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DPP SIGNALS SUSTAINED ONSLAUGHT AGAINST EX-PS BITANGE NDEMO OVER FRAUD.

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Former Information Permanent Secretary Bitange Ndemo who is seeking to stop his prosecution over the controversial sale of Malili Ranch that led to the loss of Sh179 million.
BY SAM ALFAN

Director of Public Prosecutions (DPP) Keriako Tobiko has asked the court to dismiss a case where former Information Permanent Secretary Bitange Ndemo is seeking to stop his prosecution over the controversial sale of Malili Ranch that led to the loss of Sh179 million.

The DPP says that evidence gathered will prove that the ex-PS fraudulently benefited from the illegal transaction.

The DPP says it is clear from his statements and police investigations on the role Ndemo played in the transaction and knew the sale was unlawful, irregular and was part of the conspiracy.

Tobiko claims that Ndemo through the application is seeking some illegal and unconstitutional immunity or insulation against a lawful prosecution.

“The applicant has not demonstrated that in making the decision to prefer criminal charges against him, the DPP acted without or in excess of the powers conferred upon him,” states the DPP.

According to Tobiko, Ndemo has also failed to demonstrate how his rights have been or will be infringed or damaged as result of the indictment.

The DPP insists that in deciding to prosecute him he acted independently, not capriciously or in bad faith.

Ndemo insists the trial against him is a gross violation of his constitutional rights, ill-founded since charges levelled against him are based on new allegations because the DPP had closed the case file.

It is his argument that investigators have never given him an opportunity to give his side of the story over the fresh allegations.

He claims that people recommended for prosecution following the assertions have been shielded in order to embarrass and humiliate him.

Others he says, are being used as witnesses in order to bar him from defending himself.

Ndemo has denied that on June 7, 2009 at Teleposta in Nairobi being the PS and accounting officer at the Ministry of ICT, failed to willingly comply with the law relating to procurement by signing an agreement for the purchase of 5,000 acres from Malili Ranch Limited by the ministry.

It is alleged that he signed the tender yet he was aware the latter was awarded by the ministerial tender committee without being subjected to financial evaluation.

The former PS also faces abuse of office charges for failing to comply with the law relating to procurement.

He was charged with the offenses of wilful failure to comply with procurement laws, abuse of office, stealing and conspiracy to commit a felony in September 2014.

The government will build the Konza ICT city on the 5,000 acres.

In May, 66 former shareholders complained to the CID that they had not received their money even after the government took possession of Malili.

DEFICIENCY IN LANGUAGE A MAJOR CAUSE OF HATE SPEECH.

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Information Communications and Technology Cabinet Secretary Joe Mucheru.
BY THOMAS KARIUKI.

The government has faulted a lack of language policy as the major contributor to ethnic slur and hate speech.

In this regard a Language Policy will be formulated with the aim of curbing hate speech and prosecuting hate mongers.

Information Communications and Technology Cabinet Secretary Joe Mucheru has said that lack of an elaborate language policy in the country has contributed to the rise of hate speech which threatens to divide Kenyans along ethnic lines.

“Recent public pronouncements by a section of leaders in the country have demonstrated the importance of formulating language policy framework to maintain peace and security,” he said.

The CS was referring to a section of Jubilee and Cord leaders who were locked up four days last week over hate speech.

CS Mucheru said the government inspired by the country’s cultural and language pluralism is developing the policy to promote national homogeneity and provide guidelines on the usage of various languages.

“In doing this we aim at preserving our cultural dynamics and directing our language energies for national development,” added Mucheru.

The Cabinet Secretary said the proposed policy, which is categorized into three broad areas, will be effective in the next two or three months.

The categories are language for good governance, language for a vibrant society, and Language for a strong economy.

CS Mucheru said the language for governance, which recognizes citizens who are disadvantaged by convectional languages, will promote equality and inclusivity of persons with disability.

Language for a vibrant society will foster the spirit of a harmonious society that promotes the country’s cohesiveness through language while language for a strong economy is meant to strengthen education through language learning, creation of wealth and language development.

