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FORMER MURANG’A COUNTY BOSS, TWO OTHERS FREED ON SH20 MILLION BOND.

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Former Murang'a Governor Mwangi wa Iria before Anti-Corruption court where he denied the charges. /PHOTO BY S.A.N.

BY SAM ALFAN.

Former governor Mwangi wa Iria and his associates have been charged with corruptly receiving millions from public coffers when he was the Murang’a county boss.

Wa Iria was charged alongside David Maina Njeri and Solomon Mutura Kimani with several counts including money laundering and conflict of interest after awarding contracts to a private firm for provision of publicity and media services.

The trio appeared before Milimani Anti-Corruption Chief Magistrate Thomas Nzakyo and denied the charges.

The charge sheet stated that Wa Iria and his co-accused- who are directors of Top Image Media Consultants unlawfully received a total of Sh351 million from the county government for services not offered.

It is alleged that they committed the offence between 21st of October 2014 and 19th June 2017 when they allegedly conspired to unlawfully contract the company to provide media buying services.

The former Governor was separately accused receiving Sh31.8 million from Top Image Media Consultants, an offence he allegedly committed between 20th May 2014 and 19th June 2017.

The trio are further accused that on 27th May 2014 and 20th February 2015 being the governor of Murang’a County, directors of Top Image Media Consultants and value View Limited respectively, they entered into an arrangement for the transfer of Kshs4. 5 million Hemes on account Top Image.

Wa Iria was ordered to deposit bond of Sh20 million or alternative cash bail of Sh10 million to secure his release.

MATHE WA NGARA LOSSES SH13 MILLION TO STATE AFTER COURT DECLARES THE FUNDS PROCEEDS OF CRIME.

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Nancy Indovera Kigunzu popularly known as ‘Mathee wa Ngara’ before Jomo Kenyatta International Airport (JKIA) in Nairobi.

BY IRENE ONYANGO.

The High Court has declared Sh13,474,520 seized from businesswoman Nancy Indoveria Kigunzu, popularly known as Mathe wa Ngara in August last year as proceeds of crime.

Consequently, Justice Esther Maina directed the funds be forfeited to the government after the woman, who is facing charges of trafficking narcotic drugs, failed to explain the source of the money.

The judge said the cash was directly connected to criminal activity even though the charges she is facing is yet to be concluded.

Justice Maina added that whereas the Assets recovery Agency (ARA) was not required to prove the commission of a specific offence, the agency was required to prove a causal link between the money and some unlawful conduct or criminal activity.

“The sum of Sh 13, 474, 520 be and is hereby forfeited to the Government of Kenya and an order is hereby issued that the amount be transferred to the Applicant’s account number 1240221339 at Kenya Commercial Bank Limited, KICC Branch”, ruled Justice Maina.

The Judge also condemned Indoveria to pay the costs of the suit.

Mathe wa Ngara was arrested by the Directorate of Criminal Investigation on November 23, 2023 at her residence in Kariowa slums, Ngara.

During the arrest, the police confiscated over Sh13 million in cash, 26 bags of cannabis, 4 cartons of rolling materials, 173 packaged sweets and a carton containing suspected cannabis-infused cookies.

The agency argued that it only needs to establish a prima facie case to satisfy the court that there is evidence to support the belief that the property sought to be forfeited is proceeds of crime or unlawful activities.

The agency further submitted that the evidence presented before the court establishes that the funds in issue are proceeds of crime.

However, Indoveria through her lawyer submitted that the application was ill founded, misconceived and premature as the suit funds were exhibits in a criminal matter where the trial is yet to begin and to be concluded.

“There being no conviction or acquittal, it is uncertain whether the suit funds are proceeds of crime. Forfeiture of the suit funds would be prejudicial to the Respondent and would amount to interference in the ongoing criminal case,” said the Respondent.

It was their submission that the question of whether the Indoveria committed a crime is to be determined by the trial court.

TRADER FAILS TO PLEAD TO THEFT CHARGE IN PURSUIT OF DEAL WITH COMPLAINT.

