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Robert Omwenga Momanyi, Collins Orina Neriko ,Stephen Kimeu Barisa, Stanley Rimbere Kithia who are accused of assaulting a university student before Milimani Law Courts on Monday May 6,2019./PHOTO BY S.A.N.


Four men caught on a camera assaulting a University Students have been charged before a Nairobi Court.

Robert Omwenga Momanyi, Collins Orina Neriko ,Stephen Kimeu Barisa, Stanley Rimbere Kithia appeared before Milimani Chief Magistrate Martha Mutuku and pleaded not guilty to assaults charges.

They are accused that on the night of May 1, at Estate 24 along Kirichwa road at Kilimani area Nairobi county, jointly with others before court unlawfully did grievous harm to Kelvin Mango Odour.

Collins Orina Neriko alone was further charged that on May 1, 2019 at estate 24 in Kilimani area in Nairobi county, willfully and unlawfully destroyed IPhone XS max valued at Sh 160,000 the property of Kelvin Odour Mango.

They were released on a cash of 300,000 and bond 500,00 each.

The case was fixed for hearing on June ,13.

Court issued production order for the fifth accused person who is said to have have been charged before a Kibera court.


Businessman businessman Joseph Wanjohi and and his wife Jane Wambui Wanjiru before court./FILE PHOTO.


City businessman Joseph Wanjohi and a companies associated with him has lost bid to lift preservation orders prohibiting them from withdrawing 10.5 million from their accounts and transfer of properties claimed to be proceeds of crime.

This is after high court Anti-Corruption judge John Onyiego dismissed the application filed by Joseph Wanjohi , his wife Jane Wambui Wanjiru and Sidjoe Manufacturers and Suppliers seeking to lift prohibition orders obtained by Assets Recovery Agency last year barring them from transacting , withdrawing , transferring over 10 million and the property.
The judge said that it was unfortunate that the law has set a low bar of proof of evidence for a party to obtain exparte orders and even retention of the same by the court. “That being the law, a court can only sympathise with situation but enforce the law at such a low bar based on reasonable suspicion”,.
“This court is satisfied that exparte orders were regularly and lawfully issued and that there are no sufficient reasons to warrant variation to review of the same. Accordingly , application dated December 10,2018 is hereby with no orders as to costs”, ruled Judge Onyiego.
On November last year, High Court issued orders restraining businessman and two companies from withdrawing 10.5 million from their accounts.

Anti-Corruption court further ordered the businessman to surrender his two luxury cars to the Director of Criminal Investigation George Kinoti within seven days failure to which DCI should seize and detain them.

Justice Hedwig Ong’undi issued orders barring Joseph Wanjohi ,Jane Wambui Wanjiku , Sidjoe Manufacturers and suppliers and Marudiono zone Limited from transferring , transacting , withdrawing , using  and other dealing in respect of funds held at Barclays Bank Muthaiga and Barclay’s Bank Moi Avenue.

“Kshs. 10,013,187,60 held in account in the name of Sidjoe Manufacturers and suppliers held at Barclays Bank Muthaiga North Branch Nairobi”. Ordered Judge Ong’undi.

The court also issued preservation barring businessman Joseph Wanjohi from transferring or withdrawing the money in his account.

” Kshs. 575,882,20 held in account in the name of Joseph Wanjohi held at Barclays Bank Moi Avenue branch , Nairobi”. Court further ordered.

The presiding judge further issued orders restraining transfer or sale of two luxury cars Range Rover KBU 950W and Mercedes Benz KCD 299H both registered under the name of Joseph Wanjohi.

The businessman was ordered to surrender the motor vehicles specified to the Director of Criminal Investigation Headquarters within seven days.

Mr Wanjohi was ordered to surrender th original logbooks of the motor vehicles to Asset Recovery Agency.

“In the event the respondents fail to surrender the above motor vehicles as specified , the Director of Criminal Investigation George Kinoti is hereby ordered to seize and detain the motor vehicles specified under order 3 above”. Ordered Judge Ong’undi.