National Council for People with Disability (NCPD) representative Paul Mugambi hailed the proposed policy, saying it will address a sizeable number of challenges faced by people with special abilities.

BIDCO SHOULD PAY SH5.7B TAX ARREARS, DEMANDS OMTATAH.

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Bidco Africa and its chief executive Vimal Shah who has been sued for failure to pay Sh5.7billion tax arrears to the Kenya Revenue Authority (KRA). .
BY SAM ALFAN.
CONSUMER goods manufacturer Bidco Africa and its chief executive Vimal Shah have been jointly sued by civil rights crusaders Okiya Omtata and Wyclife Nyakina Gisebe for alleged failure to pay Sh5.7billion tax arrears to the Kenya Revenue Authority (KRA).

Omtatah and Nyakina claim they recently obtained conclusive documentary evidence that the firm, the businessman and the tax agency “have colluded to defeat public interest in the recovery of Sh5.7billion tax arrears owed by Bidco Africa.” 

“The overdue tax amount, plus interest and penalties, remain uncollected in circumstances that point to collusion to evade tax, involving Bidco Africa, Vimal and the KRA,” they said in an urgent constitutional petition presented to High Court Judge Joseph Onguto. 

The two lobbyists recalled High Court Judge David Majanja had delivered a judgment in favour of KRA on August 6, 2013, allowing the agency to collect tax arrears and other fees amounting to Sh1.3billion from the Thika-based manufacturer. According to a whistle-blower’s report, the firm’s tax exposure on unpaid duty, including Value Added Tax 9VAT) was above Sh4.3billion byDecember 31, last year, they claimed.

Omtata and Nyakina said they were aggrieved that through fraud and deceit, the manufacturer evaded paying duty on imports between June 1992 and April 1998. The scheme was centred on the fraudulent and illegal tax-free importation of finished goods for dumping on the Kenyan market disguised as raw materials to be used in the manufacture of goods meant for export, they explained in court documents.

They said the ministry of Finance, in a letter dated September 12, 1995, declined to grant the firm any duty or VAT remission on raw materials for the manufacture of plastic bottles and similar products since the processing was done by a third party. A fortnight later, KRA’s Henry Ndiema signed the firm’s customs exemption form when it was submitted on September 26, 1995, they said.

“This petition raises substantial facts relating to corruption in the payment of corporate taxes. Corruption in the collection of taxes is among the challenges that cost the country dearly by starving it of funds it requires to develop,” Omtatah and Nyakina said.

Justice Onguto directed the duo to provide the respondents with the petition and supporting documents to facilitate the hearing of the matter.

 

TEA WORKERS PICK MORE AFTER COURT AWARDS SALARY HIKE.

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Labour Relations Judge Lady Justice Monica Mbaru who  awarded tea workers a 30% pay increase.

BY THOMAS KARIUKI.

The court has awarded tea workers a 30% pay increase.

Labour Relations Judge Monica Mbaru reviewed a Collective  Bargaining Agreement (CBA)  agreed upon by the workers and their employer for the year 2014/20.
Tea workers’ union disagreed with Kenya Tea Growers Association — an umbrella association for several tea estates — and Unilever Tea Ltd for offering workers salary increments of 1 per cent and 2 per cent respectively instead of the 24 per cent agreed upon in the CBA.

In her judgement, Justice Mbaru was of the view that in CBA negotiations it is upon the employer to demonstrate the trends from the most current financial statements for the past 3-5 years so as to establish the element of inability to afford and sustain any additional wage bill.

According to the Judge, the factors that were considered relevant to employer and employee in 2005 have had a circle of over 10 years and based on changes in global factors, the changes in the Kenya legal regime and constitutional changes as pertains to labor relations.

She said that a review of the workers terms of employment was thus crucial.

Tea workers will also enjoy an annual leave travelling allowance of 6 per cent with a medical treatment and sick allowance leave set at Sh30,000.

