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Emurua Dikirr MP Johanna Ng’eno Released on Sh1 million Cash Bail in Hate Speech Case

by Mustafa Juma
written by Mustafa Juma

Emurua Dikirr MP Johanna Ng’eno has been  released on Sh1 million cash bail with an alternative Sh2 million bond in hate speech case against him.

Ng’eno found himself on the wrong end of an angry populous over his recent remarks touching on President Uhuru Kenyatta’s family.

The Emuria Dikirr MP found himself in police custody on September 6, over his remarks, with the legislator a common visitor at his local police stations.

He was released by Nakuru Chief Magistrate, Elizabeth Usui.

The MP was on arrested on Monday and was on Tuesday charged with two counts of hate speech and offensive conduct.

Ng’eno who was charged during a virtual hearing was accused of using abusive language on September 6 at Junction area, Olgos Sofia village.

The case will be mentioned on October 12.

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Crime & Investigations

Journalists Milton Were, Jack Okinyi Appears Before DCI Again Over KURA Scandal Expose

by Mustafa Juma
written by Mustafa Juma

Online Journalists Milton Were and  Jack Okinyi  are this morning appearing before the Directorate of Criminal Investigations (DCI) over an expose that detailed and uncovered alleged corruption at Kenya Rural Roads Authority (KURA).

The expose also unmasked various stalled road construction projects in the Nairobi metropolitan area granted to a company connected to an MP from Mandera County.

The two are currently at DCI headquarters along Kiambu road.

The two were last month abducted and tortured by officers from the Special Crimes Unit. They were however, later freed after spending over 24 hours in custody.

The two were later taken to Kibera Courts by where the Director of Public Prosecution declined to approve extortion charges. They resorted to attempting Publishing fake information charges under the Computer Misuse and Cybercrimes Law.

They were finally released after 24 hours in custody, but police retained their laptops and mobile phones. Until now now, their gadgets have not yet been handed over to them.

They are however, set to know if they will get back their gadgets or not, since the DPP already rejected the charges that had been leveled against them.

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Crime & Investigations

EACC Officers Raid Kemsa Offices, All Staff Locked Inside

by Mustafa Juma
written by Mustafa Juma

Officers from the Ethics and Anti-corruption Commission (EACC) are currently raiding Kenya Medical Supplies Authority (Kemsa) offices along commercial street in Industrial area, Nairobi.

According to sources who spoke to this writer, the officers are taking away computers.

The sources also revealed that all staff at Kemsa have been locked inside as the operation goes on.

The officers are following up on the Kemsa scandal that saw billions of shillings disappear in the hands of rogue suppliers.

KEMSA is under fire over allegations government officials and businessmen pilfered Ksh 4 billion  in public money earmarked for medical equipment needed in the fight against coronavirus.

President Uhuru Kenyatta had instructed the anti-corruption commission to expedite its investigation into KEMSA, which is responsible for supplying Kenya’s overwhelmed hospitals treating coronavirus patients. KEMSA’s CEO and other top officials have been stood down.

President Kenyatta also said the health ministry had 30 days to develop a “transparent” system so that KEMSA’s procurement processes could be published online.

“This level of transparency and through the use of technology, will go a very along way in ensuring that we have the confidence of our people that those placed in institutions are able to manage the resources of the Kenyan taxpayer plus our development partners in an open and transparent manner,” the president said in a statement.

The KEMSA scandal came after Kenyan investigators vowed a separate inquiry into the alleged theft of PPE supplies donated by Chinese billionaire and Alibaba founder Jack Ma.

The allegations of graft and misappropriation surfaced as new infections of Covid-19 soared across Kenya, though numbers have dipped in recent weeks.

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Crime & InvestigationsPolitics

Governor Sonko Ordered to Appear in Court to Plead Afresh to New Corruption Charges

by Mustafa Juma
written by Mustafa Juma

Nairobi County governor Mike Mbuvi Sonko has been directed to appear in court to plead afresh to new corruption charges.

Chief Magistrate Douglas Ogoti on Monday September 7, 2020 ordered the embattled County chief to present himself  in court on Monday next week.

Ogoti’s order comes after Director of Public Prosecutions Noordin Haji amended the Ksh 357 million graft case facing Sonko.

A new charge of abuse of office was introduced in the amended charge sheet. The DPP said they will not be offering plea bargaining at this stage. Twenty witnesses have been lined up to testify in the case.

Ogoti said the case will be heard on a day to day basis. No applications or adjournment will be entertained during the hearing.