Wanjohi in their application said said their business has stalled as a consequence of the frozen accounts thus jeopardizing their business transactions. They further contended that the preservation orders obtained against the application was open ended without a time frame within which investigations were to be conducted thus jeopardising their business.

They also claimed that majority of their assets preserved were acquired before the year 2099 to 2018 the period alleged that they had received money from illegal activities.  They added that the alleged orders granted were previously the subject of preservation orders before the magistrate’s court for three months since August 28,2018.

Wanjohi, his wife and the company dismissed and termed the allegations that they had been depositing cash in tranches of below shillings one million to avoid detection and questioning by the central bank of Kenya as a non starter.

“Regarding the drinks seized from their home , the applicants averred that they have been since been returned to them as the same constitute genuine import business. Touching on motor vehicle vehicle KBU 940W , the applicants stated that the property does not exist as it was involved in a road accident and same marked as a write off”, stated the ruling.

While disputing involvement in illegal trade on wildlife trophies , they termed the same as trumped up allegations and charges without cogent evidence and they had no relationship with acquisition of their property before July 2018 when those claims were made.

They also stated that they have been engaging in legitimate importation , wholesale and retail business of high beverages including alcohol and attached copies copies of cheques showing various bank slips made to the banks by customers and clients among others.

The Assets Recovery Agency in their response filed replying affidavit by Police Investigating officer dealing with offences relating to Narcotics and wildlife crimes under the proceeds of crime and Money laundering Act Fredrick Muriuki saying a team officers from DCI arrested Joseph Wanjohi and his wife  Jane Wambui Wanjiru who were suspected to be dealing with in illicit trade in wildlife trophies and narcotics and during the search , they recovered from their bedroom four elephant tusks worthybKshs. 700,000 sealed in a cello tape, cash 469,000 and assorted alcoholic drinks worth 700,000 which they suspected were illegally obtained.

IO Muriuki further added that they were charged with Criminal case Number 9 of 2018 at Jomo Kenyatta International Airport Magistrate Court and later received information that they had acquired massive wealth or assets using proceeds obtained from illegitimate trade of wildlife trophies and narcotics drugs thus offending the provisions of proceeds of Crime abd Anti-Money laundering Act 2009.

The agency through Senior Assistant State Counsel Adow Mohammad added that after investigators analysed the bank accounts in question, they revealed massive suspicious cash deposits made in the transaction below 1 million a deliberate attempt to evade detection of money laundering by CBK and they had reasonable cause to believe that the money was acquired through criminal activities and properties like motor vehicles and land were products of illegal commercial activities in this cade wildlife trophies and trade in narcotics.

Mr Adow added that the undue suffered by the couple as a result of the orders was only two accounts that were affected and the other three containing a total amount of Kshs. 341,455 are not affected and they can survive on the same

He further added that the period of preservation orders had not expired and they were in the process of filing forfeiture proceedings.


City lawyer Assa Nyakundi before Makandara Law Courts on Thursday April 25,2019.


City lawyer Assa Nyakundi’s wife, Lydia Kung’a has moved to the High Court seeking to stay a decision by Director of public prosecution (DPP) Noordin Haji to withdraw manslaughter charges against her husband.

In her application filed under certificate of urgency through lawyer Danstan Omari Kung’a also wants the court to bar DPP, Director of Criminal Investigations George Kinoti and Chief Magistrate at Kiambu law court from preferring other charges against her husband relating to the shooting of their late son, Joseph Bongoko Nyakundi pending the hearing of the application.

Kung’a through lawyer Danstan Omari is seeking the orders on grounds that she was not involved when the state made the application to withdraw the manslaughter charges against her husband.

“Without my involvement or the consideration of the families views, the DPP, DCI and the trial court have violated my rights as a victim to be fully involved and informed about the case before court,” she claims.

Kung’a is further seeking a declaration that her role as a victim is active and includes the right to be informed of any action by the respondents (DPP, DCI and Kiambu magistrate court) desire to take in any criminal proceedings preferred against the accused person in the murder of her son.

“Unless this court moves with speed and protects the applicant (Lydia Kung’a) and the rest of the victims, the respondent will continue to politicize and lead to the over publication of information without the victims involvement or consideration of their feelings,” reads the court papers.

