Month: June 2015


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daniel maazo withdraws case (2)

Makueni Member of Parliament Daniel Maanzo talking to journalist outside a court room at Milimani law courts after he informed the court that he had forgiven the man accused of violently robbing him last year in Nairobi Lang’ata estate.
Makueni Member of Parliament Daniel Maanzo on Wednesday told the court that he had forgiven the man accused of violently robbing him last year in Nairobi Lang’ata estate.
While withdrawing a case against Samuel Otieno, the MP told Senior Principal Magistrate Charity Oluoch that he was guided by the spirit of forgiveness in withdrawing the case against the accused.
“I am aware once the matter is withdrawn from the court it cannot be brought back to the court. The accused person spared my life and I also wish to spare his. He has not compelled me to withdraw the case, I have been guided by the spirit of forgiveness,” he said.
Maanzo stated that he had deliberated the matter with his family after his wife phone went missing and was found with the accused and decided to forgive him.
The Prosecution also withdrew the two other counts and an alternative charge after the other two complainants withdrew the case.
Samuel Otieno alias Tabuley was charged on February 19 2014 with robbery with violence contrary to the law
The court heard that the accused jointly with others not before the court armed with dangerous weapons namely a pistol ,rungu’s and panga’s robbed Daniel Maanzo sh 10,000,one Ipad ,Elder of the burning spear Decoration Gold ,pentax Digital Camera and spare keys from his various cars.
He was also charged with two other counts of robbing with violence Catherine Mutheu and Patricia Ndunge.
The court granted the application and discharged the accused.



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Terror suspects Matthew Kinuthia Maina at Milimani law court where Anti-Terrorism Police Unit was allowed to detain him for eight days for further investigation.
Terror suspect who jumped state house perimeter wall remanded for eight days.
Matthew Kinuthia Maina is among three others being investigated over terror activities in the country.
Matthew Kinuthia Maina allegedly entered state house and said that he wanted to see the president in order to give him some money to go and record his songs.

He appeared before Resident Magistrate Eddah Agade at Milimani Law courts when the Anti-Terror police unit applied for 10 days custodial orders to enable them complete investigations after he was arrested on the 19th of this month after jumping over the perimeter wall of State house Nairobi.
Anti-Terrorism Police Unit claims that the suspect had been sent by unknown persons to enter State House for unknown reasons.
Anti-Terrorism Police Unit claims that the suspect had been sent by unknown persons to enter State House for unknown reasons.
Two other terror suspects have also been detained for eight days after they were arrested on the same day by CID police officers from Makueni.


Ngandi John Mwikali and Simon Kimeu Mutie were arrested after the police were informed by a Good Samaritan that the two were planning an attack in Makueni.
Ngandi John Mwikali was overheard saying that he had gone to Somalia to Join Al-shabaab and that they were planning to attack Makueni Hyper super market very soon.
According to ATPU, Ngandi together with his Somalia colleagues had finalized plans for the attack and he had returned home to make the arrangements.
In a sworn Affidavit by ATPU Investigating Officer Bernard Ndirangu, the police claims that Ngandi had alleged that he was among the attackers who attacked Garissa University College.
The police were informed of the same by a good samaritan and he was arrested while in company of Simon Kimeu Mutie who is also believed to be planning the attack together.
ATPU Investigating Officer Ndirangu told the court that the bag Ngandi had, have been forwarded to Bomb disposal Unit for swabs in case he had carried explosives in it as he had explained.
“The suspect was handed over to us by CID officers for further questioning to ascertain whether his allegations were true,” said Ndirangu.
He claimed that the Sim card belonging to Ngandi is still under analysis and the outcome may lead them to wider investigations.
He requested the court to grant them 10 days to detain the suspects saying that terrorism related charges may be preferred against them after completion of the investigation.
“There are compelling reasons to continue detaining the suspects owing to the fact that Ngandi was sent by Al-Shabaab to survey shopping malls within Makueni County and also investigations linking him to Garissa University attack,” he said.
Resident Magistrate Eddah Agade granted ATPU 8 days to detain the three terror suspects at Kilimani Police station.
The case will be mentioned on June 29.


