Author: Agencies

The widow of the late Mombasa tycoon, Mohamed Bayusuf, is urging the justice system to expedite her decade-long legal battle involving her late husband’s company, Anwar Mohamed Bayusuf Limited, and a local lender.

Noor Jeizan, Bayusuf’s widow, through the family’s spokesperson and civil rights groups, has appealed to the Chief Justice to hasten the judicial process, citing delays in her case against Diamond Trust Bank (DTB).

The dispute revolves around a Sh. 174 million loan that DTB claims the late Bayusuf had taken, with the bank insisting that it should be allowed to sell the widow’s property to recover the outstanding debt.

However, the family, represented by spokesperson Abdallah Baqor, asserts that the bank’s claims are questionable, and they have been struggling to obtain justice.

Baqor claims that the bank is demanding repayment of Sh. 70 million, a loan is allegedly taken by the late tycoon but questions the validity of the bank’s documentation.

According to Baqor, the loan was purportedly issued after Bayusuf’s death.

“We appreciate the government for allowing us to air our grievances. It’s concerning that the bank is ignoring all directives from relevant authorities regarding this case,” Baqor stated.

The widow’s plight has drawn attention from human rights activists, who have now joined the call for justice.

Farida Rashid, a women’s rights advocate, emphasized the need for the Chief Justice to intervene and ensure the case is resolved promptly.

“We will not give up this fight. It’s disheartening to see a poor widow being subjected to this level of injustice,” Rashid said.

Karama Yahya, another civil rights advocate, urged the government to intervene in the case, which has dragged on for over a decade since Bayusuf died in 2010.

“It is unfortunate that the bank has defied the court’s orders,” Yahya remarked, calling on the government to protect the rights of widows and orphans in similar disputes.

The case is currently being heard in a criminal court, where investigations are ongoing.

The Kenya Electricity Transmission Company (KETRACO) is in the final stages of negotiating a privately initiated proposal with Adani Energy Solutions and Africa50 to construct a 625-kilometre high-voltage transmission line.

If the proposal is adopted, KETRACO proposes to increase electricity tariffs to service the 30-year loan from Adani Energy Solutions and Africa50.

This comes on the backdrop of three widespread power outages that have been experienced this month. The blackout occurred after the Suswa high-voltage line tripped, disrupting the evacuation of 200MW of power from Ethiopia.

Energy Cabinet Secretary Opiyo Wandayi attributed the frequent blackouts to aging transmission infrastructure and inadequate investment in power transmission.

KETRACO is now seeking $5 billion through public-private partnerships to revamp and expand the electricity transmission network by 10,000 kilometers as well as address system reliability and technical losses.

KETRACO is evaluating ten projects under privately initiated proposals. Two foreign firms, Adani Energy Solutions and Africa50, have expressed interest in developing and managing a 625-kilometre high-voltage transmission line for the next 30 years.

Though negotiations are ongoing, Adani is proposing to build 388 kilometres of transmission lines and substations at Ksh 94.4 billion, with a coupon rate of 9.5pc.

Africa50 is also seeking to construct 388 kilometers of the line through a privately initiated proposal. To service the loan, KETRACO is proposing an increase in electricity tariffs.

NEW YORK (AP) — Sean “Diddy” Combs was arrested late Monday in New York, where he faces a sealed criminal indictment, prosecutors announced late Monday.

Details of the charges weren’t immediately announced by prosecutors, but the hip-hop mogul has faced a stream of allegations by women in recent months who accused him of sexual assault.

The U.S. attorney in Manhattan, Damian Williams, said in a statement that federal agents arrested Combs. “We expect to move to unseal the indictment in the morning and will have more to say at that time.”

Combs’ lawyer, Marc Agnifilo, issued a statement saying: “We are disappointed with the decision to pursue what we believe is an unjust prosecution of Mr. Combs by the U.S. Attorney’s Office.”

He added that Combs had gone to New York last week in anticipation of the charges being brought.

“He is an imperfect person, but he is not a criminal,” Agnifilo said.

