A hearing in a case in which two businessmen have been charged in a Nairobi court with Sh 25 million gold fraud will be heard on May 3, 2022.
The two Jonathan Okoth Opande and Steve Ochieng Odhiambo appeared today before Milimani Magistrate Susan Shitubi for the mention of the case.
They are facing the charges of obtaining Sh 25, 760,000 from one Samuel Olaleye Adeyeni a Nigerian National by falsely pretending that they were in a position to sell him 250 kilograms of gold.
“They committed the offence on diverse dates between 19th January and 18th February 2019 at Lagos Hotel in Nairobi, “reads the charge sheet in parts.
Opande has since denied the charges before Senior Principal Magistrate Kenneth Cheruiyot and was granted a bond of Sh 200,000 or pay alternative cash bail of Sh 100,000.
Warrant of arrest was issued against Ochieng for failing to appear in court for plea taking but was later charged.
Opande is said to have presented himself as a businessman and defrauded Olaleye in exchange for 250 kilograms of gold.
This is said to have presented a gold trading company to the complainant claiming to be one of the directors.
The case will be heard on May 3, 2022.
A petition seeking to suspend the intended Interviews at the DPPs office has been filed due to Nepotism Claims.
A Human Rights activist has moved to court seeking to suspend the intended interviews of the shortlisted candidates to various posts The Director of Public Prosecutions (DPP).
The Activist Memba Ocharo through his lawyer Danstan Omari says that the shortlisted candidates for the above positions come from the same religious and ethnic background as that of DPP Noordin Haji who is a Muslim which has raised eyebrows within the public on equal opportunities especially on matters of employment.
“The shortlisted candidates depict nepotism from DPP and his office, “added Omari in court documents.
Ocharo is seeking to quash the decision of the DPP to shortlist candidates from the same ethnic background in the positions of Principle Administrative Officer, Senior Supply Chain Management Officer 1 and Senior Principal Finance Officer.
“We are seeking an order directing DPP to re-advertise the positions mentioned above and proper vetting be carried out by the Public Service Commission (PSC) on qualified candidates, “said Omari in court documents.
Ocharo says that the DPP advertised for various posts to be filled at its office on May 11, 2021 in print media where the deadline for submitting applications for qualified candidates ended on June 17, 2021.
“The DPP stated that at the close of the advertisement on June 17, 2021, a total of 2,031 applications were received for the posts they had advertised, “Added Ocharo.
Through his lawyer Danstan Omari, the activist says that the DPP after reviewing the applications of various candidates for the positions advertised went ahead to publish a list of the shortlisted candidates in their websites on March 29, 2022.
He adds that the intended shortlisted candidates are due for an interview on diverse dates between April 25, 2022 and April 27, 2022.
“The DPP and his office are a contravention of Article 73 (2) of the constitution which provides for the guiding principle that state offices should not be guided by nepotism and favoritism, “adds Ocharo.
Ocharo says that candidates from the Principal Administrative officer, senior supply chain management officer 1 and senior principal finance officer depict nepotism.
He alleges that the nepotism from the DPP clearly goes against the advertisement they posted on 11th may 2021 that the office of the ODPP is an equal opportunity employer has it has proceeded to shortlist candidates from the same ethnic background and that the actions does not embrace the representation of Kenya’s diverse communities under article 232 of the constitution.
On 11th may 2021 the office of the director of public prosecution advertised various posts to be filled within its office in print media.
Among the various positions advertised is the assistant director supply chain man agent, assistant director administration,assistant director human resource management,assistant director ICT,senior principal administrative officer, Senior principal HRD officer, senior principal ICT officers, senior principal finance officer, Principal administrative officer, principal accountant, Senior economic/statistician, Senior supply chain management officer, senior records management officer, senior human resource management officer and senior ICT officer.
Devolution PS Julius Korir has been charged in court for assaulting his then pregnant wife.
He appeared before Milimani Chief Magistrate Susan Shitubi and denied one count of assault.
Earlier,Korir had been issued with warrant of arrest to appear in court to confirm whether he and his estranged wife Everlyn Koech has agreed to settle the matter out of court.
