Court News

Court of appeal has suspended the arrest and prosecution of 3 business people accused of forging a title deed.
TA panel of three court of appeal Judges Jessie Lessiit, John Mativo and Paul Gachoka has allowed their application of stay.
The three are Bharat Ramji, Harish Ramji and Ashvin Ramji had appealed against the decision by Director of Criminal Investigations, Inspector General of Police and Director of Public prosecutions to prosecute the three.
The panel of three judges Jessie Lessiit, John Mativo and Paul Gachoka have allowed their application.
“We hereby stay the DPP’s decision to arrest and prosecute the applicants pending the filing, hearing and prosecute the applicants pending the filing, hearing and determination of their intended appeal to this court, “ruled the panel.
Mombasa cement Limited is the interested party in the appeal. The three wanted to stay of execution of the ruling delivered by a Kiambu high court that failed to stop their prosecution.
The applicants had earlier moved to the high court seeking to quash the prosecution’s decision to summon them on forgery of title claims.
They had also sought orders of prohibition to prohibit the respondents from initiating any criminal proceedings based on the summons dated April 18, 2024 on alleged forgery of title claims.
In the appeal, they claimed that Judge Chepkwony dismissed the Judicial Review application holding that the investigations on the alleged forgery concerning the said title are ongoing and at that time no charges had been brought against them.
The judge ruled that the civil appeal before him never adjudicated on the alleged claim of forgery.
He found that they were undeserving of the judicial review remedies of review and prohibition.
Aggrieved by the dismissal of their application, the applicants filed an appeal on July 31, 2024 seeking orders that the appeal court stays execution of the ruling delivered by Judge Chepkwony on July 24, 2024 pending the hearing and determination of the appeal.
They also wanted the DPP to be stopped from arresting and prosecuting them pending the hearing and determination of the matter.
They concluded that they have an arguable appeal and unless stay is granted, the prosecution is likely to proceed with their arrest and abuse criminal prosecution before lower court in order to intimidate and harass them in a bid to influence any further civil process thereby greatly prejudicing. And breaching their rights.
The intended charge sheet read that they conspired to. Forge a transfer document purporting it to be genuine and signed by a board of trustees of the NSSF and yet they are to be shown a formal complaint and none of the person has been arrested who they are said to have conspired with.
The complainant in the charge sheet is Hasmukh Patel who is associated with Mombasa cement and so are all the other two witnesses.
They claim Mombasa cement has no right to complain on behalf of NSSF.
According to them, the criminal proceedings were afterthought aimed at orchestrating fictitious charges.
Mombasa cement on the other hand said that there is no evidence that the applicants have been treated unfairly.
The judges concluded that they have been satisfied both requirements under of the court of appeal rules.
The panel stayed the decision by the prosecution to arrest and allowed their application dated July 31, 2024.

A man charged with land fraud worth Sh 100M belonging to a deceased has been freed on Sh 3M cash bail.

A man charged with land fraud worth Sh 100M belonging to a deceased has been freed on strict terms.

Peter Gathii Reuben appeared before magistrate Benmark and denied the charges.

He was charged that on diverse dstes between February 21,2014 and June 23,2022 at the Nairobi Lands Registry,Arthi House,within Nairobi,jointly with others notvbefog6vre court willfully and unlawfully and unlawfully procured for yourselves a Land Title registration of land parcel number L.R 209/2389/19 valued at Sh 100M.

The land is said to be belonging to the late Bertha Wamina Mugo,by falsely pretending that he was the sole rightful proprietors of the said parcel of land,a fact he knew to be false.

He faced another count of conspiracy to defraud against the law.The accused was also charged with making a document without Authority against the law.

Gathii was accused that an unknown place within the Republic of Kenya,with intent to deceive ,without authority or excuse ,made a document namely a letter of Allotment for parcel of land Pangani,purporting it to be a genuine letter of allotment issued by the National Land Commission.

He was charged with Intermeddling with the property of a deceased person contrary to section 45 (1 ) of the law of succession Act.

