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FORMER TETU CHARGED OVER MISBEHAVIOR IN PUBLIC.

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Former Tetu member of parliament James Ndung’u Gethenji, Chacha Mabanga(centre) and Frankline Mutegi Kaburu before Milimani Chief Magistrate Court where they pleaded not guilty to charge's of creating disturbance on Wednesday July 3,2019.

BY NT CORRESPONDENT.

Former Tetu Member of Parliament and two others have been charged with creating disturbance before a Nairobi Court.

James Ndung’u Gethinji , Chacha Mabanga and Frankline Mutegi Kaburu appeared before Milimani Chief Magistrate Martha Mutuku and pleaded not guilty.

They are accused that on July 2, 2019 at Kihingo village Kitsuru estate in Nairobi jointly with others not before court created disturbance in a manner likely to cause breach of peace by interfering and stopping renovation of a house belonging to Dhanji Varsani.

Kaburu is also accused on the same dates and place assaulted city lawyer George Wajackoyah and Dhanji thereby occasioning them actual bodily harm.

Kaburu is also accused of damaging a sweater worth 1000.

The three were released the on a cash bail of 50,000 and bond of 100,000 pending hearing and determination of their criminal trial.

The prosecution opposed the accused to be released on bail pending a detailed medical examination report in respect of the injuries sustained by the two.

The court had that Ndungu is a former MP and former chairperson of departmental committee on defence and foreign relations and hence an influential person with capacity to interfere with the witnesses and trial if released on bail.

The case was fixed for hearing on October 22,

TRADERS CHARGED WITH SH6.7 MILLION TAX EVASION.

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Patel Devan Harshad a United State of America national and Mark Mwangi before before Milimani senior principal magistrate Hellen onkwani on Monday July 1,2019. PHOTO BY S.A.N.

BY NT CORRESPONDENT.

Two traders have been changed before a Nairobi Court with conspiracy to fraudulently facilitate the evasion Sh 6.7 tax Milion.

Patel Devan Harshad a United State of America national and Mark Mwangi a Kenya appeared before Milimani senior principal magistrate Hellen onkwani and denied the fraud charges.

However the magistrate issued warrant of arrests against their co-accused person Joseph Mwendia who was not present in court to plead to the charge’s.

The court heard on or about June 24,2019 in Nairobi county, the accused persons jointly with others not before court knowingly and fraudulently conspired to facilitate the evasion of duty amounting to Sh 6.744,191 payable to commissioner of Customs and border control in contravention of the provision of the said Act.

They are also accused that on the same date and place jointly with others not before court knowingly concerned themselves with fraudulent evasion of payment of custom duty by facilitating release of 25 cartons of Tobacco thereby occasioning loss of duty of Sh 6.744,191 payable to the commissioner of custom and border control in contravention of the provision of the said Act.

Patel is alone facing charge of making false declaration.

He is accused on or about June this year in Nairobi jointly with others not before court court made a false declaration to wit customs manifest via the airway bill without payment of duty amounting to more Sh6 million contrary to the provision of the said act.

Patel, Mwangi and Mwendia are also accused jointly with others not before court were found smuggling 25 of cartoons of Tobacco at Sign on shades located at Jomo Kenyatta InternTional Airport (JKIA) valued Sh 6.744,191 contrary to provision of the said Act.

However the court detained Patel and Mwangi in police custody until tomorrow to enable them deposits their passport in court before being released on bail.

KOINANGE’S DAUGHTER ORDERED TO RETURN TITLE AHEAD OF DISTRIBUTION OF FATHER’S PROPERTY.

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Some of three family members of the late cabinet minister Mbiyu Koinange before Justice Aggrey Muchelule during the hearing of application seeking Lennah Wanjiku to return about 88 acres of land she currently occupies which she took before the distribution of the estate on Monday May 13,2019./PHOTO BY S.A.N.

BY SAM ALFAN.

The High Court has ordered Mibyu Koinange’s daughter Lennah Wanjiku to deposit in court a title to a parcel of land she hived off from the estate without the consent of other beneficiaries.

