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The graft purge that saw former Treasury CS Henry Rotich and his PS Kamau Thugge axed widened with the DPP seeking CMC DI Ravenna representative in Kenya for prosecution.

However, the High Court in a judgement stopped the Director of Public Prosecution Noordin Haji from preferring fraud charges against the advocate who registered the Kenyan arm of the Italian firm accused of receiving billions of shillings for the construction of Kimwarer and Arror dams.

Justice Mumbi Ngugi ruled that the petition by Richard Malebe was merited because his only role in the company was its registration.

“I take the view that the DPP, in seeking to prosecute the petitioner, is identifying the petitioner with the acts allegedly committed by the company that he had, several years prior to the perpetration of the alleged offences, participated in the local registration of and was indicated as the authorised person for purposes of registration,” Justice Ngugi said.

Malebe said he only registered the company- CMC Di Ravenna Kenya -in his professional capacity and played no role in stealing the funds as alleged.

While seeking to stop his prosecution, Mr Malebe said the DPP was abusing the court process by preferring fraud charges against him.

He denied being a director, shareholder or official of the company but said he executed the forms as a company secretary as well as the person authorised in the Companies Act, to accept service of process and any notices required to be served on the company in Kenya.

But the DPP through Taib Ali Taib said Mr Malebe’s role was not only to register the company, but he was also a director, the company secretary and its representative.

Former Cabinet Secretary Henry Rotich, PSs Kamau Thugge, Dr Susan Koech and former Kerio Valley Development Authority (KVDA) managing director David Kimosop among others, have denied fraud charges over the construction of the two non-existent dams.

The companies, CMC Di Ravenna Itinera JV and CMC Di Ravenna Itinera JV Kenya branch, together with Mr Paolo Porcelli are accused of fraudulently receiving USD 33,663,324 between December 7, 2014 and September 7, 2018.

The DPP had argued that there was evidence, including CR12 from the registrar of companies, showing that he was the company secretary.

“He is only posing as an innocent advocate for sympathy. Not only was he identified and described as a director of the company but also its authorized person. By his own admission, he confirmed that he is the company secretary since its registration in October 2014,” he said.

The court heard that although the contract was awarded to CMC Di Ravenna Itinera- South Africa, the Kenya branch received Sh4.3 billion for Arror and a further Sh3.5 billion for Kimwarer multi-purpose dam.

Mabele maintained that he only rendered his professional services.




Keroche Breweries Limited claim that the company can’t manage to pay 500 million to Kenya Revenue Authority over Covid-19 has been dismissed. 

Justice David Majanja declined to review a demand for for the company to pay Kenya Revenue Authority (KRA) Sh500 million, pending the hearing of a tax dispute. 

“I have considered the facts set out by the appellant and I find nothing new has arisen in regard to the nature of the appellant business in relation to its tax ability, hence I decline to vary the appellant an unconditional order of stay.” said Majanja in the ruling. 

High Court dismissed the plea by the company saying it had no funds to pay the taxman as directed. 

The company had also argued that the directive might lead to total collapse of Keroche, with attendant consequences such as employees losing their jobs.

The company said it was willing to deposit Sh10 million in a joint income earning account, pending the determination of the case. 

In the petition, Keroche CEO Tabitha Karanja the order by Justice Majanja was issued during “a very difficult time in this country’s history given the biting effects of Covid-19 pandemic”.

Tabitha added that the closure of many business due to Covid-19, the company can only raise the amount through a bank loan, but which is not possible because Keroche is servicing another loan to Absa Kenya.

She further said the business is cash intensive and its operational costs for the months had outstripped the revenue collected. 

The company is contesting tax demand of Sh9.1 billion, and has accused the taxman of reclassification of its products, backdating of uncollected taxes and change of formula, all in a bid to squeeze more from them.

She said she was apprehensive that the company which has been in existence for 23, would be greatly affected and with it, the livelihoods of some 300 employees.

“I have considered all the factors and I find that the appellant (Keroche) is a going concern and the action by the respondent may cripple its operations.

However, the taxes have been outstanding for long. In the circumstances, I make the following orders,” Judge Majanja said in March.

