Tag: Stanbic Bank

  • Lloyd Masika Probed for Fraud as Stanbic Bank Exposed for Incompetence in Due Diligence

    Lloyd Masika Probed for Fraud as Stanbic Bank Exposed for Incompetence in Due Diligence

    A storm is brewing in Kenya’s financial and real estate sectors after the High Court in Nairobi ordered top property valuer Lloyd Masika Limited to bare its financial soul to Stanbic Bank Kenya, in a case that has laid bare staggering negligence, inflated valuations and apparent incompetence in bank due diligence.

    Justice Aleem Visram, sitting at the Milimani Commercial Court, directed the firm to surrender its audited financial statements, bank accounts, title deeds and company books to Stanbic Bank within 21 days, as part of efforts to trace assets that could settle a massive KSh 58 million decree.

    The court warned that should evidence of concealment or fraudulent transfer of assets emerge, the corporate veil could be lifted — effectively placing the company’s directors in the legal crosshairs.

    The sensational case traces back to February 2018, when Lloyd Masika, one of Kenya’s oldest and most respected valuation firms, priced three properties in Machakos County at an open market value of KSh 87 million and a forced-sale value of KSh 56.5 million. On that basis, Stanbic Bank advanced a loan facility to a borrower.

    But when the borrower defaulted, a fresh revaluation exposed a shocking reality — the same properties were now worth only KSh 17 million and KSh 13.1 million respectively. The eye-popping discrepancy, nearly KSh 70 million off the mark, sparked outrage within the banking sector and sent alarm bells ringing about the integrity of professional valuations.

    Stanbic Bank, left nursing a colossal loss, accused Lloyd Masika of gross negligence and submission of false valuation reports.

    The dispute went to arbitration, and in December 2021, the arbitrator ruled squarely against Lloyd Masika, holding the firm liable for KSh 40 million in losses plus costs, pushing its total liability to about KSh 44 million.

    However, years later, the bank is still chasing shadows. A public auction of Lloyd Masika’s assets raised a paltry KSh 1.13 million, of which just KSh 706,335 reached Stanbic.

    With over KSh 57 million still outstanding, the bank turned to the courts — demanding access to the firm’s financial innards to determine whether it is hiding assets or operating on empty promises.

    In a striking twist, Lloyd Masika’s directors fought back, accusing Stanbic of blackmail and embarrassment tactics, arguing that they already hold a KSh 500 million professional indemnity policy with UAP Insurance, which they claim can satisfy any decrees.

    The firm contends that the bank’s demand is premature since the insurance litigation is still ongoing.

    But Justice Visram dismissed the argument, saying the insurance claim does not excuse the company from disclosing its books.

    “The purpose of Order 22, rule 35 is to enable a decree-holder to obtain information on a company’s assets and financial affairs,” the judge ruled, stressing that “whether the insurance claim ultimately satisfies the decree is a separate matter.”

    For a firm that once stood as a pillar of Kenya’s real estate market — managing prime commercial buildings, luxury residences, and multi-billion-shilling developments — the ruling is a devastating blow to its reputation.

    It now faces public scrutiny and possible deeper probes into its valuation practices, which could shake investor confidence and trigger a wider regulatory reckoning.

    But Stanbic Bank is hardly emerging unscathed. Industry insiders say the case exposes the bank’s lax due diligence and failure to independently verify valuations before lending. Critics argue that for an international financial powerhouse, the bank’s internal controls appear embarrassingly porous, leaving it vulnerable to shoddy appraisals and costly misjudgments.

    “This is what happens when banks get too comfortable outsourcing critical risk assessment to third parties without proper oversight,” said one senior banking analyst, who asked not to be named because of the sensitivity of the matter.

    The fallout from this case could be seismic. Regulators may be forced to tighten oversight on property valuers and re-examine how commercial banks validate collateral. Meanwhile, Lloyd Masika’s directors are preparing for what could become a forensic unmasking of their corporate operations, as the possibility of the court lifting the corporate veil looms large.

    For now, both corporate giants — one in real estate, the other in banking — find themselves on trial in the court of public opinion.

