Court News
Pilot in Sh722 million dispute with Stanbic bosses dismisses application to stop DCI probe
Pilot in Sh722 million row with Stanbic bosses dismisses application to stop DCI probe.
A pilot at the center of a row between Stanbic Bank and an airline has asked a court to dismiss a plea by the bank bosses to stop police investigations into their conduct in a Sh722 million saga.
Captain Eric Lugalia of Air Afrik Aviation Ltd said the the role of the Director of Criminal Investigations derives their mandate from
Article 247 of the Constitution of Kenya and through the National Police Service Act
2011 and their role is to carry out criminal investigations.
“That the Petitioners/Applicants cannot stop the police from doing their work, which is
exactly what the Director of Criminal Investigations, the 1st Respondent is doing.
THAT it is only in the interest of justice,that if the Petitioners/Applicants do not have
anything to hide, let them answer the issued summons thereof,” he said in a replying affidavit.
This is after the bank and its Chief Executive Officer Joshua Oigara challenged the Directorate of Criminal Investigations(DCI) sumnons in the Sh722 million row with an aviation company.
In the case filed before High Court judge Chacha Mwita, the bank says he Banking Investigative Fraud Unit (BFIU) summoned the chief executive on a day he was with President Nilliam Ruto at the Kenyatta International Conference Centre for Inua Biashara MSME Exhibition.
The investigators are also said to lave sent Oigara fresh summons requiring him to go to the Kiambu Road headquarters to write a statement egarding an eight-year dispute between the lender and Air Afrik Aviation Ltd.
They say the DCI informed them it was investigating an offence of fraudulent false accounting.
The bank now claims the investigative body is probing a complaint which had already been previously investigated and the bank cleared and is only seeking to interfere with another ongoing case.
The bank’s lawyer Kamau Karori said Air Afrik had filed a complaint with the Central Bank of Kenya over the same issue but the regulator threw it out after finding that the bank had done nothing wrong by debiting amounts it had erroneously wired to the firm.
Karori argued that Air Afrik filed a separate case before commercial court judge Nixon Sifuna and which was heard this week.
At the same time, he says Oigara was not working with Stanbic at the time of the transaction and that the DCI is being used to cripple the bank’s ability to battle Air Afrik in the commercial case.
“The alleged offence for which the inquiry by the first respondent is being made is premised on false, unjustifiable and erroneous presumptions that were previously investigated.”
“The CBK did not find any wrongdoing on the part of the first petitioner and the second was not an employee of the first petitioner during the period the above events occurred. Those matters are now the subject matter of a civil suit and is therefore no legal or factual foundation and/or basis for summoning the second petitioner,” argued Kamau.
A legal officer at the bank Janet Wanjohi said the row stemmed from a transaction in 2016.
Wanjohi explained that Air Afrik was Stanbic’s customer in its South Sudan branch and it operated a business account in Juba.
She said that on February 5, 2016, Stanbic received a credit advice note from the Bank of South Sudan (BoSS) advising that its clearing and settlement account had been credited with $7.2 million (approximately Sh730.8 million) for Air Afrik.
The officer said that three days later, Stanbic credited the aviation company’s account with the money after deducting its commission.
Subsequenly, Wanjohi said, Alr Afrik withdrew at least Sh101 million from the account.
However, she explained that Stanbic realised that BoSS had not actually remitted the money it had instructed it to wire Air Afrik.
The court heard that lender opted to freeze any further withdrawals and it notified the aviation company that the money in the account would be reversed.
“It therefore, in effect, mistakenly and erroneously credited the interested party’s account with its own money. The first petitioner proceeded to apply a “post no debit” instruction on the intersted party’s account to prevent any further withdrawals and notified the interested party that the $7.2 million had been credited to its account in error and therefore the un-utilized balance would be reversed.”
She said that they held several meetings and exchaged correspondences between her employer Air Afrik and Boss in a bid to resolve the issue.
All through, she argued Stanbic maintained that it had no obligation to pay Air Afrik from its own money as the South Sudan’s governent agency had not remitted the money.
It argued that it had a right to reverse the money al ready in the account.
Wanjohi said that Air Afrik went ahead to file a complaint with the CBK on June 24,2016 but the regulator threw it out.
The company has filed another civil suit over the matter.
Congolese National Patrick Ilundu Lumumba Sh 156M fraud case to proceed on October 22,2024
A case in which a congolese National is charged with Sh 156M fraud will proceed on October 22,2024.
In the case, Patrick Ilundu Lumumba alias Gabriel Kulonda Ilundu alias Lumumba Patrick Byarufu is accused of obtaining USD 1 million (approx Sh 156 million) from Yingchen (Shenzhen) International Trade Company Limited.
When the matter came for hearing before magistrate Dolphina Alego,the Complainant, a chinese national informed the court through her lawyers that she could not appear in person since her life is in danger.
She opted to testfy vertually but thevdefense were opposing that application saying she afraid to come to Kenya because she has defrauded people of Millions.