Justice Aggrey Muchelule canceled the title to the land identified as entry No. 44 on Title number L.R No. 22/2 and asked Lennah to deposit it in court within 14 days.

The Judge ordered Koingange’s widow,Eddah Wanjiru Mbiyu to issue a notice in a national newspaper with a wide circulation informing the public of the cancellation of the title and also warn anyone dealing with the said land.

The judge said that the subdivision and transfer was done in contravention of the law and they were criminal transactions under section 45(2) of the Act.

He said Lennah caused the subdivision of L.R No. 22/363 without a court order and there was no consent from administrators and beneficiaries.

“Through these actions, the estate lost 35.85 acres. She had no authority to cause the transfer to herself or to any other person and she inter-meddled with the estate of the deceased,” the judge said.

The judge said it was not the issue whether administrators and the other beneficiaries may have known that Lennah was residing on the property in question.

” The issue is that she caused the parcel to be subdivided and a potion of it measuring 35.85 Hectares to be transferred into her name”, added the judge.

These were done through entry No. 44 on the title documents L.R No. 22/ 363.

This is after majority of the family members of the late cabinet minister urged the High Court to order one of his daughters Lennah Wanjiku to return about 88 acres of land she currently occupies which she took before the distribution of the estate.

 

During the hearing of the application before Justice Aggrey Muchelule, Eddah Wanjiru Mbiyu through Senior Counsel Paul Muite said she transferred the parcel of land to herself without the consent of other beneficiaries.

Muite also informed the court that Wanjiku has on two other occasions transferred and registered other properties in her favour.

He said the transactions were neither sanctioned by the other three administrators or beneficiaries.

Muite added that the said entries should be cancelled and the land reverted back to the estate as the said transfers constitute of intermeddling.

The application was supported by other administrators including David Njunu Koinange, David Waiganjo Koinange and Margaret Njeri as well as other beneficiaries of the estate.

The lawyer further informed the trial judge that some three other properties were sold through sanctions of the court and there was no contention as all beneficiaries agreed.

They include 260 acres sold to Aga Khan, 100 acres to Centum and a three-acre parcel sold to Karura Community Chapel.

Muite said that the land Wanjiku transferred to herself was not sanctioned by the court, hence it should be cancelled.

However, Wanjiku told the court that Margaret has not come to court “with clean hands” and the application was only meant to delay the distribution of the estate.

Wanjiku through his lawyer said she has been occupying the disputed land since she was evicted from the portion that was sold to other parties, through consent of the court.

KISUMU COUNTY SPEAKER OLOO SEEKS TO BLOCK CHARGES.

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Kisumu County Assembly speaker George Onyango Oloo who has moved to court seeking to block his prosecution.

BY SAM ALFAN.

Kisumu County Assembly speaker has petitioned the High Court seeking to block the Ethics and Anti-Corruption Commission together with the Director of Public Prosecutions from prosecution him over graft allegations.

In his urgent application George Onyango Oloo through senior counsel James Orengo also wants the court to prohibit future searches and seizures by the Ethics and Anti-Corruption Commission without order granted by the High Court and without hearing him.

“I urge the court to stop my prosecution based on the search and seizure orders made by a subordinate court or recommendations by EACC to DPP,” says Oloo.

Further, the speaker wants High Court Anti corruption division to issue orders requiring the commission to return all documents including cheque books, log books , reports, title documents , equipment, firearms , ammunition and various articles seized from his residences in Syokimau, Machakos County and Mamboleo in Kisumu on June 4,2019.

This is after EACC on May 29 this year obtained orders from Milimani Chief Magistrate Courts for search and seizure warrant against Onyango Oloo.

“My right of privacy was infringed by the commission when they searched my houses or property and going ahead to seize information relating to my family or private affair and the privacy of my communications or correspondence’, says the speaker.

EACC is said to be investigating Oloo over the loss of millions of shillings used for the construction of Kisumu Lake Basin Development Authority mall.

He says that he is not aware of the on going investigations being conducted against him and has not been afforded the right or opportunity to confront the allegations against him.

Oloo adds that the magistrate court irrationally and unreasonably gave an in permissibly overboard authorization of search and seizure with a single sweeping blanket warrant that enabled the commission to carry out simultaneous and multiple areas of search and seizure.

