President Donald Trump’s administration has unveiled a controversial plan that could siphon nearly Sh17 billion annually from money sent home by Kenyans living and working in the United States, raising concerns about the impact on families who depend on these vital financial lifelines.
A draft bill proposed by House Republicans, officially titled the “One Great and Beautiful Tax Bill,” seeks to impose a 5 percent excise tax on all remittances sent by immigrant workers in the US, including green card holders and those with temporary work visas.
American citizens would be exempt from the tax.
More than 100,000 Kenyans working in the US collectively sent home $2.63 billion (approximately Sh339.17 billion) in 2024, accounting for over half of Kenya’s total remittance inflows.
If implemented, the proposed tax would redirect about $131.46 million (Sh16.96 billion) annually to the US government.
The newest Central Bank of Kenya data shows that diaspora remittances have continued to grow, with Kenyans abroad sending home $1.23 billion (Ksh159.5 billion) in just the first quarter of 2025.
The United States remains the largest source, accounting for 53 percent of all remittances to Kenya.
According to the Central Bank of Kenya, remittance inflows for the 12 months to March 2025 increased by 13.5 percent to $4.972 billion, compared to $4.380 billion in the same period in 2024.
These funds have become increasingly critical to Kenya’s economy.
“These inflows continue to support the current account and the foreign exchange market,” the CBK stated in its latest report.
On a global scale, the World Bank estimates that remittances sent to home countries in 2023 totaled approximately $656 billion, with diaspora remittances now significantly overtaking other types of external financial flows to low and middle-income countries.
The bill, tabled on May 12, 2025, goes beyond just taxing remittances.
Donald Trump
It also aims to prevent “taxpayer-funded benefits from indirectly aiding undocumented immigrants” by restricting eligibility for public benefits and tax credits to individuals with verified Social Security numbers.
Additionally, it seeks to eliminate access to Obamacare and Medicare premium tax credits for undocumented immigrants.
Dr. Shem Ochuodho, global chairman of the Kenya Diaspora Alliance (KDA), has condemned the proposal as “unfortunate and discriminatory.”
“It is unfortunate and discriminatory. I haven’t heard anywhere where this happens,” Ochuodho told a local newspaper. “Five percent is quite high. It will go against the spirit of the UN Global Compact on Migration.”
The proposal directly contradicts United Nations objectives that aim to make it easier and less expensive for migrants to send money to their home countries.
The UN has specifically advocated for “faster, safer, and cheaper remittance transfers” to support sustainable development across nations.
International tax experts have raised concerns that the bill violates fundamental principles of taxation by targeting the amount of money transferred rather than the service fee.
“It does not seem to go with the economic principle of taxation because you are literally taking money as a good yet it is the service that you should be taxing,” explained Hadijah Nannyomo, a partner for international trade and indirect taxes at EY.
Nannyomo pointed out that the discriminatory nature of the tax creates loopholes, as people might start using US citizens as intermediaries to avoid the tax.
The legislation is moving quickly through Congress. The House aims to pass the bill by May 26, 2025 Memorial Day with the president’s final signature expected on Independence Day, July 4, 2025.
Under the proposal, remittance service providers would be required to withhold the 5 percent tax on money transfers sent abroad unless the sender can prove US citizenship or legal status.
The collected funds will be submitted to the US Treasury.
The impact could be significant for Kenyan families who rely on these funds for essential needs.
Previous research, including a 2021 Central Bank of Kenya survey, found that remittances primarily support families in purchasing food, household goods, medical bills, and school fees.
The proposed tax also raises concerns about Kenya’s currency stability.
Remittance inflows have been instrumental in easing pressure on the Kenyan shilling by supporting the supply side of dollars against import demands.
Any reduction in these inflows could potentially destabilize the exchange rate, affecting not just recipients of remittances but the broader Kenyan economy.
The news has rattled immigrant communities across the United States, especially Africans whose home nations depend heavily on remittances to shore up their economies.
This would represent a significant policy reversal, as remittances have historically not been taxed in the US.
Critics argue that the measure unfairly targets immigrant communities that contribute significantly to both the US and their home countries’ economies, potentially creating far-reaching economic consequences for developing nations like Kenya.
Naivas Supermarket has strongly refuted allegations of selling expired products and has implied that Nairobi County officials may be attempting to extort bribes from the retail chain under the guise of health inspections.
In a strongly-worded press release issued today in Nairobi, the supermarket chain categorically denied claims that expired products were found on their shelves during recent inspections by the Nairobi County Assembly Health Committee.
“No expired products have been found on our shelves, and we maintain stringent internal quality control and stock management systems across all our branches to ensure product safety and compliance with health regulations,” the statement read.
The controversy comes after Health Committee Chairperson Maurice Ochieng claimed that an inspection at Naivas’ Moi Avenue branch had uncovered expired products that posed health risks to consumers.
In what appears to be a direct accusation of corruption, Naivas stated: “Naivas has a very strict anti-bribery and corruption policy and will not submit to extortionary tactics.” This statement suggests the retailer believes the allegations may be motivated by attempts to solicit bribes.
The supermarket chain also clarified that contrary to rumors circulating on social media, none of its branches have been closed by any regulatory or health authority.
“All our stores remain fully operational and compliant with all national and county-level standards set by the Kenya Bureau of Standards (KEBS), the Ministry of Health, and relevant bodies,” the company affirmed.
The dispute has attracted attention from senior political figures, with Hon. Moses Kuria publicly criticizing county governments on social media: “We will not create jobs when County Governments wake up and close Naivas and Carrefour arbitrarily. You don’t attract investors by acting whimsical.”
Naivas, which has operated in Kenya for over 30 years, indicated it is seeking legal advice regarding potential action against individuals or organizations spreading what it terms “false, misleading, and potentially harmful” information about its operations.
This incident highlights ongoing tensions between businesses and county regulatory bodies in Nairobi under Governor Johnson Sakaja’s administration, with businesses increasingly vocal about what they perceive as harassment and extortion attempts disguised as regulatory enforcement.
In a landmark diplomatic engagement, Finnish President Alexander Stubb has identified Kenya as a key architect in reshaping the emerging world order during his unprecedented three-day state visit to the East African nation.
Speaking about his motivations for the visit, President Stubb expressed surprise that despite six decades of positive bilateral relations, no Finnish head of state had previously made an official trip to Kenya.
“First, there has never been a state visit by a Finnish President, which I was quite baffled about because we do have good relations for over 60 years and we’ve been quite close countries,” Stubb remarked.
Kenya Among “Swing States” in Global Power Shift
In a public lecture at the University of Nairobi that coincided with the completion of his new book, “The Triangle of Power – Rebalancing the New World Order,” Stubb specifically named Kenya, Nigeria, and South Africa as African nations best positioned to shape the future global landscape.
“It is the Global South that will decide how the new world order will look like. In Africa, Kenya, Nigeria and South Africa will play a key role, in Asia, India, Indonesia and Saudi Arabia will take up that task which will also see Argentina, Brazil and Mexico fill that role for Latin America,” he said.
The Finnish leader, a seasoned international relations scholar and former Prime Minister, emphasized that this visit offered him an opportunity to gain insights into the shifting global power dynamics where Kenya holds significant influence.
“I think we are witnessing a change of the world order, a similar moment that leaders of 1918, 1945, 1960s, 1989 [faced],” Stubb observed.
“I do think that Kenya is going to be one of the swing states deciding which direction the world is going to tilt, and I wanted to come here and learn.”
Support for UN Security Council Reform
President Stubb expressed strong support for President William Ruto’s efforts to increase African representation at the United Nations Security Council, arguing that global governance structures must evolve to reflect contemporary realities.
“The UN, which is the most important and impactful institution in the world must change its power structures. It is unacceptable to have the UN Security Council remain as it is; created in the image of the victors of World War II. More countries must be represented at the Security Council,” he stated.
During his address, Stubb highlighted the unique geopolitical advantage held by the 120 countries comprising the Global South.
Unlike nations definitively aligned with either the U.S.-led West or the China/Russia-led East, these countries possess greater flexibility in their international partnerships.
“The global south has the power to push for multipolar transactional deals or multilateralism, and for the latter to work, the multilateral institutions have to change,” he explained.
Demographic Advantage and Strategic Partnerships
The Finnish President pointed to powerful demographic trends that will enhance Africa and Asia’s global influence, with their populations expected to reach four and five billion respectively by the century’s end.
However, he cautioned that Global South nations must carefully navigate relationships with major powers.
“I believe the solution is having a multi-vectoral foreign policy where States cooperate with many different countries and luckily, the global south has the agency and power to make that decision. A country can have Russia, the US and China in their corner to help it in infrastructure projects and this is a plus,” he advised.
Stubb outlined three possible trajectories for global order: increased regionalism, a 19th-century-style concert of powers with defined spheres of influence, or renewed multilateral cooperation—which he identified as the optimal path forward.
President William Ruto hosted Finland’s Alexander Stubb Hosted and his spouse Suzanne Innes-Stubb for State Banquet, State House, Nairobi.
President Stubb and his spouse, Suzanne Innes-Stubb, were welcomed by Deputy President Kithure Kindiki upon their arrival.
The visit included meetings with President William Ruto and Nairobi Governor Johnson Sakaja, marking a significant step in strengthening bilateral relations at a pivotal moment of global realignment.
The Kenya Revenue Authority (KRA) has uncovered a massive tax fraud operation that has been costing the government at least Sh2.5 billion monthly in lost revenue, following an extensive internal audit that has led to the removal of hundreds of staff members from their positions.
In one of the most significant purges in the tax authority’s history, KRA has removed 475 officials—representing 74 percent of the team that handled VAT claims registration applications—from their roles in approving applications for value added tax (VAT) refunds.
The move comes after investigators identified 4,434 traders linked to fraudulent schemes designed to milk the tax system through fictitious transactions.
The “Missing Trader Scheme”
The audit revealed that hundreds of firms created fake transactions through what is known as the “Missing Trader Scheme,” allowing fraudsters to claim VAT refunds on goods and services where no actual trade occurred.
Only 170 officials out of the initial 645 now handle VAT claims as the taxman tightens controls on the compromised system.
“The authority to approve VAT obligation applications has been significantly restricted,” stated KRA in an internal confidential report.
