Tag: Justice Esther Maina

  • Tareef Enterprises Directors Fail To Take Plea In Sh14M Fraud

    Tareef Enterprises Directors Fail To Take Plea In Sh14M Fraud

    The directors of a construction firm have obtained court orders stopping the Director of Public Prosecutions Renson Ingonga from preferring charges against them in a Sh 14 million business deal following an order issued by the High Court.

    When the directors of Tareef Enterprises Ltd appeared before a Milimani magistrate for plea taking, their lawyer informed trial magistrate Benmark Ekhubi that the High court had stopped the case.

    Ahmed Mohammed Karshe, Ali Sheikh Hassan and Abdulaziz Mohamed Karshe had already presented themselves in court to answer to the charges when their lawyer told the magistrate that the plea taking had been stopped.

    The lawyer informed the court that the High court issued orders restraining the DPP and Inspector General of Police or their agents, from arresting and charging them.

    Court documents stated that the firm’s directors were being sought by police officers from Kayole Police Station with the blessings of the DCIO, without reasonable cause.

    “They cannot live peacefully at their own homes or at their business as they are fearing against imminent arrest without any justifiable cause,” court heard.

    The court heard that their rights to security of person have been breached severally, and they were apprehensive of continued breach of their rights by the said police officers.

    They further said the office have continuously threatened and intimidated them through the use of mobile phones whereby the incoming calls are all marked as “private number”.

    On the 5th of February 2024, they said they were summoned by the DCIO Embakasi Police Station to record statements regarding their company, and where they had a business agreement to be supplied road construction materials by another company called Tradents Construction company works limited.

    The DCIO found that the issue was purely a civil issue hence directed the parties to explore civil remedies in the matter.

    This led to the directors of the said Tradents Construction company ltd agreeing with the four directors of Rafeef Enterprises ltd to pay Tradents Construction company ltd through instalments in an agreement dated the 5th of February 2024.

  • Businessman Files Petition With JSC Over Bribery Claims Against Justice Esther Maina

    Businessman Files Petition With JSC Over Bribery Claims Against Justice Esther Maina

    High Court judge Justice Esther Maina sent a university student to collect a Ksh2.5 million from a businessman whose assets were frozen last year by the State, a petition lodged before the Judicial Service Commission (JSC) indicates.

    According to the petition filed by the trader Kepha Kefa Odiero, the judge demanded the bribe to facilitate the lifting of the preservation orders relating to his Ksh53 million held at the National Bank of Kenya and his two high-end motor vehicles.

    Through lawyer Ndegwa Njiru, the trader claims that he met the student Anthony Manyara, who is also the leader of the University Students Union, at Jaffery sports Ground situated along Lavington in Nairobi county on September 7, 2023, at 8;30 pm.

    Odiero says he was accompanied by his friend Kennedy Kariithi.

    “In the said meeting Manyara informed me that he had been sent by Hon. Lady Justice E. N Maina with the information that said the Judge was willing to help me with the case, and that she would assist me secure the release of my properties on condition that I agree to give or part with the sum of Ksh2.5 million,” Odiero states.

    The trader adds that Manyara also informed him that the money was to be appropriated towards bribing the said judge.

    “He further confirmed to me that he had the confidence and the blessings of the judge to collect and deliver the said amounts to her and that the said Manyara confirmed that he was closely working with the judge as her conduit on other matters that were pending before her,” Odiero petition filed at JSC states.

    According to the businessman, Manyara informed him that Justice Maina had advised him to instruct his advocate to file a certificate of urgency and an application seeking the lifting of the preservation orders.

    “As a means of demonstrating his contact to the judge, the said Anthony Manyara sent a screenshot from his mobile phone and on the said screenshot the following information was noted; “Facilitate 4 all reasons asset recovery has not proved that the money which is in the account USD 360,000 equivalent to Ksh53 million is not proceeds of crime. The Mercedes Benz and Range Rover shall be found as assets which were bought with legit money. Tell your lawyer to do a certificate of urgency, he needs part of the money to pay bills e.g. Employees, rent, school fees, food”,” Odiero says.

