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GREENPARK ESTATE HOUSE OWNERS CRY FOUL OVER PROPOSED DEMOLITION OF NINE UNITS.

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Lawyer Philip Nyachoti for the Superior homes limited.

Water resources authority claimed houses built on riparian land.

BY SAM ALFAN.

PROMINENT housing developer, Superior Homes (Kenya) Ltd, is demanding  Sh525million compensation from the Water Resources Authority (WRA) over the proposed demolition of nine Greenpark Estate houses in Machakos County for allegedly encroaching on riparian land bordering the Stony River Athi.

The firm has protested that the enforcement orders issued by the agency on May 31, last year, giving a 21-day deadline for the removal of the residential units had virtually crippled future construction prospects of 700 units.

Lawyer Philip Nyachoti explained to the High Court sitting in Machakos that various banks, including the Kenya Commercial Bank (KCB), had expressed apprehension in financing potential buyers following adverse publicity involving WRA’s unjustified action. The firm had 108 potential clients and sold 10 units monthly in 2018 but business had dwindled to only 48 prospective customers and fetched only three buyers at present.

Making arguments to support twin applications by the aggrieved firm, Nyachoti said the company had secured necessary approvals and permits from relevant statutory bodies and local authorities before embarking on construction of the gated community houses. “The decision to issue enformement orders targeted at specific houses on the property is unlawful and illegal,” the lawyer pointed out during the final submissions of the suit.

He urged the court to enforce orders made by Justice George Odunga in June last year, suspending the offending notices issued to the developer by the agency’s predecessor, the Water Resources Management Authority (WARMA). The court orders are still in force pending the outcome of the firm’s petition and judicial review application.

Justice Odunga had reasoned that the constitutional right to property was paramount and it was justifiable for the firm to seek redress to stop any breaches that were likely to occur in case WARMA carried through its threats.

Nyachoti had submitted the targeted houses have already been sold to third parties who had the legitimate expectation of quiet enjoyment and possession of their properties. Further, the developer risked legal action by the home-owners and enormous financial loss in case of violation of contractual obligations, he said.

“The decision by WARMA to issue the enforcement orders is unreasonable, illogical, illegal, untenable and is motivated by ulterior purposes other than those recognized by law,” the firm’s Chairman and Chief Operating Officer, Reginald Okumu, said in a sworn statement.

She explained that the firm had carried out it’s own survey on the entire 61 Hectare property and confirmed to authorities on September 3, 2013 that the boundaries were compliant with the minimum and maximum distance allowances in respect of riparian land.

A fresh assessment of the boundaries by independent surveyors on June 11, last year had ascertained there was no encroachment on Stony Athi River, she said. “Before the construction of the houses, Superior Homes (Kenya)Ltd applied and obtained an Environmental Impact Assessment licence from NEMA on March 8, 2006,” she said.

“By WARMA’s own admission in its letter dated September 3, 2013, the distance of the masonry boundary wall of the property from the river bank is 25 metres upstream and 30 metres downstream, meaning that no portion of the property has ever been on riparian land,” Okumu said.

WOMAN DENIES THEFT OF SH20 MILLION FROM HOUSING FINANCE.

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BY NT CORRESPONDENT.

A woman has been charged with conspiracy to defraud Housing Finance Company of Kenya limited of Sh20 million. 

Valentinah Mumbua Kilonzo is also charged with stealing the above amount. She is alleged to have committed the offence on or before June 25, 2014 at HFCK Rehani house branch in Nairobi.

The prosecution did not object her release on bail but informed the court that there is a related matter coming up for mention on November 27. The prosecutor requested the court to have the matter mentioned on the same date for purposes of consolidation.

The court ordered Kilonzo to post cash bail of Sh2 million to secure her release.

CITY HALL LEGAL CLERK CHARGED WITH STEALING FILE CONTAINING CONTROVERSIAL PROLAND PROPERTIES PAYMENT.

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BY NT CORRESPONDENT.

A law clerk at Nairobi County Government was on Thursday charged with stealing a file containing payment documents for Proland limited.

Mary Gathoni Komu appeared before Milimani Senior Resident Magistrate Muthoni Nzibe and denied the charges.

