Court News

Over 100 Employees of Child Welfare Society of Kenya (CWSC) have moved to court seeking removal of their Chief Executive Officer (CEO) from office.
The aggrieved workers, while addressing court reporters outside Milimani Law Courts said they have not received their salaries for the past three years.
In a petition they have filed at the high Court in Nairobi, they want their CEO Irene Mureithi removed from office for failing to pay them their salaries and failure to disburse the funds to needy children.
The workers through Operation Linda Ugatuzi President Prof. Fredrick Ogolla say that their organization receives 1.8 Billion from the government each financial year and funds are not put into proper use as intended.
Prof Ogolla also pointed out that the CEO being a sole signatory to the bank account, has opened a parallel account known as contactor account where the organization’s funds are channeled to.
He also stated that to have the matter investigated by the DCI and EACC has borne no fruit.
It is now the court that can address the matter.
“It is incumbent upon the president to script the organization that the government inherited from the previous regime.”Prof said.
In a petition filed at the high court of Kenya through lawyer Bernard Odero, Ogolla says that it is illegal, fraudulent and against the public interest for the Child Welfare Society of Kenya (CWSK), a private entity totally outside the control of the state, to be allocated colossal sums of public funds office of the controller of budget and National Treasury and Economic Planning without being held accountable for the same.
Linda Ugatuzi also wants an immediate audit to be conducted on CWSK BY THE Auditor General to establish the amount irregularly allocated and payable back to the state and the extent of liability of the Trustees for loss occasioned to the public.
The Civil Society is seeking a declaration that CWSK being a State Corporation is not eligible to receive public funding or other state resources in performance of its functions without the appropriate legal framework on how such public funds are to be utilized.
“We are seeking a court declaration that the use and continued funding of CWSK using public funds and resources are illegal, unconstitutional, and null and void.
The group wants all public funds unlawfully allocated to the society since the promulgation of the new constitution.
They also want land that have been acquired through public funds illegally and being appropriated to the society be reverted back to the government as public land or assets.
The said land is in Nairobi, Kisumu, Lodwar, Kiambu, and Mavoko among other Municipalities within the country.
The group contends that that application is not heard on priority basis and orders granted more public funds will continue to get lost, misappropriated and unaccounted for through the guise of that children society.

The hearing of a case in which Nairobi businessman Mohan Galot is charged with more than seven counts including forgery failed to proceed after a lawyer Kaka Kamau watching brief for the complainant protested over his name being mentioned in the criminal matter.

During the first day of the hearing before Mililani trial magistrate Gilbert Shitubi, the first witness Mr Narendah Galot failed to explain to the court how the charge sheet was drafted while the accused was outside the country.

While being cross examined by a battalion of lawyers led by city lawyer Gilbert George,Narendah Galot the first witness failed to explain to the court how a charge sheet was drafted when all the travelling documents shows that Mohan Galot was out of the country by then.

“Yes indeed the charge sheet shows that but it’s the police to explain how such documents can be drafted without the presence of the accused” Said Narendah.

Regarding the transfer of companies shares and appointment of directors,it also emerged that Mahon Galot was the only director who the mandate to appointment other directors based on the document that were filed by the defence.

During the proceedings,Narenda also told the court that he was not present at the Sheria house during the transfer or changing names of the directors of the company adding that they were done by the officers of the said off.

“Am not aware of who hired or appointed directors of the company because what I know my father who once was the director still have share in companies owned by the accused persons”Said Narendah when asked by lawyer Gilbert George whether he was present when the transfer or company was formed.

While protesting about his names being mentioned in the criminal matter,Kaka told the magistrate he was legally in that matter and there in gag or he was not against the defence but he was not happy on how his name was being dragged in that proceedings.

“Your Lordship,I have no problem with the matter being prosecuted,but am not happy with the way may name is being dragged,there is no court order baring or gagging me from watch brief for the complainant” Said Kaka.

Following the protest by lawyer Kaka Kamau who watched brief for the complainant, the matter was adjourned to the 15th of May for the magistrate to peruse and make ruling.

