Former youth Enterprise Development Fund Chief Executive Officer Juma Mwangala Mwatata escorted by a police officer to the cells after he was charged with corruption at Milimani law courts on Wednesday May 15, 2015.

BY SAM ALFAN.

The government has hatched an onslaught against former Chief officer of Youth Enterprise Development Fund Juma Mwangala Mwatata saying he officiated massive looting of youth money.
Through the office of the DPP, the state in submissions filed by Senior Principal  Prosecution Counsel Mr  Fredrick  Shimosi, said that from the evidence produced in court, it was crystal clear that Mwatata failed to comply with the law relating to  management of public funds and authorized  the supply of Hatching machine worth Sh208, 530.,000
The alleged illegal transaction was with a company, Connete Technologies and was signed in 2012 for the delivery, installation and  commissioning of 1,050 hatching machines.
Evidence by former  chairman of the fund Mr  Evans Gor Semelango and  James Gitau Singh shows that approvals to pay the cash was sought and given by the board as required by law.
“This was clear breach  of section 6(a) of YEDF which vests the board with management and administration of the fund and therefore former CEO committed an offence” Mr Shitambasi says.
He added that despite the fact that the contract was executed by the company, the approval by the board was requisite and therefore the accused  improperly conferred a benefit to Connete Technologies limited.
The  contract  was executed and payment of 50 per cent approved on the same day on 16 August 2012 before the bidder furnished advance  payment bond.
Mr Shitambasi also said that prosecution witnesses evidence showed that the hatcheries are still lying in stores at Kasarani stadium and the project was not  viable as the fund did not recover its money.
The accused was charged with three counts of willful failure to comply with laws governing the management  of public funds, abuse of office contrary to section46 of the Anti- Corruption Economic Crime Act of 2003.
Mwatata was also charged with engaging in a project without  prior planing contrary to section 45(2) of the  Anti- Corruption  Economic Crime Act.

BY SAM ALFAN.

A convict accused of defiling a minor will partake 15 more years in jail after an appeal he lodged at the Court of Appeal was dismissed.

This was the second time Paul Lokitari’s conviction was upheld by the court having tried his charm at the high court which in a similar verdict upheld his imprisonment.

Facts in the case are that 16-year-old victim A (a pseudonym given to protect her identity) who was caring for her younger sibling admitted at Kapenguria District Hospital stayed at the infirmary for several nights to take care of her kin.  It was then that she noticed Lokitari who appeared to have had a keen interest in her.

Lokitari, a member of staff at the hospital, would constantly check on the young girl and had even made sexual advances at victim A which she successfully thwarted.

However on the day of the crime at around 8pm, Lokitari came into the hospital room where the victim and her sibling were sleeping. He then grabbed and led her outside where he proceeded to defile her. After committing the heinous act he warned her not to tell anyone what had happened.

The following day, Victim A’s sibling was discharged from the hospital and they both left for home without narrating to anyone the monstrous act that happened to her the previous night.

Six months later, while in school, Victim A’s teacher noticed she was pregnant and it was only after confrontation that she told of her ordeal.

The mother reported the matter to the police and Lokitari was arrested. He was later charged with defilement and sent to prison.

Water and Irrigation Cabinet Secretary who Kenya Revenue Authoritu (KRA) wants the court to compel to pay over Sh6.5 million for unpaid levies.

BY THOMAS KARIUKI.

Kenya Revenue Authority wants the court to compel Water CS Eugene Wamalwa to pay over Sh6.5 million for unpaid levies.

A Range Rover Vogue car the CS says he bought from a business lady is the centre of this dispute which KRA says will follow to the latter to try weed out illegal car importers.

Documents presented before the High Court by KRA indicate that Mr Wamalwa owes KRA a whooping over Sh6.5 million in tax for that high end vehicle.

CS Wamalwa contests that he is a second owner of the motor vehicle having purchased it from business woman Grace Wambui.

Ms Wambui and 10 others have filed a petition at the court following the move by KRA to impound their motor vehicles.

Justice Isaac Lenaola issued orders stopping the seizure of the cars pending the hearing and determination of the suit.

The aggrieved petitioners says that that taxman did not given them time comply with directive to present their vehicles for inspection.

Through the law firm of Mwadumbo and Company Advocates,  they told justice Isaac Lenaola that  by giving them less than 24 hours to comply with the directive, KRA breached their rights to fair administrative action.

KRA in response says that the application before the court should be dismissed, arguing that their notice was justifiable and was caused by the nature of the goods held by the applicants.

The petitioners, Tripple One Motors say that the actions by Kenya Revenue Authority are repressive and have continued to act discriminatory and in a partial manner singling out certain businesses and leaving out other vehicle importers.