Gathoni is accused that on May 7, 2019 at City Hall, jointly with another before court, being a person employed by the public service as a law clerk in the legal department of Nairobi city county government, she stole a file valued at Ksh47,550.

The file according to the prosecution, contained payment documents for m/s Proland Limited in connection to civil case No. 433/2009 , which is pendin before court. It is alleged that the file came into her possession by virtue of her employment.

Last week, Christopher Irungu Ngugi, an accountant in the legal department at City Hall was charged this week with the stealing the same file and pleaded not guilty.

Gathoni was released on a cash bail of 50,000 pending hearing and determination of the criminal case.

Nairobi Governor Mike Sonko advisor on land, urban housing and urban renewal and then legal officer stated that the file concerned about a judgment city county government which was to pay Sh30 million to Iris Property and Proland  Limited which had accrued interest up to approximation of Sh170 million.

The warrant of arrest was issued against county government officials. The county challenged the arrests warrant and was lifted last week.

This is after Nairobi Governor ordered his officers not to pay a single cent and thwarted their arrest by plain clothes officers.

COUNTY EMPLOYEES AMONG THEM LIQUOR LICENSING BOARD CHAIR CHARGED WITH RESISTING ARREST AT EACC INTEGRITY CENTRE.

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BY NT CORRESPONDENT.

Four employees of Nairobi county were on Wednesday charged with creating disturbance.

The four were arrested on Tuesday at Integrity Centre, where they had accompanied Governor Mike Sonko for interrogation.

The four John Abok, Joseph Mwangi Karai, Kennedy Odhiambo and Richard Bosire appeared before senior principal Kennedy Cheruiyot and denied two other counts of resisting arrest and taking part in an unlawful assembly.

They were re-arrested immediately by plain clothes police officers, after they were released on bail.

The charges against them stated that on November 5, 2019 at about 11:00 am at EACC Integrity Centre in Upper Hill area in Nairobi county willfully and unlawfully they resisted arrest from police constables Peter Mwangi, Timothy Nyagah, Antony Kasili, Joseph Muturi and inspector Silas Siota.

Through lawyer George Kithi they asked to be released on reasonable bail terms saying that they are not a flight risk as they are employees of Nairobi county government.

The magistrate directed them to post cash bail of sh100,000 each, to secure their release.

The case will be mentioned on November 20 for pretrial.

REPRIEVE FOR EMPLOYEES OF REGISTRATION OF BIRTHS AND DEATHS AS COURT FREES THEM ON BAIL.

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BY SAM ALFAN.

Some 31 employees of the department of registration of birth and deaths have been released on cash bail of Sh 250,000 each, pending conclusion of investigations.

Kiambu Chief magistrate Patricia Gichohi granted all the suspects bail after dismissing an application by prosecution seeking to be allowed to hold them for 10 more days as they conclude investigations and decide whether to prefer charges against them.

“I am certain that investigations in this case can still continue if the suspects are released but on conditions. To therefore, ensure investigations are completed without interference and with utmost cooperation of the suspects, none of the suspects should access their offices”, ruled the magistrate.

The court said the suspects can only access their offices with authority from investigators. He said they should not interfere with any evidence or intended witnesses in this case.

The magistrate also ordered each of the accused to report at DCI Headquarters every Monday and Friday of the week at 9.00 am starting from Friday November 8, 2019 pending their taking plea for any charges preferred.

The defence team was led by former Senior Principal Kiambu Magistrate Bryan Khaemba and Eric Mutua had urged the court to dismiss prosecution application.

City lawyer Khaemba told the court that there was no compelling reasons advanced by the State to justify denial of the suspects right to liberty.

He added that the investigating officer does not need the presence of the suspects in order for him to complete his investigations.

“This court should stop these habits by the DCI to arrest people without completing investigations and expect the assistance of the court by having them detained in court as it undermines the right of arrested persons under Article 49(1)(g) of the Constitution”, added Khaemba.

The prosecution had on Monday asked the court to grant them 10 more days to continue detaining the suspects in order to complete investigations.
They said detectives needs to visit all the counties countrywide collecting evidence into offences of forgery, fraud, abuse of abuse.

