Big Win For Businessman, Peter Koria, As Court Lifts His Suspension From Work, Directs Immediate Reinstatement

A High Court sitting in Nairobi has directed the Cabinet Secretary in the Ministry of Gender and Culture Arts and Heritage together with the Chairperson of the Board of Bomas of Kenya to immediately reinstate the embattled CEO of Bomas of Kenya after he challenged the decision at the High Court.

Justice Mathews Nderi Nduma in his decision said that the decision by the said parties was illegal and ordered it suspended.

“A mandatory injunction is granted directing the 1st and 5th respondents to unconditionally lift the suspension of the applicant/petitioner from employment communicated vide a letter dated 20th November 2023 and order for his immediate reinstatement, pending the hearing and determination of the petition. Costs be in the cause,” said the Judge.

The ruling came after the Mr.Koria sued the Cabinet Secretary, Ministry of Gender

Culture Arts & Heritage, Ethics and Anti-Corruption Commission, Chief of Staff & Head of Public Service, Office of the President, Chairperson, Board of Bomas of Kenya, Public Service Commission and Hon. Attorney General challenging his removal from office saying it fails to abide by the laid down laws and procedures.

Mr. Koria has urged the court to grant him an interim order suspending the decision to replace him as the Chairperson of the Bomas of Kenya.

“That in the interim and pending the hearing and determination of this petition, the honorable court be and is hereby pleased to make an order directing the 1st respondent to unconditionally lift the suspension of the applicant/petitioner from employment communicated vide a letter dated 20th November 2023 and order for his immediate reinstatement. That in the interim and pending the hearing and determination of this application and petition, this honorable court do make an order suspending and/or staying the decision of 2nd respondent contained in the letter dated 10th November 2023 directing the 1st respondent to suspend the applicant/petitioner herein,” he requested the court.

He urged the court to grant him the injunction orders against the decision to suspend him.

“That in the interim and pending the hearing and determination of this application and petition, this honorable court do make an order of injunction restraining the respondents either by themselves, employees, servants and/or agents from terminating the employment of the applicant/petitioner based on the illegal suspension. That in the interim and pending the hearing and determination of application inter-parties, this honorable court be pleased to issue an order restraining the respondents, either by themselves or their agents/or staff or any person from interfering in any manner whatsoever, with the applicant/petitioner in performance of his duties as the CEO/GM of Bomas of Kenya in the guise of conducting investigations,” he urged the court.

Which application is premised on grounds (a) to (e) on the face of the notice of motion and buttressed in the supporting affidavit of Peter Gitaa

• A Nairobi Court  ruled a Community man whose burial had  been suspended to be buried by 2nd wife.

The burial of the late Silas Kamuta Igweta was suspended on February 22, 2024 by Milimani Commercial Magistrate G.Gitonga pending the hearing and determination of the application filed by his wife Grace Rigiri.

The two daughters of the second woman that the late Silas was said to have been living with has filed an application in court to lift that suspension.

Through lawyer Danastan Omari, the two Purity Kinya and Miriam Makena say that their mother Sarah Kathambi was the one taking care of the deceased till his demise.

They claim that Mzee was not murdered.

Omari says he has raised questions about how one clan to bury a man she has not seen for 40 years.

“He says that the deceased was close to second wife, the old man’s death acted as divorce,” Added Omari.

Purity Kinya who is the daughter of the second wife said that Rigiri and her father the late Silas separated for 40 years because of their cruelty against him.

She claims that her father’s second wife is the closest person in the marital union between the two and therefore she can prove her fundamental proximity to  her deceased father, having lived together in a family home they constructed for 40 years.

“THAT the 1^st Applicant has been absent in my father’s life for 40 years and cannot possibly point to a significant familial bond with my deceased father,” Added Kinya.

She stated that her father has never acted as a husband to Rigiri and never lived with her.  He moved to Kianjai after his retirement where he started a business which unfortunately collapsed and Rigiri and her Son started mistreating the ladies father.

The Lady added that the alleged Son to Rigiri Mathew Kobia not their father’s biological father as the Rigiri was married to her father after his birth.

She added that indeed Rigiri was married to her father as first wife but her mother Kathambi also married the late, through the Meru Customary Law and they all lived in the same house in Nairiri where they used to cook in the same kitchen and sleep in the same house.

“My father and my mother’s parents were village mates.  My father introduced my mother as his second wife and he paid her dowry according to the Meru Customary Law.  He put the wives in the same house but with different wings, though they shared the same kitchen where they used to cook for the families,” She added.

This family says their father died of natural causes, they took care of him and all hospital bills and that he had already written his will on where he wants to be buried.

Omari says the marriage to first wife ended after death.

They want the court to allow their father to rest here he wanted.

On the other hand the first wife to the deceased Grace Rigiri Silas and father to Mathew Kobia claims that the death of the deceased was not natural.

He passed away on February 17, 2024 and his remains currently lie at Umash Funeral Home in Nairobi County.

Grace Rigiri says she is the legal wife of the late Silas Kamuta Igweta having solemnized their union on July 27/1959 at the Methodist church kianjai and certificate of marriage was issued that day.