“By purporting to issue an unreasonably short notice for compliance and choosing to deliver the notice through the press as opposed to registered postal mail, KRA have denied the petitioners a reasonable opportunity for hearing hence breached their rights for fair administrative action,” the car owners totaling to about 20 said.

Being a reasonable car trader, Tripple One Motors says that they complied with all legal requirements for importation and registration of motor vehicles in Kenya and duly obtained certificate of registration for motor vehicles for each vehicle the subject of the petition.

Justice Lenaola also extended the temporary orders barring KRA from seizing the motor vehicles pending a hearing tomorrow Thursday May 26 2016.

Owners the collapse of a six-storey building that collapsed in Huruma at Milimani law courts.

BY SAM ALFAN.

A Nairobi court has allowed the police to have 2 more weeks to finalize investigations into the collapse of a six-storey building that collapsed in Huruma last month.

The investigations seek to unearth the persons liable for the loss of nearly 51 lives. Some under investigation are government officers who allowed the construction of the building on repellant land.

The Prosecution had asked a trial court to extend the time for investigations due to logistical issues including the gathering of evidence from multiple government agencies.

Brothers Mr Samuel Kamau and Mr Henry Muiruri, the proprietors of the collapsed building, are being investigated alongside Mr Chrispas Ndinyo, Mr Justus Kathenge and Ms Seline Ogallo and may face manslaughter and negligence related charges.

The case will be mentioned on June 7.

NYS scam mastermind Ben Gethi who his mother Charity Wangui is objecting the forfeiture of her alleged property bought using Sh791 million NYS scandal money.

BY SAM ALFAN.

The Assets Recovery Agency has asked the court to attach assets allegedly bought with proceeds from Sh791 million NYS scandal money.

In documents filed at the High Court, the agency’s director Ms Muthoni Kimani states that “there are justifiable grounds for the properties and assets procured either directly or indirectly using proceeds of crime to be liable to civil forfeiture.”

The file has also been moved to the newly established Anti-corruption and Economic Crimes Division of the high court.

Among the assets set to be recovered are those of alleged NYS scam mastermind Ben Gethi’s mother, Charity Wangui and two others who are fiercely objecting the forfeiture of a plot in Muthaiga North, Nairobi, Thika town, Rosslyn Estate in Nairobi, business known as Eden Times restaurant situated on the ground floor of Mercury Building along Moi avenue, Nairobi and a luxurious range rover sport registration number KCB 750 Z.

The case was initially set for hearing and determination before Justice Joseph Sergon but the respondents made a proposal that it be moved to the new division that was created to deal with all corruption matters.

In the proceedings, Ms Kimani says that the agency request is premised on investigations into allegations of the theft and fraud of funds amounting to Sh791, 385,000 from the ministry of devolution.

She said that the inquiry revealed massive fraud and embezzlement of public funds perpetuated by public officials and private person some of whom have been charge for various offences before the trail court.

The Agency boss says the team conducting investigations established that there were fraudulently obtained from NYS and transferred from the central bank through the government pay system (G-Pay) to several bank accounts belonging to business entities owned by one Joseph Kabura Irungu at the Family bank and transferred to various bank accounts within the said bank and others used to procure the properties in question.

Ms Muthoni states that a preservation order was already gazetted on the December 11 2015 vide Gazette Notice number 9197.

“The agency notified other law enforcement agencies for the financial investigations and requested for mutual cooperation in sharing information on the responds,” Ms Muthoni states.

She said that the proceeds of crime should be forfeited to the government and should be applied for public good and on behalf of the citizens of Kenya who are the victims of crime.

Justice Sergon directed that the matter be placed before the presiding judge of the new division on June 15 for further directions.

Lawyer Apollo Mboya addressing court over an alleged controversial sacking of judges on Monday May 23 2016 at Milimani Law Courts.

BY SAM ALFAN.

Former LSK secretary general lawyer Apollo Mboya has filed a suit challenging the Judicial Service Commission decision to sack judges.

The lawyer argues that when firing the judges, JSC is acting at the behest of impunity as there is a set procedure to remove alleged Rogue judges.

Mr Mboya says that JSC is admonishing judges.

In the suit filed at the High Court, he says that the commission has delayed to forward petitions to the President to appoint tribunals to determine allegations against some judges.

He told Justice Joseph Onguto, that JSC had purported to terminate services of some judges which action is contrary to law.

“JSC commissioners have no power under the constitution to admonish a judge of a superior court” he said.

The public, he told the court, is in limbo as to whether the concerned judges who are state officers and whose conduct has been determined as unbecoming and amounts to misconduct should remain in office.

