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UGANDAN CHARGED WITH HACKING SAFARICOM NETWORK.

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Ronald Nsale before Nairobi Milimani Chief Magistrate Francis Andayi and pleaded not guilty to the charge on Friday April 21,2017/PHOTO BY S.A.N.

BY SAM ALFAN.

A Ugandan businessman was yesterday charged in a Nairobi court with unlawfully accessing Safaricom’s network.

Ronald Nsale appeared before Milimani Chief Magistrate Francis Andayi and pleaded not guilty to the charge. He was granted Sh 200,000 bond with a similar surety pending the hearing of the case on May 23.

The offence was allegedly committed on diverse dates between December 1, 2016 and March 30, 2017 at
Kilimani area in Nairobi county.

According to the prosecution, an IT expert with Safaricom noticed suspicious attempts to access the network remotely from one of the service lines used by staff members. Investigations traced the intruder to the accused person’s mobile telephone.

ACCORDING TO POLICE REPORT

It is said that he  tried to enquire from the said staff about the malpractice and did deny having tried to access the system remotely .

The  matter was reported to the Senior Manager fraud investigation who took up the matter and revealed audit logs from security monitoring systems and confirmed the user  had made several attempts upon further forensic analysis established that a Safaricom line registered by another person who was not a member or Safaricom staff. 

The matter was reported to Parliament police station and investigation commenced where suspects traced to Kilimani and arrested. Police says that the accused person was searched and found to have been using the said Safaricom line which was recovered with Huawei phone.

It is said that after the accused was arrested his Mobile phone and laptop make HP among other internet connection were taken on inventory and later handed over to DCI cyber crime for further analyses which revealed the extend of the access the suspect had done.

It is said that On further investigation it was established the suspect had been put in a proposal for penetration training in a response to a request for proposal from Safaricom to price Waterhouse copers PWC .

The accused is said that he had put in the said proposal among other trainers by PWC and he had been recommended by one George Wahome of PWC since he knew him by working together in Earnest & young limited in Uganda after agreeing to be part of trainers from PWC the suspect is believed to have started the trials on an authorized access of a protected systems and penetrated as per cyber crime report and the opinion report from safaricom report a IT expert.

ASPIRANT WANTS NZOIA SENATORIAL CONTEST STOPPED OVER MISSING NAMES.

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Ford-Kenya aspirant for the Trans Nzoia Senatorial seat, Kennedy Wanjala Wafula at political parties tribunal on Friday April 21, 2017 /PHOTO BY S.A.N.

BY SAM ALFAN.

Ford-Kenya aspirant for the Trans Nzoia Senatorial seat, Kennedy Wanjala Wafula, on Friday cried foul over the exclusion of his name from the nomination list and petitioned the Political Parties Disputes Tribunal to suspend the primaries slated for Monday.

“My exclusion from the list was mischievous, malicious, prejudicial and without any justifiable excuse and is meant to lock me out of the  race,” Wafula complained in his petition to the seven-member panel.

He said the party had not established its National Dispute Resolution Board as required by the Nomination Rules thus closing all avenues for redress. He said the party;s National Elections and Nominations Board could not intervene as an internal dispute resolution mechanism.

The matter was to heard by political parties this evening from f5:00 PM.

COURT DIRECT POLITICAL PARTIES TO ENFORCE THE TWO-GENDER POLICY.

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Taita Taveta women representative with other women representatives from various counties at Milimani Law Courts /FILE PHOTO.

BY SAM ALFAN.

High Court has struck a blow for women empowerment by directing all political parties to enforce the two-thirds gender policy within six months.

The political parties must formulate rules and regulations governing nomination for prospective candidates for 290 Members of Parliament and 47 Senators to ensure women participation, the court ruled.

In case the political parties fail to comply, the Independent Electoral and Boundaries Commission (IEBC) should put in place mechanisms to enforce the requirement, Justice Enock Chacha-Mwita said.

The national elections agency must reject nomination lists presented by political parties that do not adequately conform to the policy to ensure gender parity in future polls, the Judge said.

However, the order will not apply to the August 8 General Election to avoid confusion since it is inconceivable for political parties to restructure their nomination lists in the face of the strict deadlines ahead of the elections, he said.

