Faith Karanja

Three foreign nationals were on Tuesday arraigned before the Kibera Law Courts over allegations of involvement in a suspected gold scam syndicate.

The suspects identified as Patroba Odhiambo Tobias, Isaac Pokkey Sleyon, Among Ekoume Louis and Bernard Wadja Bangsi were arrested on July 28 following a police raid in Nairobi’s Westlands area.

According to an affidavit filed by detectives from the Directorate of Criminal Investigations (DCI), the trio is accused of defrauding unsuspecting members of the public by falsely posing as genuine gold dealers. Acting on intelligence reports, officers stormed an office where the suspects were allegedly operating and recovered several exhibits.

Among the seized items were five suspected mobile phones, gold smelting machines, counterfeit gold bars, documents purportedly issued by the Kenya Revenue Authority, stamps belonging to various firms, and assorted business cards. Police believe the materials were being used to scam investors into fraudulent gold transactions.

Investigators further noted that the suspects could not produce valid work permits or licenses authorizing them to conduct the gold trade in Kenya. Authorities argue that the absence of proper documentation points to a well-coordinated criminal enterprise targeting both local and foreign investors.

Appearing before Kibera Chief Magistrate’s Court, prosecutors sought custodial orders to allow detectives more time to complete investigations. The court granted the application, directing that the suspects be detained for 14 days.

The DCI maintains that the recovered exhibits are critical in unearthing the extent of the alleged scam, which is suspected to have defrauded victims of millions of shillings. Investigations are ongoing.

A business man has been acquitted by the Milimani Chief Magistrate Susan Shitubi of being in possession of counterfeit goods and making counterfeit goods.
Mukinyi Mwakavi who is a director of Wincop Services Limited, were, together with his company, charged with two counts of having in their possession various counterfeit goods and items worth KShs 9,790,509 in the course of trade contrary to section 32 (h) as read with section section 35 (1)(a) of the Anti Counterfeit Act No 13 of 2008. The two were also charged with making counterfeit goods worth KShs 4,052,340 in the course of trade without the authority contrary to section 32(b) as read with Section 35)1)(a) of the Anti-Counterfeit Act No 13 of 2008 Laws of Kenya.

According to the evidence in court, the businessman owns shops along Tsavo Road in Nairobi CBD is a dealer and supplier of Hewlet Packard products including toners and cartridges. In the case he was represented by Nairobi lawyer John Ochieng Ogada together with Beth Njeru while Mr Makofu and Miss Nyawira appeared for the Anti Counterfeit

Lawyer John Ochieng Ogada appearing for the accussed.

The prosecution case was that Anti Counterfeit officers, together with of Halliday Finch who are representatives of Hewlet Packard raided the shops of the accused and recovered several counterfeit goods containing Hewlet Packard brands and tools for making the same. They seized the goods and ferried them in lorries to their depot at Kyangombe. They later arrested the accused.
In her judgment the Chief Magistrate Shitubi noted some of the goods allegedly recovered were not brought to the court as well as the samples which had tested. The prosecution witnesses had admitted during cross examination by Mr Ogada that the exhibits they took for the purpose of testing to establish whether the goods were counterfeit had been disposed of before being brought to court.

It transpired that all the goods seized which were to be exhibits in the case were initially stored at the Anti Counterfeit Agency depot at Kyangombe but were later moved to a store in Athi River. Lawyer John Ogada had asked the prosecution to produce the record of the movement of exhibits from Kyangombe to Athi River but they failed to produce it. Ogada submitted that the evidence showed that there had been tampering with the seized goods and the chain of custody of the exhibits could also not be proved.

The magistrate found that many of the exhibits had been interfered with and many disappeared by the time they were being produced in court thereby making the integrity of the whole prosecution process questionable. The court however ordered that the seized goods be forfeited.

The Court having found that the charges them had not been proved beyond reasonable doubt, acquitted both the businessman.

