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PRINCIPAL FAILS TO TABLE EVIDENCE ON PLOT BY STUDENTS TO BURN DORMITORY.

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BY SAM ALFAN.

The Principal of Langata High School has been put to task over charges of arson and conspiracy to commit felony against 12 students.

Teresa Muthoni was hard-pressed to explain how the students planned to burn the school dormitory as claimed by the prosecution.

Lawyer Danstan Omari for the students told the principal to produce the minutes or evidence that the students, some of whom were on suspension, held a meeting and planned to burn the dormitory.

The principal couldn’t produce any evidence to support the alleged plot.

Muthoni told Milimani senior principal magistrate Bernard Ochoi that on July 25, 2016 police officers came to her office and hinted that they wanted some of the students for questioning over the fire incident at the school.

“They took away six students for interrogation,” she said in her evidence in chief.

She told the court that 184 students’ beds and mattresses and bed covers were destroyed by the fire.

A further 368 bed sheets, blankets,184 students’ boxes and personal belongings among other valuables worth Sh 5.4 million were destroyed during the fire incident.

“Later the board meeting was urgently called and the school temporarily closed and was to open on August 3,2016 for the student to undertake exams and then closed,” she said.

The 12 students have been charged with burning the dormitory and destroying property worth Sh5.4 million.

The students have denied five counts of conspiring to commit a felony and arson, an incident that occurred in 2016.

They are each out of cash bail of Sh 200,000 pending the hearing and determination of the case.

SUDI’S TRIAL ADJOURNED ONCE AGAIN AFTER HIS LAWYER WAS NO SHOW.

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BY SAM ALFAN.

It’s been four years since Kapseret Member of Parliament Oscar Sudi was charged with forging academic papers to be cleared to vie for the Parliamentary seat.

The trial has been stalled on several occasions due to applications for adjournment and partly because of an appeal the MP had filed challenging his prosecution.

The case, which was supposed to be heard today, hit a snag once again after Sudi who was present in court applied for adjournment saying his lawyer Thomas Ruto was unwell and could not make it to court.

Anti-Corruption Magistrate Felix Kombo allowed the adjournment but said the trial must commence in October without fail.

“We have to conclude this matter. I’m under a lot of pressure to get such cases done. We will take six days and see whether they will cover all remaining witnesses,” Said trial Magistrate Kombo.

Magistrate Kombo said that he was under pressure to hear and conclude such cases which had been pending in court for years.

The MP is facing nine counts of forgery after he allegedly presented forced academic papers to be cleared to vie for the MP’s seat.

It is alleged that on an unknown date and place, with the intent to deceive, he forged a diploma certificate in business management, purporting that it had been issued by the Kenya Institute of Management (KIM).

The court heard that he committed the offence on January 31, 2013 at IEBC offices in Eldoret, Uasin Gishu County.

It was said that Sudi’s forged documents included his Diploma Certificate in Business Management allegedly issued by KIM and a KCSE certificate from Highway High school.

The MP is facing other counts of giving false information to an IBC officer and lying to the electoral body and the EACC.

He is said to have presented the certificates to the two commissions with the intention of deceiving them.

Sudi allegedly provided false information to Derrick Kaisha, an officer of EACC, at Haron Court Hotel, Nairobi County, in September 2015.

The legislator is also accused of making a false declaration under oath through a self-declaration form to IEBC at Barng’etuny plaza in Eldoret on that date.

This was contrary to Section 46(1)(d) as read with Section 46(2) at the Leadership and Integrity Act

He is further accused of making a false statutory declaration contrary to Section 11 of the Oaths and Statuary declarations.

Sudi was charged based on the EACC’s recommendations to the DPP, following investigations.

The lawmaker is out on a cash bail of Sh300, 000 or a bond of Sh600, 000.

His quest to prohibit Director of Public Prosecution Noordin Haji from instituting any further criminal proceedings against him over his academic qualification was dismissed by the High Court.

The MP also failed to quash the forgery charges after Justice Hedwig Ong’undi dismissed the petition for lack of merit.

KORANE SUMMONED TO APPEAR IN COURT OVER FAILURE TO PAY FORMER CEC’S SH61 MILLION.

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BY PHOEBE WANJOHI.

Garissa Governor Ali Korane has been summoned to appear before court on September 28 over the failure to pay three former county executives Sh61 million for wrongful dismissal.

Employment and Labour Relations Court ordered Korane to appear together with the county finance executive over the failure to settle the amount.

This after the county government lost a bid to overturn the decision before the Court of Appeal.