    Lloyd Masika faces questions about professional integrity, while Stanbic Bank must answer how such a massive valuation scandal slipped through its systems. The Machakos valuation fiasco has not only dented reputations but also reopened debate on the fragile trust underpinning Kenya’s property and financial markets.

    The courtroom lights are still on, the files are open, and the reckoning has just begun.

  • Stanbic Pays Sh32M for Blunder That Cost Customer Lucrative Tender Deal as Bank Warns of New Wave of Fraud

    Stanbic Pays Sh32M for Blunder That Cost Customer Lucrative Tender Deal as Bank Warns of New Wave of Fraud

    Lender faces double blow as Court of Appeal upholds damages award while midnight fraud cases surge among millennials

    Stanbic Bank Kenya is grappling with a costly legal defeat and rising fraud incidents, highlighting the evolving challenges facing the banking sector in an increasingly digital landscape.

    The Court of Appeal has upheld a Sh32.4 million damages award against the bank for a clerical error that cost Kenya Haulage Agency Limited a lucrative government contract.

    The case, which dates back to 2011, centered on a seemingly minor mistake that had major financial consequences.

    The Costly One-Day Error

    The trouble began when Kenya Haulage Agency Limited bid for a Kenya Ports Authority (KPA) tender to supply 10 pneumatic rubber fenders.

    The company instructed Stanbic Bank to issue the required tender security of Sh250,000, valid for 120 days as specified in the tender documents.

    However, the bank issued a bid bond valid for only 119 days instead of the required 120 days.

    This single-day discrepancy proved fatal, as KPA disqualified the company’s bid for non-compliance with the mandatory bond validity period.

    In their June 5, 2025 judgment, Court of Appeal Justices Agnes Murgor, Pauline Nyamweya, and George Odunga ruled that the bank’s error was both foreseeable and directly caused the client’s loss.

    “The loss of the actual tender was not only foreseeable but also a proximate loss in the circumstances, given the appellant’s actual knowledge as regards the purpose of the bank guarantee,” the judges stated.

    The court found that Stanbic Bank owed a duty of care to its client and that the failure to follow express instructions amounted to negligence.

    Kenya Haulage Agency had already secured goods for delivery and stood to make a profit of $250,860 (Sh32.4 million) from the contract.

    A New Breed of Fraud

    As Stanbic deals with the fallout from this legal setback, the bank is simultaneously warning customers about a surge in sophisticated fraud schemes targeting digital banking users.

    Abraham Ongenge, Head of Personal and Private Banking at Stanbic Bank, revealed that fraud incidents are increasingly occurring during late-night hours, particularly between midnight and 1 AM on Friday and Saturday nights.

    The primary targets are millennials – individuals born between 1981 and 1996 – who are more likely to be out socializing and using digital payment platforms.

    “We are seeing a lot of fraud attempted on digital channels through some form of social engineering,” Ongenge explained during a recent media briefing.

    “The consequence is that customers are losing money through tactics like people calling and posing as bank employees, asking for personal information to access accounts.”

    The fraud patterns reveal how criminals are adapting to modern banking habits.

    Many incidents involve social engineering tactics where unsuspecting customers in social venues are tricked into revealing passwords and other confidential information.

    After millennials, baby boomers – those born between 1946 and 1964 – are the next most targeted group due to their substantial savings.

    The fraud wave has also infiltrated the corporate sector, with criminals impersonating bank CEOs to deceive companies.

    These sophisticated schemes involve fake emails that appear to come from bank executives, instructing firms to redirect payments to fraudulent accounts.

    “They are changing email addresses and posing as chief executive officers, informing companies about changes of accounts and asking them to pay money into different accounts,” Ongenge warned.

    The twin challenges facing Stanbic Bank – the legal defeat and rising fraud incidents – underscore the complex operational environment in which modern banks operate.

    The Court of Appeal ruling serves as a stark reminder that even minor administrative errors can have significant financial consequences, while the fraud surge highlights the need for continuous investment in customer education and security technology.

    As Ongenge noted, “The journey of banking has changed. We cannot move out of digital spaces. We have to be more responsible in investing in awareness and technology that allows us to protect our customers.”