“This measure is designed to improve oversight and reduce opportunities for fraudulent registrations.”
In this sophisticated fraud scheme, companies simulate genuine trading processes using multiple registered business names while meeting the legal requirements of a ‘supply’ for tax purposes.
However, no actual goods or services are provided, though “payments” are processed to create a notional cost of goods sold, which is then used to claim VAT refunds.
Staggering Losses Uncovered
The taxman estimates that the fraudulent VAT scheme costs approximately Sh2.5 billion in revenue monthly, amounting to Sh30 billion annually.
The losses are even higher when considering invoices filed for income tax purposes.
The audit identified 2,080 traders who sent invoices totaling Sh19.69 billion with VAT implications of Sh2.94 billion but have filed nil or no VAT returns since July 2024.
Meanwhile, beneficiaries claimed purchases worth Sh13.64 billion, resulting in a potential VAT loss of Sh2.14 billion.
Additionally, 2,345 taxpayers filed VAT returns between January and March 2025 but failed to remit VAT payments, with the outstanding amount from these taxpayers standing at Sh2.54 billion from July 2024 to March 2025.
High-Profile Sectors Implicated
The investigation further exposed suspected VAT evasion schemes among sugar importers and suppliers of Kenya Power, with some traders reportedly sending threats to KRA officers to “keep off.”
“One specific group of companies has an outstanding tax of Sh1.1 billion unpaid to date,” the report noted.
“Efforts to collect the amount have elicited threats and innuendos, clearly demonstrative of the lack of commitment to comply with the law.”
Impact on National Revenue
The fraud scheme’s impact has been significant on national revenues. VAT collections fell by 4.3 percent in the six months to December 2024—the first such drop since the Covid-19 pandemic.
Combined collections from both local and import VAT fell to Sh304.1 billion from Sh317.8 billion during the same period in 2023, according to Treasury data.
However, in January 2025, following initial reform efforts, the KRA collected a record Sh34.552 billion in VAT, surpassing previous monthly records.
This improvement has been attributed to the implementation of VAT auto-population of returns, which streamlined the filing process and boosted compliance.
Countermeasures Implemented
To combat the fraud, KRA has implemented several measures:
– Enhanced physical verification checks and more rigorous taxpayer due diligence
– Placement of suspected “missing traders” in a “special table” to disrupt fraudulent activities
– Targeted bulk deregistration of 20,981 inactive taxpayers identified among approximately 90,127 existing VAT obligation cases
– Restricted approval authority for VAT obligation applications
The Treasury now targets collecting an additional Sh177 billion in the new financial year by sealing these revenue leaks.
NAIROBI, May 9, 2025 – In a surprising turn of events, Professor Bitange Ndemo has turned down the Vice Chancellor position at the University of Nairobi, throwing Kenya’s premier university into further disarray.
Ndemo, currently serving as Kenya’s Ambassador to Belgium and the European Union, cited “irregularities in the appointment process” as his reason for withdrawing.
His decision came shortly after receiving congratulatory messages on social media following his apparent selection.
“I want to dissociate myself from this unprocedural process and have withdrawn my candidacy,” Ndemo stated in a public announcement that has sent shockwaves through academic circles.
The rejection marks yet another setback in what has become a revolving door of leadership at the institution.
For nearly two years, the university has struggled with leadership stability, cycling through multiple acting vice chancellors.
The turmoil began during Professor Stephen Kiama’s controversial tenure, which ended with his suspension in August 2024 and eventual dismissal the following month.
University of Nairobi.
Since then, the university has seen three different acting vice chancellors: Professor Ayub Njoroge Gitau in April 2024, Professor Margaret Jesang Hutchinson from August 2024 until last week, and now Professor Francis Mulaa, who will continue in the role following Ndemo’s withdrawal.
A Senate investigation launched last December has been examining governance issues at the university, including the handling of Kiama’s dismissal.
Meanwhile, the Universities Academic Staff Union has accused the University Council of deliberately destabilizing the institution, even threatening strike action last year.
Financial irregularities have further complicated matters, raising serious questions about the university’s administrative practices.
As Professor Mulaa continues in the acting role, the search for permanent leadership at Kenya’s oldest university remains an ongoing challenge, with concerns mounting about its stability and future direction.
In a major crackdown on performance-enhancing substances in Kenya’s renowned athletic training centers, authorities have arrested an Indian national allegedly operating a sophisticated doping network targeting elite runners.
Malik Aman was apprehended on May 5, 2025, in Iten, Elgeyo Marakwet County, following a coordinated operation between the Anti-Doping Agency of Kenya (ADAK) and detectives from the Directorate of Criminal Investigations (DCI).
The arrest comes after authorities placed the suspect under surveillance based on intelligence suggesting his involvement in distributing prohibited substances to athletes.
During the raid on Aman’s premises, investigators discovered and seized what ADAK described as “a range of prohibited substances banned under the World Anti-Doping Agency (WADA) Code.”
These included human growth hormone (HGH), meldonium, and mannitol—all substances commonly associated with performance enhancement and prohibited in competitive sports.
The presence of intravenous equipment, including used and unused IV bags, syringes, and needles, further reinforced suspicions of organized doping practices.
According to DCI reports, anti-narcotics detectives executed a search warrant granted by an Iten court, allowing them to inventory and seize pharmaceutical products from the suspect’s residence.
Aman was initially taken into custody but has since been released on cash bail pending forensic examination of the seized substances at the government chemist.
Iten, along with Eldoret, Kaptagat, and Kapsabet, has long been recognized internationally as a premier training destination for long-distance runners due to its high altitude.
These regions regularly host athletes from various countries seeking to improve their performance through altitude training.
“ADAK is greatly concerned with the presence and circulation of prohibited substances within the town,” stated ADAK Chief Executive Officer Peninah Wahome. “Prohibited substances are not only illegal in sports but also a danger to athletes’ health.”
Investigations are ongoing to establish the full scope of the operation, including potential networks, clients, and violations of Kenya’s Anti-Doping Law and international anti-doping regulations.
The case has been formally reported at Iten Police Station as authorities continue their unrelenting efforts to combat doping in sports throughout the country.
The Teachers Service Commission (TSC) is seeking to fill 2,014 vacancies left by teachers who exited service through natural attrition across public primary, junior, and secondary schools.
In a statement issued on its website, the Commission disclosed that the vacancies include 1,309 positions for primary schools, 32 for junior schools, and 673 for secondary schools.
TSC said the new hires will be employed on permanent and pensionable terms, with preference given to applicants who have not previously worked for the Commission.
The commission noted that manual applications will not be accepted and urged interested candidates are required to submit their applications online through the TSC website by Monday, 19th May 2025.
“Interested and qualified candidates should submit their applications online through the Teachers Service Commission’s website, www.tsc.go.ke under ‘Careers’ or teachersonline.tsc.go.ke not later than Monday, 19th May 2025 Midnight,” stated TSC.
“Shortlisted candidates will be required to present original academic and professional certificates. Successful candidates must not fill more than one Application for Employment Form. Filling of two or more Application for Employment Forms will lead to disqualification.”
Additionally, the applicants must be Kenyan citizens, registered with the TSC, and possess a P1 certificate for primary level or a diploma in education for junior and secondary levels.
TSC further issued a caution against fraudsters, warning applicants not to pay for the recruitment process.
“The recruitment exercise is free of charge. The Teachers Service Commission forewarns applicants against fraudsters who might extort money from unsuspecting persons purporting to assist in recruitment,” the commission stated.
The Commission noted that the 2024/2025 recruitment guidelines will govern the hiring process, and persons with disabilities are encouraged to apply in line with the equal opportunity provisions of the Constitution.
– The Susan Thompson Buffett Foundation has granted Sh3.8 billion to Kenya’s health sector
– The grant represents 18.1% of Kenya’s medical services project budget
– Kenya faces a Sh24.9 billion funding gap due to US aid cuts
– Warren Buffett plans to donate 99.5% of his $161 billion fortune to charity
In a significant development for Kenya’s struggling health sector, billionaire investor Warren Buffett’s charitable foundation has announced a Sh3.8 billion ($30 million) grant to the country’s public health department, helping to ease the financial strain caused by recent US aid cuts under President Donald Trump’s administration.
The Treasury’s budget estimates for the fiscal year starting July reveal that the Susan Thompson Buffett Foundation will, for the first time, directly finance the Kenyan government through the State Department of Medical Services.
This timely intervention comes as Kenya grapples with a major funding gap following the Trump administration’s decision to drastically reduce foreign aid programs.
The grant represents 18.1 percent of the Sh20.93 billion allocated for projects under Kenya’s State Department for Medical Services in the upcoming fiscal year, making the Buffett Foundation the third-largest multilateral donor to Kenya behind the World Bank and Global Fund.
Kenya’s Ministry of Health had previously stated it needed approximately Sh24.9 billion to replace funding lost from US government sources, including an immediate Sh2 billion to address critical gaps in healthcare services.
“This contribution couldn’t have come at a more crucial time,” said a senior health official.
“With the freeze on US aid threatening essential health services across the country, private philanthropy is becoming increasingly vital.”
Trump’s Aid Cuts Create Regional Health Crisis
Hours after his January 2025 inauguration, President Trump ordered a comprehensive review of US foreign aid programs and tasked billionaire Elon Musk with scaling down the United States Agency for International Development (USAid), which Musk has publicly criticized as a “criminal” organization.
The subsequent aid cuts have severely impacted health programs throughout Africa.
The World Health Organization has warned that eight countries—six in Africa, including Kenya—could soon deplete their HIV drug supplies due to the pause in US assistance.
The crisis extends beyond HIV treatment, affecting vaccine procurement through the Global Alliance Vaccine Initiative (GAVI) and environmental conservation efforts.
Buffett’s Quiet Intervention
At 94, Warren Buffett, the world’s sixth-richest person according to Bloomberg’s Billionaires Index, has stepped in where government support has retreated.
The Susan Thompson Buffett Foundation, named after his late first wife and managed by his children, typically supports reproductive health initiatives, including access to contraception and safe abortion services.
This direct funding to Kenya’s government marks a shift in approach for the foundation, which has historically channeled support through non-governmental organizations.
