Mohan Galot (right) and his wife Santosh Galot before a Nairobi Court at Milimani law courts/FILE PHOTO.
BY NT CORRESPONDENT.
A man fighting his uncle over their family investment, Manchester Outfitters Limited that is worth billions now claims foul play.
Pravin Galot wants lawyers representing their uncle disqualified.
He claims that his uncle Mohan Galot’s lawyers Karathe Wandugi and Tom Ojienda must not represent him with his wife Santosh Galot.
Pravin says that Wandugi has acted for him previously and that Ojienda is a member of Judicial Service Commission (JSC) where he has filed a complaint against the magistrate who acquitted Mohan and his wife Santosh.
Pravin is accused by his uncle Mohan of defrauding him.
To counter his accusation Pravin has accused his uncle of forgery claiming that the uncle is trying to disinherit him and his siblings of a Sh4.5 billon inheritance.
The matter was mentioned before Magistrate Francis Andayi who directed the parties to file and serve written submissions by October 8, 2017.
Pravin claims that the uncle is a liar and wants to disinherit them making all sorts of accusations among them dropping out of school because of poor grades.
He has however produced a copy of the letter signed by Mohan in 1991 asking him to drop out of college and return from American to run the family business since everything was about to be auctioned.
Abdulrahman Hussein Abdulla and Feisal Abdikadir Abdi appearing before Milimani Senior Principal Magistrate Kennedy Cherioyot where they pleaded not guilty on Friday September 29,2017/PHOTO BY S.A.N.
BY NT CORRESPONDENT.
A Driver and conductor have been charged before a Nairobi court with stealing food worth 10 million from World Food Program.
Abdulrahman Hussein Abdulla and Feisal Abdikadir Abdi appearing before Milimani Senior Principal Magistrate Kennedy Cherioyot also denied giving false information to a police chief inspector of Rhamu police station in Mandera county.
The court heard that on diverse dates between August 2,2017 at unknown place within the republic of Kenya the accused persons jointly with others not before court stole two thousand (cartons) of nutrition food namely Plumpy doz valued at Kshs, 10,065,991,02 the property of World Food Program (W.F.P) in a lorry registration number KCK 946S /ZD 1124 while the said cargo was on transit from Nairobi to Dobley-Somalia.
Prosecution also alleges that the duo on August 16 2017 at Rhamu police station in Mandera , jointly informed police Chief Inspector Juma Boy Ombata that a robbery incident had takes place on the August 19 2017 between BAABO and GARI area and consignment of nutrition food property of World Food Program (WFP) robbed in the process information they knew to be false.
They facing other three similar charges of giving a false information to two police corporal namely Corporal Joseph Koech and police constable Franklin Addu.
However, the magistrate ordered the accused personto deposit a cash bail of KSh 500,000 or a bond of Sh1.5 million.
The attempt by their lawyer to review bond terms was dismissed after prosecution opposed the application saying bond terms were reasonable.
Abdulla and Abdi through their lawyer also told the court during the hearing they will demonstrate the case is a misuse of court process to hide very serious crimes.
“The bond set are reasonable and the application to review bond is dismissed” ruled magistrate.
At the same time the court was issued warrant of arrest against their co-accused person Abdifatah Adam Hassan who failed to appear in court to plead to similar charges
The magistrate ordered the case to be heard on November 3.
NIC Bank Buruburu branch manager Richard Moses Wambugu before Milimani Law court on Thursday September 28,2017/ PHOTO S.A.N.
BY NT REPORTER.
NIC Bank manager has been charged before a Nairobi Court with stealing.
Richard Moses Wambugu is accused on 23 of September this year at NIC Bank PLC Buruburu Branch in Nairobi being a Branch Manager jointly with others before court, stole Kshs 14, 999,850 the property of the said NIC Bank PLC.
The accused person Richard Moses Wambugu is an employee of NIC Bank attached to its PCL Buruburu branch as a manager.