“The warrant did not properly limit and confine the scope of the search and in essence it did not set a boundary to what could be seized”, reads the court papers.

He claim lack of limiting language in the warrant created a room for abuse and over reach particularly when the offence or crime prompting the investigations and the need for search and seizure and focus of the search were not set out or disclosed.

He further says that the commission has disobeyed the orders of the subordinate court by not returning with promptitude the warrant together with an endorsement certifying what the commission has done under the warrant upon execution and giving a full account and inventory of what was seized to the court.

In a supporting affidavit, Oloo says that on June 4,2019 EACC officers and police raided his Syokimau residence at 5.00 am and carried out an extensive search in his house and compound and seized several documents including title deeds , certificate of incorporation and memorandum , firearms and ammunition.

Inventory was prepared at about 11 a.m in the morning and was signed variously persons including his son, cousin and EACC officers who seized his property.

FORMER MINISTRY OF HEALTH ACCOUNTANT BARRED FROM TRANSFERRING MILLIONS OVER CORRUPTION SUSPICIONS.

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Director of Criminal Investigations George Kinoti, Director of Public Prosecution Noordin Haji and EACC CEO Twalib Mbarak.

BY SAM ALFAN.

High Court has prohibited former Ministry of health and sanitation accountant Andrew Biketi Musuya from withdrawing or transferring funds in four different bank accounts.

“An order of injunction prohibiting Andrew Biketi Musuya/T/A Makuyu Petroleum Dealers his agents , servants or any other persons from withdrawing, transferring , disposing , wasting or any other way dealing with funds in equity bank in the name of Andrew Biketi Musuya in the name held at Co-Operative Bank and another bank accounts in the name of Makuyu Petroleum dealers”, ordered Justice Mumbi Ngugi.

The judge also issued orders restraining Biketi , business lady Salome Waleghwa and Wachenya Auto Garage from transferring or dealing with motor vehicles KBV 467Q Toyota Saloon ,KCH 124M Toyota Harrier and KCF 863S Toyota Prado respectively.

Further Biketi or his agents were barred from selling , charging , leasing, developing, subdividing or transferring several parcel of land.

The orders were granted after Ethics and Anti-Corruption Commission moved to court under certificate urgency seeking to stop Biketi from withdrawing the money or transferring or selling the said property over allegations of being involved in corrupt dealings.

The agency told the court that they received a report that Biketi while serving as the accountant at the ministry of Public Health and Sanitation and later the County Government of Trans-Nzoia was involved in corrupt dealing and had amassed wealth that does not match his known legitimate of income.

On October 24, 2018 former Anti-Corruption presiding Judge Ong’undi granted preservation orders for a period of six months preserving monies totalling to Sh 15,755,824 held in various bank accounts in the name of Biketi and his business pending conclusion of investigations.

Judge Ngugi extended orders this year April 24 for further period of two months and same shall lapse on June 24.

Investigations has revealed that in the period of January 1, 2013 and October 31,2018, Biketi accumulated assets valued at Sh 284,087,664 way in excess of his cumulative know legitimate source of income amounting to Sh 5,845,245.75, being his total net salary and allowances from the Ministry of Public Health, Trans Nzoia County Government and from his part time job at Jomo Kenyatta university of Agriculture and Technology (JKUAT).

The Commission also established that Biketi in the period January 1, 2013 and October 31, 2018 the period which he is reasonably suspected of corruption acquired unexplained assets to the tune of Kshs. 284,087,664.25 made up as follows;

-Three high-end motor vehicles currently valued at a total of Kshs. 9,600,000.

-Landed properties currently valued Kshs. 226,800,000.

-Cash deposits totaling to Kshs. 45,534,656.00 in his various bank accounts excluding his salary.

-M-pesa cash deposits totaling Kshs. 7,998,254.00.

They said assets worth Kshs. 284,087,664.25 constitutes landed properties, motor vehicles and cash deposits some of which are subject of these proceedings and duly preserved while others were dissipated and were not available for preservation.