Buffett, who recently announced his retirement as CEO of Berkshire Hathaway, has been a vocal critic of President Trump’s economic policies.
During a recent shareholder meeting, he criticized Trump’s approach to tariffs, stating they “can be an act of war” and that “trade should not be a weapon.”
While the Buffett Foundation’s contribution provides critical relief, it addresses only about 15 percent of Kenya’s funding shortfall from US aid cuts.
Other private organizations and philanthropists are also stepping in, with GAVI committing a Sh2.6 billion grant to the State Department for Medical Services.
USAid has promised a smaller grant of Sh231.56 million directly to the department, though this represents a fraction of its previous support.
Last year, USAid allocated Sh19.2 billion to various Kenyan programs, already down from Sh32.4 billion the year before.
As international aid dynamics shift under the Trump administration, Kenya and other African nations face the challenge of diversifying their funding sources for essential public services.
Private philanthropy, while helpful, raises questions about the sustainability and predictability of health financing in developing nations when subject to the changing priorities of wealthy individuals and organizations.
Buffett has pledged to donate 99.5 percent of his wealth—currently valued at more than $161 billion (Sh20.8 trillion)—to charitable causes upon his death, with most going to a trust overseen by his children rather than the Gates Foundation, which had previously been his primary philanthropic vehicle.
For now, Kenyan officials welcome the support, which provides a lifeline for essential health services while the government works to develop more sustainable funding solutions.
In a significant policy shift that appears to acknowledge last year’s widespread youth-led protests, the government has steered clear of aggressive tax increases in the Finance Bill 2025, opting instead to focus on closing revenue leakages and enhancing tax administration efficiency.
The draft bill, tabled in Parliament on Wednesday, marks a notable departure from previous years’ approaches that typically included higher excise duties on common consumer goods such as alcohol, cigarettes, and imported products.
“The government has clearly learned its lesson from the June 2024 protests that forced the withdrawal of last year’s Finance Bill,” said economic analyst Maria Kamau. “They’re now taking a more cautious approach to avoid triggering similar public outrage.”
Instead of introducing new taxes, the William Ruto administration is targeting tax expenditures by changing the VAT status of various manufacturing inputs from zero-rated to exempt.
This technical adjustment means manufacturers will no longer be able to claim VAT refunds on these inputs, with the cost likely being passed to consumers.
Products affected by this change include locally assembled mobile phones, animal feed, raw materials for pharmaceutical products, solar and lithium batteries, and electric bicycles.
According to a Cabinet brief released ahead of the bill’s tabling, the focus is on “closing loopholes and enhancing efficiency, including addressing loopholes related to tax expenditures that have historically been exploited to siphon funds from public coffers, such as through inflated tax refund claims.”
The Treasury has also proposed amendments to the Tax Procedures Act that would remove barriers preventing the Kenya Revenue Authority (KRA) from integrating its systems with those of businesses.
This would effectively give the tax authority direct access to payment data, strengthening its ability to identify tax evasion.
Additionally, the KRA is working to integrate its iTax system with government payment platforms including the Integrated Financial Management System (Ifmis), Government Human Resource Management Information System (GHRIS), and the Central Bank System to better track tax compliance among public sector suppliers and government employees.
Molo MP Kuria Kimani, who chairs the National Assembly’s Finance and National Planning Committee, cautioned that the bill is still subject to changes.
“It is a draft document that was released by the National Treasury. It is undergoing review and some of the proposals in it will be in the final document that will be published by next week,” he said.
The government’s cautious approach comes after the dramatic events of June 2024, when protestors stormed Parliament shortly after MPs passed last year’s Finance Bill.
That bill had sought to raise more than Sh360 billion in additional revenue but was withdrawn following days of nationwide demonstrations.
Some withdrawn provisions were later reintroduced through the Tax Laws (Amendment) Act 2024 in December, as the government attempted to meet revenue targets required under its funding agreements with the International Monetary Fund and World Bank.
The government has increasingly turned to alternative revenue sources, including raising levies on fuel and government services.
Last July, the Road Maintenance Levy was increased from Sh18 to Sh25 per liter, aiming to generate an additional Sh30 billion annually for road contractors’ pending bills and maintenance of the expanded road network.
Other recent revenue measures include the Housing Levy (1.5 percent of gross pay, matched by employers) and enhanced contributions to the Social Health Insurance Fund (2.75 percent of earnings, previously capped at Sh1,700 monthly).
While the draft bill doesn’t specify how much additional revenue these measures are expected to generate, analysts suggest the government is walking a tightrope between meeting its fiscal targets and avoiding another wave of public protests that could destabilize the administration.
The Finance Bill 2025 is expected to be finalized next week, with Parliament set to debate its provisions before the June 30th deadline for the approval of the budget for the 2025/26 fiscal year.
In a significant constitutional challenge that could reshape Kenya’s electoral calendar, three prominent petitioners have moved to court arguing that Kenya’s next general election should be held in August 2026, not in 2027 as widely anticipated.
Dr. Owiso Owiso, Khelef Khalifa, and Ashioya Biko contend that President William Ruto does not have to serve the full five-year term typically accorded to Kenya’s heads of state.
Their petition specifically argues that the Constitution requires presidential elections to be held within the fifth year following the last general election.
“We urge the court to declare that the fifth year from the last election begins on August 9, 2026,” the petitioners state in their court filing.
“Consequently, as guided by article 136(2)(a) of the constitution which require the next presidential election to be on the second Tuesday of the fifth year, which fifth year begins on August 9, 2026, Kenya’s next presidential election must be held on the second Tuesday of August 2026, being the fifth year.”
With the last election held on August 9, 2022, the petitioners argue the next poll should take place on August 11, 2026 — a full year earlier than the currently anticipated date of August 9, 2027.
Constitutional Timeline Interpretation
At the heart of their argument is a detailed interpretation of Article 136(2)(a) of the constitution, which states that a presidential election shall be held on the second Tuesday of August in the fifth year following the most recent presidential election.
The petitioners present a meticulous breakdown of the years following the recent presidential elections:
– Year one: August 9, 2022 to midnight August 9, 2023
– Year two: August 9, 2023 to midnight August 9, 2024
– Year three: August 9, 2024 to midnight August 9, 2025
– Year four: August 9, 2025 to midnight August 9, 2026
– Year five: August 9, 2026 to midnight August 9, 2027
According to this interpretation, the fifth year begins on August 9, 2026, making the appropriate election date the second Tuesday of August 2026.
Precedent from Previous Election Cycles
The petitioners cite former President Uhuru Kenyatta’s first term as precedent for their argument.
They note that Kenyatta was sworn in on April 9, 2013, but the subsequent election was held on August 8, 2017 — meaning he served “for a period of four years and five months” rather than a full five-year term.
“As consequence of the constitutional provisions cited… the then President had served for a period of four years and five months, counting from the date when he was sworn in as president, being April 9, 2013, and the presidential election held on August 8, 2017,” they state in their court pleadings.
IEBC Preparations and International Standards
The petitioners are also asking the court to issue an order directing the Independent Electoral and Boundaries Commission (IEBC) to proceed with preparations for the next presidential election on the second Tuesday of August 2026.
They accuse the IEBC of “failing to adhere to the ordained timelines for conducting the next general elections per the Constitution.”
The filing further argues that delaying the election beyond August 2026 would “unlawfully interfere with Kenyans’ right to participate freely in the government of their country” and would “frustrate the principles of democracy, rule of law, human rights and people’s rights” as outlined in various articles of the African Charter on Democracy.
This case represents yet another instance of Kenya’s electoral process facing judicial scrutiny, continuing a pattern established during previous election cycles where constitutional interpretation has played a decisive role in determining electoral timelines.
The courts will now have to determine whether the petitioners’ interpretation holds merit, potentially shortening President Ruto’s first term in office by a full year.
A disputed land lease transaction in Nairobi’s South B estate has escalated into a high-profile fraud investigation, after a Somali businessman accused a senior presidential adviser of swindling him millions of shillings in a deal that allegedly collapsed under false representations.
The complaint, now before both the Directorate of Criminal Investigations (DCI) and the Ethics and Anti-Corruption Commission (EACC), centres on an alleged Sh5.7 million payment made in connection with a land lease that never materialised. The matter has attracted public scrutiny following the submission of detailed documentary evidence to investigators, raising fresh concerns about abuse of office and accountability among senior government insiders.
Named in the complaint is Karisa Nzai Munyika, a Political Affairs adviser in the Executive Office of the President at State House.
According to the complainant, businessman Abdinoor Abdi, Munyika received substantial sums of money on the promise of leasing land in South B. Abdi alleges that after payments were made, the transaction fell apart when it emerged that the property was either unavailable or not as represented.
In a formal complaint filed in February 2024, Abdi states that he entered into the arrangement in good faith, influenced by Munyika’s prominence and position as a public official. Through his lawyer, Karen Rono of Chelangat Law Advocates, Abdi argues that trust played a central role in the transaction.
“Our client relied on the representations made and the perceived credibility attached to the respondent’s public office,” the complaint notes, adding that the payments were made transparently and are fully documented.
Investigators have been provided with records showing multiple payments allegedly made to Munyika through various channels. These include several M-Pesa transfers, a bank transfer, a cheque deposit, and a substantial cash payment, all said to total Sh5.7 million.
The documents detail M-Pesa transactions ranging between Sh100,000 and Sh250,000, a Sh990,000 bank transfer to Munyika’s personal account at Kingdom Bank, a cheque payment of Sh500,000, and cash allegedly amounting to Sh2 million.
Abdi claims that despite persistent demands over more than a year, Munyika has neither refunded the money nor fulfilled the alleged lease agreement.
His lawyer contends that the conduct amounts to fraudulent misrepresentation and breach of trust, offences that may fall under the Anti-Corruption and Economic Crimes Act of 2003. A police report has been filed under OB No. 60/17/2/2025, and both the DCI and EACC have opened investigations.
In a letter dated March 11, 2025, and acknowledged as received by the EACC, Chelangat Law Advocates urged the commission to act swiftly, citing the seriousness of the allegations and the risk of public office being exploited for personal gain. A similar request was submitted to the DCI, calling for coordinated investigations and appropriate legal action.