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Suspended cabinet secretary charity Ngilu,at Milimani law courts where she appeared before senior principal magistrate Lawrence Mugambi facing a charge of obstructing investigations

Embattled and Suspended Cabinet Secretary Charity Ngilu may have smiled too early before she was off the hook.
The CS was on Friday morning line up in court to face charges of abuse of Office.
The abuse of office are in reference to an alleged illegal transfer of land to, an entity involved in a separate land tussle in a pending court case.
The charges began after the Ethics and Anti-Corruption Commission recommendations to the Director of Public Prosecutions Keriako Tobiko that the CS had obstructed investigations.
The DPP approved the charges and Friday, she was arraigned in court.
However, Mrs Ngilu lawyer Paul Muite objected the charge sheet.
The charge sheet reads that between 2005 and October 2014, at Ardhi House in Nairobi County, Lands Cabinet Secretary Charity Ngilu conspired with nine others to in the lands registry to change registration documents of a 134.4 acres parcel of land.
Senior counsel Muite wanted the CS Ngilu case to be heard separately since she is only facing one count and that the charges facing his client were not related.
Muite asked the prosecution to make a separate charge sheet before Ngilu could take the plea.
But, the Deputy DPP Hodari objected saying the charges were inter-related.
Sarah Mwenda, Geofrey Swanya, Wanjiku Gatimu, Mark Muigai, Josephat Konzolo, limited and James Mbaluka are listed in the charge sheet seen by Smart Sam News, dated June 19, 2015.


The land is allegedly said to belong to limited. There is a pending legal dispute in another court over the same parcel of land.
She did not go ahead to take plea to the charges of obstruction of investigations by the EACC officials.
On a second count, Mrs Ngilu is accused of concealing Tilte deeds contrary to section 288 of the penal code.
The CS is charged together with the Chief Lands registrar, deputy chief lands registrar, senior deputy director of survey, and registrar of titles.
Detectives accuse them of being employees of the government who jointly intended to commit fraud. This is by declining to give the Ethics and Anti-corruption Commission officers with genuine documents of LR. No. 3585/3 measuring 134.4 acres situated in Karen, Nairobi.
The Controversial Karen Land remains on the spot where the CS lands on another account is charged of concealing evidence which was to be used in an investigation, under the Anti-corruption and economic crimes Act,over the same parcel of land.
More, Mrs Ngilu is suspected of instructing officers in her docket from giving any documents regarding the Karen land or even recording any statements.
In a turn of events, the CS is facing charges that in the backdrop, be opening up room into the Karen land investigations.
Mark Muigai Wanderi, the registrar of Titles, is said to have aided under Mrs Ngilu instructions to allow subdivisions of the Karen Land into 180 plots and issued lease certificates illegally against the law.
Polly Wanjiku is accused of obtaining a title deed fraudulently, contrary to the appropriate law.
The court will deliver a ruling on 26th June, 2015, if the CS will be charged jointly with officials in her office. She was released on a Sh1 million cash bail pending the ruling.


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Majority Leader in Parliament Aden Duale who has been sued for allegedly defaming the executive director of Center for Human Rights and Democracy John Kennedy Wafula.


The Majority Leader in Parliament Aden Duale has been sued for allegedly defaming the executive director of Center for Human Rights and Democracy John Kennedy Wafula.
Duale is said to have issued a press statement linking Wafula as having information of death of Meshack Yebei who was defense a witness at International Criminal Court (ICC).
The said statement according to the applicant’s lawyer Jacob Okoth is said to have been issued on January 7. 2015 and signed by Duale himself.
The lawyer says, the statement was distributed to all l print and local television stations which has caused his client’s name and character given that he is former Chairman of NGO council of Kenya.
“If indeed Yebei has been eliminated has the desire of Wafula come to pass? If that is the case, it is very clear that Wafula cannot escape answering very nanny questions on this matter. Duale is alleged to have said in his statement.
”How can the prosecution through Wafula got access in its dealings to a defense witness one Yebei? On what grounds are they collaborating with the defense witness” To what extent has the OTP interfered with the defense in this manners? That must be established and I am sure the lawyers for the defense will do that”
Wafula’s lawyer says the words uttered by the majority leader meant that he murdered and caused Yebei to disappear.
Mr Okoth argues that statement by the defendant meant that he his dishonest person who cannot hold position in the NGO council or elsewhere in the public.
The statement by Duale was given wide coverage and receivership in whole republic and globe which the court is being asked to restrain him and offer an apology.
Duale having caused to be printed and broadcast the defamatory words pending the hearing and determination of the civil suit the court should issue injunction against him.
“The applicant stands to suffer irreparable harm and damage to his credit and reputations as well his security if the court doesn’t not intervene” the lawyer says.
Mr Duale has threatened and continues engaging in labeling, defaming and slandering the applicant’s name and which action if not contained puts the plaintiff in precarious position as his personal security is under big threat.
The matter will be placed before duty civil division for orders and directions.