Baggage allowance was awarded at Sh30,000 upon termination of employment and parties shall review the CBA 2014/2015 and any antecedent policy to accommodate the union member’s right to observe their day of worship within reasonable limitations.

On medical treatment and sick leave the union was seeking an increment from 27,500 to 32,000 on the basis that costs in this regard are high and should be enhanced and the KTGA propose that the same should not be changed on the basis that such costs are not provided for in law.

Justice Mburu said the union proposed rate being on the higher side and the KTGA being on the lowest end, the rate is enhanced to sh 30,000.

The Judge additionally set the retirement age of this workers at 60 years with the option to voluntarily retire at 55 years. She said that the arguement by Kenya Tea Growers Association that the retirement age be reduced is retrogressive.

In the case, the Kenya Planters and Agricultural Union sued the Kenya Tea Growers Association following a dispute with the CBA.

The two parties had a recognition agreement of May 9 2008 and had negotiated several CBA’s with the last CBA registered and dated June 6 2012.

A new CBA according to court documents had not been agreed upon but parties held negotiations where several issues of concern were not resolved and on October 22 2014, a certificate of disagreement was issued.

According to the parties, 25 items of the CBA were concluded while 10 items went for negotiations.

The parties failed to agree on Rates of pay, Gratuity, Annual Leave, Annual leave travelling allowance, Medical treatment and sick leave, Retirement age, day of worship and baggage allowance.

The day of worship should factor the Seventh Day Adventist member which should be respected and the employees can make up for it on any other day of the week, the Judge said.

BANKER CHARGED WITH STEALING FROM EMPLOYER.

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Nicholas Scott Tindi at Milimani Law Courts where he was charged with stealing sh 1,850,000 worth property of Housing Finance Cooperation of Kenya.

BY SAM ALFAN.

Political Aspirant Nicolas Scott has been been charged in a Nairobi court with stealing from Housing Finance Corporation.

Tindi also known among his peers hails from Kakamega County.

According to the prosecutor, he is accused that on May 9 2014 at Kenya Commercial Bank, Moi Avenue Branch in Nairobi with others not before the court stole sh1, 850,000 the property of Housing Finance Corporation of Kenya.

He is charged alongside Philip Ochieng Omondi, a relationship officer with the bank, that with intent to  defraud the bank made a false debt entry account number SA200-0075857 in the names of Flora Nyanchama Omani purporting it to show that Kshs 1,850,000 had been paid to Kenya commercial Bank Account No 1136567305 in the name of Tydny International Limited.

Tindi was released on a Sh200, 000 bond.

The matter will come up for hearing on August 9 2016.

The alleged fraud was reported to KICC police station which led to the arrest of the accused persons.
 

 

EACC STOPPED FROM ARRESTING COUNTY TENDERING OFFICIALS.

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Lawyer Philip Nyachoti leaving Milimani law courts.

BY SAM ALFAN.

Ethics and Anti- Corruption Commission has been stopped from preferring criminal  charges against  eleven members of a tender committee from Turkana County Government.

High Court Judge Steven Riech, said the imminent arrest of the committee members has been temporarily halted pending the hearing and determination of the application challenging the said indictment.

Lawyer Philip Nyachoti for the tender committee members asked the court to halt the arrest as EACC officers have threatened and demanded tender documents concerning various transactions undertaken by the Turkana team.

The tenders under scrutiny relate to construction works undertaken by the county government.

Lawyer Nyachoti told the court that, the documents being demanded from the committee members were confiscated by the EACC officers last year and there is nothing more they can produce relating to the tenders.

“The alleged document being demanded  by EACC are not with applicants who have been harassed and threatened with  criminal charge” he said.

Judge Riech directed that the intended prosecution be stopped forthwith and allowed the applicants to file their documents.

The also court directed the matter be mentioned on July 12 2016 for further directions.

 

FORMER PRESIDENT MOI AIDE JOSHUA KULEI FRAUD CASE STALLS.