The Judge said the controversy surrounding the two-thirds gender rule was unjustifiable on grounds that Parliament had not enacted the necessary legislation. Women and marginalized groups had constitutional rights to representation and it was not a favour they were demanding.

“Gender equality is not a fight between men and women. The women of Kenya are not lesser beings. Their rights must be respected at all times. It is about human dignity and securing equal rights for women and to eliminate gender discrimination,” Justice Chacha-Mwita reasoned.

He said the IEBC was reluctant to exercise its constitutional mandate and crack the whip on errant political parties which did not respect women participation. “The Constitution has spoken. We must be ready to listen,” the Judge said.

All political parties were funded from the public purse and were expected to be transparent and accountable to the citizenry. On the other hand, the IEBC was expected to regulate and supervise nominations preceding elections, he noted.

The Judge said IEBC must take a pro-active role in the promotion of affirmative action to ensure women participation in nominations for elective positions.

CITY LAWYER WANTS JUBILEE STOPPED FROM USING STATE RESOURCES TO CAMPAIGN.

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Lawyer Apollo Mboya filing a petition seeking to stop Jubilee from using state resources to seek reelection at judicial review registry at Milimani law courts on Thursday April 20,2017 /PHOTO BY S.A.N.

BY SAM ALFAN.

City lawyer Apollo Mboya has petitioned the High Court to block the Jubilee Administration from seeking re-election through political campaigns by misusing public resources to show-case its four-year development achievements.

The former Law Society of Kenya (LSK) Secretary claimed the Government and its agents were engaging in criminal activities by violating Section 14 of the Election Offences Act that outlaws self-serving and partisan advertising during the election period.

Mboya charged that some influential bloggers and renowned commentators on social media-who enjoy substantial sway with the electorates had already observed misleading misrepresentations regarding projects articulated on the government delivery portal that was launched on April 10 by President Uhuru Kenyatta.

He said the electioneering period started on March 17 when the Chairman of the Independent Electoral and Boundaries Commission (IEBC), Wafula Chebukati, published notices in the official Kenya Gazette declaring the August 7 General Election for President, Governors, Senators, Members of Parliament, Women Representatives and Members of County Assemblies. The period will end once the national elections agency announces and publishes names of the winners.

Mboya recalled having written to the Director of Public Prosecutions, Keriako Tobiko, protesting that the Government and its agents were involved in electoral malpractice. He had given him seven days to take action and threatened to undertake private prosecutions against the unnamed culprits.

“The DPP has abdicated, neglected or refused to exercise his constitutional and statutory power to order investigations for the purposes of prosecuting those responsible for the election offences that have been committed and continue to be committed by the national Government. The election offences are a threat to free, fair and regular elections based on universal suffrage for every citizen under Article 38 (2) of the Constitution,” he said in court papers.

He is seeking a declaration that the use of public resources to maintain the government website to promote and advertise public projects contravenes Section 14 of the Election offences Act and is unlawful and unconstitutional. He said the delay by the DPP to exercise his constitutional power to order investigations was unlawful.

Mboya wants the court to issue a permanent injunction restraining the Government, its agents and proxies from carrying the advertisements in any print and electronic media or displaying banners in public places during the election period.

MP SUDI IN TROUBLE FOR SKIPPING TRIAL.

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Kapsaret Member of Parliament Oscar Sudi before Nairobi Anti-corruption (FILE PHOTO).

BY SAM ALFAN.

Kapsaret Member of Parliament Oscar Sudi risks cancellation of Sh600,000 bond for failure to appear before the anti-corruption court in Nairobi court to face trial.

The politician is now required to personally appear on Monday before trial magistrate Felix Kombo after his lawyer’s explanation for his absence was rejected as “dubious.”

Kombo fell short of allowing a request by Prosecutor Joseph Riungu to issue an arrest warrant against the MP but lawyer Thomas Ruto and George Wajackoya sought the court’s indulgence on the basis that Sudi was engaged in vigorous last-minute campaigns to clinch nomination to defend his parliamentary seat.

Riungu had argued the MP was taking the court process for a ride, adding that he was facing serious economic crime charges.

