A former Bamachoge parliamentary aspirant has been charged with conspiracy to defraud a company of Sh1.6 million.
Credius Nyamwange Oigara appeared before Milimani Senior Principal Magistrate Benmark Ikhubi and denied the fraud charges.
The politician is accused of defrauding James Njukia Thuraz who trades as Manyota Investment Limited of Sh1.6 million, an offence he allegedly committed on the diverse dates between 15th and 13th April 2023 in Nairobi county.
Oigara was further accused of pretending that he was in a position to effect an eviction order issued by Mavoko Law court in a land case.
He is further accused that on diverse dates between 5th and 15th Аpril 2013 in Nairobi , jointly with others not before court, he allegedly obtained Sh1 million from a firm trading as Manyata Investments Limited.
The prosecution told the court that on the 5th day of April 2023 Nairobi Central Business District, the politician defrauded James Njukia Ihura Sh1.6 million falsely representing himself as an advocate.
He was released on a bond of Sh500,000 or directed to post an alternative cash bail of Sh300,000 pending the commencement of the trial.
Attorney General Dorcas Oduor has opposed a petition by a city lawyer challenging the government’s move to exempt Blue Nile Rolling Mills ltd from paying Sh188 million of taxes.
The AG argues that petition by lawyer Apollo Mboya does not disclose the source of any information or his belief as required by the law.
She submitted that the lawyer saying he has not demonstrated any prejudice he will suffer if the orders sought are not issued.
The lawyer moved to court seeking to block the government from enforcing the Operating Framework Agreement (SOFA) dated 30th January 2020 and any subsequent amendment and or variation.
But according to the Attorney General, lawyer Mboya is seeking orders to infringe on the constitutional mandates and discretion of state offices at interlocutory stage contrary to the doctrine of separation of powers.
“The lawyer seeks to unconstitutionally undermine the authority of the legislature as expressly provided under Article 210(2) of the constitution and also the functions and authority of the auditor general,” says AG while opposing the case.
The AG further argue that lawyer Mboya is improperly seeking the usurpation of the function the national government in the determination of national economic policies and economic activities which owing to its polycentric nature is within the remit of political organs of State and not the judiciary..
Lawyer Mboya argues that he moved to court with utmost national public interest in the wake of an economic crisis distressing all citizenry.
He said the provisions introducing and legitimizing such frameworks between the government and ‘special’ entities arbitrarily as it unjustifiably grants them blanket tax exemptions and reduced tax rates.
The lawyer said the provisions introducing and legitimizing such frameworks between the government and ‘special’ entities arbitrarily as it unjustifiably grants them blanket tax exemptions and reduced tax rates.
Mboya said the majority of Kenyans and manufacturers will suffer the effects of a dwindling economy with little reprieve owing to the continued and excessive loss of colossal amounts.
“Without a shred of doubt, CS Treasury and Trade and Investment, unless the conservatory orders sought herein are granted, will continue exempting companies from numerous taxes to the detriment of Kenyans,” he said.
Mboya added if the position is suspended, nothing that will be lost to both the government and Blue Nile Rolling Mills ltd since taxation is a burden that should be borne by every Kenyan in the country through a sound legislative process.
He said the continued application and or implementation of the regulations and the SOFA granting an unfair and unconstitutional advantage to Blue Nile Rolling Mills ltd against other steel manufacturers will imminently and undoubtedly sound a death knell on their businesses as the same will no longer be commercially viable owing to the extremely unfair and uncompetitive market resulting therefrom.
“In the inverse, where the interim relief is granted, Treasury, Trade, KRA and AG will not suffer any prejudice whatsoever as where the Court finds the provisions on the Special Operating Framework Arrangement to be legal and Constitutional, the Blue Nile Rolling Mills ltd will enjoy the exemption granted,” he said.
He said the agreement has orchestrated the colossal loss of revenue to the government in the sum of Sh188.9 million.
Former Cabinet Minister and Jubilee Secretary General Raphael Tuju in court during proceedings./PHOTO BY S.A.N.
BY SAM ALFAN .
Former Cabinet Secretary Raphael Tuju and Dari Limited have moved to court seeking to block East African Development Bank from auctioning his two hotels in Karen.
Tuju rushed to court after the regional lender advertised for sale his two properties in Karen over a disputed loan.
