Wilson Ndungu Kamomoe, Mohamed Nasir Khalifa and Josphat Okeo Kegengo appeared before Nairobi acting Chief Magistrate.
BY SAM ALFAN.

The trial of former senior staff of a milling company charged with stealing over Sh 218 Million from the company out of which Sh 1.2 Million was recovered will resume next year.

The trial court directed the criminal matter facing them to be heard on the 17 of February, 2016.
A wheat supplier and two senior staff members of a milling company were charged with stealing over Sh 218 Million from the company out of which Sh 1.2 Million was recovered.

The three Wilson Ndungu Kamomoe, Mohamed Nasir Khalifa and Josphat Okeo Kegengo appeared before acting Chief Magistrate Daniel Ochenja where the second accused alleged that the company’s auditor and police tricked him to withdraw Sh 1, 27,000 from his account.

However the investigating officer Corporal Joseph Mucheru of CID headquarters informed the court that amount is being held by police as evidence.

“Upon recovery the accused swore an affidavit before a commissioner of oaths that is why the amount was handed over to the police and it will be used as an exhibit once trial begins,” Said Mucheru.

Kamomoe, Khalifa and Kegengo were accused that on diverse dates between July 22 last year and February 8 at Pembe Flour Mills factory along Lunga Lunga Road within Nairobi County jointly with others not before court fraudulently conspired to defraud the company Sh 218,665,038 by false pretences.

They also faced a second count of stealing contrary to section 268(1) as read with section 275 of the penal code where it was alleged that on the said dates at Barclays Bank Enterprise road branch jointly with others not before court they stole Sh 218,665,038 the property of Pembe Flour Mills Limited.

However the accused denied all the charges leveled against them and were directed by the magistrate to deposit cash bail of Sh 7 million or bond of Sh 10 million to secure their freedom. He directed the case to be heard on July 2.

Meanwhile a bank teller has been charged with stealing Sh 11 million from Imperial Bank. Noah Randy Omullo appeared before Resident Magistrate P.M Mugure accused that on or before December 10 last year at unknown place jointly with others not before court they conspired to steal Sh 11, 500, 000 property of Imperial Bank.
Omullo was further accused that on the said date at the bank’s Upper hill branch being an employee of Imperial Bank as a teller he stole Sh 11,500,000 which came into his possession by virtue of his employment.

He however denied the charges and was ordered by the magistrate to deposit cash bail of Sh 2 million.

Embattled Machakos Senator Johnstone Muthama who may face private prosecution from activist over utterances he made at a rally in Uhuru Park two weeks ago.
BY SAM ALFAN
Director of Public Prosecution Keriako Topika wants an application filed by the activists seeking private prosecution against Machakos Senator Johnstone Muthama dismissed.
In an affidavits filed in court by the Senior Prosecution Counsel Duncan Ondimu describes the application by activist Joseph Kithyaka as speculative that comprises of opinion than fact.
“The application is frivoious, vexatious, misconceived; cleary an abuse of process intended to achieve ulterior motives” Said Ondimu in his affidavit.
The DPP further argues court should not be used to interfere with independent institutions that are clearly provided under the constitution and they should be allowed to operate without interferences.
He argues on 25 day of September 2015 the director of public prosecution consulted a Multi-Agency Team comprising of the Directorate of Criminal Investigations (DCJ), National Cohesion and Integration Commission (NCIC) and a team also includes the officers from the O.D.P.P and issued a press statement.
In his affidavit he says the team will interrogate and record statements made during a political rally by Cord in support of teachers strike which the senator is alleged to have made the statements.
“The team was required to interrogate and record the statements from all those who made certain statements and utterances during a political rally that was held at Uhuru park ground on 23 of September which amount to hate speech and incitement” Said Ondimu.
He said the task has already completed it investigations and the file has been submitted to the DPP for further directions and requested the application be dismissed.
The founder of Inter Ethnic Forum filed an application seeking private prosecution of Machakos Senator John stone Muthama over utterances he made at a rally in Uhuru Park two weeks ago.
Joseph Kithyaka seeks the court’s order to permit him to commence the private prosecution against the senator for inciting the public and insulting President Uhuru Kenyatta and Devolution and Planning Cabinet Secretary Anne Waiguru.
Kithyaka says in his documents that saying he should be allowed to charge Muthama given that the Director of Public Prosecution has not taken action against Mutham
Through his lawyer Victor Kariuki he said the senator’s utterances have caused widespread complaints and public outcry yet the DPP has failed to take swift action.
However the DPP Keriako Tobiko said in response said the application private prosecution of the senator is a sham, misconceived and speculative and, saying he apply to have the same dismissed.
“A team comprising of directorate of criminal investigations, integration commission and officers from my office has already interrogated all those who made certain statements which amount to hate speech and have submitted the file to me for appropriate action”

