Former Cabinet Secretary Anne Waiguru  who has been dragged afresh into National Youth Service (NYS).

BY KURIAN MUSA.

Fresh revelations have emerged about off-the-cuff dealings of Former Cabinet Secretary Anne Waiguru at National Youth Service (NYS).

Information in a sworn statement by Josephine Kabura Irungu, a business lady, it has developed that the the Cabinet Secretary established a conduit to award NYS cronies tenders.

Details shows Ms Kabura an ally of Ms Waiguru between April and 2012.

According to her, Waiguru had been tipped off to be in the Cabinet of the party she was involved in campaigns. The party later formed the Jubilee government.

She alleges meeting the former CS at KDN. She would later visit her Runda Evergreen House Number 29 to plan how to do business with government.

“We became friends and great acquaintances,” she states.

Could it be a friend turn foe tell-tale story? In occurs that the scheme to rip off Tax-payers money kicked off before the ballot was cast in March 4, 2013.

Kabura explains: “ She (Waiguru) informed me she could link me with influential and resourceful contractors at the Finance Ministry including Mr Karani Nyamu whom she introduced as (her  close friend and business associate) who she told me she had assisted in securing major contracts through his companies Verve K.O and Zinga technologies…”

More, October 7, 2014, the affidavit details Betty Maina, Personal Secretary to Ms Waiguru meeting Kabura at restaurant near Uchumi House Nairobi. In this forum, business kicked off.

“She gave me about seven copies of certificates of incorporation of the companies the CS had assisted to be registered,” Kaburas’ statement reads.

Eventually, “The Cabinet Secretary instructed me to open bank accounts for the companies at Family Bank and Specifically at Kenya Tea Development Authority Plaza (KTDA)

It was at this point, Kabura says milking the nation’s taxes would take place. November 2014, the first Local purchase Order (LPO) to her firm was issued by Hassan Noor_ Director Administration and planning Devolution Ministry, for the delivery of construction materials for Kibera project.

Hassan Noor is one of the Key officers allegedly introduced to Kabura between August and September 2014 by the Cabinet Secretary. Others include: Adan Harakhe, who is said was poised for a senior administrative position at the NYS, Mutahi Ngunyi_a consultant at NYS and Loise Nyamu Mbarire, Ms Waiguru’s Elder Sister.

“She informed me that four people excluding Loise will be of assistance in processing of tenders and payments for the goods supplied and services rendered. Loise’s role would be to pay supply Agents and move profits,” she details.

The seed capital for Kibera project was provided by the former CS to start the supply and Sh. 24 Million was brought by Loise Mbarire.

A riveting account of Kabura notes that CS Waiguru stated that, ‘in big deals, there are normal Government bureaucratic delays in remittance of payments and she therefore advised that it would be wise to have some business front to rely on.

To process the payments for the Supply, One Mr Mutahi Ngunyi is said to have facilitated the account particulars where Kabura deposited Sh 1.5 Million.

story to be updated with more information shortly.

High court Judge, Justice Lenaola who has disqualified himself from hearing the case in which Nairobi County Chief of Staff George Wainaina Njogu is seeking to stop criminal case
BY SAM ALFAN.
High court Judge has disqualified himself from hearing the case in which Nairobi County Chief of Staff George Wainaina Njogu is seeking to stop criminal case in which Nairobi Senator Mike Sonko accused Wainaina of attempting to bribe him with Sh7 million.

Justice Isaac Lenaola disqualified himself from hearing the case saying he received some comments which he termed as offensive.

“I will not continue hearing this matter because I received some comments last week which are offensive,” said Lenaola.

He directed the matter to be heard next week by Justice Joseph Onguto.
Mr Lenaola also extended the orders sought by Wainaina to remain in office pending the inter-party hearing in February 23.

When he was issuing the orders Lenaola said he wanted to hear the response from the side of Ethics and Anti-corruption commission, DPP Keriako Tobiko and Nairobi Senator Mike Sonko before I give further directions

“I have to hear the response from the side of Ethics and Anti-corruption commission, DPP Keriako Tobiko and Nairobi Senator Mike Sonko before I give further directions,” said Lenaola.

