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Court

MP Didmas Baraza

Kimilili Member of Parliament Didmus Wekesa Baraza Mutua has been implicated in a fraud case involving a Sh 2 million loan from a businesswoman.

According to sources, Baraza requested the money under the pretext of needing a facilitation fee for a business trip to Malaysia, but allegedly used the funds to purchase a helicopter instead.

The businesswoman reportedly transferred the money to Baraza’s account, but he subsequently avoided her attempts to reclaim the loan.

More details reaching our desk indicates that, Baraza Promised to repay the said amount, which he is yet to full fill.

In response to the situation, activists are planning to stage a peaceful protest at his residence in Karen to compel him pay the debt.

Sources reveals that Didmus Baraza’s wife has tried in some circumstances to convince him pay the debt with no success.

Efforts to reach Didmus on phone for comment was not successful as he refused to reply to receive our phone calls during the time of publishing

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Chief David Nyandoro
  • Chief David Nyandoro

A foreign investor has filed an application in the High Court seeking to have Chief David Nyandoro Lands Register found in contempt of orders that allowed him to be given a title deed for his Muthaiga property worth Sh400 million in Nairobi County.

Eun Yon had sued Jung Won, Chief land Registrar, and the Attorney General on behalf of the Holistic mission for all nations as a trustee

In court papers filed at Milimani High Court, Yon, through his lawyer Lawrence Nyangito, says he first moved to court on October 4, 2023, after the chief land registrar, who is the contemnor, unlawfully detained and declined to release his title deed number Nairobi/Block 189/925 L.R. No. 27/64.

He had sought the conversation process, and immediately after the procedure was concluded, the land registrar declined for no apparent reason to release the applicant’s title deed.

On April 9, 2024, the lawyer says that when the parties appeared before the Honourable Court, the Honourable Attorney General representing the land registrar/contemnor indicated that they did not wish to oppose the applicants’ Notice of Motion dated October 4, 2023, and that further they were agreeable to have the subject property released to his client.

NHIF Scandal Involving Aden Duale, Abdul Galgalo Munishram, Geoffrey Gitau Mwangi, and Wilbert Kiplangat Kurgat

He states that the court granted an order in respect to the Applicant’s Notice of Motion dated October 4, 2023, directing the Chief Land Registrar, the 2nd Respondent herein, to release the Applicant’s title deed Nairobi/Block 189/925 L.R. no. 27/64.

On April 12, 2024, Nyangito says he wrote a letter and attached the court order that he served upon the 2nd respondent/contemnor.

In the said letter, we gave the second respondent/contemnor a timeline of three days to comply with the Honourable Court order.

“Despite doing so and making several follow-ups with the 2nd Respondent/Contemnor, he openly and blatantly rubbished the court orders and refused to abide by and comply as directed,” he argues in court documents.

My client, as a result, has been subjected to great damages, he adds.

Nyangito further says that his client has been subjected to great anxiety and curiosity arising out of the failure of the 2nd respondent/contemnor to release his title deed, and as a result, he has suffered great damages.

“The 2nd respondent/contemnor, who is a senior state officer, should be committed to civil jail since he is not above the law”, he adds.

Milimani Court Cases Daniel Mwangi Mucheru and Elius Kemboi Korir Accused of Bank Fraud and False Pretenses

Nyangito wants the court to further order the seizure and attachment of the 2nd respondent’s properties, and the same be sold to compensate the applicants in terms of damages already suffered arising from his non-compliance with the Honourable Court’s orders.

“Further, upon granting the same, the Honourable Court to proceed and issue an order that the 2nd Respondent/Contemnor is unsuitable and unfit to serve the Government of Kenya in the position of Chief Land Registrar.

Nyangito also wants, upon determining the application, the court to be pleased to order that the contemnor, who is the Chief Land Registrar, be arrested and committed to civil jail for a period not exceeding six months.

The Honourable Court is pleased to further direct that the second respondent’s property be attached and the same be sold to compensate the applicant for damages suffered as a result of the disobedience of the Honourable Court’s order issued on April 11, 2024.

