Blog Page 421

HOUSE HELP CHARGED FOR KILLING 18 YEAR OLD BABY IN KIAMBU.

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Rose Auma who is accused killingher employer’s 18-month-old baby at Riruta Kwanyama estate, Kiambu at Milimani law court on Wednesday March 23, 2016.

By Sam Alfan

A househelp has been charged with the murder of her employer’s 18-month-old baby at Riruta Kwanyama estate, Kiambu.

A court heard that the accused, Rose Auma, killed the child on February 11by hitting her with a blunt object.

The prosecution said Mercy Nanzala’s body was found neatly wrapped and tucked into her mother’s bed. It had deep wounds on the thighs, back and cheeks.

Auma was arrested at her rural home in Kakamega county where she allegedly fled to after committing the offence.

More than 10 witnesses are expected to testify in the case which Justice Stella Mutuku said will be heard on July 18.

OLYMPIC PRIMARY SCHOOL UPGRADED AT SH31.9 MILLION BY BRITAM AND LAXMANBHAI.

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The Olympic Primary in Kibera in Nairobi.

BY SAM ALFAN

 

Congestion at Olympic Primary School will be a thing of the past following the unveiling of 15 new classrooms and rehabilitation of five others in joint financing by Britam Holdings and

Laxmanbhai Construction Limited.

The project is estimated at a Sh31.9 million.

Britam contributed Sh21 million towards the project while contributed Sh10.9 million.

The new classrooms will provide the much needed space for leaners at the school which has over 4000 students mainly drawn from the nearby Kibera Informal Settlement in Nairobi.

Speaking today while handing over the classrooms to the Nairobi County Government at the school, Britam Holdings Chief Executive Officer (CEO) Stephen Wandera said that the company will continue working closely with the county government to invest in the education sector.

“I call upon other like-minded organizations to partner with county governments and invest in the future of Kenya’s children,” said the CEO.

Nairobi County Deputy Governor Jonathan Mueke lauded the companies saying that the county government will partner with more companies to build secondary schools in order to increase the transition rate from primary to secondary schools.

“The provision of free primary education has led to high enrolment rates in primary level thus training available resources. The transition rate to secondary school from primary schools is still low and the county government will work towards building more secondary schools,” he said.

The Deputy Governor also said that there are many dilapidated schools in the county due to limited resources available from the national government leaving the schools in a bad state.

“Education is a national government function and the resources available to the education ministry are strained due to high demands in the sector thus there is need for more partnerships to improve the sector by providing infrastructure to better the learning environment,” he said.

 

 

RAILA SUES GOVERNMENT OVER ALLEGED HARASSMENT OF ODM BIGWIGS AT THE COAST.

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Mombasa Governor Hassan Joho and his Kilifi counterpart Amason Kingi  who are alleged to be facing harassment and intimidation by the government at Milimani law courts.

BY THOMAS KARIUKI

The Orange Democratic Party has taken on the government over alleged harassment and intimidation of its leaders at the coast.

ODM through its leader Raila Odinga told the court that there has been a persistent state sponsored harassment and intimidation of the leadership of the Orange Democratic Movement after the Malindi By-election which was won by ODM candidate Bakari Mtengo.

The High Court sitting in Malindi upheld the position of ODM and issued orders stopping any harassment and or intimidation of the leaders pending the hearing and determination of the case.

Mombasa Governor Hassan Joho and his Kilifi counterpart Amason Kingi who stand with the statements of their party leader told the court that the government has politically instigated a selective profiling of ODM leaders.

“The government through its leadership has been systematic and orchestrated using coast region security coordinator Nelson Malwa to issue several public statement and pronouncements threatening the arrest and withdrawal of ODM leaders’ firearms,” they say.

Raila says that on Monday March 22 2016, the two governors and other leaders received telephone summons from the DCIO Malindi to appear at the Police Stations to answer to alleged charges of robbery with violence.

The party also contends that Governor Joho’s security men Bernard Kiplagat, Jonathan Kipruto and Munyi Kassim have been withdrawn and charged with robbery with violence.

Other members of ODM, Raila says have been arbitrarily arrested, illegally confined and harassed since the Malindi by-election and now, live as fugitives in their County as a result of constant summons and threats of arrest by the police following their involvement in celebrating the victory of Malindi MP Mtengo.

