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A company director has appeared in court and pleaded not guilty to Sh 3M fraud.

Samuel Githendu Mbogo and his company Golden Bridge Agencies Limited was charged with conspiracy to defraud against the law.

They were charged that on November 19, 2020 in Nairobi City within Nairobi County, in the republic of Kenya, jointly with another before court conspired to defraud Duncan Rodney Roger one of the directors of Legal Converge Limited USD 30,000 by falsely pretending that you were in a position to secure a Financial Instrument valued not less than USD 100,000,000.

 They were charged in a second count with obtaining money by false pretense against the law.

Githendu was charged that on November 19, 2020 in Nairobi City within Nairobi, with intent to defraud jointly with others not before the court, obtained USD 30,000 from Duncan Rodney Roger one of the directors of Legal Converge Limited USD 30,000 by falsely pretending that you were in a position to secure a Financial Instrument valued not less than USD 100,000,000.

He pleaded not guilty before magistrate Susan Shitubi and was released on Sh 1M Cash bail or a bond of Sh 2M.

A Nairobi court has discharged Three land registrars charged alongside former National Lands Commission (NLC) chairman Mohammed Swazuri over Sh 100M Graft claims.
The three Caroline Nabalago, Peter Nganga and Gladys Mwikali were set free yesterday after the court allowed an application by Director of Public Prosecutions (DPP) Noordin Haji to withdraw the charges against them. At the same court soon after the ruling, Certified Fraud Examiner Omar Dambi appeared before the court to produce his evidence in the case.

He provided electronic certificates that were signed and prepared by the National Bank of Kenya showing the accounts and statements that NLC opened with them.

“I witnessed when NLC opened the accounts with the National Bank of Kenya,”added Omar.

He also presented bank statements to the court.
The three had requested the DPP to review the case against them. In a letter, they provided a detailed explanation of the roles ordinarily undertaken by the registrars in the process of land administration, compulsory acquisition, and compensation.
Their explanation had not been initially to the state at the time of making a decision to charge them.
Their explanation on the roles played necessitated a review of the case against them.
The DPP added that upon independent review of the explanation tendered by the three alongside the evidence available against them, he arrived at a determination that it is in the interest of justice that all the charges against them be withdrawn.
“The three proposed to present themselves as prosecution witnesses in this case and the proposal is being considered in light of the stage of the trial and the need to ensure no prejudice is occasioned on any of the others withdrawn ,”the DPP  had said in their application to withdraw the charges. The state said that their application was guided and informed by the public interest of this case, the interest of administration of justice and the need to prevent abuse of the legal process.
The application had been filed on January 31,2022  through an affidavit by Wesley Nyamache Prosecution counsel in the office of the DPP who said that the applicants had moved to court on August 21,2021 seeking to withdraw charges against them.
He added that on August  20,2021 the court ruled that the DPP is at liberty to provide the reasons why the applicants are seeking the withdrawal of charges to enable the court to make a ruling.

Three land registrars who were charged alongside former National Lands Commission (NLC) chairman Mohammed 

Anti-corruption Chief Magistrate Lawrence Mugambi  ordered that the cash bail and passports that were deposited by the accused be released to them.

Their defense lawyer Levi Munyeri said he will pursue the matter to ensure his clients are reinstated to work.

Mohammed Abdala Swazuri is facing charges  in an Anti-corruption Commission court with conspiracy to commit an offence of corruption, namely fraud, thereby causing a loss of public funds belonging to Kenya Railways Corporation amounting to Kshs. 221,375,000/= for compensation for acquisition of L.R. Nos. 9084, 9085, 9086, 9087 and 9088 being public land.

Appearing before Anti- Corruption Senior Principal Magistrate Lawrence Mugambi, Prof. Swazuri was faced with six counts of abuse of office which is contrary to Section 46 as read with Section 48 of the Anti-corruption And Economic Crimes Act, no. 3 of 2003 and one alternative charge related to the breach of trust contrary to Section 127 (1) as read with Section 127 (2) of the Penal Code.The case is ongoing

Labour Court through Justice Monica Mbaru has ordered Governor Charity Ngilu, County Service Board Secretary, CEC Health and CO Health of Kitui County to appear in court PERSONALLY on October 14, 2021 to show cause why they should not be punished by court for failing to pay Doctors their salaries and dues as ordered by Court on 5/10/2021.

Kitui Doctors have not been paid their salaries and other dues since July 2021. Through Lawyer Henry Kurauka, the Doctors’ Union, KMPDU urged the court to deny the respondents audience and applied for warrants of arrest for disobeying court orders.

Three former G4S employees have been awarded over 10.M as terminal dues and compensation for unlawful termination.

 Lady Justice Hellen Wasilwa has ruled against the company and ordered it to pay Sarah Adhiambo,a National Sales Manager, former G4sTelephone Manager Caroline Wangari and Martin Mwangi over unlawful redundancy and termination of their jobs.

The three employees through lawyer Cynthia Kwamboka Onyancha had taken the company to court in the year 2017 contesting that they were never notified that their employment would be terminated. “We are seeking a declaration that the act of G4s of terminating my client’s employment on grounds of redundancy was not procedural, illegal and is unlawful,” said lawyer Ms.

 Onyancha in court.Ms. Onyancha wanted the court to grant them 12 months compensation for unlawful termination among other payments. “G4s has failed to show that they adhered to the provisions of section 40 of Employment Act, which mandates employers to give notice to the employees on the intended redundancy,“ruled Wasilwa.

The judge added that there is no evidence that there were also consultations between the former employees and the company before the said redundancy. She ruled that the minutes of the meetings that are alleged to have had taken place were not produced in court by G4s and therefore the court was unable to deduce whether there was any discussion on redundancy.

Adhiambo has been awarded Sh 4.2Million, Wangari Sh3.1Million and Mwangi Sh 3.3Million. The amount is inclusive of 10 months compensation damages for unfair redundancy, unlawful termination, salary of failure to give notice and cost of the petition among other payments.

The three had filed an application being represented by lawyer Cynthia Kwamboka in the year 2017.

 They were also seeking compensation for unlawful termination of the employment and 12 months compensation for unlawful termination.

Adhiambo testified that she was employed on February 6, 2006as a National Sales Manager while Wangari was employed in 1995 as a telephone operator and later as a strategic accountant. Ms.Adhiambo had informed the court that at the time of her termination her salary was Sh 417,620 while Wangari’s was Sh 288,000.

“I did not receive the letter dated February 6, 2016 and the letter dated December 1, 2016 did not mention my name or that of Wangari,”Adhiambo told the court.

According to the complainants there was no mention of redundancy in all the meetings they attended.

 Adhiambo said that she was issued with a redundancy letter on January 16, 2017 after she went back to work from leave which was the same time she was issued with a notice of redundancy.

She said that in the new structure, their roles were missing and the explanation given by G4s Company was that the organization was considering lowering their roles.

“My appointment letter provided that I was to be given 3months termination notice but I was never issued with such notice, “he added.

The Company through its HR manager Teya Sitimah testified that they had meetings on November 24, 25 and November 28, 2016 in which they discussed redundancy in the sales division.“In the meetings we shared with the claimants the then structure and proposed structures, “he added.

They added that the notice to the labor office dated December 1,2016 was posted on even day and was received on December 15,2016 bearing the stamps and the claimants allegation that the notice was never issued is without  basis.

He added that they employees were paid their redundancy paying full and they had admitted to having received their payments.

 “The termination was substantively and not procedural fair because it complied with the law, “he added.G4S officials added that the claimants were terminated as per their contracts of payments and have been paid their redundancy dues.