He further wants the court to order and direct that upon the defendant serving civil jail, he is declared unsuitable and unfit to serve in the government service as the Chief Land Registrar. The contempt application hearing is set for June 11 before High Court Judge Angote.

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  • Daniel Mwangi Mucheru and Elius Kemboi Korir

A Nairobi businessman was today arraigned at Milimani Law Courts facing charges of bank fraud contrary to Section 317 of the Penal Code. Daniel Mwangi Mucheru and Elius Kemboi Korir.

Daniel Mwangi Mucheru was charged on April 2, 2020, at an unknown place within the Republic of Kenya, jointly with others, not before the Court conspired to defraud the Guaranty Trust Bank of Ksh 54.7 million.

He faced another charge of stealing Ksh 54.7 million from the said bank on diverse dates between April 2 and May 29, 2020.

Daniel Mwangi Mucheru and Elius Kemboi Korir

Daniel Mwangi Mucheru and Elius Kemboi Korir

Appearing before SPM Benmark Ekhubi, the accused denied the charges and was detained pending bail and bond determination.

In the same court, Elius Kemboi Korir, an NGO ex-official, was charged with obtaining assorted shop goods from Kanduyi Investment Limited valued at Ksh 17.1 million, pretending he was in a position to pay a fact he knew to be false.

He denied the charges and was released on a Ksh 2 million bond with an alternative cash bail of Ksh 500,000.

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Josiah Kariuki

Josiah Kariuki’s Role in the Sh209 Million Fake Fertilizer Case

A Nairobi businessman who allegedly conspired to defraud Kenyans in a $209 million fake fertilizer case was on Monday. Josiah Kariuki, who is said to be the director of Fifty One Capital Limited and SBL Innovate Manufacturers Limited, appeared before principal magistrate Celesa Okore. He denied the charges of conspiracy to defraud, and forgery, among others.

In the first count, he is accused that, jointly with others, not before the court, he conspired with intent to defraud Kenyan farmers, selling a total of 139,688 bags of 25 kg each of amendment and conditioner valued at Sh209,532,000, purporting to be genuine fertilizer, a fact they knew to be false.

He allegedly committed the offense on March 31, 2022, at Kenya National Cereals and Produce Board Headquarters in Nairobi City, within Nairobi County.

In another count, Kariuki was accused that on January 12, 2023, at an unknown place within the country, jointly with others not before the court with intent to deceive Kenya Bureau of Standards Nakuru Region offices, he forged an agreement namely value-adding soil amendment and conditioner to organic fertilizer and animal supplement.

He allegedly purported it to be a genuine, valid agreement signed between SBL Innovate Manufacturers Ltd. and African Diatomite Industries Limited.

He was further charged that on an unknown date at an unknown place, jointly with others not before the court, with an intent to deceive, he made a Kenya Bureau of Standards permit to use standardization mark number 14617 in the name of 51 Capital, African Diatomite Industries K ltd, purporting it to be a genuine permit to use standardization mark issued by the Kenya Bureau of Standards.

The court heard that on January 18, 2023, at KEB offices in Nakuru Township, Nakuru County, they knowingly and fraudulently uttered a forged agreement between African Diatomite Industries Limited and SBL Innovate manufacturers.

Kariuki was also charged that on March 18, 2022, at NCBP Headquarters in Nairobi, they knowingly and fraudulently uttered a forged permit to use the standardization mark number 14617 in the name of Fifty One Capital African Diatomite Industries K Limited to the National Cereals and Produce Board, purporting it to be a genuine one issued by the Kenya Bureau of Standards.

He was also charged alongside companies Fifty-One Capital Limited and SBL Innovate Manufacturers Limited that between January 28, 2023, and March 8, 2024, at an unknown place in the Republic of Kenya, knowingly and with intent to deceive an applied standardization mark for the manufacture of organic fertilizer on goods that failed to meet the requirements of KS 2290:2018 Organic fertilizer specifications.

Kariuki and the companies also knowingly made use of misleading labels for Original Plus Fertilizer on bags containing soil amendment and conditioner between April 21, 2022, and March 8, 2024.

