sylvia right to fair administrative action.
During the time of accident, the director was assigned to a Toyota Prado which caused the accident at 11:35 a.m along the Southern By Pass as she drove from Ngong Road direction toward’s Langata Road.
Sylvia reported the accident at Langata Police station on the same day and recorded a statement relating to the accident on 2 February, 2017.
The accident killed a 8 year old girl . The matter was investigated by the police.
Two years later Mugeria , Lempaa and Kariuki moved to court seeking orders to declare refusal of police under command of Inspector General of Police to investigate and take legal action against the the Safaricom Consumer Unit Director Sylvia Wairimu Njuguna as unconstitutional and against public policy.
He further sought declaration that decision by the Langata police station to to determine the closure of the case without informing or seeking directions from the Director of Public Prosecution is inimical and contrary to the criminal justice system.
The organization further want police compelled to investigate and institute proper proceedings against the Safaricom employee.
Director of Public Prosecution to appeal another shocking decision by the judiciary.
Nairobi Governor Mike Sonko with his lawyer Harrison Kinyanjui after obtaining order's restrainng payments of 75 million to a trader over unknown services.
BY SAM ALFAN.
Nairobi businessman Kenendy Wainana Ngenga has suffered a major after high Court halted payments of Sh 75 million to a businessman from Nairobi County Government bank account based at Co-operative bank of Kenya, Nairobi.
The order by Justice Racheal Ngetich stopped the payment to the businessman until the commercial disputes is heard and determined
The county government, through lawyer Harrison Kinyanjui moved the court seeking orders to stop the execution of the interlocutory judgement entered on 10 April 2017.
The lawyer told the court that the Garnishee order issued on July 12, 2017, and extended on May 2, 2018, together with the consent order made on July 19, 2017 and filed on July 20, 2017 should be vacated and set aside accordingly.
Mr Kinyanjui said that the businessman has violated the constitution by attaching the County Government banks accounts at the Co-operative bank, Nairobi/
.He pointed out that the County Governor Mike Sonko and County Secretary only became aware of the proceedings after the Garnishee bank wrote to the Governor through letter dated May 8,2018 notifying him the attachment of the County.s bank at the Co-operative bank of Kenya, Nairobi.
“Pursuant to Article 6(2)of the constitution of Kenya, the Government is Constitutionally structured into the National and County Governments, and in the circumstances ,Nairobi City County Government insulated against execution process envisaged pursuant to Order 23 Civil Procedure Act,2010,”said Kinyanjui.
In what the governor see’s as an attempt to cripple activities of Nairobi County government, another order was issued attaching key accounts of the county government.
“That the sum of Kshs. 73,327,837,22 or any such amount held in the judgement Debtor’s account in Cooperative Bank of Kenya Limited A/C numbers 01141232396600 (Revenue account) account number 01141232396601 (operations account) and account 01141232396602 (development account) city hall branch be released to the decree order in satisfaction of the decree” state the order .
The same businessman had obtained a court on 2 of May attaching the same county government key accounts.
He added that there is need to stop execution through unlawful means as now sought to be levied against the defendant, as to do so the court will have aided the unlawful hemorrhage of public funds.
The agreement issued on May 2, 2018 will be made absolute absent and that is why we seek this Court’s intervention.
Kinyanjui said the said agreement were made out of control of the County as the counsel purporting to represent it had no such authority and it is no surprise that no defense was filed at all leading to an unlawful process.
“He said that all efforts to track and trace the said W.S Wasonga Advocate to ensure he explains the circumstances of filling a purported Memorandum of Appearance have failed, necessitating the County to appoint its advocates now on record and to seek the relief under the law, ”said Kinyanjui.
He added that the County has appointed a Committee led by Prof PLO Lumumba to scrutinize all pending bills, and if the plaintiff perceived that his bill is genuine for settlement, he is not without relief to submit it for scrutiny and settlement, he not without relief to submit it for scrutiny and settlement.
“To execute the release of that money will be oppressive to the Nairobi County Government and it will have been condemned unheard,” said Kinyanjui.
The County has a good defense and it will be good if it will be heard before judgement is entered in this suit on merit.
He added that the application is urgent as Wainaina has already secured the said garnishee execution proceedings as acknowledged by the co-operative Bank and it is imperative that the court intervenes.
It is being alleged the bank lawyer is the same lawyer acting for the businessman.
Prof Tom Ojienda making submissions before high court.
BY SAM ALFAN.
You cannot demand nearly half a billion from SC Prof Tom Ojienda, court tells KRA.
The high court also stopped Kenya Revenue Authority (KRA) from conducting an assessment of the tax and demanding over Ksh443 million as tax from Professor Ojienda.
While delivering the judgement, Justice John Mativo on behalf of Justice George Odunga gave an order of certiorari quashing the assessment conducted by KRA, its agents, employees or servants as contained in a letter dated June 7,2016.