Governor Joho also claims that ODM Director of Communications Mr Philip Etale was arrested by 20 policemen from his room at Rafiki Hotel in Malindi on Monday, March 7, 2016 between 1:00am and 2:00am from where he was taken to Kilifi Police Station on allegations of possession of election materials. His vehicle was also impounded.

According to the party, ODM leaders at the coast are entitled to freedoms from discrimination, security of person, right to human dignity and freedoms of association, conscience and to political rights protected under the Constitution.

Raila says that he is also aware of a local ODM activist Leila Tingakiti who was intimidated by Administration Police at Sir Ali Bin Salim Primary School polling station who initially turned her away denying her the right to vote but only yielded after the intervention of fellow voters.

Governor Joho says that he is apprehensive that their rights are being trampled on under the heavy hand of political machinery and we stand no chance of fair treatment before the law enforcers.

The ODM party wants the court to address the alleged violation.

 

 

COURT STOPS TRANSFER OF SH5.3 BILLION TATU CITY LAND.

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Former Central Bank of Kenya (CBK) Governor Nahashon Nyagah and her sister Jane Wambui leaving Milimani law courts. (FILE PHOTO)

By SAM ALFAN.

An order stopping the controversial sale of land that has sacked in the CID boss Ndegwa Muhoro’s name in Tatu city land scam has been issued.

Foreign investors secured orders blocking the sale and transfer of more than 2,000 acres of rich farmland worth Sh5.3billion to third parties.

High Court Judge Charles Kariuki ruled that it was in the interest of all the warring parties to preserve the properties in Kiambu County at the centre of an acrimonious fall-out between the foreign and local partners.

The sanctions, which were first imposed against the group allied to former Central Bank of Kenya (CBK) Governor Nahashon Nyagah and industrialist Vimal Shah on May 12, last year, will also remain in force until April 20 when the dispute will be heard.

The international investors have accused their Kenyan minority partners of attempting to alienate and sell the land in Kiambu County parties in a deliberate attempt to swindle them before the ownership dispute is heard and concluded.

Senior Counsel Ahmednassir Abdullahi, who is representing the parent firm Tatu City Ltd and its subsidiary Kofinaf Company Ltd, argued before Justice Kariuki that the properties were at risk of being off-loaded to prospective buyers and the foreign investors were likely to suffer great financial loss.

The conservatory orders lapsed on March 15 when the matter was mentioned before the Deputy Registrar without the knowledge of representatives of the international businessmen, Ahmednassir said, adding that there was very high likelihood of the property changing hands illegally.

The investors say they had already sold the prime land to a local developer-Daykio Plantations-but have been unable to transfer ownership upon discovery that their local rivals had unlawfully secured possession of the property through Purple Saturn Properties Ltd.

Meanwhile, the international investors want Nyagah’s sister, Jane Wambui Gacoka and associate Samuel Ojoro Malaki, punished for disobeying orders restraining the local shareholders from convening any meetings relating to the business affairs of Tatu City Ltd, Kofinaf Company Ltd and their subsidiaries.

The sanctions were imposed by Justice Francis Gikonyo onMay 13, last year but Wambui had confirmed that a meeting was held at Tatu House on January 11 to discuss a bank loan in which the disputed land was to be offered as security.

“The two have deliberately and repeatedly elected to disobey the order. Their actions are an outrage and direct attack on the administration of justice and the dignity of the court,” lawyer Tom Macharia said.

 

The application will be argued on April 20.

SENIOR IMPERIAL BANK OFFICIALS CHARGED FOR THE LOSS OF SH29 BILLION.

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Imperial Bank senior Officials  Zulfikar Haiderali Jessa,Nashir Haiderali Jessa, James Jamlick Kaburu and Naeem Ahmed Shah at a milimani law courst where they have been charged with conspiring to defraud the bank of Sh29 billion through an illegal overdraft disbursement scheme on Wednesday March 23, 2016.

BY Sam Alfan

Five senior Imperial Bank officials have been charged with conspiring to defraud the bank of Sh29 billion through an illegal overdraft disbursement scheme.

They are Naeem Shah, Nashir Jessa, Nargis Jessa, James Kaburu and Zulfikar Jessa.