Combs was arrested in a Manhattan hotel lobby and is in federal custody, said a person familiar with the arrest who spoke with The Associated Press on condition of anonymity because they were not authorized to speak publicly.

The criminal charges are a major but not unexpected takedown of one of the most prominent producers and most famous names in the history of hip-hop.

The federal investigation of the 58-year-old Combs was revealed when Homeland Security Investigations agents served simultaneous search warrants and raided Combs’ mansions in Los Angeles and Miami on March 25.

His defense attorney Aaron Dyer the day after the raids called them “a gross use of military-level force,” said the allegations were “meritless,” and said Combs was “innocent and will continue to fight” to clear his name.

Combs, then known as Puff Daddy, was at the center of the East Coast-West Coast hip-hop battles of the 1990s as the partner and producer of the Notorious B.I.G., who was shot and killed in 1997. But like many of those who survived the era, his public image had softened with age into a genteel host of parties in Hollywood and the Hamptons, a fashion-forward businessman, and a doting father who spoiled his kids, some of whom lost their mother in 2018.

But a different image began emerging in November, when his former protege and girlfriend, the R&B singer Cassie, became the first of several people to sue him for sexual abuse with stories of a steady stream of sex workers in drug-fueled settings where some of those involved were coerced or cajoled into sex.

In her November lawsuit, Cassie alleged years of abuse, including beatings and rape. Her suit also alleged Combs engaged in sex trafficking by “requiring her to engage in forced sexual acts in multiple jurisdictions” and by engaging in “harboring and transportation of Plaintiff for purposes of sex induced by force, fraud, or coercion.”

It also said he compelled her to help him traffic male sex workers Combs would force Cassie to have sex with while he filmed.

The suit was settled settled the following day,but its reverberations would last far longer. Combs lost lingering allies, supporters and those reserving judgment when CNN in May aired a leaked video of him punching Cassie,kicking her and throwing her on the floor in a hotel hallway.

The following day, in his first real acknowledgement of wrongdoing since the stream of allegations began, Combs posted a social media video apologizing, saying “I was disgusted when I did it” and “I’m disgusted now.” Cassie’s lawsuit was followed by at least a half-dozen others in the ensuing months.

In February, a music producer filed a lawsuit alleging Combs coerced him to solicit prostitutes and pressured him to have sex with them.

Another of Combs’ accusers was a woman who said the rap producer raped her two decades ago when she was 17.

Another woman who filed a lawsuit, April Lampros, said she was a college student in 1994 when she met Combs and a series of “terrifying sexual encounters” with Combs and those around him began that lasted for years.

Combs and his attorneys denied nearly all of the lawsuits’ allegations.

While authorities did not publicly say that the lawsuits set off the criminal investigation, Dyer said when the warrants were served that the case was based on “meritless accusations made in civil lawsuits.”

The AP does not typically name people who say they have been sexually abused unless they come forward publicly as Cassie and Lampros did.

As the founder of Bad Boy Records, Combs became one of the most influential hip-hop producers and executives of the past three decades Along with the Notorious B.I.G. he worked with a slew of top-tier artists including Mary J. Blige, Usher, Lil Kim, Faith Evans and 112.

Combs’ roles in his businesses beyond music — including lucrative private-label spirits, a media company and the Sean John Fashion line — took major hits when the allegations arose.

The consequences were even greater when the leaked beating video emerged. Howard University cut ties with him, and he returned his key to the city of New York at the request of the mayor.

A 56 year old chief executive officer of an investment firm has been charged with conspiracy to defraud.

Joseph Oduor Okwaro, the CEO of Lakeview Investment Company was accused of defrauding teachers of millions over the purchase of a parcel of land.

He denied several counts when he was presented before Milimani Principal Magistrate Geofrey Onsarigo.

The charge sheet stated that on unknown dates and place, jointly with others not before court, he conspired to defraud Nairobi Secondary Schools Teachers (1992) housing Project Limited of their parcel of Land LR. 20561 measuring approximately 5.3352 hectares.

According to the charge sheet, the land that in question measures approximately 5.3352 hectares and is valued at Sh250 million.