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director of Ultimate Platinum Cars Limited Ayub Abdul Gaffar Kadernani before Court. /PHOTO BY S.A.N.

BY NT CORRESPONDENT.

The director of Ultimate Platinum Cars Limited has failed to plead to the charges stealing Sh 1.5 million derived from the sale of a motor vehicle.

Ayub Abdul Gaffar Kadernani appeared before Milimani Chief Magistrate Susan Shitubi but did not plead to the charges.

This is after his lawyer informed the court that they have entered into consent to settle the matter out of court.

The court allowed them to proceed with negotiations and return before court on Monday to confirm the status of the talks and possible record a consent.

According to the charge sheet before court, Gaffar is accused of stealing the money from John Mwangi Munyiri, an offence he allegedly committed on diverse dates between 22nd June and 23rd June 2023 in Westlands, Nairobi County. It was alleged that he committed the offence jointly with another not before court.

Gaffar is also accused of conspiring with another commit the offense of stealing the said money which was proceeds realized from the sale of motor vehicle registration No. KCT 755V make Subaru Outback, the property of Munyiri.

The case will be mentioned on May 6.

DUO CHARGED WITH MAKING FALSE TRAVEL VISAS WITH INTENTION TO DECEIVE.

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Nicolus Ng'ang'a Muchiri and John Muchiri Mbicuria before court. /PHOTO BY IRENE ONYANGO.

BY IRENE ONYANGO.

Two businessmen have been charged with making false travel visas for the Kenya Taekwondo Federation.

Nicolus Ng’ang’a Muchiri and John Muchiri Mbicuria were accused of making the documents with the intention to deceive.

They appeared before Milimani Chief Magistrate Susan Shitumbi and denied the charges.

The charge sheet stated that they committed the offence on or before 23rd December, 2023 at unknown place.

The duo are further charged making a false Kenya Taekwondo Federation Travel Visa request Letter dated 23rd December 2023, purporting it to be a genuine letter of Attestation issued by the Vice President (KTF) Philip K. Khakame. The court heard that they made the letter with intent to deceive.

The court was informed a co-accused has already been charged and their matter pending before the trial court.

They were released on a bond of Sh500,000 plus one surety or an alternative cash bail of Sh100,000 and two contact persons.

BOMAS BOSS ACCUSED OF BUYING PLATES AND CUPS WITHOUT AUTHORISATION

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Bomas of Kenya Chief Executive Officer Peter Gitaa Karia. /PHOTO BY S.A.N.

BY SAM ALFAN

Bomas of Kenya Chief Executive Officer Peter Gitaa Karia has been taken to court for buying plates and cups, cutlery, and other kitchen items without following due process.

Karia is accused of failing to comply with the law relating to procurement and engaging in the procurement process without an approved budget.

He appeared before Milimani Anti-Corruption Chief Magistrate Thomas Nzakyo and denied the charges.

Between 29th December in the year 2020 and 30th June in the year 2021 within Nairobi County being CEO of Bomas of Kenya, Karia is accused to have willfully failed to comply with procurement section 44(2)(a) of the Public Procurement and Asset Disposal Act, 2015 by engaging in procurement process without approved budget in relation to Quatation 15/kitchen items.

They include Quatation 16/utensils, Quatation 17/kitchen items, quatation 18/plates & cups and quatation 19/cullery and other items during the financial year 2020/2021.

The Bomas of Kenya boss is further accused that being the CEO he failed to comply with the law relating to Procurement section 48 of the procurement and Asset Disposal Act, 2015 by failing to appoint an Ad Hoc inspection and acceptance committee in relation to quatation 17/kitchen items during the financial year 2020/2021.

He is facing seven counts relating to failure to tbe said procurement of kitchen utensils.

He was released on a bond of Sh5 million or alternative cash bail of Sh1 million.

COURT TOLD HOW MILLIONS WERE FRAUDULENTLY OBTAINED FROM CITIZEN. 

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Glo-jet plane./PHOTO COURTESY gLO-JET WEBSITE.