At the heart of Keroche’s latest troubles is one of its most popular products, Viena Ice Vodka, which the KRA wants taken off the list of fortified wine products.

Fortified wines are alcoholic drinks that have a distilled spirit added to them. The taxman argues that the fortified wine products list is reserved for grape-based drinks, while Vienna Ice is made from fermented pineapples.

Tabitha said Viena Ice is simply a diluted version of Crescent Vodka, another of the brewer’s products, with water hence the process cannot be equated to manufacture.




Health Ministry has opposed an application seeking to suspend the government’s order sending people for compulsory quarantine to check the spread of coronavirus.

Health Cabinet Secretary Mutahi Kagwe has told the high court that the decision was taken to prevent further spread of Covid-19.

In his reply to a case filed by activist Okiyah Omtatah, Mutahi said the case has no merit and ought to be dismissed.

Mutahi added that if the said orders were to be issued in the interim, the same would reverse the gains made so far.

The government has advocated for social and physical distancing , the wearing of face mask, the restrictions of movement into and out of geographical areas that have been identified as having or likely to have high incidences of infections.

The CS said granting the order as prayed by Omtatah would be detrimental to the containment of the spread of Covid-19 and against general public interest.

The CS said he was advised by the expert from the health ministry that Covid-19 is spread primarily through respiratory droplets, little blobs of liquid released as someone coughs, sneezes or talks.

“Virus contained in these droplets can infect other people via the eyes, nose or mouth either when they land directly on somebody’s face or when they’re transferred there by people touching their face with contaminated hands,” said Kagwe.

Kagwe added that due to emergency circumstances occasioned by the rapid spread of Covid-19, the need for immediate action to prevent and control the spread of the same and public consultations was not feasible prior to the publication of the rules.

In the petition, Omtatah urged the High court to suspend the government order requiring people to go for compulsory quarantine among others.

In his application the activist is further seeking an interim order prohibiting the Ministry of Health and their agents from implementing LN No. 46 of April 3, 2020, and LN Nos. 50, 51, 52 and 53 of April 6, 2020 pending hearing and determination of the case.

He questioned the constitutional validity of sections 11(1) & (4) and 14 of the Statutory Instruments Act, No. 23 of 2013 and the decisions made by the Government to require individuals to go into compulsory quarantine for public health protection without obtaining a magistrate’s order authorising the same.

He said it was unfair decisions for the Government to force people into compulsory quarantine for public health protection in places other than of their own, voluntary choice or accommodation provided by the government, to meet the costs of their own confinement.

“Arbitrarily extending the period of compulsory quarantine for all individuals in a specified quarantine facility for public health protection beyond the period initially imposed and failure by the Government to ensure individuals who are detained for public health protection are accommodated adequately to guard against the spread of the disease while in such isolation,” reads the court papers.

The activist says that the threats and violations of the Constitution arise from the Government’s irregular and unlawful enactment through unconstitutional executive fiat bordering on fascism of legal Notice No. 46 of April 3, 2020 (The Public Health (Prevention, Control And Suppression of Covid-19) Rules, 2020) and legal Notice No. 50 of April 6, 2020 (The Public Health (COVID-19 Restriction of Movement of Persons and Related Measures) Rules, 2020).




Kenya Bureau of Standards Managing Director Bernard Njiraini has been sued for his decision to award a tender to two firms despite protest challenging the move to do so.

In a petition filed in court by Okiyah Omtatah ,he seeks an order to suspend KEBS MD decision to award EAA company Limited and Auto-Terminal Japan Company tender No. KEBS/T010/2019-2020 for enlargement of international tender for provision of pro-export verification of conformity (PvoC) to standards services for used motor vehicles, mobile equipment and spare parts.

“This court is enjoined to stand up to this lawlessness and cascading corruption in the affairs of the KEBS and KEBS MD Bernard Njiraini by suspending and later quashing the contracts”, says Omtatah.

He adds that the matter is extremely urgent given that the ultra vires actions by the KEBS and KEBS MD Bernard Njiraini have taken effect and need to be interdicted and reversed to protect the public interest in the rule of law and constitutionalism in the affairs of the public body.