The letter was directing Prof Ojienda to pay Sh443,631,900 owed to it from 2000-2009.
The judge also quashed the decision by KRA contained in a letter dated September 5, 2016 as an objection directed to the lawyer demanding for Sh378,682,140 owed from 2011-2016.
According to the lawyer, he maintained four accounts three of which were Barclays bank while one was with standard chartered bank.
He said that he was to receive and keep his clients’ money in the accounts as statutory obligation and he did so without delay.
He averred that as a registered tax payer, he has over the year’s been submitting his tax returns to KRA and VAT through his firm.
However KRA defended itself by claiming that they were investigating Ojienda’s March1, 2016 after receiving intelligence information that there were allegations by the senate that the Nairobi county government had procured legal services from his firm at the cost of Sh92.8million.
“We proceeded to set out the particulars of the various bank accounts which in our view, Ojienda held either personally or jointly and indicated part of the assessment”, KRA said.
Prof Ojienda however accused the tax man of subjecting his four bank accounts to taxation and violation of his fundamental right and fair administration action.
He claimed that the move was purely political, malicious, vindictive and calculated to embarrass him.
Nairobi Governor Mike Mbuvi Sonko with his lawyer Harisson Kinyanjui at Milimani Law Court's on Friday May 11,2018/PHOTO BY S.A.N.
BY SAM ALFAN.
It is a foreign document, Nairobi governor disowns documents filed in court on his behalf.
The affidavit opposing the city Transport Agency created by President Uhuru Kenyatta is not a genuine document.
Governor Mike Sonko says that the firm of advocates (Nyachoti and Co. Advocates) acted without his knowledge and instructions.
“It is rather strange how a law firm would purport to come on record for a sitting governor of Nairobi and instead of getting my instructions through a replying affidavit they chose to file grounds in support maybe to propagate a mischievous hidden cause known only to them,” he said.
The governor has further accused former Nairobi acting Director of Legal Services Violet Avoga Oyangi of instigating the filing of such reasons.
He has asked the court to strike off the record the affidavit filed yesterday in the case asking the court to investigate the said law firm for defamation and intent to sabotage the his relationship, that of the county government and the National Government.
“I will be moving by way of an application to have the Nairobi City County Government and my office removed as a party from the suit as we cannot be compelled to be interested parties,” says Sonko.
Yesterday the firm of Nyachoti filed a replying affidavit saying that the County Assembly of Nairobi has never been formally notified of any such suitable agreement in contravention of section 26(5) of the Inter-governmental Relations Act 2011.
According to the court documents filed in court by lawyer Phillip Nyachoti, the appointment of Board members of the Authority vide Gazette Notice no.1240 of February was unconstitutional since there was absence of formal legal agreement between the parties authorizing the same.
“That the attempt to comply with section 26(4) of the Inter-governmental Relations Act,2011 by introducing a Bill before the National Assembly in the form of the Nairobi Metropolitan Area Transport Area Transport Authority Bill which was tabled in parliament in October 2017 was never successful as the bill was preliminarily rejected and as such the National Assembly approval has never been granted,” he said.
Former Chase bank directors Makarios Omondi Agumbi James Mwaura Mwenja,Duncan Kabui Gichu and Mohammed Zafrulla Khan before Milimani Senior Principal Magistrate Martha Mutuku on Thursday May 10,2018/PHOTO BY S.A.N.
BY SAM ALFAN.
Top former Chase bank directors have been charged with money laundering charge’s before a Nairobi Court.
Former bank directors Dancun Kabui Gichu, Mohammed Zafrulla Khan, Makarios Omondi Agumbi and James Mwaura Mwenja were charged with five additional charge’s.
They were accused between 16 of September ,2014 and 3 of March ,2015 at Chase Bank (K) Limited Head office in Nairobi ,Jointly conspired together to commit a felony namely stealing USD 5,475,801,92 from Chase Bank Limited.
They are also facing money laundering charges.
It is alleged Dancun Kabui Gichu, Mohammed Zafrula Khan, Makarios Omondi Agumbi James Mwaura Mwenja between 16 of September 2014 and 31 March ,2015 at Chase Bank Limited Head office in Nairobi City knowingly or while reasonably ought to have known that USD 2,510,099,91 formed part of the proceeds of crime , removed the said Chase Bank internal account number 0004005510002 and facilitated the transfer of the same amount to account number AE15033000010494309702 domiciled at Mashreq Bank ,Dubai in the name of Emmar properties of PJSC.
Prosecution further alleged that between 30 of September, 2014 and 3 of March 2015 at Chase Bank Nairobi, jointly stole USD 5,475,801,92 the property of Chase Bank Limited.
Mohammed Zafrula Khan is accused of being a director of chase Bank stole USD 5,475,801,92 from Chase Bank which came to his position by virtue of his employment.
The court commuted the earlier bail terms of 2 million cash bail until 15th of may when the court will determine the status of the terms when the court will be consolidated.