Oduor is facing other charges of making false Deed plan for the said land. The court heard that he made the document on 14th May 1999, purporting it to be a genuine and valid Deed plan from survey of Kenya.

The court also heard that on or about 26th May 2017 at Athi River area within Mavoko Sub county, the accused person was found in actual possession of the Land.

According to the prosecution, Oduor, without color of right, held possession of the said Land in a manner likely to cause a breach of peace against Nairobi Secondary schools Teachers (1992) housing Project ltd who is entitled by law to be in possession of the said parcel of land.

He was released on a bond of Sh 10 Million or an alternative cash bail of Sh 3 million plus one contact person.

Oduor is set to return to court on 9th October for hearing and determination.

The Kenya Electricity Transmission Company (KETRACO) is facing scrutiny from a legal firm seeking transparency over its reported agreements with Indian firm Adani Energy Solutions, whose sister company is also facing opposition on the Jomo Kenyatta International Airport proposed lease.

In a letter addressed to its Managing Director, John Mativo, law firm IC Law Advocates has requested access to critical information regarding the partnership.

The letter, dated September 11, cites the firm’s right to access public information, as guaranteed by the Kenyan Constitution, demanding full disclosure of the project agreements related to the partnership, the financial capacity of Adani Energy Solutions as the tendering company, the tendering process undertaken for the projects, and an appraisal of the legal, regulatory, social, economic, and commercial viability of the projects.

“We require this information within fourteen (14) days of receipt of this letter. Failure to which we shall exercise our rights in accordance with the law,” read the letter by I.C. law in part.

Additionally, the firm is requesting details on public participation in the decision-making process, approval from the Attorney General, and any letters of support, credit guarantees, or risk guarantees issued by the relevant ministries.

This comes on the back of a strike by the Kenya Aviation Workers Union on Wednesday.

Several passengers were stranded at the airport as the aviation workers dropped their tools over the controversial deal.

There were long lines of stranded travellers after boarding and takeoff were delayed, sparking an outrage.

The strike has been building up for weeks now and followed a notice issued by KAWU last month, where it strongly opposed the proposed leasing of JKIA to the Indian conglomerate Adani Group.

It also followed the collapse of talks between the union and government officials.

Aviation workers have over the past few weeks voiced opposition to the proposed lease of Jkia to Adani Group, an Indian airport operator.

However, the government says that the company is only set to invest in a second runway and refurbishment of the existing facilities at JKIA.

Last month, KAWU called off its planned strike that was set to kick off on September 1, 2024, to review lease deal documents provided by the state regarding the deal.

Adani Energy Solutions is India’s largest private sector transmission corporation.

Detectives in Nairobi have arrested a man suspected of defrauding Kenyans under the guise of forex trading.

Daniel Mbugua Njogu, also known as Dan, aged 30, was arrested at his residence in the Kimbo area following extensive investigations into fraudulent activities that misled and exploited members of the public seeking financial gains through forex investments.

The DCI through a statement said that his arrest confirms the investigative agency to tackle financial crimes and protect citizens from fraudulent schemes.

“Individuals who may have been deceived by Njogu’s actions or who may have lost money are urged to come forward and report their cases at the DCI’s Nairobi area offices,” said DCI boss Mohamed Amin.

He called on Kenyans to exercise caution when engaging in forex trading or any other online investment activities.

“It is crucial to verify the legitimacy of brokers and trading platforms before entrusting them with any amount of money,” he added.

He called on members of the public to be wary of offers that seem too good to be true and ensure that all investments are made through licensed and regulated entities.

A parliamentary committee has unearthed a scandal in which corrupt National Health Insurance Fund (NHIF) officials stole a whopping Sh21 billion in just 12 months by purporting to settle non-existent debts.

To steal the funds, the officials opened a “creative account” during the financial year ending June 2022, opened liability accounts from which the billions were deposited, purportedly to settle the “debts.”