“There are no sufficient grounds to waive the presence of the accused person in court as he has failed to appear in court for his trial as he should. The court should not be held to ransom because of political activities. The accused person is a law-maker and he should respect the law and set a good example,” Kombo said.

The magistrate said the Mp’s failure to appear in court “has frustrated the court process and therefore issue summons to appear in court on Monday, 24 April, 2017 to show cause why his bond terms should not be cancelled.”

Kombo warned Sudi that if he fails to appear in court as summoned then he will go ahead and issue an order for his arrest.

Sudi, through his lawyers, sought that the scheduled hearing be shelved until he completes his campaigns for his nomination in the primaries which are to take place in two days.

In the case the politician is charged with forging his academic certificates and submitting a false declaration to IEBC during the 2013 general election.

The MP’s lawyers Thomas Ruto and Prof George Wajackoyah told the trial court that the politician has equally moved to the high court seeking conservatory orders and a stay against the proceeding at the criminal court.

SH 6.5 BRIBERY CASE AGAINST CITY HALL ACCOUNTANT TO BE HEARD ON JULY 24.

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Nairobi County official Dennis Paul Manoti is charged with corruptly soliciting Sh6.5 million bribe before Nairobi Anti corruption court on Tuesday April 18, 2017/ PHOTO BY S.A.N.

BY SAM ALFAN.

The Anti-Corruption Court in Nairobi has directed that the case in which Nairobi County official Dennis Paul Manoti is charged with corruptly soliciting Sh6.5million bribe from the owner of retail chain Taj Mall be heard on July 24. a case in which a senior rates officer at Nairobi county government is charged with corruptly soliciting for Sh 6.5 million bribe from Taj mall owner to be heard on July 24 without delay.

The case had been fixed for hearing for today before Milimani Principal Magistrate Felix Kombo but defence lawyer Evans Ondieki applied for
adjournment, saying they have filed an application in the High Court seeking to terminate the graft case. He claimed the prosecution had no furnished him with all statements by prospective witnesses to assist him prepare for the hearing.

Kombo rejected Ondieki’s request to have the trial postponed after the August 8 General Election and ruled that the case should be heard and concluded expeditiously.

Manoti, who is a deputy accountant at Nairobi County Government Rates Department, has denied three counts of corruptly soliciting Sh 6.5
million bribe from Taj Mall owner, Ramesh Chandra Govin. He is out on Sh250,000 cash bail.

The charges against the accused person states allege that on November 28, last year, at City Hall, he corruptly solicited Sh 6 million bribe from Govin so as to facilitate transfer changes on LR number 20273 from Sigma Ltd to Taj Mall Ltd. He is also accused demanding another Sh 500,000 so as to facilitate transfer changes on the same property.

Manoti is further accused of corruptly receiving Sh 100,000 from another complainant, Peter Kebaso, so as to transfer changes on the same property.

It is said that Govin had hired a private land investigator to probe what was happening at City Hall’s rates office, after he was denied
statements for a 4.2 acre piece of land he owns on Old Mombasa Road Where Taj Mall stands. According to the prosecution, the businessman has reportedly been paying land rates since he bought the property in 2009.

 

CHINESE CONSTRUCTION FIRM GETS REPRIEVE IN SH 3.5B TAX DEMAND FROM KRA.

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China National Aero Technology Engineering Corporation lawyer Philip Nyachoti making submission before Justice Enock Chacha-Mwita on Thursday April 13, 2017.
BY SAM ALFAN.

High Court has blocked the Kenya Revenue Authority (KRA) from recovering Sh3.5billion from the China National Aero Technology Engineering Corporation in disputed tax arrears.

Justice Enock Chacha-Mwita suspended four agency notices the tax-man had sent to the firm’s bankers on April 10 requiring them to remit the money in enforcement of a contested assessment dated May 26, last year.

“I prohibit the respondents, whether by themselves, their servants, officers and agents from making any demand to the applicants and /or it’s bankers and particularly  in respect of Equity  Bank (K)  limited Account  Number 1480260880505, 1480260880517, 1480262262609,1480261312262,1480262262684,1480261684513,1480261684878 and 1480261289727; Standard Chartered Bank limited account number 0102015808100 ; Eco bank (K) limited Account  Number 001001502557701 as well as Chase Bank (K) Limited Account Number 0202058609006 for payment of any purporting owing tax arising out of its impugned default  Assessment Noticed dated 26th may 2016” ruled the judge.