The prosecution has been told to supply a schedule of chronology in which they will call their witnesses.

The case will be allocated five hours on a daily basis with the hearing starting next Monday when a plea is taken.

Last week, Ogoti had encouraged parties in the Sh357 million corruption case involving Sonko to consider plea bargaining.

He said he always tells parties in corruption cases to seek plea bargaining before the case proceeds to full hearing.

However, the prosecution told the court that they had not offered a plea bargain to Sonko and his co-accused because the defence had not approached them.

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Crime & Investigations

Lari MP Jonah Mburu Arrested Over Embezzlement of Ksh27 M CDF Funds

by Mustafa Juma
written by Mustafa Juma

Lari MP Jonah Mburu Mwangi has been arrested.

The lawmaker was arrested on Friday September 4, 2020 alongside five other individuals.

Their arrest came shortly after the Director of Public Prosecutions (DPP) Noordin Haji approved the prosecution of the Lari MP and members of Lari Constituency Development Fund in respect of embezzlement of Ksh 27 million from the CDF kitty.

The DPP in a statement issued on Friday September 4, 2020 said that the lawmaker alongside other CDF officials directly and indirectly received Ksh 27,200, 375 in conflict of interest between the financial year 2017/2018, from businesses that traded with Lari NG-CDF.

The Lari CDF officials are Ayaan Mahadhi who is the funds account manager, Peter Mugo Mwangi who is the chairman Lari NG-CDF, Francis Gachoka Kamuyu who is the clerk of works in Lari, Paul Nyanjui Mucheru and Grace Muthoni Macharia.

According to DPP Haji, the companies used to trade with Lari Constituency NG-CDF are Claymug General Suppliers, Kienjeku textiles and Uniforms General Suppliers, Rumuli Limited, Ndemeki Limited, Kimondo and Sons General Suppliers among others.

The suspects are currently being held at Ethics and Anti-Corruption (EACC) headquarters. It is not yet known whether the MP will spend his weekend in police custody, or will be later in the day released awaiting his arraignment.

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BusinessCrime & Investigations

Transport CAS Reveals How Kenya Lost Jack Ma’s Covid-19 Donations

by Mustafa Juma
written by Mustafa Juma

Transport CAS Chris Obure has clarified how Kenya lost Covid-19 donations made by Chinese businessman Jack Ma.

Appearing before the National Assembly Health Committee on Thursday, September 3, 2020, Obure noted that 21 packages of assorted medical supplies did not reach Nairobi from Ethiopia. 

He said that five other consignments were received and stored in Kenya Medical Supplies Agency warehouses in Nairobi. 

“We received what we received in the manner in which it was packaged and dispatched from the source (Jack Ma Foundation (China). Am not aware if there was any repackaging in Addis Ababa.

“The 21 packages were missing after we verified with the parking documents from China. We realized that 21 packages were short delivered, I assure you we will continue to pursue the matter with the Ministry of Health to ensure they are delivered,” Obure stated.

According to Obure, MoH had reached out to Ethiopian authorities who were investigating the matter.

The CAS nonetheless distanced himself and his ministry from the scandal which saw President Uhuru Kenyatta issue two directives to investigating agencies and Health CS Mutahi Kagwe.

Earlier reports alleged that the Jack Ma donations were stolen and sold to MoH at inflated prices. 

President Kenyatta ordered the Directorate of Criminal Investigation and the Ethics and Anti Corruption Commission to table a report on the KEMSA scandal in 30 days. Kagwe was also given 21 days to table his report.

On Wednesday, officials from the Ministry of Transport were hard-pressed to explain the ministry’s role in the clearing of Jack Ma Foundation donations that arrived in the country in March.

Obure, found it hard to convince the committee as he was accused of lacking facts regarding the clearing of the consignment.

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Crime & Investigations

Covid-19 Scandal: Sabina Chege Sends Away Top Transport Officials During Probe

by Mustafa Juma
written by Mustafa Juma

Top Transport ministry officials were on Wednesday September 2, 2020 sent away by National Assembly committee on health, saying the team was unprepared to respond to its questions.

The Sabina Chege-chaired committee said the Transport ministry officials who appeared before them were not adequately prepared.

The Transport ministry was represented by Health CAS Chris Obure during the afternoon session.

He appeared before the committee to explain the ministry’s role in the clearing of Jack Ma Foundation donations.

Obure had told the committee that all the donations were cleared exclusively by the government clearing agency.

“The document before us from the ministry is not well prepared. We need to compare what was donated, what was received and what actually ended up in the warehouse,” Chege said.