BY SAM ALFAN.

Asset Recovery Agency (ARA) has demonstrated how funds linked to a private jet hiring firm were wired into the country raising alarm of money laundering claims.

Through agency investigator Alfred Musalia, the agency said in documents filed in court the funds were wired by a man from the USA.

“Unless this court grants the orders sought, the respondents and the interested party shall illegitimately enjoy the economic advantage derived from the commission of crimes and acquisition of proceeds of crime or profits and benefits of crime,” investigator told the court. 

According to the investigator, the statement of Fletcher demonstrates the manner in which the company fraudulently obtained the funds in issue from him without delivering goods or rendering any service to him.

Musalia said investigations have established that the funds are proceeds of crime which should be forfeited to the state. 

Contrary to the assertions by Cullinan Private Jets Corp Limited and Glo Jets International Limited,  the officer said ARA has established that the funds in issue were fraudulently obtained from Rondell Maurice Fletcher, a citizen of the USA. 

“I established that the said Rondell Maurice Fletcher deposited a total of USD 400,000 into his Mazuma Holdings Account number 6897943574 held at Wells Fargo USA,” Musalia said in an affidavit.

The investigator said a total of USD 412,746. 55 was then transferred from Mazuma Holdings Account number 6897943574 held at Wells Fargo USA to Cullinan Private JET USA Account number 9984784992 held at Wells Fargo USA.

He also established that a total of USD 333, 718.35 which is part of funds in issue was sent from Cullinan Private JET USA Account number 9984784992 held at Wells Fargo USA to Cullinan Private Jets Corp Limited Account number 01904057361250 held at I&M Bank.

“The funds were subsequently utilized by the Respondent for various purposes which are not the intended purpose safe for the amount preserved,” he added.

The agency was responding to the company documents filed in court in which ARA applied for the account to be freezed pending forfeiture proceedings. 

The court has already freezed the the two exclusive jet companies accounts. 

DUO CHARGED WITH STEALING FAKE SHARES.

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Eric Mutinda Mutisya and Pascaline Wanjiku Kitonga before court where they denied charges./PHOTO BY S.A.N.

BY NT CORRESPONDENT.

Two people have been charged with obtaining more than Sh1 million shillings in the sale of fake shares.

Erick Mutinda Mutisya and Pascaline Wanjiku Kitonga were accused of obtaining Sh 1,135,000 from Samuel Karanja Kogi.

The charge sheet stated that they falsely pretended to be in a position to sell to him shares at Wendano Matuu Company.

The two are alleged to have committed the offense between 8th May 2021 and 17th January 2022 at Upperhill, Nairobi, jointly with others not before court.

appeared before Milimani Chief Magistrate Susan Shitubi and denied the charges. 

The 43 old Mutisya is also facing six charges of making documents without authority. It is alleged that he made membership share certificates and passing them to Kogi as genuine certificates from Wendano Matuu Company.

The two denied the charges when they appeared before Chief Magistrate Susan Shitubi who released them on bond.

Mutisya was released on a cash bail of Sh 100,000 while Kitonga was granted Sh 70,000 as she is facing one count.

The case will be mentioned on 7th May for pre-trial and directions.

RESOLVE LAND DISPUTES AMICABLY, JUDGE URGES CITIZENS.

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Environment and Land Court Principal Judge Oscar Angote plants a tree during the Court's Open Day at Korogocho.

BY SAM ALFAN.

Communities have been advised to embrace home-grown land dispute resolution mechanisms that are effective, efficient and result-oriented.

Already, the High Court has established the Nairobi Land Justice Working Group to promote comprehensive initiatives aimed at settling land disputes in Nairobi City County.

The Working Group intends to harness people-oriented approaches such as Alternative Dispute Resolution Systems (ARDS) and Court Annexed Mediation.

The caucus will engage the public and stakeholders in consultative sessions to ensure their voices are heard and their concerns addressed fully.