The court heard that Michelle Wu who is the complainant has been threatened by the accused.
“For her protection,we pray that she appears virtually from China,” said the prosecutor.
Lumumba is alleged to have obtained the money by falsely pretending that he was in a position to sell to the company 84 metric tonnes of tantalum niobium ore (tantalite) ferried in container numbers; segu 2490020, segu 3374174 and temu 0281304, a fact he knew to be false.
It is alleged that the offense was committed on 26th December 2023 in Kenya, jointly with others not before court and with intent to defraud.
However, defense counsel Gordon Ogado opposed the application claiming that no evidence had been tendered before court to support the allegations of threat to to life.
Ogado told trial magistrate Dolphina Alego that the only reason Wu does not want to testify physically is because she has a warrant of arrest against her in Kenya.
According to the advocate, his client made a police report against the Wu over USD 1.8 million fraud.
“She is a fugitive and is accused of stealing about USD 2 million, Ogado submitted.
After a long back and forth argument between the defense counsel and the state on whether she should testify virtually,the magistrate directed that the matter be mentioned on 22nd October so that she can hear the side of the witness before determining whether she will testify physically or virtually.
Since the witness is alleged to only speak Chinese, the court ordered that a translator be available during the next court appearance.
After Several petitions Challenging the impeachment of former Deputy President Rigathi Gachagua by the senate were filed in court,court has suspended the process of appointment of New DP.
This is after many petitioners moved to court to stop the President from nominating another Deputy pending the hearing and determination of these matters.
The matters have been filed at Milimani High Court Constitutional department.
Sheria Mtaani Na Shadrack wambui and another Emmanuel Elijah Otieno have challenged the impeachment of the former Deputy President by the Senate.
Through lawyer Danstan Omari, the Group says former Deputy President Rigathi Gachagua’s impeachment decision was arrived at in his absence which is a total abuse of the constitution.
“On the night of October 17,2024, the Senate oversaw the impeachment process of the former DP who was by the decision of the Senators removed from office by way of impeachment after they(majority)found him guilty of 5 of 11 charges levied against him.
Omari argues that in total abuse of constitution, the Senate was supposed to conduct that process within 10 days under Article 145(3) of the constitution, but the Senate rushed the proceedings an unreasonably declined to adjourn the sittings of the house to a later date to allow Gachagua time to recuperate after he suffered chest pains.
According to Omari,there is likelihood that President Ruto, pursuant to article 149 of constitution move to act on the unconstitutional decision of the Senate causing further and unmitigated violation of the constitution.
They want the court to stop the implementation of the impeachment decision by the senate.
They claim that the nomination of Prof.Kithure Kindiki has been done in gross violation of article 137 of the constitution as he is a state officer serving as the Cabinet Secretary in Charge of Interior Security.
“No party shall stand prejudiced if the orders sought are granted as there is an urgent need to return to Status Quo in order to allow the court to investigate whether it is possible under law for the president to nominate a replacement of DP in absence of the Commissioners of the Independent Electoral and Boundaries Commission (IEBC) who have the singular duty of approving such nomination under article 82 and 88 of the Constitution of Kenya.
They are seeking orders to suspend the decision by the senate pending the hearing and Determination of this petition.
Sheria Mtaani Na Shadrack Wambui moved to court seeking urgent orders to stop the implementation of the Gazette Notice published by Senate Speaker Amason Kingi that communicated the vacancy in the Office of the Deputy President.
The petitioners have asked the court to stop the whole process claiming Gachagua’s impeachment last night was a violation of his rights as the decision was reached without his participation.
Business man Gilbert Wachira Kariuki alias Moris Kariuki Battles with Sh 94M Laptop Fraud in Court.
Gilbert Wachira Kariuki, also known as Moris Kariuki, has been charged with laptop fraud amounting to Sh 94 million.
Business man Gilbert Wachira Kariuki alias Moris Kariuki charged with Sh 94M Laptop Fra
Gilbert Wachira Kariuki alias Moris Kariuki
A businessman has been charged with obtaining over Sh 65 million from Hopeland Advertising and Design Limited by pretenses. Gilbert Wachira Kariuki alias Moris Kariuki is accused of obtaining money from John Ohas Omondi.
The director of Hopeland was pretending that he was in a position to award tender No.MDNP/ICT/045-2018/2019 from the Ministry of Devolution and National Planning for the supply of laptops valued at Sh 94M.
The accused is alleged to have committed the offense on diverse dates between 18th August and 14th November 2018 in Nairobi with intent to defraud, jointly with others not before the court.
He appeared before Senior Principal Magistrate Kenneth Cheruiyoit where he pleaded not guilty to fraud charges. Kariuki was granted a bond of Sh 2 million and one surety of a similar amount or cash bail of Sh 2 million.
Lawyer Thomas Otieno Ngoe and businessman Nicolas Otieno Ndolo battling Sh130m Gold fraud case in court..
