Court News

A company director has been charged with obtaining Sh 8m from Wakulima Flour Millers limited.

Abdi Mohamed Ali appeared before Chief Magistrate Susan Shitubi and denied one count of obtaining goods by false presence against the law.

He had told the court that he has a fixed place of abode.

He was charged that on November 29,2022and July 11, 2023 at Mega wholesalers in Eastleigh within Nairobi County with intent to defraud obtained from Wakulima Flour Millers Limited maize meals valued at Sh 8,657,507 by falsely pretending that you would pay at a later date, a fact he knew to be false.

The defense said that there is a civil case at the commercial court.

He added that there were negotiations going on.

The defense added that they deposited Sh 1million to Wakulima.

They said that if civil dispute is settled it will also end this criminal proceedings. They pleaded with the court to have the case held in abeyance pending the settlement in the civil case.

They also wanted time to file a consent and wanted to be granted 3 months.

The prosecution added that the case can proceed concurrently and Criminal elements have been demonstrated in this case.

A Public Servant has been charged with obtaining Sh 4M from a woman by false pretenses.

Bernard Gitonga Rukunga was charged that on diverse dates between July 3, 2020 to April 13, 2021 at Nairobi within Nairobi County with intent to defraud, obtained Sh 4,718,230 from Lydia Kioo pretending that he was in a position to procure tenders for her knowing it was false.

Appearing before magistrate Susan Shitubi, Gitonga pleaded with the court to be released on favorable cash bail saying that he has a young family.

 Through his lawyer Lawrence Nyangito, the accused said that he has a young family and sought for 50000 cash bail.

Magistrate Shitubi released the accused on Sh 1Million Cash or a bond of 2M.

Nyangito was not happy about the ruling and told Shitubi that such rulings will prevent her from getting a promotion to be a Judge.

A company director has been charged with obtaining Sh 8m from Wakulima Flour Millers limited.
Abdi Mohamed Ali appeared before Chief Magistrate Susan Shitubi and denied one count of obtaining goods by false presence against the law.
He was charged that on November 29,2022and July 11, 2023 at Mega wholesalers in Eastleigh within Nairobi County with intent to defraud obtained from Wakulima Flour Millers Limited maize meals valued at Sh 8,657,507 by falsely pretending that you would pay at a later date, a fact he knew to be false.
The defense said that there is a civil case at the commercial court.
He added that there were negotiations going on.
The defense added that they deposited Sh 1million to wakulima.
They said that if civil dispute is settled it will also end this criminal proceedings. They pleaded with the court to have the case held in abeyance pending the settlement in civil case.
They also wanted time to file a consent and wanted to be granted 3 months.
The prosecution added that the case can proceed concurrently and Criminal elements have been demonstrated in this case.
Ruling will be delivered on 2nd August.

A man has been charged with defrauding people pretending to prepare burial for Samuel Kuntai Ole Tunai Former Governor Narok County.

Enock Kipngetich lagat was charged that on diverse dates between April 21, 2023 and April 30, 2023 at unknown place within the republic of Kenya, jointly with others not before court obtained Sh 120,000 from Joseph Kibere Njoroge.

He is said to have pretended that the money was meant to assist a victim of accident and funeral arrangements of Hon Samuel Kuntai Tunai son a fact he knew to be false.

The accused was released on Sh 30,000 cash bail or a bond of Sh 100,000.

A Nairobi court has declined to issue orders suspending Sakaja’s school feeding program.

The program which is benefitting needy children will not progress as planned by the Nairobi County.

The high court judge Mugure Thande while delivering the ruling stated that suspending the feeding program would not be in the best interests of the children.

The interests of the children are paramount, according to Justice Mugure Thande, ruling that “conservatory orders sought cannot be issued at this stage.”

“I decline to grant any conservatory orders at this stage. To suspend the programme at this stage will be against the best interest of the children who are targeted to benefit from this program,” she said.