Earlier Court of Appeal judges Wanjiru Karanja, Hannah Okwengu and Fatuma Sichale dismissed the appeal by county government challenging the monies awarded to the three county executives Idris Muktar, Muktar Bulale and Salah Farah.

The three former county executives were sacked in May 2015 over accusations of traveling to destinations outside the country without proper sanction from the office of the governor and unauthorized regular absence from office, which had resulted in service delivery to the public being hampered.

Bulale was further accused of failing to implement key policy decisions relating to his department and failure to supervise the administration and service delivery of the water department and other related agencies of the county.

But in 2018 Employment and Labour relations Judge Hellen Wasilwa ruled that their dismissal was illegal.

The Judge noted that on the alleged absenteeism, the CECs had been permitted by the Governor to travel out of the country as the trips were official and for the benefit of the county government.

The judge awarded the former CECs Sh4 million each but the amount was later increased by consent to Sh15.7 million each.

But even after winning the case, the county government has failed to honour the amount despite making promises through correspondences filed in court.

MAN WRITES TO HEAD OF CIVIL SERVANTS OVER DIRECTIVES ON COVID-19 JAB.

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BY SAM ALFAN.

A concerned Kenyan has written to the head of public service Joseph Kinyua demanding the immediate withdrawal of a directive to civil servants to take the Covid-19 jab.

In an 11-page letter Joseph Aura Enock says the directive is illegal has it has no backing in law.

Kinyua had in a memo dated August 5, directed Principal Secretaries as accounting officers to ensure that all civil servants get the vaccine.

But through lawyer Harrison Kinyanjui, Aura says he will move to court if the directive is not withdrawn. About 2 million Kenyans have already been vaccinated as the government steps up effort to fight coronavirus.

Aura says that the said directives does not meet the constitutional threshold of a legal instrument or power to impose such directives.

He adds that Article 94(5) of the constitution forbids the government to issue a directive that is couched as law, while outside the scope of the law.

The said article states: “No person or body, other than Parliantent, has power to make provision having theforce of law in Kenya except under authority conferred by this Constitution or by legislation.”

Aura further says that Article 46(1)(b) of the constitution guarantees in a non-abrogable manner to every Kenyan (whether in the public service or “private sector”) the protection of their health, safety, and economic interests.

“By dint of your cited mandated “Covid-19” “vaccinations”, the Kenya Government is unconstitutionally and unlawfully taking liberties with Kenyan people’s health generally (and the civil servants’ specifically) and their Constitutionally-enshrined rights, without concurrent legislative authorization to do so under the Statutory Instruments Act regime,” he adds.

He questions on what basis are “COVID-19” “vaccinations” being administered universally within Kenya, granted that persons subject to specific or acute allergies are automatically exempted from having certain vaccines administered on them, even by the edicts of the very manufacturers of the “vaccines”?

“There exists no national cross-cutting data on whether current vaccines touted as “Covid-19” “vaccines” are indeed safe for pregnant women, lactating mothers, children under 18 years, disabled persons, persons with terminal illnesses such as advanced cancer, and those with compromised immune systems, for whatever medical reason,” he said.

He alleged that the truth is that there’s no medical emergency current in Kenya warranting the mandate for mass vaccination.

“There’s no emergency crisis to warrant forced vaccinations among Kenya’s civil servants or Kenya’s at large,” he says

PRIDE-INN HOTEL TYCOON, SON CHARGED WITH MALICIOUS DAMAGE AND THEFT OF SH36 MILLION PROPERTIES.

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BY SAM ALFAN.

Hotel tycoon and his son have has charged afresh with malicious damage and stealing by tenant properties worth Sh36 million.

PrideInn Hotels chairman Mohamed Shabbir Kassim and his son Mohamed Hasnain Shabbir appeared before Milimani Chief Magistrate Martha Mutuku and denied the charges. 

Kassim and Hasnain are accused that on diverse dates May 1 and 1 July last year at Pride Inn Hotel Raphta road in Westlands within Nairobi County, he willfully and unlawfully destroyed the building where the hotel stands, which belongs to Imran Abdulsalaam.

The prosecution told the court on the same dates and last year, the duo stole CCTVs, door locks, seven room equipment and furniture and fitting valued Sh36, 668, 880.

He was released on a cash bail of Sh1 million.

“DOCTORS” BEHIND FAKE JOHNSON & JOHNSON VACCINE DETAINED.

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BY SAM ALFAN.

A Nairobi court has allowed Kasarani police to detain two fake doctors who have been vaccinating people with fake Covid-19 vaccine.