The five who appeared at Milimani law courts on Wednesday 23 were also charged with engaging in organised crimes.

Shah, Nashir and Nargis were accused of colluding with others not before the court to steal Sh34 million for purposes of obtaining financial benefits.

They allegedly committed the offense between August 30, 2010 and September 15, 2015.

Shah who was head of credit and Kaburu, a Chief Finance Officer, faced another charge of making false entries in bank books under their maintenance.

The bank was placed under receivership last year after CBK became aware of unsafe bank practices.

CBK’s move came a few weeks after Imperial Bank appointed Mr Naeem Shah as interim managing director following the death of its former MD Mr Abdulmalek Janmohamed.

The five officials allegedly did this between January 1, 2006 and September 15, 2015, with the intention of committing fraud.

The accused denied the charges before senior principal magistrate Joyce Gandani.

They were granted a Sh500, 000 cash bail each pending a bond determination hearing set for Thursday.

The prosecutor had asked the court to grant the accused a “harsh cash bail”, noting that the money stolen was in billions.

He also asked the court to confiscate their passports saying they were a flight risk.

Receiver manager Peter Gatere accused former group MD Abdulmalek Janmohamed and other senior officials of embezzling the funds. The MD died from cardiac arrest on September 15.

The funds were transferred to 20 companies and individuals named as respondents in the case, Gatere said in documents filed in court.

 

RETIRED JUDGE TAKES ON JUDICIARY FOR “DISCREDITING” HIS REPUTATION.

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Retired Judge Nicholas Ombija speaking to journalist at his lawyer office while reacting to Judges and Magistrates Vetting Board decision claiming he was unfit to serve in the judiciary on Thursday March 17, 2016

BY THOMAS KARIUKI

Retired Judge Nicholas Ombija has launched an onstraught against his former employer after a decision declaring him unsuitable to serve in the judiciary when he had already voluntarily resigned.

The high court judge says that he stands to “suffer public embarrassment and ridicule” if the decision is allowed to stand.

Before his resignation retired Judge Ombija served in the criminal division of the high court.

Judge Ombija contests that the decision by the Judges and Magistrates vetting board to declare him unfit despite him voluntarily resigning will discredit his reputation making him to be shunned by right thinking members of the society and it will also expose him to hatred, contempt and ridicule.

According to his lawyer, Roger Sagana the judge had voluntarily retired as a judge prior to the scheduled hearing before the Board on March 15 2016, “he did not attend before the Board for re-vetting.”

The lawyer argues that the process by which the suitability of a serving judge or magistrate to continue serving in the Judiciary is determined cannot take place if the Judge retires and does not appear before the Board and therefore a determination which is an outcome to the process cannot be rendered.

The Judges and Magistrates Vetting Board made a purported determination that was served on the judge on March 17 2016, which found him unsuitable to continue serving as a Judge.

He said that the board has no jurisdiction to vet the retired Judge after he has retired voluntarily.

Retired judge asked for an order to quash the determination of unsuitability to continue serving as a Judge by the Vetting of Judges and Magistrates Board pronounced on 17th March, 2016.

He also probed that unless the matter is heard and determined urgently he would suffer great irreparable loss, prejudice and damage.

 

KENYA LAW FIRM RANKS AMONG THE BEST IN THE WORLD.

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Senior counsel Mohammed Nyaoga who is also Central Bank of Kenya Chairman who is among top lawyers ranked by Chambers and Partners.

By Nairobi Times Correspondent

Mohamed Muigai Advocates has been ranked among the best law firms in the world according to a report released by Chambers Global.

Law firm networks Chambers ranks leading law firm networks around the world, by region and practice.

The report is published annually in March with factual information, such as mergers or lawyer-moves the website is kept up-to date throughout the year.

Senior counsel Mohammed Nyaoga who is also Central Bank of Kenya Chairman is described as an intelligent leading figure at the firm and is acknowledged as a formidable litigator by market commentators. One client says: “He’s a good litigator, accessible and down-to-earth.”

The Attorney General Professor Githu Muigai, is the other partner in the law firm hence the name Mohamed Muigai Advocates.

Geoffrey Imende belonging to the law firm attracts praise for his expertise in civil and commercial litigation, and experienced advice on constitutional matters. One impressed client comments: “He has handled major lawsuits of great importance – we would recommend Geoffrey as a very prominent and intelligent advocate.”