She is also seeking orders to quash the decision by the Kiambu court allowing the DPP to unilaterally, whimsically and arbitrary withdrawal of the manslaughter charges against the lawyer.

The applicant further wants the court to call for proceedings before the Kiambu Magistrate’s court for the purpose of making further orders and directions as it considers appropriate to ensure the fair administration of justice.

“A declaration that the DPP and DCI actions of revealing and disclosing her name and that of her son as witnesses for the state is inimical to section 8 of the Victim Protection Act,” she states.

Kung’a further claims that high ranking officers from the offices of the DPP and DCI have even gone to an extent of making public announcements through their constant interactions with the media that herself and his son-Noah Nyakundi are among the key prosecution witnesses, a fact that is hostile to the Victim protection’s Act.

According to the court papers, Kung’a says that on the March 17, 2019 she regrettably learnt from her husband lawyer that he had accidentally shot their son Joseph Bogonko and was rushing him to Aga Khan Hospital for specialized treatment, care and attention.

She further adds that she left the Mater Hospital where she had gone to visit a friend’s son who had been admitted therein and proceeded to Aga Khan Hospital where she was met with the devastating news about the demise of his beloved son

The application by Kung’a comes just a day after the DPP urged Kiambu law court to drop manslaughter charges against Nyakundi.

The DPP’s decision to withdraw the charges comes after DCI boss Kinoti disowned a manslaughter charge against Nyakundi.

Kinoti later interdicted two police officers assigned to probe the killing of Joseph Bogonko.

According to Kinoti, he says that they were not briefed on the final investigation file that was eventually taken to court for the Manslaughter charge.

He also says that the two senior officers alongside two prosecutors allegedly engaged in a “cover up” of the case which they believe there is overwhelming evidence to have a murder charge leveled against Nyakundi.

Nyakundi was charged with manslaughter last week on Friday at a Kiambu Court, after staying in Nariobi hospital for nearly two months after arrest over his son’s killing.

He is accused of shooting Joseph Bogonko his last born to death in what he claimed was an accidental shooting.

The city lawyer is accused of killing his 29-year-old son shortly after they left International Christian Centre along Mombasa Road on March 17.

Nyakundi has since dined the manslaughter charge and is out on a cash bail of Sh 300,000 or a bond of Sh 1 million pending the hearing on the case.

Justice John Makau directed lawyer Omari to serve DPP ,DCI and Kiambu Chief Magistrate Court and appear in court on May 7 for further directions.


Police officers George Gachungui Njoroge, John Otieno Makambogo ,Frederick Herman Otiya and Daniel Orero Okindo before Nairobi Court on Thursday May 2,2019./PHOTO BY S.A.N.


Two police officers, two G4S security guards and a taxi driver have been charged with the recent theft of money from several ATMs at Barclays Bank.

Police officers George Gachungui Njoroge, John Otieno Makambogo ,Frederick Herman Otiya and Daniel Orero Okindo who work as guards for G4S are accused of stealing Sh2,840,000 from Barclays Bank ATM at Kenya Cinema along Moi Avenue in Nairobi.

The four are alleged to have committed the offence on April 16, 2019 jointly with others not before court. The accused persons are also charged with conspiracy to commit a felony, namely stealing.

Patrick Wanyoike Karanja, a taxi driver is charged with stealing Sh1 million from the Bank’s ATM at Matter hospital in Nairobi.

The five denied the offence when they appeared before Senior Principal Magistrate Kenneth Cheruiyot. The court released them on cash bail of Sh500,000 each of alternative bond Sh2 million.

The case will be heard on June 5.


Former Ethics and Governance Permanent Secretary, John Githongo before Justice Sergon where he was being cross-examination by veteran lawyer Kioko Kilukumi for former minister Dr Chris Murungaru who has sued Githongo for defamation on Monday February 20 ,2017.


Former Anti-graft czar has suffered a major blow as the High Court ordered him to pay former powerful security Cabinet minister Chris Murungaru Sh27 million for defamation.