The billions which were channeled to the accounts were drawn from civil servants’ schemes (Sh2.9 billion), Eduafya Scheme (Sh4.1 billion), county schemes (Sh525.3 million), parastatals (Sh780.7 million), retirees schemes (Sh 191 million) and Linda Mama (Sh2.3 billion), according to the Public Petitions committee of the National Assembly.

No money to pay

“The mandarins opened liability accounts knowing very well that they had no money to pay and went on to spend money held on behalf of other state agencies to pay without informing the members,” said committee member, Ernest Kagesi.

“This is hot. Sh21 billion was stolen just by paying non-existing liabilities. We will get to the bottom of it,” Kagesi who chaired the meeting said.

The petition by Bernard Muchere, a Fraud Risk Management consultant states that NHIF was deprived of the money through fictitious ineligible Incurred But Not Reported (IBNR) claims created in the financial year ending June 30, 2022.

He argues that since there is no evidence of a sinking fund bank account wherein the retained earnings were supposed to be deposited, it follows that the retained earnings were only book entries.

“It therefore means that IBNR claims reserves were created from book entries and that no liquid money was set aside,” Muchere said.

Fictitious claims

He says that offsetting of fictitious unbudgeted IBNR claims of approximately Sh21 billion with the members’ scheme contributions created a huge shortfall of NHIF funds causing serious financial difficulties that were experienced in the latter part of 2022 and up to date to the extent it drastically scaled down the patient benefits and failed to cover adequately comprehensive benefits, thus, putting most Kenyans in a serious health quagmire.

According to the petitioner, an Incurred but not Reported (IBNR) is a type of reserve account used in the insurance industry as a provision for claims and/or events that have transpired but have not yet been reported to an insurance company.

“IBNR is used by insurance companies, particularly along the eastern Gulf Coast of the United States where Hurricanes and other natural disasters are common. After a storm hits, an actuary estimates potential damage to infrastructure and the claims that may be anticipated. Based on this analysis, money is then set aside in a reserve to pay for claims,” the petitioner explains.

“This is the reason why during the period NHIF members were being told that their cards were invalid, simply because the money had been siphoned and the coffers were empty,” Muchere said.

Asked by Kuria East MP Maisori Marwa why he did not report the matter to the investigative agencies like the DCI or the Ethics and Anti-Corruption Commission (EACC) considering its magnitude, Muchere said he opted the parliament way owing to the past experiences over such scandals.

The petitioner avers that upon undertaking a fraud examination on financial statements in respect of the NHIF for the year

A 61-year-old German National and his 47-year-old Kenyan accomplice have been charged with obtaining over Sh21 million from a Swiss national.

Richard Heineg Olaf and Julius Kirimi Muthuri were presented before Milimani Senior Principal Magistrate Robinson Ondieki where they denied the fraud charges.

Kirimi and Heineg- who is said to be the chief executive officer of Euro Future Africa and the Director of Dream Couple Safaris of Kenya and Uganda, were accused of conspiring to steal the amount on diverse dates between November 14, 2023 and March 4, 2024.

The duo are accused of conspiring to steal USD 163,490 from Roger Gahwiler, by falsely pretending that they were in a position to facilitate transportation of an alleged gold consignment weighing 700 kilogram.

They are further accused of stealing $30 million in cash belonging to Gahwiler which was to be transported from Kenya to Turkey.
The court heard that Kirimi and Heineg also jointly obtained from Gahwiler $163,490 by falsely pretending that they were in a position to facilitate the shipment of the gold consignment from Kenya to Turkey.

They two were arrested at Red Ruby Hotel along Ojijo Road in Parklands.

According to DCI ,the victim fell into the hands of the two scammers after he was informed by his ailing father who had worked in Ghana that about twenty years ago and had acquired some property in Ghana which he later sold and left the proceeds under the custody of a trustee in Ghana.

In pursuit of this treasure, he connected with a Ghanaian lady namely Mamee Efua Esong who was the translator during the transaction and proceeded to contact and meet her in the year 2020.

This lady claimed to be familiar with his father’s earlier transactions and confirmed to him that the proceeds of the sale of the property were available to a tune of $62.8 million but the same needed a special purpose company for ease of transfer.