    The Sh32.4 million judgment against Stanbic Bank, combined with the rising costs of fraud prevention and customer protection, illustrates the mounting pressures on financial institutions to maintain operational excellence while adapting to an increasingly digital and risky environment.

  • Stanbic Bank Wins Battle to Auction Jubilee Party’s Former Headquarters

    Stanbic Bank Wins Battle to Auction Jubilee Party’s Former Headquarters

    A Nairobi court has given Stanbic Bank the green light to auction the Emani Centre, the former headquarters of the once-powerful Jubilee Party.

    The building’s owner, Florence Wairimu Mbugua, is drowning in a loan debt of Sh192 million. She blamed her financial troubles on a mass exit of tenants after the 2022 elections.

    Despite repeated pleas for intervention and promises of repayment, the High Court has ruled against her.

    Now, the towering office block that once housed Kenya’s ruling party is up for grabs in a public auction.

    Court backs Stanbic Bank's Bid to Auction Jubilee Party headquarters

    Court backs Stanbic Bank’s Bid to Auction Jubilee Party headquarters

    Stanbic Bank has finally secured court approval to auction the Emani Centre, located in Nairobi, after a long legal tussle with the building’s owner, Florence Wairimu Mbugua.

    Mbugua defaulted on a Sh192.2 million loan, which she had taken using the building as collateral. Her hope was that rental income from prime tenants—especially the Jubilee Party—would sustain repayments. However, her finances collapsed after the Jubilee Party and other occupants vacated the premises shortly after the 2022 general election.

    She argued that her rental business suffered a major blow and that she was trying to settle the debt by selling another property, Muringa Brothers Limited, which is still under subdivision.

    Mbugua’s plea to halt the auction fell flat in court. High Court Judge Peter Mulwa dismissed her application, terming it a repeat of two earlier requests made in 2022 and 2023. Both had already been thrown out.

    Stanbic Bank, represented by its manager for recoveries, Amos Mugambi, presented evidence that this was the third time Mbugua had tried to block the sale of the same property. The court found no new facts in her latest request.

    “All three applications seek injunctive relief, principally restraining the bank from selling the Emani Centre. The core issue in all the applications is the same—whether the bank should be stopped from exercising its statutory power of sale over the property,” Judge Mulwa ruled.

    Debt spirals beyond control

    Stanbic Bank told the court that Mbugua had failed to make meaningful repayments. The last update, as of April 2024, showed that she still owed Sh192.2 million, with Sh91.3 million in arrears—not including accumulating interest.

    Despite several warnings and periods of leniency, the bank said she had not lived up to her obligations. Stanbic stressed that the loan agreement gave it the power to sell the building once a default occurred.

    Mbugua, on the other hand, insisted that she was doing everything possible to avoid the auction. She claimed that delays in selling her alternative property were beyond her control and that she had already secured potential buyers.

    Still, the court found that this did not excuse her from her loan obligations or justify stopping the auction process. The judge made it clear that no fresh justification had been presented that could overturn the earlier court decisions.

    Jubilee Party Headquarters Now A symbol of political collapse

    The Jubilee Party once held power at the highest levels of government. Its former headquarters, the Emani Centre, stood tall as a symbol of its strength.

    Today, it stands empty and neglected, echoing the party’s political downfall after the 2022 elections. The party’s sudden exit from the premises triggered a loss of rental income that Mbugua depended on to repay the Stanbic loan.

    That exit has now come full circle—helping trigger the property’s forced auction. With the court’s final say, the building is now set to be sold off. Interested buyers are already circling, ready to bid for a piece of what was once a political powerhouse’s nerve center.

    As Stanbic Bank proceeds with the auction, the story of Emani Centre is no longer just a financial matter. It’s a potent symbol of how quickly fortunes—both political and economic—can collapse in Kenya.

  • South Sudan Threatens To Shutdown Stanbic Bank In Sh722M Row With Airline

    South Sudan Threatens To Shutdown Stanbic Bank In Sh722M Row With Airline

    South Sudan’s banking regulator has threatened to suspend Stanbic Bank’s licence within 14 days in an escalation of a Sh722 million dispute pitting the lender and an airline.