Peter Gathii Reuben was charged that on October 22,2015 within Nairobi ,jointly with others not before court,without any grant of representation or written law,intermeddled with parcel of land,the property of the late Bertha Wamina Mugo valued at Sh 100,000 by making a false document namely letter of Allotment Pangani for the said land,puporting it to be a genuine letter of allotment issued by the Land Commission.

He was released on Cash Bail of Sh 3M or a bond of sh 10M. The matter will be mentioned on October 3,2024.

Acting Inspector General of Police Gilbert Masengeli has moves to the court of appeal seeking to stay his sentence.

In his application filed by lawyer Cecil Miller, he claims the High court judge Lawrence Mugambi unfairly sentenced him to six months wothout hearing his side.

Masengeli was on Friday last week ordered to serve six months in prison after being found guilty of contempt of court.
Justice Lawrence Mugambi directed that he submit himself to the commissioner general of prisons.

He was however, given seven days to appear in court and explain the whereabouts of three people who went missing in August in Kitengela.

Masengeli wants the Court of Appeal to suspend his conviction and sentencing, saying he was condemned unheard.

The IG said a decision was made by the courts in the absence of any formal application for contempt.

“The judge erred by holding that he cannot send representatives to explain why the order requiring the production of the missing persons had not been complied with” he states in court documents.

He faulted the judge for disregarding his replying affidavit to the case, which he says provided evidence that the missing Kenyans were not in police custody.

Masengeli has accused Judge Mugambi of bias saying the court summons did not require his personal attendance.

“It is in the interest of justice and equity that the application filed be certified urgent and admitted for hearing on priority basis”,the application reads

On September 13, Justice Mugambi gave Masengeli a seven-day grace period within which the acting IG could avoid serving the sentence.

“The acting Inspector General Masengeli can redeem himself by availing himself before this court in person to answer to the issues which he has been avoiding failure to do so the sentence will take effect,” the judge had said.

The IG had failed to honour the summons seven times, citing different reasons.

Reprieve to the Deputy inspector General of police,Mr.Gilbert Masengeli as the High Court sets aside his conviction and sentence over the contempt of court orders.

A lawyer accused of forging a court order has been arraigned in court.A lawyer accused of forging a court order has been arraigned in court.

Dennis Kamau Kariuki appeared before Milimani Magistrate Geoffrey Onsarigo but did not plead to the charges as he was said to have a mental illness.

The prosecution requested more time to conduct a mental assessment.

Kamau is said to have made a document without Authority contrary to Section 357(a) of the penal code.

The intended charge sheet reads that on diverse dates between September 23/2024 and September 6, 2024 at unknown place within the Republic of Kenya with intent to deceive without lawful authority or Excuse made a court order, purporting it to be a genuine court order issued by Milimani Chief Magistrate‘s Court.

A second count in the intended charge is uttering a false document contrary to section 353 of the penal code.

Dennis Kamau is said to have committed the offense on September 6, 2024 within the Republic of Kenya knowingly and fraudulently uttered a false court order purporting it to be genuine court order issued by Milimani Chief Magistrates Court.

The suspect had initially tried to block the media from covering his case but his application was rejected by the court.

He was released on Sh 200,000 cash bail pending plea taking.

Two alleged notorious Gold Scammers have been charged with Sh 52M fraud.

The two Julius Kirimi Muthuri and Richard Heineg Olaf are said to have committed the offense between November 2023 and March 2024.

They are said to have conspired to steal USD 163,490 from Roger Gahwiler by falsely pretending that they were in a position to facilitate transportation of gold weighing 700 Kilograms and USD 30 million in cash from Kenya to Turkey.

Appearing before Milimani Law Courts Senior Principal Magistrate Robinson Ondieki, the suspects denied the charges and were detained in custody until Friday when the court is expected to issue direction on whether to release them on bail or not.

According to police report,the victim became entangled with the scammers after receiving information from his ailing father, who had previously worked in Ghana that about twenty years ago, his father had acquired property in Ghana, which he later sold, leaving the proceeds in the custody of a trustee in Ghana.

