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SENIOR INDUSTRIALIZATION MINISTRY OFFICIALS CHARGED IN COURT.

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Five men Francis Mwanzia Kalii, Edwin Maburi Anyega, Meshack Kibet Derem, Joseph Ndetto Mutia and Abraham Ntabo Ombati before the Nairobi court where they are facing charges of stealing Ministry of Industrialization and Enterprises Development property valued at over 64 million shillings.

BY SAM ALFAN.

Five senior officials in the ministry of Industrialization have been charged with the theft of Ministry of Industrialization and Enterprises Development property valued at over 64 million shillings.

The five men; Francis Mwanzia Kalii, Edwin Maburi Anyega, Meshack Kibet Derem, Joseph Ndetto Mutia and Abraham Ntabo Ombati pleaded not guilty to the charges before the Nairobi Chief Magistrate, Daniel Ogembo, and were released on a cash bail of Ksh 200,000.

The court heard that they jointly stole the said property at Kenya Industrial Research and Development Institute stores in Nairobi.

The five are alleged to have committed the offence on diverse dates between March 29 and October 7, 2015 at the Ministry of Industrialization offices.

Francis Mwanzia Kalii was further charged with being in possession of Public Stores contrary to the law.

According to the charge sheet, he had in his possession  eight Electric compressors ,six grinding plates felt, one wielding machine,86 leather Aprons, six pieces floor sanders and five and half packets  of rode wire.

The items had a logo of Ministry of Industrialization and Enterprise Development and were reasonable suspected of having been stolen or unlawfully obtained.

The five appeared before Nairobi Chief Magistrate Daniel Ogembo and denied the charges.

They were released on a bond of sh 1 million with one surety of a similar amount or a cash bail of sh 200,000.

Warrant of arrest was issued against the sixth accused person Eunice Khalavali Miima who was not in court.

The case will be heard on November 29.

 

 

 

 

 

 

 

I DON’T OWE YOU ANY APOLOGY OVER MY TWEET, ACTIVIST MWANGI TELLS DP RUTO.

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Human rights activist Boniface Mwangi who has vowed never to apologize to Deputy President William Ruto over a tweet the vice president claims is libelous.

BY SAM ALFAN.

Controversial activist Boniface Mwangi has declined to apologize to Deputy President William Ruto over a tweet the vice president claims is libelous.

Through lawyer Gitobu Imanyara, Mr Mwangi has said he will not retract, withdraw or apologize to the Vice President over the contested tweet.

“Our instructions are that for reasons set out below our client will not retract, correct, withdraw or apologize for the said tweet,” read the response letter to the VP through the lawyer.

Mr Ruto had in a letter dated September 30, issued a notice to Mr Mwangi, to correct a tweet the activist had published on September 28, and apologizes or else a case will be filled against him, for recovery of damages, and other remedies.

Mr Mwangi argues that as long as Mr Ruto continues to holds a public office, he must accept that he will attract and continue to attract both praise, and robust criticism for any conduct or behavior that falls below the requirements of the Leadership and Integrity provisions set out in Chapter VI of the Constitution.

“The Deputy President of the Republic of Kenya is a State Office. The holder of that office is accountable to the people of Kenya. As long as he holds that office he must accept that he will attract and continue to attract not only praise where it is due but also most robust criticism for any conduct or behavior that falls below the requirements of the Leadership and Integrity provisions set out in Chapter VI of the Constitution,” stated Mr Mwangi’s reply letter.

The letter accuses Deputy President of being selective by picking Mr Mwangi out of other people because of his consistent defence of the public interest.

Mr Mwangi claims he has been subjected to death threats, torture, malicious prosecution and countless intimidations all geared to silence him. He sees the threat contained in your letter as falling in this category of harassment.

Lawyer Kioko Kilukumi for the DP said the retraction and apology should be made within seven days failure to which a case will be filed in court.

“Our instructions are that on September 28, 2016 through a social media platform (Twitter) using your personal Twitter handle with the name Boniface Mwangi (@bonifacemwangi) at 11:58am, you posted the defamatory words against our client,” stated lawyer Kilukumi.

He indicated that the words have severely injured Mr Ruto’s reputation, adding that the post by the activist have also exposed the VP to shame, hatred, contempt, anguish and animosity and has dented his political career.

 

 

 

 

CBK SEEKS TO RECOVER SH45 B FROM DIRECTORS AND SHAREHOLDERS OF FALLEN IMPERIAL BANK.