    In his letter to the lender, Bank of South Sudan (BOSS) Governor John Ohisa directed Stanbic Bank South Sudan to immediately cooperate with the country’s investigative bodies concerning the dispute between it and Air Afrik.

    He also directed Stanbic to re-register its subsidiary as a stand-alone unit in compliance with the country’s laws and discussions.

    The governor said BOSS would crack the whip if the lender did not heed the directives.

    “As the regulator, we hereby direct Stanbic Bank South Sudan to immediately co-operate with the Financial Intelligence Unit (FIU), the Anti-Corruption Security Division, and all relevant investigative and legal authorities by ensuring full disclosure and documentation relating to the allegations and recording of statements by required personnel from your bank,” said Ohisa.

    “Failure to comply with these directives will result in immediate and decisive action within two weeks of receipt of this letter, including the suspension of Stanbic Bank South Sudan’s banking licence.”

    The lender in its reply said it is complying fully with the security agencies. However, the bank’s head of Brand and Marketing Lilian Onyach said the dispute between it and Air Afrik was a civil one and ought not to be criminalised.

    “It is our view that the matter is civil and should be treated as such in any jurisdiction which calls for the requisite judicial process aligned to a civil dispute. Stanbic Bank is committed to complying with South Sudan laws, regulations and guidelines of BOSS and looks forward to the amicable conclusion of our discussions,” said Onyach.

    On re-registering the subsidiary as a stand-alone entity, Onyach said they were in discussions with BOSS to resolve the issue. Nevertheless, she maintained that the bank is vouching for the maintenance of the current arrangement.

    “Regarding the conversion of the branch into a subsidiary, we confirm we are engaging with the regulator with a view of eliciting an amicable resolution,” she noted.

    While we have expressed our preference to maintain our current branch structure, we are committed to a mutually beneficial agreement on the matter. We have committed to provide a comprehensive update to the Bank of South Sudan by January 31, 2025.”

    The dispute revolves around BOSS, Air Afrik and Stanbic. It has resulted in multiple cases, with the lender’s chief executive Joshua Oigara obtaining orders barring Kenyan authorities from either questioning or arresting him over the dispute.

    High Court

    There is also a separate battle between Stanbic and Air Afrik at the Court of Appeal.

    Stanbic moved to the Court of Appeal, arguing that a High Court ruling had made it impossible for it to tell its side of the story.

    According to the lender’s lawyer Kamau Karori, the orders by Justice Nixon Sifuna meant that it had to get the approval of Air Afrik to file its witness statement. According to him, this was unheard of. Air Afrik argued that the bank intended to delay the case by filing an appeal. According to the firm, the High Court had already heard at least five witnesses. Air Afrik alleged that Stanbic had not adduced evidence to show that it would be prejudiced by the orders issued in the lower court.

    In the case, Afrik said it offers airline carriage and chartered flight services in South Sudan and the East African region. Its main route is Nairobi Juba.

    It claimed that in 2014, the South Sudan government inked a deal to lease several aircraft for a year but with a likelihood of being extended for five years. According to the firm, the total cost for the deal was around Sh2 billion.

    The court heard that the agreement was renewed and the South Sudan government committed to pay a 35 per cent deposit for the same. That was at least Sh722 million.

    The firm said it maintained its account with Stanbic Bank in Juba and the Salva Kiir government wired the money on February 8, 2016.

    Afrik said the lender reversed the money on May 27, 2016, on a claim that the money had been paid in error.

    The South Sudan firm stated that Stanbic first wired back Sh600 million and then debited close to Sh100 million from its account stating that he had mistakenly withdrawn the money.

    Afrik in its case said it lost money plus the business. Meanwhile, Stanbic decried harassment by South Sudan authorities over the dispute. The bank said it had received a summons from the South Sudan prosecution attorney, which it claimed was a similar intimidatory tactic employed by the Kenyan counterparts.

    The lawyer said the investigative body is probing a false complaint which had already been previously investigated and the bank cleared. He asserted that Air Afrik had filed a complaint with the Central Bank of Kenya over the same issue.