“The victim fell into the hands of the two scammers after he was informed by his ailing father who had worked in Ghana that about twenty years ago, he acquired some property in Ghana which he later sold and left the proceeds under the custody of a trustee in Ghana,” wrote the DCI.

In his quest to reclaim this asset, the victim connected with a Ghanaian lady named Mamee Efua Esong, who acted as a translator during the original transaction and arranged to meet her in 2020.

This woman asserted her familiarity with the father’s past dealings and informed the victim that the proceeds from the property sale amounted to USD 62.8 million.

However, she claimed that a special purpose company was necessary to facilitate the transfer of these funds.

The Swiss national was misled into establishing a company intended for the transfer of the money to his home country, but not before he was coerced into paying various taxes and facilitation fees to the scammers in Ghana, Dubai, Tanzania, Uganda, and eventually Kenya, all under the pretense of moving his father’s assets to Switzerland.

“The Swiss national was tricked into registering a company that was to be used to transfer the money to his home country but not before paying taxes and facilitation money to the scammers in Ghana, Dubai, Tanzania, Uganda and later Kenya all in a bid to have his father’s consignment move to Switzerland,” DCI revealed.

While in Kenya, he was introduced to Mr. Richard Olaf Heinig, who subsequently partnered with Mr. Julius Muthuri Kirimi in November 2023 who claimed to own Lawsam Security Company, which was purportedly contracted to transport and store the cargo, allegedly inspected and stored at a Nairobi airport.

The victim was later denied access to the containers, compelling him to pay approximately USD 400,000 in facilitation fees to the suspects.

After exhausting his resources, the victim realized he had been defrauded and lodged a complaint with the Kenyan Mission in Switzerland.

This matter was subsequently referred to the DCI through the Ministry of Foreign and Diaspora Affairs, leading to an investigation and the arrest of the scammers.

Two alleged notorious gold scammers charged with Sh 52M gold fraud and detained.

A Milimani law court has fined city businessman Braxwell Wanjala Shiundu a fine of ksh 150,000 in default to serve one-year imprisonment for a criminal offense of obtaining money by pretense.

In a brief judgment delivered on 9th of August 2024, Milimani magistrate Benmark Ekhubi, however, acquitted his co-accused who is also the sister Susan Awino Wanjala for what he termed as lack of enough evidence by the prosecution.

According to the magistrate, the prosecutor proved beyond reasonable doubt that Mr Wanjala the first accused person received the money from the complainant.

According to the charge sheet, Wanjala a politician obtained a sum of 100,000 USD by pretense that he was indeed in a position to secure a job for one Dr Ali Raza

“On diverse dates between May 2017 and March 2018 at Parklands in Nairobi, within Nairobi county jointly with others not before court, with intent to defraud, you obtained from Dr Ali Raza a sum of 100,000 USD, equipment to ksh 10,000,000,(Ten Million) by falsely pretending that you were in a position to secure a job as an ambassador to Kenya in Brazavile Congo to the said Dr Ali Raza” a fact you knew to be false.”Read the chargesheet.

US based couple and also bishop’s charged with Sh 15M fraud,now wants to stop the criminal case.

A couple and also Bishops based in US and charged with Sh 15M fraud are seeking to stop that criminal case.

Appearing before magistrate Robinson Ondieki of Milimani Law Courts,the accused David Nyamasyo and Monica Ndunge says the matter is civil in nature.

They have recently launched a Sh 1billion by the name Kitonga Garden Resort(KGR) 6in Machakos and now they have brought in lawyer Dan Maanzo who insists that the matter is civil and should be handled by higher court.

They however did not produce any stay order in court but they said they have filed an application at the high court to stop proceedings.

“We have appeared before the court seeking to stop the criminal proceedings at the lower court”added Maanzo.

The two who were charged recently rushed to the high court after they were charged to stop proceedings claiming that they have paid complainant Gabriel Njenjere Chokera around 15M.

They were charged that on diverse dates between September 1,2023 and October 2023 at Mbiuni in Machakos county with intent to defraud,joinlty obtained from Gabriel Njenjere Chokera wooden Tng timber valued at Sh 15,199,240 by falsely pretending that you were in a position to pay a fact you know to be false.