Through his lawyer, the accused pleaded for lenient bond terms and witness statements from the prosecution. The prosecution opposed his release on bail, stating that he was a flight risk. The court will make its ruling on Tuesday on the bail application. In the same case, three NCPB officials have since denied the charges and are out on a Sh1 million cash bail. The officers are,Joseph Muna Kamote, John Kiplangat, and John Mbaya.

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Beatrice Njeri Chege and Joey Maina Motiga

Two suspects were charged before a Kibera Law court, Nairobi in relation to the theft of motorcycles worth Sh. 10 million over a period of one year.
According to the statements and documents filed in court, a leading Kenyan motorcycle supplier distributing a brand identified only as Beth, laid bare detailed a series of events concerning the alleged mismanagement and theft of motorcycles by one of their former female sales agents turned dealers.
In court documents made available to us, it is said the dealer, who now imports bikes branded with her own name, was provided with motorcycles valued at Sh. 10 million between the year 2020 and 2021, under a verbal contractual agreement. The agreement purportedly did involve consignment sales, with proceeds having been agreed to be remitted to the individual’s companies through specified bank accounts upon each sale.

However, suspicions began to arise when one of the company partners began to make visits to the dealer’s outlets confirming the absence of the majority of the motorcycles provided to her, prompting concerns of either unauthorized sales or theft.

Further investigations, including spot checks and soft audits, indicated there did exist a significant discrepancy in the inventory at her premises, suggesting either unreported sales or theft by the dealer. To bolster their findings, the company engaged the services of a fraud examiner who confirmed the company’s fear that the said dealer had sold bikes, and used the money to import her own motorcycles, all in a meticulously planned and elaborate con that would allow her to proceed with her business without making any payments to the company.

Additionally, discussions with one of the local financiers, revealed evidence of sales facilitated by the dealer accompanied by fraudulent invoicing, wherein the dealer allegedly altered invoices bearing the individual’s company letterheads to redirect payments to her own accounts.

Consequently, the company asserts that the dealer may have misled the bank into making payments to her accounts instead of the intended company accounts. Allegedly, upon receiving these funds, she failed to remit them to the rightful company and instead utilized them for her own personal gain.

In connection to this theft, two suspects namely Beatrice Njeri Chege and Joey Maina Motiga, appeared before the Kibera Law courts on April 16, 2024 with the matter being scheduled for another hearing on May 21, 2024.

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Former CS Rashid Echesa through vibrant city Lawyer Danstan Omari has written to the Directorate of Criminal Investigations seeking release from police custody to enable him seek medical attention sating that his health has move from bad to worse.

In a letter to DCI boss Mohamed Amin dated March 29, Echesa through lawyer Danstan Omari said he was on medication at the time of his arrest after being “diagnosed with serious medical condition”.

He said the DCI should direct the Officer Commanding Muthaiga Police Station to allow him hospital visits for review as stipulated in his doctor’s medical report.

“Our client, while honouring lawful summons, was arrested on March 27, 2024, on allegations of self-abduction. He was thereafter detained at Muthaiga Police Station for more than 24 hours, which is against our client’s rights as protected by the constitution,” the letter reads.

It’s copied to the Inspector General of Police.

“At the time of his arrest, our client was undergoing medication for he had previously sought medical advice and had been diagnosed with serious medical conditions,” Omari said.

The former CS is being held by police officers at Muthaiga Police Station.

Omari said other him and lawyer Cliff Ombeta, Echesa has been denied access to his doctors, family and friends.

He further said the continued detention of the former CS will make his health deteriorate adding that any form of justice related to his arrest cannot possibly take precedence over his health.

He added that Echesa should be granted cash bail to attend to medical attention in the coming days and to his full recovery.

The lawyer said Echesa is not a flight risk and is willing to subject himself to a fair process and intends to cooperate with investigations.

“He is a well-known Kenyan Citizen, a former cabinet secretary in this county and has a known place aboard. Going forward, he intends to obey any other summons and give any information as required by investigators in this matter,” Omari said.