The letter further states that the complainant is prepared to submit additional documentation to assist investigators as inquiries progress.
While some reports have described Munyika as a wanted suspect, police sources caution that investigations are still ongoing and that any enforcement action will depend on the findings and evidence established by investigators.
Officials at both the EACC and the DCI have confirmed that the complaint is under active review but declined to comment further due to the sensitivity of the matter.
Attempts to reach Munyika for comment were unsuccessful by the time of publication.
The case has reignited debate around land-related fraud, due diligence in private transactions, and the standards of integrity expected of individuals holding influential positions within government.
NAIROBI – A political deal brewing between Orange Democratic Movement (ODM) leader Raila Odinga and President William Ruto could see Raila appointed as Kenya’s non-executive Prime Minister, sources close to the negotiations have revealed.
The arrangement, which echoes past power-sharing agreements in Kenya’s history, is reportedly nearing completion and could reshape the structure of the Kenya Kwanza administration in the coming days.
According to insiders, Raila is pushing for a cooperation model similar to the 1997 deal he struck with then-President Daniel Moi, which allowed ODM to retain its identity.
However, President Ruto favors a more formalized agreement akin to the 2008 National Accord brokered with President Mwai Kibaki, which birthed a grand coalition government. “Raila wants ODM’s autonomy preserved, but Ruto is keen on a concrete pact that ensures long-term collaboration,” a source disclosed.
The centerpiece of this deal is the creation of a Prime Minister’s office for Raila, a position that would be established through an Act of Parliament rather than a constitutional amendment.
While the 2010 Constitution does not provide for such a role, the implementation of the National Dialogue Committee (Nadco) report—compiled last year amid talks between Kenya Kwanza and Raila’s Azimio la Umoja coalition—could pave the way. The report, which may soon be fast-tracked through Parliament, proposes the Prime Minister’s office as part of a broader government restructuring.
A Strategic Alliance
The talks come in the wake of last year’s Gen Z-led protests, which shook the country and pushed Ruto to seek Raila’s support to stabilize his administration. Sources indicate that Raila’s security detail has already been enhanced, and he is expected to operate from Harambee House Annex once the office is formalized. Meanwhile, Deputy President Kithure Kindiki will relocate to his Karen offices, and Prime Cabinet Secretary Musalia Mudavadi will retain his Railways headquarters base, unaffected by the new structure.
Raila’s return to the political fold is also set to bring significant perks for ODM.
Negotiations reportedly include offers of up to 12 Principal Secretary positions—though Raila is pushing for 16—as well as Cabinet slots, parliamentary committee roles, ambassadorial postings, and other senior appointments.
There is even talk of creating a new Ministry for Devolution and replacing Attorney General Justin Muturi with an ODM nominee.
Constitutional Concerns
However, the proposed Prime Minister’s office is not without controversy. Legal experts warn that it could face challenges, given that the Constitution only recognizes the President, Deputy President, Attorney General, and a maximum of 22 Cabinet Secretaries within the Executive. “The 2008 National Accord was a product of a different constitutional era. Today’s framework doesn’t easily accommodate such an office,” said political analyst Gitile Naituli.
Despite these hurdles, Ruto appears determined to cement the alliance. At the burial of Baringo Senator William Cheptumo on Saturday, he hinted at the convergence of Kenya Kwanza and Azimio agendas, setting the stage for a major government shake-up.
Analysts speculate that only a handful of Cabinet Secretaries, particularly those allied to retired President Uhuru Kenyatta, will survive the anticipated reshuffle.
ODM Divisions
Within ODM, the deal has sparked dissent. Leaders like Siaya Senator James Orengo and Secretary General Edwin Sifuna are said to oppose the arrangement, setting the stage for a tense party meeting in Nairobi today.
Critics argue that aligning with Ruto dilutes ODM’s opposition credentials at a time when Kenyans are grappling with economic hardships and demanding accountability.
Political analyst Martin Andati suggests Raila’s new role could position him as a “co-principal” alongside Ruto, given that his responsibilities would be legislated by Parliament—unlike Mudavadi’s Prime Cabinet Secretary role, which has been overshadowed by Head of Public Service Felix Koskei.
“Raila’s influence would eclipse Kindiki’s, making him a formidable figure in this government,” Andati noted.
Public Spending Questions
The creation of the Prime Minister’s office also raises fiscal concerns. With the Presidency already allocated Sh20 billion in 2024, adding another high-profile office could strain public coffers—contradicting Ruto’s Sh177 billion spending cut announced last July. “The focus seems to be on power-sharing rather than service delivery or economic recovery,” Naituli lamented, accusing leaders of prioritizing tribal alliances over national progress.
Since returning from Dubai after his African Union Commission chairmanship bid, Raila has enjoyed VIP treatment at public events alongside Ruto, with MPs and speakers like Moses Wetangula and Amason Kingi openly referring to him as “Prime Minister.”
At the Coast last week, he spoke after Kindiki but before Ruto, signaling his elevated status.
Raila’s Demands
Beyond securing a foothold in government, Raila has called for compensation for families of protesters killed in 2023 and 2024, condemned abductions of dissenters, and urged action on economic woes and the higher education funding crisis.
Whether these demands will be met as part of the deal remains unclear.
As Kenya awaits the finalization of this historic pact, the question looms: will Raila’s inclusion stabilize Ruto’s administration, or will it deepen public disillusionment with a political class seen as out of touch? Only time—and Parliament—will tell.
In the midst of fight against doping menace in Kenya that puts the nation at risk of an international ban, with 25 athletes as of last year 2022 hit with sanctions and 19 active cases pending in 2022 alone despite renewed efforts to stamp out the scourge, the Anti-Doping agency officials have been milking dry the agency behind the scenes.
Audit Report
The looting spree is contained in the Board Paper from the Audit and Risk Management Committee Meeting held on Tuesday 14/3/2023. The full board meeting was held on 8th December 2022.
According to the paper, there was a fraudulent payment of Sh1.95 million for supply and delivery of assorted cartridges from Jop Tech Ventures Limited. The audit found out that the goods were never delivered but the money was paid.
“A stock count for the 4th quarter conducted on 30th June 2022 did not reflect the said toners. This was clear evidence that they had not been delivered despite being alleged to have been delivered on December 2021,” the audit report states in part, on the same.
Another company, Combrites Enterprises is said to have been registered solely for a tender that had been floated. The Anti-Doping Agency incorporated Combrites among suppliers for medium ICT equipments.
There were also a fraudulent double payment to two firms totaling Sh1.5 million. Galen Empire Enterprises and Riarma Enterprises were awarded the same tender and paid in full, thereby leading to a loss of over Sh1.5 million by the Anti-Doping Agency.
“The Committee also established that the evaluation report that awarded Riarma Enterprises the tender was a photocopy of the Evaluation report that awarded the tender to Galen Empire Enterprises. The Committee further established that the evaluation report that awarded the tender to Riarma Enterprises was not accompanied by the respective minutes, yet the fictitious Riarma enterprises documents which were used for payments of Kshs 761,600 had the minutes attached,” the audit report stated in part.
The HP Toners that were supposed to have been supplied by the two firms, Riarma and Galen, were also missing from the stores. Meaning they supplied ‘air’. The above was confirmed by a Stock Take that was taken on 30th September 2022 and 29thAugust 2022.
“The store ledger and stock control card for toner HP 508A was updated up to 3rd August 2022 reflecting a balance of two sets of toners. However, a physical stock count of the Agency’s stock conducted on 29th August 2022 by a team of five (5) staff members physically traced one set of the said toners. The Committee therefore confirmed that there was sufficient evidence to conclude that the fictitious 14 sets of toners purported to have been supplied were never delivered,” the audit report further stated.
Money Laundering Kairu and Kimani Advocates.
The Anti-Doping Agency of Kenya had hired the law firm, Kairu and Kimani Advocates to handle its legal matters. One would expect that it is the same company that would receive monies on its behalf.
However, according to the audit report, a Mr Stanley Mwakio Mwandagha, received the monies totaling Sh3.2 million on behalf of Kairu and Kimani Advocates. Mark you, there’s was nowhere that Mr Stanleyt Mwakio requested to be paid on behalf of the law firm. The payment was signed by the CEO Sarah Shibutse and the accountant.
“Available evidence indicate that the Agency disbursed the funds to the personal ban] account KCB. No: 1203114133 of Mr Stanley Mwakio instead of the Kairu Kimani and Advocate: bank account”, the audit report noted.
The audit committee says they are in possession of un-authenticated receipts from the law firm, which indicates that the funds were received, but there are no records of ADAK processing the payments to the law firm.
Both the CEO and account at ADAK failed to comply with the Public Finance Management Act of 2012 section 68(1). The accountant, a Mr Simon Katee, also failed to comply with the PFM regulations and finance manuals.
The audit committee also established that ADAK lost over Sh500k through fraudulent payment of social media engagements.“There weere no evidence of invoices and receipts proving that Facebook received the money,” the audit report noted.
Forgeries
The audit committee also established that the agency lost Sh326,000 through malfeasant; for forged work tickets. The entries in the original work tickets differed with copies that were used to surrender the imprest.
“The Committee established that the officers authorized to undertake the survey in Mombasa and Eldoret were unable to account for their journeys as per the work-tickets used to surrender the imprest,” the report stated in part.
The audit report added, “The following officer: Madam Betty Kitawa, Mr Vincent Ongera, Mr. Peter Mwakazi, Madam Edna Koitie and Mr. Nemwel Arama colluded to defraud the Agency a sum of Kshs 326,200.00 on a fictitious market survey”.
There were other imprests that were fraudulently awarded, to different staff members, amounting to Sh6.8 million. Over 60% (Sh4.08 million) of the above mentioned imprest was utilized in the CEO’s office.
The audit committee’s report precisely names, a Mr Alfred Anditi, who holds the role of transport officer assumed the role of finance and accounts and procurement. Mr Anditi received Sh200k imprest unprocedurally and irregularly. His claims to the payment was not supported by any approval as required by the PFM Act.
The CEO Sarah Shibutse and the accountant Simon Katee are liable for the loss of money at ADAK, as they continued to authorize fraudulent imprests even without approvals.