Among those arrested in the swoop were deputy registry director Paul Kagiri, principal records management officer Charles Akwoni, principal civil registration officer Charity Mwadime, her assistant Jane Wangari Maina and several clerical officers.

The suspects among them three nurses of St.Francis Hospital were arrested last Friday during operation led by Interior Cabinet Secretary Fred Matiang’i.

The lead detective chief inspector Evans Sang however, had urged the court in his sworn affidavit to be granted ten more days to hold the suspects in order to complete the probe into the case.

Through senior state prosecutor Christine Mbevi, the officer had said he was investigating a case of forgery, fraud and abuse of office which need time to visit various counties.

FAKE GOLD DEALER DENIES CHARGED OF OBTAINING SH9.7 MILLION.

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BY NT CORRESPONDENT.

A fake gold scammer has been charged before a Nairobi court with conspiracy to defraud and obtaining money by false pretenses.

The Congolese national Le Divin Mupanga Etienne appeared before Milimani Senior Principal Magistrate Kenneth Cheruiyot and pleaded not guilty to the charges.

Mupanga is accused of conspiring with others not before cour,t to defraud Richard Piatt Sommerfeld, a director of Occidental Commodities limited from Nevis Island, West Indies of Sh9.7 million by means of fraudulent tricks and displaying fake Gold nuggets.

The accused is said to be operating an office trading as Afrimetallics Export and Cargo Company limited, pretending that they were carrying on a genuine Gold business. Mupanga is also charged with obtaining the above money by false pretenses.

He is alleged to have commuted the offences on diverse dates between 19th March and 30th April 2019 in Nairobi County.

He was released on cash bail of Sh1 million.

The Congolese national was Yesterday arrested at Jomo Kenyatta International Airport by detectives from Directorate of Criminal Investigations. Detectives working jointly with with immigration officers.

The 41-year-old suspect was nabbed on arrival from Ethiopia following a Stop Order that had been placed by Serious Crime Detectives.

KAPSERET MP SUDI LOSES BID TO STOP ACADEMIC CERTIFICATE FORGERY PROSECUTION.

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BY SAM ALFAN.

Kapseret Member of Parliament Oscar Sudi lost his bid to prohibit Director of Public Prosecution Noordin Haji from instituting any further criminal proceedings against him over his academic qualification.

The MP also failed to quash the forgery charges of his academic certificates pending against him before Milimani chief Anti-Corruption Court.

Judge Hedwig Ong’undi dismissed entire Sudi petition for lack of merits.

“The Court has found no violation of any of the rights as claimed by the petitioner. The upshot is that the entire petition is devoid of merit. It is dismissed with costs”, ruled Judge Ong’udi.

In her judgement, the judge said the court cannot therefore direct the DPP on what to charge or what not to charge an individual with.

Sudi filed a petition seeking several orders claiming his rights to dignity were violated.

In his petition, he sought to be compensated with Sh 10 million by the Ethics and Anti-Corruption commission, DPP and attorney general for violating his constitutional rights.

The MP also had applied to the court to prohibit the DPP from instituting any other or further criminal proceedings against him over his academic qualifications and also to quash the criminal charges instituted against him.

Sudi was charged in October 2016 with three counts of forging academic certificates while seeking clearance from the Independent Electoral and Boundaries Commission to contest the March 4, 2013 general election.

According to the prosecution, the MP forged his diploma in business management allegedly issued by the Kenya Institute of Management as well as a Kenya Certificate of Secondary Education qualification reportedly issued by Highway High School.

He was also charged with giving false information to IEBC officers and for misleading Ethics and Anti-Corruption Commission officials who were investigating the matter.

Investigations had further revealed that he made a false declaration under oath through a self-declaration form to IEBC.

According to various court documents correspondent filed in court, Kenya Institute of Management said Oscar Sudi, Kapseret Member of Parliament was not our student.

This is according to report from the management school by one John Masheshe.

Masheshe further stated that a registration number appearing on the Sudi’s certificate belongs to another student and the certificate he claims emanated from KIM must have been forged.

