Former Powerful Cabinet minister Mbiyu Koinange’s widow, Eddah Wanjiru before a Nakuru court.
BY SAM ALFAN.
The battle of the vast estate of late former powerful cabinet minister Mbiyu Koinange which has lasted for over 25 years in court has now come an end.
Justice William Musyoka made several declarations which included the appointment of new estate administrators to manage estate.
The judge said that David Njunu Mbiyu Koinange and David Waiganjo Koinange wil be the administrators of the estate, the judge revoked former administrators.
He said the new administrators should take urgent steps to recover the assets held illegal by the members of the family.
Justice Musyoka, said property LR No 3561/2 and the Oceanic hotel and land which changed hand in unclear circumstance which to be among the assets to be recovered by the administrators.
The advocates who are holders of account at Ecobank Kenya limited should true account of the money within a period of 30 days.
He said the advocates were to hold the money in trust and they are entitled to account any amount removed from the bank and explain whose authority the withdrawal was done and spent.
The judge found in the judgment, that Margaret Njeri and Edda Wanjiru were not widows of the late Koinange, saying that the court makes declaration that they cease being members of the deceased.
The judge removed 11,000 shares held by Edda Wanjiru and directed the same revert back to the estate.
” To facilitate the distribution of land assets whose tittle documents have been misplaced or lost i order the cancellation of such transactions and direct chief land registrar to issue new tittles” he said.
The court directed that the matter be mentioned after 90 days to confirm compliance.

The butcher Isaac Komu who was sentenced to death a butcher who slaughtered his lover for aborting a baby over unrequited love in a suspected love triangle at Milimani law courts on Thursday September 24, 2015.

BY SAM ALFAN.

Nairobi High court criminal division on Thursday sentenced to death a butcher who slaughtered his lover for aborting a baby over unrequited love in a suspected love triangle.

Isaac Kirugo Komu is said to have murdered Jane Wanjiru Kagoya in 2008 in Gachie, Kiambu County. Isaac Komu used to own butchery and sell goat meat within Kihara market in Kaimbu.

Justice Ombija said the manner in which the accused dismembered the deceased body parts smacked the operation of ‘JACK THE REAPER’ which fitted well with his trade -a butcher by profession.

The American movie star who  is also known for committing gruesome murders from August 7 to September 10 in 1888, “Jack the Ripper”—a moniker for the notorious serial killer, who was never identified—remains one of England’s, and the world’s, most infamous criminals.

He is said to have killed her then cut off her legs and threw them in a latrine. He also threw the remaining part of the body in a well at a school

He was charged with the murder of Jane Wanjiru on September 2009.

The two were family friends, although Ms Wanjiru had a boyfriend whom she had a son with. Wanjiru had been Thuku’s lover for 6 years.

Thuku was happy at hearing he was going to be a father but Wanjiru insisted that she would abort the fetus. Eventually he accepted Jane’s will and the abortion was to cost Shs 8000.

Mr Kirugo was said to have been jealous that the woman loved the other man.

After committing the murder, the man kept sending threatening text messages to Ms Wanjiru’s boyfriend and her family using her phone.

He is said to have attempted to commit suicide after the woman’s body parts were retrieved from the toilet and the well.

Judge said on the totality of the circumstantial evidence adduced by the prosecution, through its witnesses, it is clear to him that there was a love triangle between the accused and the deceased and her other lover Kennedy Thuku.

He said the deceased appeared to love Thuku more than the accused which did not go well with the accused.

“The final straw that broke the camel’s back was when the deceased aborted a foetus which the accused thought was his. Envy, the greed monster set in. He then lured the deceased to his house, dismembered her and threw her torso in the bore-hole within Joy Nursery school compound and the legs at the pit latrine at the compound the accused used to sleep,” he says.

The accused has 14 days to appeal court decision before the judgement is implemented as per court judgement delivered today on 24 of September 2015 at Milimani law courts.