“The Committee did not obtain a substantive explanation(s) on how the Agency can process an imprest twice a day (Kshs 400,000) thrice a month (Kshs 600,000) or even four times (Kshs 800,000) a month,” the audit report wondered.
Ghost Deliveries
The committee also found out that the agency purchased 100 reams of conqueror papers. The Sh580,000 was paid to Riarma Enterprisesvide voucher number TRF0350. A stock take showed the papers did not arrive at ADAK.
Riggles General Merchants Limitedreceived Sh2,980,000 for fictitious research activity. The company is not registered to carry out research in Kenya. As per law, every research firm in Kenya must have authorization from the National Commission For Science, Technology & Innovation (NACOSTI).
The audit committee’s recommendations, that the CEO has refused to implement, recommends that staff members, Martin Sisa Yauma, Simon Katee and Madam Betty Kitawabe surcharged for the fraudulent payment to Riggles General Merchants Limited.
Another firm, Ujuzi Consultancy Limited was paid Sh2.7 million for fictitious research activity.
In total The Anti-Doping Agency of Kenya lost over Sh21 million through procurement malpractices and creative accounting.
COMMITTEE GENERAL FINAL RECOMMENDATIONS
1. The Kenya Constitution 2010, article 205(a) provides that there shall be openness and accountability in financial matters, (d) public money shall be used in a prudent and responsible way. In addition, the Public Finance Management Act of 2012, Section 202(1) indicates that “A public officer is personally liable for any loss sustained by the National Government that is attributable to-(a) the fraudulent or corrupt conduct, or negligence, of the office.” Therefore, the Committee strongly recommends that the loss of public funds as enumerated in this Board paper MUST be recovered from the culpable officers.
2. The CEO, Madam Sarah Shibutse, who is the Accounting Officer and the AIE holder for the Agency has knowingly, grossly and continuously failed to protect public funds by facilitating, signing, approving, and authorizing fraudulent payments amounting to KShs.21,971,812. She failed to adhere to Public Finance Management ACT of nom Section 68(1) which asserts that “an accounting officer for a national government entity, Parliamentary Service Commission and the Judiciary shall be accountable to the National Assembly for ensuring that the resources of the respective entity for which he or she is the accounting officer are used in a way that is -(a) lawful and authorized; and (b) effective, efficient, economical and transparent. In view of the above findings, the Committee strongly recommends the interdiction of the CEO to pave way for further forensic investigations by the EACC and Director of Criminal Investigations.
3. The Senior Accountant, Mr. Simon Eater who is supposed to be a custodian of Public Financial Management Processes and Procedures has outrightly, grossly and continuously flouted the Public Financial Management Act and processes which led to the loss of public funds. Therefore, the Committee recommends the interdiction of the said officer to pave may for further investigations by the EACC and Director of Criminal Investigations.
4. The Procurement officer, Madam Betty Kitawa who is supposed to be a custodian of Public Procurement Processes and Procedures has outrightly, grossly and continuously flouted the Public Procurement processes which led to the loss of funds. Therefore, the committee recommends the interdiction of the said officer to pave way for further investigations by the EACC and Director of Criminal Investigations.
NYAMIRA County paid one Mrs. Rose Guto, an employee Kshs25M in Feb 2023.
The trend is, Officials in the payroll deliberately pay someone salaries in excesses having informed the beneficiary, and in return, use him or her to con the government of the day.
After paying, they write a letter purporting that the payment was “erroneously” wired then claim to start recovery process. Like in the case of Guto, the man holding an illegal post; Deputy County Secretary and who is also illegally acting as Director HR, one Kiriago, writes this letter purporting to recover the money.
Ordinarily, this money is supposed to be re-channeled to Revenue Account.From the revenue account, re-budgeting is done. However, in Nyamira county, this money is only returned on paper in collusion with banks and the beneficiary.
Like in this case, Guto was/is directed to withdraw the maximum amount and handover it to some crooks for “recovery” or the officers talk to the bank after the beneficiary has returned it to the account given, then it is hidden in “suspense” account where it is withdrawn in form of fictitious imprests. Like in that particular month, Kenyans lost Kshs25M in Nyamira in this loot.
Apparently, Guto’s case is not the first one. In January 2023, two ECDE teachers were paid almost 50-100 times more than their salaries. When we raised this matter, the government under Amos Nyaribo, claimed to have recovered the funds, which was a lie.
An insider was able to scrutinize Revenue Account and apparently, no recovery was detected. In other words, the excesses in those employees’ salaries went to cartels accounts. Sadly, taxes deducted from the “erroneously” paid money cannot be recovered.
In 2021, Mr. Nyaribo’s payslip was leaked where he was paid Kshs7M for Sept. Since he was caught unaware, he claimed the money was accumulated over time for the period he became governor, noting that he was receiving salary of a DG, which is also a lie.
In November 2021, Controversy stalked Nyamira Governor Amos Nyaribo’s efforts to clean the county payroll after a document alleged to be his payslip was leaked on social media.
The leaked document showed that Nyaribo received a gross pay of Sh924,000 for September 2021 alongside unspecified arrears of Sh5.6 million. But in a rejoinder, Nyaribo, through his press secretary Julius Nyabicha, said that part of the arrears was money he was never paid for the entire period he served as a deputy governor.
“The arrears reflected are as a result of adjustments of salaries of deputy governors across the country emanating from Petition Number 9 of 2018 at the High Court in Nairobi between the County Government of Kakamega and the SRC. All counties effected this adjustment except Nyamira for unspecified reasons,” read part of the statement.
The governor also clarified that since he assumed office in January 2021, he had been earning a salary of a deputy governor, and that part of the now colossal salary was from the accrued differences of his salary over the eight months.
“We wish to state that this statement is in the spirit of openness, and the county government is working within the strict guidelines of SRC in determining the remuneration of all county staff,” said the spokesperson.
The revelation came barely a week after the governor, through the Public Service Management department, stopped allowances of more than Sh3 million per month for some senior county staff allegedly receiving irregular remuneration.
The senior staff were said to had been earning what is specified in the payslips as ‘special house allowances’ like Mrs Rose Guto’s case.
According to the county executive in charge of the department Thomas Nyariki, the allowances were not consistent with the Salaries and Remuneration Commission (SRC) guidelines issued in 2015.
The circular outlined that such officers should be receiving allowances ranging between Sh12,000 and Sh15,000. But the officers, most of whom are in job groups between M and R, had been pocketing up to an excess of Sh60,000.
The county had lamely‘embarked’ on recovering the overpaid allowances.
These wrangles comes at a time when county suppliers and contractors have not been paid, workers are not paid due to delayed fund disbursement from the National Treasury. Families of the less fortunate are going hungry whilst these tumbocrats are languishing in stolen money living lavish lifestyles.
The arrest of sitting Governor Nyaribo, Deputy County Secretary who is doubling as HR Director G. Kiriago, Finance CECM Emily Ongaga and CCO one Dominic Barare together with other officials in the ring should be imminent.
What was believed to be a jackpot case for Ethics and Anti-Corruption Commission has evaporated into thin air. Panic once gripped the Tourism Fund following irregular payments in the acquisition Kenya Utalii College Coast branch and a Sh3 billion paid as a consultancy services in the Ronald Ngala Utalii College in Kilifi County.
Former Tourism CS Najib Balala, former PS Safina Kwekwe, Kenya Tourism Fund CEO David Mwangi recorded statements on irregular payments relating to Ronald Ngala Utalii College. Also under the probe in November 23 2012 was Catering Development Levy Trust which advertised the tender for establishment of Ronald Ngala Utalii College Coast branch and a firm that won the tender. The tender was awarded to Mulji Devraj and Bros vide tender committee No TH/6/2013-13 held on April 11 2013 at a contract sum of Sh 8.9 billion, Nilesh Halai and a director of Mulji Brothers featured prominently in the scandal.
The patriarchs of the family construction firm is Harji Keshra Halai (Haribhai) and wife Rambai Harji Halai. The family is based in Mombasa. Members of the family are Mahedra Halai, Hitendra Halai and Joyata Halai. Grandchildren in the construction firm are Shushil, Krishna, Jilna, Mithul, Krupaal, Harshil, Malini, Mehul, Jinali Annol, and Anya.
The audit report said the award of the contract was fraudulent because, Mulji Devraj and Bros was the third lowest Sh 8,961,370,998 bidder being Sh627,615,756 above the lowest bidder at a bid price of Sh8,333,755,242, there was no justifiable reasons to have exposed the public money to risk of incurring a loss of approximately Sh627 million by awarding the third lowest bidder,” reads the report.
The consultancy aspect of the contract was awarded to Baseline Architect ltd at a cost of Sh556.8 million. In what could well be described as managed fraud, the report said, “Notwithstanding over design of the project, circumvention of the financial management laws and regulations, diversion from the project approved by the cabinet among others, the following enumerated payments made to both consultants and the contractors appear ineligible.”
The Tourism Fund investigation by EACC was under inquiry file number EACC/MLD/FI/INQ/4/2021. Kenya Tourism Fund fraudulently paid Sh8.5billion more to acquire the college in which it emerged that Balala and Kwekwe allegedly demanded kickbacks from various firms to fasttrack payments during last months of former President Uhuru Kenyatta’s tenure.
Initial report showed that the cost of acquiring the college was inflated to Sh10.4 billion against the initial projected cost of Sh1.95 billion.
Suspicious accounts were used to ripoff the the funds, one such account was the defunct Catering and Tourism Development Levy Trustee bank account at a local bank.
Although this body ceased to exist, the bank accounts are still active and are shown to have received Sh435 million in January 16 and another Sh64million in February 16 2020 to 2021. This payment from the National Treasury was to pay contractors. The irregular transfer of the project from Utalii College to Tourism Fund was done by then CA Balala through gazette notice dated April 9 2010. However, records at Tourism Fund under investigations show Sh1.2 billion only was received.
Documents at EACC desk showed that a consultant billed Sh556.8 but was surprisingly paid 817.9million. The probe established that Sh261.1 was paid extra to the consulting firm. The said money was shared among the top Tourism Fund managers in the scam, ministry officials at the National Treasury.
