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Busia senator Okiya Omtatah has filed a petition of habeas corpus before the Kibera High Court seeking the production of Kibet Bull and five others in court.

The application which is filed under a certificate of urgency is seeking the court’s intervention to issue an order to the Inspector General of Police, Director of Criminal Investigations (DCI) and the Director of Public Prosecution to produce the abductees in court.

Accompanied by his two lawyers Felix Keaton and Philip Langat at a press conference in Milimani law courts, they are seeking the production in court of Gideon Kibet aka Kibet Bull, Ronny Kiplagat, Steve Kavingo Mbisi, Billy Mwangi, Peter Muteti, Bernard Kavuli and Kelvin Muthoni.

Alternatively, he wants the immediate release of the seven abductees from detention.

The senator said that Kibet was the recent abductee on December 24, 2024, while leaving his office.

Omtata said that these growing cases of abduction represent an alarming trend of enforced disappearance of youths opposing the government in the country which is against the law,

“The increasing cases of abduction is alarming and it is against the rights and fundamental freedoms enriched by the constitution, 2010,” he said.

He said that Bull visited his office to introduce himself with the aim of exploring how to join his team since he support what he does before his scheduled travel on Friday, December 27, 2024, to Israel to join Tel Aviv University.

Kibet informed him that he is a strong supporter of his work and he had travelled to Nairobi from Nakuru that morning and told him that he would be staying at his brother’s place in Kikuyu before leaving the country.

As soon as he arrived at his office, Omtata’s security team informed him that they monitored a white Subaru Forester vehicle registration number KCG 089A which was parked opposite his office and it was mounted with suspected FlexiSpy communication gadgets on its roof which are used to intercept phone communication.

The security team noted that the vehicle had four occupants, three men and a lady who never disembark for the entire time it was there and its engine kept running all through.

It left there shortly after Kibet had left.

The senator said that the registration details of the said Subaru were fake,

“The details that popped from NTSA indicated that the vehicle was a white Station Wagon belonging to Catherine Kalaju,” he said.

The senator believes that the white Subaru Forester mounted with suspected Flexispy communication gadgets on its roof belongs to the Directorate of Criminal Investigations DCI which owns similar vehicles and that it was trailing Kibet.

He demands Mohammed Ibrahim Amin the Director of Criminal Investigations, and Douglas Kanja the Inspector General of police service to come clean on abduction cases and unconditionally release Kibet immediately, 

“I also demand they take similar action to the abduction of the other six,” Omtata added.

Otherwise, the two should resign from office if they genuinely don’t know who is conducting the abductions and disappearance of the youths since it is a clear indication of their incompetency to hold their offices,

“Let them resign because they have miserably failed in their mandates to protect Kenyans from enforced disappearance which are gross violation of the rule of law and have no place in Kenya today,” the senator said.

Omtata further indicated that the acts of enforced disappearance are criminal acts under international law where Kenya has signed the International Convention of the Protection of all Persons against enforced disappearance.

Harambee Co-operative and Savings Credit Society Limited has suffered a major blow in their bid to assert the transfer over a disputed parcel of land in Nairobi.

The said parcels LR NO. Nairobi Block 82/4915 and LR NO. Nairobi Block 82/4915 originated from a larger parcel of land Green Field Site and Service Scheme which was registered in the name of Harambee Co-operative and Savings Credit Society Limited (HCSCSL) and subdivided to its members.

The two plots were sold to Nashon Wanjir Otieno who was a member of the society and is now deceased, where he formally introduced Maresia Akeyo Obara who is the plaintiff in the suit as the purchaser and the new owner of the properties and instructed them to transfer the same in her favour.

In her case, Akeyo being the rightful owner of the properties claims that her rights of ownership were infringed through fraudulent transactions by (HCSCSL) where they transferred them in favour of Mild Steel Engineering Workshop Limited whose director is Mellitus Oluoch.

Akeyo filed a suit before the Environment and Lands Court in Nairobi where she accused HCSCSL of gross negligence in the aforementioned transfer seeking a declaration that she is the lawful owner of the properties and an order directing the Co-operative Society to transfer the properties in her favour.

In her statement, she stated that as of March 1996, the deceased owned the Co-operative Society Limited Ksh 174,000 which was to be paid before acquiring full ownership of the properties and being able to sell them.

Initially, the decision was to sell the two plots to Mild Steel Engineering Work, but the sale was not complete because they paid Jim a deposit of Ksh 24,000 and refused to pay the bill, insisting they could only pay the balance if HCSuld processed the certificates of titles in their name.