    The businessman says he declined the invitation to give a bribe to Justice Maina as requested by Manyara saying he was not in the habit of bribing Judges.

    Anthony Manyara.

    Upon the refusal to part with the bribe, Odiero says that Manyara thereafter made numerous and persistent calls to me threatening that if failed to comply with the solicited demands, any application that he would file before Maina would be dismissed irrespective of its merits and the judge would go ahead and grant orders of forfeiture of my properties as and when the same was filed.

    “Despite the said threats I nevertheless went ahead and filed the application dated September 8, 2023, which was subsequently dismissed by the said judge on November 24 as had been promised by Manyara,” Odiero tells JSC.

    In his complaint filed before JSC, the businessman now wants the judge to be investigated and removed from the judiciary for gross misconduct.

    “This complaint is lodged pursuant to Article 172 (1) (c) of the Constitution to wit. I am inviting the commission to investigate the conduct of the said judge and subsequently take the appropriate action so as to safeguard the integrity and the propriety of the judiciary,” he seeks.

    Further, Odiero has filed a separate application in court seeking to have Justice Maina disqualify herself from further handling his case on the grounds that she will be biased owing to the fact that he has resisted and declined the invitation to offer a bribe as sought by Manyara.

    “The applicant having filed a complaint against this court before JSC, he is thus overly apprehensive that the Hon. Judge is likely to be biased against him, and that this is a classical case where a judge ought to recuse herself,” Lawyer Ndegwa states.

    According to the trader, he wants the judge not to hear his case, adding that he is apprehensive that Maina will not dispense substantive justice.

    “In that regard it’s only fair, just and equitable that the file be forwarded to the presiding judge of this division(Anti-Corruption High Court Division) for the purposes of appointing a neutral court that will hear and determine the pending application,” Odiero says.

    The trader says the link between the said university student – Manyara and the court has completely eroded his confidence in the court adding it has further weathered his legitimate expectations that it will dispense with substantive justice.

    “I am very apprehensive that if this court continues to adjudicate over this matter I will suffer irreparable loss and prejudice as it will further punish me for failing to oblige in payment of the solicited bribe thus infringing on my rights as enshrined under Article 50 of the Constitution of Kenya 2010,” Odiero states in his recusal application papers.

    Following the formal filing of the application for disqualification, Justice Maina on Tuesday, January 16, 2024, directed Odiero’s lawyer to serve all parties in the case with the application.

    The case will be mentioned on January 22, 2024, for directions.

  • Intelligence Captures Another Sh44.4M Wired From Notorious International Money Launderer Marc De Mesel

    Intelligence Captures Another Sh44.4M Wired From Notorious International Money Launderer Marc De Mesel

    It’s feeling darker for the Belgian National Marc Freddy H De Mesel a supposed cryptocurrency guru who for the past months has been on the spotlight for alleged money laundering. He’s now been profiled By Kenyan security agencies as a money launderer.

    In reported instances, De Mesel has relentlessly been trying bring his funds to Kenya through different women whom he say to be his lovers.

    In yet another attempt, this time a man, has been thwarted.

    In a case filed under certificate of urgency Assets recovery Agency (ARA) wants the USD 390,038.72 equivalent to Sh. 44,425,410.21 belonging to businessman Timothy Waigwa Maina held at Stanbic Bank, frozen pending the filing of a petition of forfeiture.

    “There are reasonable grounds and evidence demonstrating that the funds held by Waigwa in the specified bank account are direct or indirect benefits, profits or proceeds of crime obtained from a complex money laundering scheme and are liable to be forfeited to the State under the Proceeds of Crime and Anti-Money Laundering Act,” added the agency.

    According to court documents, Waigwa is suspected to be part of a syndicate involved in a complex money laundering scheme involving a Belgian National Marc Freddy H De Mesel.