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Lawyer Josephine Kongweno (left) speaking with the Chairman of the Imperial Bank limited Depositors Lobby Group Mahmood Khambiye (right) and a member of the group Shaileen Parmah outside the courtroom at Milimani law court on Tuesday October 5, 2016.

BY SAM ALFAN.

The Central Bank of Kenya (CBK) is seeking to recover Sh45 billion from shareholders and directors of Imperial Bank after depositors sought to be enjoined in a new suit in which the directors face a freeze on their assets.

Through lawyer Josephine Kogweno, the depositors say the orders sought in the suit “will affect them directly as account holders and depositors at Imperial Bank Limited”.

“The depositors and their families are already suffering due to the illegalities at the said bank,” an affidavit presented yesterday at the High Court reads.

The central bank and the Kenya Deposit Insurance Corporation (KDIC) have been unable to recover any of the assets of the shareholders and directors.

Imperial Bank Limited (IBL), Kenya Deposit Insurance Corporation and Central Bank of Kenya lodged a fresh onslaught on former directors and shareholders accusing them of taking part in “a well orchestrated fraud which led to massive loses that have impacted negatively on the financial sector in the country”.

Preliminary findings from the FTI forensic audit also implicate Former senior managers, Naeem Shah and James Kaburu, as key players in the multi-billion shilling fraud scheme.

The petitioners want the directors compelled to refund  Sh45 billion and to be audited, tracked, and  all the shares and assets they own in connection with the bank after September 15, 2015 frozen.

An order is also sought for advertisement and “individuals with information as to the whereabouts of the defendants, properties to provide the said information for purposes of tracing and recovery.”

Phillip Murgor for the applicants says Mr Alnashir Popat, Mr Anwar Hajee, Mr Jinit Shah, Mr Hanif Mohamed, Mr Mukesh Kumar, Mr Vishnu Dhutia and others allowed the bank’s assets including depositor’s funds to be misappropriated through their failure to prevent the fraud on the bank.

The IBL and KDIC, which are represented by Mr Murgor, say the colossal fraud at lender was permitted by the defendants.

Lawyer Murgor argues that the situation has also subjected the bank customers to undue stress and hardship occasioned by  the loss of their deposits.

“The shareholders are liable for all loss and damage caused by their negligence, gross negligence, fraud, breach of fiduciary duty,” he said.

The lawyer said investigations at Imperial Bank similarly revealed that the directors and shareholders “wholly or partially acquired assets using money that was acquired fraudulently or unlawfully from the bank through various schemes”.

KDIC had previously filed a suit to recover Sh34 billion from Mr Shah, Mr Kaburu and the family of the late Janmohammed, who it claims were all beneficiaries of the mega fraud scheme.

Hearing is currently ongoing in court.

COURT DECLINES TO GAG WAIGURU FROM MAKING COMMENTS OVER NYS CASE.

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Some of Eight suspects in the Sh791 National Youth Service scam at Milimani law courts(FILE PHOTO).

BY SAM ALFAN.

Eight suspects in the Sh791 National Youth Service scam have lost their bid to block former Devolution Cabinet Secretary from making comments about the ongoing Money laundering case.

Senior Principal Magistrate Martha Mutuku dismissed the application made by one of the suspects saying it lacks merits.

“The application is unmerited because there was no evidence on summon or press cutting were made available for scrutiny” said Mutuku.

They further lost their attempt to stop the Public Accounts Committee to summon them to appear before it to shed light on the matter.

The learned magistrate said she cannot bar the former Cs since she was not served with the application in person.

The made the application last week seeking Ms Waiguru to stop making any comments about the ongoing case.

They have been charged with money laundering.

Lawyer Maina Wachira for John Kinuthia and Paul Van Dame urged the court to bar Waiguru from
commenting on the matter completely since it is prejudicial to their clients.

They said Waiguru has been making endless trips to media houses continually making comments
exonerating her at the expense of the suspects.

They additionally want the Public Accounts Committee barred from summoning any of the accused.
Call and letters have been dispatched by from the committee summoning them to appear before it on various dates.

Director of Public Prosecution Keriako Tobiko cautioned that he could not speak on behalf of the ex-CS saying she is no longer a public officer or a witness in the case and as such if the court deems
it necessary should serve her with summons like any other ordinary Kenyan.

The court has also declined to expunge Charity Gethi from the trial.
Senior Principal Magistrate Martha Mutuku decline the application citing endless time by accused person to appear in court.

Josephine Kabura and Ben Gethi appeared before Nairobi chief magistrate Daniel Ogembo alongside six others on Monday.