Another lawyer in the firm Mr Emmanuel Wetang’ula is credited for his diligent work in industrial disputes, and is complimented for his “very straightforward and clear advice.”

Young intelligent and humble lawyer Guto Mogere is a prominent figure in a wide range of dispute resolution mandates, and is described by his peers as “very good and extremely bright.”

Some of their significant clients are Kenya Pipeline Company, Kenya Airports Authority, Kenyatta University, Simba Colt Motors and Kenya Commercial Bank among many others.

The law firm is also touted to have produced the best legal brains in the country after majority of lawyers topped as the best legal brains.

Other lawyers include John Ohaga who is well known for his talents as counsel in commercial litigation, in addition to his notable experience acting as an arbitrator. His expertise extends to areas including employment law and public procurement.

Other ranked include James Ochieng’ Oduol, Eugene Nyamunga, Njoroge Regeru, Anthony Njogu , Sean Omondi,KishoreNanji, Fred Ngatia, Njeri Kariuki of Njeri Kariuki Advocate senior counsel Pheroze Nowrojee, Desterio Oyatsi,Paul Ogunde, Fred Ojiambo,Karori Kamau,Allen Gichuhi who l;ost his bid to become law2 society of Kenya president, Waweru Gatonye among other lawyers in the country.

Evans Monari is also ranked and who is described as active in cross-border cases and also has experience dealing with digital migration mandates. One client says: “I have nothing but positive things to say about Evans. He took our case on in a very personal manner in terms of the advice he gave and in court. He’s a well though tof lawyer within Kenya legal circles.”

Among law firms listed include Mohamed Muigai Advocates,Njoroge Rigeru &, Iseme,Kamau&Maema Advocates, Oraro & company Advocates,Hamilton Harrison & Mathew , TripleOKLaw Advocate among others.

Esther Kinyenje was among Kenyan female listed by Law firm networks Chambers.

 

2017 POLITICS THREATEN TO RIP-OFF MURANGA COUNTY TO ITS KNEELS.

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Muranga County Deputy Governor Augustine Gakure Monyo lawyer Waithaka Ngaruiya outside Milimani Courts obtained orders stopping an ultimatum issued by the Salaries and Remuneration Commission to refund money paid for his housing by the county Tuesday March 22,2016

BY THOMAS KARIUKI

Muranga County Deputy Governor has obtained orders stopping an ultimatum issued by the Salaries and Remuneration Commission to refund money paid for his housing by the county since August 2013.

Mr Augustine Gakure Monyo, the deputy governor moved to the court through lawyer Waithaka Ngaruiya demanding a reimbursement of all amounts deducted from his salary for the payment of rental deductions.

According to an order issued by the Deputy Registrar of the High Court, the county, its servants and agents have been restrained from deducting, withholding or interfering with the deputy governor’s salary in a bid to recover any funds spent for the leasing, renovation or furnishing the house pending service to the county.

Mr Monyo says that deducting his salary through the negligence of the county is illegal and violates his right to fair administrative action as well as fair labour practices as provided in the Constitution of Kenya.

In March 2013, he says, the county through the full participation of the county departments of the various ministries and the national government including the Ministry of Housing, the County Administration as well as the defunct Transitional Authority decided to provide housing facilities for the deputy governor at Bahati Estate, Thika-Gatanga road.

He says that the recovery of the money shall soon plunge him into a financial crisis and also compromise his chances of getting all the relevant clearances from the various regulatory bodies as he is intending to run for public office in the coming General Elections.

“The general elections are fast approaching and the allegations are merely malicious and meant to settle political scores,” the deputy governor contests.

Mr Monyo also says that after the county conducted the exercise with due diligence through its independent administrative systems, it entered into a lease agreement with the landlord, renovated and furnished the house and upgraded the premises as a whole to its desired standards and he took possession of the premises in July 2013.

In October 2014, the deputy governor says he was informed by the county “for the first time ever” that it had been advised by the Salaries and Remuneration Commission (SRC) and the Kenya National Audit Office (KNAO) that it was illegal for the county to provide the said housing facilities to him despite SRC being well-versed about the deal as early as August 2013.