Justice Francis Gikonyo who ordered winding up Mugoya Construction and Engineering Company limited on accounts of its insolvent and inability to pay debts.
BYSAMALFAN.
High court has issued an order winding up Mugoya Construction and Engineering Company limited on accounts of its insolvent and inability to pay debts.
The petition to winding up the company was filed by city lawyer Gichuki Kingara who sought Sh 35,479, 350 being legal fees arising from the service he offered to the organization in 2009.
Justice Francis Gikonyo, said that company having failed to pay its lawyer there is good ground to winding up the company.
He said the judgment issued by the court remains unsettled, saying an attempt to review the same was declined by Justice Daniel Musinga now appellate judge.
” The decree remains unsettled and it has not been stayed the company is unable to pay debts as provided for under section 220 of the companies Act and it should be wound up” he said
Justice Gikonyo, further stated in his judgment that the MD (Mugoya) had been ordered to produce all books of accounts, tittles, log books, minutes books, bank statement, but declined.
The judge observed that there was a further order requiring him to explain how Sh 342, 000,000.00 received by his company from National Social Security Fund disappeared no explanation or documents were produced before court.
The court said that it has emerged that the company’s MD has been accused of transferring the company asserts to destinations which beyond the jurisdiction of the court.
“The company has been accused of hiding its attachable assets, refused to furnish security or produce books of accounts instead the company has engaged in delaying tactics” the judge said.
There is sense in which some impropriety may not be ruled out completely, saying Sh 14 million owed to Dew Security limited has not be denied or paid and no serious averment has come from company’s MD
Kingara’s law firm was instructed by company’s managing director James Mugoya Isabirye to act his behalf on a project worth over Sh 13, 608,000,000, the company failed to pay him on professional service rendered leading to litigation.

NARC Kenya party leader Martha Karua and Gatundu South  Member of Parliament Moses Kuria who has been sued for linking Ms Karua with Deputy President William Ruto criminal case before ICC.

BY THOMAS KARIUKI.

Gatundu South Member of Parliament Moses Kuria has been sued by Narc Kenya Party leader Martha Karua through his lawyer Senior Counsel Gitobu Imanyara over remarks he made in a political rally linking her to witness soliciting in order to fix the Deputy President at the ICC.

The Narc Kenya leader said that on the evening of Sunday, she was shocked to hear her name being adversely mentioned by the MP at a Prayer meeting held at Kapsikwony, Bungoma County.

Mr Kuria said that, he with others and Ms Karua were involved in drafting a letter that was sent to the International Criminal Court implicating the Deputy President for Crimes against Humanity.

She in response contacted her lawyer Gitobu Imanyara who was of the opinion that Mr Kuria’s words were defamatory, libelous and actionable. Similarly, she held a press conference at her NARC KENYA offices where she demanded an apology from the MP.

She said that instead of apologizing, Mr Kuria held a press conference at Parliament buildings where he reiterated the same words he had spoken at Kapsikwony.

“In addition, he stated that I met him together with others at Club Galileo in Westlands where we devised a scheme to recruit witnesses against the Deputy President for the case against him,” Ms Karua said.

Following the disputed General Elections of December 2007, the ensuing Post Election Violence in 2007/2008 and mediation efforts led by Mr. Kofi Annan, Ms Karua was appointed Justice and Constitutional Affairs minister.

She would, in her stature as minister for Justice and Constitutional Affairs, extensively interact with the various efforts and commissions involved in investigating the events of the Post-Election Violence, the Victims of the said Post Election violence as well as investigators from the International Criminal Court as Government of Kenya representative.

Ms Karua stated that Kuria’s statements have highly injured her reputation implying that she was not a diligent and trustworthy public servant as a Minister for Justice and Constitutional Affairs and that she was involved in bribing people to testify against the Deputy President.

“Unless the Defendant is compelled by this Honorable Court to cease from maligning my name and further injuring my reputation, I stand to suffer irreparable harm from his reckless and unwarranted attack on my integrity on grounds which he cannot substantiate,” the Narc Kenya chair said.

Lawyer Imanyara in the same light said that the words were calculated to paint the Ms Karua in negative light as the person behind the Criminal Case against the Deputy President, which words were scandalous, malicious, unwarranted and defamatory in the extreme.

He said that the words implied that Ms Karua had a corrupt interest in the ongoing cases at the ICC and had obtained corrupt benefits or advantages during her tenure as a Minister for Justice and Constitutional Affairs.