Justice Joseph Sergon ordered John Githongo to pay 20 million for damages, 5 million aggravated damages and 2 million exemplary damages and the amount to attract interests at court rates from today until full settlement.

“Having considered the rival proposals on damages and having taken into account the authorities cited, i am convinced that in both circumstances of this case the plaintiff (Chris Murungaru) should be awarded both general, aggravated and punitive damages”, ruled Judge Sergon.

The learned judge in his 29 judgement ruled that from evidence presented in court John Githongo intended to have the publication to be intensive, global in nature, with intensity and it appeared he wanted to inflict maximum damages to the former Kieni Member of Parliament.

Dr Murungaru had proposed to be paid 100 million for both general, aggravated and exemplary damages  arguing that the intensity and worldwide scope of the publication is unrivaled. He further added that its dissemination was carefully planned and executed to inflict maximum damages to his reputation.

Murungaru testified that on November 22,2005 , John Githongo published and caused to be published a report or a statement which was referred to by print and electronic media as ” The Githongo Dossier” ostensibly addressed to former president Mwai Kibaki.

He claimed that upon reading the aforementioned report and words or statements, he was mentally anguished at adverse , malicious and baseless reference made on him and the publication caused consternation and anxiety among his constituents , family, friends , clergy and business.

The former minister further stated that the publication bwas not founded by any evidence linking him to corrupt dealings but instead the words consist of a pack of falsehoods , rumors , gossips and hearsay.


Former president Mwai Kibaki did not act on a report prepared by ant graft czar, John Githongo who had exposed the controversial Anglo-Leasing scandal.

The court also heard that Githongo did not act on a request made to him by former Chairman of the defunct Kenya Anti-Corruption Commission (KACC) boss, retired Appellate Judge Aaron Ringera, who had invited him to shed light into the corruption saga.The Anglo-Leasing scandal had at the time, shocked the country, and caused several senior state officials to resign.Githongo had resigned on February 2, 2005, while on an official trip to London that had started on January 24, 2005.

He had sent his dossier to then President Kibaki on November 22, 2005, long after he had quit the civil service but no action was taken despite public uproar, he told High Court Judge Joseph Sergon.

The former PS said he had met former Energy minister Simeon Nyachae on October 20, 2014, and discussed high-level corruption that had permeated Kibaki’s administration. Murungaru and some of his Cabinet colleagues were allegedly involved in a mission to secure Sh5 billion from corrupt activities for political campaign purposes, he said.

The former PS recalled that the special audit report by the Auditor-General dated April 10, 2006, relating to the 18 contentious government contracts did not specifically identify Dr Murungaru as a suspect in corrupt dealings.

There existed no tape recording of his conversations with Dr Murungaru relating to the contracts, he said.

Githongo was put to task over his assertion that Dr Murungaru had orchestrated his transfer from State House to the ministry of Justice and Constitutional Affairs over his active involvement in the war against corruption.


former National Land Commission Muhammad Swazuri with his co-accused before Milimani Anti-Corruption Court .

High Court has dismissed a petition by two officials of the National Land Commission (NLC) who sought protection from the court accusing the anti-graft body of harassment.

Dr Salome Munubi, a director valuation and taxation at NLC and her deputy Joash Oindo filed the application before the High Court accusing Ethics and Anti-Commission (EACC) of victimization, intimidation and harassment them and their families in the guise of carrying out investigations.

Oindo also sought to be reinstated back to his job, alleging that he was “forced” to go on compulsory leave with giving him a hearing.

The two claimed that investigations into compensation of the standard gauge railway (SGR), Port Reitz/Moi International Airport access road and for Mombasa Southern by-pass-Kipevu road are in bad faith and have not been a genuine effort towards the enforcement of the Anti- Corruption and Economics Crimes Act.

But after hearing the case, Justice Mumbi Ngugi of Anti-Corruption division said she cannot stop an investigative agency from carrying out its mandate. “They may also view the acts of the respondents as harassment.

However, I do not believe that a court can properly restrain a state investigative agency form carrying out its constitutional mandate only because it is causing harassment and embarrassment to the applicants,” the Judge said.