During financial year 2014/2015, National Treasury suspiciously made payment to Ministry of Tourism of Sh811.4 million for Ronald Ngala Utalii project, the ministry went ahead to further release Sh311.4 million to the fund insisting as a part of pay remainder owed to contractors, yet no contract between the ministry and the said contractors existed.
The Attorney General’s advice to the Ministry of Tourism reads: “We refer to your letter Ref no. OP/CAB.1/18A and dated November 3 2009. We have perused the copy of the letter Ref MT.A/4/5/3 and dated November 26 2009 and the attached draft Legal Notice to establish a training institution that is body corporate under section 29(1) of the Hotels and Restaurant Act (Cap 494). We would like to advise you that establishment of the institution by the minister under section 29(1) of the act would inconsistent with the Act.”
There are instances where the ministry of Tourism refused to transfer all the money for the project as released by the Treasury to the fund for payment of contractors. Baseline senior partner is Morris Njue. The firm was at one point barred by the court from demanding Sh1.4 billion from National Hospital Insurance Fund.
Insiders said, at one time, a bank transfer of Sh5million dated January 7 2020 was made from KCB Revenue Account to Equity Operations account but surprisingly , the amount was not reflected or received in the Equity Operations Account. The management also failed to act on Treasury’s Circular Ref: No. AG.416/3 Vol (19) dated June 24 2020.
Furthermore, the top managers deliberately delayed to pay Ronald Ngala Utalii Complex contractors on time as per the contract requirements leading to imposition of penalties and interests amounting to Sh1,520,489,236 out of which Sh516,166,749 was outstanding as at June 30 2020.
Also in a controversial scam outside the Ronald Ngala contract was signed on Feb 12 2018 between the fund a local company for the implementation and commissioning of an integrated Revenue Management System for Sh144,503,960.27 for a period not exceeding eight months that was to end on October 12 2018.
In a contract dated October 1 2019, it was varied by Sh28,900,972 and extended the contract further by five months. The consultant was to provide seamless integration to the clients’ financial systems through its application protocal, interference, Jambo pay online payments which supports multipayment interface to be defined namely; mobile banking and debit cards and agency cash collection.
What has emerged in the the above online project is that in April 2021, the fund had started paying for the maintenance services even though the project was 70pc complete. The fund entered into a contract with a local company for installation, supply and configuration of a contract centre. The contract was dated February 12 2020 for a contract sum of Sh34,631,976 and be completed in three months. Sh6,627,843 was paid to the contractor despite work not done.
The Fund also contracted a law firm to process a title deed for Kenya Utalii College from a law firm. As per the letter Re TF/CONF/10/158 dated December 17 2019, the firm, had successfully obtained certified deed plan for land Ref 5 of 35/5.
However, a valid title deed in the name Kenya Utalii Collge was yet to be obtained due to change of user approval which had taken a long time. The total amount payable was Sh11,492,655 which was paid in full on Feb 19 2020. However, in April 2021, the law firm had not obtained the title for the college despited being paid in full.
Top managers Faces behind the Fund during the looting spree were Cherutoi then acting Director of Corporate services, Erick Kiplagat Director of Levy services, Charles Okeyo Director Strategy and resource mobilisation, Eden Odhiambo supply chain manager, Emily Wagema Corporate communication and marketing , Patricia Ondeng Legal Services, James Njogu Risk and Internal audit manager, Abraham Kiptum head of Human Capital Adan Adad and Information and Technology Isaiah Rutto
He got life imprisonment, then faked his death and escaped prison like Michael Scofield in the Prison Break netflix series only that he escaped alone.
In jail he was nicknamed ‘El Chapo’ an inspiration he drew from drug lord Joaquín “El Chapo” Guzmán who also escaped prison.
El chapo Guzman handcuffed after being extradited to US to serve his Jail term.
Bester escape shocked; authorities believed Bester to have died after setting himself on fire in a privately-run prison in Bloemfontein in May last year 2022.
The state had declared him dead untill after running DNA tests confirmed that the body found in his cell was not that of the convicted murderer and rapist.
He had managed to trick the system, killed and planted a body. An incident that had seen G4S , security firm that was contracted in manning the prison contract terminated.
The Wife
Following unfolding series of events, it turns out that the father in law of Thabo Bester, Dr. Nandipha’s father was the Mastermind of the Thabo Bester escape from prison together with a former G4S employee set to be arraigned in court according to SAPS team.
The Plot twist I didn't see coming was Dr Nandipha's father being the Mastermind of the Thabo Bester escape from prison together with that former G4S employee pic.twitter.com/ZvI2vr9FIc
Here is the catch, prior to his escape -Thabo Bester ran a lucrative scam, he appeared at a glamorous Johannesburg event on 13 June 2018 via video conference, while he was in prison pretending to be in New York , because while in prison he was running multi-million rand scam business Bester posed as the “chairman” of 21st Century Media.
At the time of the event, Bester was serving a life sentence at Mangaung Correctional Center, a private maximum security prison operated by multinational company G4S as earlier stated.
So, for 9 months after faking his death, Bester ‘Facebook Rapist’, & his wife Dr Nandipha lived in a posh hideout in Johannesburg until someone snitched & they escaped this month. It’s speculated the house help sold them out so they allegedly killed & buried her in the compound.
From Johannesburg they were trailed & with help of Tanzania authorities they were caught while on their way to Kenya after getting wind that they were being
Bester was apparently spotted at a supermarket in Sandton shopping, just two months after he supposedly burnt to death in his prison cell.
Weeks before fugitive Thabo Bester’s scam in which he “burnt to death” in his prison cell, his lover Nandipha Magudumana allegedly stole three unidentified bodies from Free State mortuaries.
Thabo Bester has used aliases throughout his criminal career. While running 21st Century Media, he was known as “Tom Motsepe” and claimed to be related to businessman Patrice Motsepe.
Recruits of 21st Century Media were led to believe they would be working with an industry-leading company. “Tom” introduced himself to them as an executive of 21st Century Fox and Sky Digital.
A Twitter account for “Tom Motsepe” contains photos of Bester’s face edited onto other people’s bodies. In one picture, his face is edited onto American actor Michael B. Jordan’
Thabo Bester served two years of a three-year sentence for fraud under the name Thabo Magagulu in Johannesburg but was released on parole in 2011.
In July, shortly after his release, he broke parole and had been taunting police ever since.
Police believed Thabo Bester Facebook Rapist was stealing two to three laptops daily, in addition to running other scams where he asked women to pay him for auditions and setting up elaborate photo shoots and making off with staff and models’ belongings.
Soon after being released from jail in July 2011, Bester, using the alias Tom Kelly, was flown to Cape Town with some models using a Joburg charter company. Of course, they were never paid, because the proof of payment he issued POP was fake.
Thabo Bester also rented two buses and a photographic crew for a photoshoot with 13 models. He arranged lunch for the models and the crew. As they ate, he fled with the photographic equipment which was left in the buses.
Bester while caught, he was travelling under the name, Tommy William Kelly, an American citizen, while Magudumana assumed the name Martha Patience Mmerika Nitshini.
Some of the other pseudonyms that Bester was reportedly travelling under:
Kenya had agreed to offer preference to DP World, owned by the government of Dubai and one of the world’s largest port operators, in a deal inked between the two States.
DP World said the Kenyan government had promised to issue a request for a commercial proposal for the port deals before the August 9 General Election. Under the deal, DP World was to deploy its money to build three berths at the Mombasa port, develop cold storage supply chains in Kisumu and Naivasha and to build a special economic zone in Lamu.
The Dubai firm was to submit a commercial proposal to equip and operate the three completed berths in Lamu.
Kenya has however disowned promises of the tender made to Dubai Port (DP) World that would have allowed the UAE-based firm to offer a bid for development, operation and management of the country’s four ports.The Treasury has disowned the existence of such a deal and denied ever mentioning plans to issue a tender by July.
It was a ‘government-to-government’ agreement signed proposing to DP world to take part in the process. It was an agreement to explore how DP World can provide gateways into the country and the hinterland. Kenya Treasury CS Ukur Yatani has denied the deal.
When requested comments on whether the request for proposal (RFP) will be issued this month, Treasury Cabinet Secretary Ukur Yatani replied “No,” via text without offering any explanations.
Typically once an RFP is issued bidders are given weeks to fill and submit bids outlining the amount of investment required, financing options and a feasibility study which could take months.
DP World first entered the fray in Kenya in 2014 when the government floated an international competitive tender to concession the second container terminal in Mombasa. Port operators from China, Japan, Singapore, Netherlands and several other countries participated in the tender.
The Chinese group, PSA International, which had partnered with a local firm, Multiple Hauliers, had the highest marks, with DP World emerging second but was to secure the tender through backdoor like it had done in other countries before.
The process was then cancelled amid political undercurrents. The Treasury Cabinet Secretary previously confirmed that DP World were among many port operators being explored by the government as potential private partners to run the new Lamu Port.
DP World has a controversial record. In February 2006, an announcement by DP World that it was taking over management of six US ports in a $3.7 billion (Sh436 billion) deal kicked up a controversy in Congress, mainly on security considerations. Under pressure and public scrutiny, DP World dropped the deal.
In 2012, Djibouti filed an arbitration case in London against DP World, claiming that the firm bribed an official to secure concession to run Dolareh – the largest container terminal in Africa. Though Djibouti lost, the case revealed insights into dealings between corrupt elites and global concession operators.
How Dubai Firm DP World Plotted To Fraudulently Secure Control Of Walvis Bay Port
The 2019 Fishrot scandal was a moment of epiphany for many Namibians; a coming to terms with the unpleasant reality that Namibia’s public service has been a hotbed for corruption for many years. And the recently hatched Walvis Bay Port syndicate indicates that, that unfortunate reality remains the status quo.
In 2019, DP World, the Dubai-owned port operator, under the aegis of Sultan Bin Sulayem, with support from the former Transport Executive Director, Willem Goeimann orchestrated a plan to gain control of the newly constructed N$4.2 billion Walvis Bay container terminal through a direct agreement for a period of 50 years.
DP World’s strategy included extending unwarranted generosity to several Namibian decision makers, some of whom were completely oblivious of their true intent; to avoid a competitive process that would most probably undercut their chances of controlling this strategic asset.