    Still, he said, the regulator threw it out after finding that the bank had done nothing wrong by debiting amounts it had erroneously wired to the firm.

    At the same time, he argued that Air Afrik filed a separate case before the commercial court and was handled by Prof Sifuna. Kamau said Oigara he wasn’t working with Stanbic at the time the transaction is alleged to have happened.

    According to Stanbic’s legal officer Janet Wanjohi, the row stemmed from a transaction in 2016.

    Wanjohi explained that Air Afrik was Stanbic’s customer and it operated a business account in Juba, South Sudan in its South Sudan branch.

    She narrated that on February 5, 2016, Stanbic received a credit advice note from South Sudan’s banking regulator advising it that its clearing and settlement account had been credited with $7.2 million (Sh770 million) for Air Afrik.

    The officer said that three days later, Stanbic credited the aviation company’s account with the money after deducting its commission.

    Subsequently, Wanjohi said, Air Afrik withdrew at least Sh101 million from the account.
    However, she explained that Stanbic realised that BOSS had not remitted the money it had instructed it to wire Air Afrik.

    The court heard that the lender opted to freeze any further withdrawals and it notified the aviation company that the money in the account would be reversed.

  • Stanbic CEO Joshua Oigara Escapes Arrest Over Deposit Row With Airline Company

    Stanbic CEO Joshua Oigara Escapes Arrest Over Deposit Row With Airline Company

    The Banking Fraud Investigations Unit has been blocked from questioning Stanbic chief executive officer Joshua Oigara or any of the lender’s employees, over millions of shillings deposited into an airline’s account and later reversed, pending the determination of a petition by the bank.

    High Court judge Bahati Mwamuye also restrined the Director of Public Prosecutions (DPP) Renson Ingonga from instituting criminal charges against Mr Oigara or any directors, staff or employees of Stanbic, pending the hearing of the case.

    The lender moved to court last month to stop the banking fraud unit (BFIU) at the Directorate of Criminal Investigations (DCI) and Mr Ingonga from instituting charges against Mr Oigara, its directors or staff in a dispute with Air Afrik Aviation Ltd.

    The bank argued that the DCI was seeking to investigate a matter that is pending before the High Court.

    The lender’s lawyer, Hiram Nyabui, informed the court that police officers had camped at the bank’s offices seeking to arrest the officials, a move that would render the petition useless.

    The judge said the DPP can make an application for the discharge of the orders.

    “That this honourable court be pleased to issue conservatory order staying the execution or implementation or the requisition to compel attendance addressed to the 2nd petitioner (Mr Oigara) by the Banking Fraud Investigations Unit of the 1st respondent (DCI), pending the inter-partes hearing and determination of this application,” the lender said.

    The bank said BFIU issued the summons for Mr Oigara to appear for questioning and statement taking on October 17.

    However, the lender said it found the timing suspicious, coming a week after Stanbic opened its defence in the matter pending before the High Court.

    Further, the lender said that the matter had been investigated by the Central Bank of Kenya in 2016 following a complaint by the airline and the parties were allegedly advised to resolve the matter amicably or pursue a civil case.

    He said Mr Oigara failed to appear as directed by the DCI and the police issued a fresh summons.

    “The subject matter of the requisition pertains to the very matters that were the subject of the investigations that were concluded on December 6, 2016, more than eight years ago as well as the civil suit that is currently part-heard before the High Court,” the bank said.

    The lender said the purported statement taking is intended to harass and intimidate Stanbic and interfere with its ability to defend the proceedings pending before court.

    Further, that is also intended for ulterior purposes of embarrassing the bank and coerce it to abandon the defence of the civil suit or settle the matter, the lender added.

    “The intended parallel criminal proceedings are calculated to embarrass, humiliate, vex and eventually force the petitioners to concede to the interested party’s claims in the civil suit,” Janet Wanjohi, the bank’s head of legal said in an affidavit filed in court.

    Ms Wanjohi added that the move amounts to impunity on the part of the police and prosecution.

    The managing director of Air Afrik, Eric Lugalia, said in response to the petition that the police should be allowed to do their job.