Omtatah says he oppose the impunity displayed in the unlawful exercise of power by KEBS MD Bernard Njiraini and KEBS in the award of contracts to the two companies.

The activist adds that the contracts were awarded in defiance of express directives or orders not to do so from from competent authorities, including the National Assembly’s public investments committee (PIC) and auditor general.

According to Attorney general’s letter to the MD of KEBS dated March 26,2020 , ref: AG/CONF/2/C/78 VOL.1(75) on March 16,2020 , the KEBS notified the EAA company limited and Auto-Terminal Japan company limited that they had won the tender.

In his court papers, the activist says that in the letter, the AG stated that letter Ref: KEBS/TO10/2019-2021 dated March 16,2020 from KEBS to EAA company limited informing the company that it had been awarded the contract to inspect used motor vehicles, mobile equipment and spare parts imported into Kenya from Japan, Thailand, UAE , United Kingdom, Singapore and south for a period of three years.

Another letter dated the same dates informed Auto Terminal Japan Ltd that it was awarded the contract to inspect used motor vehicles, mobile equipment and spare parts imported into Kenya from Japan, Thailand, UAE, United Kingdom, Singapore and south Africa for a period of one year.

The contracts were signed on March 21,2020 only four days after the two companies were notified on March 16,2020 contrary to section 135(3) of the public procurement and assets disposal Act,2015 which requires that a period of 14 days must elapse between notification and the signing of contracts.

He added that in further breach of statutory period of 14 days under section 135(3) of the PPADA, the contracts commenced on March 19,2020 which was only three days after the notification on March 16.

Omtatah further claim that, the impugned contracts were awarded in contemptuous disregard of the findings of the auditor general in its official special report in the procurement if pre-export verification of conformity, (PVIC)/to standard services for used motor vehicles, mobile equipment and used spare parts by KEBS.

The special report recommended the debarment of M/s EAA company and Auto-Terminal Japan Ltd, and the two companies which has been awarded the contract.

According to the court documents, the Auditor General accused the two firms of providing forged and falsified documents and misrepresenting themselves in a bid to win an earlier lucrative tender that was later won by others.

The auditor general’s special audit report on the procurement of pre-export verification of conformity (PVOT) to standard services used motor vehicles, mobile equipment and used spare parts by the Kenya Bureau of services (KEBS) , is now a subject of ongoing investigations by the National Assembly’s Public Investments committee (PIC).




A man alleged to be linked to the murder of a radio journalist working with Pamoja FM in Kibra has been detained do 14 days pending investigations.

This is after Nairobi Senior resident magistrate Muthoni Nzibe court on Tuesday allowed police two weeks to continue detaining Luqman Mohammed Ibrahim to complete the probe in the matter.

Mohammed is being investigated over being linked to the killing of journalist Mohammed Hassan Marjan aged 62.

This follows application by detective Pascal Mwachiro attached at KilimaniDCI’s office that they needs more days to complete the probe .

In his sworn affidavit, the officer told the court that the suspect was arrested on Monday at Makina Kibera within Kilimani area.

He said that suspect was arrested following a report of robbery with violence in Makina.

The court was told that on May 4,2020 the deceased who is a resident of Makina was walking home from work where he worked as a radio presenter at Pamoja FM situated at Olympic within Kibera.

“Preliminary investigation it has undoubtedly established that the deceased was confronted by a group of about seven people who were armed with crude weapons,” said Mwachiro.

He said that the suspect , according to investigation was among the group that orchestrated the violence which resulted to the death of the deceased.

The magistrate directed the case to be mention on May 19,2020 for further directions.




A Nairobi court has allowed police to detain a German National businessman linked to cases of Child trafficking, defilement and child pornography for 21 days.

Milimani senior resident magistrate Muthoni Nzibe allowed police to continue detaining Thomas Scheller in order to complete investigation in the matter.

This is after DCI- Anti Human Trafficking and Child Protection Unit (AHTCPU) filed miscellaneous application seeking to allow police to complete investigations.

In his request detective Lawrence Okoth told the court that the suspect was arrested on Monday and they needs 62 more days to complete investigation. But the magistrate gave the police 21 days.

Okoth informed the that court Scheller is involved in the investigations of a case Child trafficking, defilement and child pornography cases.