Milimani Principal Magistrate Sinkiyian Tobiko allowed police to detain Wallace Mugendi Njeru and Kenneth Mukundu Njeru for five days pending completion of investigations.

In a miscellaneous application, the police sought to detain the two over claims of impersonation and administering fake Johnson & Johnson vaccine to unsuspecting Kenyans.

The two were arrested on September 7 but the alleged offence has allegedly taken place from January last year until the day they were arrested.

According to detectives, the duo impersonated medical doctors under crane hospital in Ongata Rongai, where they operate from and have been administering fake Covid-19 vaccine.

Unsuspecting Kenyans who took the fake Covid-19 vaccine thinking it was Johnson & Johnson vaccine are now living in fear when it emerged that the jab was fake.

“The Respondents informed investigators that they were assisted to register the facility by a legitimate medical doctor to enable them operate the business without notice by the regulatory bodies,” the investigating officer told the court.

He added that he needed time to investigate, including contacting other unsuspecting people who received the fake vaccines and they have not yet discovered they received a fake vaccination.

Investigators will rely on the suspects helping them to locate other hospital facilities operating in Ongata Rongai in view of making recoveries as the input of regulatory bodies like medical practitioners and Dentists board and ministry of health.

According to the officers, during the investigations assorted vaccines consent sheets recovered with the details of those who took the vaccine and are still unaware whether they were fake and there is need for them to be offered an opportunity to make a statement.

YOUNG BUSINESSMAN DISOWNS RIGATHI SUIT SEEKING FORFEITURE OF MILLIONS.

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BY SAM ALFAN.

A young businessman has distanced himself from an affidavit filed under his name by mathira MP Rigathi Gachagua as the legislator fights to recover millions frozen by a state agency.

Jim Carter Muriungi Njagi, the director of Encarter Diagnostics ltd says he did not read the contents of the affidavit filed by Gachagua but he remembers signing documents before three people.

“I strongly dishonour the Affidavit for the reasons that i did not write the affidavit, i was not consulted when the affidavit was written, I did not consent to the preparation and writing of the affidavit, the signing of the affidavit was not free and fair and I was not allowed to read the affidavit before signing”, he says.

Gachagua had filed the affidavit dated March 11, 2021 commissioned by one Meshack Omari Obare, to show that he received payments from Bungoma and Kwale County Governments.

Assets Recovery Agency has maintained that Gachagua has failed to explain any legitimate origin and source of Sh200 million, frozen early this year.

The agency investigating officer Fredrick Musyoki told the court that Gachagua’s supplementary affidavit does not explain any legitimate source of the funds in issue and there is no any linkage between the alleged loan guarantee and the funds in issue.

The investigator has further opposed an application by Gachagua seeking to cross-examine him saying it was a ploy by the MP to delay the case and frustrate the expeditious conclusion of the application for forfeiture.

He says Gachagua allegation that he is doing legitimate business and the funds in issue are obtained from the legitimate businesses is incorrect, deceitful and a ploy to disguise, conceal and hide the source of the said funds and classical scheme of money laundering contrary to the provisions of the Proceeds of Crime and Anti-Money Laundering Act, 2009.

JUDGE CHITEMBWE ADMITS THAT HE HAD MONEY WHEN DCI OFFICERS RAIDED HIM.

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BY SAM ALFAN

High Court Said Chitembwe has admitted that he had USD7,000 (about Sh770,000) when police officers raided his chambers in July.

Justice Chitembwe however denies claims by detectives from the Directorate of Criminal Investigations (DCI) that they are the ones who recovered the money.

In an affidavit filed in court, the Judge says the money was meant for school fees for his son who is studying at an Australian University.

“That after search, I removed from my pockets USD7, 00 that I had been having with me for the purpose of paying my son’s fee at Edith Cowan University Perth I in Australia and handed over the same to the officers,” Judge Chitembwe says.

He denies claims that the cash was seized and maintains that he voluntarily handed the money to the officers.

“It is therefore grossly wrong and patently misleading for Inspector Karisa to depone that the USD 7,000 were recorded by him and his officers pursuant to the unlawful search,” he said.

The judge adds that as a family they have kept the dollar account for the last three years under his wife’s name and as such it is not unusual or suspect for him to have US dollars in his possession as is proposed by Inspector Karisa.

He further adds that he had the said money since July 20 and he was unable to transfer the money directly to his son’s university tuition account.

“I was waiting to find time and go to the bank for help and advise on how to transfer the money directly to the university as requested by my son when I was unceremoniously and embarrassingly roughed up and arrested within the court precincts for no crime at all,” adds the judge.

