Court News

A lady Lawyer Esther  Bitutu Kadiki accused of stealing over Sh 1.5 billion from Equity Bank,has been arraigned and detained by Milimani Law Court.

The fraud was reported to police Baking fraud Investigation Unit by Equitu Bank after noticing the loss of the client’s money on July12/2025.

Appearing  in court before magistrate Lucas Onyina yesterday,the unmoved lawyer was detained pending the conclusion of investigations.

The  police says that Equity bank has complained that on May 1,2024 and July 31/2024 numerous fraudulent debits amounting to Sh 1,499,465,831.29 were made from the  banks internal Salaries remittance General Ledger and credited to several non-equity bank accounts.

“In all circumstances,fictitious narrations regarding the actual source of funds were made in the bank’s systems in order to conceal or disguise the nature,source,location,disposition or movement of such funds,”reads Investigative report in parts.

According to police, preliminary investigation further established that towards creating a convoluted trail to mask the illicit source of the funds, such unlawfully credited amounts were subsequently layered by the first tier of beneficiaries through several means or layers of intricate financial transactions including bulk withdrawals,transfers to other bank accounts and crypto currencies.

The Banking fraud investigation officers had informed the court that Sh 38,404,574 out of the stolen money from the bank were credited to the accounts at NCBA bank association with lawyer Bitutu.

“The money was in an account in the name of Inforide Point Limited domiciled at NCBA,a company she co-owns with her husband,”added Bank Fraud Investigators in an application to detain the lawyer.

The money was also wired to an account she owns alone in the name of KADIKI & ADVOCATES domiciled at National Bank of Kenya.

The team of investigators in their application to detain the woman said they believed that going by the complexity of the matter, the investigation needs more time to track and trace other associates who are in constant communication with Lawyer Bitutu.

Bitutu is being investigated on offense of money laundering,engaging in organized criminal activities,computer fraud,stealing and handling stolen property all against the law.

The fraud was reported by Equity Bank through a letter dated July 11,2024.

They wanted the court to grant them 21 days to complete the investigations.

Lawyer Nelson Ndalila accused of Sh 59 Million fraud has opted to settle the matter out of court.

When the matter came for plea taking before magistrate Dolphina Alego,court was informed that the lawyer was absent as he has been unwell and under the weather.

The lawyer through his representatives requested the court for an adjournment as he is pursuing settlement with the complainant.

He informed the court that the case involves Lawyer and client relationship and they are pursuing settlement.

He is accused of forging a document and obtaining Ksh 59,000,000.This was the second time his plea was deferred as it was again deferred last week.

Lawyer watching brief for the complainant, Andrew Muge, had earlier objected to the move by the accused’s lawyer to have the plea deferred on medical grounds.

“The accused was arrested yesterday (Thursday) and was expected in court today; his not being in court today is a clear indication of delaying tactics,” said Muge.

Ndalila, who is facing four counts, including forgery, is already out on a police cash bail of Ksh 50,000.

According to the main count, it’s alleged that on the 2nd day of June 2023 at an unknown place within the Republic of Kenya, jointly with others not before court, with the intent to defraud, you made a certain document, namely, Trust Deed for Better Life Family Trust dated 2nd June 2023, purporting to be a genuine trust deed for the properties of the late David Jonathan Grantham, a fact you knew to be false.

In the fourth count, on the 2nd day of June 2023 at an unknown place within the Republic of Kenya, jointly with others not before court, forged a trust deed in the name of Better Life Family Trust, dated 2nd June 2023, to obtain financial benefits of Ksh 59,000,000/= from the estate of late David Jonathan Grantham.

Court granted them 2months of the matter will not be resolved, he will be charged.

Notorious Gold fraudster Nfundiko Kamira Jean Marie has been detained till May 7/2025 when he shall know his fate.

Kamira Jean has been charged with Sh 25Million fraud and he has since denied the charges.

The accused appeared before Magistrate Dolphina Alego where he was charged that on diverse dates between May 27/2024 and July 31/2024,within Nairobi,jointly with others not before court,obtained a sum of Sh 200,100 US Dollars equivalent to Sh 25,812,900 from Tanner Caldwell Cook.