The Swiss national was tricked into registering a company that was to be used to transfer the money to his home country but not before paying taxes and facilitation money to the scammers in Ghana, Dubai, Tanzania, Uganda and later Kenya all in a bid to have his father’s consignment move to Switzerland.

While in Kenya, he was introduced to Heinig who would later enjoin Kirimi in November, 2023 who claimed to own Lawsam Security Company which was hired to transport and store the cargo which was allegedly inspected and stored in a Nairobi airport where he would later be denied access to the containers forcing him to part with approximately USD 400,000 to the suspects in facilitation fees.

The court is to deliver its ruling on 13th September.

City lawyer Donald Kipkorir has escalated his fight with Muthaiga Country club to the government as he now seeks the immigration status of senior officials of the club.

In a letter to director general immigration services Evelyn Cheluget, lawyer Kipkorir is demanding to know the immigration status of the club’s chief executive officer Christian Vater and twelve other officials.

Other than the CEO, Kipkorir wants Cheluget to supply him with immigration status of Kush Bharat Bhardwaj, Jonathan Stewart Philip Coulson, Michael Turner Alan, David William Stogdale , Anthony Mcewen Cleggbutt and Gordon Weston Sinclaire.

Others are Matthew Rudd John Bevil, Vijay Vashdev Gidoomal, Roger Bebbington, Jessica Gail Paul to Michael Turner Alan and George Theobald Carmichael.

The letter comes a few days after Kipkorir obtained temporary court order directing the club to allow him access to the club, when he is invited by his client, who are members of the club.

Kipkorir has named the 13 individuals alongside Muthaiga Country club in the petition, pending before the High court.

High Court judge Chacha Mwita told the club to allow the city lawyer access to the club until October 15, when the court will hear his petition.

Kipkorir sued the club last week, alleging that he was barred from accessing the premises at the invite of club members who are his clients.

He said he had been denied entry to the club on two occasions, a move that impeded his work as an advocate.

Kipkorir said the latest incident happened last month after he was invited by his client Julie Scott, the chief executive officer of a travel company.

In the suit where he is seeking damages, Kipkorir said Muthaiga Country Club cannot operate like white-man’s entity in the pre-colonial state where Africans were segregated into settings and their core rights severely restricted and violated.

“In essence, it is impermissible to deny me entry into the club. Indubitably, the denial discriminates against me, and violates my right to dignity, movement into any part of Kenya,” says Kipkorir in his court documents.

He wants the court to issue permanent injunction restraining the Club and its officials from denying him access to the premises, at the invitation of members of the club.

A senior Manager at the Kenya Revenue Authority has revealed how she was sacked after she refused to grant preferential treatment to children of Chairman Antony Mwaura during an auction of cars at the Port of Mombasa.

Ms Rosemary Njeri Mureithi, a former Chief Manager of Kilindini Port in Mombasa, alleges that she was fired in August last year after refusing to implement an order by Mwaura to allocate auction cars and tyres to his children through a private treaty.

In the petition filed at the Employment and Labour Relations Court at Milimani, the former Manager alleges that turning down this request later proved costly to her.

“I told them the request was not reasonable and procedural as the auction was governed by a legal and regulatory framework as established by the East African Customs Management Act 2010…contravening the foregoing would trigger legal consequences against the respondent (KRA),” she says in an affidavit filed in court.

Ms Mureithi has sued KRA demanding compensation for illegal sacking, accrued gross income of Sh6.9 million and gratuity of 9.4 million.

The KRA has denied the claims stating that Ms Mureithi will be put to strict proof of the same,’’ KRA says in response.

The taxman says her sacking was done lawfully and that Ms Mureithi consented to the said terms and conditions of service, which she signed on September 22, 2022.

She said she was barely seven months into her new role as Chief Manager of Kilindini Port in Mombasa when, on May 31 2023 her employer terminated her contract without any prior indication that she had breached any of her contractual obligations.