He questioned why some Supreme Court judges have been asked to leave the judiciary without sending a petition to the President to set up a tribunal to determine their grievance.

JSC is chaired by Chief Justice Dr Willy Mutunga, Supreme court judges, Smokin Wanjala, Mohammed Warsame, court of appeal judge Aggrey Muchelule, lawyer Prof Tom Ojienda, Emilly Ominde, Prof Margaret Kobia, Kingetich Korir Bett and Winfried Waceke as commissioners.

The court certified the application urgent and directed that the matter be heard interparties on June 7.

Eight NYS scam suspects at Milimani law courts on Friday May 20,2016.
BY SAM ALFAN.

A fresh bid to charge 11 suspects linked to the loss of Sh791 million National Youth Service (NYS) money failed for the fifth time on Friday, May 20.

This is after the Director of Public Prosecutions (DPP) sought an adjournment to respond to a preliminary objection from the suspects’ lawyers to money laundering charges against them.

On Friday, the trial court was forced to defer proceedings against Ms Josephine Kabura, businessman Ben Gethi and nine others to June 10.

However, Chief Magistrate Daniel Ogembo warned parties in the case that he would not “entertain further” delays in the intended suit.

The suspects have filed a notice of motion opposing the money laundering charges arising from investigations involving the alleged theft of Sh791 million at NYS headquarters.

One of the lawyers, Patrick Ogola, has already obtained a stay order against the pending prosecution.

It was the fifth time the money laundering charges were being deferred; the suspects are challenging the jurisdiction of the court to charge them arguing that “the plea should not be taken.”

The court has ordered the suspects to be present for the hearing of the preliminary objection on June 10.
Fresh summons were issued to Charity Wangui, who is said to be Ben Gethi’s mother, and who has been challenging her inclusion in the criminal case.

“My reply is in soft copy and seeks time to file and serve all parties by May 26,” Assistant Director of Public Prosecutions Victor Mule said.

The 11 suspects are required in the chief magistrate’s court in Milimani, Nairobi, to answer to 15 counts of money laundering.

They are alleged to have jointly engaged in an arrangement for the purchase of motor vehicles and plots while knowing that the money they were using was from proceeds of crime, the prosecution says.

CORD principals Raila Odinga,Kalonzo Musyoka,Bungoma Senator Moses Wetangula and his Kakamega counterpart Bonny Khalwale at Milimani law courts.
BY THOMAS KARIUKI.

Jubilee MPs have asked the court to punish Cord chiefs Raila Odinga, Kalonzo Musyoka and Moses Wetangula over violent protests they have been fueling every Monday.

A suit against them was filed on Friday May 20 and certified urgent. It will be heard on Monday where the Cord coalition is expected to appear.

They said that RAILA, KALONZO, WETANG’ULA, and ORENGO have declined to obey orders issued on April 29 against violent protests, yet the said orders were granted in the presence of the Cord lawyers and published in the Nation newspaper of May 8 2016.

Jubilee MPs said the order is neither onerous nor ambiguous in any respect yet they have openly defied it.

They say that Cord failed to petition parliament or initiate any complaint against any IEBC commissioner and instead marched to the offices at Anniversary Towers, blowing whistles while inciting a crowd of followers bearing placards emblazoned with the words “IEBC MUST GO”, “THIEVES CANNOT SUPERVISE ELECTIONS”, and such like messages, uttering words to forcibly demand the removal of the IEBC Commissioners from office.

The MPs say that the contemnors while alleging that they have “unlimited, unrestricted, and blanket rights” under Article 37 of the Constitution to “agitate” for the resignation, vacation from office of the commissioners have failed to adhere to the lawful process of addressing such issues as envisaged in the order.

Through their lawyer Harisson Kinyanjui, they say that the gravity of the contempt is so heavy that imposition of a custodial sentence is necessary for public protection.

“Kenyan Nation in the Comity of Nations stands to suffer grave attrition with the threatened and further contumacious acts of the Contemnors as Kenya is due to host a Global UNEP Summit on May 23 2016 running to May 27 2016,” they say.

Necessitating the court’s intervention, Jubilee says that Cord on May 23 2016 has stated they will once again block the ingress and egress of the IEBC’s head office at Anniversary Towers, University Way.

“The contemnors have denigrated the Constitution in seeking to force the removal and/or un-contemplated and totally unwarranted resignation of the IEBC Commissioners on trumped up allegations of unfounded bias,” the MPs said.

Fomenting public unrest in violation of the court order, they say is no justification for the Cord leaders to advance their political Agenda in Kenya where the Principle of the Rule of Law is the binding element.