He is said to have pretended that he could sell to Caldwell 50kgs of gold knowing it was untrue.

Two directors of a company trading as brighter Africa have been charged with Sh 28M fraud.

The two Brian Mukolwe and Yvette Atieno Okoth were arraigned before Milimani Chief Magistrate Lucas Onyina and denied the charges.

The accused are said to have obtained Ksh 20 million from Andanje Sheila Buyechero by pretending that they were in a position to assist her to invest in microfinance.

The duo are also to have obtained sh 8 million from ernest were by pretending they were in a position to assist him to invest.

The prosecution told the court that the accused were also found to have opened the microfinance without a licence from Capital Market Authority and Central Bank of Kenya.

The trial magistrate ordered the two accused to deposit a cashbail of 100,000 each with an alternative bond Ksh 500,000.

Their criminal case will be mentioned on 20th May 2025 for pre-trial.

Blow to a senior police officer  after court issued a warrant of arrest for absconding court in unlawful determination case.

Magistrate Lucas Onyina issued the order against Rebecca Njeri Muraya an officer commanding Eastleigh North Police Station who is jointly charged alongside Seargent Abdisalam Ahmed from the same station failed to appear in court for directions.

Through her co-accused, Ahmed told Milimani Chief magistrate Lucas Onyina that Muraya called him and informed she was sick,

“Your honor Muraya called me to inform that she was sick,” Ahmed told the court.

The court noted that Muraya was not also represented by a counsel who could inform the court about her whereabouts and reasons behind her failure to appear in court as ordered.

In response to the claims of being sick, state prosecutor Joyce Olajo urged the court to ignore the allegations of sickness since no documents availed in court as prove,

“The court cannot assume the allegations are true since no evidence produced. Her counsel did not appear in court also to explain the reasons she failed to appear before the court hence we urge the court to issue a warrant of arrest,” Olajo submitted.

The counsel holding brief for the complainant Simon Mburu urged the court to consider the duration the matter has been delayed and consider to prosecute for the interest of justice,

“Your honor the matter has been delayed for three years without the complainant given justice and I wish to pray the court to hasten the matter to conclusion,” Mburu said.

In giving directions, the magistrate issued a warrant of arrest against Muraya stating no evidence adduced before the court to support the claim of ailment,

“I hereby issue a warrant of arrest against the first accused person for there is no evidence produced to prove she is sick,” the magistrate ruled.

The two officers were jointly charged with illegal detention and torturing a British national one Ayni Hussein Mahammud.

They were charged that on December 31, 2021, at Eastleigh North Police Station intentionally and unlawfully jointly ordered the arrest of Ayni Hussein Mahammud and detained her at Muthaiga Police Station for two days.

The court was told that the detention was to intimidate Mahammud from pursuing her complaint of assault against Abdihakim Said Jama.

The two also faced with another offence of abuse of office contrary to the law.

The prosecution told the court that the duo unlawfully and without sufficient cause and reason arrested Mahammud and detained her at Muthaiga Police Station.

The matter has been delayed since then prosecution seeking time to review the files they claim to emanate from same complainant but reported from different entities.

For three consecutive times, the prosecution had been seeking for adjournment of the matter for 30 days to review of the said files and give directions.

While seeking for a warrant against Muraya, Olajo told the court that the file is in the office of the director of public prosecution for review and they had no directions on the same,

“Your honor we pray for more time for the Director of Public Prosecutions (DPP) to give the way forward on the matter,” she prayed.

The magistrate admitted the prayers sought by the prosecution to grant the ODPP two weeks for reviewing of the file,

“The adjournment of the matter for two weeks is hereby allowed. The matter will be mentioned on May 19, 2025, for directions,” the magistrate directed.

A Nairobi Court has awarded  Sh 3M to the  Ex-Director, Aircraft Accident Investigation, Ministry of Roads & Transport as damages over unfair termination of his job.

Judge Hellen Wasilwa while delivering the judgement said Martyne Lurther Lunani’s rights under the constitution article 41 were infringed upon by the Cabinet Secretary,Roads and Transport.

“An order is issued that the petitioner be re-engaged by the Public Service Commission in a position commensurate with his services in the PSC since the position has been filled,”added Wasilwa.