He further said that the suspect was arrested on May 4,2020 by the DCI officers from AHTCPU outside the German Embassy,Nairobi County together with a Kenyan minor who was rescued suspected to be a victim of Child trafficking and defilement.

The victim is a minor and is a pupil at Ngara primary school in Kisumu.

Okoth told the court that the suspect led the officers to lodging in Ngara at Nairobi county, where he has been spending with the victim since April 30,2020 until May 4,2020.

“Despite the partial lockdown in the country the suspect managed to travel with the15 years old victim all the way from Kisumu to Nairobi where he was nabbed,” said the detective.

He said that the suspect has been under the security radar in relation to several child pornography in Kwale county and its environs vide Chief magistrate court, Mombasa miscellaneous No 87/2020 and chief magistrate milimani law courts miscellaneous 989/2020.

The matter was reported to Ukunda police station.

Okoth told the court that cyber intelligence has revealed that he shared child pornographic to a registered sexual offender in Germany

The investigators wants more time so as to take the victim for medical examination, trace the parents and witnesses in Kisumu




The Court of Appeal has suspended the promotion and salary increment of graduate police officers pending hearing and determination of the appeal lodged by the National Police service commission.

The court said that funds needed to satisfy the impugned judgment are not funds at the disposal of the applicants or in their coffers and that such funds have to be budgeted for and that takes a process in which the applicants are not the only players.

“We hereby suspend implementation directing Police Service Commission and National Police service to pay all graduate constables salaries equivalent to pay of an Inspector of Police Job Group J and as per the prevailing commission’s policy as clarified in the press release by the Chairperson on 19.03.2018,” ruled Justice Martha Koome, Ole Sankale and W Karanja.

They further added that “the stay orders sought ought to be granted. Consequently, we allow the application and stay execution of the judgement dated May 17, 2019 with orders that costs of this application.”

The National Police Commission had argued that if the stay orders are not granted and the appeal succeeds, the reversal process could be quite onerous and impracticable particularly to institutions or persons that are not party to these proceedings.

“On the other hand, if the appeal, which has already been filed is determined in favour of the respondents, they will have nothing to lose as their back pay can always be paid to them”, argued the commission.

The appeal was filed after the Employment and Labour Relations Court Judge Bryan Onyaya directed the National Police Service to pay all graduate constables salaries equivalent to pay of an Inspector of Police Job Group J and as per the prevailing 1st respondent’s policy as clarified in the press release by the Chairperson on 19.03.2018.

The court declared that graduate police officers who are university graduates on a salary scale below Job Group J and yet similarly qualified as Graduate Police Officers in Job Group J are entitled to be emplaced to pay scale of graduate constables equivalent to pay of an Inspector of Police Job Group J and as per the prevailing commission ’s policy.

The lower court also declared that the national police commission’ conduct and action amounts to denial, violation, infringement and or threat to the fundamental rights and freedoms of Graduate Constable Officers’ rights under Articles 41(1) and (2) (a) and (b), and 47 of the Constitution of Kenya, 2010.

They claimed that they have degree certificates yet their pay is the same as that of non-graduates.

In the suit, the officers and the activist who filed the case claimed that while graduate officers move to Job Group J after presenting a degree certificate, they instead earn just as ordinary police constables In Job Group F.

The four are faulting NPSC for refusing to follow this practice and pay them as required as well as promote them to the rank of an inspector.

“NPSC has confirmed that upon submission of respective degree certificates, graduate police constables would be accordingly remunerated in keeping with the January 1, 1969 practice, paying them under Job Group J.

Notwithstanding this commitment, our employer continues to ignore, neglect or refuse to pay us and other qualified graduate constables,” said the petitioners.

They told the court that on July 26, 1995, the then commissioner of police received approval from the permanent secretary in the Directorate of Personnel Management to consider and remunerate graduate officers in Job Group J.




Environment and Lands court has temporarily stopped the state from evicting members of the Kariobangi Sewerage self-help group.

Justice Samson Okong’o also certified their application to stop the eviction as urgent saying that its purpose may be defeated unless the same is heard ex parte in the first instance and temporary orders granted to preserve the subject matter of the suit.