Through his lawyer George Kithi, Wainaina claims that the process of prosecuting him was unconstitutional. He claims that Nairobi Senator Sonko has arrogated himself statutory powers of investigation of alleged economic crimes.
Kithi said that by a press statement dated January 4, 2016 Sonko arrogated himself the powers to direct DPP and that of EACC in the investigations of the alleged crime.
He added that pursuant to that press release which he terms illegal, the DPP and EACC allegedly launched investigations and proceeded to arrest and charges him.

Wainaina claims that his rights have been violated and the findings of the investigations are not based on factual information.

Nairobi Senator Mike Sonko has told a court that he has a secret video recording capturing the moment a senior City Hall official attempted to bribe him with Sh7 million.

Senator Mike Sonko has accused Nairobi chief of staff George Wainaina of steering corruption cartels in the county government.

The flamboyant senator also denied receiving the bribe from the Nairobi county Chief of Staff George Wainaina.

Wainaina and his secretary Roslyn Aluoch were arrested on January 7 for allegedly offering a Sh1 million bribe to Sonko to drop a land-grab case.

The case involves a Loresho plot owned by the Nairobi Water and Sewerage Company.
In a sworn, Sonko says his office has received several complaints from the public about cartel-led county corruption.

These include theft of public funds and forcible acquisition of public and private land, he says.
Sonko says most complainants were afraid to come out in public for fear of losing their lives or being victimized by the cartels.

The senator was responding to Wainaina’s petition seeking to have his criminal trial suspended.
Sonko says the audio and video recording at his office is “overwhelming evidence” that Wanaina was bribing him to silence the “corrupt and fraudulent” activities by some county officers.

He said the chief of staff approached him after his press briefing on January 4.

Mr Sonko was responding to wainaina allegation that he sensationally claimed that Nairobi senator Mike Sonko allegedly solicited Sh 7 million from him in order to drop corrupt charges against him.

Wainaina through his lawyer James Ochieng’,Wainina claims that the process of prosecuting him was unconstitutional.

In his documents filed in the high court, seeking to stay the criminal proceedings against him, he has faulted Director of Public Prosecution and Ethics and Anti-corruption commission for failing to conduct proper investigations.
In his court documents, County official claim’s the city politician tried to solicit the money through Nairobi TNA party chairman John Njoroge and Brian Kamau Mugo.

According to the documents, the two intimated they had been requested and authorized by the senator broker and resolve the dispute.

“The two floated a figure of Shs7 million payments to the politician to facilitate the withdrawal of the bribery case facing Wainaina” state the documents.

Wainaina adds the two also called his brother namely Moses Wainaina Njogu and John Gichua Njogu with the same proposal.

He says the decision of DPP and EACC at the instigation of Senator Sonko to arrest and prosecute him without proper investigations and making public disparaging press statements without evidence is aimed as a criminal besmirching as a the chief of staff.

“The findings of the respondents are not based on any factual information based on investigations” argues Wainaina.

He has accused the office of Director of Public Prosecution of abusing powers following a decision to arrest and prosecute him hence violating of his constitutional rights and freedom.

’’This is submissions of administration of justice and it’s aimed at illegal curtailing the petitioner personal liability contrary to the constitution” he claims.

Ochieng added that unless the petition is certified urgent the respondent will continue with the prosecution process which he terms illegal.

Nairobi Chief Magistrate Daniel Ogembo who has ordered former Lugari MP Cyrus Jirongo to appear in court in person on the February 18 for plea taking over the over alleged false information he gave implicating former president Daniel Moi’s son in a corruption scandal.
BY SAM ALFAN.
Former Lugari MP Cyrus Jirongo has been given three days to appear in court to plead to various charges of giving false information and committing fraud

Milimani Chief Magistrate Daniel Ogembo said that the politician should honor summons to issued by the court on February 9

Jirongo is to appear in court on February 18 for plea taking in relation to the allegations made against him by businessman Sammy Kogo over sale of his suit property.

However his lawyer James Orengo told the court that Jirongo had not been personally served with summons and the he was away in upcountry.

He persuaded the court not to issue a warrant of arrest, since Jirongo was not aware of the summons; the same was only served on his advocates.