She added that the two must demonstrate that they are likely to suffer real prejudice, an element they were unable to demonstrate.

The court also dismissed an application seeking to compel EACC to produce a CCTV footage of an interview conducted by the commission and Mr Oindo as well as documents confiscated from their homes.


Kimilili Member of Parliament Didmus Wekesa Barasa Mutua.

Kimilili Member of Parliament Didmus Wekesa Barasa Mutua has been allowed by the High Court to challenge a decision by the Secretary of the firearms licensing board to return his gun as well as renew his firearm certificate.

Justice John Mativo further directed Firearms and Licensing Board Secretary to return the confiscated firearm to the MP without further conditions.

The Court also prohibited Ministry of Interior and Coordination from recalling or causing to be recalled by himself or acting through his agents employees or servants the two police officers currently attached to the MP until hearing and determination of the application.

In a case filed under certificate of urgency, Barasa also sought an order prohibiting the Interior CS Fred Matiang’i from recalling the two police officers currently attached to him, pending the hearing the hearing and determination of the case.

Through lawyer Dunstan Omari, the MP claims that no cause has been given in writing or otherwise, for the withdrawal, a move he termed as unconstitutional.

Mr Barasa said he was apprehensive that the CS was likely to take further actions against him such as withdrawing or causing the withdrawal of his security.

“The applicant has been vetted and cleared multiple times has never been nor is he currently accused of any violations of the use of firearm,” stated Omari in the application.

He said through an oral order of April 25, 2019 the secretary neglected, refused or failed to renew Mr Baraza’s firearm certificate. He further said his Glock 19 Gen4 9-millimeter firearm assigned to him, was confiscated.

He said the action puts the MP’s life in eminent danger as he has been receiving consistent and current threats to his life by unknown people.

He said Barasa was a victim of robbery with violence in January 2019 along Mombasa Road which he would not have survived the ordeal had he not been armed. He said the DCI has ascertained the death threats to be viable and active threats.

The secretary of the firearms licensing board, the firearms licensing board, the Attorney General and the cabinet Secretary ministry of interior and coordination of National Government are the respondents in the case.


City lawyer Assa Nyakundi before Makandara Law Courts on Thursday April 25,2019.


The police are likely to prefer a charge of manslaughter against city lawyer Assa Nyakundi who is suspected to have shot dead his son.

Investigating Officer attached to Homicide at DCI headquarters Sergeant Oliver Nabonywe from DCI headquarters told Makandara Court magistrate that Nyakundi is likely to face murder , manslaughter charges or any other that director of public prosecution may recommend.

Nyakundi was presented before a Makadara court today and the police were allowed to detain overnight as they conclude investigations.

Nyakundi who was being represented by four lawyers and appeared for the first time in court is suspected of killing his son in Muthaiga last month.

Investigating officer Oliver Nabonywe told the court he took over the case from PC Joseph Munene from Starehe DCI.

” I rely on the affidavit by PC Munene and I want to confirm that we are through with investigations but since the responded was discharged from hospital Wednesday evening, I wish to request the court to detain him for one day to be able to process his contents”, the prosecution said.

Nabonywe requested the court to detain Nyakundi at Muthaiga police station to enable them prepare the contents of his case before being charged or as will be directed by the DPP.

“We have to interrogate him, take his finger prints and visit the scene of crime as Nyakundi is likely to face charges of murder, manslaughter or any other charge as directed by the DPP”, the court was told.

The prosecution asked court not to release the suspect on bond as there were compelling reasons for him to face a murder charge.

Defence lawyers Ken Nyaundi, Cliff Ombeta, Sam Nyaberi and another did not oppose the application by the prosecution but requested the police to complete their investigations as early as 12pm on Friday and bring Nyakundi back to court.

“Visiting the scenes of crime might take a couple of hours and taking finger prints cannot take long time. Let the matter be mentioned tomorrow at noon”, Lawyer Ken Nyaundi said on behalf of other lawyers.

He added that though Nyakundi had been released from the hospital, he was still under medical attention by his private doctor.