The judge added that Lurther is entitled to payment of his salaries and dues with effect from the date of 1/7/2024.

In a judgement delivered on April 30/2025,the judge considered that his employer was PSC and not the ministry thus the CS erred in terminating his job.

After serious legal battle and being represented by lawyer Henry Kurauka,Lurther argued that his performance was excellent as the appaisal cobducted to him.

He contested that he was not served with the notice to not to renew his contract and he had served diligently since the year 2012.

“There was no disciplinary case against my client,he was even allowed to work beyond the contract term as per gazette notice no 4494 of 19/4/2024 and another investigation he was involved in on 31/5/2024.

The ministry on the other hand argued that Lurther was serving on contract which contract came to an end and it was not based on a gazette notice. It argued that the application for reinstatement has been overtaken be events and should not be allowed.

PSC on the other hand supported Lurther saying that he imitated the contract renewal process with the ministry through a letter dated January 15,2024 it requires and the ministry only responded on July 10/2024.

Through Lawyer Kurauka, the Petitioner persuaded the court that hisrights were violated.

“ In view of this,it is evident that the ministry errered in deciding not to refer thev request of the petitioner to PSC for consideration.This breaches his labour rights under the constitution which subjected him to unfair treatment in face of his request for extention of his contract,”added Wasilwa.

The contract was to terminate on 17/7/2024 as per the contract on 15/1/2024,Lurther gave notice of his desire to have the contract renewed again for a further 3years.

Through a letter dated July 28/ barely 3 weeks before the contract terminated,the petitioner was informed that he should proceed on annual leave as per HR procedures.

The length of annual leave was not indicated . In a lettrer of July 10,2024 the petitioner was informed that his contract will not be renewed.

He contended that he was not granted 2 months notice as envisaged in the contract of their failure to renew it.

Lawyer Evans Ondieki has strongly condemned the arrest of Kitui Blogger Emmanuel Maleve .

While advocating for his immediate release,Ondieki said the media should not be intimidated as they are protected by law.

He said there is no reason to detain a journalist who was informing the public of ongoing corruption in the area.Ondieki has urged the public to be vigilant on the issues of Corruption.

Ondieki who is representing the journalist said Kenya is a democracy so long as the journalist is not spreading propaganda.

Emmanuel Maleve  is a blogger working with Hope kings media.

He Was arrested in line of duty,his lawyer  Ondieki and Joel said that the reporter had been put incommunicado which is against the law.

Ondieki said the journalist should be released to live his normal life and his gadgets be given back to him as Article 34 of constitution protects the freedom of media..

“It is not fair to prevent communication,as citizens we should be vigilant to guard against this dictatorship,”added Ondieki.

Ondieki thanked DPP for rejecting the charge sheet.

The role of journalists is to communicate,the charges did not meet the threshold,the lawyer said they demand release of the journalist .

He said he condemn the act of harassing and intimidating journalists.

Ondieki said the journalist uncovered the issues of corruption and that how.He added that Kenya is a democracy governed by the constitution.

The lawyer said they are surprised that a journalist can be arrested in line of duty.The role of journalist is to communicate freely guarded by article 33 and 34 of constitution.

Ondieki demanded immediate release of the journalist who had been incommunicado an act he said was inhuman and degrading.He added that the journalist mobile phone was taken away..

He added that he just communicated a corruption story where public funds were lost.

The complainant in the alleged case is an MP from Kitui South.

The journalist has since been released after huge protect from lawyers and media leaders on Sh 50,000 cash bail

A Nairobi court has deferred a plea taking against city lawyer Nelson Ndalila is accused of forging a document and obtain ksh 59,000,000.

Ndalila failed to appear in court on Friday before Milimani magistrate Dolphina Alego who ordered that he be appear on Tuesday the 5th of May.

Lawyer watching brief for the complainant Andrew Muge object the move the accused lawyer to have the plea differed on the medical grounds.

“The accused was arrested yesterday (Thursday) and was expected in court today,him not being in court today is a clear indication of delaying tactics”Said Muge.

Ndalila who is facing four counts including forgery is already out on a police cash bail of ksh 50,000.