A lobby had gone to court earlier this month, seeking to halt Nairobi County’s Sh1.2 billion primary school feeding program, a move that might have denied over 250,000 students and pupils the opportunity to eat a meal in schools at the expense of the County Government.

Tunza Mtoto Coalition executive director Janet Muthoni Ouko, whose lobby represents privately owned informal schools, had petitioned the Constitutional and Human Rights Court to halt the program until her case was heard and resolved.

She requested that the court issue conservatory orders blocking and/or postponing the release and spending of funds allocated to the “Dishi na County” school-feeding program, which is intended to help public schools.

Nine officials of Azimio One Kenya Alliance have moved to court under a miscellaneous application contesting their arrest.

They want the court to order their release from unlawful custody and be produced before a legal court.

The nine are Babu Owino, Dennis Onyango, Ken Chonga, Teddy Mwambire, Wilfred Odallo, Redson Onyango, Eric Otieno, Anthony Otsyula and Maurice Ogeta.

Through lawyer Danstan Omari, the nine said their arrest was unlawful.

“The applicants were arrested on July 19,2023 at various places within Nairobi County and whisked to various destinations that are unknown to their family members, friends and acquaintances within the ranks of the official opposition of the government in Kenya,” says Omari in the application.

He says that they were arrested while they had every intention of participating in the three-day country wide demonstrations beginning the 19^th July 2023 that have been called by H.E. Raila Odinga pressured the government of the day to lower the cost of living especially following the passing of the Finance Act,2023 that despite its operation being stayed by the Constitutional Court, its effects continue to pain Kenyans.

“The Applicants herein were last seen with members of the Inspector General of Police some of whom not only wore their official uniforms but also drove GK vehicles where they were bungled up and whisked to unknown and/or undisclosed locations, “added Omari.

Omari says that the DPP and IG continue to unlawfully detain the Applicants without the authority of the courts and knowledge of their whereabouts being known to their loved ones and as such this Court is enjoined by the law to order their release or immediate presentation before court if at all any offence cognizable in law has been committed by the Applicants.

“Unless this Honorable Court certifies this matter as URGENT and orders the production of the Applicants before this court, the rights of the Applicants which include the right to peacefully demonstrate, to freedom of movement and to associate freely with others exercising their political rights will continue to be violated, “adds Omari.

A Nairobi court has acquitted Bishop Gilbert Juma Deya accused of stealing five children.

This is after the prosecution failed to establish a case to answer against the accused.

“The prosecution has failed to establish a prima facie case against Deya, ruled Milimani senior principal magistrate Robison Ondieki.

Deya who was represented by lawyer John Swaka applauded the ruling saying that finally justice has been served.

“I thank lawyer John Swaka for standing with the truth and I want to inform the people of God that I have been innocent since the year 2004 when the incident is said to have happened, “added Deya.

Deya said that he has forgiven his persecutors, saying that he is going back to the UK to continue with his ministry.

“The case tinted my name …but I’m happy that I’m going back to the ministry.I’m happy that I’ve been acquitted,” he said

His lawyer John Swaka had submitted that the evidence relied on by the prosecution was marred with inconclusive and inconsistent discrepancies, which cannot mount to safe and secure conviction.

Kenya Power and Lighting company has been restrained from interfering with the operations of Ceva Interfreight Kenya.

In an order issued by the court on July 12/2023, The lighting company has been stopped from interfering with the smooth running of this business pending the hearing and determination of the matter at the high court.

“This application is hereby certified as urgent,” reads the order document.

In an application filed by lawyer Danstan Omari, Ceva Interfreight company says it is a tenant of Amanzee Investments Kenya having renewed its lease from June 1,2013.

Ceva is located in the Mombasa Mikindani area.

Omari said in the petition that the terminal yard of Ceva is enclosed in a perimeter wayleave granted to the KPLC which happens to be its immediate neighbor.

He adds that KPLC had erected a pylon tower on the wayleave in the Ceva’s yard and one of the anchoring legs sat in the yard and the other sat on the wayleave.