The owner cancelled the sale for that reason and declared to sell the plots to the willing buyer who would pay the purchase price immediately.

They settled on Ksh 404,000 as purchase price for the two plots of which she paid a deposit of Ksh 174,000 and the remainder in two tranches. 

She told the court that ” I was aware that the deceased refunded the Ksh 24,000 to the second respondent which was paid him on signing the sale agreement dated December 15, 1995.”

She bought the two plots and was introduced to the HCSCSL offices, introduced her and gave them a copy of a sale agreement that both parties had signed.

Nashon, the deceased, also wrote to the first defendant on April 2, 1996, seeking information about the two parcels of land for her husband, who was working at the Kenya Embassy in Egypt. He (the first defendant) acknowledged the information.

It was not until 2004 that the plaintiff realized that she was pursuing the title of the same parcels of land with Mild Steel Engineering Workshop in the collision of some officers from HCSCSL.

Mild Steel Engineering Workshop whose director is Mellitus Oluoch, second and third respondents respectively alleged that he paid the deceased Sh 216,000 on May 20, 1996, but the same was disputed by the applicant citing that he could not have received the said sum as the second defendant received a cheque of Ksh 17,000 on May 31, 1996, as a refund of deposit.

In determining the matter Justice Lucy Mbugua said “I have found the plaintiff has proved her case on a balance of probabilities and therefore a declaration is hereby issued to the effect that the plaintiff is the rightful owner of the properties LR No Nairobi 82/4915 and Nairobi Block 82/4918.”

She also issued orders of cancellation of the title deed issued to the Mild Steel Engineering Workshop Limited in respect of the said parcels of land.

An injunction order was further issued restraining the defendants, their servants or agents from transferring, occupying or in any other manner howsoever interfering with the said properties.

A rogue pastor from Kiambu county has been charged in a Nairobi court with obtaining Ksh 16 million by false pretences.

Joseph Kabuya Thinwa from Turnpoint Church Riabai chapel in Kiambu appeared before the Milimani senior principal magistrate Dolphina Alego facing the charge of obtaining money by false pretences contrary to section 313 of the Penal Code.

The prosecution told the court that on diverse dates between February 1, and August 31, 2021at Silverline Motors Kenya Limited offices within Nairobi county jointly with others who were not in court, with intent to defraud obtained Sh 16,168,750 from Silverline Motors Company Limited by falsely pretending he was in a position to import motor vehicles for clients a fact he knew to be false.

In the second count, the court was told that Thinwa being the employee of Silverline Motors Company Limited as import manager, stole the said money from the company which came to his possession by virtue of his employment.

He denied the charges levelled against him by the prosecution.

State prosecutor James Gachoka did not oppose his release on bond but prayed for stringent terms because the accused has other similar cases in the same court where he is out on bond,

“Your honour I pray this court to put stringent terms while releasing the accused person since he has other three similar matters pending in this court where he is out on bond,” Gachoka prayed.

His lawyer urged the court to dismiss the prayers by the prosecution citing that bail is a constitutional right which is given to make sure the accused appears in court for trials.

He admitted the fact that his client has other three matters pending in court but he told the court that he has not absconded in the matters,

“Your honour despite my client having other similar matters before this court, the state counsel did not prove that he has absconded,” he said.

In her brief ruling, the magistrate released him on a bond of Sh 1 million with a surety of a similar amount or alternative cash bail of Sh 500,000 with a contact person.

The magistrate further ordered the accused person to deposit his passport in court.

The matter will be mentioned on February 5, 2025, for pre-trial and directions.

Preliminary Investigations have disclosed that Thinwa is a serial fraudster where our research led to Kiambu magistrate court where he has another matter of fraud pending and is out on bond.

According to the documents seen by our reporter, Thinwa is charged with obtaining money by false pretences contrary to the law.

He was charged that on diverse dates between October 28, 2022, and February 14, 2023, obtained Sh 1,225,000 from Ian Mwenda Micheni by falsely pretending he was in a position to import a motor vehicle made X-Trail, black in colour a fact he knew was false.

He is out in bond in the matter.

Two brothers were set to stand on their defence after the court’s ruling they have a case to answer for forging documents to falsify themselves as the rightful executors of the estate of a deceased person.

When they appeared before the Milimani law court magistrate Susan Shitubi for the ruling in the matter, Kuldip Madan Sapra and Ashman Madan Mohan were found to have a case to answer,

“After analysing the testimony presented before this court, and using the discretion of the court, I have considered that both accused persons have a case to answer,” the magistrate ruled.