He said his client had been detained to help with investigations into claims of abduction.

“We have been allowed to see him. We understand they are investigating claims of extortion and abduction which we don’t know more about,” he said.

“There is no complainant in this case. He is the one who reported the matter in the first place and now he has been reported here.”

Echesa is said to have been picked up from his house in Nairobi on Thursday and taken to Muthaiga police station.

On Thursday at about 4pm, he is said to have been picked from Muthaiga and taken to the Directorate of Criminal Investigations where Omari followed him there.

STORY BY : CLAUSE MASIKA

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James Kireru

A city businessman is on the spot for allegedly using tricks to con over 15 Kenyans and millions of shillings on the ground that he was in a position to help them attend a high-level conference in the United States.

” This is to officially invite the following individuals and team to attend my company’s 2024 Elevating The Employee Experience to be held at the Hilton Denver City Centre 1701 California St.Denver,” read his letter to the victims as it reads in parts.

Kireru is the owner of Human Capital Institute, a company that is at the center of fraud-related cases.

” I gave him more than Sh200,000 for the workshop he promised to deliver, each one of us was told to pay Sh50,000. He has conned us with a lot of money running to millions, we never knew that this was a fraud, ” said one of the complainants.

She said that Kireru, after receiving the said amount, does not pick up their calls or reply to their messages, and has become rude and elusive.

” He is a conman, last week he ran away immediately after he saw us, we want the government to intervene and get him arrested, we shall be making a formal report to the DCI next week,” she added.

Our investigations have indicated that Mr.Kireru survives on these tricks to make ends meet. He had also written some emails to the complainants purporting to be From the US Department of visa Approval.

” Everything was paid for, he requested that we pay him some cash that was to hasten visa applications, which we did, we don’t know whether those emails were from the various US departments of fraud; we want serious investigations into the matter,” another victim added.

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Patel Ravji Lalji

I have bribed the DPP and let them waste their time, Patel Ravji Lalji brags that all criminal cases against him will be dropped. As President William Ruto tries to fight graft in his administration, it appears that some officers from the directorate of criminal investigations are compromised.

This is after businessman Patel Ravji Lalji, an Indian man with multiple cases in several courts in the country, told his confidant that all his criminal cases would be dropped as he had already ” paid” some DPP officials for the same. True to his word, an officer of the DPP forcefully adjourned one of his criminal cases at the Milimani Courts on Monday even as key witnesses were present in court.

” We are not withdrawing this case, it must proceed,”  a magistrate stated. The Dpp quickly rubbished the magistrate’s stand and said that he awaits some senior instructions from his senior on the same. According to Patel Ravji Lalji, a close confidant who wanted his name hidden, Lalji informed him that all the cases would be withdrawn as he had already bought off his justice.

” He confidently told me to accompany him to court as the matter was going to be withdrawn, he said that he had already spent some Millions which he had paid an officer of the DPP for the same and that all his criminal cases were going to be done away with,” he stated.

In one of the cases, the controversial businessman has been charged with falsely obtaining credit worth Sh135 million from two banks. Patel Ravji Lalji was charged before Milimani Chief Magistrate Martha Mutuku, where he denied two counts of charges brought against him.

The court heard that Lalji obtained Sh60 million from Prime Bank on or about November 17, 2011, and charged a title deed in the name of Cadillac Ltd., yet he knew that he had sold the property to Sadat Macharia Muhindi. He and the company are also accused that on or about August 22, 2019, at ASL Credit Limited in Westlands, Nairobi, jointly with others, not before the court, he incurred a debt or liability to ASL by obtaining credit worth Sh75 million.

The court heard that he pretended that the said title deed was legitimate, a fact he knew to be false, having sold the said land. The court ordered the businessman and his company to deposit cash bail of Sh3 million each to secure their release. In another case at the Milimani courts, which is also on the radar of his skewed corrupt withdrawal, he is charged with defrauding Hesbon Omondi.

This is the first case in which the DPP has instructions to strike. For instance; the businessman was charged before a Milimani court with forging the signatures of various Nairobi residents in a land fraud. Patel Ralji was accused of fraudulently forging the signature of Tom Odhiambo on a letter for payment of plot number 209\11309.