The Health committee probing the loss of Covid-19 funds demanded written submissions.

Cherangany MP Joshua Kutuny said the ministry is not prepared to face them in regards to the questions they have.

“…when we have people come here with half baked information, it causes tension,” he said.

“I will appeal that any institution invited here, if they are not prepared, they need to go back. I know you are experienced, you should not panic.”

Kutuny said the public should be fed with enough information on the investigations.

“I want to appeal to the government that they fine tune their communication,” he said.

Chege asked Obure to go and prepare himself and come back with facts.

“If we have this gaps you will keep Kenyans guessing. We will see you tomorrow at 9:30am on Thursday,” she said.

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Crime & Investigations

Obado Freed on Cash Bail, Barred From Accessing Office

by Mustafa Juma
written by Mustafa Juma

Migori County Governor Okoth Obado has been released on a Ksh8.7 million cash bail or Ksh20 million bond in Ksh73.4 million graft case.

Chief Magistrate Lawrence Mugambi on Monday August 31, 2020 ordered that Obado be barred from accessing Migori County office until the case is concluded.

He directed that the governor be escorted to pick his belongings.

Obado was arrested alongside his four children on August 26 after surrendering to the Ethics and Anti-Corruption Commission (EACC) offices in Kisii for questioning over the alleged embezzlement of public funds.

The accused denied all the counts of graft at the Migori county government on Friday when they were arraigned.

In today’s bail ruling, Obado and his children were ordered to deposit their passports in court.

While approving the arrest and prosecution of the suspects last week, the Director of Public Prosecutions (DPP) Noordin Haji said the county chief irregularly received the money through his children from companies trading with the county.

This, according to Haji, happened between 2013/14 and 2016/17 financial years.

Investigations also showed that the companies belonged to persons closely related to Obado.

The companies are; Misoft Company Limited, Tarchdog Printers, Deltrack ICT services, Seletrack Consultants, Mactebac Contractors, Joyush Business, Swyfcon Engineering, Atinus Services, Kajulu business, Victorious Investment, Dolphins Softwares, Dankey Press and Pesulus Services.

The business proprietors are his three brothers: Jared Peter Kwaga, Patroba Ochanda and Joram Opala. The others were his mother, Penina Auma Otago and his sisters-in-law Christine Akinyi and Carolyne Onyango.

An audit trail showed that Ksh38.9 million was wired to his three children; Dan Okoth, Jerry Okoth, and Susan Okoth.

This money was used to pay for their school fees and daily upkeep. Some was also used to purchase two Toyota Land Cruiser V8.

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Sirisia MP John Waluke
Crime & Investigations

Drama as Waluke’s Two Lawyers Clash During Bail Hearing, Thrown Out of Court

by Mustafa Juma
written by Mustafa Juma

Drama ensued on Thursday August 13, 2020 after two lawyers representing Sirisia MP John Waluke clashed in Court during his bail hearing.

This forced the judge to adjourn Waluke’s bail hearing to Monday August 17, after the lawyers clashed in court over who was better placed to represent the jailed lawmaker.

Waluke, who was sentenced to 67 years in jail over Ksh 300 million maize scandal, followed the cases virtually from Industrial Area Prison.

His lawyers, Elijah Ongoya and Evans Ondieki, differed on who the MP had directed to argue the bail hearing in court.

“I was appointed by Waluke himself. That is why I have put a short supplementary submission through more documents to Director of Public Prosecutions Noordin Haji,” Ondieki stated while appearing before Justice John Onyiego.

On the other hand, Ongoya argued that he was not aware of the new documents tabled before DPP, adding that Waluke directed him to argue the MP’s case too.

Ongoya asked the court to disregard the new documents furnished by lawyer Ondieki. The attorney added that Waluke was in a position that did not call for more frustrations of the case.

“I am embarrassed at the development because I had strict instructions to represent Waluke. He is keen to have the court hear and determine the application,” Ongoya stated.

Ondieki’s efforts to represent Waluke backfired after the court was informed that Waluke was to be represented by Ongoya and another attorney, Sam Nyaberi. 

The judge did not listen to either party and threw them out of court to sort their confusion.

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Crime & Investigations

Kisumu OCS Arrested For Stealing 72 Bottles of Vodka

by Mustafa Juma
written by Mustafa Juma

Boya police station OCS and four other junior police officers have been arrested for stealing alcohol in Kisumu.

The five are being held at Kisumu Central police station on allegations of looting alcohol from a vehicle that had been involved in an accident.