On 2^nd July, 2023, the pylon tower fell and its legs hit the perimeter wall of the terminal yard and it led to the explosion of the fire sparks that caused damage to the electrical wires.

On 6^th July, 2023, the Directors of Ceva received summons from the DCI compelling them to appear before them on 7^th July, 2023 without fail despite Ceva having written to KPLC explaining what transpired and neither the Directors nor any employees of the applicant were involved in the accident that occurred.

Omari says in the petition that as a result of the respondent’s unlawful actions, Ceva’s directors are under imminent threats of arrest and are justifiably apprehensive that their constitutional rights are being violated.

He adds that the arrest by the DCI, IG and DPP and the Kenya Police are being abused and misused to harass, intimidate and oppress Ceva.

“Ceva is of the firm believes that the timing of the arrest is designed to intimidate and ensure that it does not continue running its business here in Kenya,” adds Omari.

He contends that DCI has prevented the applicant from using the usual weighbridge that they have been using, hence paralyzing its business.

According to him the DCI has already demonstrated malicious intent and a clear disregard for the rule of law by abusing due process as enumerated under Section 52 (1) of the National Police Service Act, 2011.

He says that as a law-abiding citizen, Ceva’s directors are ready and willing to submit themselves to a just and fair legal system/process in which their fundamental rights and freedoms are respected and protected.

Directions will be taken on July 19/2023.

A Member of Bunge La Mwananchi Shadrack Orwa Omondi alias Omosh Jakababa who is also Raila supporter is now behind bars.

He has been detained for a week after he allegedly told Raila in a tiktok video to go to Russia and procure guns for his supporters to invade state house.

According to the DCI, Omosh Jakababa among other suspects still at large is said to have published through Tiktok a malicious video captioned ‘Baba enda Russia utuletee bunduki’ Omosh Jakababa…roughly translated as (Baba go to Russia bring us guns).

DCI believes that the averred publication went further to state that once they acquire the purported weapons, they would be able to face off with the law enforcement officers.

Further, DCI told the court that the utterances by Omosh Jakababa involved incitement to take up arms to advance to a protected area (State House) without permission.

In his objection through lawyer Danstan Omari, Omosh stated that DCI has not linked the Tiktok account to him hence it is hot air.

Further, he said that the word Baba enda Russia does not disclose any offence because Russia is not a restricted country hence anybody can access Russia.

He also told the court the wording ‘utuletee bunduki’ has a million and one meanings.

The Principal Secretary nominee for Cabinet Affairs Julius Korir now has to prepare to defend himself in a case where he is charged with assaulting his estranged wife.

When delivering the ruling, Milimani Senior Principal Magistrate Dolphina Alego said that the prosecution has proved its case against the accused and he has to defend himself.

Korir is charged with assaulting his wife Evelyn Koech over food claims.
Previously, Korir’s lawyer questioned the admission of a P3 form that was not original as it was a photocopy. 
The magistrate said the medical document was authentic having been written and signed by a government doctor and produced in court whether he is dead or alive. 
In March, Dr Stephanie Wakaba testified that in 2020 while carrying out her duties at Nairobi hospital, she received a patient by the name of Evelyn Koech.
The court was told that Koech appeared to be sick because she had bruises and linear marks on her back, butt and a tear on her arm.
“She came in with a history of physical assault, I attended to her and did a physical examination.  She appeared to be sick, in pain and had bruises,” the court was told.
Wakaba was testifying in a case Korir is charged with assaulting Koech while pregnant in 2020.
Wakaba further stated that she took images of the patient who requested to have them taken.
A video of the same was also played in the court camera.
In November last year, Koech narrated to the court how she was allegedly beaten by the PS, stating that Korir returned home one day and asked for food but, before she could respond, he had already started beating her.
“On a fateful day, I was putting our child to bed when my husband walked into the children’s bedroom and shouted ‘Leo utaniona, iko wapi chakula?’ And before I answered the accused started slapping me. I was trying to protect the baby from the slaps,” she narrated.