They denied 15 counts of money laundering and were released on Sh300,000 cash bail or Sh1 million bond each.

The eight were accused of colluding to wire the amount from NYS coffers and using part of it to purchase property through phony companies.

They allegedly committed the offences between December 1, 2014 and March 2015.

Gethi’s mother Charity, his sister Jedida Wangari and one other suspect did not appear in court.

The magistrate heard that Charity was admitted at Melchizedek Hospital in Nairobi. He issued warrants for the arrest of the two.

The 11 suspects were to answer to the charges in February but were yet to following multiple applications seeking to block their prosecution.

Appearing before Parliament Committee businessman Ben Gethi has admitted to inflating prices of fuel that a firm he partnered with supplied to the National Youth Service.

Gethi said on Tuesday that he has received Sh500 million so far from Horizon Enterprise for fuel and diesel contracts with the youth service.

He faced the Public Accounts Committee in connection to the Sh791 million scandal.

The businessman refused to reveal the name of the firm he partnered with in the presence of journalists.

MPs had asked him how he landed the deal without ever being a fuel dealer.

But he revealed that he supplied fuel at Sh104 per litre against the market price of Sh78 between 2014 and 2015.

The businessman explained that his was because of the fluctuation of fuel prices in that period. He further said the fuel delivered was not specifically petrol and diesel.

“We were forced to bid because the prices were not stable and being in business it was fair to be on the safe side,” he said. “We delivered fuel like gear oil, lubricating oil and normal fuel so the prices covered all these.”

Gethi also admitted that the Energy Regulatory Commission dd not license him to supply fuel on wholesale as required by law.

 

KILLER ONGATA RONGAI MATATU DRIVER CHARGED WITH CAUSING DEATH OF FIVE PEOPLE.

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Driver of the Ongata Rongai matatu Francis Mukuria that killed five people before Principal Magistrate Barbara Ojoo in a Kibera court on Monday October 3, 2016.

BY SAM ALFAN.

The driver of the Ongata Rongai matatu that killed five people on Lang’ata Road last week has been charged in court.

Francis Mukuria appeared before Principal Magistrate Barbara Ojoo in a Kibera court on Monday and denied more than 10 offenses leveled against him. Francis Mukuria was arrested on Sunday.

Francis Mukuria appeared before Principal Magistrate Barbara Ojoo in a Kibera court on Monday and denied more than 10 offenses leveled against him.

They include driving without a licence, with an alternative charge of failing to carry a driving licence, and failing to report an incident, which occurred near the Lang’ata Police Station.

Another count states that the vehicle Mukuria was driving was unroadworthy.

On September 25, the Ongata Line Sacco vehicle veered off Lang’ata Road and overturned, killing four people and injuring six others.

Nairobi Traffic Commandant Leonard Katana said the driver was speeding. Prosecutors said Mr Mukuria was arrested Sunday evening and police are yet to compile his criminal record.

They also opposed bail for the driver, arguing that he is a flight risk and did not turn himself in until eight days after the accident.

Lydia Karimi who is among people who died during the accident was buried at Ankamia Village in Tigania East Meru county.

 

KURIA,WAITITU INCITEMENT CASE FAILS TO PROCEED.

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Kabete Member of Parliament Ferdinand Waititu with hios lawyers Cliff Ombeta and Harrison Kinyanjui leaving Milimani Law Courts on Monday October 3, 2016.

BY SAM ALFAN.

Nairobi court has issued summons against two senior police officers who filed to turn up in court to testify against two Jubilee politicians charged with hate speech.

Inspector Benson Gicheru and Jackson Cheboi who were expected to testify today but failed to turn up in court.

Their absence forced the hearing of a case in which the two Kiambu politicians were charged with offenses relating to hate speech adjourned despite plea by lawyer Cliff Ombeta to p[proceed with the matter.

But the MPs, through lawyers Cliff Ombeta and Harrison Kinyanjui, protested the request to adjourn the matter and instead called for the case to be closed for lack of seriousness from the part of the Prosecution.
And Magistrate Charity Oluoch declined to have the case closed but warned prosecution saying this was the last adjournment of the matter if it has to proceed.

Gatundu South MP Moses Kuria and Kabete’s Ferdinand Waititu were present in court for the start of the hearing of the case in which they were charged together with six other legislators including those from the opposition.

However Prosecution requested court to have the case adjourned to a later date since the expected witnesses had not turned up as expected.

Through Senior Prosecutor Duncan Ondimu, explained that one of the witnesses, a police officer, had traveled upcountry over the weekend
and had not returned to the city.