The former minister sought a temporary injunction restraining EADB and Garam Investment Auctioneers from auctioning Entim Sidai Wellness Sanctuary and Tamarid Karen and Dari business Park, all situated in Karen.
He also sought orders to stop recovery proceedings commenced by the lender before the High Court, seeking to recover USD 35, 057, 622.14 from him and company, pending the hearing and determination of this application.
“Unless the orders sought in this application are granted, there is imminent risk that my’ property will be disposed by way of public auction on 1 October 2024 without the due process of the law being adhered to,” Tuju and Dari told the court.
He further urged the court to hold the pending insolvency cases in abeyance, until the hearing and determination of his case.
He told the court he stand to suffer prejudice and irreparable harm should the court decline to grant the orders sought, yet the lender will suffers no prejudice should the application be allowed.
Tuju and his company said the Bank have never issued with a statutory notice as required by Section 90 of the Land Act, which ostensibly ought to indicate the amount payable to them so as to rectify the default.
According to the former CS, the Bank and auctioneer have further not conducted any forced valuation on the suit properties prior to advertising the same for sale by way of a public auction for purposes of establishing the reserved price, the amount the Bank would recover from the said sale and the amount payable to him after the Bank recovers the amounts allegedly owed to it.
He challenged the constitutionality and validity of the loan agreement dated 10th April, 2015 which was secured by charging the properties.
“The success of the herein above mentioned suit by me and company ineluctably renders any debt supposedly owed to the Bank by me null and void, and therefore unpayable to them. Without the intervention of the Court as sought by me and company in this Application, we face the impending danger of illegally being deprived of their properties contrary to Article 40 of the Constitution,” Tuju told the court.
He added notwithstanding the above, there is pending recovery proceedings in court.
“The said amount is identical to the amount the Bank seeks to recover from the sale of the suit properties by way of public auction,” he further told the court.
Missing MCA- Della Ward, Minority Whip Yussuf Hussein Ahmed./PHOTO COURTESY.
BY IRENE ONYANGO.
Director of Criminal Investigations (DCI) Mohamed Amin has been ordered to produce Dela Ward Member of County Assembly Yussuf Hussein Ahmed who went missing over weeks ago.
High court judge Alexander Muteti further ordered the DCI and Inspector General of Police Douglas Kanja to give an explanation of Hussein’s whereabouts, if they will not be producing him in court on Friday September 27.
“Chebii for the D. P. P. do take instructions from the Inspector General of Police and the Director of Criminal Investigations and return to this court tomorrow at 10:00am with proper instructions to enable the court give proper directions regarding the disposal of the main application,” ruled Judge Muteti.
The court further ordered the Attorney General be served and appear in court or send a representative in the matter.
Further, the court has admitted Law Society of Kenya as interested party in the Habeas Corpus application for the release of the missing MCA Yusuf Hussein Ahmed.
“The Law Society of Kenya and HAKI AFRICA be and is hereby admitted to proceed to participate in the proceedings henceforth,” ordered Judge Muteti.
The court also ordered the Director of Public Prosecution to obtain instructions from the IG and DCI and return with proper instructions to enable the court to give the proper directions regarding the disposal of the main application.
The family of the missing MCA moved to court seeking the court to compel the Police to produce him or give information on his whereabouts after he was abducted in a taxi.
Abdikadir Adibdullahi Ahmed, Hussein’s cousin had said the Deputy Inspector General of Police and Amin should appear in court and explain their relative’s whereabouts.
The family is apprehensive that their kin was abducted by police officers.
They said the police have refused to either allow his family to visit him in custody or refused to present him before a court of law, in case there are charges against him.
The family said their kin went missing on the night of September 13, 2024 at South B estate.
They alleged that he was forcefully removed from a taxi that he had ordered from the said estate at 8pm and bundled into another vehicle.
The High Court has stopped an Annual General Meeting (AGM) for Nairobi Hospital, which was scheduled for Friday, September 27.
Justice Peter Mulwa stopped the AGM dashing the hopes of more than 400 members of the Kenya Hospital Association (KHA), who had already booked a hotel for the meeting.