The lawyer also said that Mr Kuria implied that, “The plaintiff was a part of a criminal enterprise gang comprising of among others, the Defendant whose principal purpose was to interfere with the administration of justice at the ICC in breach of the Statute of the International Criminal Court and the Kenyan penal laws.”

Mr Imanyara also cautioned the court that pending the hearing and determination of the suit, Gatundu south MP should be restrained from issuing any statement on any media platform that pertains to the Applicant and her reputation, or in any manner from mentioning the Ms Karua’s name in any forum as would be defamatory, libelous and injurious to her reputation.

“Today I want to state it as it is. Whoever gets annoyed is his problem. When we had election violence in Kenya we had PNU and ODM. Each party was seeking victory. I was in PNU with MP Serut. All of us rushed to the ICC… I was part of the team that wrote a letter to the International Criminal Court and this was political theatrics and we need to tell Kenyans the truth…. I am ready to call on Martha Karua…come and tell us that this was only a political game…”

The matter was certified urgent and to be heard on 1 October for further direction.

Former Finance minister David Mwiraria who has been summoned to appear in court on October 23 to face charges over the sh10 billion Anglo leasing scandals.
BY SAM ALFAN.
The Nairobi Anti-corruption court on Tuesday summoned former Finance minister David Mwiraria to appear in court on October 23 and answer to the charges related to over Sh 10billion Anglo Leasing scandal.
Principal Magistrate Felix Kombo issued the summons following application by prosecution led by Mr B. Mutuku that the former powerful cabinet minister and close confidant of retired president Mwai Kibaki is now well to plead to the charges against him.
He informed the court that the position of Director of Public Prosecutions (DPP) Keriako Tobiko is that Mwiraria should take plea, according to medical report he is now fit for plea taking.
However, the Magistrate allowed the prosecution request and issued summons against Mwiraria to appear in court for plea taking.
On June 26, 2015 the court directed that the ailing Mwiraria be tested by a government doctor to ascertain if he can be arraigned in court to face corruption charges related to Anglo Leasing saga.
The court requested for an independent report alongside that of his doctor Prof Peter Ndagwatha, which indicated that the minister is critically ill and therefore, not fit to be on the dock.
His lawyer Kioko Kilukumi, told the court that the former powerful minister is battling with cancer in hospital. “Mr Mwiraria is terminally ill. He has been having cancer for a long time and thus we
are suggesting that we mention the case in a month’s time to have a report from his doctors and those who will be appointed by the prosecution,” Kilukumi said.
The former minister is to face charges together with 13 other individuals for their role in the multi-scam, but he never appeared on grounds that he was in hospital.
He is jointly charged alongside businessman Deepak Kamani, his father Chamanlal Kamani and brother Rashmi Kamani,
The other accused persons included Kisii Senator Chris Obure, former Postmaster General Francis Chahonyo and former PSs Sammy Kyungu (Communication), Joseph Magari (Treasury) and Dave Mwangi (Internal Security) and David Onyonka, former head of debt management at the Treasury, and former Finance secretary Samuel Bundotich.
Mwiraria alone is faced with four counts of conspiracy to commit an economic crime and to defraud the government of Sh4.08 billion.
Another count reads that he is accused of engaging in a project without prior planning. He is also accused of allowing the financing of a project intended to upgrade police and other security systems
dubbed ‘E-Cops’ valued at Sh6.08 billion.

