Court News

Elizabethe Were has taken her husband Bungoma MP Aspirant Moses Nandalwe to court for kidnapping two of their minors and taking them to his rural home Sirisia within Bungoma County.
Were, a Journalist with the Star Newspaper wants the court to order the Sirisia MP hopeful to produce the minors in court and a legal custody order be granted to her.
She accuses the politician of abducting the two-year-old and one-year-old minors, throwing her out of the vehicle they were traveling in and also taking her phone.
Through lawyer Danstan Omari, she says Nandalwe then used her phone to log into her Facebook account and posted a photo of him and the minors without her knowledge claiming she gave him the kids.
The Facebook post reads; “Good night friends. I gave him his kids. I can’t continue fighting him in court. He has been a good husband. I regret as I was misled into taking wrong decision to quit marriage.”
Were explains that on 29th November, 2021, Nandalwe through her family members requested to have access to the minors to gift them for Christmas.
“Out of my goodwill and anyway he is their father, I agreed to have him access the minors at Sarova Stanley Hotel in Nairobi at around 9:50am,” she says in court documents.
She says during the meeting, Nandalwe indicated that he had a flight back to Eldoret scheduled for 12 Noon so he requested if they would accompany him to the airport before them being dropped off to the hospital as one of the kids was not feeling well.
At around 10:50 together with the minors and in company of three other men left for the Airport but on reaching Nyayo stadium, the ex-husband took her mobile phone and threw her out of the vehicle as he left with the two children. She says she has since reported the matter at Industrial Area Prison.
Were says the minors are girls of tender years in need of motherly care and one of them is still breastfeeding and the same is affecting her as their mother both psychologically and physically.
She says she is concerned that the children are not safe and their welfare is being prejudiced as Nandalwe is an absent father and a politician who leaves home very early in the morning to go and campaign and comes back home very late at night.

Two men have been sentenced to six months imprisonment after they were found guilty of having energy drinks without excise stamps as required by the law.

Isaiah Gitau and Gilbert Mwangi appeared before Magistrate Wendy Kagendo of Milimani law courts and pleaded guilty to the charges.

They were charged that on November 4, 2021, being a driver and a turn boy of a certain motor vehicle, were found in possession of excisable goods which are 1200 cases of Azam Energy drink and 100 cases of apple punch juice which were not affixed with excise stamps as required by regulation 30(1) (f) of Excise Duty management system regulations 2017, occasioning the commissioner Domestic Taxes an Excise duty loss of Sh 108,482 and Value added Tax of Sh 249,600.

They were also granted a fine of Sh 50,000.

A Nairobi court has dismissed an application by former chief accountant at Kenyan National Commission for UNESCO (KNATCOM) which she had sought orders to stop her sacking.

Catherine Nyakoboke had obtained temporary orders to stop her sacking at the agency but her employer moved to court claiming she failed to disclose she had filed two other petitions.

Justice Maureen Onyango agreed with the agency saying Nyakoboke’s suit was an abuse of court process as she had filed two other similar suits in different courts and only withdrew them after obtaining orders in the present suit.“This is a classic case of forum shopping and waste of judicial time and resources. It is also a case of a litigant who set out to vex the Respondents,” ruled the Judge.Nyakoboke had sued the agency, Inspector General of Police, Dr Evangeline Njoka and the Attorney General.She had accused her estranged husband Joseph Oundo of instigating her sacking and investigations by Directorate of Criminal Investigations (DCI).She claimed that the disciplinary process taken against her was instigated solely by the estranged husband and Dr Evangeline Njoka who is KNATCOM Secretary General and CEO contrary to clear advice from the board.Nyakoboke is facing a criminal charges at the Milimani law courts of making a fake document without authority to enable her to get the job at the agency. She was charged last year with fraudulently uttering forged documents namely ‘background check form’ purporting to be filled and signed by Walter Omwenga Oyugi.The offence allegedly happened on March 5, 2018, at KNATCOM Unesco offices National Bank Building, Harambee Avenue, in Nairobi.The Agency (Knatcom) in their application accused their former employee of deliberately failing to disclose and bring to the court’s attention that she had instituted two other similar matters against the same parties.Justice Odero agreed with the agency saying it was clear that Nyakoboke withdrew the two previous petitions after obtaining orders in the present suit, which she had earlier failed to get in the two suits.“I find that the suit herein was at the time of institution both res judicata and an abuse of Court process. The Petitioner first filed Petition 38 of 2020 where no orders were granted. While it was pending she filed JR 9 of 2020 where she again failed to obtain favorable orders. Thereafter she filed the instant suit where she obtained orders on 26th May 2020. It is after obtaining these orders that she withdrew the other two suits,” noted the Judge.She dismissed her petition with cost for being an abuse of Court process.ENDS

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Augustine Wanyonyi ,the accused appeared before Milimani Law courts where he was charged with stealing The Holy Bible valued at Ksh 1,840. He denied the charges and was released on a bond of Ksh 20,000.