The summons came as result of the application by an investigating officer Eveline Makia applied that suspect be summoned against him Jirongo is alleged to have committed offences in various dates between 1992 and last year in relation to a parcel of land. Makia

She said that after investigations the prosecution is now ready to have Jirongo formally charged.
According to the charge sheet filed in court prosecution alleges that Jirongo committed the said offence between September 25 1992 March 27 last year at Directorate of Criminal Investigation (DCI) headquarters in Nairobi he informed Sergeant Maxwell Otieno that he paid Shs 7 Millioni as an alleged balance of payment for purchase of Soy Developers Limited.

This is despite the fact that Jirongo knew the information was false, intending thereby to cause Otieno to arrest Moi as an accomplice in the alleged fraudulent purchase of Soy Developers in which the CID officer ought not to have done if the true state of facts in relation to such information were known to him.

Jirongo is also set to answer charges of obtaining execution of a security by false pretenses.

The prosecution further alleges that Jirongo on September 25,1992 in Nairobi by false pretenses and with intent to defraud, he induced Post Bank Credit Limited to accept Bank Charge.

This was in respect of a parcel of land LR NO. 209/11151-IR 47029 registered in the name of Soy Developers Limited to secure a Shs 50 Million overdraft facility to Cyber Projects International as valuable security.

Politician is expected to plead to a charge of making a document without authority on September 25.1992.

The prosecution claim Jirongo with intent to defraud without lawful authority made the said bank charge in the name of Soy Developers Limited purporting it is genuine and valid.

The former MP faces another count of uttering a false document in which he is being accused of having knowingly and fraudulently uttered a bank charge in respect of the said parcel of land.

It is alleged on the same date in Nairobi Jirongo using the name of Soy Developers he presented the said bank charge to the manager of Post Bank Credit Limited purporting it to be genuine and valid and signed by Sammy Boit Kogo and Davy Koech.

He is expected in court on 18 to plead to the charges.

Sources informed us Jirongo skipped court summons today in what is termed as an attempt to settle the matter out of court.

Safaricom Chief Executive Officer Bob Collymore leaving Milimani law court after testifying in a case which a woman is accused of making a false VISA card purporting it was issued by Barclays Bank of Kenya with intent to defraud at Milimani law court on Thursday February 11, 2016.

BY SAM ALFAN.

Safaricom Chief Executive Officer Bob Collymore testified in a Nairobi magistrate court against a woman alleged to have forged his credit card.

Collymore appeared before Milimani Resident Magistrate Edda Agade where he confirmed that he is the holder of the forged card.

Esther Wanjiku Gichuru alias Alice Wagithi Ciuri is accused of making a false VISA card purporting it was issued by Barclays Bank of Kenya with intent to defraud.

Collymore testified that indeed he is the holder of the said Barclays Bank Credit Card bearing

Number 426399990105 8195 and issue on 09/10.

“I have been working at Safaricom since November 1, 2010 and I normally use the card for international expenses like hotels, local entertainment and meals together with shopping,” said Collymore.

He added that he last used the card on April 20, 2011 at the Sankara Hotel, Westlands and on April 30, 2011, he was called by Barclaycard and asked whether I had used the card for recent purchases at Safaricom shops.

Collymore said they also asked him whether he had attempted to use it at butchery in Hurlingarm.He confirmed that he had not used the card for those purposes.

“Later on May 7, 2011 I was informed by my personal assistant that a suspect had been arrested and I was requested to record my statement,”said Collymore.

Wanjiku is facing another count of uttering a false document contrary to the law.The court heard that she committed the offence on April 28,2011 at Safaricom retail Shop at Nakumatta Mega along Uhuru Highway in Nairobi.

She is said to have uttered a Barclays Bank Visa Card No 42639999 0105 8195 to Francline Shelr, a cashier at the said shop, purporting that the said card was genuine issued by Alice Ciuri.

The accused allegedly purchased a laptop Hp Compaq mode at a Safaricom Shop at Eastleigh Estate on April 28, 2011 using the same forged card.

Wanjiku faced several other counts of obtaining goods contrary to the law, making document without authority and uttering false document in different Safaricom shops/.

Frank Ochieng Walukwe in a courtroom during the hearing of a case he is seeking orders restraining the Independent Electoral and Boundaries Commission (IEBC) from printing ballot papers for Law Society of Kenya (LSK) elections at Milimani law court on Thursday February 11,2016.

BY SAM ALFAN.

Independent Electoral and Boundaries Commission have been given a green light to jointly with Law Society of Kenya print ballot papers for the upcoming polls..