‎Joshua Kimaita Kirera who appeared before Milimani magistrate Dolphinah Alego pleaded not guilty to seven counts including forging documents.
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‎The prosecutions did not oppose the release of accused no bond or cash bail but however asked the magistrate to consider the nature of the offence.
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‎”Even though the offence is bailable and we are not opposing to it, we are asking this court to issue bond or cash that consumerate with the offence “Said the DPP.
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‎This is following the application by the defence lawyer to have the accused be released on bond or cash bail after they told the magistrate that he presented himself before the court.
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‎The defence also supplied the court medical documents indicating that he has been sick and that is why the accused failed to appear in court plea taking of during the previous mentions.
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‎While issuing the directions,the trial magistrate ordered a pre bail report to be availed in court before issuing bonds terms.
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‎Magistrate also extended a warrant of arrest against the second accused person David Omondi Opondo who failed to appear in court for plea taking for the third consecutive time.
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‎According to the main charge sheet ,”it is alleged that on diverse dates On or before the 28th of February 2023,at unknown place within the Republic of Kenya jointly with others before court conspire to defraud Pinnacle Business School Limited of its land parcel Kajiado/NTASHART/1583 measuring approximately 8.611 hectares valued at Kenyan shillings 200,000,000 by using fraudulent documents in Kajiado ELC miscellaneous, application number 976/2027 wchich the said ELC court relied on to give orders to the land registrar Ngong dated 31st May 2017 to issue tittle seed in favour of Super drill international limited.”Read the Chargesheet.
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‎‎Kimaita also pleaded not guilty to other counts related to forgery before the trial magistrate.The matter will now be mentioned on the 15th of September 2025 for directions regarding bond.

Court Battle Looms Over Police Payroll as Activists Challenge Inspector General’s Powers

A sharp constitutional dispute has landed at the Milimani High Court, casting a spotlight on the delicate balance of power within Kenya’s security sector.

The petition, filed by civil society group Sheria Mtaani na Shadrack Wambui, questions whether the Inspector General, who commands the police operationally, can also take charge of payroll management, or whether this responsibility lies with the Commission, which the Constitution tasks with handling recruitment, promotions, and disciplinary matters.

The case, which was lodged on August 11, 2025, has been certified as urgent because of the government’s plan to recruit 10,000 new officers in the coming weeks.

The timing has made the case especially urgent. The petitioners argue that the payroll question must be settled before thousands of fresh recruits are added to the system.

They insist that payroll management is not merely an operational role, but a core human resource function that rightfully falls under the Commission, which the Constitution tasks with overseeing recruitment, promotions, transfers, and disciplinary action in the police service.

According to the petition, the Inspector General’s move to assume payroll powers risks undermining transparency and accountability within the police force.

The applicants fear that if the recruitment goes ahead, the payroll entries for the 10,000 officers will be embedded in a system run under contested authority, rendering the case meaningless by the time the court delivers its judgment.

In their view, such a development would entrench practices that may later be declared unconstitutional, making it difficult to reverse appointments and administrative actions.

In their court filings, the petitioners emphasize that payroll is not just about salaries but is central to how human resource decisions are implemented across the service.

Promotions, transfers, suspensions, and even disciplinary measures all reflect through payroll systems, making control over it a powerful tool in shaping the careers and welfare of officers.

They warn that handing such powers to the Inspector General, rather than the Commission, could destabilize the police service and erode public confidence in national security institutions.

The respondents in the case are the Inspector General of Police, the National Police Service, and the Attorney General. The National Police Service Commission and the Law Society of Kenya have also been listed as interested parties.

However, court documents show that despite being served on August 14, 2025, none of the respondents or interested parties have filed any responses to the petition.

The applicants argue that this silence makes their case even more urgent and urged the court to issue temporary orders to stop the recruitment until the matter is determined.

Lawyer Danstan Omari, representing the petitioners, told the court that the issue strikes at the heart of constitutional checks and balances within the police service.

He noted that the case is not only about the welfare of officers but also about upholding the principle of civilian oversight, which was a key consideration when the Commission was created.