The Principal Judge of the Land and Environment Court (ELC) Oscar Angote said the team has developed guidelines and an Action Plan with rigorous monitoring and evaluation mechanisms. This collaborative and comprehensive approach is expected to yield timely results.

Justice Angote was officiating the ELC Open Day and tree-planting exercise at the expansive Korogocho suburbia, the third largest informal settlement in Nairobi. He addressed the local community at the Daniel Comboni Primary School.

Justice Angote led a team of ELC Judges and Judiciary staff to plant trees on the banks of Nairobi River in the area.

The ELC Open Day and tree-planting exercise was replicated in 40 Counties where the court is established.

A similar initiative will be launched by Chief Justice Martha Koome on June 5.

Justice Angote pointed out that Nairobi City County as the country’s and region’s economic hub, holds immense potential for growth and prosperity. However, the County faced unique challenges related to land use, physical planning and environmental degradation, he noted.

The Judge reiterated the need for urgent effective environmental management and sustainable land use practices, which, he said, the court will strive to uphold.

The recent flooding within the capital city and especially informal settlements where lives have been lost, required urgent intervention, he said.

The ELC’s mandate is to resolve disputes related to security of land rights, sustainable management of natural resources, sound conservation and protection of ecologically sensitive areas and elimination of gender discrimination in land.

Justice Angote recalled that in the last 11 years, the ELC had reduced it’s case backlog from 30,000 cases in 2014/15 to 16,000 in 2021/22.

“As custodians of environmental and land justice, we are committed to applying the law diligently, guided by the principles of equity and sustainability. We aim to promote fair and timely resolution of disputes while advocating for responsible stewardship of our natural resources,” Justice Angote assured the locals.

The Principal Secretary in the State Department for Devolution Teresia Mbaika who joined the tree planting and addressed the gathering described the collaboration with the Environment and Land Court as vital, because it did not just involve planting trees, but was also sowing well cultured communities.

“The government advocates for an inclusive approach to strategize on how best to solve issues affecting its people,” PS Mbaika underscored.

SUPERVISOR CHARGED WITH STEALING STOCK WORTH OVER SH18 MILLION.

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Japheth Shitemi a supervisor with Chloride Exide before court./PHOTO BY S.A.N.

BY SAM ALFAN.

A supervisor with Chloride Exide has been charged with stealing properties worth over Sh18 million from the company.

Japheth Shitemi being a store assistant supervisor at Chloride Exide company ltd, was accused of stealing goods valued Sh6, 417,277 on diverse dates between 30th of December last year and March 1, this year in Nairobi.

He was also charged with stealing similar goods on the same dates valued Sh6, 292,937. 

Shitemi denied a total of 10 counts when he appeared before Milimani Chief Magistrate Susan Shitubi.

Among the goods he allegedly stole are 315 pieces of N70MFR powerlast batteries, 390 pieces of NS70MFL powerlast batteries and 262 pieces of NS70MFL Maxxit batteries.

The court ordered him to deposit a bond of Sh1 million or alternative cash bail of Sh 100,000 to secure his release.

MAN IN COURT OVER SH6.7 MILLION GOLD SCAM.

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Gold suspect Eugene Musilwa Pedro before court where he denied gold fraud charges.

BY IRENE ONYANGO.

A businessman man has been charged with obtaining Sh 6Million from Mnguni Mbulelo Ludgar.

Eugene Musilwa Pedro appeared before Milimani Chief Magistrate Susan Shitumbi and denied the charges. 

Musilwa is accused that on diverse dates between 16th and 17th April, 2024 at Lenana road 18 in Kilimani within Nairobi, jointly with others not before court conspired to defraud Sh6. 7 million. 

He defrauded the gold buyer by pretending that he was in a position of selling him 500kilograms of gold nuggets worth Sh 6,750,000.

He was further charged with obtaining Sh 6.7Million from Mbulelo by pretending that he was in a position to sell him 500kgs of gold nuggets a fact he knew to be false. 

Musilwa was released on a bond of Sh 2Million or an alternative cashbail of Sh 1million.

Mention date is on 7th May pending pre trial.