The IEBC has however been disallowed not to print the ballot for the National council members which is under dispute.

“The court will makes its findings on the matter and IEBC can go ahead and print the ballot papers awaiting the outcome,” said Korir.

Walukwe’s lawyer Okongo Omogeni said there were no clear regulations governing the elections and LSK chairman had usurped the powers of the Secretary General by baring other candidates.

LSK President Eric Mutua said Ochieng’s allegations are misguiding as the records contains the evidence.

Mutua in a replying affidavit said that by the time LSK electoral process commenced Ochieng’ had not attained the mandatory two years post admission experience required under the statute.

“The election is not a single event but a process which commenced from the date LSK sent its first notice dated 21, September 2015,”said Mutua.

Mutua admits that indeed Ochieng’ was admitted to roll of the advocates on January 23, 2014 but by the time the process commenced the lawyer had not attained two years post admission experience.

He added that the verification process was conducted upon the completion of nomination forms from various members.

This according to him was to verify that all the applicants had complied with provisions of the law and sign the code of conduct for the elections.

On a letter dated December 19, 2016 Mutua says that he advised Ochieng’ that he was not qualified to vie for that post. “I also advised him that LSK will consult with IEBC and make a final decision of his nomination,” said Mutua.

Mutua added that the allegations by Ochieng’ that he was not informed about his illegality are false because LSK directly exchanged correspondences with him.

He added that the letter was written to him on February 2, 2016 advising him that the election process will begin from nomination process.

“LSK and IEBC consulted each other to ensure fair and free elections, the allegations by Ochieng’ are baseless and are supported by no evidence,” said Mutua. He added that the election involving several candidates requires the strict observation of the law.

Ochieng’ said in his court papers that he completed the nomination papers for the position of Council Member, National Office and returned them to the CEO of the LSK, and was shortlisted on November 24 the same year.

He however claims that despite his eligibility, LSK’s governing council has purported to reach a decision to the effect that he is not eligible to contest for the seat he is seeking.

The lawyer alleges that he has been prevented from contesting in the elections set for February 25, as a National Council Member of LSK, on claims that he is not eligible.

The lawyer has sued both the LSK and the IEBC, which will be conducting the elections.

The lawyer has sued both the LSK and IEBC, which will be conducting the elections. The judgment on whether the lawyer will vie for the seat will be delivered on March 16.

Court has stopped Independent Electoral and Boundaries Commission (IEBC) from printing ballot papers for Law Society of Kenya (LSK) elections slated for February 25.

Justice Weldon Korir Ruled that LSK ought not to prove printing of the final ballot before a matter filed by an aggrieved party is heard and determined.

“The first respondent not to approve printing of the final ballot before the matter is heard and determined” said Korir.

Judge said an application by lawyer Frank Ochieng Walukwe an aspiring candidate in the election, should be heard before the election take place.

Independent Electoral and Boundaries Commission (IEBC) should not print the ballot papers until determination is made by the court, the court ruled.

This comes after an application by one of the contestants who were allegedly denied an opportunity to vie as national council member.

Seven Parliamentary staff Obudo Samuel, Mary Gathigia, Keith Musyoki, Aloys Nyambariga, David Mulinge, George Omondi and Benjamin Njagi appeared before Chief Magistrate Daniel Ogembo before a Nairobi court on Tuesday November 10, 2015 at Milimani law courts.

BY SAM ALFAN.

The case against former Senior Parliament official’s accused of fraud is now set to begin in March 30.

Milimani Chief Magistrate Daniel Ogembo allocated the date and urged both prosecution and defence to prepare for trial.

They were charged with conspiring to steal sh 70.6 million from the Parliament.

Obudo Samuel, Mary Gathigia, Keith Musyoki, Aloys Nyambariga, David Mulinge, George Omondi and Benjamin Njagi appeared before Chief Magistrate Daniel Ogembo and denied the charges.

The court heard that they allegedly conspired to steal on diverse dates between July 2013 and June 2015.

Mary Gathigia, Keith Musyoki and Aloys Nyambariga faced other counts of Abuse of Office and making a document without authority.