Nyando police boss Leonard Matete who led the operation confirmed that they got complaints from the crew of the ill-fated vehicle that police officers had looted the alcohol the vehicle was ferrying.

Matete says he responded and after a search in the OCS house at the Boya police station they recovered 72 bottles of white pearl vodka.

He says the OCS  William Cheruiyot, other junior officers including corporal Jane Chepkemei, police constables Bernard Macharia, Samuel Maina and Rodrick Laushuset are all being held by the DCI officers in Kisumu.

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Crime & Investigations

47-Year-Old Nairobi Man Selling Counterfeit Medicines Arrested

by Mustafa Juma
written by Mustafa Juma

Detectives from Directorate of Criminal Investigations (DCI) based in Kilimani have arrested a Nairobi man that has been trading in counterfeit medicines.

The sleuths who were accompanied by Pharmacy and Poisons board officers, and acting on a tip off from members of the public on Friday evening nabbed a 47 year old man namely Peter Cummings Thatia, a trader in counterfeit medicine within Hurlingham in Nairobi County.

Counterfeit ViagraPro capsules, two polythene bags containing a white powdery substance, a capsule filler machine, advertising fliers together with Motor Vehicle Registration number KCK 442A, a Nissan Note that the suspect was driving were recovered and retained as exhibits.

Mr Thatia is in custody awaiting arraignment for the offence of unlawfully manufacturing and selling in the course of trade in counterfeit medicines contrary to The Anti-Counterfeit Act No. 13 of 2008.

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Crime & Investigations

Suspect killed, Another Injured After They Attacked Two Police Officers in Lamu

by Mustafa Juma
written by Mustafa Juma

One person has been killed, with another one left injured after they were suspected to have attacked two police officers in Lamu County.

According to an update posted by Citizen TV on Friday August 7, 2020, the police officers are said to have been attacked at Pate Island in Lamu East.

The Lamu County Commissioner said that one of the attacked police officers is currently nursing injuries.

This is however not the first time police officers are being attacked in the Coastal region County.

Just last month, a police officer was hacked to death at night by a gang of panga-wielding thugs in Tchundwa village in Lamu.

Constable Rodgers Odhiambo, who was attached to the Tchundwa police post in Lamu East, was accosted as he walked out of a shop in the village at around 8.30pm.

The attack was not however, the first one.

In October last year, a similar incident was witnessed in the area.

The incident was confirmed by Lamu county commissioner Irungu Macharia, who said the officer suffered cut wounds to his forehead, neck and limbs.

The officer who was in civilian clothes and unarmed as he was not on duty at the time is believed to have bled to death.

Hesborn Okemwa, who was attached to the same post, was lured to his death by an unknown gang on October 2, 2019.

His badly mutilated body was recovered several meters inside a mangrove forest in Kizingitini on October 5.

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Crime & InvestigationsLatest News

Ex-Kiambu Governor Waititu Accused of Grabbing a Street in Nairobi CBD

by Mustafa Juma
written by Mustafa Juma

Former Kiambu County governor Ferdinand Waititu is yet again on the spotlight for allegedly grabbing one of the streets in Nairobi CBD.

Waititu is alleged to have grabbed an area along Titar Lane that joins Tubman road and Biashara street.

Controversial blogger Robert Alai on Thursday August 6, 2020 shared the photos of the allegedly grabbed area, calling on the Nairobi Metropolitan Service (NMS) to intervene.

Alai further revealed how Waititu has constructed a concrete staircase and put up a gate to block the public from using the lane.

Alai also alleged that Waititu has grabbed the area to serve his newly opened Salehe hotel.

“Former governor Waititu has apparently grabbed this area. This is Titar Lane that joins Tubman rd and Biashara st. He has constructed a concrete staircase and put up a gate to serve his newly opened Salehe hotel. Therefore blocking it to public use,” Alai posted.

This is not however, the first time Waititu is finding himself in such scandals.

In 2019, the former County boss was accused of using his office position to take land away from a widow.

Investigations revealed that a prime property belonging to Ms Cecilia Mbugua was fraudulently transferred to Ms Esther Nyatu through the office of the governor and the Waititu himself.

Commission on Administrative Justice (CAJ) Chairperson Florence Kajuju handed over title deeds back to Ms Mbugua following an admission by Waititu of his role in taking away the land worth Sh100 million.

The commission’s investigations revealed that two properties – Thika Municipality/BlockXI/877 and Thika Municipality/BlockXI/878 – belonging to Ms Mbugua, were transferred to Ms Nyatu, in a process facilitated by Waititu.