Kathyaka said the Senator should be held criminally responsible for specifically stating that teachers who will go back to work without being paid will be stoned.
“The DPP has delayed, failed and neglected to institute criminal charges pursuant to his powers under article 157 of the constitution” Kithyaka Said.
Kithyaka said the failure by the DPP to charge Muthama over utterances is tantamount a threat to national unity, security and the rule of law.
“The public perception that the law is applied selective is a threat to democracy and constitution and a bleeding ground for impunity” he said.
A private prosecution is a criminal proceeding initiated by an individual or private organisation instead of by a public prosecutor who represents the state.
On September 23, Cord held a rally at Uhuru Park to show solidarity with the striking teachers.
The meeting which the Teacher’s Union Knut did not attend was called by Cord principals Raila Odinga, Kalonzo Musyoka and Moses Wetangula.
In his speech, Muthama reportedly claimed Waiguru is President Kenyatta’s beloved CS despite being embroiled in corruption allegations in the National Youth Service where over Ksh 700 million was lost through questionable procurement process.
The remarks rally which was broadcast live on TV caused a storm in the political arena with cord Mps telling him to stay afoot and those from Jubilee side calling for arrest and prosecution.

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Fake Doctor Mugo wa Wairimu with his lawyer Cliff Ombeta and his wife at Milimani law courts basement cells after he was charged with rape among other 11 counts on Friday September 2, 2015.
BY SAM ALFAN.

Fake Doctor James Mugo Ndichu alias wa Wairimu has been freed on a cash bail of 1million and a bond of 5million.

Nairobi Chief Magistrate Daniel Ogembo released Wa Wairimu after his lawyer Cliff Ombeta made a successful application on Friday seeking the fake doctor to be released on bond.

“There was no compelling reason given by the prosecution to deny the accused bail” said Magistrate.
On Friday Mugo’s lawyer Cliff Ombeta asked the court to admit Mugo to bail saying the charges leveled against him are bailable and he was not flight risk. “The intention of the prosecution and police to continue holding the accused person is not convincing.
Apart from allegations, assumptions and believes which have no basis, the accused person has appeared in court and it is his right to be released on bond,” Ombeta submitted.
Ombeta pleaded with the court to release Mugo adding that he was willing to report at any police station or court as and when required. He said when Mugo was arrested he was taking a cup of coffee and prosecution has not disclosed to the court weather was an arrest warrant issued against him.
“This is hot air unless it supported by tangible evidence and it is our argument that the accused ought to be given bond to enable him prepare for trial,” Ombeta argued.
Ms Nyamosi also told the court that the State was also requesting that he remains in custody for his own safety.
However, State Counsel Jacinta Nyamosi opposed Ombeta’s request and asked the court not release Mugo on grounds that he was a flight risk and he was also likely to interfere with witnesses.
“While the prosecution appreciates that it is the accused’s constitutional rights to be admitted to bail, there are compelling reasons to warrant refusal of bail. He was aware he was a subject of investigations but he went into hiding until he was arrested in Limuru,” Nyamosi told court.
Ms Nyamosi said owing to the nature of crimes Mugo is alleged to have committed and vulnerability of victims it was in the interest of justice that he remains in custody. “The accused is a resident of Nairobi but on September 10 when he was arrested he had checked in at the hotel which is not his place of residence,” Ms Nyamosi argued.
Mugo was arrested at Gitungo Hotel in Limuru after a video, recorded using a hidden camera, was broadcast on TV causing outrage from the public and civil society that called for his arrest.
The video clip showed a woman on a doctor’s examination table and a man undressing before climbing onto the table and raping the sedated female patient. According to the media report, the video was taken at the Prestige Health Care Clinic in Githurai 44, which is operated by Mugo.
He appeared in court two weeks ago and police were allowed to continue holding him after the prosecution sought for more time to allow them assess the scene of crime and obtain records from various government agencies.
According to the charge sheet, Mugo was accused that on November 1, 2014 at the Prestige Health Care Clinic in Githurai 44 he administered four tablets of unknown drug to a female patient with intent of overpowering her so as to engage in a sexual activity.
“On diverse dates between November 1 2014 and September6, 2015 at Prestige Health Care Clinic while not registered and licenced as a medical practitioner you falsely used the title ‘Doctor’ by presenting yourself as Dr. Mugo Wa Wairimu to ABC when having not acquired a higher academic doctoral qualification,” Mugo was told in court.
He was also charged with operating the clinic illegally and practicing as a nurse while not registered by Kenya Nursing Council.
Mugo was also accused of operating a pharmacy between June 18 and September 6 at the same clinic without a practicing licence from the Pharmacy and Poisons Board (PPB). He was also accused of stocking and using unvalidated drugs and HIV testing kits without a licence from the Kenya Medical Laboratory Technicians and Technologists Board (KMLTTB).
Mugo faced another count of employing unregistered lab technologist at the said clinic contrary to the law. He further charged of operating an unregistered medical laboratory without a lincence from KMLTTB.
The matter to be heard on 19 of October.