She says that at all time she cohabited with the deceased until his demise.

The petitioner claims that Sarah Kathambi had an affair with the deceased and she forced him to move in with her at an undisclosed location and blocked him access to his wife and children.

They add that no divorce had ever commenced and the deceased  could not have married Kathambi.

It is their contention that because they are Meru and using Meru Custody law, Rigiri has rights to bury her husband and decide where he should be buried.

“The deceased did not die a natural death and therefore there is a need for a post Mortem to be conducted.

“It is only just and fair and equitable that this application be heard as a matter of urgency,” Added the applicant.

Other defendants are Purity Kinya and Miriam Makena.

Rigiri is seeking orders to stop Kathambi from removing the body of Silas from Umash funeral home pending the hearing and determination of this matter.

She is also seeking orders from the court directing a conduction of a post mortem Examination on the body of the deceased by the government pathologist, to establish the cause of death and the post mortem be availed to court and to the parties.

Ruling will be delivered on Wednesday.

Win For A Nairobi Businessman As Court Dismisses Total Energies Application Seeking Stay Order Over Sh4M.

Total Energies has received a major setback after the Court of Appeal dismissed its application that sought further 21 days to implement a court decision that directed it to pay a businessman a sum of Sh. 4 million.

While delivering his ruling on the matter after considering both parties submission, Justice F.Mugambi said that the appeal lacked merit and the matter was well heard and determined.

“The long and short of this is that the application dated December 21,2023 is dismissed with cost to the respondent,” said Justice Mugambi.

The judge said that in light of the submissions made by the applicant there are laid down protocols and structures within the applicant’s company for seeking such approvals and that nothing would have been easier to demonstrate the efforts put in place and the process that had culminated to the present application.

Hon. Mugambe added that it was unfortunate that none of the above had been furnished in court.

The Court High Court further dismissed other grounds on the application including a text message sent to the respondent.

“The e-mail refers to the negotiations that had allegedly taken place via a text.Proof of such other means of communication have not been provided as evidence that the applicant was engage in such negotiations and is therefore difficult for this court to come to a finding that there was indeed such negotiations between the parties,” he said.

Total Energies had sought the courts to extend time for the appellant to comply with stay conditions issued by the same court on November 10 by a further 21 days and for a stay of execution of the ruling and decree issued by Hon. S.A. Opande in Nairobi in case CMCC/E356 of 2022 pending a ruling by the same court.

Total had supported the application by an annex affidavit of Boniface Abana the Legal Manager of the applicant sworn on December 21,2023.

In response to the application, the respondent filed a notice of preliminary objection dated January 11, 2024 on the grounds that the application is subjudice.

In response at Milimani, businessman Ernest Mwaura had objected Total Energies application that sought “21 more days to stay a court ruling seeking Sh. 4 million from Total Kenya”.
Mwaura urged the court in his replying affidavit to strike out the application on grounds that it had already determined by the same court on November 10, 2023.

“The appellant applied for stay of execution which I object to.In a considered decision, this court allowed the stay on condition that the appellant deposits a sum of Sh. 4 million in an interest earning account in the joints names of counsel on record,” the businessman told the court.

He further told the court that the applicant has neither consulted him nor his counsel when the filed the application in court.

Mwaura urged the court to dismiss the application.

The office of the attorney General has informed the court that Equity Bank Chief  Excecutive Officer Dr James mwangi is the right owner of a disputed land in Muthaiga.

Senior state Council Allan kamau while appearing before judge David mwangi mugo he said that Dr mwangi holds origina title of the disputed land.

He said that documents are available at the ministry of land and the registrar of companies shows that Dr mwangi is right owner of the disputed land.

An American nationalist who was arrested for allegedly trafficking narcotic drugs has been detained at  Gigiri police station awaiting his release on bond or bail.

Jarod Tyler Robbert denied the charges  before Jomo Kenyatta international airport law courts magistrate Njeri Thuku.

Magistrate Njeri Thuku directed the accused to be held at Gigiri police station ,following an application by his defence lawyers led by Danstan Omari and Brian Mabeya who said that they have written to the office of the director of public prosecutions to have a plea bargaining for the accused.

“I have an instruction to write to the DPP for plea bargaining,the accused has some critical information that wants to share with the investigation officer” Said Omari.

While agreeing to the application,the office of the director of public prosecutions pleaded with the court to have the matter mentioned on Wednesday so that they can verify some of the information that the accused person intend to share with the investigation officer.

According to the charge sheet,it’s alleged that on the 18th of February 2025 at Mp Shah hospital Westlands within Nairobi county,  he was f666ound trafficking narcotic drugs namely cocaine to wit 60 gems valued at 240,000 by covering through body cavity in contravention with of the provisions of the said act.

The matter will now be mentioned on the 26th of February 2025.

A Nairobi Court yesterday ordered a criminal case where a travel agent accused of defrauding Sh 7.9 million from Golden Key Travel Consultants company clients to be mentioned April 28.

When the case came up for mention before Milimani principal magistrate Dolphina Alego, defence lawyers applied for adjournment, saying a High Court case is not yet determined.