The prosecution closed their case in the matter after calling more than ten witnesses who testified against them.

The duo were jointly charged with forging   Form S 38 (r.26 (2)) consent to the making of a grant of administration intestate to the person of equal or lesser priority in the matter of the estate of the late Yogaish Madan Mohan Sapra, purporting it to be a genuine document signed by Dr Nisa Sapra.

They faced a second charge of uttering a false document contrary to section 353 of the Penal Code.

On January 12, 2011, at the Family Division Registry in the High Court of Kenya Milimani, in Nairobi within Nairobi county, knowingly and fraudulently they uttered a document namely Form S 38 (r.26 (2)) consent to the making of a grant of administration intestate to person of equal or lesser priority to the Deputy Registrar of the High Court Family Division honourable Mrs E Ominde.

They were also accused of false swearing in the matter of the estate of their late brother Yogaish Madan Mohan Sapra before the then High Court judge Justice Isaack Lenaola petitioned the High Court for grant of letters of administration in the estate of the said late Yogaish who died on September 5, 2005.

In the last count, they were charged with attempting to obtain properties not entitled to them by false pretences contrary to the law.

The duo were charged that on diverse dates between November 23, 2010, and May 25, 2011, with intent to defraud, they attempted to acquire from Nisha Ranjendhra Kumar Pruthi his properties illegally.

They wanted to acquire a hectare land parcel at Lower Kabete reference number 2591/443, a house in Lower Kabete in plot reference No 2591/195, a house in Brookside Gardens on land parcel reference No 7158/38, an apartment in Nyali Estate in Mombasa next to Tamarind restaurant, 4036 shares of Kenya Airways Limited, Mt Kenya Sundries Retail Shop at the former Hilton Hotel in Nairobi Central Business District, Maya Free Duty Shops at the Jomo Kenyatta International Airport, Sapra Investment Limited and Green Gems Limited all valued at Sh 700 million.

They falsely pretended that they were the bona fide administrators of the estate of their late brother Yogaish Madan Mohan Sapra.

They will be put on their defence on February 25, 2025.

The court has accepted the plea by the Director of Criminal Investigations (DCI) to go ahead and conduct investigations against Tatu City on suspicion of money laundering and tax evasion offences.

In consideration of the application filed by the DCI, Kahawa principal magistrate Gideon Kiage found that it was merited since the applicant not only demonstrated reasonable suspicions but also showed that the enquiries sought were necessary to aid Investigations.

The DCI had filed an application before the Kahawa Magistrate’s court seeking an order for a warrant to investigate the documents held by Tatu City and ten other companies to obtain and carry on information which will be relied on as exhibit on the documents in question.

The investigators intended to advance Investigations on the allegations of forgery, illegal dilution of shares, assets, stripping, tax evasion and money laundering committed by the directors of Tatu City Limited and Kofinaf Company Limited and their associate companies.

The applicant contends that the documents brought by their application contain crucial information indicating that the respondents have been conducting transactions by receiving money from sales of various parcels of land belonging to Tatu City Limited and Kofinaf Company Limited and their directors have been in the course of transactions conspired with government officials from the Ministry of Lands to undervalue the parcels of land.

They indicate that the undervaluing was done in a bid to evade the correct payment of stamp duty where the directors of the two companies conspired with certain advocates to move the proceeds from the sale of the parcels of land to offshore bank accounts.

The respondents had filed their application through an affidavit sworn by James Marumi who is their lead counsel urging the court to dismiss the application by the DCI citing that they sought several warrants to investigate and seize privileged documents belonging to the respondents’ entities without disclosing who the complainants were.

Marumi indicated that the application did not disclose who the complainants are and it might have been filed to abuse the criminal system with ulterior motives to achieve other collateral purposes for the benefit of the undisclosed third parties.

He stated that the respondents were not served with the court order and they were not aware of the Investigations that were conducted against them.

The lawyer affirms that the DCI does not have the powers to investigate crimes under the Procedure Act, proceeds of Crime and Anti-money Laundering Act and Ethics and Anti-Corruption Act.

He indicated that “the application lacked necessary evidence to justify the intrusive orders based on speculative claims rather than concrete facts.”

The application of that nature which was brought under section 118 of the Criminal Procedure Code and section 180 of the Evidence Act, he affirms that it must be supported by reasonable grounds and clear evidence.