He allegedly committed the offense on August 1, 2013, at an unknown place in Nairobi. Ralji faced another charge of fraudulently forging a signature of Amsa Jerotich for the payment of the same plot, purporting it to be genuine on the same dates. He is also alleged to have forged the signatures of Hesbon Omondi and another person for the account sale of the plot between November 15 and December 11, 2013.

The court heard Ralji also allegedly knowingly gave false testimony and presented forged documents touching on matters that were in the material proceedings on March 7, 2019, at the ELC court in Milimani. Ralji denied the charges before senior resident magistrate Caroline Muthoni pleaded for lenient bond terms, and was supplied with witness statements by the prosecution.

He was released on a cash bail of Sh50,000 or a bond of Sh100,000. The case will be mentioned on July 24. In another case at the Kibera Court, the accused person is accused of forging a certain Guardian Bank RTGS application for money transfer, purporting it to have been drawn to pay Hesbon Omondi Sh15M  through his Absa account at Yaya Centre, a fact he knew to be false.

He is said to have committed the offense on December 29, 2016, at an unknown place within the Republic of Kenya. He was charged alongside other criminal counts. The accused person now brags that the DPP is going to with this case too We now wait to see how this bragging will bore any fruits

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Stephen Njoroge Mbugua

Stephen Njoroge Mbugua

A state witness has informed a Nairobi court that the accused, Stephen Njoroge Mbugua, did several transactions after receiving over 16 million in US dollars.

Chief Inspector Benjamin Chelanga, attached to DCI headquarters, who is one of the investigating officers, took Milimani Chief Magistrate Susan Shitubi through several bank documents, which included opening account documents indicating that the complainant operated the bank accounts at the two banks.

In his evidence in chief, the witness told the court that the accused person lied to the complainant, Joseph Gitau, a New York-based auditor, that he was in a position to purchase land at Karen in Nairobi County.

The trial court was also informed that the accused, a real estate agent, was alleged to have contracted chickenpox after receiving more than Sh16 million from a New York-based private auditor.

Stephen Njoroge Mbugua

Stephen Njoroge Mbugua The trial court was also informed that the accused, a real estate agent

Chief Inspector Chelanga also took the court through bank statements showing how money was deposited and withdrawn to pay the accused person by the complainant.

The complainant, a resident in the UK through his lawyer, Robert Asembo, told the court that they communicated using emails, which were also presented before the court by the witness.

Pleading for justice, complainant Gitau had urged the court to legally avenge him since “it has been well over four years since he paid for the land that never existed.”

The accused has since denied defrauding Gitau 16 million by pretending he would sell him half an acre of land in a leafy Karen Estate, near Hillcrest.

In his evidence in chief, Gitau said he wired the money into the accused’s dollar account held at Equity Bank Karen Branch on October 1, 2017.”

“Soon after I transferred the money through New York Bankers, I called Mbugua for him to confirm whether he had received the same in his dollar account, at the Equity Bank, Karen Branch,” Gitau said.

It is on record that Mbugua confirmed receipt of the money after three days, as he had switched off his phone, and then flew to the Philippines for specialized treatment after allegedly contracting chickenpox.

The magistrate heard in mid-2017, that Gitau traveled from New York to Nairobi to be shown by the accused the upmarket property he had bought.

“Mbugua had placed an advertisement. In the advertisement read out to the magistrate, Mbugua alleged there were “half-acre plots lined for sale at Karen Nairobi.”

Chief Inspector Chelanga produced a sale agreement between Gitau and the accused over the sale of the said Karen property.

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The National Social Security Fund is the latest state corporation to be put on the spot over ethnic hiring.

Senators on Tuesday put NSSF chief executive officer David Koross to task over what they termed “perpetuation of the ethnic imbalance at the state corporation”.

This was after it emerged the fund has continued to hire staff from some dominant ethnic communities even though 17 tribes are not represented there.