Thomas Otieno Ngoe and businessman Nicolas Otieno Ndolo in court over alleged Sh130m fraud.
A lawyer and a gold dealer were Wednesday arraigned for allegedly defrauding an American businessman of Sh130 million in fake gold deal.
Lawyer Thomas Otieno Ngoe and businessman Nicholas Otieno Ndolo appeared before Kibera senior principal Magistrate Charles Mwaniki where the prosecution sought more days to detain them.
The police through inspector Alexander Makomah were asking for 14 days to detain them as they complete their investigations.
According to an affidavit signed by the investigating officer, the two were to sell gold valued at Sh16 billion to the American businessman.
“That after formal introductions, they agreed that the complainant would purchase 3,000kg of gold at $41,000 per kg totalling to $123,000,000,” read part of the affidavit.
This is the latest such gold scam to happen in a series in the country that have seen unsuspecting businessmen lose millions to the scammers.
- It comes amid pleas from police to foreigners seeking to purchase gold from the country to get advice from their embassies and government offices.
The duo were released on Sh500,000 cash bail after the court ruled that the prosecution ground to hold them was not sufficient
“The prosecution did not tell the court that the respondents were flight risks, the basis of the application was based on the authenticity of the firearm licence, since the amount involved are huge, they are therefore released on Sh500,000 cash bail each and they will report to the investigating officer at the DCI Nairobi area specifically on April 3,” said Senior Principal Magistrate Charles Mwaniki.
The defence lawyers had told the court that their clients were not flight risks and urged that they be released on bond.
Moses Kabali Jailed For 5 Years Over Giving False Terror Attack Warning To Interpol In Kenya
A Ugandan national has been sentenced to five years in prison for sending a false email warning of an imminent terrorist attack in Kenya.
The Kahawa Chief Magistrate Court found Moses Kabali guilty of the offense under the Prevention of Terrorism Act No. 30 of 2012.
According to a statement by the DCI, Kabali emailed Interpol in France, claiming that a terrorist group was planning an attack in Kenya using Improvised Explosive Devices (IEDs) leading to investigations by the Anti-Terrorism Police Unit (ATPU).
The ATPU initially arrested a woman linked to a phone number found in Kabali’s report.
Upon questioning, she disclosed that the said phone number had been registered using her ID card but was being used by her cousin.
A manhunt for the said cousin ensued, and she was arrested in Eastleigh, Jam Street, on August 31, 2024. However, further investigations revealed that she had no links to any terrorist group and was unaware of any planned attack.
Kabali was arrested on September 3 at a school in Eastleigh. Police found two mobile phones, two laptops, and other documents at his home.
Forensic analysis confirmed that the hoax email came from Kabali’s Yahoo account.
In court, it was revealed that Kabali made the false threat out of anger towards his estranged wife.
He was ordered to pay Ksh5,000,000 or serve five years in prison.
Elizabeth Murugi Wamocha, a city Petrol attendant charged with Sh10M in Fraud, A woman who had been celebrated as a key Petrol attendant has been charged in court with Sh10M.
She is an attendant at Ola Petrol station at OTC Brank and is alleged to have stolen Ksh10,977,444 the property of Samuel Wachira Wanja by virtue of her employment.
She was charged before senior Principal Magistrate Gilbert Shikwe, the accused person is said to have committed the offense between September 1 and October 7, 2024.
She denied the charges and was released on Sh200,000
Sirisia Law Courts on Spot for allegedly Refusing Release medical records on defilement case.
A man from Sirisia Sub county, in Bungoma County is crying out for justice from Sirisia Law Court.
According to the Man, that court has deprived him of justice as a ruling on his daughters defilement case was delivered in his absence.
The aggrieved man has told Justice Today that his daughter was defiled early this year by one man aged around Sixty years.
The case was taken to Sirisia Law Courts ruled and nullified in his absence.
A defiler according to him is now a free man.
The Man says he has been making requests to be given particulars of that case from the same court but he claims he has been denied the documents.
The documents that the court attentands have allegedely refused to grant him are :
1.The Letter from Butonge Primary School where their daughter was schooling.
2. The court proceedings as they have been attending the court.
3. The report from the doctor who diagonized their daughter. ( The doctor’s report that confirmed that their daughter had been infected with HIV/AIDS and so put under ARVs dosage.)
4.The final report from the Judge after rulling that case. (The case he says was ruled in his absence and before the date he was told to attend the court.)
The only information Mr. Kakai was given was OB number from Sirisia Police Station, a copy of bond form for Me. Shaban Simiyu and the case number.
So far, the Man is requesting to know why the above mentioned documents have not been given to him even after he severally requested for them.
Every time he requests for these documents, he was asked if he has a plan of launching the case.
He told USb that he doesn’t understand how and why his case was terminated at first, in his absence (before the day he was told by the court to attend for the ruling has arrived) and also he doesn’t understand why the court has refused to grant him the above mentioned documents of his case.
He pleads for justice.
An Insurance Company Staff has been charged with stealing Sh 3.5M.