His form four certificate according to a letter from the Kenya National Examination Council to EACC is also a forgery since there are no records of a student by the name Oscar Kipchumba Sudi.

“The copy of the certificate was made from a forged document on the basis that, there were no records of any student named Oscar Kipchumba Sudi having sat for KSCE in the year 2016.Further , that there was no school by the name Highway High School and school code appearing on the certificate belonged to Parklands Secondary School” Kashu replied to EACC.

The investigator in his affidavit says upon visiting Highway Secondary school where the MP provided copies of admission records between the years 2003-2006 and the KSCE certificate collections records for the year 2007, The records showed that there was no student by the name Oscar Kipchumba Sudi who enrolled or sat for KSCE examination at the said school.

The documents examiner in his opinion disapproved the leaving certificate provided to IEBC by Sudi alleged to have been signed by the said School principal Jadiel Kaburu Mbogori .

EACC and DPP accused Sudi of attempts to delay the trial in light to contest the Kapseret Member of Parliament using the petition before the Anti-corruption and Economic Crimes Division.

Sudi was arraigned and charged before the Nairobi chief Magistrate court Anti-corruption senior Principal Magistrate Lawrence Mugambi where he pleaded not guilty and was released on a cash bail.

IMPOSTER CONNING PEOPLE USING GOVERNOR SONKO PSEUDO SOCIAL MEDIA DETAINED.

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BY NT CORRESPONDENT.

A Nairobi Court has allowed the police to detain an impostor who has been conning innocent members of the public by using pseudo social media accounts in the name of Nairobi Governor Mike Sonko.

Geoffrey Mandela Kengere appeared before Milimani Principal Magistrate Martha Nanzushi who ordered that he be detained for five days.

Mandela who was termed a ring leader of the syndicate was arrested on Monday at a city hotel where he had gone to collect Sh80,000 from one of his victims.

City Hall Directorate of criminal investigation filed a miscellaneous application seeking the suspect to be remanded at Central Police station for five days to enable the investigating officer to complete his probe..

Corporal Urbanus Munguti attached DCI city hall to the court that he is undertaking investigations into alleged offences of conspiracy to defraud members of the public by issuing them with forged Nairobi County government official documents whereby they have been conned millions of shillings.

He told the court the suspect was arrested yesterday and he has no time complete investigation including search of the suspect premises, analysis of his mobile phone in which documents were sent by cybercrime unit, analysis of email account and his social media account, interrogation and recording statements of witnesses connecting the suspect with other cases under investigation among others.

Police said are yet to record statement from Mandela who is a resident of Lamu county and other witnesses who are former county employees who have retired.

SUSPENDED JUDGE STOPS TRIBUNAL PROBING HER CONDUCT.

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BY SAM ALFAN.

The high court has suspended proceedings before a tribunal appointed to investigate the conduct of a high Court judge.

Employment and Labour Relations Court Judge, Byram Ongaya stayed proceedings before the tribunal appointed to investigate the conduct of  Nyeri Environment and Land court presiding Judge Lucy Njoki Waithaka.

“Pending the inter parties hearing or further orders or directions by the court on the application, there shall be an interim stay of the proceedings by the tribunal appointed to investigate the conduct of lady justice Lucy Njoki Waithaka :as regards to the proceedings against the petitioner (Judge Lucy Njoki Waithaka) and such proceedings flowing from the tribunal appointment as notification gazette Notice No. 4851 of June 4,2019(special issue). “Ordered Judge Ongaya.

The judge further certified the application by the suspended judge as urgent.

This is after a four member committee formed by the Judicial Service Commission on May 8, this year, recommended that the judge be investigated over gross misconduct , breach of the constitution and breach of the judicial code of conduct.

The committee further recommended that a petition be submitted to the president for appointment of a tribunal to further investigate the petitioner’s conduct.

Lady Justice Lucy Njoki was the presiding Judge of Environment and Land court in Nyeri until her suspension on June 4, this year.

President Uhuru Kenyatta  appointed the tribunal to investigate the conduct of the judge on June 4, 2019 after a recommendation by the Judicial Service Commission set out in a report dated May 8,2019.