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Former President Moi’s Aide-Joshua Kulei with former lands commissioner Wilson Gachanja (left) leaving Milimani law courts after the mention of a case where they are Charged alongside others with conspiracy to defraud KAA on Sep 10, 2014.
BY THOMAS KARIUKI.

The hearing of a case dated 15 years ago High court Judge Isaac Lenaola dismissed his application objecting The charge saying the issues he had raised in the petition, could be handled properly by anti-corruption court.

former President Moi’s Aide-Joshua Kulei has been differed to next month.

Nairobi Anti-corruptio court Magistrate Lawrence Mugambi directed the case be heard on July 27 when his colleague who was handling the matter will be present.

The magistrate Felix Kombo was not present today which led to adjournment of the case which has stalled in the courts for quite some time now.

Kulei faces two charges of obtaining money by false pretences. Together with Ashar Ltd and Sian Ltd, they are alleged to have obtained Sh17.9 million from East African Gas Company between May 19, 1999, and June 17, 1999.

They are alleged to have conspired to defraud KAA on February 28, 1996, by irregularly facilitating the allotment of pieces of land in Mombasa, irregularly excised from the land belonging to KAA at Moi International Airport in Mombasa and to the Gas Company.

It is alleged that together with others, they committed the crime on May 14, 1999.

Klein is charged alongside former lands commissioner Wilson Gachanja, Ezekiel Komen, Prakash Bhundia, Peter Kipyegon Lagat, Ashar Ltd, Agrid Ltd and the Gas Company Ltd. Prakash, Gachanja, Lagat and Gas Ltd are also charged with conspiracy to defraud KAA.

He had earlier moved to the High Court to challenge his prosecution asking the court to determine whether it was fair to initiate a case 15 years after the alleged crime was committed.

Through lawyer Katwa Kigen, he also sought to know whether the charges could be premised on a parcel of land allegedly owned by Kenya Airports Authority.

He also wanted to know whether the government can allege he and his co-accused committed the crime as the project was approved by the KPC board of directors and the Finance and Energy ministries.

However Justice Isaac Lenaola dismissed his application objecting The charge saying the issues he had raised in the petition, could be handled properly by anti-corruption court.

The trial court will hear the matter on June 27.

TANZANIAN CHARGED WITH MOLESTING AIR HOSTESS DURING A FLIGHT TO DUBAI.

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Emirates Airline.
BY NT CORRESPONDENTS.

A Tanzanian national travelling to Dubai from Dar es Salaam has been charged after he pulled a lady from the cabin crew towards him, hugged and forcibly kissed her and as if that was not enough indecency took a selfie with the shocked woman.

He was charged in a Dubai court for molesting the 25-year-old American national.

The Dubai Court of First Instance was told that the incident happened in an Emirates Airline flight from Dar es Salaam to Dubai on April 22, 2016.

Prosecutors said the man asked for a picture with the attendant as she served passengers and she agreed.

While she was posing for the snap, the accused put his hands around her shoulder and then hugged her, the court heard.

“My supervisor yelled at the man for hugging me,” the American woman told prosecutors.

He asked her again for a picture and she agreed.

She said: “I stood next to him for the shot when he hugged me again and even and kissed my neck.” She said she was angry and pushed the passenger away to the back of the plane.

Another air stewardess said that the passenger appeared normal and did not cause any trouble or the rest of the flight.

However, the attendant informed police when the plane landed in Dubai and the man was arrested.

Police said the passenger, who only speaks Swahili, admitted to hugging and kissing the woman on the flight.

However, the man did not enter a plea in court and presiding Judge Fahad Al Shamsi, adjourned the case until next month.

He could face a year in jail to be followed by deportation if found calpable.

COURT DECLINES TO OPPOSE COMMANDER’S ‘ORDER’ IN TRANSFER ROW.

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Lawyer Okongo Omogeni for Judicial Service commission with lawyer Michael Osundwa who was challenging transfer of 150 judges.

BY THOMAS KARIUKI.

A Nairobi court has declined to issue an order against its boss’ decision to move judges to other stations.