To bypass Namibia’s procurement laws and justify a direct agreement, DP World’s agents pushed for a largely farcical Government-to-Government agreement between UAE and Namibia, which was a mere smokescreen, hiding DP World’s real motive.
This deception was clearly manifested when they signed an MOU with Nara Namib to develop a Free Economic Zone in Walvis Bay.
Notwithstanding their well-orchestrated scheme, in a real show of patriotism, a number of government officials and members of the Board of Directors of Namport turned down DP World’s direct agreement proposal as was the case in Kenya. It was considered dangerous and inimical to the interest of Namibia.
Following the rejection of DP World’s direct agreement proposal, the expectation from all stakeholders, both local and international, was that the Government of Namibia would revert to the due process by instituting a fair and transparent tender process to award the concession of the strategic Walvis Bay Container Terminal, in the interest of the Namibian people.
Alas, doing something as noble as that would have been completely out of character for the current Namibian government. Instead, it was Sultan bin Sulayem, the senior management of DP World and their local associates that quickly adapted to the new situation and came up with a new plan to achieve their unscrupulous agenda.
Under the pretext of a transparent process facilitated by the Namibia Investment Promotion and Development Board (NIPDB) run by the capable CEO (some would say pawn) Nangula Uaandja, invitations for the Expressions of Interest (EOI) were sent out to a large number of potential operators, selected by NIPDB.
However, this was just a ruse to give the impression that the country’s procurement laws are being complied with. Several sources disclosed that DP World managed to influence and manipulate the evaluation criteria in such a manner that it will disqualify all other offers save theirs and those of sister companies.
They simply managed to get NIPDB to combine three different components (container terminal, free zone and a custom’s single window), which in reality requires completely different skills and criteria, under the fancy marketing name of “Walvis Bay Industrial Development Initiative (WIDI”).
Combining these components would have most likely proved detrimental to the country, but it seems no one made the effort to analyse it in detail.
The process was structured in such a way that only the Government of Dubai, which owns DP World, Jebel Ali Free Zone and the Dubai customs, could comply with the selection and evaluation criteria.
All the other companies were only invited to legitimise the process and make it look transparent and credible. With that pseudo legitimacy, NIPDB, which has ultimate control over the process, will be able to evaluate the proposals against the selected criteria, eliminate the rest of the companies and enter into direct negotiations with DP World.
A top official of the Teachers Service Commission (TSC) has been sacked over claims of soliciting for tenders from principals, corruption and abuse of office.
Deputy chief executive Kennedy Juma Mulunda was found culpable of using his position to intimidate more than 10 principals from various schools in Western and Nyanza into awarding some companies contracts.
A team of commissioners who probed the matter found Dr Mulanda guilty of threatening to deal with teachers who defied his overtures in the event that he becomes the chief executive officer after Dr Nancy Macharia.
His termination was communicated to him in a letter dated June 20, signed by Dr Macharia, who is in-charge of the secretariat staff.
Dr Macharia said she was acting under instructions from the commissioners after investigations from principals found overwhelming evidence against him.
Dr Mulunda was issued with a termination letter after being taken through a disciplinary committee in January. He is also accused of using his position as the deputy CEO to intimidate the commission’s officials in the regions.
“Pursuant to the provisions of clause 10 of your employment contract, the commission has made a decision to terminate your employment contract with effect from June 20, 2022,” reads the letter by Dr Macharia.
According to sources, TSC chairman, Dr Jamleck Muturi, appointed a special committee to investigate the allegations of abuse of office against Dr Mulunda and compiled a report in February.
The Nation learnt that Dr Macharia did not sit in the investigating committee as disciplinary mandates are purely done by the commissioners under the directives of the chairman.
Among the allegations, Dr Mulunda is accused that on diverse dates in 2020 and 2021, he abused his office by influencing, coercing and intimidating staffing officers to effect transfer of several principals in Western and Nyanza outside the approved transfer matrix in disregard of the commission’s transfer policy.
He is also accused of coercing principals from various public schools to award tenders to companies associated with him against the Public Procurement and Assets Disposal Act.
Among the tenders he demanded were fumigation services in various schools.
The Nation learnt that 10 teachers from the region were invited by TSC and they testified against him.
In a report prepared by the commissioners, a principal testified that Dr Mulunda influenced the school to award the tender of laboratory chemicals and equipment to a company that was not among the prequalified suppliers.
In some of the schools, the principals told the commissioners that Dr Mulunda engaged chairpersons of boards to award the tenders to the companies without following procurement regulations. In other schools, he coerced the principals to award the tenders to his relatives.
For principals who refused to heed to his instructions, the heads testified, that he would threaten them with transfers or initiated their transfers as a way of punishing them.
One principal testified before the TSC investigating committee that Dr Mulunda would visit schools and introduce suppliers of various goods such as stationery and printing papers and demand that the schools award the tenders to them.
Another principal told the commissioners that Dr Mulunda introduced him to a security firm based in Nairobi and demanded that he awards the company security services tender, which he declined.
Between September 2020 and September 2021, Dr Mulunda is also accused of having visited more than five schools in the regions with directors of various companies associated with him and some family members and demanded that the schools award him tenders.
According to TSC, transfer of teachers must follow the code of regulation. The transfers must consider the need for adequate distribution and optimal utilisation of teachers, availability of vacancies and need for replacement, existing staffing norms, medical grounds and other compelling grounds as the commission may consider necessary.
In one of the transfers, Dr Mulunda is accused of instructing a commission’s official to transfer a principal citing poor performance and stakeholder hostility.
The committee established that the said school’s academic performance was on upward trend since 2018.
In the TSC’s termination letter, Dr Macharia said Dr Mulunda was invited to show cause why his contract of employment could not be terminated on the grounds that he breached the Public Officers and Ethics Act.
Dr Mulunda denied the allegations before the committee.
“The commission has carefully reviewed your case, the evidence presented before it as well as your written response and determined that you were guilty of the allegations raised against you which is in violation of the terms and condition of your contract,” said Dr Macharia.
A judge has revoked the appointments of Bernard Njiraini as chief executive officer of the Kenya Bureau of Standards and Bernard Ngore as chairman of the National Standards Council (NSC).
Justice Maureen Onyango of the Employment and Labour Relations Court quashed the appointments, stating that officials were handpicked contrary to the law, yet the process should be open to public participation.
The judge also quashed appointments of members of the board of directors of the NSC saying the recruitment was not subjected to public participation. The members included Mary Wanja Matu, Helen Kabeti, Fouzia Abdirahman, Patrick Musiu, Edward Njoroge, Eric Mungai, Gilbert Lang’at and Rogers Ochako.
The judge directed the Cabinet Secretary of Industry, Trade and Cooperatives Betty Maina and Attorney General Kihara Kariuki to ensure that the new chairperson and new independent members of NSC are appointed strictly in compliance with the constitution and national legislation.
“A declaration be and is hereby issued that the appointment of the first respondent, on the recommendation of the National Standards Council, of Bernard Njiinu Njiraini as the Chief Executive Officer of Kenya Bureau of Standards, was invalid, null and void ab initio,” said Justice Onyango.
Ms Maina had revoked the appointment of Mr Ngore but he moved back to court and obtained temporary orders, allowing him to stay at NSC.
The official accused the CS of violating the law by illegally degazetting him as the chairman of the NSC, without notice, or affording him an opportunity to be heard or giving him reasons for the decision.
Through a gazette notice on November 14, 2019, the CS appointed the members and the chairman but the decision was challenged by Okiya Omtatah who argued that the officials were not subjected to a transparent and merit-based process.
Mr Omtatah further claimed that Mr Njiraini came in sixth position during the interviews for the job, hence did not deserve the position.
The CS also named Mr Ngore as the chairperson of NSC for a period of three years and revoked that of Ken Wathome Mwatu.
The officials, however, defended their appointments, saying they have the knowledge and expertise to handle the jobs.
The activist argued that Mr Mwatu was a presidential appointee and the CS cannot purport to revoke such as an appointment because he cannot override the President.
“There is absolutely no way that the Cabinet secretary could validly override the President’s appointment,” he said.
Njiraini was arrested for refusing to give EACC detectives original documents related to multimillion-shilling tenders the commission is investigating.
Njiraini was arrested as a penal consequence for failing to comply with a notice issued to him to surrender the documents.
EACC had been investigating allegations of procurement irregularities and payment of bribes in respect of awards for tenders for provision of pre-export conformity of goods, used motor vehicles, mobile equipment and spare parts by Kebs.
The Public Investments Committee (PIC) recommended punishment for Mr Njiraini and the procurement team at Kebs for alleged impropriety in awarding a pre-export verification tender. The National Assembly adopted the report that recommended that the top officer at the state agency be surcharged in the event bidders challenged the award.
The watchdog committee chaired by Mvita MP Abdulswamad Nassir also recommended that the Directorate of Criminal Investigations and Ethics and Anti-Corruption Commission probe the circumstances under which Kebs engaged blacklisted firms, EAA Company Ltd and Auto Terminal Japan.
The Auditor-General had in a special audit recommended that the two firms be barred from engaging in such tenders. But the agency went ahead to engage them in its bid to have more firms inspect vehicles being imported into the country.
Njiraini promotions and stay has been at the mercy of crooked cartels- tenderprenuers who he satisfies their needs at the expence of sanity against corruption.
A carbon-copy of Mike Ross of the famous Hollywood series SUITS. The legal drama created and written by Aaron Kosh which follows the journey of college dropout Mike Ross (Patrick J. Adams) and Harvey Specter, one of New York’s best lawyers (Gabriel Macht).
Ross, who has a photographic memory and makes his living illegally taking the LSAT for other people has always dreamed of becoming a lawyer ever since his parents were taken from him at a young age and finally gains an opportunity after being setup by his childhood friend Trevor in a drug deal gone wrong in an attempt to get some extra cash to help his grandmother gain around-the-clock care.