The court heard that on January 2014 to June 2015 at parliament building in Nairobi  being persons employed in the public service as Deputy Director Finance  and Accounts ,Principal Procurement Officer  and Procurement Assistant  respectively, they arbitrarily directed  the procurement of assorted printing tonners  all  valued at sh 70.6 million.

On the last count, Otieno, Kithua, Arun and Kagutu were accused that on similar dates, being persons employed in the public service as director finance and accounting, principal finance officer, deputy director internal audit and accountant (III) respectively, they arbitrarily directed the payment of assorted printing toners all valued at Sh70,624,900.

The accused faced several other counts of abuse of office. They denied the charges before Chief Magistrate Daniel Ogembo and were released on a Sh1 million bond and one surety of similar amount or a cash bail of Sh300, 000.

The defence through lawyer James Ochieng Oduol applied for favorable bond terms on the grounds that the accused are Kenyan citizens and are not fright risk.

Earlier five of the accused person appeared before aNairobi court and were released on a Cash bail  of Sh 300,000 with a surety of Sh 1 million.

BY SAM ALFAN.
A land tussle that has sucked in Nairobi Senator Mike Sonko, a city developer and now in the mix is Lands boss Prof Muhammad Swazuri.

Nairobi Businessman Shital Bhandari has denied he owns a controversial parcel that is said to belong to Nairobi Water Reservoir.

The land is in Loresho Estate, Nairobi.He accuses lands boss Swazuri of maligning his reputation.

Mr Bhandari says he owns a different parcel of land LR. NO. NAIROBI/BLOCK/ 90/595 contrary to another L.R NO. NAIROBI/BLOCK 90/599 that Nairobi Senator Mike Sonko claimed the businessman has grabbed and started developing it for his personal gain.

In his affidavit, Mr Shital Bhandari says the affidavit sworn by the National land commission Professor Mohamed Swazuri is full of falsehood that are circulated to mislead, undermine and confuse the court on the matter.

He claims Mr Swazuri confirms National land commission was aware of the existence of the orders issued on 5/11/2015 yet it participated in the raid and eviction on his property on the 21of December.

“The land belonging to the Nairobi company is different from the parcel of land no 90/595 and there is an attempt to distort facts by alleging that the Nairobi water company is part of the land and the land and my plot A,B and C before amalgamation” Said Shital.

He claims Swazuri is misleading the court by stating that ‘I was not or I was never in possession of my land’.

“The truth is that I have always been in possession of my my land and that why I had constructed a wall and store house which was demolished and looted when the commission had a politicians (Senator sonko) and host of other people raided my land on 21 December last year” says Shital in the affidavit.

On what seems to twist the ownership of the land, the businessman claims there is a distinct boundary between his alleged plots no LR. NO. NAIROBI/BLOCK/ 90/595 and L.R NO. NAIROBI/ BLOCK 90/599.

He says there was a wall dividing the both properties of land that was destroyed by the in an attempt to defeat the orders of the court.

However, Justice Onguto ruled that, he will hear the application citing Swazuri lead commission for contempt of court first to establish whether it disobeyed the said court order.

Shital Bhandari urged the court to cite National Land Commission chairman Muhammad Swazuri for contempt for denying him access to the land.

Nairobi Senator Mike Sonko and Nairobi County Government have been enjoined in a suit filed by businessman who claims the ownership the land on which the Nairobi Water Reservoir stands on Loresho Estate.

Justice Onguto allowed Sonko application seeking to be enjoined in the matter as an interested party saying he is being affected by ther orders sought by the businessman seeking the revocation of the notice issued by the National Land Commission.

Sonko in his affidavit filed in court said he received complaints from the residents of Loresho in his office that a private developer had hived of a plot title no L.R NO. NAIROBI/BLOCK 90/599 whose usage is meant for a water reservoir for Nairobi City County.

“The plot has all material times being in the possession and control of the Nairobi Water and Sewerage Company” said Sonko.

He says after the complaints he summoned the managing director of Nairobi Water and Sewerage who confirmed the plot holds a water reservoir that supplies Nairobi water to Nairobi residents of Loreshio and it surroundings.

Last year, Nairobi Senator Mike Sonko obtained orders stopping construction on the land.
President Uhuru Kenyatta also ordered the revocation of Bhandari’s title deed.

The matter will be mentioned on the 9 of March to confirm whether the parties have issued a joint statement regarding all the matter over the said land before court.