Her lawyer, Kubo Mwakichako, says she wrote to KRA about a month later appealing the decision to terminate her employment but the employer wrote back confirming and upholding the sacking on August 11, 2023.

Mr Mwakichako said before that, Ms Mureithi rights to access the KRA operating system were deactivated on February 23, 2023 and was subsequently placed on a three months compulsory leave.

He said Ms Mureithi further recalled being visited by Mr Mwaura’s two children and another person. She allegedly explained to them the procedures of an auction.

The children allegedly sought to be given preferential treatment by not participating in the auction, so that they could purchase the cars and tyres through private treaty.

According to the former Manager, the Commissioner, Customs and Border Control Department acknowledged the conduct of the auction after it fetched substantial revenue for the KRA.

But a few days later, Mr Mwaura allegedly visited her office at the Mombasa Port where he complained that the auctions being conducted by the staff including myself were a sham and he allegedly threatened to take relevant action.

“From the foregoing, it’s clear that my termination by the respondent was occasioned by strict adherence to rules and procedures governing a public auction that was under my control,’’ she said, maintaining that she believed that she lost her job for refusing to grant the favours sought.

A man has been charged with fraudulent disposition of mortgaged goods and obtaining Sh3.5 million through fraudulent tricks.

Mark Oscar Shikali is accused of disposing a mortgaged motor vehicle without the consent of Sidian Bank, the mortgagee.

Shikali is alleged to have committed the offense on diverse dates between 1st September 2023 and 10th August 2024 at unknown place within Nairobi County, with intent to defraud.

The accused is also facing a charge of cheating.

The court heard that by means of fraudulent tricks, Shikali obtained Sh 3,559,800 from Peter Michael Mwaura Kisuri by pretending that he was in a position to sell to him a vehicle that he repossessed fraudulently.

He denied the charges when he appeared before Senior Principal Magistrate Martha Nanzushi.

The court ordered him to deposit cash bail of Sh 100,000.

The accused person was also directed to provide two contact persons upon payment of the cash bail.

The case will be mentioned on 13th September 2024 for pre-trial.

Rwandan President Paul Kagame has sacked senior military officers in the latest purge of the country’s disciplined forces.

Among those shown the door is Major General Martin Nzaramba, Colonel Dr Etienne Uwimana and 19 other senior and junior officers for misconduct.

According to a statement released by Rwanda Defense Forces (RDF), the President also authorised the dismissal and contract termination of 195 other military personnel of various ranks from the army.

Brigadier General Ronald Rwivanga, the RDF spokesperson, told local media that Maj-Gen Nzaramba was dismissed due to corruption and mismanagement of funds meant for the welfare of soldiers when he headed the Nasho Military Training Institute.

He said Col Dr Uwimana was fired for violating the military code of conduct and for grave mistakes he made, without giving details.

The spokesperson said others were also dismissed for corruption and other forms of misconduct that violated military regulations.

The dismissals came a day after President Kagame met with the top military brass to discuss the country’s security priorities. Details of the meeting were not released to the media.

RDF has often taken a tough stance on the conduct of military officers, and dismissals have included high-ranking officers. One such case was that of Maj-Gen Aloys Muganga, who was dismissed for what the force said was due to excessive alcohol consumption. Brig Gen Francis Mutiganda was sacked for insubordination in 2023. Some 228 other soldiers of various ranks had their contracts terminated or were dismissed.

Maj-Gen Nzaramba, the latest high ranking military officer to be dismissed, had been retired in August 2023, along with other senior officers.

It is not yet clear how he was dismissed, but it is common practice for retired officers to continue working as part of the reserve forces or in some other capacity.

RDF code of conduct stipulates that any officer who engages in activities that undermine the integrity of the military profession, such as drunkenness, drug abuse, or any behavior that puts the institution under disrepute, sets him or herself up for dismissal.

Serious violations of military values, a soldier caught in acts of corruption, intrigue, or formation of factions can also lead to dismissal.

Colonel Dr Uwimana, one of those dismissed, had a long service record at Kanombe Military Hospital, including a stint as head of the hospital’s radiology department.