The investigation followed a complaint filed with the commission on March 5, 2019.

Kiambu County land officials revealed that Mr Waititu facilitated the transfer and provided all the required documents.

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Crime & Investigations

DCI Sleuths Arrest Notorious Robbery With Violence Suspect in Nakuru

by Mustafa Juma
written by Mustafa Juma

Directorate of Criminal Investigations (DCI) detectives based in Nakuru have arrested a notorious robbery with violence suspect namely.

The 52 year-old James Maina Njuguna has been nabbed from his hideout in Eastmore area and is believed to be the Mastermind behind a series of robberies that have been reported in the area.

Identity (ID) cards bearing different names, two driving licences, a Civilian Firearm Certificate bearing another person’s name, assorted electronic gadgets among other items that were recovered from his hideout have been retained as exhibits pending his arraignment.

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Crime & Investigations

Tangatanga MP Didmus Barasa in Yet Another Criminal Puzzle

by Mustafa Juma
written by Mustafa Juma

Kimilili MP Didmus Barasa has again been caught in another criminal puzzle. Last week, the MP moved to court trying to stop arrest over a sale of a matatu to a one Irungu Mwangi.

In court papers filed through Khaminwa and company advocates, the MP prays that the court admits Barasa to reasonable bail terms pending the investigations and arrest by officers under inspector general.

According to sources, Barasa in 2016 sold a matatu plying on Nairobi -Kitengela route to Irungu. By then, the MP was out to get money to help his campaign for Kimilili seat then held by Suleiman Murunga.

Then, Barasa had taken a loan from Rafiki Micro Finance Ltd and the vehicle sale value was Sh700,000.

It is said, Barasa did not disclose dealings with Rafiki as the matatu was the security in the procurement of the loan. Barasa was to clear Sh187,000 balance to Rafiki Ltd in the deal according to documents.

Irungu who bought the vehicle via an agent was to pay Sh200,000 to the microfinance and have Sh500,000 paid to his account to release the logbook. By then, the MP had three matatus operating on the Kitengela route.

Last year Barasa faced a bankruptcy suit after failing to pay Sh4.2 million owed to a car dealer. Smart Cars Limited and Car city Limited claimed the MP failed to pay the outstanding balance for a personal Toyota Land Cruiser purchased in 2017.

The car cost was Sh11.7 million. The MP was also to be caught in a circus over the purchase of sofa sets for his house.

He failed to honour payments after paying a deposit. Family members say the MP is a poor debt payer, and before being elected, rent arrears had accumulated to hundreds of thousands

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Sirisia MP John Waluke
Crime & Investigations

Sirisia MP John Waluke Released on Bond

by Mustafa Juma
written by Mustafa Juma

Convicted Sirisia MP John Waluke has been released on bond.

The High Court on Wednesday July 22, 2020 released the lawmaker on bond pending his bail application hearing on August 7.  

While issuing the directive Justice John Onyiego asked the Director of Public Prosecutions (DPP) Noordin Haji to file a response and gave each party three days to avail and exchange documents before the hearing date.

However, the judge declined to release his co-accused Grace Wakhungu on medical grounds, pending the hearing of her bail application.

Justice Onyiego directed that she presents her case on August 7 during the hearing of the bail application.

 In the petition, Waluke, through his lawyers Cliff Ombeta, Evans Ondieki, Danstan Omari and Sam Nyaberi argued that the trial magistrate, Elizabeth Juma erred in law and fact by convicting him on the basis of a defective charge sheet.

The defence lawyers argued that the trial court misdirected itself as to the applicable law based on the set of facts adduced by the Prosecution to the prejudice of the MP and his co-accused.

They said that the Subordinate Court failed to appreciate that critical witnesses were never called to testify in the case.

They accused the trial court of failing to exercise independence and impartiality because the prosecution’s case was full of contradictions and inconsistencies.

He said that the Subordinate Court applied double standards since the money to pay the supplier was not sufficient and two other firms failed to service the contract. 

The  defence lawyers also said that the court failed to appreciate that there were material contradictions and inconsistencies between the witnesses that ought to have been resolved in favour of the appellants.

Waluke and co-accused Grace Wakhungu were fined Sh2.1 billion fine for defrauding the National Cereals and Produce Board of Sh313 million.  

Wakhungu was sentenced to 69 years in jail with an option of Sh1.1 billion fine alongside her co-director Waluke, who was jailed for 67 years or a fine of Sh1 billion

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