However, the state proceeded and demolished the houses leaving more than 7000 families in the cold.

The orders comes after the group moved to court following the govenment decision to serve them with an eviction letter on April 22 by the Lands PS and Nairobi County informing them they would be evicted.

According to an affidavit by the group’s Chairperson Isaac Abdi Aden, the applicants have been the legal owners of the property known as Nairobi/block/1/175 which they acquired through allocation by the county of Nairobi and have been in peaceful occupation of the property since 1998.

“The applicants were surprised by the letter from the second and fourth respondents who seek to evict them from the property yet they have no proprietary interest over the land and their actions of acquiring it is a total abuse of their powers,” said Aden.

The applicants further say the state violated their right to be heard as they were denied the opportunity to be heard to make their representations before the respondents as requires by law.

They allege the actions are in breach of the constitution and violates their right to be treated with dignity.

It is further alleged that when the land was alloted to the group, it had 375 members but currently, the property is occupied by 8000 inhabitants.

The judge directed the application should be served forthwith upon the respondents including the CS for Water, Sanitation and irrigation and CS for Lands and physical planning before inter-partes remotely hearing on May7,2020 through Microsoft Teams Video Conferencing platform.




Three Members of Nairobi County Assembly have case to answer an Anti-Corruption court has ruled.

In his ruling Senior Principal Magistrate Thomas Nzyoki put Jared Okoth Okonde (Mathare North) and David Njilithia Mberia (Karen) and Abraham Njihia Mwangi of Woodley/Kenyatta Golf Course Ward on their defence after prosecution proved four counts of conspiracy to commit corruption and receiving bribe beyond reasonable doubt against them.

“Having considered the prosecution evidence, I am satisfied that the accused persons have a case to answer in respect of four graft counts”, ruled Magistrate.

They allegedly demanded a Sh1 million bribe from the owners of Kiragu Waichahi School, which is in Pumwani Ward of Kamukunji Constituency.

The three MCAs are members of the county’s Culture and Social Services Committee, with Mr Njihia as the chairperson.

They are said to have demanded the bribe in order to prepare a favourable report for the assembly, to counter their previous allegation that a private school in Eastleigh was illegal.

Ethics and Anti-Corruption Commission (EACC) accused the trio that between April 8 and 25 ,2019 within Nairobi County being elected members of county assembly conspired to receive a bribe of Sh 1,000,000 from Samuel Maina Kiragu.

Mberia alone is accused that on April 25,2019 at city hall lounge within Nairobi city county being elected Member of Assembly for Langata /Karen ward requested Sh1,000,000 from Maina.

He also charged with requesting Sh 500,000 and Sh 200,000 from Maina.

At the same time the court ruled that prosecution failed to prove abuse of office charges against the three.

During the hearing if the case the prosecution inform the trial court that on April 10,2019 the accused persons visited Kiragu Waichai Schools situated at Kiambu , Eastleigh section 3 and met with caretaker Anthony Waweru Wachira .

According to the caretaker , the MCAs claimed that the private school was built on public land and demanded for ownership documents and thereafter the caretaker informed the school property manager Samuel Maina Kiragu about the matter.

On April 18, last year , the caretaker called the school property manager to inform him about the letter which was produced in court as exhibit.

It was alleged that the letter originated from the clerk , Nairobi city county government and was delivered by the secretary to the area member of the county assembly.

Maina testified that he instructed a lawyer to respond to the letter, however, on April 24, he received a call from MCA Njihia inquiring why a lawyer was involved yet the matter could be amicably resolved.

He informed the court that Mwangi made a demand for Sh 1 million from him to facilitate the withdrawal of the letter from the business of Nairobi city county assembly culture and community services committee and they agreed to meet at the Nairobi county assembly lounge on April 25.

The following day at about 10:00 am , the Maina accompanied by his brother Anthony Kiragu reported the matter to EACC at integrity center and they were briefly inducted on how to use recording devices before meeting MCA Mwangi at the assembly lounge.

They held the meeting with the other two accused persons which was recorded in an audio-visual and where three MCAs are heard demanding for Sh 1 million to be shared amongst 19 committee members of the culture and community services committee and the county assembly speaker.