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Deepak Kamani (right),and his son Bobby Kamani accompanied by security consultant Erik Okeyo leaving Milimani law courts after the hearing of a petition by Deepak seeking to stop Anglo-leasing related charged against him together with his brother Rashmi Kamani and their father Shamanral Kamani by the Ethics and Anti-Corruption Commission.
The Anglo leasing contracts which link the Kamanis family to corruption case was signed with the consent of several former government ministers, the court has been told.
The contracts were not signed secretly has claimed by Ethics and Anti- corruption commission.
Lawyer Ahmednasir Abdullahi told Justice George Odunga, that the criminal case brought against his clients is selective and very many people who were involved the signing of the contract were left out of the indictment.
He said the charge is oppressive since EACC has never proved their investigation on matter related to corruption.
The court heard that the government through its chief legal adviser having his opinion of the contract and gave it clean bill of health and a criminal case should not be preferred against his clients.
The former attorney general Amos Wako was satisfied that commercial contracts signed by the companies which were properly registered cannot be said to have involved in corruption.
The criminal case is brought in bad faith and the court issue an order to have it quashed.
Wako had given green light after examining the documents that formed part of the contract, he told court
He said that the contract awarded to Intotalent Company limited was to implement a proposal to computerize the Kenya police department systems and was not opposed.
The AG had the power to rejects the award of the contracts but he never did so, he said.
Mr Ahmednasir submitted that the contracts were 60 per cent performed and money was duly paid.
He said that Deepak Kamani, his brother Rashmi Kamani and their father Chamanlal Kamani are being prosecuted on matters which are not criminal in nature.
The court heard that if the government was aggrieved with performance of the contract it should have filed a civil suit to recover money lost on unsupplied goods or services.
The contract was lawful and valid, the legal opinion of the chief government adviser has never been challenged, the court heard.
The lawyer took a swipe on the office of the DPP and EACC for ignoring two orders of the high court, which stopped charging of individuals involved in the Anglo-leasing contracts.
The said orders were issued by former high court judge Justice Joseph Nyamu who found and held that the contracts are civil in nature.
The criminal case facing the trio is an abuse of the court process and the same should be terminated, the lawyer told the court
There was no offence committed by the Kamanis family, the case before the court is in breach of articles 21, 27, 5 and 57 of the constitution.
He said the AG, commissioner of police and office the president having been involved in signing of the contracts no criminal case can be preferred against his clients..
The Kamanis’ family has been in logger heads with the government over the scandal for many years now.
Last year they moved to court to stop the Kenyan government from releasing information to the Swiss authorities in relation to the controversial Anglo Leasing contracts.
They are linked to companies that were awarded 13 out of 18 Anglo Leasing security contracts. The remaining five went to Sri Lankan businessman Anura Perera, who was recently paid Sh1.4 billion by the government.
“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.