According to police , on Friday the 22 of September , the accused person requested for permission to be off duty the following day of Saturday 23 September and the bank made arrangement for one Stephen Otieno Njiri at Sameer Branch to stand-in for him during the absence to purportedly attend to some personal issues.
However, the accused is said to have briefly reported to the branch on the said Saturday and opened the vault for the day’s operations in company of his co-custodian Paul Githinji after which he left without handing over his office to the reliever.
It is also reported later that day , Paul Githinji who is co-custodian who normally keeps the key to the safe safe and holds the combination vault also left the bank without proper handing over of the said keys or solid cash in the vault to any other bank’s official.
Mr Wambugu reported back to his office from off-duty on 25 and reported that his co-custodian phone was off had not reported on duty and further that Kes,16,964,710,20 was missing from the vault.
Investigation were commenced and it was discovered that the accused person had not dismantled the combination rock in his absence, therefore making it accessible for his co-custodian or any other person who had access to the vault’s key. He was arrested and charged. Police are yet to arrest the co-accused.
He pleaded not guilty before Nairobi Principal Magistrate Kennedy Cheriyot.
He was released on a cash bail of 100,000 and bond of 200,000.
The magistrate ordered the case to proceed on 2 of November, 2017.
NASA leader Raila Odinga with his runningmate Kalonzo Musyoka .
BY NT CORRESPONDENT.
Investigate, arrest and prosecute Raila Odinga and Kalonzo Musyoka, voter asks the DPP.
Mr Samwuel Gikuru through lawyer Harrison Kinyanjui want Raila and Kalonzo arrested for harassing and intimidating officers.
He alleges the two jointly in diverse date between September 17 and 26 have knowingly made public utterances to effect that their will be no presidential elections across the country scheduled for October 26.
He claims the two principles utterances violates both constitution and the election offences Act when they purport to declare and announce to the members of public that the said presidential election set for October 26 will not take place .
According to the letter the utterances were broadcasted and captured in the several websites.
“Institutions can’t reform if they are led by people opposed to reforms. Kenyans are coming for you..Salvage what you can and run, there will be no election with you in office” letter quotes.
He claims the utterances were clearly intended and calculated at and calculated at intimidating and creates hindrance to the IEBC officials.
The officials include Abdi Guliye, Boya Molu, Ezra Chiloba , Marjan Hussein Marjan, Betty Nyambuto, James Muhati, Praxedes Tororey who has since resigned from from the commission and Immaculate Kaddait from conducting their normal and lawful duties at the commission.
He further argues that the NASA leaders’ demand for dismissal of several IEBC officials amounts to intimidating the electoral body and rendering it incapable of conducting the repeat election.
“Obviously, the object of such attacks on these IEBC officers is to pile emotional and peer pressure on the said IEBC officers (to) resign and weaken the capacity of the IEBC from contacting the October 26 presidential election.”
Kiguru said, in the duo’s estimation, such attacks will subject the commission and the outcome of the repeat election to public contempt, ridicule and rejection should the officials refuse to resign and conduct the fresh election.
Raila has called for the sacking of 11 officials of the electoral agency ahead of the elections accusing them of rigging the August 8 poll in favour of President Uhuru Kenyatta.
Former COTU official Ms Millicent Ogila defending herself during a defense hearing at Milimani Law Courts on Wednesday September 27,2017.
BY NT CORRESPONDENT.
COTU Secretary General Francis Atwoli opened a pseudo bank account to siphon workers cash, a court has been told.
Ms Millicent Ogila a former COTU official told the court that she was accompanied Mr Atwoli, as the programmes coordinator, when the account was opened in October 2002. Sh15 million was deposited in that account.
She said the Cotu boss was aware of all the withdrawals. Ms Ogila is accused of forging Atwoli’s signature and minutes to open the account at Barclays Bank, Queensway Branch.
It is alleged that she used the account to siphon the union’s money, together with former treasurer Mr Cornel Nyagun.
Ms Ogila told principal magistrate Peter Ooko that it was Mr Atwoli who opened the account and remained a signatory to it. She said she would accompany the Cotu boss to source for funds to run programmes and monies would be channeled to the said account.