The former minister resigned from the finance docket in 2006 after he was adversely cited in a report on graft by the then adviser to former President Mwai Kibaki on ethics and integrity John Githongo.
The Kamani’s are named among companies that were awarded 13 out of 18 Anglo Leasing security contracts.
On Friday last week,the Kamini’s family who are facing criminal trial over the Anglo Leasing scandal, have lost bid to quash the anti corruption case
High court Judge Justice George Odunga, dismissed the application for judicial review on grounds that the applicants Kamni’s did not demonstrate to the court they will get fair trial.
The judge said allegation brought against them can only be determined by the trial court as the judicial review court cannot interfere with matter before the lower court if it has not been shown that justice will not be rendered to the applicants.
Justice Odunga further said from the evidence shown by the office of the DPP indicates that despite the fact that former AG Amos Wako gave an opinion over the contract it appears fraudulent acts happened during the execution of the contract.
He said that it’s for reason the government terminated the contracts, saying he is not the position to determine what exactly happened that is for the trial court which will receive evidence from the prosecution.
The judge further held that he cannot overturn the decision of the DPP to charge them without evidence being adduced
Justice Odunda said that. Deepak Kamani, his brother Rashmi Kamani and their father Chamanlal Kamani have denied having links with companies that were awarded the contracts.
It will upon the prosecution before the trial court to prove them wrong on their defence.
The companies listed as having benefited from the Sh18 billion contracts were Sound Day Corporation, Apex Finance Corporation, Anglo Leasing and Finance Limited, Infotalent Limited, Globetel Incorporated and Midland Finance and Securities Limited.

Imenti Central Gideon Mwiti at  Milimani law courts.

BY SAM ALFAN.

High court judge has refused to be drawn into a circus involving the MP for Imenti Central Gideon Mwiti over a medical report which was published in the media.
The information touched on a complainant alleged to have been raped by the legislator.
Justice Weldon Korir, said that the media should ensure that ethical standards are maintained while publishing such stories.
The decision by the judge arose from an application seeking a clarification how a medical report in the case found itself to the media and was widely published before being tabled in court.
The said report, according to lawyer Wilfred Nderitu who represents the victim in the rape case against the MP said it created an impression that the author had accessed the medical records of the victim.
Mr Nderitu told the upon reading the news item he raised concern seeking an explanation over how the confidential report was accessed and published beforehand.
“The article attempts to determine the criminal case outside the four corners of the judicial proceedings,” he said.
He also alleged that the article may have been written at the behest of “a person interested in the outcome of the case.”
Dr John Khamniwa who represents the MP opposed Mr Nderitus application saying that the constitution guarantees media freedom and dragging the court into press matters “amounts to engaging in extraneous exercise.”
Mr Mwiti’s rape trial was halted due to a petition he lodged in the high court challenging the indictment
Justice Korir sated that the courts cannot be swayed by reports appearing in the media saying the ruling and judgments depend on evidence placed before the courts.
He said being dragged into determining the authenticity and the veracity of the report would mean “holding lengthy proceedings in and attempt to establish sources of information and correctness of the same.”
“In order not to prejudice the parties’ right to take up this matter before the right forum I f for determination, i will withhold my opinion on the said article” Mr korir sated.
He said the parties in the case should rest assured that the decision will not be influenced by anything happening outside the litigation arena.
“For now it is important for this court to focus its attention on the judicial review application.