The transfers of High court Judges will therefore take effect on June 2 as scheduled.

This after Justice George Odunga declined to issue orders against Chief Justice Dr Willy Mutunga’s decision agreeing to the argument that stopping the process will deny many Kenyans justice.

“Granting such orders sought would no doubt have the effects of depriving the said new stations of their rights under Article 48 of access to Justice,” ruled judge Odunga.

However the judge declined to strike out the petition but disallowed an application for conservatory orders meant to reverse the re-deployment.

He said the application had not been brought out of public interests and dismissed the same.

“It is my view and I hold that a higher injustice would be occasioned to the public at large if the conservatory orders are granted,” the judge held.

Among the affected stations are Kiambu, Nanyuki, Chuka, Lowdwar, Kapengeruria, Voi and Marsabit.

Lawyer Okongo Omogeni told the high court that, transfer and re-deployment of judges is solely an administrative matter which ought not to be questioned. It is the mandate of the Chief Justice.

“The CJ acted as provided for under Article 165 of the constitution which gives him power to carry out administrative duties in the judiciary” he said.

Mr Omogeni had earlier stated that the petitioner was engaging in a shopping mission for judges.

The enacted Act of 2015 provides for re-organization of the judiciary and the CJ being the head should ensure all Kenyans get justice wherever they are.

The action was not arbitrary, he said adding that it was brought to court just annoy and create attention to the effect that the law has been breached.

Mr Omogeni also challenged the petitioner to show how the new postings had affected him individually given that other Kenyans need to be served.

In exercising his power, it has not been demonstrated that the constitution of 2010 was contravened.

The petition is about character assassination, for having quoted senior counsel Ahmednasir Abdullahi several times and yet is not a respondent in the case

 

IG TO DEPLOY 200 MORE OFFICERS TO BRING SANITY ON KENYAN ROADS.

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National Transport and Safety Authority Director General Francis Meja shakes hands with Inspector General of Police Joseph Boinnet who said that the contingent of 200 officers will make all efforts to ensure that reckless driving and impunity has been reduced considerably on the roads.
BY THOMAS KARIUKI.

Passengers will now see more police officers deployed to curtail reckless drivers and notorious bodaboda operators who flout traffic rules.

This is according to a pact signed between the Inspector General of Police and the National Transport and Safety Authority aiming to stanch on errant motorists.

In the agreement signed at Jogoo House Office, the National Police Service said they will Attach 200 more officers to support and enforce set NTSA regulations.

This is aimed to restore order and reduce road carnage on Kenyan roads.

The IG Joseph Boinnet said that the contingent of 200 officers will make all efforts to ensure that reckless driving and impunity has been reduced considerably on the roads.

He said that his officers who will be seconded to the NTSA will go through rigorous interviews and vetting and those above the rank of Inspector must have been cleared by the National Police Service Commission (NPSC) vetting board.

Mr Boinnet stressed that those entrusted with this “noble and sensitive” duty should be officers of high integrity and moral standing.

“The officers who will qualify will be charged with the responsibility of speed check limits, drunk driving and enforcement of NTSA Act besides operationalization of instant fines schedule for minor offences,” he said.

NTSA Director General Francis Meja welcomed the move saying that road safety has become a serious concern not only to the government but also the general public because 85 % of accidents are attributable to human error.

“None of us is safe as long as we have drunk and reckless drivers on our roads. Impunity will not be tolerated,” he said.

Mr Meja singled out bodaboda operators as notorious in disrespecting traffic lights and flouting traffic regulations at will adding that motorcycles must obey traffic rules to avert accidents.

He also said that the collaboration was crucial in such a time like this to bring order, discipline and safety on the roads.

Director General also hinted of a plan to setup a platform where members of the public will interact and freely share information with NTSA in order to rein on errant drivers and other motorists.

The MOU, the IG said will go a long way in achieving the common objective of safe, reliable, efficient transport system and proper enforcement of traffic laws in the country.

 

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