He however appeared later in the evening.However, the prosecution told Milimani chief magistrate Susan Shitubi that the parties had not reached a consensus.“We hoped that the case would be settlement today but since there is no agreement we are seeking for a warrant of arrest against the accused since he is out on police bond”, the prosecution said.Through his lawyer Nicholas Ombija, Korir pleaded for seven more days to have the matter settled saying the delay was occasioned by the accused having a spinal cord problem.“What has slowed down the process the accused has got a problem with the spinal cord. One of the bones has is very painful and restricts his movement. He is willing to settle the matter and we are asking to come next week for settlement”, lawyer Ombija told court. The lawyer urged the court not to issue a warrant of arrest when there is settlement in the offing.He added that Sh450, 000 was deposited in court pay for the complainant’s rent for the month of January and February.“Today we have also carried Sh450, 000 in cash for this month’s rent, the court was told.Ombija added that he had forwarded transfer document of residential property to complainant’s lawyer and equally send a letter to the agent to transfer all rent due payable to the new owner. He dismissed claims that Korir was trying to play hide and seek in the court. The complainant’s lawyer Kemboi Kibet, however insisted the magistrate to issue the warrant of arrest arguing that the accused has severally failed to appear in court in the case.Kibet said there is concern that the accused is taking for a ride.“The court knows that there is an ongoing settlement but the truth is that there is no consensus. There is no settlement”, the lawyer said. He said if Sh450,000 was deposited in court, why is it at the court and not with the complainant.“The accused is charged with assault where he injured the complainant. It constitutes to emotional abuse by dangling proposal for settlement and there is nothing”, he added. The country has a gender based violence policy and it states that the role of judiciary is to expedite the case. He urged the magistrate to be guided by the policy of the government and the seriousness of the offence and to issue warrant of arrest to the accused.
Early march, the court had given Korir 30 days to settle the assault case or be charged.He had been warned not to contact witnesses.He has been released on Sh 20,000 cash or a bond of Sh 20,000 plus one surety of similar amount.
A case challenging the reappointment of NKCC bocc Nixon Sigey pushed to April.
A case challenging the reappointment of New Kenya Cooperative Creameries (NKCC) boss Nixon Sigey for the third term has been pushed to April 26, 2022.
This is after High court Judge Monica Mbaru allowed the parties to file submissions before her for confirmation on that day.
In the case Mr. David Adema has sued Sigey for continuing to serve as NKCC managing director beyond a period of six years.
Adema in his petition says that the CEOs of State corporations are supposed to serve for a three-year term renewable once subject to performance evaluated by the board but Sigey has violated these rules.
“I plead with the Court to quash the decision of the NKCC board of directors dated January 2021 to reappoint Mr. Sigey for a third term in office, “Adema says.
NKCC, Board of Directors, Cabinet Secretary Ministry of Agriculture Livestock and Fisheries are the respondents in that application while Sigey is an interested party.
Adema says that Sigey has been a managing director since 2015 and he is now serving his third term from the beginning of January, 2021.
He adds that NKCC took steps and unlawfully extended the contract of service of Sigey as NCC managing director for the third time.
“NKCC did not have the powers to appoint Sigey as the managing director of NKCC for the third time, “added Adema
He said that the board approved Sigey appointment while there was a complaint pending before the Ethics and Anti-Corruption Commission.
Adema says that the appointment of Sigey for the third time was in breach of the provisions of the Mwongoso.
He said the board also breached the provisions of the Mwongozo code of governance for State Corporations, which require that chief executive officers of parastatals to serve a maximum of two terms comprising a maximum cumulative period of six years.
The petitioner argued that CEOs of State corporations are supposed to serve for a three-year term renewable once subject to performance evaluated by the board.
He argued that it was incumbent upon the board, which is chaired by Dr Ignatius Kahiu, to consider the appointment of the CEO in accordance with the set policy.
Mr Adema further argued that the appointment of the CEO was irregular, fell short of a competitive process, lacked public participation and was not gazetted, hence should be nullified.
He asked the court to issue an order for appointment of an acting CEO for six months pending the recruitment and appointment of a new leader.
He listed the NKCC board and Cabinet Secretary for Agriculture as the respondents in the case while Mr Sigey was named as an interested party.
The petitioner is also seeking an order that Mr Sigey refunds to the State corporation all money paid to him as salaries and other emoluments from January 2021 to the date of determination of the case.
Seven men have been charged with Conspiracy to forge a title deed against the law.