The judge was working in Nakuru county between 2012 and 2014 in the environment and land court and was in that capacity and also as the visiting judge for the environment and land court in Kericho.

On July 31, 2013, judge Njoki commenced the hearing of a case identified as Jonathan Kimutai Mibei v Philip Kipyegon Lelei-Kericho ELC no. 64 of 2008 which was concluded on July 28,2014.

“Only the plaintiff in the case subsequently filed his submissions by September 25,2014 as directed by the court which thereafter set October 2014 as the date for judgement delivery.” Said the judge.

The court delivered judgement on October 29,2014 in an open court and thereafter signed the judgement as required by the provisions of order 21 rules 1 and 3(1) of the civil procedure rules.

The judge made the following orders:the plaintiff failed to prove , on a balance of probabilities, that the defedant had trespassed on the suit property and was thus not entitled to prayer of his plaint.

The plaintiff would however be granted prayer (b) of his plaint seeking an eviction order as the defedant had failed to prove to the satisfaction of the court that he had any lawful rights to the property.

The judge also ruled that the defedant also failed as the court found there was no valid contract of sale of the land between the two parties among other orders.

Since the judgement had some typographical errors, the judge retired to her chambers with the case file and gave it to a secretary at the Kericho law courts to amend the errors.  She was thereafter transferred to Nyeri law courts as the Presiding Judge of the environment and land court.

In June ,2015 the judge received a letter dated June 5, 2015 from deputy registrar High Court Kericho law courts , a letter erroneously dated July 5,2009 , albeit received by the registry on May 25,2015 from defendants advocate in the case in which the advocate on behalf of the client complained that he had been unable to access the court file for the case and the judgement delivered since the judgement date and that his client had been served with an eviction notice on May 20,2015 by the defendant which was very odd since his recollection based on information conveyed by the defendant who attended the pronouncement of judgement, the plaintiff’s suit had been dismissed.

The judge responded to Deputy Registrar letter and confirmed she delivered the judgement in the case on October 29,2014 and carried her file to Nakuru after judgement delivery.

The Judge having assumed the matter had been settled by her after clarification , received a copy of a letter dated April 9,2016 from the Principal Judge of the High court written to the defendants advocate and to the chief Justice who had in turn passed it to the Principal Judge of the high court. The Principal Judge had endorsed comments on the letter and sent it to the judge to make a formal written response within 14 days.

She later learnt that judicial service commission met on January 26,2018 and delegated the hearing of the complaint to a committee consisting of four commissioners and JSC secretary.

The judge through Veteran lawyer Tom Macharia told the court the committee heard the complaint on March 20,2019 and April 8,2018  when it recorded evidence by the complaints advocate, Richard Kipkurui Tiongik , a witness for the complaint, The Kericho Law court courts executive officer, former registrar Kericho law court , the court clerk on duty when the judgement was delivered and the petitioner.

On May 8,this year, JSC delivered its decision in the form of a report in which it stated that it was satisfied , on a prima facie basis that a case of gross misconduct , breach of the constitution and breach of the judicial code of conduct had been disclosed against her and recommended that a petition be submitted to the president for appointment of a tribunal to further investigate the petitioner conduct.

MOTHER DENIES SUBJECTING MINOR TO CRUELTY BY ASKING HIM TO BEG FOR ALMS

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BY NT CORRESPONDENT.

A woman has been charged with cruelty to a child, infringing a child rights and economic exploitation of a child.

Sarah Wambui Kuria appeared before Milimani Principal Magistrate Helen Onkwani and pleaded not guilty to all the charges.

She is accused on October 29, this year along Kagundo road in Embakasi sub-county in Nairobi area, she willfully and negligently engaged a 16-year-old disabled minor in a hazardous work of begging for alms, which was harmful to his health.

The mother of 16 year old minor is also accused that on diverse dates between the month January and October 29, she willfully denied the said minor right to education by refusing to take him to school.

She is also accused that being a mother of the said minor caused him to be a child in need of care and protection by subjecting him to beg for alms on the public road.

She was released on a bond of Sh500,000.