And in a new twist, the members through lawyer Amanya Cohen (Ahmednasir Abdullahi law firm), Ochieng Odour and Bwire Wanjala sought the lifting of the injunction saying that the board, which stopped the AGM, did withheld material facts from the court.
“The matter is extremely urgent, and cannot await determination of the suit and or hearing of the application inter-partes,” the members said in the application.
The members said the court was not informed that the Extraordinary general meeting was requisitioned as required by section 278 (1) of the Companies Act, the Requisition having been served on 2nd August 2024, and the notice of the meeting was to be published within 21 days.
The members said the application resulting in the order was disguised as a defamation suit, however, the import of the Order is to stay the already requisitioned meeting as per the law.
The court heard that the order sought to bar the members from convening the meeting called on 2nd August 2024 during which, all issues will be addressed at the floor of the meeting where the board would have an opportunity to defend themselves and members will either pardon them or send them home.
According to the members, the Company has failed to convene the meeting within the prescribed time and in accordance with provisions of section 279 (1) of the Companies Act.
“We have since called for the members meeting and we issue you with a notice of the same,” state court papers.
The Members said they had issued the notice on time, paid for the venue and they are ready to proceed with the meeting for the removal of the Board of the Nairobi Hospital Association.
The said order in itself and implication derails exercise of a legal, even constitutional right of the members of a Company, to recall a non-performing Board of Management, as allowed by the Companies Act and the Company’s Articles of Association and it’s not within the purview of the Court to stop a members meeting in the interim.
The instant suit is a desperate attempt by the Plaintiff in gross abuse of judicial process to use the Court process as a shield against lawful proceedings and subject themselves to members either to remove them or sustain them. The instant suit is an exemplification of cowardice by the Plaintiff.
“Like a cornered rabbit, the Plaintiff is frightened to face the members of the Kenya Hospital Association in an Extra Ordinary General Meeting, who elected them to office and whose trust he has egregiously violated,” says the doctors.
The said Order of Court as issued is highly illegal and irregular, that it is by that effect null and void for contravening provisions of Order 40 Rule 4(2) of the Civil Procedure Rules, which obligate that an ex parte injunction shall not be issued for more than 14 days.
Businessmen Mohamed Mohamud Abdi and Bashir Ali Gabow before court where they denied charges./PHOTO BY S.A.N.
BY IRENE ONYANGO.
Two Eastleigh businessmen have been charged with defrauding a businesswoman Sh12 million in a fake clothes importation deal.
Mohamed Mohamud Abdi and Bashir Ali Gabow appeared before Milimani Senior Principal Ben Mark Ekhubi and denied the charges against them.
Mohamud and Ali are accused that on 10th May, 2018 at Eastleigh in Nairobi County, jointly with others not before court obtained 100,000 USD from Fatuma Hassan Osmani (Khadija) falsely pretending that they would facilitate the importation of clothes from China.
Last month, Court declined DCI application to detain them pending investigations into allegations of money laundering.
Milimani Magistrate Martha Nanzushi directed Mohammed Mohammed Abdi and Bashir Ali Gabow to deposit a bond of Sh500,000 each or cash bail of Sh200,00 each as police probe the allegations.
Inspector Patrick Omondi had asked the court to detain the two at Capitol Hill police station for two weeks and also surrender their phones for analysis.
“The investigators are intending to ascertain the identity of the respondents from the registration bureau and immigration department. The presence of the respondents during the investigations is crucial in identifying more of their links and their accomplices who are still at large,” Inspector Omondi.
He argued that it was desirable to conduct proper forensic investigation on the phones of the respondents to ascertain some allegations of communications with our sources.
“Preliminary analysis of data stored in the suspect’s mobile handset, and Sim- card reveal that the suspects have connections with several other key players which may lead to other arrests of suspects still at large. It is desirable for the investigating officers to record statements from different witnesses some of whom are close associates of the respondents who might not feel comfortable if the respondents are at large,” he told the court.
The officer said it was necessary to detain the duo to prevent the duo from moving out of the country since they are a flight risk.
According to the police report, the duo were allegedly captured in a cctv camera being given the Sh 12.8 million to facilitate clothes being brought to Kenya from China.
When Mohamud and Ali were questioned by the said Police, they agreed to return the money to Khadija which stopped after the two paid her Usd 30,000.