The High court has stopped a bank and two businessmen from taking over the operations of Thika Nursing Home and Thika school of Medical and health sciences of over Ksh 370million debt.
 
 
Justice Alfred Mabeya issued the orders after the two institutions moved to court to block the Bank of Baroda and Ponangipalli Venkata and Swaroop Rao from taking over the operations of the institutions.
 
 
“That there be a temporary injunction pending the hearing and determination of this application inter parties restraining the respondents, their agents, employees, servants or any other person or entity claiming through them from dealing in any way whatsoever operations of the applicant and or its properties and conducting any other business in regard to the applicant pursuant to the appointment of the first and second respondents as administrators of the applicant” the judge ruled
 
 
The court has also ordered the application to be served upon the respondents to make their response within 14 days.
 
 
The two institutions through their Lawyer Professor Tom Ojienda moved to court seeking conservatory orders against the respondents claiming the move by the Bank to appoint administrators to take over the operations of the instructions has crippled the operations of the institutions.
 
 
In court documents, Ojienda claims they have been in a long commercial relationship with the bank spanning over a decade and the institution has been taking loans facilities to expand its businesses.
 
 
The institutions claim they have been complying with loan repayment until March 2020 when the covid19 pandemic hit the country.
 
 
“After the pandemic business became low as expected as a result,just like many other businesses,the applicant started to strungle with repayment of its loan facilities,The disputes thus became inevitable” read the suit papers.
 
 
Thika Nursing home claim that they sought to restructure its debts with the Bank, but the challenges persisted due to slow growth in economy occasioned by the pandemic.
 
 
Ojienda says the bank kept on pilling pressure to Thika nursing home by issuing threats meant to paralyse the operations of the institutions which made them move to court.
 
The institution claims he submitted all the demanded documents and even began to repay the loan as per the proposed restructured plan. Between 21 October 2021 and 9th November 2021, they had paid a total of Sh15 Million.
 
 
In April this year, Kiambu chief magistrate court had issued an order restraining the bank from negatively listing the applicants with the credit reference bureau{CRB} an order which was later dismissed for want of jurisdiction by the magistrate court.
 
 
The bank then moved quickly to appoint two businessmen namely Ponangipalli Venkata Ramana and Swaroop Rao Ponangipalli as the administrators on account of three debentures.
 
 

A Sh500million Karen land dispute case pitting British born lawyer Guy Spencer and politician Agnes Kagure on Tuesday failed to commence after the judge said she had official engagement.

Justice Maureen Odero adjourned the case to next year March saying she was out on official duty.

The case was pushed to March 14.

Early November a brother to a deceased Kenyan of British descent, Roger Robson confirmed to the court that the signature on the will by his late brother Roger was in fact that of his late brother 

Michael Robson verified his brothers signature on the will and said that was his brother’s last will and he believed that Guy Spencer was the legal legitimate executor for his brother.

He also denied claims that Sh500 million disputed property in Karen was sold to politician Agnes Kagure.

Michael said his brother- Roger – had owned and lived at Ushirika Road until he was taken to Nairobi West Hospital by Jackson Mulinge on August 5, 2012.

“I disagree that Kagure took over the property when my brother died. My brother was still in possession of the asset in 2012,” he said.

Michael said he is aware that Kagure is laying claim on No95 Ushirika Road on the basis that she purports to have purchased it from Rogers in November 2011 and that she has been in possession since then.

He said Rogers wrote a letter to him on March 31, 2011. There was no indication that he was considering selling the property.

“Roger had informed me on several occasions over some years before his death that fraudsters were attempting to steal his residence by making false claims of ownership but he was being assisted to strenuously resist these fraudulent claims,” Michael said.

The witness confirmed that Roger remained in possession of the land and that he would neither have sold nor entered into any agreement to sell it.

Michael was testifying virtually from the United Kingdom in a case in which British born lawyer Guy Spencer Elm has been accused of forging Rogers (his client’s)will. 

Kagure has been laying claim to the said land.

She alleges to have bought the disputed piece of land from Roger for Sh100 million in 2011 and later accused Spencer of planning to transfer the property to himself and dispose of it.

She accused Elms of forging Roger’s will. The will was signed on March 24, 1997.

Michael told the court he is not a beneficiary of the will and that his relationship with his brother was difficult.

He further mentioned to the court that Plovers’ Haunt limited has always been owned by his family and at no point has it been managed by one Thomas Mutaha or Peter Gaitho.