Among the donors who funded the programmes, she said was the National Aids Control Council.
She said the account was opened after the donor requested a different account that would be used for programmes such as sensitization on HIV and AIDS.
“Mr Atwoli knew where all the money went to,” she said, adding that she spent the money on trainings, sensitization at work places and sensitizing mothers on mother-to-child transmission.
Ms Ogila said she spent four months at Del Monte firm in Thika, where it was reported that at least two people would succumbed to AIDS related diseases, every week.
She added that the firm was under the Kenya Plantations and Agricultural Workers Union, an affiliate of Cotu.
She said NACC dispatched Sh6 million to the account in three tranches.
Ms Ogila said she was accompanied to Del Monte by the late Kabete MP and unionist George Muchai.
Ms Ogila and Mr Nyangun were charged in August 2013 with seven counts of forgery and stealing of over Sh115 million from the Cotu’s accounts.
They are alleged to have opened a fake account under Cotu’s name, which they operated between November 21, 2002 and March 27, 2013.
But Ms Ogila denied the claims saying the board authorized the opening of the account before she joined Cotu in July 2002.
Former COTU senior official Cornel Ogutu Nyagun keenly following defense hearing of the co-accused.
In June, While defending himself over the allegations Cornel Ogutu Nyagun said that that COTU leadership knew the existence of the bank account. He further denied forging and uttering false documents form the union saying that the documents used to withdraw money were legal documents.
The accused person while defending himself said that they used to pre-sign cheques adding that the same cheques were signed by him, the secretary general Francis Atwoli and COTU chairman Rajab Mwondi.
He further testified that on 3rd April 2003, 200,000 shillings was withdrawn from the account. On that material day he was at home already suspended from work.
The accused also produces other documents which they used to pre-sign without indicating any amount or date.
Ogutu said Atwoli was aware of the funds which was to cater for HIV/AIDS awareness campaign in the organisation and was involved in the opening of an account at Barclays Bank which returned to haunt him into the dock.
“On November 6 2002 I received a call from Atwoli instructing me to meet at (the) parking lot…in order to open the new account for the money which had been wired to COTU,” he said.
Ogutu said Atwoli instructed him “we open a new account where the money would be deposited.”
Being cross examined by his lawyer,he claimed Atwoli was fully aware of the alleged fictitious bank account since he participated in the opening of the account using the official details of COTU and they were together with his co- accused person project coordinator, Millicent Ngeso, who is charged alongside Ogutu. He said my Atwoli was carrying a leather brown briefcase.
Mr Dennis Gitahi Wanjiru with his lawyer Wokabi Mathenge outside Milimani Law Court after filing a case against Kieni MP Kanini Kega on Wednesday September 27,2017/PHOTO BY S.A.N.
BY THOMAS KARIUKI.
The son of Kieni MP Kanini Kega has filed a case seeking to be recognized by his father.
Mr Dennis Gitahi Wanjiru through his lawyer Wokabi Mathenge, now aged 21yrs has filed the petition at the Milimani law courts saying that before his mother Florence Wanjiru died in 2004, she told him that his father was the legislator.
It is after this that Gitahi made concerted efforts to reach the MP which were futile as he was then a minor.
He said that he has been living with the grandmother who kept informing him that Kanini Kega is his father since she was aware of the existence of the relationship between him and her daughter.
Gitahi has been living with the grandmother at Watuka village in Kieni constituency.
Upon attaining the adult age, he says he made efforts to reach the MP which was facilitated by his grandmother whom Kanini Kega knows very well.
Kanini Kega then informed the boy that he would offer assistance and even assured his grandmother that Gitahi would not be destitute.
Gitahi added that in his former years, his studies were hampered by financial constraints because his mother was just a casual laborer whereas his grandmother was a peasant farmer.
Kanini Kega has been making verbal assurances but nothing has been forthcoming.
In the suit, Gitahi narrates how his high school life was saying that the MP could not issue him with bursary.
