Court News

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by Kelvin and Hassan.The Investigation Officer said that preliminary investigations indicate that Sh 6.5Million was withdrawn and the reminder transferred to Asmara Ventures Limited accounts which belong to Kelvin.The court was informed that there is a mastermind by the name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.

Former Nairobi Governor Evans Kidero has written to the Chief Justice.

He is seeking to have a case before the Anti-corruption court to be heard by magistrate Douglas Oguti.

In the letter,Kidero and others say that Ogoti has heard the case from the beginning and its now at the last stages adding that one witness is remaining to testify in the matter.

According to the accused persons, they would want Ogoti to hear and determine the case.
Ogoti was transferred from Milimani court to Kisumu.

It is their submission that the transfer of the magistrate is likely to affect and delay the case and delay his fundamental right to a fair hearing and expeditious conclusions of the trial.
“Thus given the very advanced stage of these proceedings, the numerous parties and advocates involved, judicious use of limited judicial resources including time in view of article 47………we take this opportunity call upon and humbly request the intervention of the chief justice to grant permission and give directions that the trial magistrate Ogoti to conclude and finalize the trial of this, matter,” reads the letter
When the matter came up for mention this morning before magistrate Victor Wakhumile, Kidero through his lawyers asked for adjournment to allow the CJ reply to their request dated 22 February this year.
The court agreed and directed that the matter be mentioned on 20th of April to confirm if the cj has replied and for further directions.

A Malindi Court has restrained a Man from evicting a Businesswoman from their matrimonial home.

Malindi Senior Principal Magistrate James Ongondo issued an order on February 18,2023 stopping Wesche Simon Enna from wasting, damaging or interfering with that matrimonial property located Habour Cottage pending the hearing and determination of the matter in court.

“A temporary injunction be and is hereby issued restraining Wesche, officials, employees or whomsoever is acting on his behalf from wasting, damaging, alienating or interfering with altering the beneficial interest over shares and assets in Habour Key Cottage Management Limited pending the hearing and determination of the suit in court, “added Ongondo.

In her application through lawyer John Swaka, Vivien Nasimiyu Wamalwa claims that her husband whom they jointly bought the property has evicted her from the house.

She claims that they got married in June 2020 in Odennse Kommune Denmark.

The union between the parties was however not blessed with any children.

Swaka in court documents says that the woman had a daughter and the Simon a son from their previous relationships.

In May 2021, She secured employment with Telehealth Company in Kenya and they relocated to Kenya. Simon retained his employment with his Danish employer working remotely.

The two resided in Kilimani Nairobi together with the woman’s daughter in an apartment which the Applicant was renting.

The two while on holiday in Malindi came across a property known as Harbour Cottage No 30 registered as CR No. 35919 and known as Land Portion No. 9699 which piqued their interest.

They purchased it on Sh 7,000,000 via a sale agreement drawn by the Advocate firm of Muli & Ole Kina.

 They equally jointly purchased shares in Harbour Key Cottage Management Limited from Nesti Maria Raffaella

Upon purchase they moved into the property together

Swaka says that the man has been physically and verbally abusive to the woman on several occasions both in Denmark and within the country leaving her with severe injuries and bruises on her body.

The attacks of violence and abuse forced the Applicant to seek psychological assistance from a therapist following a marital spat which culminated in the Respondent attempting to kill the Applicant through strangulation

They separated for a brief period within the month November 2022 and the Applicant moved back into their home in Nairobi.

The woman having had an opportunity to begin healing both physically from the bruises and scars and emotionally, sometimes in the month of February 2023 informed the Respondent that she would be moving back into their home in Malindi

To the woman’s surprise upon arrival on the 7the February 2023 she was met with boxes and bags of her personal items at the gate by one Kenneth Maina who had been hired by the Respondent to bar the Applicant’s ingress and access to the premises.

Lawyer Swaka says that the actions by the Respondent have excluded the Applicant from use and access to her matrimonial home despite having equally contributed to the purchase of the property

The woman is apprehensive that unless restrained by the court the man shall remain a persistent nuisance and a threat to her safety and well-being and her proprietary interests.

Swaka says that the conduct by the man threatens the woman’s quality of life and her proprietary interests over the land as enshrined under the provisions of Article 40 of the Constitution.

“The actions by the Respondent have destabilized and wreaked havoc to the Applicant’s life through the constant threat of assault, physical harm and verbal insults and abuses”, adds Swaka

He says that the actions by the Respondents have been a cause of grave mental, emotional trauma.

City lawyer Thomas Otieno Ngoe and businessman Nicolas Otieno Ndolo are currently in as prosecution seeks days to detain them over the link to over Sh100million gold scam.

Court prosecutor Jonah Meroka is seeking five days to detain them for allegedly defrauding an American the said amount contrary to section 393 of the penal code.