“Our client is still under medication as he needs to be under insuline treatment.
This is a painful personal problem to the suspect as he is still under intensive depression, battling high level of BP as well as he has a fluctuating diabetes”, he said.
He urged the court to admit the suspect to bail or bond.

He added that Nyakundi is an advocate and there was no reason why he can’t abide by court as required.

The prosecution however asked the court to consider their application bearing in mind that all persons are to be treated equally despite him being an officer of the court.

Chief magistrate Heston Nyaga in his ruling said the matter was of public interest and granted the prosecution the application.

“This is a matter of public interest however, the request by Investigating officer is allowed. Nyakundi will be detained at Muthaiga police station and police should make sure he gets access to his medication. For bond it’s pre mature to rule at this stage as the case will be mentioned today”, Nyaga ruled.

Nyakundi was discharged on Wednesday evening from Nairobi hospital where he has been for six weeks after falling sick during his arrest.


City lawyer Guy Spencer Elms leaving court after he denied forging will in sale of price of land at Milimani Law courts on Thursday September 7,2017 /PHOTO BY S.A.N.

A Nairobi businesswoman wants the High Court to quash a decision by the Director of Public Prosecutions to withdraw forgery charges against lawyer Guy Elms Spencer.

In an application filed under certificate of urgency, Agnes Kagure through Osundwa & Company Advocates, wants the court to quash the entire decision made on March 20, directing the withdrawal of the criminal case.

Kagure says she wrote to the DPP on March 28 asking for reasons and documents in support of their decision to withdraw the case. “On April 1 and 13, the applicant again renewed the request for reasons from the DPP this time under Article 35 of the  Constitution citing the right to information but to date, there is no response from  the respondents,” the court documents state.

She says the magistrate’s ruling and the DPP’s action have infringed on her rights.

She adds that the court and DPP relied on evidence not presented in court to arrive at a decision and they willfully disregarded a plethora of other evidence in the matter which could have sustained the case.

Spencer had been charged with forging a will but the DPP withdrew the charge saying he found new evidence, and which dented the case.


Former Electronics Group of Companies in East Africa Chief Executive officer Tob Cohen with his lawyer Danstan Omari at his home.

A Dutch businessman who has lived in Kenya for more than 30 years has moved to court seeking protection accusing his wife of harassing him using police officers.

Tob Cohen, a former Electronics Group of Companies in East Africa Chief Executive officer sought intervention, after his wife Sarah Wairimu pressed assault charges against him.

The Dutch businessman accused his wife of using friendly police officers to fabricate assault charges against him. Sarah was his personal assistant on the May 30, 2007 but thereafter moved in with him.

Through lawyer Dunstan Omari, the Dutch stated that soon thereafter, they began experiencing deep misunderstanding occasioned by Sarah’s demands to have a fifty percent (50%) stake in his situated at Farasi Lane.

The dispute over the property has resulted into a number of instances that Sarah has expressly been disrespectful to Cohen, being scornful and by use of emotional blackmail demonstrated by denying him his conjugal rights.

In a letter, Omari further alleged that Sarah has consequently taught her daughter- Renee Chettle, Cohen’s step daughter, to be disrespectful towards him whether in public or within the family set up.

“The aforesaid disrespect has since been exacerbated by defamatory statements levied against our client’s with accusations being peddled by Sarah that he has previously sought sex from their daughter’s male and female friends,” said Omari in the letter.

The 69 year old businessman has been living in Kenya since 1987, when he came to Kenya as the Chairman and the Chief Executive officer of the Philips (Electronics) Group of Companies in East Africa.

Sometime in 1991, Cohen single-handedly incorporated Tobs Limited, a company which promotes Kenya as a superb golf destination.

“That through our client’s determination and hard work, his company grew and blossomed, and as a result, sometime in June 2000 he purchased land at Farasi Lane, LR 2951/449 measuring 0.3162 hectares, where he presently lives and calls home and also the centre of dispute,” the letter reads.

The businessman commenced divorce proceedings this year under a certificate of urgency, accusing Sarah of cruelty. He said at one time, she pushed him downstairs, causing him serious injuries.

He filed a case at Parklands police station but Sarah allegedly fabricated assault charges against him at Gigiri police station.