The court released the two on a bond of Sh 2Million or an alternative cashbail of Sh 1 million each.
A company associated with a wealthy city lawyer has sought to join a case seeking to stop Safaricom and industry regulator from blocking Starlink from entering the Kenyan market by providing satellite internet services.
Goodweek Inter-Services limited want to be enjoined in the case filed by Kituo Cha Sheria as an interested party.
The company argues arguing that the case has been instituted by Kituo Cha Sheria as a proxy of Safaricom.
According to the dealer, the case has been filed with the sole and impermissible purpose of corrupting the commercial and regulatory landscape and to retain and sustain an altogether impermissible monopolistic control of the telecommunication market in Kenya by Safaricom.
“It is just and fair that the Applicant is allowed to be joined as an interested party in this Petition,” Goodweek Inter-Services ltd urged the court.
The company said there has been a consistent pattern that any threat to the dominance of Safaricom triggers a perverse scheme in which Kituo is co-opted to block the threat.
“This is what happened to Equity Bank’s thin-sim-card revolutionary technology that was going to obliterate Mpesa. Kituo was conscripted by Safaricom to lodge a surrogate suit to block the introduction of Equity Bank’s revolutionary technology with Kituo deploying Stalingrad tactics to delay the implementation of the said technology for more than year for the benefit of Safaricom,” says Goodweek Inter-Services ltd in court documents.
The company adds that Safaricom’s lawyers managed, advised, monitored and supervised Kituo’s ‘surrogate’ suit in that particular instance including extracting and collecting the court orders issued against Equity Bank.
“The details of this unholy alliance between Safaricom and Kituo are detailed in a prior suit before this Court being Constitutional Human Rights Division Petition No. E299 of 2024 Goodweek Inter-Services Limited vs Safaricom PLC & 3 Others which was filed on 21st June 2024, way before the current suit,” the firm said.
The company said the fact that Safaricom deployed Kituo Cha Sheria in the case whilst it was fighting the said prior suit speaks to the consistency and the deployment of Kituo as the go to surrogate of Safaricom.
“These Safaricom surrogate suits are never intended to succeed (and ultimately never succeed) but are designed to deflect, forestall and frustrate market disruptions to Safaricom’s dominance, as the outcomes of the surrogates suits eventually and eminently confirm,” company stated in it court documents.
The company said Kituo invariably only litigates on matters related and beneficial to Safaricom in the telecommunication sector and not otherwise.
“In this current surrogate suit, it is intended for the matter to be referred to the 2nd and 3rd Respondent, which are under the total and complete control of Safaricom’s pervasive influence capture of Safaricom and which are guaranteed to produce a result favourable to Safaricom, without Safaricom appearing to be the prime mover of the process. This is the case made out in the prior said suit of HCCHR Petition No. E299 of 2024-Goodweek Inter-Services Limited vs Safaricom PLC & 3 Others,” state Goodweek Inter-Services ltd.
It is the firm’s argument that fearing the possibility of antagonising Starlink Limited and its owner Elon Musk, Safaricom has created a pretended “plausible deniability” defence through the surrogate petition.
“This surrogate suit is certain to explode a major conflict between the government of the United States of America and the Government of Kenya in the subsisting trade negotiations between the two countries, to the prejudice of the people of Kenya. Safaricom does not care about this consequence,” the company further state in the court documents.
According to Goodweek Inter-Services ltd, the conduct of Safaricom will attract the attention of the United States Securities Exchange Commission [“SEC”] and sanctions will flow from this racketeering scheme which is an offence under the Foreign Corrupt Practices Act.
The conduct of Safaricom in the perpetuation of its monopolistic practices is the subject matter of the aforesaid HCCHR Petition No. E299 of 2024 Goodweek Inter-Services Limited vs Safaricom PLC & 3 Others.
“The illegal, corrupt, and anti-Kenya conduct of Safaricom ought to be investigated in the same suit as opposed to having several processes investigating the pervasive influence of Safaricom,” adds the company.
It further state that the bastardisation of Kituo is against the constitutive instruments of this erstwhile advocacy organisation, a betrayal of the founding fathers of the organisation amongst whom are prominent jurists.
The company application is supported with affidavit sworn by Head of Administration Salmon Ogwel who adds that Kituo invariably only litigates on matters related to and advantageous to Safaricom in the telecommunication sector and not otherwise.