He said he has visited Kanini Kega’s office in Mweiga town but his security detail besides his personal staff have made it impossible as they turn him away or repulse him saying the legislator has given instructions that he does not want to have any contact whatsoever with him.
Gitahi wants to be recognized and treated equally like his other children of Kanini Kega.
Mr Dennis Gitahi Wanjiru.
His lawyer Wokabi Mathenge said that the MP has abdicated his parental duties since birth and even upon attaining the age of majority, he is disinterested, unwilling and avoiding taking up his fatherly role as well.
Gitahi says that it is hurting, humiliating and uncalled for since he was sired out of a relationship the MP had and maintained with his mother.
He says that his desire is to promote a cordial relationship with his father.
Embakasi East Member of Parliament Babu Owino before a Nairobi on Tuesday September 26,2017.
BY SAM ALFAN.
Babu Owino, Embakasi East MP has no permanent fixed place of aboard as he resides in several places, he is a flight risk, court has been told.
The prosecution represented by Nicholas Mutuku, Catherine Mwaniki, Alois Memo and Duncan Ondimu told the court.
While objecting his release on bond, the prosecution said that the charges leveled against the MP are very serious.
Prosecutor Nicholas Mutuku told the court that in the first count Paul Ongili alias Babu Owino attracts a maximum sentence of seven years whereas the alternative count attracts a maximum of five years.
Mutuku added that the second count against Babu attracts a sentence of two years.
The prosecution also said that there were demonstrations in various parts of the country yesterday (Monday) because of his utterances and if he is released on bond, the demos could continue.
Prosecutor Catherine Mwaniki also adds that Babu may be at flight risk because he has no permanent fixed place of aboard as he resides in several places.
Babu was charged with subversion, incitement to violence and offensive conduct conducive to breach of peace.
It is said he uttered words, ‘kama Gadaffi alitolewa na wananchi, kama Gbagbo alitolewa na wananchi, kama Yahya Jamme alitolewa na wananchi, we we in nani? We we in mtoto was mbwa’, words which were calculated to excite disaffection against the presidency.
The MP is alleged to have comitted the offence on 24th September 2017 at stage 46, Kawangware, Dagoretti within Nairobi County.
The alternative charge to the first count of incitement to violence was that the words he uttered were calculated to lead to disobedience of lawful authority.
The legislator was charged with a another count of offensive conduct where he is alleged to have uttered the words ‘ wewe ni mtoto wa mbwa’, words which were intended to provoke breach of peace.
He denied the charges before Chief Magistrate Francis Andayi.
Babu was represented by four lawyers including senior counsel James Orengo, Otiende Amolo, Edwin Sifuna, Ochieng Oginga,
Senior counsel James Orengo asked the court to release his client on bond saying that the charge sheet was defective and having several places of residence is not a crime.
The magistrate will make a ruling on his release on bond tomorrow at 10.30 am.
Nairobi House Limited Lawyer Philip Nyachoti making submissions.
BY SAM ALFAN
East African Portland Cement Company should complete the sale of 337 acres of land to Superior Homes Ltd within the next four months, court has said.
The land is worth Sh750 million.
A Court of Appeal bench criticized the manner in which the Athi River-based cement manufacturer arm-twisted the housing development firm since 2005.
The parties, the court said, formally agreed to sell 500 acres of land. The 1,330-acre ranch used for limestone mining was to be hived off.
“There is no basis for Portland to brand itself as an innocent party. We think the attitude taken by Portland says little about fair play and candour in the conduct of this transaction,” Justices Philip Waki, Roselyne Nambuye and Patrick Kiage said in their judgment.
The court upheld a decision made by High Court Judge Pauline Nyamweya on March 11, 2014, which extended the completion period for the agreement.
The cement company the said frustrated the firm’s purchase plans and its board of directors terminated the contract on June 12, 2013.
Superior Homes had initially bought 163 acres from the cement manufacturer at Sh292,000 and acre with an option to purchase the 337 acres at the same rate within 12 months after EACC had completed its mining.