The matter is being heard by the high court judge Mwita Chacha where the couple says it is civil in nature.

The matter will proceed on September 9,2024.

They said that they also want to pursue an out of court settlement.The court has barred the couple from harrasing the victims.

They argued that they have a right of negotiations under Article 149.

It is alleged that there are other complainants who were also conned and have reported the matter.

It is said that there is a painter who lost Sh 430,000,a plumber around 480,000.Other workers are demanding Sh 5M and others Sh 2.8M

The couple are said to be in a con game.

EX-Standard chattered Employee has written a disturbing letter to Chief justice Martha Koome pointing out massive corruption at the Environment and Labour relations court narrating how Justice Moureen Onyango was alledgly bribed by senior Standard Chattered bank bosses to compromise his case.

” Dear Martha Koome, I am writting to bring to your attention significant concerns regarding the handling of my law suit against Standard Chattered Bank at the Employment and Labour relations ,”Mr.Charles J M Mbuthia told the CJ .

The letter, which in our possession further narrates how Lady Justice Maureen Onyango alledgly conflicted and goes on to provide evidence on how things unfolded.

” There is substantial evidence indicating that Standard Chattered Bank (SCB ) has deeply infiltrated the judiciary,
leveraging its influence to undermine justice. The bank has failed to comply with a court order issued in my favour. Officers of the bank maintain unusually close relationships with judicial officers. Two such officers hold official roles in the judiciary,
impacting the performance of the ELRC,” read the expose’ documents in parts

Mbuthia further states that a senior official at the bank has been ridiculing the court rulings in public especially when they tend to favour employees.

” A senior executive of SCB who also sits on the bank’s Board of Directors once unrepentantly published remarks denigrating a judiciary ruling unfavourable to employers. The Federation of Kenya Employers (FKE) seems to be entangled in SCB’s negative influence in the judiciary,” he said.

Another Judge from the labour relations court has also been mentioned but details regarding Justice Moureen Onyango are more damaging.

He told the CJ that he has received some threats inform of displinary actions after his act if revealing the massive rots exhibitted at the bank in his suit.

” I have received Intimidation and Threats which attempted to silence me hence underscoring the lengths to which the bank is willing to go to avoid accountability,” read the court papers in parts.

He further reveals that a certain Judge who doubles as his relative narrated to him how corrupt the judges are including Onyango.

“A close relative, who also serves as a judge at the ELRC, has confided in me about troubling practices within the judiciary, including forum shopping. He commended my efforts to expose these issues and revealed that his colleague appeared conflicted. This judge should be protected for his commendable stance against judicial misconduct. I wish to categorically state that in the preparation and writing of this letter, there has been no collusion, connivance, or undue influence exerted by my relative. His disclosures were made in good faith, solely in the interest of justice, without any
intent to influence or interfere with the judicial process” he said.

In the mix is also an advocate who represented the bank whom he accused of misbehaving and taking sides openly in court.

” The Defendant’s Lawyer
The lawyer representing Standard Chartered Bank exhibited unethical behaviour by defending a conflicted judge against my recusal request. This conduct raises serious concerns about collusion and the ethical standards of legal representatives in the ELRC,” he told the CJ.

He added that it was because of such cumulative issues that his suit was dismissed under suspicious circumstances and called for serious probe.

” I urgently request the JSC to conduct a thorough investigation into these matters, ensure accountability, and take appropriate actions to restore the
integrity of the judiciary,” he added.

Charles Mbuthia had sued the standard chattered bank over unfair dismissal and the case was dismissed. He has since appealed the matter but he says that his letter to the CJ was meant to stop the rots both at the Standard chattered bank and at the Judiciary.

” I want to emphasize that this letter is not intended to influence
or prejudice my appeal before the Court of Appeal or any other legal proceedings.
Furthermore, I do not intend to disparage the ELRC as a whole. I recognize that
the ELRC includes many honorable judicial officers; however, there appear,” he said.

Court Reporters Association of Kenya (CRAK) members  today held their elections in Nairobi.