“Some of the tribes in this country are just outsiders. They are only needed during elections, but they are nowhere in the public service,” Tharaka Nithi Senator Mwenda Gataya said.

Appearing before the Senate Cohesion, Equal Opportunity and Regional Integration Committee, Koross said Kalenjin, Kamba, Luo, Luhya and Kikuyu constitute 73.97 per cent of the workforce at NSSF.

The committee is inquiring into the ethnic and gender composition, and inclusion of people with disability in public service.

Earlier this month, the courts nullified the hiring of revenue service assistants by the Kenya Revenue Authority over ethnic imbalance.

High Court judge William Musyoka ruled that the exercise, which was conducted by KRA last year, was skewed in favour of the Kikuyu and Kalenjin communities to the disadvantage of others.

“A declaration that the June 2023 recruitment of the 1,406 revenue service assistants was unconstitutional, as it offends the preamble of the Constitution and the provisions of Articles 10, 27, 56 and 32 (g)(h)(i) of the Constitution,” the judge said.

In the documents presented by Koross, NSSF has 199 employees from the Kalenjin community, representing 18.24 per cent of the workers, with Kamba coming second with 191.

There are 146 Luos, representing 13.38 per cent of NSSF workforce. Luhyas and Kikuyus workers are 136 and 135, respectively, representing 12.47 per cent and 12.37 per cent.

Out of the 44 ethnic communities in the country, only 27 are represented at NSSF.

Of the 27, five–Bajun, Elmolo, Nubi, Samburu and Suba–each has one representative.

Despite the huge ethnic imbalance, the recent hiring done between December 29, 2023, and March 7, 2024, the corporation has continued to hire staff from the dominant communities.

Out of the 15 employees hired over the period, four are Kalenjin and two each from Kikuyu, Luo and Kisii communities. Turkana, Kamba, Embu and Kenyan Somalia have one person each.

“We hired four Kalenjins between December and March 7, that is last week, when we filed this report,” Koross told the committee.

The revelations triggered massive reactions with the committee members questioning NSSF’s continued hiring of staff from specific communities.
“It is a very sad state of affairs, that you take your child to school, they go to the university, then they fail to get a job in public service because they don’t know anyone there,” Gataya, whose Tharaka community is not represented at NSSF, said.

The legislator said some communities are being treated as voting tools but are sidelined when it comes to hiring in the public service.

“It is no longer a mentality, it is now a fact that if our person is not at the helm [of leadership], then you cannot get a job,” Gataya said.

Nominated Senator Betty Montet asked why the NSSF has continued to hire people from the dominant community despite data showing the huge ethnic imbalance.

“You found the mess there, we agree. But you have continued to do the same. You have hired more Kalenjins than others,” Montet said.

Koross told the committee NSSF has been struggling to get qualified staff, but the argument was dismissed.

“Yes, we need technical staff, but NSSF is not that technical that you cannot get someone from Kwale,” nominated Senator Raphael Chimera said.

The team directed Koross to bridge the ethnic gap in the ongoing recruitment of at least 300 staff.

In its latest compliance report, the Public Service Commission revealed that Kikuyu and Kalenjin are grossly overrepresented in government.

The two communities have held the presidency since Independence.

In the report, the committee indicted the offices of Deputy President Rigathi Gachagua and Prime Cabinet Secretary Musalia Mudavadi and Cabinet secretaries for perpetuating imbalance through noncompetitive recruitment.

The PSC cited the recent hiring of 250 advisers and personal staff by advisers and personal staff by Gachagua and Cabinet secretaries.

The Anthony Muchiri-led commission said in the report-now tabled in Parliament-that political appointments further entrenched the disparities.

“The noncompetitive appointments seemed to have compounded the problem of overrepresentation of some communities, which are already overrepresented in the service,” the commission said.

At least 250 officers were appointed as personal staff in the Office of the Deputy President and advisers to Cabinet secretaries without competitive recruitment.

The commission said noncompetitive hiring is wrong and should only be allowed for marginalised groups.

“All public organisations need to comply with the requirement of fair competition and merit in making appointments, except in instances where underrepresentation is being addressed,” the report reads in part.

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