The agreement was executed on September 1, 2005 and Superior Homes exercised its option to purchase the remainder of the land on August 30, 2006.
The housing developer was compelled to seek the High Court’s intervention but the parties compromised the suit by a consent dated December 14, 2012 essentially enforcing the purchase of the land but at a revised rate of Sh2.2 million an acre that translated to Sh750 million.
Superior Homes was required to deposit Sh100 million and to issue a bank guarantee for the Sh650 million balance upon transfer of the property.
The completion period was 145 days and should have been concluded by May 11, 2013.
However, the firm discovered that the Government had expressed its intention for the compulsory acquisition of the land through a Kenya Gazette Notice dated August 30, 1988 and that the Ndung’u Land Commission had recommended revocation of the titles to the property.
When Superior Homes demanded an explanation for the non-disclosure on April 4, 2013, a crisis meeting was held on May 8, 2013 where Portland admitted it had not secured all the documents and approvals from the ministry of Industrialisation.
The firm had already obtained a confirmation letter from I & M Bank to finance the Sh650 million balance for the purchase of the land.
Judy Wamaitha Thuo wife former Juja MP George Thuo before a Nairobi court/FILE PHOTO.
BY SAM ALFAN.
Former Juja MP George Thuo’s wife, Judy wants a case she is facing dismissed.
She wants the case where she is accused alongside others in alleged Sh28.5 million Kenya Pipeline Company graft dismissed.
Judy Wamaitha Thuo who is also the director Redline company says that the process leading to the charges facing her and others in the case was fatally defective thereby rendering the charges against them is unsustainable.
“The applicants are business people whose reputation and standing has been grossly affected by the said charges, “claim the petitioners.
In the petition Judy Thuo together with Ngatia Ndung’u argue that during the investigations EACC did not have commissioners.
They want the court to issue an order discontinuing the prosecution of the applicants.
The directors of Redline, were charged on November 30 2015 for accepting payment for work they hadn’t done and thereby “fraudulently acquiring public property.”
The late Thuo’s widow, Judy Wamaitha and son Ngatia Ndung’u, who are directors of Redline Ltd, are facing charges of fraudulent acquisition of public property. They are alleged to have received the money on February 28, 2014 at Chase Bank in Nairobi as payment for the purported supply, installation and commissioning of two auto-transformers.Ngatia Ndung’u charges were dropped.
Former KPC Managing Director Charles Tanui is charged with awarding the tender irregularly and misuse of office.
The firm’s chief engineer, Josephat Sirma and chief technical manager, Elias Karumi, are similarly facing six counts of abuse of office and failure to comply with procurement regulations in the award of the tender.
Ruling over the matter to be made by high court this week.
British businessman Richard Alden who facing murder charge before high court criminal court in Nairobi.
BY SAM ALFAN.
The trial of Briton charged with a murder of Kenyan girlfriend failed to take off for the third time in a Nairobi court.
Trial judge Jessie Less it was said to be indisposed forcing an adjournment.
Richard is charged with murder of Grace Wangechi Kinyanjui, at his Karen home in Nairobi
The trial goes on after the DPP rejected a proposal to have the matter settled out the of court on strength the murdered woman relatives had forgiven the briton.
Alden has denied killing Wangechi , 42, at Windy Ridge Road , Karen on June 4, in Nairobi county.
In July the matter was adjourned but his lawyer Pravin Bowry told the court that he is ready to proceed with the trial since his client wants the matter heard expeditiously.
He told the court that he is currently jobless with no source of income.
“The accused desires to proceed with the hearing since he’s in the country without a job or any source of income” Boris told the court.
The case failed to proceed last week after Richard was told that the trial judge was attending a judicial forum in Mombasa.
Alden through his lawyer Pravin Bowry, told the trial court that he is ready to proceed with his trial and blamed the prosecution for delaying the trial.
Alden has denied the charges of being in possession of ammunition.
without firearm certificate, making a document without authority and forging a firearm certificate purporting to be genuine and valid
certificate issued by Central Firearms Bureau.