CAS Dennis Itumbi has filed an application in court seeking to strike out orders and petition blocking their appointment.

Itumbi wants to have orders issued on March 24,2023 stopping the newly appointed CASs from assuming office or receiving salaries struck out saying that due process was followed.

High Court Judge Hedwig Ongundi had stated that they said CASs will only assume office after a petition filed by the Law Society of Kenya and Katiba Institute challenging their legality is heard and determined.

Through lawyer Adrian Kamotho, Itumbi says that the petition cannot be heard by the current court because it lacks that jurisdiction.

He says that LSK knowingly misled the Court to issue an injunctive order that would never have been issued, had the Petitioners not irregularly withheld critical matters from the court.

“The process leading to the appointment of the Interested Parties is solidly anchored by Gazette Notice No. 12432 published on 12th October 2022 in Vol. CXXIV-No. 210 of the Kenya Gazette. The said Gazette Notice titled “CALL FOR APPLICATIONS TO THE POSITION OF CHIEF ADMINISTRATIVE SECRETARY IN THE PUBLIC SERVICE” has never been suspended nor invalidated by any competent court, hence remains sound, valid and effective, “Added lawyer Kamotho.

Itumbi says that by deceptively failing to disclose the subsistence of Gazette Notice No. 12432 of 2022, appointment of the Intended Interested Party, the Petitioner fraudulently misled the Honorable Court to issue irregular orders, by cunningly stating that the appointments contravened an unauthenticated letter addressed to the Chairperson of the Public Service Commission by Mr. Joseph Kinyua, a former head of public service “requesting for a vacancy declaration of 23 vacancies.”

He says that for the avoidance of doubt, Article 132 (4) (a) of the Constitution mandates the President to establish an office in the public service in accordance with the recommendation of the Public Service Commission.

Itumbi adds that an alleged recommendation by Mr. Kinyua requesting for a vacancy declaration of 23 vacancies is a legal misadventure, and is inherently incompatible with Article 234 (2) (a) (ii) of the Constitution which confers upon the Public Service Commission unfettered latitude to establish and abolish offices in the public service subject to the Constitution and legislation.

He adds that the appointment of the Interested parties is purely based on recommendation of the Public Service Commission.

Kamotho says that the Petitioners have sought to freeze the salary, remuneration and benefits of the Interested Parties without regard to the fact that upon appointment as Chief Administrative Secretaries, the Interested Parties relinquished their previous roles and enterprises. Thus, from all perspectives, the reliefs sought are disproportionate and life threatening since they leave the Interested parties within the path of danger and without a source of livelihood.

“Pending the hearing and determination of the application herein, the President of the republic of Kenya craves for the setting aside of the inequitable reliefs irregularly obtained by the Petitioners on 24th March 2023,” said Kamotho.

Itumbi says that the actions of the Petitioners point to a serious conspiracy calculated to capture and subvert the operations of the Government in pursuit of a personalized agenda that runs counter to the public interest.

The judge directed that the application be served to all parties and the matter be heard today.

A woman has been charged with multi million land fraud involving Joshua Kulei’s land at Kitsuru in Nairobi.

Elizabeth Sote Chesang was charged alongside Hosea Kipngetich Kieng with conspiring to defraud an unsuspecting citizen Kes 6.5 million pretending they would facilitate the subdivision and transfer of 89.4 Ha located at Kitsuru in the name of Joshua Kulei.

Eliabeth was separately charged with illegally obtaining Kes 5.09 million from Geofrey Kiptoo pretending she would transfer the same land to him a fact she knew to be false.

Hosea who was charged in his absentia was accused of defrauding Kiptoo Kes 1.4 million still pretending to be in a position to transfer the said land to his name.

The two accused persons were further charged with forging the signature of Rosina Ndila Mule, a land Registrar at Ardhi House in Nairobi and attaching the same on a fake title deed of the said land belonging to Joshua Kulei pretending it to be genuine.