Standard Media Group Lawyers Patrick Lutta at Milimani law courts after issued orders to resraining the Standard Media Group and Nation Media Group two from publishing stories linking Nairobi with the financial woes of the collapse of Mumias Sugar Company on Monday 21 September, 2105.
BY SAM ALFAN.
High court has barred to mainstream Media houses from further publishing any articles linking Nairobi Governor Evans Kidero to a report compiled by KPMG linking him with the financial woes of the collapse of Mumias Sugar Company.
In a suit filed at the High Court, Nairobi, Kidero defended his nine-year tenure at the helm of Mumias, saying he is not to blame for the current troubles facing the company.
Justice Alfred Mabeya said the two media houses may re-publish the articles once and if, the suit is determined in their favor.
This is after the Nairobi Governor moved to court through his lawyer Professor Tom OJienda seeking order to gag the two news outlet over the matter.
However, two mainstream media houses opposed the case saying the suit filed by Nairobi governor Evans Kidero to gag them should be dismissed.
Justice Mabeya said the constitutional right to freedom of expression has a limitation and that limitation is the respect for the reputation of others.
“A man is his reputation. Once reputation is lost, it cannot be regained. It is even worse when its destruction is repeated. No amount of damages in my view, unless the plaintiff expressly so indicates in his pleadings, is capable of restoring lost reputation,” he said.
Dr Kidero sought orders seeking to restrain the defendants from further publishing any article or material concerning him in relation to a report dated 8 July 2014 by KPMG regarding the affairs of Mumias Sugar Company
Mabeya stated that there was no evidence that the permission of KPMG had been obtained to publish the information in the draft report.
He also took into consideration that whilst Kidero is a public figure and that his actions both past and present must be put to scrutiny, the same should be scrutinized and published fairly.
He added that as a public figure, any falsehood as to his standing and integrity, considering chapter six of the constitution might have devastating effect on him as a person as well as his character.
“I am satisfied that in the circumstances of this case, the exercise of the right to freedom of expression by the defendants does not outweigh the private right to the reputation of Kidero,” he said
In the case, Kidero sued Standard Group Limited, Paul Wafula, Daniel Wesangula, Nation Media Group Limited and Remenya Gibendi.
He alleged that between 9 and 18 February this year, they maliciously, recklessly and without justification published or caused to be published articles concerning him in relation to the management of Mumias Sugar Company that were defamatory of him.
“The stories were premised on an unconcluded draft report dated December 18, 2014, which had a disclaimer clause that it was not for public use since they knew they had not given a chance to the people they mention to defend themselves,” he says in a sworn document.
It was the defendants contention that the articles were factual extracts from the KPMG report and that they gave the plaintiff an opportunity to comment.
During the hearing, Lawyers Patrick Lutta for the Standard and San Mohamed for the Nation said the KPMG report was obtained from Parliament indicating that it was in the public domain for Kenyans consumption.
Making their submissions, the two lawyers said the suit seeking to bar the two media houses from publishing stories concerning Mumias Sugar Company financial would be malicious as they only acted as a conveyor belt.
“The alleged KPMG defamatory materials complained of are extracts of documents in the public domain. The plaintiff’s private interests do not outweigh the public interest,” lawyer Lutta said.
Lutta said it will be a great disservice to the Kenyan public if the allegations against the company are not published since the public and the governments who are shareholders have a stake in it.
The suit, Kidero defended his nine-year tenure at the helm of Mumias, saying he is not to blame for the current troubles facing the company.
Kidero’s lawyer Professor Tom Ojienda said the forensic audit by KPMG showing massive losses at the company was carried out after Kidero had left the company and did not cover the years he was there.
“The stories were premised on an unconcluded draft report dated December 18, 2014, which had a disclaimer clause that it was not for public use since they knew they had not given a chance to the people they mention to defend themselves,” Ojienda said.

City Lawyer Moses Nyambega addressing the court during the hearing of a civil suit brought against officials of the central Kenya Conference by Geoffrey Asanyo and Charles Maranga at Milimani law courts on Monday 21 September, 2105.
BY SAM ALFAN.
High court will make a decision on September 24 over the Central Kenya Conference leadership wrangle.
Justice Roselyn Aburili said pending the decision of the court the order halting newly elected officials stopped from taking over the church management and function shall remain in force.
The court will consider t6he application by two church members Geoffrey Asanyo nad Dr Charles Maranga claiming some church ministers purported to hold election on 6 to 8 September 2105 at Karura SDA Church Nairobi without involvement of known delegates
The judge observed until all parties are heard the interim order issued on 11 September 2015 shall remain in-force until the inter parties hearing.
Justice Aburili said there will no prejudice suffered by the defendant, if the order is extended until September 24.
The two applicants Mr Asanyo and Dr Maranga, have submitted to the court that the said election was irregular and unlawful as current officials were not involved.
They said through their lawyer Moses Nyambega, that proper procedure was not when the elections were held.
He told the court that the current officials were elected on 30 March 2010 and their term will expire on 30 November 2015 that when elections are supposed to be conducted.
Consequently John Kiragu Jeremy of Central Kenya Association, Samuel Makori, Alfred Gitonga Makundu of East Africa Union Conference, Kennedy Maina, Japhet Ochorokodi and David Sande of West Kenya Conference, Blasious Raquri Alain, Jerome Habicha of East Central Africa Division cannot hold themselves has officials of Central Kenya Conferrer
Mr Nyambeya further submitted to the court that defendants lacks the legal capacity to call for election of the Central Kenya Conference and holding themselves as executive director, Secretary general and Treasurer respectively.