    He first received Euros 370,990 in one transaction on April 6, 2021 in his closed bank account at Standard Chartered Bank account drawn from various jurisdictions including Belgium on the pretense that the fund is a “gifts made in favour of the Waigwa”.

    ARA argue that there is imminent danger Waigwa might dispose, transfer and dissipate the money unless the court issues preservation orders.

    “It is in the interest of justice that preservation orders do issue prohibiting Waigwa or his agents or representatives from dealing in any manner with the aforementioned assets,” said ARA.

    The Agency received information into a suspected case of money laundering schemes, and proceeds of crime involving multiple money transactions from foreign jurisdiction whose source could not legitimately be established.

    The agency argues that preliminary investigations have established that Waigwa executed a complex scheme of money laundering designed to conceal, disguise the nature, source, disposition and movement of the illicit funds, suspected to constitute proceeds of crime and which are the subject matter of the application.

    Girlfriend

    Felesta Nyamathira Njoroge, a college student used by De Mesel as his ‘girlfriend’ to wire hundreds of millions, is at risk of losing Sh109 million after Asset Recovery Agency filed a formal application to have her forfeit the money for being proceeds of crime.

    According to the agency, she is part of an international ring of fraudsters engaged in money laundering.

    “We have discovered that she is part of a syndicate involving complex money laundering schemes with individuals from various countries including Belgium from where she received the money on the pretext that it was a gift from her boyfriend,” said ARA through lawyer Stephen Githinji.

    The agency wants Njoroge’s USD914,967 (Sh104,205,591) held at Co-operative Bank and Sh5 million held at Stanbic Bank to be forfeited to the State over allegations that she was being used by her foreign partners as a conduit for the illicit funds.

    ARA had in November last year obtained an order freezing Njoroge’s accounts for 90 days to complete investigations into the allegations of money laundering.

    Githinji told the court that after completing investigations, they have established that the 21-year-old student at Nairobi Technical Training Institute executed a complex scheme of money laundering designed to conceal and disguise the nature and sources of her funds.

    “There are reasonable grounds and evidence demonstrating that the funds are direct and indirect benefits of proceeds of crime obtained from an international money laundering scheme and are liable for forfeiture to the government,” said Githinji.

    The agency’s investigator Fredrick Musyoki said they discovered that Njoroge opened the dollar account at Co-operative Bank on August 2, 2021 with nil balance but within four days, the account had been credited with USD914,967 (Sh104,205,591) in four transactions.

    According to the investigator, Njoroge had indicated that the money was a gift from her Belgian boyfriend Marc De Mesel.

    “Our investigations established that she opened the accounts for the sole purpose of receiving the said funds which she declared the source to be from her boyfriend for her to invest in land projects and traveling,” said Musyoki.

    The investigator stated that when they summoned Njoroge for questioning over her source of funds, she escaped to Tanzania by crossing the Namanga border as a pedestrian on October 2, 2021.

    Musyoki added that De Mesel, who was in the country at the time, also escaped using the same route to Tanzania. According to the investigator, De Mesel transferred a total of Sh650 million to five different individuals between February 2020 and August 2021 without disclosing the source of the funds.

    Another ‘girlfriend’

    In another familiar incident, De Mesel sent Tebby Wambuku Kago, a friend of Felista Njoroge Sh102.8m ($909,900) in what is loosely modeled pattern of fraud that any intelligence agency can knit, anti-corruption court ordered that the money held up at Kago’s account be frozen last year in December.

    Justice Esther Maina was told that Kago received the Sh108 on August 10, 2021, and an additional Sh37m in early November 2021.

    However, when ARA accessed Kago’s account, it was discovered that out of the total Sh139.8m, her Equity account had only Sh102.8m.

    Records indicate that the money was wired into Kago’s account by Felista Njoroge’s Belgian boyfriend, Marc De Mesel.

    Unlike Felista, who was introduced in court as a 21-year-old student of Nairobi Technical Training Institute (NTTI), Kago’s age or occupation wasn’t given.

    The only hint at her occupation was “self-employed businesswoman” as per court documents.