The Commission gave Biketi an opportunity to explain the sources of the above listed assets by issuing a statutory notice to him, requesting him, among other things, to furnish the Commission with a written statement enumerating his properties, the times at which the same were acquired and how the same were acquired pursuant to the provisions of Sections 26 and 55 of the Anti-Corruption and Economic Crimes Act.

Biketi offered his explanation which explanation was not satisfactory to the Commission.

“It is reasonably suspected that the above stated properties were acquired by the Respondent through corruption and that the same should be forfeited to the Government of Kenya and the difference in value should be paid to the Government of Kenya as prayed in the Originating Summons herein”, said the commission.

The Commission is apprehensive that Biketi and
Salome Waleghwa, Bhinder Corporation Limited, Mildred Kerubo Obare, Wachenya Auto Garage who are in possession and control of the property listed in schedule 2A, 2B and 2C of the originating summons, shall seek to dispose of or transfer all or part of the properties in order to frustrate any decree that may be passed against them.

“There is real danger that if the court does not grant an injunction restraining the respondent and interested parties from withdrawing, disposing of, transferring and/or dealing with the properties involved, then the substratum of this application and Originating summons will be defeated rendering the same nugatory”, added the commission.

The Anti-graft agency further argued unless the orders sought are granted immediately and served prior to the expiry of the preservation orders, the efforts made and the orders granted to preserve the properties this far will be in vain.

MP GAKUYA AND 10 OTHERS SUFFER BLOW AS JUDGE DECLINE TO STOP GRAFT CASE.

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Embakasi North MP James Mwangi Gakuya pleading with the court to give him at least a week to get services of a new lawyer after his lawyer Danstan Omari together with other lawyers disqualified themselves from the case after the trial magistrate Elizabeth Juma declined to adjourn the matter pending the outcome of an appeal in the High Court./PHOTO BY S.A.N.

BY SAM ALFAN.

Embakasi North MP James Mwangi Gakuya and 10 others facing charges grafts charges relating to Sh 40million CDF project in their constituency have suffered a major blow after the High Court declined to temporary stop their further prosecution.

Justice  Mumbi Ngugi of the Anti-Corruption High Court while declining  to stay the proceedings before the trial court said that documents sought by the accused person was not important at the this stage to warrant the orders.

“I have the considered the application by defense and I don’t think the documents sought are important to the defense at this stage and i hereby decline to grant the sought pleas to stay the proceedings before the trial court pending hearing and determination of the application”, ruled Judge Ngugi.

This means that the trial of the case which was schudeled today will have proceed before the lower court for full hearing.

However, the trial did not proceed after it emerged that the MP is admitted bin hospital.

The accused persons  filed application in the High Court seeking to review trial magistrate Elizabeth Juma’s decision that dismissed their application seeking to be supplied with investigation diary , Investigation report and copy of occurrence report book by the prosecution.

Prosecution vehemently opposed the application saying they were not ready to proceed with applications by the defence since they were not served with the ruling the accused are seeking the court to revise nor did they have opportunity to peruse the proceedings regarding the matter.

However Justice Mumbi Ngugi directed the matter to be heard on July 10 for further directions.

Last week on Tuesday the hearing of the case hit a snag after their lawyers disqualified themselves.

Gakuya’s Lawyer Danstan Omari are among the advocates recused themselves from the case after the trial magistrate Elizabeth Osoro Juma declined to adjourn the matter pending the outcome of an appeal in the High Court.

Other lawyers who recused themselves are Kiraithe Wandugi, philip Magal, Professor Wajakoya, Duncan Okatch, Shadrack Wambui and Stanley Kangahi.

Further the MP and his co-accused failed to bow to magistrate pressure to proceed with their graft case without being represented by their advocates who all withdrew from acting for them.

Gakuya through Lawyer Omari had informed the trial magistrate they had appealed her ruling delivered on June 17,2019 and the matter is coming up for hearing on Tuesday next and there was a need for adjournment pending the outcome.

They argued the said determination by the trial Magistrate Osoro will be prejudicial to the accused in their defense and further occasion a miscarriage of justice as there is reasonable cause to believe that the investigation diary, the investigation report and the relevant extract of the occurrence book has material which might be reasonably expected to assist the defense or undermine the prosecution’s case.