Further Mwangi demanded for an installment of Sh 500,000 in the event Sh 1 million could not be raised once.

The audio recording was however played in court and marked as an exhibit in the case against the three MCAs.




The Treasury Cabinet Secretary Ukur Yatani has been sued for purporting to arbitrarily revoke The Public Finance Management (Strategic Food Reserve Trust Fund) Regulations, 2015.

Human activist Okiya Omtatah moved to court to seeking suspension of the public Finance Management (Strategic Food Reserve Trust Fund) Regulations of 2020.

In his papers Omtatah wants the court to issue a temporary injunction prohibiting Treasury and Agriculture Cabinet Secretaries and their agents, any persons howsoever acting from giving effect in any way whatsoever to The Public Finance Management (Strategic Food Reserve Trust Fund) (Revocation) Regulations, 2020 (Legal Notice No. 61 of 14th April 2020) pending hearing and determination of the case.

Omtatah faults Legal Notice No. 61 of April 14, 2020 for being arbitrary, unfair, un-procedural, unreasonable, unlawful and, therefore, unconstitutional, because, among others:

He argue that there is absolutely no public interest to be served by abolishing the fund which is well managed and was executing its mandate perfectly, including by resisting the importation and dumping of cheap maize on the local market to the detriment of local farmers.

The activists adds that the legal notice was established in contravention of the procedure laid out in both the Constitution and in the Statutory Instruments Act, 2013 for enacting subsidiary legislation, including the requirement for public participation.

“The legal notice has no transition mechanisms to secure the Fund’s assets, including the Sh10 billion which is held in the Fund’s accounts and there is no other public body which can discharge the functions of the Fund,” reads the court papers.

He further state that the legal notice violated the right to fair administrative action under the Constitution as read together with the Fair Administrative Action Act, 2015 and it was impossible to revoke LN. No. 145 of 2015, since that legal notice was already revoked vide paragraph 3 of Legal Notice No. 164 of August 18, 2015 – the Finance Management (Strategic Food Reserve Trust Fund) (Amendment) (No. 2) Regulations, 2015.

Omtatah suspects that the reason for the purported revocation of the Fund is simply to allow the Treasury unhindered access to the Sh 10 billion held by the Fund.

“With the Fund’s Oversight Board in place, the treasury cannot spend even a cent of the money without the authorization of the Board. And with the impending importation of maize, which the Board has been resisting, arging that local farmers be given the priority in the name of partriotism (Article 10 of the Constitution) there is a clear motive for disbanding the Fund so as to aid and abet the improper motives and corrupt practices of the cartels in the sector,” says the activist.

The Public Finance Management (Strategic Food Reserve Trust Fund) Regulations, 2015 established the Strategic Food Reserve Trust Fund. The object and purpose for which the Fund was established was to provide a Strategic Food Reserve in physical stock and cash equivalent.

The “Strategic Food Reserve” includes maize, beans, rice, fish, powdered milk and canned beef. Currently, no other organ has the mandate to discharges the functions of the Board.

“Specifically, the Fund’s mandate is to: (a) stabilize the food supply and prices in the country; (b) arrange for procurement, storage and sale of food commodities; (c) maintain adequate strategic food reserves in physical stock or cash equivalent at any one given time; and (d) mobilize resources to support strategic food reserve related activities”, adds Omtatah.

According to Omtatah, the initial capital of the Fund was two billion and two hundred million shillings appropriated by Parliament in the financial year 2014/2015. Additional capital of the fund was made in the subsequent financial years’ budgets and Fund also solicits for and receives funds and other assistance to promote the object for which the Fund was established.

Currently, the Fund has some Sh 10 billion in liquid cash in its bank accounts.

Vide legal notice No. 61 of April 14, 2020 (The Public Finance Management (Strategic Food Reserve Trust Fund) (Revocation) Regulations, 2020) the Treasury CS purported to revoke the following statutory instruments, LN. No. 15 of 2015 (The Public Finance Management (Strategic Food Reserve Trust Fund) Regulations, 2015) and LN. No. 145 of 2015 (The Finance Management (Strategic Food Reserve Trust Fund) (Amendment) Regulations, 2015).