The judge insisted he was arrested by the officers of DCI at his chambers. “I must state all this time I felt and clearly considered myself under arrest until my release after recording of the day’s events in the form of a statement,” he stated.

He adds that he was ordered in an unruly and undignified manner, frog-marched by DCI’s officers from the precincts of the High Court premises at Nairobi to the DCI headquarters where without notice whatsoever to the nature of the inquiry being conducted against him by the DCI.

“I was again ordered to write a statement on the occurrence of that day from the time that the officers confronted me outside Justice Aggrey Muchelule chambers until I arrived at the DCI’S offices”, he adds.

He further adds that he was not informed of the nature of the crime that was being investigated against him, who his alleged accusers were, why his chambers were invaded and searched without a warrant.

He also questions why Judicial Service Commission and Chief Justice Martha Koome was never informed of what he terms as invasion, unlawful search and arrest in advance.

COUPLE SENTENCED TO 22 MONTHS OVER FORGERY.

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BY PHOEBE WANJOHI.

A couple has been jailed for 22 months each after they were found guilty of forgery.

Milimani Chief Magistrate Mutuku jailed Willykester Ndanu Mwendwa and Patrick Juma Kingoro after they pleaded guilty to several charges of forgery. The couple was given an alternative of paying a fine of Sh110,000 each.

In her ruling the magistrate sentenced each of the accused persons to pay Sh10,000 for every count or serve two months imprisonment for each of the counts.

The two were charged with forging Minutes, Forms CR19 and resignation letters of the directors of Group Seven Security Company Abdi Sahal Ali and Hussein Hassan Ali purpoting them to be genuine and valid.

The court heard that on unknown dates and unknown place jointly with others not before court with intent to defraud forged minutes for Group Seven Security Company purporting them to be genuine and valid minutes of the company.

They claimed that the meeting was held on August 24, 2017 signed by Abdi Salal as the chairperson, yet it was false.

They both pleaded guilty to the forgery charges.

The company through their Lawyer Suleiman Bashir had urged the court to impose a harsh punishment on the husband and wife for forging their documents.

BLOW TO MOMBASA BUSINESSMEN AFTER COURT DECLINES TO LIFT SH18.5 MILLION FREEZE ORDER.

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BY SAM ALFAN.

Two Mombasa businessmen have suffered a major blow in their attempt to get back Sh18.5 million which has been frozen together with seven motor vehicles seized from them suspected to be proceeds of crime.

High Court judge Dorah Chepkwony, sitting in Mombasa dismissed an application by Stephen Vicker Mangira and Nabil Loo Mohamed seeking to set aside orders to preserve the funds and the vehicles. The orders were obtained by Asset Recovery Agency (ARA) in July 2017, pending a petition for forfeiture of the assets to the state.

In her ruling Justice Chepkwony upheld a preliminary objection by ARA. “In the resultant, the application dated May 19, 2021 deserve to be dismissed and the same is hereby dismissed but with no orders as to costs. It is hereby so ordered,” Judge Chepkwony ruled.

The judge said having considered the material placed before her, she held that the application was taken up prematurely since the proceedings to be concluded against them were not only the criminal proceedings in which they were acquitted but also the forfeiture proceedings.

“It is only until the subject property can be pronounced as or not proceeds of crime that the same can be considered”, Judge added.

The two businessmen had sought to unfreeze the money at Kenya Commercial Bank, pursuant to an order made by Shanzu magistrate.

They also sought Sh.10 million out of the Sh. 18,5 million held in the Court depositors account at KCB on orders of the Chief Magistrates Court in Shanzu (and claimed by  Asset Recovery Agency) be paid to the Bakari Kila Bakari’s Advocates, Kinyua Muyaa & Co as payment for their legal fees inclusive.

They argued that they were acquitted by the trial court and that their money should be returned to them.

ARA opposed their application and told the court that their acquittal doesn’t have any effects on the forfeiture proceedings and while the criminal proceedings are prosecuted by the ODPP, the civil proceedings are guided by the proceeds of crime and Anti-Money Laundering Act and are predominantly prosecuted by the ARA, which is an independent body.

The agency told Justice Chepkwony that there need not to be a criminal conviction for a civil forfeiture to be maintained.

ARA submitted that once the orders are granted ex-parte under section 84 of Proceeds of Crime and Anti-Money Laundering Act, they will automatically expire after 90 days unless there is a forfeiture application filed.

“If that scheme of things is met, then the forfeiture orders continue to subsist. In the instant case, a forfeiture application was made under Mombasa Misc. granted continued to subsist”, added the agency.