Further the accused persons says that the information sought by them from prosecution is obsoletely necessary and crucial to their defense and investigating officer has duty to record and retain all material gathered in the cause of the investigation in the investigating diary.

“The inspection of the said documents is necessary in determining it’s value and in determining which other material that might undermine the prosecution’s case or assist the defense case has not been disclosed by the prosecution,” reads the appeal papers.

Gakuya together with members of tender committee for the Embakasi North CDF denied a total of 27 counts in relation to procurement of tenders to several companies, where he is alleged to have an indirect private interest.

Gakuya denied four counts of conflict of interest after he allegedly awarded some companies linked to him the works totalling to Sh39 million.

Prosecution alleges that the MP awarded the contract for construction of Muoroto Road in Embakasi to Mabaks Enterprises.

The tender was allowed allegedly worth Sh11.6 million yet the MP, who is the patron to the CDF knew that he has an indirect private interest to the company.

BISHOP OCHOLA’S DAUGHTER AND HUSBAND CHARGED WITH FRAUD IN SH3 MILLION RENOVATION OF BURUBURU CHURCH.

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Late bishop James Ocholla daughter Christine Anyango Ocholla and her Edward Opiko Otieno before Makandara Court where they pleaded not guilty to several charges including conspiracy to defraud, uttering false documents and surgery.

BY NT CORRESPONDENT.

The daughter of the late bishop James Ocholla together with her husband have been charged before a Makadara court with seven counts of forgery and conspiracy to defraud Sh 3 million for renovation of Glad Tidings Crusade church in Buruburu.

Appearing before Chief Magistrate Eston Nyaga, Christine Anyango Ocholla and Edward Opiko Otieno denied the charges levelled against them by the state.

The court heard that at unknown dates and place within the Republic of Kenya the two accused persons conspired with intent to defraud and without lawful authority made minutes dated June 7 2015 for resolution to borrow and obtaining Sh 3 million from Jitegemee credit scheme for such renovation purporting the said minutes to be Ade by Glad Tidings Crusade a fact they knew to be false.

Prosecution also alleges that on unknown dates and place within the Republic of Kenya, with intent to defraud and without lawful authority or excuse made minutes dated June 7 2015 resolution to borrow Sh 3 million from jitegemee scheme for or on behalf of Glad tidings crusade and trustees purporting to be minutes made by the said glad tidings for church renovation.

Opiko and his wife are further accused that on June 7 2017 at the scheme in Embakasi area at Nairobi county with intent to defraud knowingly utters minutes of resolution to borrow three million for church renovation to Faith Zawadi Kingi which had been made without lawful authority.

They further faced a fourth count that on June 8,2015 at the church in Embakasi west with intent to defraud made minutes of account opening with jutegemee purporting it to be minutes made by Glad tidings.

The two were also charged with forging the said minutes purporting them to be signed by Esther Mueni Mutinda, one of the trustees of Glad tidings crusade.

The magistrate ordered each of the accused person to be released on a bond of Sh200,000 and cash bail of Sh 50,000.

The case will be mentioned on July 18,2019 for further directions.

SONKO ADMINISTRATION OBTAINS ORDERS STOPPING EVICTION AND DEMOLITION OF MADIWA RESIDENTS.

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Nairobi Governor Mike Sonko addressing residents of Madiwa in Eastleigh after intervening to stop eviction and demolition of the property Sunday evening.

BY NT CORRESPONDENT.

The Business Premises Tribunal has stopped businessman Wangaruro Mbugua from evicting or interfering with the family of late Gladwel Muthoni Njoroge in a property row in Eastleigh’s Madiwa area.

This is after Governor Mike Sonko administration and the daughter of late Gladwell Muthoni filed application before the tribunal seeking to stop illegal demolition and eviction that was being conducted before the Governor intervention last Sunday.

“An injunction is hereby issued restraining the landlord (Wangaruro Mbugua Wanganga & others) or its agents, auctioneers from entering, harassing, evicting or interfering with the suit property pending hearing and determination of this application and suit,” the tribunal ordered.