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Meru Miraa Farmers and Traders Association spokes-person Mike Mutembei Makarena,(in whealchair) talks with members of the association after Meru county government was enjoined in a case which the association is seeking to stop a taskforce formed by the agriculture ministry from undertaking any undertakings on development of the crop without involving the association.
High court on Tuesday allowed the Meru county government and the Nyambene Miraa traders to be enjoined in a suit filed by Miraa traders association challenging the composition and the funding of a taskforce set up recently by President Uhuru Kenyatta to oversee the development of the Miraa industry in the country.
High Court on Friday suspended the funding of a taskforce set up recently by President Uhuru Kenyatta to oversee the development of the Miraa industry in the country.
Justice George Odunga issued orders restraining the ministry of Agriculture Livestock and Fisheries from releasing any funds to the ten members team pending hearing and determination of a suit filed by the Kenya Miraa Farmers and Traders Association (KMFTA).
“The orders blocks any allocation disbursement or funding of the taskforce published on May 5 by agriculture cabinet secretary”, the judge ruled.
Justice Odunga issued the orders after Kenya Miraa Farmers and Traders Association argued that the appointments of the ten member committee were political and members of the Miraa community were never consulted or involved in its formation.
The judge also heard that tax payers stands to lose substantial amount to the tune of Sh 600 million should the ministry of agriculture go ahead to fund the illegal taskforce.
“The appointees are relative’s personal assistants of sitting members of parliament in Meru County and whose appointment is suspect since none of them is a Miraa farmer” Kenya Miraa Farmers and Traders Association chairman Dave Muthuri states in an affidavit.
After hearing the association briefly, Justice Odunga directed the farmers to serve the CS, Ag and the Agriculture, Fisheries and Food authority with the suit papers within 14 days.
He further directed the case to be mentioned on June 16 for further directions.
In a gazette notice dated May 5 2015 acting CS Adan Mohamed mandated the taskforce to come up with strategies that will support the development of the Miraa industry.
The team is expected to lobby for the recovery of the lost market for Miraa in Europe and the America and look for ways to venture into other markets worldwide.
The team chaired by Joseph Mwereria, is also expected to look into the welfare of the Miraa farmers.
It also expected to undertake research on Miraa agronomy, variety improvement, product development and value addition.


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Deputy Solicitor General Muthoni Kimani with his lawyer Kioko Kilukumi leaving Milimani Law courts after she was fined Sh 300,000 or serves 3Months imprisonment for failing to pay a lawyer Sh4.7 million.
Deputy Solicitor General Muthoni Kimani escaped jail by a whisker after she was fined for contempt of court.
Muthoni Kimani was fined Sh 300,000 or serves 3Months imprisonment for failing to pay a lawyer Sh4.7 million he is entitled due to a judgment which was entered in his favor five years ago. .
Justice David Onyancha found her guilty for failing to pay a torture chamber victim advocate Gitau Mwara Sh 4.7 million as directed by high court judges.
Muthoni Kimani was few weeks ago freed on personal bond of one million shillings for contempt of court over the same matter.
In his ruling he said Muthoni will set a good example to the other officers in the law state office who might try to disobey a court order.
Judge Onyancha allowed Muthoni 14 days to ensure that the full amount is paid to the torture victim before sentence is passed against her on 25th May 2015.
Before getting off the hook, Justice David Onyancha who was hearing the suit ordered her to pay Mwara Sh4.7 million he is entitled due to a judgment which was entered in his favor five years ago.
A visibly shaken Kimani sighed with relief after the court gave her a reprieve in which the hunter became the hunted after disobeying several court orders after she was asked to show cause why she should not be jailed.
On April 13, when she was supposed to appear before the judge, she indicated that she was on an official function in Doha, Qatar. On April 28, her representative said she was in Eritrea for another government job.
Muthoni who was required to appear in person today for court contempt was accused of defiance, disregard and disobedience of court orders which should have entitled Mwara paid the money by the State.
On June 15, 1993, Mwara sued the then Attorney General Amos Wako as the principal legal advisor of the government.
In his suit, he says between October 8, 1990 and June 24, 1992, he was incarcerated at Kamiti Maximum Prison while.
He claims that he was kept in a solitary cell in Block 9 lit by a low voltage bulb for 24 hours, which led to his eyesight to deteriorate.
“During the incarceration, I was fed on a poor diet and as a result, I suffered poor eyesight resulting in my poor health,” Mwara who was then aged 26 years said.
He said for his first five months, he was stripped naked, made to wear lice infested prison uniform and locked up except for 15 minutes each day of sunshine.
“I had no toilet facility save for a plastic bowl kept in the cells. I was fed on ugali, sukumawiki and beans on a daily basis which traumatized me and I cannot at the moment eat the meals because of the past bad memory,” he said.
But on October 4, 1993, Wako filed a defence comprising of general denials to Mwara’s allegation.
“For one reason or another, the trial did not begin until November 28, 2005 before Justice Jacktone Ojwang. I had three witnesses including myself and closed my case on May 29, 2007,” he said.
After several judges heard the case, justice Abida Aroni on June 9, 2010 awarded him Sh2 million as general damages, Sh8,100 as special damages, Sh2 million as exemplary damages and the rest being the cost of the suit.
The case will be mention on Monday next week to confirm whether she had paid the fine..