“In this current surrogate suit, it is intended for the matter to be referred to Communication Authority of Kenya and Competition Authority of Kenya, which are under the total and complete control of Safaricom’s pervasive influence and “regulatory capture” and which are guaranteed to produce a result favourable to Safaricom, without Safaricom appearing to be the prime mover of the process. This is the case made out in our earlier Petition which was filed prior to the Petition herein,”says Ogwel company head administrator.
Ogwel further adds that the pretended posture of the current petition positing the view that it has been brought in order to protect the Kenyan public against Safaricom’s attempt to block the continued provision of services by Starlink is but a known strategic ruse. A stay (pending regulatory hearings and determination) is the clear intent of the Petitioner and its master, Safaricom.
The government has been blocked from leasing a 15,000-acre parcel of land in Taita Taveta County to private entities, pending the determination of a case lodged by the county government.
Environment and Land court in Voi put on hold the plans to lease Bachuma LMD Farm in Maungu area, pending the resolution of the dispute through the Intergovernmental Relation Technical Committee.
Justice Edward Wabwoto directed the committee to resolve the matter amicably within two months.
“An order restraining Ministry of Agriculture, Lands Ministry and Attorney General or the Government of Kenya in general, or its agencies, from awarding, implementation or giving effect in any way whatsoever or howsoever to Tender NO. MOALD/SDA/BLQS/IT/01/2024/2025 for the Lease of Bachuma livestock Quarantine facility station in Management, development and maintenance for screening and shipment of livestock and or leasing, alienating or interfering in any way whatsoever with all that land known as BACHUMA LMD FARM, situated in Maungu Area, Taita Taveta,” the court stated.
Through lawyer Paul Maingi Musyimi, the county government submitted that the developed unit was not consulted or the process subjected to public participation, despite its magnitude.
“Despite the magnitude and the socio-economic implications of the proposed project, the County Government of Taita Taveta was not involved as a stakeholder and neither were residents of Taita Taveta County engaged through a public participation or local referenda as contemplated under Article 10 of the Constitution and Section 87 of the County Governments Act [2012],” lawyer Maingi told the court.
He said the proposed leasing has disregarded the constitutional as well as Legislative safeguards for alienation of public land, thereby resulting to gross violation of the Constitution and an affront to the rule of law.
“The great people of Taita Taveta County risk losing out on the exploitation of a strategic asset to both the National Government and private entities thereby prejudicing their socio-economic rights as contemplated under Article 43 of the Constitution,” county Government told the court.
The Taita Taveta County county secretary Friday Mwafuga said the land is among the vast properties is the Bamucha LMD Farm.
Mwafuga told the court that since the floating of the Tender by the Agriculture Ministry and National Land Commission, the county Government have attempted to iron out the glaring overreach and un-procedural pursuit.
However, the same has not been fruitful thereby prompting the county government to move to court and seek resolution of the matter through the IGRTC.
“Despite the magnitude and the socio-economic implications of the proposed project, the County Government of Taita Taveta was not involved as a stakeholder and neither were residents of Taita Taveta County engaged through a public participation or local referenda as contemplated under Article 10 of the Constitution and Section 87 of the County Governments Act [2012],” Mwafuga told the court.
Mwafuga further told the court that the great people of Taita Taveta County risk losing out on the exploitation of a strategic asset to both the National Government and private entities thereby prejudicing their socio-economic rights as contemplated under Article 43 of the Constitution.
Lawyer Dennis Kamau Kariuki before court covering himself with a hood./PHOTO BY S.A.N.
BY NT CORRESPONDENT .
A Nairobi court has deferred charging a Nakuru lawyer accused of forging a court order.
Lawyer Dennis Kamau Kariuki appeared before Milimani Principal Magistrate Geoffrey Onsarigo covering himself in a hood.
The lawyer failed to plead to the charge after his lawyers claimed he has suffered from a mental challenge and needs to needs a psychiatric check-up.
His lawyers requested two weeks to have Kamau be taken to Chiromo for a psychiatric assessment to confirm whether he was fit to face the charges.
They said that Kariuki has been undergoing depression following the demise of his mother a month ago. The defence team urged the court to consider the application for deferment of plea taking to two weeks since his mental capacity to face charges is in question.