In the pilot episode, Ross stumble into an interview after trying to lose the cops, impersonating someone else and meeting his eventual boss, Harvey Specter after being promoted to senior partner at the New York’s biggest law firm; Pearson Hardman. After surprising Harvey with his ability, Mike is thrust into the world of corporate law with a secret to keep— Illegal practice without license. He is busted in Season 6 and jailed over fraud for 2 years. The drama has been well executed in real life by Nasir Jinnah. Here is how,
Nazzir before a court of law
For at least a decade, Nazir Bhaduralli Nurmohammed Jinnah has made millions in legal fees. Armed with a professional profile that would cow most lawyers across the globe, he has managed to net clients who believed that he is one of the best advocates in Kenya. From work stints with top law firms including Khaminwa & Khaminwa Advocates and MMC-Asafo, Conrad Law & Consultancy in Nairobi to Piper May Solicitors in the UK and Mussolini & Dessel in the US, Jinnah’s claimed experience made him appear a cut above the rest.
Not even the most senior advocates at the law firm Conrad Law & Consultancy, where Jinnah works, could match his profile. He was in ozone layer and hot as corona.
But in a twist that has shocked the corporate and legal fraternity, Jinnah is set to face impersonation charges after the Directorate of Criminal Investigations (DCI) discovered that he has no formal legal training like Mike Ross was exposed. The DCI’s investigations have unravelled a long history of brazen moves by Jinnah, who has convinced many individuals to procure his services as a lawyer.
As Khaminwa & Khaminwa Advocates associate.
In 2012, Farhana Properties Limited, a firm dealing in real estate, agreed to sell a house in Mombasa to Aharub Khatri for Sh50.54 million. The real estate company’s directors, Harbans Singh Birdi and Shirin Akberali Jiwa, agreed to split the sale proceeds equally after deducting expenses such as legal fees.
Ms Jiwa appointed Nazir Jinnah as her lawyer in the conveyancing deal and introduced him to Mr Birdi. Jinnah claimed to be a legal consultant and partner at Khaminwa & Khaminwa Advocates, one of Kenya’s top law firms, headed by Senior Counsel John Khaminwa.
The land buyer was to wire Sh48.5 million to a Mr Manoj Shah, who would act as a trustee and hold the funds for 90 days before sending half to Mr Birdi and the rest to Ms Jiwa or their representatives. The money was paid in three instalments – three in cash and one bank transfer from the buyer’s lawyers Anjarwalla & Khanna. Along the way, Jinnah managed to convince Anjarwalla & Khanna that he was also representing Mr Birdi. The last instalment was wired from Anjarwalla & Khanna Advocates to Jinnah’s “client” account.
After expenses, Farhana Properties was to make Sh44 million, which meant that Mr Birdi should have received Sh22 million. But Mr Birdi lost Sh17 million, which he claims Jinnah pocketed through his “client” account. A year later, Mr Birdi and his wife were sued over ownership of a piece of land in Nyari estate. They approached Jinnah, who agreed to represent them. Jinnah then hired Khaminwa & Khaminwa Advocates to file a constitutional petition seeking a determination on the land’s ownership. But Jinnah ensured that the couple never met or got in touch with the law firm’s managing partner, Dr Khaminwa.
In June 2017, the case was coming up for hearing but Jinnah had travelled to Canada and was not to return for several months. An agitated Mr Birdi went to Dr Khaminwa after confirming that the case was to be heard on July 6, 2017, which was a few days away.
The suit is still proceeding, but Mr Birdi paid Jinnah Sh50,000 for legal work that was done by Khaminwa & Khaminwa Advocates.
Swindling 2.8 million
In yet another transaction, Mr Birdi lost Sh2.8 million after a botched land sale deal. Jinnah had offered to help Mr Birdi sell a piece of land in Embakasi. The buyer agreed to pay Sh25 million. But the Embakasi land had been invaded by squatters, and Jinnah offered to have them evicted for Sh2.8 million. The buyer refused to part with any additional costs and cancelled the deal.
Mr Birdi had already paid Jinnah Sh2.8 million. The three transactions are now at the centre of a storm for Jinnah, who is to be charged with impersonating a lawyer. Impersonation in Kenya carries a maximum prison term of three years.
Last week, the Chief Magistrate’s Court in Milimani postponed the arraignment to May 13, 2022, after Jinnah protested to Khaminwa & Khaminwa Advocates representing Mr Birdi and his wife.
Swindler Jinnahforged Khaminwa & Khaminwa Advocates’ letterhead, and replaced the law firm’s official phone numbers with his.
The new document presented him as a legal consultant with operations in Nairobi, London, Washington D.C., and Toronto.
It also documented Jinnah as an expert in family, constitutional, criminal, civil, and commercial law.
On his LinkedIn profile, Jinnah also claims to be a legal consultant for MMC-Asafo, one of the country’s top law firms. He has been at the law firm for four years, as per the social media platform.
Smart Business has however established that Jinnah has never been an employee of MMC-Asafo, and only spent less than a month at the law firm on probation while seeking employment as a business development director.
At Conrad Law & Consultancy, Jinnah is a director in charge of business development. The profile states that Jinnah has worked as a high-ranking bureaucrat for at least three multinational companies – Synergy World Limited, Kartier Group of Companies International LLC, and Oil Barell Limited.
At Oil Barell, Mr Jinnah claimed to have been CEO between 2010 and 2016.
As Mr Birdi is counting his losses, his son is also contemplating filing a civil suit to recover millions paid to Jinnah in legal fees.
Mr Birdi’s son is going through a divorce in the United Kingdom and was introduced to Jinnah in 2013. He paid legal fees, travel costs to and from the UK, upkeep, and other incidentals to Jinnah between 2013 and 2017.
Mr Birdi’s son now fears that his divorce case could have been jeopardised by the alleged quack advocate. Once, Mr Jinnah had travelled to the UK for the divorce case. The younger Mr Birdi’s children are in the UK. He sent Mr Jinnah £500 (Sh75,000) which was to be passed on to his children.
“I had additionally also sent £500 to my children for their upkeep and he pocketed that as reflected in his invoices to me. What we can gather is that there are many families that have been conned by Nazir. I am seeking to claim damages for all the monies paid to him due to his fraudulent activities and also possible jeopardy of my UK divorce case being executed by this person with little more than high school education,” Mr Birdi’s son told police.
English point marina scandal where he is the assets and legal affairs director.
English point Marina
The impersonation charges come as Jinnah fights a group of investors that bought apartments at the English Point Marina in Mombasa County.
Jinnah is the assets and legal affairs director at English Point Marina, and a shareholder of the embattled real estate project that cost Sh5 billion to put up.
The project consists of 96 apartments, eight penthouses and a 26-room hotel, and is one of few private properties that are part of Kenya’s Vision 2030 project.
A group of 12 apartment buyers among them Rockefeller Foundation Africa boss William Asiko, Jubilee financier Sam Kairu and tycoon Booker Mbugua, Susan Muigai, Kariuki Minju, Joseph Wanjui, Solomon Bundi, James Kinuthia, Resilient Investments, Everywhere Investments and Silverline Investment —has sued English Point Marina and its directors – Amin Kanji, his wife Leila, brother Alnoor, sister-in-law Nafisa, and Swindler Jinnah – for locking them out of the property.
The buyers add that aside from being hit with exorbitant and unexplained bills, English Point Marina staffers have been ordered to discriminate against black African homeowners.
Jinnah will have another date with the DCI as they investigate the alleged fraudulent billing by English Point Marina. Pearl Beach Hotels Limited’s court petition to stop the probe was dismissed in January.
Disgruntled buyers say that despite paying the disputed service charges, electricity has been disconnected from some apartments as management refuses to account for money collected.
Dr Khaminwa adds that English Point Marina has blocked buyers from renting out their apartments, contrary to the purchase agreement in which the management undertook to assist in sub-letting in exchange for 30 percent of revenue collected.
The lawyer holds that English Point Marina has been deliberately disabling security keys for apartment owners in a bid to frustrate their tenants and guests into opting for the hotel instead.
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In order for one to become a certified lawyer in Kenya, one has to acquire an education from an institution recognized by the Council of Legal Education in Kenya.
This takes four years after which they graduate with a Bachelor’s degree in law, then attend the Kenya School of Law for two years.
At the Kenya School of Law, one undergoes an advocates training program which is conducted for one year in-house after which one moves to pupillage which is a 12-month training period for those aiming to qualify as barristers (a person called to the bar and entitled to practice as an advocate, particularly in the higher courts), usually spent in a barristers’ chambers.
This is divided into two distinct six-month periods, where during the first six months, one shadows the cases of an experienced barrister after which, in the other six months one may take on work of their own.
It isn’t a rocket science how a Magistrate or a Judge wouldn’t bust a fake lawyer when Practising certificates for lawyers alwaysissued by the Chief Justice through the registrar every year, meaning the court has the records judges do spot checks to confirm eligibility of the lawyers involved before.
Through the LSK search engine, a website that publishes information regarding the status of its members – one can confirm the authenticity of his/her potential lawyer before making a further move. The website lists lawyers who are dormant or inactive (not certified to practice), suspended or struck off the Roll of Advocates and therefore not allowed to practice and those who are active and certified to practice at that period.
Here a list of Dos and Don’ts when engaging a lawyer in Kenya:
Do the due diligence and ask the necessary questions – Every advocate licensed to practice in Kenya is issued with a practicing certificate by the Law Society of Kenya. As a starting point, when dealing with a lawyer you’ve never dealt with before, always ask for a copy of their practicing certificate. Go a step further because practicing certificates can be forged. The Law Society of Kenya maintains a search engine where you can search for an Advocate by name or admission number. You can access the same here. As an added measure you can also ask for a law firm’s professional indemnity cover and registration documents as well as recommendations from former clients. DO NOT trust a person on the basis of offices, a name plaque and well made suits.
Get a retainer or engagement letter signed – once you are satisfied that a lawyer is a qualified advocate, ensure that there is an agreement in writing capturing key points such as:
The scope of work the advocate is to do for you – this makes it clear what the instructions are so that if the advocate goes beyond the agreed instructions, you can have recourse; and
The agreed fees, whether a lump sum or hourly rates – this prevents a client from being lumped up with unverifiable fees and costs.
DO NOT deposit any funds or hand over custody of sensitive documents before you do the due diligence and sign an engagement letter.
Get everything in writing – when sending original title documents such as certificates of title to land or shares or other assets, always ensure that the firm’s receipt of those documents is acknowledged in writing and the reason for the firm’s custody of those documents is well documented. Remember verbal contracts are not worth the paper they are written on!