The seven Edward Kiptoo Kosgei, Stephen Maina, Eliud Kipchoge, Boniface Lurare, Jane Nasimiyu, Samuel Patrick and Simon Karanja have been charged before magistrate Wendy Micheni and denied the charges.
They were charged that on unknown place within the republic of Kenya, jointly with others not before court, conspired to commit a felony namely forgery of an allotment letter dated January 11, 2000 for unserved land marked measuring 3 hectares pretending that it was from the ministry of lands.
They faced two more counts of forgery.
The three who were in court are Edward Kiptoo Kosgei, Stephen Maina, Eliud Kipchoge were in court while the rest were summoned to appear before the trial magistrate on 7/4.
The Prosecution were urged to supply all documents to be used during the pretrial together with the Investigations diary and the OB extract.
Pre-trial will be on April 19, 2022.
They were released on a bond of Sh 2m or a cash bail of Sh 1m.
Meru Senator in trouble again after fresh investigations begin in his rape case.
Meru Senator Mithika Linturi is being accused of tampering with evidence in his Attempted rape case.
This has prompted the investigators to conduct new investigations into that case.
A petition has been filed in court by the State saying that Linturi played a key role in the deletion of key evidence and that forensic analysis and reconstruction is currently being conducted on the mobile phones of the witnesses who took the the nude photographs and videos. In an affidavit filed by lead Investigations Officer Keith Robert,some of the evidence needed is missing like nude photos that were taken during the incident and the occurrence book from that police post.
The officer yesterday also produced before court two video clips taken at the scene of crime at a Nanyuki hotel which run for 39 seconds and 13 seconds respectively.
“The retrieval is ongoing and we shall provide further nude photos and videos as they become available,” Keith said.
According to the officer, investigations into the complaint made by a woman who Linturi is accused of attempting to rape at Maiyani Villas hotel in Nanyuki was conducted objectively, conclusively and in the best interests of justice.
Officer Keith also urged the court to dismiss the application by Linturi who is seeking to have the case terminated for lack of supply of all the evidence material including the nude photos and videos.
The investigating officer further states that they have since supplied the senator with all the prosecution witnesses statements and all the exhibits in the matter.
“The prayers sought that the application to have the matter before court terminated for failure to provide documents that may not be in our possession would not get the justice that she so rightfully deserve,”reads court papers.
In the application the senator also sought an abstract from Nanyuki Police station dated January 30, 2021, nude photographs that the complainant and the prosecution witnesses took at Maiyani Villas at Nanyuki County together with the nude videos.
Linturi has insisted to be availed with the nude photos and videos taken by the witnesses saying it will help the court arrive at a just decision since they will shedlight on what happened on the material day.
In the case Senator Linturi is accused of sneaking into a woman’s hotel room and attempting to rape her on January 30, 2021, at Maiyan Villas hotel in Nanyuki.
He also faces another count of indecently touching the woman without her consent.
Two women accused of stealing a child of less than one month charged.
Two women have been charged at Milimani law courts with stealing a child against the law.
The two Felista Wairimu Kahumbi and Lydia Wanjiku Maina appeared before magistrate Wendi Micheni and denied three counts of child stealing against the law.
They were charged on unknown dates in the year 2022 at unknown places within the republic of Kenya jointly with others not before the court conspired to steal a child below one month from an unknown parent.
In the second count, Wanjiku was charged with child stealing against the law.
Court was informed that on March 15, 2022 at Mihango within Kayole in Nairobi, fraudulently took baby F.W,a child below the age of one month from an unknown parent who had the lawful charge or possession of the said baby.
In count 3, Felista Wairimu was charged that on March 15, 2022 at Mihango within Kayole in Nairobi County received baby F.W a child below the age of one month knowing her to have been or taken with intent to deprive the unknown parent who had the lawful charge or possession of the said baby F.W.
Wairimu was found with the child at Kenyatta National Hospital on March 21, 2022 where she had taken her for medical checkup.
Her inconsistent history of the child prompted the doctors to do a medical checkup on her to ascertain if indeed she had given birth to the baby as she alleged.
She provided a birth notification form indicating that she had given birth on March 18, 2022 but medical tests on her showed that she had not given birth as she alleged.
She was escorted to KNH police post for investigations and the officers there reached out to DCI Child protection Unit to take over investigations on MARCH 23, 2022.
After investigations, Wairimu admitted that she had bought the child from Wanjiku.