The prosecution opposed the application adding that no document adduced before the court in support the claims.
However, the magistrate allowed the application to defer plea to September 26.
The court also dismissed an application seeking proceedings to be in camera.
In his ruling the magistrate ruled that no compelling reasons given before the court to grant such an orders.
Senior counsel Ahmednasir Abdullahi,former Law Society of Kenya Presidents Eric Theuri and Nelson Havi who are among who people who have expressed their dissatisfied action with Justice Lawrence Mugambi to let Deputy Inspector General Gilbet Masengeli out of the hook.
BY SAM ALFAN.
Senior counsel Ahmednasir Abdullahi and former Law Society of Kenya Nelson Havi have expressed dissatisfaction in the manner in which High Court judge Lawrence Mugambi handled the matter of Deputy Inspector General of Police Gilbert Masengeli.
Ahmednasir said Masengeli saga had left the Judiciary totally damaged and left the reputation of justice Mugambi in tatters.
According to the lawyer, the Court was obviously intimidated and clueless.
He also turned the heat on Chief Justice Martha Koome saying she deliberately turned a blind eye “to this epic capitulation or capture of the Court”.
Havi said that Judge Mugambi succumbed to State threat to set embattled DIG Masengeli free this evening. In a long post on X, Ahmednasir questioned where Justice Mugambi find jurisdiction to sit on appeal on the 6 months sentence he previously imposed?
“What really happened behind the scenes that forced Justice Mugambi to literally run away from his judgment? …iko maneno!
Ahmednasir, a fierce critic of the Supreme Court noted that such was the problem with the Kenyan courts.
Justice Mugambi heard a contempt of court application seeking to hold Masengeli in contempt of court. He heard all the parties, and after evaluating the evidence and law sentenced, Masengeli to 6 months prison sentence.
Masengeli was dissatisfied with the Court’s judgment and appealed to the Court of Appeal as of right. The Court of Appeal refused to grant him a stay of the prison sentence.
“Masengeli came back to the High Court to surrender so that he serves his prison term. Then suddenly, some shenanigans start occurring, Kenyan style. Then we suddenly hear that Masengeli wants to apologise to the court as if the contempt was something personal to the judge. He then apologises, and Justice Mugambi shredded his previous judgment and threw it into the dustbin,” said Ahmednasir.
“Once he was sentenced, how does the issue of apology arise?”
Havi said Judge Mugambi cannot sit on appeal of his decision and set aside the sentence and conviction of Gilbert Masengeli.
“As expected, the Judge succumbed to threats from the State. It is a manifestly erroneous decision that must be challenged on appeal for legal posterity,” said Havi. According to Havi, the judge is not bold enough to sustain the sentence Masengeli.
“There are however great gains in this fight. It has secured the release of Bob Micheni Njagi, Jamil Langton and Nadim Hamed and warned the State that the People are supreme,” Havi adds.
In the morning, Havi had said since Masengeli had already filed an appeal before the appellate court, Judge Mugambi was ceased of the matter because the matter was pending before a superior court.
Havi had earlier exchanged words with Attorney General after he said he found it extremely deplorable that the office of Attorney General would admit there was interference with the judge.
Havi had referred to statement by AG stating that the State made discreet attempts to reach Justice Lawrence Mugambi and explain to him why Gilbert Masengeli could not honour summons to appear in Court.
“It is interference with the Court’s independence,” Havi said.
AG Dorcas Oduor objected to Havi submissions adding that she didn’t say there were attempts to interfere with the judge.
Former LSK President Eric Theuri added his voice saying that Judge Mugambi has done something strange. He has sat on appeal on his own decision & set aside a conviction. Strangely again, he has recused himself from the proceedings for personal reasons. Indeed, we are living in extraordinary times!
From several post on X by difference people including lawyers suggest a number of people are not happy with judge decision to set aside his ruling and sentencing of Masengeli who apologized to the Judge and Judiciary.
Several argue decision by Mugambi to let Masengeli out of the hook by mere explaination will enable any government official to disobey court orders and turn up later armed with affidavit, sworn in ,smile to the judge and will be let free.
People questioned why Attorney General and Solicitor General turned up to defend Masengeli who had his own lawyers from private practice.