The two claim to be directors of the company.

But the witness said his late brother would never have entered willingly into any agreement to sell or transfer Plovers’ Huant Limited or any of the assets during his lifetime.
 

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A man has moved to court seeking to have former Inspector of Police and Politician Jimi Wanjigi arrested for being in possession of illegal firearms and ammunitions contrary to his firearms certificate.

Memba Ocharo has filed an application through lawyer Danstan Omari seeking orders compelling Inspector General of Police and Director of Public Prosecutions compelled to immediately arrest and take appropriate action as against Wanjigi.

Ocharo says that sometime in the year 2017 and pursuant to search warrants dated October 17, 2017 Wanjigi’s house in Muthaiga was searched and seven firearms were recovered.

“DCI investigations reveals that Wanjigi was not only in possession of the firearms that were not registered in his name i.e glock pistol UAB 798 & Glock pistol UAB 632 but also that he had four ms that were not recovered namely Ceska pistol among others, “added Ocharo.

The petitioner adds that soon after the recovery of the illegal firearms in the interested party Muthaiga House, he was summoned to attend Nyeri Law Courts on the March 1, 2018 for the purpose of taking plea in criminal caseno.251 of 2018 vide summons dated on February 27,2018.

A petition in which Activist Charles Rubia Waithaka Seeks Removal Of DPP Haji On Accusations Of Misconduct has been refereed to Ombudsman to investigate it.

Rubia says DPP allegedly kicked out competent and long-serving prosecutors and replaced them with novices.

He has written a letter through the office of Musyoki Mogaka Law firm urging the Ombudsman to to probe Haji over the matter.

Waithaka has expressed concern over how the DPP is running the office and allegedly ruining the careers of senior prosecutors, by transferring them to the Attorney General’s office, where they are seconded to do desk work for ministries.

Owner of famous food joints in Nairobi has been charged with obtaining Loan amounting to Sh 520 Million from Victoria Bank with fraudulent  security.

Jayesh Umedal Shanghavi and his co-accused Nina Jayesh Shanghavi  and Good Earth (Group) Limited were charged that on December 23,2018 and November 23,2020 in Nairobi within Nairobi County, by false pretense,and with intent to defraud ,jointly with others not before court, induced Victoria Commercial Bank Limited to execute a First Legal Charge over apartment Number B2 erected on land Reference Number 1870/11/253,Nairobi (Crystal Edge Apartment) to secure the amount of Sh 520,000,000 as a valuable security.

He appeared before magistrate Wendy Nyamu and denied the charges.

Nina Jayesh Shanghavi did not appear in court.

He has been released on Sh 400,000 cash bail or a bond of Sh 1 million.

An Employment and Labor Relations court has stopped Nairobi County from continuing with the intended recruitment of employees and conducting interviews scheduled for November 25,2021 to December.

Judge Stella Chemtai Ruto has suspended the move by the county to recruit staffs pending the hearing and determination of an application filed in court.

“The Respondents are hereby restrained from proceeding with the intended recruitment of employees and from conducting interviews specifically scheduled from 25th November, 2021 to 21st December, 2021,” reads the orders in parts.

The orders were issued after a successful application by two Kenya County Government workers Kennedy Malimo and Amos Otwal who are Assistant fire Officers in Nairobi County through their lawyer Kariuki Karanja against the Nairobi County Government.

Judge Chemtai at the same time directed the Applicant to serve the Application upon the County before close of business on 25th November, 2021.

The workers have contested that Nairobi County is embarking on recruitment contrary to Memorandum of Agreement dated 5th February 2020 between the Workers Union and the Nairobi County.

They added that in the aforesaid agreement, it has been agreed that the Nairobi county would undertake an analysis on promotions, stagnation and right placement.

They added that many workers in the County have worked for decades without job analysis and or promotions.

The workers are calling on the Nairobi County Public service Board to first look inward and audit its workforce/human resource before embarking on an expensive exercise of recruiting and training new staff.

Lawyer Kariuki added that the two applicants have been employees of the Nairobi County and they haven’t been promoted for the last 10years.

“Both Malimo and Otwal are seeking to be enjoined in the Petition, “added Kariuki.

 The matter is scheduled for Mention on Monday 29th November 2021 when the court is expected to issue further directions. The interviews were scheduled to ran from 25th November 2021 to 21st December 2021. The Nairobi county will have to be patient until the court makes determination of the matter.

Kariuki says that Malimo has been an employee of the Nairobi County for more than 30years while Otwal has served the Nairobi County for more than 25 years.

Kenya County Government Workers Union is also an applicant in this matter against the County and its Public Service Boad.The two applicants made an application in the case that had been filed by the union on July 30,2021 and the orders has been granted in that application