Wanjiku was traced and arrested on March 22, 2022 at around 1843 hours .She was interviewed and she was willing to give some leading information concerning the baby.
The baby is currently admitted at Kenyatta National Hospital and is still undergoing treatment while the investigations are still ongoing.
The two suspects were placed at Industrial at Industrial police station on March 25,2022.
They were charged with child stealing against the law.
They were released on Sh 500,000 cash bail .The matter will be mentioned on April 12, 2022.
Activist Michael Makarena now wants Meru Senator Mithika Linturi to be investigated over the death of a doctor , and a former househelp who died under mysterious circumstances in his house in 2018.
In a petition filed at the High Court through lawyer Danstan Omari,Makarena wants the DCI compelled to conduct fresh investigations into the cause of death of Dr. Stanley Maroe Mugwika a former business associate following an Inquest conducted in Meru.
MICHAEL MAKARENA,through his lawyer Danstan Omari,he says The DCI and the DPP have failed, ignored, and or refused to act and or cause action that are judicious to the detriment of public interest and as such, this has warranted this move to this honorable court of competent jurisdiction in the interest of expeditious justice.
He says that the manner in which justice is dispensed is of paramount public interest and consequently ought to award satisfaction to the people of the Republic of Kenya through restoring faith in the entire criminal justice system in line with the fundamental rights and freedoms as enshrined in our sanctimonious constitution.
“ unless the matter herein is certified as urgent and heard expeditiously exparte in the first instance; and the prayers sought herein granted as prayed, not only will citizens of Kenya loose faith in the justice system in entirety, but also, injustices will continue prevailing as the narrative of this great nation of the Republic of Kenya,” said Omari
Makarena also wants the DCI to carry out requisite investigations to establish the cause of death of Dr. Edith Kananu who died under mysterious circumstances in the Senators house.
He is also seeking to have Kananu’s body exhumed to establish how she met her death.
“We hereby do seek an order for the exhumation of the remains of Edith Kananu for the sake of establishing the cause of death.”Court documents state.
Omari says that Linturi is unfit to run for Governor because his degree from India and Nairobi University are questionable.He claims that Linturi is only fit to be an MCA.
” That the Honorable Court be and is hereby pleased to compel the 1st Respondent to discharge their legislative mandate and carry out requisite investigations forthwith to establish the cause of death of Dr. Stanley Maroe Mugwika pursuant to the Ruling of Maua Honourable Court in Inquest No. 3 of 2018.”,the Court paper states.
According to the Inquest there was bad blood between Linturi and the doctor after the legislator kicked him out of their company.
According to the inquest papers, Linturi is accused of having a hand into the death of his business associate Maore who was shot dead in the neck.
It is alleged that Maore and Linturi both directors of Ark Choice Brokerage company had a bad blood where the senator kicked out of the firm before he was was found lying on his bed on August 23,2006 with a gun shot wound on the head.
Woman to face jail term for stealing Shaving creams and Soaps from Naivas Supermarket.

A woman has been convicted by the court for stealing Dettol Herbal soap and other products from Naivas Supermarket.
Ann Khasim appeared before magistrate Wendi Micheni of Milimani Law Courts and pleaded guilty two counts of stealing and having suspected stolen properties against the law.
She was charged that on March 20,2022 along Moi Avenue in Nairobi, within Nairobi County, stole four Nivea assorted products ,one sensodyne repair 75ML,Two veet dry cream 50g and 100g,Dettol herbal soap 175g,Dettol skincare 175g and Bragg A /Cider Vinegar 473ml all valued at Sh 6,844,the property of Naivas Supermarket.
In the second count, the woman was charged that on similar dates and place, she dishonestly detained the said stolen products.
Court will sentence her in 7 days after the probation report is availed.
A company director has been charged at Milimani Law Courts with manufacturing fermented beer without manufacturing excisable goods without maintaining metering and measuring devices against the law.
George Nganga Thairu and his company Kedsta Investments Limited were charged that on February 3,2021 at Dandora Mowlem,within Nairobi County in the Republic of Kenya ,being the Director of KEDSTA Investments Limited and limited liability company were found unlawfully manufacturing at the factory manufacturing and measuring devices thereby not enabling the Commissioner to take account of the excisable products in the factory.
He was released on Sh 300,000 cash bail