Elizabeth denied particulars of the charges and was remanded at Langata Women Prison awaiting the decision on whether to release her on bond or not.

She said that she is unwell but the court ruled that her medical documents need to be verifies.

The matter will be mentioned on March 30/2023.

An advocate of the High Court was on Monday charged with injuring a person at a petrol station by shooting with his firearm.Edward Libendi Anguche was accused that while armed with firearm make Glock, he discharged indiscriminately thereby occasioning harm and injury to Stephen Omujulwa.He allegedly committed the offence on March 26 at Shell petrol Station in Adams along Ngong Road in Kilimani. Anguche is said to be head of litigation senateHe denied the charges before Milimani chief magistrate Lukas Onyina and through his lawyer pleaded for lenient bond terms.He said the accused is an advocate and a civil servant.The court was told Anguche is a family man and he is presumed innocent.He works in Nairobi and has reasons to attend court when required. He is not a flight risk. The prosecution did not object to bond but urged court to exercise its discretion while granting bond terms.The magistrate released him on a cash bail of Sh50,000.The case will be mentioned after two weeks. The prosecution has listed four witnesses to testify.

A Uber driver has been charged with abducting a senior police officer who is said to have arrest him for violating traffic rules.
Francis Karanja Wango faced three counts of abduction, resisting arrest and causing obstruction on a public road.
Wango denied the three counts before magistrate Susan Shitubi.
He denied that he abducted Inspector Joseph Asugo on March 22, 2023 along Ngong Road within Nairobi County.
The director of public prosecutions (DPP) told the court the accused intended to detain the complainant for an alleged illegal act.
“I urge this court to free me on bond as it is both my constitutional and fundamental right,” Wango prayed.
He added that he is not a flight risk and no compelling reasons have been advanced by the prosecution to warrant the court exercise its discretion otherwise.
But the state prosecutor urged the court to take judicial notice that the case against the Uber driver is not an ordinary traffic case.
“I urge this court to take judicial notice that the accused herein is charged with abducting a senior police officer with intend to secretly and wrongfully confine the law enforcer,” the prosecutor told Ms Shitubi.
The prosecutor urged the court to impose stringent bail terms.
But the magistrate freed Wango on a cash bail of Sh200,000 saying although the allegations are serious they cannot be used as reason to deny the accused bond or impose stringent terms.
Ms Shitubi however required the accused to observe bail terms by turning up in court during his trial.
The court directed the prosecution to supply him with exhibits and witness statements.
The case will be mentioned within a fortnight for pre-trial directions.

Three men in a Sh 13M USD exchange fraud case will know their fate today on whether they will be released on bail or not.The court was informed that on March 18,19,2023 the suspects were arrested for the offense of stealing and making a document against the law.In affidavit Sworn by Officer Samuel Macharia, they received a report from the complainant that he wanted to buy US dollars for his business using his Kenyan currency.The complainant was connected to Abdikadir Mohammed Gurrow, Kelvin KithukaKyalo and Hassan Mohamud Ahmed.They exchanged details on how the money will be deposited.The complainant transferred through RTGS, from Equity bank a total of Sh 13,350,000 from his account number in the name of Mukin Gold International domiciled at Equity Bank Limited the account number in the names Royal Empire Investment domiced at Gulf African Bank limited jointly owned by Kelvin and Hassan.The Investigation Officer said that preliminary investigations indicate that Sh 6.5Million was withdrawn and the reminder transferred to Asmara Ventures Limited accounts which belong to Kelvin.The court was informed that there is a mastermind by the name MohamudIsak who is yet to be arrested and they requested more time.The prosecution said that Abdikadir is in contact with some other people who are yet to be apprehended who are out of the country.They said that their phones are needed for forensic examination and that they are also required for the Identification parade.The prosecution said that the suspects are flight risk because of no known place of abode.It is said that the money is still with the suspects and if released they might withdraw.In an affidavit filed by Sargent Samuel Macharia, the police wanted them to be detained for 7 days but magistrate Ondieki detained them till Tomorrow.The suspects pleaded with the court to be released on bail saying that their identification documents are with the investigators.They also said that they are not a flight risk and that resembling Somalis does not make them Non-Kenyans.