In dismissing the application, Kahawa principal magistrate Gideon Kiage stated that “the application herein is an attempt to re-litigate the application by the applicant which by law is canvassed ex-parte and that it is brought without legal foundation and I dismiss it accordingly.”

An international investor who intended to invest in a real estate business in Nairobi is lamenting after the loss of more than Sh 500 million in a bid to invest after he was defrauded by an Egyptian national.

According to our sources, the investor wanted to invest in a company that purported to sell luxurious residential and commercial properties known as Grand  Premier Apartment through AAD Real Estate situated in Lavington.

The investor trusted an Egyptian national Waseem Ahmed Ahmed Elsaei who is working in Kenya through the said Company where he had promised to hand over both the residential and commercial properties by December 2023 but to date, the projects remain a ghost town and he has failed to produce sufficient reasons.

The international investors were informed by Waseem there are ways to avoid full payment of taxes in Kenya that and that is evidenced by documents under key and lock.

Upon the client’s refusal to commit tax fraud, Waseem turned wild and refused to refund the monies he obtained.

The matter was filed in court through counsel Danstan Omari seeking the court’s intervention to freeze the accounts in a bid to salvage the investor’s hard-earned money.

Upon verifying the grounds, the court granted orders to freeze the accounts which are in the process of ensuring compliance.

The matter will be mentioned in January 2025 for further directions.

Fohow Global a leader in Traditional Chinese Medicine held its first anniversary in Nairobi on Sunday to expand the natural medication use in Kenya.

Its theme “A Year of Gratitude” reflected a celebration of achievements, resilience and community impact marking its first anniversary in the country symbolizing appreciation for partners and the local community who have embraced Fohow’s mission of health and wealth creation.

The milestone celebration took place at County Hall in Nairobi which brought together stakeholders, partners and enthusiasts of natural health and wellness.

During the event, its vice president Jiao Peng highlighted Fohow’s adoption of Multi-Level Marketing (MLM) which empowers partners to receive health and wealth creation.

He explained how this approaches the integration principles of Traditional Chinese Medicine with sustainable business opportunities allowing individuals to build networks that promote natural health products while fostering financial independence.

Kenya Fohow Chief Executive Officer Christine Wahu said that she focuses on expanding the company’s presence in Kenya to reach both the urban and rural areas,

“My vision goes beyond promoting the health benefits of Fohow’s natural supplements and I am focusing on providing income generating opportunities for new partners,” she said.

She said that the expansion strategy promotes wellness through the products and seeks to empower individuals economically by creating a sustainable business model that benefits both personal health and local economies.

In his part, Peter Li Fohow’s Group Africa manager said that the products help people build a good system to prevent illness,

“We had a grand opening of our company in Kenya last year and we now have over 50,000 Members in the country and our products have become so popular,” Peter said.

It has expanded its presence internationally offering a variety of products aimed at promoting health, vitality and wellness to improve immunity and overall well-being.

The organization was founded in 1995 specializing in natural health products derived from TCM principles including herbal supplements and other wellness solutions.

The government has suffered a major blow after the High Court suspended the implementation and operation of the directives given by the president compelling the government institutions to compulsory onboard and migrate to e-citizen services.

On releasing the orders, the High Court judge Justice Bahati Mwamuye stated that a “conservatory order is hereby be and is hereby issued suspending the implementation and operation of the directives issued by the president of the Republic of Kenya on November 28, 2024.”

The petition which was filed under the certificate of urgency by Kituo cha Sheria was supported by the affidavit of Hillary Mokaya who is the first petitioner seeking orders restraining the implementation of the directive issued by the president until the matter is heard and determined.

They sued the Attorney General, Cabinet Secretary of National Treasury and Economic Planning and Principal Secretary of Immigration and Citizen Services.

On the said dates, President William Ruto issued directives to all Chief Executive Officers of various institutions to onboard on the e-citizen payment platform within a period of one week.

The directives were issued during the first anniversary of the e-citizen Directorate at the Kenya Intervention Convention Center KICC indicating that failure to comply would result in all CEOs losing their jobs.

In his speech, the president criticized the decision by the CEOs to bypass the e-citizen platforms and use alternative payment methods which he claimed to undermine accountability and facilitate corruption.

The president alleged that the heads of those institutions were being dodgy by his directive aimed at enhancing transparency and accountability in government operations by ensuring all services and revenue payments are processed through the e-citizen platforms.

The applicant indicated that the president in this country has a history of CEOs being arbitrarily fired since the tenure of the first president and this has continued through successive administrations undermining the security of tenure and the principles of fair administrative actions.