He added that payroll control directly affects how resources are managed within the service and could impact everything from recruitment to promotions.

While the Inspector General is in charge of operational command, the Commission was set up to oversee human resource matters and ensure accountability.

The ruling of the High Court could set a precedent that shapes future police recruitment, promotions, and disciplinary procedures, and may also influence the governance of other security institutions in Kenya.

The petitioners have asked the court to hear the matter during recess, stressing that any delay could result in irreversible consequences if the disputed recruitment is allowed to proceed.

A director of Oki Trading Kenya Limited has narrated to court how the former director stole Ksh 356 million before resigning and starting his own company.

While giving his testimony before the Milimani Senior Principal Magistrate Dolphina Alego,Deepak Rajoria who is now the Director of Oki Trading Kenya Limited explained how the accused person Honey Khatwani, misappropriated Ksh 356 million from the company.

Deepak said Khatwani used the money he stole from the company to open his own similar business.

Deepak who had been an employee of the Company, in Dubai told the court that he joined the company on January this year as a director and realized there were funds and documents that were missing,

“I was an employee of the mother company based in Dubai and when i came to Kenya i was appointed as a director of the company,” he told the court.

He recognized the complainant as a former employee and the Director of the company by July 2024.

Khatwani who is an Indian national is alleged to steal the said fund to facilitate his own company Galaxy Middle East Africa Limited, which he started before resignation. The court heard that, he registered as a director jointly with another former employee.

When he ‘Deepak’ realized there was funds and important documents missing, they invited a an auditor who concluded between years 2021-2024, the company had lost Ksh 356,711,806.

Another revelation that was made is that, he had authorized some of the company’s funds and clients cheques to be deposited in his personal account and through his own and wife’s M pesa accounts.

He was further alleged to make fake invoices for the company which indicated reduced amount of cash than that was received from clients.

Khatwani was charged with stealing $2,786,174.40 (approximately Ksh.356,711,174.40) from (OTCL) the money which came to his possession by virtue of his employment.

The alleged offence occurred between January 1, 2020, and June 30, 2024, at Barbado within Nairobi County.

The court heard that the funds belonged to OKI General Trading Limited and were allegedly stolen by Khatwani in his capacity as a company director.

The hearing of the matter will resume on September 22,23,24,25 this year.

A contractor has been charged in ksh 200,000,000 land fraud.
‎Joshua Kimaita Kirera has appeared before Milimani magistrate Dolphinah Alego and pleaded not guilty to seven counts including forging documents.
‎The prosecutions did not oppose the release of accused no bond or cash bail but however asked the magistrate to consider the nature of the offence.
‎”Even though the offence is bailable and we are not opposing to it,we are asking this court to issue bond or cash that consumerate with the offence “Said the DPP.
‎This is following the application by the defence lawyer to have the accused be released on bond or cash bail after they told the magistrate that he presented himself before the court.
‎The defence also supplied the court medical documents indicating that he has been sick and that is why the accused failed to appear in court plea taking of during the previous mentions.
‎While issuing the directions,the trial magistrate ordered a pre bail report to be availed in court before issuing bonds terms.
‎Magistrate also extended a warrant of arrest against the second accused person David Omondi Opondo who failed to appear in court for plea taking for the third consecutive time.
‎According to the main charge sheet ,”it is alleged that on diverse dates On or before the 28th of February 2023,at unknown place within the Republic of Kenya jointly with others before court conspire to defraud Pinnacle Business School Limited of its land parcel Kajiado/NTASHART/1583 measuring approximately 8.611 hectares valued at Kenyan shillings 200,000,000 by using fraudulent documents in Kajiado ELC miscellaneous, application number 976/2027 wchich the said ELC court relied on to give orders to the land registrar Ngong dated 31st May 2017 to issue tittle seed in favour of Super drill international limited.”Read the Chargesheet.
‎Kimaita also pleaded not guilty to other counts related to forgery before the trial magistrate.
‎The matter will now be mentioned on the 15th of September 2025 for directions regarding bond.
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