The case will be mentioned on October 5 to confirm the next hearing date and availability of the said witnesses.

 

RESIGN WITHIN 10DAYS AS CUE CHAIRMAN, COURT ORDERS PROF THAIRU.

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Lawyer Ham Lagat, Obat Wasonga(centre) for Felix Kiprono Mategei who moved to court seeking Professor Henry Thairu resignation as the Chairman of Commission for University Education at Milimani law courts on Friday September 30,2016.
BY SAM ALFAN.

High Court has ordered Professor Henry Thairu to resign as the Chairman of Commission for University Education.

Justice Joseph Onguto directed Mr Thairu to resign with 10 days.

“The respondent shall within 10days of the date of this order being served upon him or the commission for University Education formally tenders his resignation from the position of lecturer and employee of Kenyatta University and any of its units including the Kenyatta University Consultancy Services Unit or as a chairperson of the Commission for University Commission” court ordered.

He was directed to file his resignation letter in court and with the Deputy Registrar within seven of the date of resignation.

The judge further ordered failure by Professor Henry Thairu tender his resignation as ordered by the court, his appointment as the chairperson of the Commission for University Education shall stand deemed null and void.

The commission was ordered to commence the process of appointing another chairperson of the Commission for University Education after Professor Henry exit.

Mr Onguto issued the orders on Friday following an application by lawyer Felix Mategei  accusing the professor of holding two public offices against the constitution as he was serving as a lecturer  at Thikaroad based University.

City Lawyer Felix Kiprono Mategei through his lawyer Ham Lagat told the court Thairu served the Commission for University Education while being a lecturer at Kenyatta University.

“Holding two offices at the CUE and KUSCSU was contrary to Article 73 of the constitution and that Prof Thairu has failed the test under leadership and integrity” argued Lagat

Arguing there was conflict of interest, the lawyer said Thairu was likely to be biased.

The judge also directed the chairman to file a compliance letter confirming his orders with the High Court Registrar.

 

 

KENYA COURT JAILS A 24 YEAR OLD CAR HIRE OPERATOR LINKED TO AL SHABAAB FOR 20 YEARS.

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A 24-year old car hire service operator Abdirazak Muktar escorted by police officers to Milimani law court basement cells after he was sentenced to 20 years in jail for supporting terror activities and groups on Friday September Friday September 30,2016

BY NT REPORTER.

A Nairobi Court on Friday convicted a 24-year old car hire service operator convicted of being a member of Somalia based militia group.

He was sentenced to 20 years in jail for supporting terror activities and groups.

Abdirazak Muktar was further sentenced on Friday to 10 years in prison for each of six other related offences, for which he was found guilty.

He was arrested in the Maasai Mara Game reserve in 2014 was found in possession of various terror-related items—including pictures and videos of the late Al Qaeda leader Osama Bin Laden and Samantha Louise Lewthwaite. He also had pictures of the Westgate Mall attack.

“By his conduct he was a member of a terrorist group, ” trial Magistrate Joyce Ngandani ruled while sentencing the accused.

In the video that was in his possession, the accused who is a father of one urges Muslims to join the Al Shabab group.

He was also found in possession of materials linked to terrorism and giving support to the terror groups, according to the prosecution during the trial period—in which the magistrate said was sufficiently proved to send him to jail.

While passing the sentence, the magistrate noted that “terrorism activities has cost Kenyans lives’ and economic status” and thus supports the government in fighting terrorism by sending him to jail to “serve as an example to other youths who might be considering joining such groups.”

The prosecution said the accused had been operating a car hire business in Mandera where eight grenades among other terror-related materials were seized.

He was also accused of committing terror activities in Mandera and at a Mosque in Mombasa.

Gandani said he was also found with pictures and videos of slain terrorist Osama bin Laden and Samantha Lewthwaithe.

Muktar was also charged with sending invitations using his cell phone, for a ‘radicalisation meeting’ at Masjid Musa on February 2, “to further the cause of a terror group.”

He denied being a member of the al Qaeda-linked terror group.

 

 

MUTAVA WANTS SUPREME COURT TO QUASH TRIBUNAL RECOMMENDATION.

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Embattled High court Justice Joseph Mutava lawyer Philip Nyachoti during a press conference in his Chambers at museum hill in Nairobi on Thursday September 22,2016..

BY SAM ALFAN.

Suspended High Court Judge Joseph Mutava now wants the Supreme Court to quash the recommendations by a seven-member tribunal to the president Uhuru Kenyatta that he be removed from office for alleged misconduct.