The case is set for mention on March 24 when the direction is expected to be given in the matter.

However, the magistrate on her part directed the case to be mentioned on April 28 for the purpose of confirming the High Court decision in the same case.

Brian Reeves Obare is accused of obtaining money amounting Sh 7,948,650 from Nancy Najira Odhungo being money paid by the Visa Applicants at Golden Key Travel Consultants company, by falsely pretending that he was in a position to process travel visas at the Canadian Embassy for the said clients, a fact he knew to be false.

Obare is alleged to have committed on diverse dates between January 1,2022 and January 31, 2024 in Nairobi, with intent to defraud.

Earlier Obare’s lawyer had made an application to have the plea taking deferred grounds that the accused is unwell having suffered injuries at the time of arrest.

The court also heard that there is a miscellaneous application at Kibera Law Courts where the accused was detained for 10 days to allow police to complete investigations.

However, the accused filed an application at the High Court in Kibera where the court admitted him to bail terms that have not been adhered to police.

This is because the police rearrested him upon being released and produced him at Milimani Law Courts for plea taking.

However, the same had been opposed by the prosecution who also applied to have the accused person denied bail on grounds that he is at flight risk.

The court heard that Obare is a frequent traveller outside the country and holds a government of Seychelles employee card.

3 former Kenya Union of Savings and Credit Co-operatives (KUSCCO) have been charged in over Sh 3Billion scam.

The  three are George Mugutu Mwangi, George Ochila Owino, lawyer Jackline P. Atieno Omolo and Mercy Muthoni Njeru.

According to the DCI officers, three of the suspects, who now face several charges, including conspiracy to defraud, were arrested in different areas within Nairobi County, while the fourth suspect was cornered in Nyeri County.

Besides conspiracy to defraud, the suspects also face other charges, such as theft allegedly committed by the directors and officers of companies, which is contrary to Section 282 of the Penal Code, and making false documents.

They appeared before Milimani Senior Principal Magistrate Dalpina Alego and denied the charges on Thursday this week.

Plea against George Otieno Ototo did not take place since he did not  appear,he is expected in court on Tuesday,he is said to be a lawyer also.

They accuses are said to have conspired to defraud the financial institution by diverting Sh82,826,000, meant for the purchase of parcel of land LR23269/35 at Nairobi.

They are said to have  committed the offence on diverse dates between the month of October 2020 and April 2022 l, jointly with others not before court.

The prosecution told the court that they entered into agreement for sale of Land LR No.23269/35 in order to conceal or disguise the nature and source of Sh82,826,000  through accounts held at KCB and Oriental Bank respectively.

Both accounts were under the name of Jackline P. A Omolo & Advocates whilst having reasons to believe that the said monies were proceeds of crime.

They are said to have 6committed the fraud on diverse dates between 9th October 2020. and 30th April 2022 with others not before court, with intent to dispose of, the money.

Magutu, Ototo and lawyer Omolo were further accused of making an agreement for sale of land LR No.23269/35 to make it appear authentic, with intent to deceive.

The prosecution alleged that they committed the offence on the 6th day of October 2020 with intent to defraud or deceive.

Lawyer Jackline Omollo was accused of knowingly and fraudulently uttering to Moses Adeli a forged agreement for sale purporting to be a genuine agreement for sale of Land LR LR No.337/1925 Machakos from Catherine Wanjiku Mbugua.

Ruling on bail will be Tuesday.

On 31st January 2025, Judge Peter Mulwa sitting at the High Court of Kenya at Nairobi issued orders restraining Credit Bank Limited and Garam Auctioneers from advertising, auctioning and offering for sale the land that is meant to host Kenya’s tallest building.

“An order of temporary injunction is hereby issued restraining the Respondents whether by themselves, their agents, servants, or any person claiming through or under them from entering, selling, taking over, advertising and offering for sale or in any manner whatsoever interfering with the parcel of land known as Title No. Nairobi/Block 31/219”, the Order reads.

In an Application filed at the High Court of Kenya at Nairobi, One Upperhill Towers Limited accuses Credit Bank Limited of erroneously instructing Garam Auctioneers to advertise and sell their land without issuance of the requisite statutory notices upon One Upperhill Towers Limited.The Company has, in its Application, told the court that the actions of Credit Bank Limited are mala fides as the bank is overly eager to sell the land, which it has grossly undervalued, without first giving the Company an opportunity to redeem the property.

Upon reaching out to the directors of One Upperhill Towers Limited, they confirmed that the Company took a loan facility with Credit Bank Limited and that the Company has been diligently servicing the loan. The attempted auction by Credit Bank Limited and GaramAuctioneers came as a shock to them and this necessitated the filing of a suit against the bank and the auctioneers. The Directors further confirmed that the project is still on and construction is ongoing.

“We wish to assure the general public that there is no cause for concern. We remain fully committed to safeguarding the interests of the Company and ensuring our operations remain uninterrupted” said the Director.

One Upperhill Towers Limited is in the process of constructing Kenya’s tallest building in Upperhill, Nairobi. In light of the orders issued by Judge Peter Mulwa, this goal seems achievable.