The Judge allowed lawyer Philip Nyachoti, representing the construction firm, to file the substantive case within 14 days seeking to prohibit KRA and the Commissioners responsible for Investigation and Enforcement and Customs and Excise Departments from carrying through with the demands.

Nyachoti argued that the agency notices were premature since the firm had lodged its objection to the tax assessment and the dispute resolution mechanisms provided by the Tax Appeals Tribunal had not been exhausted.

Further, the firm had in excess of Sh547million in tax credit and had offered to furnish KRA with a bank guarantee of Sh200milion pending the outcome of its appeal before the tribunal.

Nyachoti explained that KRA had failed to specifically notify Equity Bank, Eco Bank Kenya, Standard Chartered Bank and Chase Bank about the collective sum involved and there was a risk of them remitting Sh14billion to KRA.

The firm stood to suffer financial ruin by the unreasonable demands, he said.

“In any event, such payment will totally cripple and paralyze the construction business of the firm, which is engaged in massive construction work in Nairobi and in particular the gigantic twin tower construction project next to Villa Rosa Kempinsky Hotel on Waiyaki Way which has employed over 2,000 workers,” the lawyer said.

Nyachoti said the purported enforcement of tax liabilities against the firm for alleged failure to file its annual returns for 2013 and 2014 amounted to an abuse of the justice system, unreasonable and malicious.

The firm will be seeking orders to compel KRA and its agents to return all the original documents and computers that were seized from the firm’s premises on June 21, last year.

The firm’s Managing Director, Igao Binghsheng, says the confiscation adversely affected operations in East and Central Africa and relations with the parent company in China.

CHASE BANK MOVES TO RECOVER LOST FUNDS.

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Chase Bank Limited at Central Business District./PHOTO COURTESY.

 

BY SAM ALFAN.

Chase Bank has swiftly moved to the high court seeking to recover over 6.5 billion shillings alleged to have been swindled by its former directors and shareholders.

The  bank in its suit papers  wants the court to direct  the former directors to avail full and true list of their assets both movable and immovable assets.

It also  want court orders restraining the former directors from operating their bank accounts.

Chase bank is alleging that the defendants acquired their assets directly or indirectly with the banks money and fraudulently authorized and approved irregular and undisclosed loans disbursed from the bank.

That the former directors  fraudulent actions have already caused hardship, loss and damage to the depositors, bond holders and the public severely who all stands to suffer irreparable damage should the amount not be recovered immediately.

Chase Bank says that it owes a duty to its customers and depositors.

“The defendants are liable to deliver up all property in their possession delivered directly or indirectly from money misappropriated from the plaintiff, “reads the petition.

The bank claims that the subsequent purchase of properties in the absence of board approval was evidently for their own benefit to the exclusion of the bank.

Chace bank claims that the acts and omissions of the defendants constitute gross breaches of their duty of care as a direct and proximate result of these breaches the bank suffered monumentous loss of billions of shillings, comprising mainly depositor’s funds.

In the court documents filed before the court, Chase Bank argues that the instructions for the purchase of the properties were issued by the Zafrullah Khan-the former managing director.

Khan is alleged to have paid 12 million shillings to Blasius Chevrolet Cadillac Inc. for the purchase of a Limited Edition Corvette registered in the name of Shehla Khan-Khans wife.

Chase Bank claims that its former directors jointly and severally fraudulently authorize the withdrawal, disbursement and utilization of its funds for the purchase of properties.

The bank in its court documents filed at the court claim that over 40 billion million shillings.

An order directing the defendants do render an account of all the sums they illegally and irregularly obtained from chase Bank.

The bank further claims that Zafrullah Khan stole funds and used them for personal ventures and as result the bank is facing liquidity crisis.

“There was no comprehensive records of all withdrawals by Khan. Most of the transfers were authorized by the Duncan Kabui and James Mwaura defendants on instruction of Khan,” states the petition.

Some of the respondents named in the case include Zafrullah Khan , Duncan Kabui, Makariosa Agumbi and James Mwaura.