A case in which Dennis Itumbi has been charged over a fake assassination letter on President William Ruto has been pushed to June this year.

Itumbi, who has been ICT Chief Administrative Secretary (CAS) Dennis Itumbi has been charged over a fake assassination letter on President William Ruto published in May 30, 2019.

The lawyer representing Itumbi on Monday told the court that his client cannot appear for the defense hearing because of the anticipated demonstrations in the country.

According to the lawyer, Itumbi’s name was mentioned by the principal planner of the demonstration and he was advised to stay away from the city during the period for his security.

The court allowed the application and postponed the matter to June 7.

Itumbi had said that he will call several Cabinet Secretaries and Members of Parliament to testify in his defense.

Itumbi was placed on defense early last year after the prosecution closed its case.

Jonathan Kimutai Koskei the director Hadiko Company Limited has been charged with Sh 14M fraud.

They were charged together with Victor Baraza Odhiambo.

They appeared were arraigned before Chief Magistrate Lukas Onyina at Milimani Law Courts and denied all eight counts of defrauding the said company.

According to the charge sheet, the two accused persons jointly conspired to defraud Hadiko Company Limited’s land measuring 0.09 Ha valued at Ksh 14 million by fraudulently transferring ownership of the said land to the name of Jonathan Kimutai Koskei.

In the second count, they were charged with making a false agreement for the sale of land between Victor Baraza Odhiambo and Jonathan Kimutai Koskei dated February 14, 2013, purporting it to be genuinely drawn by M. Korongo Advocates.

Victor Baraza Odhiambo was charged separately with illegally obtaining land registration of land in Kitengela valued at Ksh 14 million pretending that it was genuinely transferred to him.

Jonathan Kimutai Koskei was too charged with using a fake sale agreement of the said plot of land to obtain Ksh 13 million credit from I & M Bank Kenyatta Avenue branch to facilitate a loan mortgage from the said Bank.

He was also charged with abuse of office to improperly confer a benefit by transferring the said land located in Kitengela to his name and using the same as collateral at I & M Bank to acquire a loan.

The accused persons however denied particulars of the charges and were released on a bond of Ksh 1 million.

Sh8 billion gold disappear at JKIA warehouse A wealthy foreign businessman Edwin Jack Mulindwa is counting his losses after losing 999 kilograms of gold with a street value of Sh 8 billion, in unclear circumstances at a warehouse at the Jomo Kenyatta International Airport (JKIA) on Monday.The wealthy Democratic of Republic of Congo (DR Congo) international was dealing with two Nigerian internationals by the time they vanished. The Nigerian duo include a broker who is only known by the victim as Chief, while the buyer was Dr Wilson Chidozie Nwankwo. It’s believed that they worked closely with local partners and corrupt government officials to steal the consignment. They were planning to buy the commodity by the time it vanished in thin air. According to private investigators, it’s suspected the disappeared consignment could be headed to Turkey but it’s not yet clear which company will be receiving the consignment and it’s believed that the broker could be having a hand in the disappearance since he enjoys the help of key local lawyers and influential government officers.In July last year, about three tonnes of gold valued at Sh20 billion mysteriously disappeared from the custody of customs officials in Nairobi.The gold was allegedly smuggled from a warehouse at the Jomo Kenyatta International Airport (JKIA) where it was being stored.Kenyan investigative agencies and Democratic Republic of Congo (DRC) authorities also investigated illegal gold trade last year amid reports that it had been fuelling the central Africa nation’s 15-year conflict.Member States of the East African Community last in June last year agreed to form a military unit to find a solution to the conflict.Sources with the intelligence networks in Nairobi revealed that the consignment was flown out of the country without following due process or obtaining consent from the owner.However, the destination of the consignment is yet to be established.