The businessman obtained the orders by misleading the tribunal on May 15, 2019.

The tribunal also set aside orders issued against Gladwell Muthini Njoroge on May 15,2019 allowing the businessman Mbugua to breaking into the property and access the premises with the supervision of OCS Shauri Moyo police station.

Mbugua had also been allowed to remove and sale any distrainable property if any to recover any rent arrears.

In the ruling, the Tribunal directed the O.C.S Shauri Moyo Police Station to ensure the orders were complied with.

Gladwell and Nairobi County Government filed application under certificate through Martin Mbichire seeking to stop the execution of the eviction order.

The tribunal heard that the orders had led to demolitions of property and eviction of lawful land owners and who were neither served with application nor had knowledge of the suit.

The court was told that the attention was drawn to the County Government that demolitions of the property and evictions of residents was taking place on a Sunday without a permit and without its knowledge.

“The Governor of Nairobi himself proceeded to the site and was confronted by a gang of young men who were demolishing, evicting, raping women and young girls, beating up residents and stealing from the houses demolished,” reads part of the court documents.

Sonko’s quick intervention saved the residents. He said upon perusal of the order, he discovered grave anomalies.

“The order emanated from business premises tribunal whereas the premises being demolished were residential houses. The order did not indicate the plot number where it was it was to be executed,” the County government said.

They added that the order was issued to a deceased person- Ms Njoroge who died 9 years ago on the June 15, 2010. Further, the orders issued does not authorize demolition or eviction of residents meaning the tribunal does not have jurisdiction to hear and issue orders.

Court documents revealed that the land number indicated as LR NO 1905-02632 does not exist in Nairobi County or the whole country.

Nairobi County Government applied to be enjoined since no demolition notice was issued to the county and no demolition permit was issued by the county to authorize the demolition on Sunday morning.

“The interested party as the Governor of Nairobi city County, after perusing the documents of both parties has realized that the estate of Gladwell Muthoni Njoroge (respondent) has a genuine claim over the suit property dating back to 1990 that is worth being protected “, added the county.

BUSINESSMAN NDERITU LOSES AS COURT CANCELS ORDER IN BURUBURU LAND ROW.

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Nairobi Governor Mike Sonko with Bishop Achola widow and her daughter Joan Owuor Ochola outside Milimani Commercial Court after the ruling that set aside consent order on Friday June 21,2019./PHOTO BY S.A.N.

BY SAM ALFAN.

It is a tough Friday for city businessman Patrick Macharia Nderitu after suffering a major blow.

A magistrate has set aside orders allowing businessman to take over a disputed plot in Nairobi’s Buruburu area, which is being claimed by a church.

Senior resident magistrate Esther Wanjala set aside the order obtained by Ms Nderitu, through his company Landmerk International Properties ltd, on April 10. She said the parties failed to disclose to the court that the property was worth Sh19 million, which was beyond the jurisdiction of the magistrate who heard the case.

She also added that the parties failed to disclose to the court the fact that another matter touching the same land, was pending before the High Court.

Other than setting aside the orders, Ms Joan Jane Owuor Ochola, who is a trustee of the church and Nairobi county government sought to join the case as interested parties.

Achola’s widow and her daughter welcomed the court decision and thanked Nairobi Governor Mike Sonko for rescuing church property and helping them.

Nairobi Governor who arrived few minutes after the ruling also thanked the court for giving back the property to the church further putting on notice land grabbers in Nairobi County.

“I will defend the widows, the poor and the rich from land grabbers”, said Governor Sonko.

The governor through his lawyer Harrison Kinyanjui,filed an urgent application following weekend’s demolitions at Glad Tidings Crusade Ministry where several houses were destroyed.

The court heard that due to the action that took place on Saturday many school going children have no place to go for their continued learning.

Nderitu’s lawyers had applied for fourteen days to reply to the governor’s application but the court declined saying the matter had been certified urgent and serious issues have been raised which must be heard and disposed off.

Nairobi Governor Mike Sonko however arrived at the scene moments later accusing a prominent businessman of being behind the illegal demolitions.

A scuffle was witnessed when a group of goons armed with machetes and other crude weapons arrived at the church, where school children were learning, and started to demolish the building.