The petitioners are complaining about the unlawful acts and omission by the respondents by issuing illegal directives that compel the interested parties to be onboarded on the e-citizen payment platforms.

The respondents are accused of acting beyond the bounds of the law and also issuing unlawful directives without legal proper authority or in a manner inconsistent with statutory requirements.

The president issued and imposed a one-week deadline for compliance which is unreasonable and unlawful and stated that the directives were issued without inviting the public to submit their views about the matter before making such directives.

He threatened the CEOs with job loss for non-compliance which constitutes an abuse of power and undermining the tenure of public officers.

The applicants urged the court to intervene and issue the status quo “pending further orders of the court or the hearing of the petition.

The matter was scheduled for mention on January 31, 2025, for the highlight of the written submissions.

The owner of Embakasi gas plant which exploded killing 10 people jointly with his employee has been charged in a Nairobi court with manslaughter.

While facing with ten counts of manslaughter, Derrick Kimathi Nyamu who was the owner of Maxxis Energy Limited and his employee Stephen Kilonzo Mutie denied the charges before the Milimani principal magistrate Gilbert Shikwe.

In the first count, the duo were charged that on the night of February 1 and 2, 2024, at Mradi sub-county in Embakasi  within Nairobi county jointly with others who were not in court by unlawful act caused the death of Evans Oduor.

The prosecution told the court that the accused person’s unlawful act of refilling gas cylinder without a license from NEMA caused the deaths of the said 10 people after the explosion.

The massive explosion also caused damages running in to tens of millions on vehicles and buildings and leaving more than 300 casualties.

The prosecution did not oppose their release on bond but urged the court to consider the weighty of the matter.

Their defence lawyers led by Wandungi Kirathe and Ndegwa Njiru pleaded with the court for leniency on giving bond terms telling the court to consider that the the accused currently  are jobless,

“Your honour I pray for lenient bond terms to be granted to the accused persons considering that the business which belonged to Kimathi was gutted down by fire where they lost everything,” Wandungi submitted.

The lawyer further told the court that Kilonzo was the employee and he also lost his employment.

Ndegwa added that the accused persons are victims of circumstances and prayed the court to consider the same while releasing them.

He urged the court to maintain the initial cash bail of Sh 500,000 which was granted by court while the Investigation was carried out,

“Your honour the accused persons have been out on cash bail of Sh 500,000 each and I would request this court to maintain the same terms considering they have been cooperative with investigators,” Ndegwa prayed.

They were released on bond of Sh 3 million with a surety of similar amount or alternative cash bail of Sh 1 million with two contact persons each.

The matter will be mentioned on January 29, 2025 for pre-trial.

The High Court has issued a stay order restraining the arrest or charging of city lawyer Salim Ali Mwatumbo who is allegedly accused of defrauding a parcel of land worth Sh 110 million.

Mwatumbo did not appear in court for plea taking following the order of the same court issued on Wednesday wanting him to appear in court yesterday to take a plea.

His lawyer told the Milimani senior principal magistrate Benmark Ekhubi that the suspect was still admitted to Luton Hospital and could not appear in court,

“Your honour my client is not present in court and I inform this court that he is still admitted in hospital,” the lawyer submitted.

The lawyer also produced the High Court order before the court restraining the prosecution or arrest of the suspect for 12 days until the matter is heard and determined.

In the order, Justice Wendy Kagendo ordered that “in the meantime the respondents whether themselves, their officers, agents or any other person whatsoever acting on their behalf or their instructions are hereby temporarily restrained for 12 days from arresting.”

Justice Kagendo directed the matter to be mentioned on December 13, 2024, at the High Court for further directions.

The prosecution led by Virginia Kariuki prayed to the court to differ the plea awaiting the directions of the High Court.

Mwatumbo is accused of conspiracy to commit a felony contrary to section 393 of the Penal Code.

He was accused that on or before November 5, 2011, at an unknown place within the republic of Kenya jointly with another already in court conspired to defraud the late Modhihiri Mohamed Modhihiri of a property LR No 36/VII/465 measuring approximately 0.2085 by falsely drawing forged indenture conveyance purportedly registered under-representation number 477 of 8/12/2011 under volume N 44 folio 14/4 file 13552 a fact he knew to be false.

The property which is located in Eastleigh Nairobi within Nairobi county valued at Sh 110 million.

In his ruling, the magistrate directed the matter to be mentioned on December 17, 2024, for directions.