According to the main count,Its alleged thet on the 2nd day of June 2023 at unknown place within the Republic of Kenya, jointly with others not before court with intend to defraud,made a certain document namely,Trust deed for Better life Family Trust dated 2nd June 2023 purporting to be a genuine trust deed for the properties of the late David Jonathan Grantham,a fact you knew to be false.

In the fourth count,on the 2nd day of June 2023 at unknown place within the Republic of Kenya jointly with others not before court, forged a trust deed in the name of Better Life Family Trust date 2nd June 2023 for the purpose of obtaining financial benefits of Ksh 59,000,000/=,from the estate of late David Jonathan Grantham.

One of the children of the late Ratilal Gorhandas Sanghani has moved to court seeking  to have the succession cause of their Multi-Million property in Westlands reinstated.

In an application filed at the high court,Manojkumar Ratilal Sanghani is also seeking to have excecutors Rajendra Ratilal and Jayant Rach ordered to file income and expenses of the assets of the deceased as included in the will dated March 2006.

The petitioner also wants the court to revoke the grant of letter of administration with written will made to the two issued on August 7,2008,and he be appointed as Administrator De Bonis Non.

The beneficiaries are also seeking to have their succesion cause reinstated and orders issued on May 30,2022 dismissing it reviewed.

The applicant says that the two excecutors have failed to act in the best interest of the estate and its beneficiaries as required by law and office of excecutor.

“Over 16 years since their appointment as estate excecutors,they have never accounted to the beneficiaries their administration of the estate or given updates/accounts on any administrative actions they have undertaken,”added Manojkumar.

He says the two excecutors have been selling estate assets without a confirmed Grant,mishandling bank accounts held by the deceased and collecting rental income from the assets that beneficiaries are entitled to,and failing to disclose to beneficiaries.

The applicant who is representing other beneficiaries also want to be appointed as administrator of their Mul-timillion estate only after evaluation.

“It is in the best interest that i am appointed Administrator De Bonis Non so as to conclude the estate administration,only after the current excecutors account on the estate and a valuation is done for clearity purposes and to avoid their mistakes being visited upon me in future,”added Manojkumar.He wants the court to direct that the whole estate be valued.

In court documents the petitioner wants the court to order an audit of the estate and a presentaof the estates accounts,to include funds held in bank accounts,assets sold and their value,assets remainig in the estate for the court and beneficiaries to have a clear picture of the estate as it currently stands due to intermedling of the estate by current excutors.

In the application dated December 13/2024,Ghorandas died on May 22,2007 at Nairobi and left a written will dated March 3/2006 where he appointed Rajendra Ratilal Saghani and Jayant Rach as the excecutors of his will.

The beneficiaries adds that the two excecutors qfailed to prosecute to conclusion the summons for confirmation of Grant dated October 15/2018  within and after the lapse of 10 years from the date the Grant of letters of Administration with Written will was made to him untill the cause was dismissed for want of prosecution on May 30,2022.

Manojkumar says that the excecutors have failed to proceed diligently with the administration of the estate and severally abused their duties in regard to that estate.

He says that they have sold assets of the late and specifically 95 Niclause Road Leicester in the United Kingdom without having proper authority in the form of confirmed grant.

The aggrieved Son of the late says that the excecutors purported to grant him Sh 600,000 as his share and failed to disclose all the sale and cost transactions.

According to him, the excecutors have also refused to give account in regard to the funds that were held in bank accounts in Kenya and UK by their father.He says such infomation and even they have not receid their share as beneficiaries.

The petitioner adds that the petioners have been leasing their estate property off westlands Road and have accumulated im excess of over Sh 100,000,000 and this information have never been disclosed to the beneficiaties as the will had stated.

Through lawyer Nelima Walubengo,Manojkumar says the two have since failed to attend court,resulting to dismissal of the matter for want of prosecution.He contests that the grant was not confirmed and wants the court to reinstate the succession cause.

The beneficiaries says that the exvecutors are yet to conclude the distribution of the estate to the beneficuaries and they have been intermedling and have not seen the need to have the grant issued to them  confirmed prejudicing the estate beneficiaries.