The goons reportedly claimed to have been instructed to execute a court order.

The governor was called by aggrieved parties he arrived at the scene, the goons hurled stones at him and his convoy, forcing security officers to fire in the air to disperse the rowdy group.

The owners of Kinderstart Primary School faulted the police for failing to respond in time to prevent the incident from happening.

Document filed by Sonko say that there was no consent or rates clearance certificate sought or obtained from the Nairobi County Government over the purported “transfer” of the suit property to Landmark International Proprietors Limited.

He said the consent, the Church, through its trustees had agreed to transfer the property and handover all the documents relating to the land to Landmerk, within seven days.

“It is ordered by consent that (Landmerk) is hereby allowed to take possession of the suit land, remove any property of the defendants and their agents, employees or any other person acting on their behalf,” reads the order.

Lawyer Harrison Kinyanjui, acting for the county told the court that the case should not have been filed in the first place.

He said it was wrong for a magistrate to adjudicate a matter beyond its jurisdiction as the matter involved property worth Sh100 million. He also said Mr Nderitu had not obtained a rates clearance certificate from the County, nor paid any rates.

The company allegedly tabled a list of documents including sale agreement, a copy of title deed and a deed of trustees and a certificate of lease in the name of Glad Tidings Crusade.

When he invaded the land on May 6, the businessman demolished six classrooms at Kinderstart Kindergarten and Primary School in Buruburu IV.

Nderitu claimed Glad Tidings and its trustees Ms Christine Apiko, Esther Mueni, Fred Agwa and Edward Otieno had sold the property to him.

He claimed that he purchased the property in 2018 for Sh19.5 million through the trustees although Ms Mueni later denied the sale.

PLANS ON WESTON LAND HALTED PENDING PETITION ON OWNERSHIP.

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Weston Hotel Gate Nairobi.

BY SAM ALFAN.

The High Court has blocked the valuation, sub-division, sale and transfer of the controversial land on which Weston Hotel in Nairobi stands. 

The court stopped any plans on the controversial parcel, pending the outcome of the ownership dispute lodged by the Kenya Civil Aviation Authority (KCAA).

Environment and Land Court Judge Bernard Eboso imposed the sanctions on National Land Commission (NLC), Weston Hotel Ltd, Priority Ltd and Monene Investments Ltd following and urgent application by the State agency.

The Judge stopped the implementation of the decision made by the NLC on January 25 allowing the owners of the hotel to pay compensation to the agency at the market value to enable it to purchase alternative land.

The disputed public land had been acquired by the defunct Directorate of Civil Aviation (DCA) in the early 1990s for the construction of its headquarters.

Justice Eboso directed lawyer Stephen Biko Ligunya to serve the three firms with court papers to facilitate the hearing of the matter on July 4.

In court papers, KACC argued that Priority Ltd and Monene Investments sold the land to Weston Hotel Ltd in June 2007 at the deliberately undervalued price of Sh10milion. The two firms, the documents state, then embarked on rapid construction without obtaining mandatory development approvals from relevant State regulatory agencies.

 “They procured registration as owners of the land through illegality, fraud and corruption and forcibly evicted the DCA and its employees. They forcibly removed the DCA’s costly air navigation equipment and spares and dumped them at sites in Industrial Area and Athi River, causing their degradation from harsh exposure to the elements,” the agency protested in its petition lodged by Rachier and Amollo Advocates.

The owners of Weston Hotel Ltd had deliberately failed to comply with KCAA’s orders to stop construction, despite clear indications that the development along Langata Road posed a threat to air navigation at the adjacent Wilson Airport, the agency said.

“On January 25, the NLC have its determination recognizing and emphasizing that KCAA’s entitlement to and ownership of the land remained unchallenged. The NLC’s decision extensively and justifiably impugned the illegality, irregular and fraud by the three companies, explicitly stating that Priority Ltd and Monene Investments irregularly procured registration of the land,” KACC pointed out.

“However, instead of ordering restitution of the land to KCAA and revocation of the registered titles due to illegal acquisition, the NLC purported to give effect to the same unlawfully acquired title,” the agency protested.