The complainant is said to have to known the first respondent, Nicolas Otieno Ndolo as a businessman who deals in gold.

“The first respondent here in provided Equity Bank Account to the complainant account name Africorp Consultants Limited as the Transactions account for the business,” the court heard.

Meroka told the court that the first respondent then confirmed to the complainant that he had received the money and he was to contact the respondent to witness the packaging of the gold in reediness for shipment.

The complainant waited in vain for the appointment to witness the packaging which then prompted him to request for the documentation in regard to the purchase of the said gold.

The affidavit filed before the court says that the first respondent them started to avoid meetings and threatened to have the complainant deported from Kenya.

The complainant the reported the matter to the Capital hill police station and the investigations began.

The money upon investigations was found to have been wired to the the lawyers account and was later transported to another account.

The prosecution told the court that firearm was  found  in the  car they were using .

The prosecution urged the court to detain them for five days for them to complete their investigations to determine whether the firearm was licensed.

Their lawyers have jointly objected the prosecution’s request to detain them saying that the evidence is not sufficient.

They have also urged the court to release their clients on cash bail.

The file has been placed aside.

Man charged with shipment clearance fraud.

Samuel Mwendwa Mutua was arraigned at Milimani law courts where he was charged with obtaining ksh 1,320,543.08 from Edwin Nginya Kuraru by falsely pretending he was in a position to clear the shipment from India. He was also charged with forging the signature of Kivuti Musila on an affidavit, which he falsely uttered to a DCI officer at DCI headquarters on 16th February 2022. He denied particulars of the charges before Senior Principal Magistrate Robinson Ondieki.He was released on a cash bail of Ksh 200,000 or an alternative bond of Ksh 300,000.

One of the 8 suspects implicated in the Sh53 million fake gold scam has been charged in court today.

Samuel Wathika Gathuru has appeared before Milimani senior principal magistrate Esther Kimilu and denied 3 counts of conspiracy to defraud, obtaining money by false pretenses and attempting to obtain money by false pretenses against the law.

Plea against the others Moses Otieno Oketch,Patroba OdhiamboTobias,Elisha Mbadi Kimbero,Teddy Samora Kowino,Joannis Kaisarios and Mugabe Patrick Biriko was deferred to April 17/2023 following request by ODPP to await a request they made for a review to charge them.

Warrant of arrest against Joannis Kaisarios was issued after he absconded and the cash bail of Sh 100,000 forfeited.

The court was informed that on diverse dates between March 23,2022 and December 18,2022 in various places within Kenya and outside the jurisdiction, jointly with others not before the court ,conspired to defraud USD 434,100 (equivalent to Sh 53,828,400) the property of Ismael Kolawole Adesina.

In the second count,Wathika was charged with obtaining money on similar dates and place from ISmael by pretending that he was in a position to sell and ship 156kilograms of Gold to Dubai a fact he knew to be false.

He was charged in the last count with attempting to obtain money by false pretenses against the law.

Wathika was charged that on February 2,2022 and February 3,2023 at Bravil group limited in Kilimani within Nairobi County ,jointly with others not before the court attempted to obtain from Muthu Siva Sakthi Velu USD 25,000 equivalent to Sh 3,175,000 by falsely pretending that he was in a position to sell and ship 5 Kilograms of Gold knowing it was false.

He has denied the charges before Milimani senior principal magistrate Esther Kimilu.

The accused was released on Sh 300,000 cash bail.’

The matter will be mentioned on April 17,2023 where his co-accused are expected to be charged also.

Wathika took plea because he had not asked for a review of his file as his co-accused.

A accused of stealing several mobile phones has been charged.

Nelson Ogega Matoke appeared before Chief Magistrate Lucy’s Onyina where he was charged with obtaining 8 phones worthy Kes 1.2 million by falsely pretense.

The accused faced several counts of obtaining six Samsung phones and Two Iphone 13 pro max valued at Kes 1.2 million from one Alex Ndungu Gakimo.

He is said to have pretended that he was in a position to pay a fact he knew to be false.

He was also charged with making a false title deed of a land in Kajiado purporting it to have originated from registrar of land with intention of using it as a security to obtain the phones.

The prosecution, however, informed the court that the accused person has another similar case before Kiambu Law Courts.

According to the ODPP, Mr. Matoke has a pending warrant of arrest before Kiambu which was issued on August 30,2022.

He was expected to appear before Kiambu Law courts on August 2022 but he had been at large.In a quick rebuttal, the defense informed the court that Mr. Matoke faces a bailable offense and therefore pleaded for a lenient bail and bond terms.” Your honor, the offense the accused is facing before you is bailable and we therefore plead that this court releases the accused person on reasonable cash bail.”The court persuaded by the defense, released the accused person on a bond of Kes 400,000.