He says that the county government immediately made a unilateral decision to surcharge him for all the funds that it had spent in leasing the house, renovating it as well as furnishing the same yet the decision to lease the premises and to furnish the same was made and executed by the county.

As a result of that communication, Mr Monyo contests that he vacated the premises in November 2014 without carrying with him the furniture or any other items therein as the county appeared reluctant to resolve the issue and was bent on enforcing its decision without according him any hearing.

The deputy governor therefore wants the county restrained from making further deductions immediately.

“The Respondent shall continue making the illegal deductions from the Applicant’s salary yet the monies recovered therein are for the furniture therein which furniture is part of the Respondent’s assets,” he said.

Proceedings continue April 1 2016.

 

IEBC COMMISSIONER AND CITY LAWYER’S ACCOUNT TO BE FROZEN OVER SH1.3 BILLION.

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Lawyer Anthony Oluoch who is being accused of together with Thomas Letangule of swindling them Sh 1.3 billion as retirement payoff.

BY SAMALFAN.

Over 400 ex-employees of Telkom Kenya want a joint bank account belonging to IEBC Commissioner Thomas Letangule and a city lawyer frozen.

They accuse accuse the two of swindling them Sh 1.3 billion as retirement payoff.

The claimants want the accounts of Mr Letangule and lawyer Anthony Oluoch frozen until they give a detailed account on how they have disbursed the money to the former employees.

The money was awarded to the retirees following an out of court settlement which the advocates negotiated on their behalf in October 2014.

The State Corporation agreed to settle the amount following a legal dispute with the former employees that have been in court for nearly ten years.

The former workers were retrenched in 2006 but Telkom was found to have acted discriminatorily by the Court of Appeal.

In urgent pleadings lodged before the Labor Relations Court, claimants say there has been great disparities in monies they have since received.

Letangule and Aluoch, the claimants allege have failed to disclose the formal used in disbursing the money.

According to the applicants, efforts to reach the IEBC commissioner to seek answers on the criteria used to pay them have all failed as he has refused to address them.

Consequently, they want the two advocates summoned to give an account of how much money was released to them by Telkom.

Telkom the say should be summoned to give an account of the amount they released to their account held at National Bank of Kenya (NBK).

They are further accused of making colossal deductions from the applicants’ lump sum payments as legal fees without their consent.

According to them, the deductions are illegal as they were paid by the parastatal.

 

BRITISH NATIONALS HANDED 12 MONTHS JAIL TERM.

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Ian Glover, 46, Steve Gibson, 60, Eddie Swift and Paul Abbott, both 47 sentenced to twelve months in jail or pay a fine of Sh200, 000 each for sneaking into Wilson Airport and taking photos.

BY SAM ALFAN.

FOUR British nationals have been sentenced to twelve months in jail or pay a fine of Sh200, 000 each for sneaking into Wilson Airport and taking photos.

The four are accused of entering a restricted area without permission and refusing to follow lawful instruction given to them by an officer.

Senior Resident magistrate S. Jalango heard that Ian Glover, 46, Steve Gibson, 60, Eddie Swift and Paul Abbott, both 47, were said to have entered Wilson airport without permission and authority of Kenya airport authority manager and took photos.

They allegedly committed the offence on March 11 at an Air side area of East African air charters Hanger at the Wilson.

They were also charged with another count that on the same date they refused to follow a lawful instruction given to them by Mr Douglas Singei not to enter the restricted area of the airport located in Nairobi, the capital of Kenya.

The court heard the suspects arrived in the country on March 10 while on a three days transit visa. The next day they went to Wilson to meet with the manager Charles Owino who was to give them permission to enter the airside.

They were denied access because their passports had not been vetted by necessary authority. They were advised to go back at KAA to get permission from the manager. They neglected and entered the said area wearing reflective jackets and started taking photos of air-crafts.

The prosecution said they were arrested in possession of five memory cards, two I phone phones, a nokia phone, a mini laptop and an apple iPad. The gadgets were taken for cybercrime analysis and it was verified that the gadgets can be used by anybody.

Through their lawyer Nicodemus Ouma, the four told court that they were remorseful and had written and communicated with the manager of cooperate affairs at Kenya airports authority before visiting the country.

“We had communicated with officer in December last year and we had given all the documents required”, they told court.

Jalango convicted the four by considering their mitigation.

 

 

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