THREE JUDGES TO HEAR PETITION CHALLENGING PRESIDENTIAL APPOINTMENTS.

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Chief Justice David Maraca who will to pick the Judges to hear the petition lodged by Katiba Institute and African Centre for Open Governance (Africog).

BY SAM ALFAN.

Petition challenging presidential appointments to parastatals and State agencies will now be handled by a three-Judge bench.

High Court Judge Enock Chacha-Mwita on Wednesday morning referred the matter to Chief Justice David Maraga to pick the Judges to hear the petition lodged by Katiba Institute and African Centre for Open Governance (Africog).

The two petitioners say the President and Cabinet Secretaries have no role to play in the appointment of Chairmen and Board members of State Corporations and agencies but the Public Service Commission (PSC).

“The issue raised here is quite a significant question of law that will require consideration of both provisions of the Constitution and Statues on these appointments as well as the role of the PSC. There is also the question whether there should be public participation during these appointments as required by the Constitution,” Justice Chacha-Mwita observed in his ruling.

The Judge said the petition was the first of its kind and will have a significant bearing in the appointment and management of parastatals and State agencies. “The outcome will also affect very many people both serving as Chairmen and members in those boards and those awaiting appointments or renewal of their terms,” he said.

“This, in my view, is an issue of substantial point of law under Article 165 (4) of the Constitution that should be settled so that it is clearly known who has the mandate or authority to make these appointments,” the Judge said.

NAIROBI AND KHARTOUM FORGE CLOSER ECONOMIC TIES.

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Sudan Ambassador in Nairobi Elsadiq Abdalla Elias explains to Sport and Culture Cabinet Secretary Dr.Hassan Wario, the Sudan Arts paintings and other work during Sudan Cultural festival at Kenyatta International Convention Centre in Nairobi Kenya.
BY SAM ALFAN.

Kenya and Sudan are set to conclude number of MoUs and collaborations in sports, gold mining, oil and sustainable agriculture.

This is in a bid to revive bilateral relationship with Kenya and Sudan which has been wavering since time immemorial.

Sudanese ambassador Elsadiq Abdalla Elias speaking during the first Sudan cultural week held in Nairobi last week said ,while the two countries shared an old relationship, negativity arising from Darfur wars had weakened the link.

He said the trade sanctions slapped on Sudan by the international community had also portrayed Sudan negatively making it less desirable for stronger bilateral relationships.

“Many people including Kenyans have a wrong picture regarding Sudan. What people don’t know is that Sudan is so much peaceful. That Sudan is so rich in Gold, Oil and with open policies. And even now when our neighbors including Kenya are facing acute famine, we are wondering where to put our surplus because our reserves are full, “said ambassador Elsadiq.

The Ambassador of Sudan Elsadig Abdulla Elias takes diplomats and other guest Artistic work of Sudan cultures exhibition at KICC in Nairobi capital
The Ambassador of Sudan Elsadig Abdulla Elias takes diplomats and other guest Artistic work of Sudan cultures exhibition at KICC in Nairobi capital.

Sportsmen and culture minister Hassan Ali Wario while opening the cultural week last Wednesday said that Kenya and Sudan will soon conclude a MoU to have exchange programmes in soccer and athletics.

He said that there was an existing MoU but which had not been fully operationalised and which his ministry will be pursuing.

“You know Sudan has been beating us in football and we have always beaten them in athletics and there is need for us to share these experiences,” said Wario.

He stressed that the two countries shared similar cultures which needed to be utilized for the benefit of the two nations.

“Our history with Sudan in robust. This is an area to cultivate. We need to display and share and make it an investment opportunity, said Wario.

Ambassador Elsadiq also expressed the willingness of Sudan to offer expertise in gold and oil mining which Kenya is set to fully venture in.

“We share blood ties with Kenyans.Our ancestors all originated somewhere in Sudan and we are more than happy to help our brothers in mining because we are far much ahead. What people don’t know is that we export more that 20,000 tons of Gold annually,” said ambassador Elsadiq.

He added, “We will be even more than happy to sponsor students who want to explore area of mining.”

The cultural week featured cultural dances, exhibitions and talks in universities aimed at showing the Kenyan people more of Sudan.

 

 

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