“The tribunal lacked jurisdiction to conduct any investigations against the petitioner since it was unconstitutionally constituted and, therefore, any recommendations arrived at by the tribunal are void,” lawyer Philip Nyachoti says in the petition lodged in the Supreme Court yesterday.

The lawyer has argued that the tribunal’s findings, which were handed over to President Uhuru Kenyatta on September 21, were based on complaints that had been voluntarily withdrawn, that the complainants did not give evidence and that third parties purported to fix him.

The tribunal concluded that three specific allegations regarding the manner in which he quashed the Sh5.7 billion criminal case against Goldenberg suspect Kamlesh Pattni had been proved since they amounted to gross misconduct.

“The judgment in the Pattni case has never been reversed by any court of law despite there being mechanisms available to any parties in the form of an appeal,” Nyachoti said in the petition.

Mutava was found culpable of having influenced retired High Court Judge Leonard Njagi to rule in favor of Sehit Investments Ltd in a Sh200million property dispute with businesswoman Josephine Onyango. The retired Judicial officer is said to have received a text message from Justice Mutava on September 6, 2012 to communicate the request.

Pattni had petitioned the High Court to terminate the case on July 26, 2012 after the Director of Public Prosecutions, Keriako Tobiko, had dismissed his plea-bargain request. The Judge gave orders blocking Tobiko’s decision and suspended all criminal proceedings relating to findings by the Commission of Inquiry into the Goldenberg scandal.

The Supreme Court, once it is re-constituted, will be asked to invalidate the tribunal’s recommendations on the basis that the appointment of its members was irregular. The first five members were appointed on May 30, 2013 and the other two on June 17, 2013. The President is required to appoint the entire team within 14 days after receiving the complaints from the Judicial Service Commission (JSC).

The High Court had restrained the tribunal from investigating the Judge on June 28, 2013 on the basis that the JSC had not accorded him a fair hearing. On February 17, 2014, the three-Judge bench declared the tribunal incompetent since two of its members had been appointed beyond the 14-day statutory deadline.

The Court of Appeal, in a judgment delivered on May 8, last year, reversed the High Court decision and directed the tribunal to carry out its mandate. Justice Mutava was aggrieved by the decision and lodged a notice of appeal to the Supreme Court on May 21, last year.

Justice Mutava, who was appointed a Judge of the High Court on August 23, 2011,was suspended on May 30, 2013 on the recommendation of theJSC after its sub-committee, chaired by Supreme Court Judge Smokin Wanjala, cleared him of eight allegations but found sufficient evidence against him on three complaints of corruption and misconduct.

THIRTY DAYS TO SEPARATE BIDCO AND ROSSLYN LAND TUSSLE.

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Bidco Oil refineries Chief Executive Officer Vimal Shah.
Bidco Oil refineries Chief Executive Officer Vimal Shah.

Bidco Oil Refineries Chief Executive Officer Vimal Shah.

BY SAM ALFAN.

After losing a court battle over a land dispute in Nairobi  Bidco Oil refinery has now opted for a negotiated settlement following an appeal.

The appeal court has given the oil company and Rosslyn Development limited 30 days to settle the dispute failure to which the matter will be determined by the three bench jury.

Bidco Oil Refineries now has 30 days to iron out the dispute, failure to which the Court of Appeal will remedy the row in a full hearing.

“By consent of parties of parties, this matter is adjourned for 30 days to enable parties negotiate an out of court settlement, in the event no settlement is reached, the appellant will file written submissions  and serve within 14 days,” Judges Alnasir Visram, S.ole Kantai and Martha Koome ruled.

Bidco has been embroiled in an acquisition tussle over a prime plot in Nairobi’s suburb with Rosslyn Development Limited.

Rosslyn says that Bidco forcibly acquired the property located in Rosslyn Estate.

It is said that Bidco Director Vimal Shah, lay claim to the plot by invoking a legal mechanism known as adverse possession.

Affidavits filed by Rosslyn Development say that they have owned the property in 1995 from a couple known as Franscesco Stame and Maria Vittoria Stame.

The land, they say was neighboring another one that was owned by the defendant. A portion of that land is the center of the dispute.

Bidco on the other hand claims that they occupied the property enclosed by a wire fence but after starting to develop the plot, Rosslyn Development Limited objected.

They protested the fencing of a portion of the property.

Bidco lost a bid to acquire the property under adverse possession and as such appealed the decision.

A lower court ruled that Bidco failed to establish the degree required by law that it acquired any rights to the disputed portion.

 

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