    “That it is only in the interest of justice that if the petitioners/applicants do not have anything to hide, let them answer the issued summons thereof,” said Mr Lugalia.

    The airline was a customer of the bank and operated an account at its branch in Juba, South Sudan.

    On February 5, 2016, the bank received a credit note from Bank of South Sudan (BoSS), advising it that the airline’s clearing and settlement account at BoSS had been credited with $7.22 million (about Sh931 million).

    The lender then credited Air Afrik’s bank account with the amount.

    Stanbic said the airline allegedly carried out large value transactions on its account and withdrew a total of $1.1 million (Sh141 million).

    The lender said it later realised that no actual funds had been remitted by BoSS as alleged and reversed the funds to prevent further withdrawals as the funds ‘were paid in error”.

    The airline sought damages for losses it suffered after a plane leasing contract of $20 million with South Sudan government was terminated after the funds were withheld.

    The parties then tried unsuccessfully to resolve the dispute before Air Afrik lodged the complaint with the CBK.

    Justice Mwamuye directed the matter to be mentioned on December 10, for further directions.

  • Stanbic Accused Of Frustrating Investigations Into Alleged Multimillion Fraud In The Bank 

    Stanbic Accused Of Frustrating Investigations Into Alleged Multimillion Fraud In The Bank 

    A leading Kenyan bank has been on the spot for allegedly trying to hide crucial information from the court, prompting a Nairobi magistrate court to be ruthless and direct an investigator to obtain all documents from the bank that is being investigated for banking fraud.

    Milimani senior principal magistrate Bernard Ochoi on Thursday, gave the directions after a representative from Stanbic Bank told court they were ready to serve the required records by the investigator Caroline Omwoyo attached to the Banking Fraud Investigation Unit.

    This is after banking fraud investigation unit filed an application in April seeking the court to issue a warrant to investigate bank account(s), and investigate books of an account domiciled at the bank.

    The magistrate had issued the order on April 17, but the lender claimed that the documents were not in their custody.

    The investigating officer also sought to inspect/investigate, obtain information and demand to be supplied with and carry away as exhibits.

    Omwoyo also wanted an order for the bank official(s) to record statements regarding the account and the disputed entries therein.

    “Court be pleased to issue an order compelling the manager, the respondent herein, to nominate authorised person to make and hand over a certificate of production of electronic evidence Certified Copies generated electronically,” the court was told.

    Subsequently, orders compelling the bank to provide the said documents and information were issued on April 17, 2024, however, the bank management allegedly failed to adhere to the orders.

    The bank would later respond via email on April 29 saying the requested documents were not in their custody.

    When the case came up on Thursday,  the prosecution had sought to have the head of legal at the bank held in contempt for not honoring to the orders issued by the court.

    The bank however responded that they had the documents.

    The case will be mentioned on June 24 to confirm whether the lender will have complied with the court directive.

  • Are You Homosexuals? MP Kaluma Questions Stanbic Bank Boss Joshua Oigara Gifting Maina Kageni

    Are You Homosexuals? MP Kaluma Questions Stanbic Bank Boss Joshua Oigara Gifting Maina Kageni

    Homabay MP Peter Kaluma and a leading anti-LGBTQ campaigner in parliament has questioned the sexual orientation of media personality Maina Kageni and Stanbic Bank CEO Joshua Oigara.

    Kaluma was reacting to a suggestive photo that Maina had posted posing with Joshua who had gifted him the bank’s hamper.

    “Sometimes it’s the unexpected acts of kindness that touch us the most. I’m blown away by the beautiful gifts and heartfelt thanks I received from Mr. Joshua Oigara and the team at Stanbic Bank. I’m humbled by your generosity and friendship. Thank you from the bottom of my heart!” Maina wrote.

    This appears to be part of a Stanbic Bank’s marketing campaign. However, the MP could appear unconvinced, “are you guys homosexuals?” He posed.

    But it was not just the MP who had a similar reaction. Curious comments came under Maina’s post on X.

    The photo.

    “This is the most awkward gifting posture I have ever seen.” Josh Tety commented.

    “Remember both of them are not married ? This is a clear sign.” wrote Kibet.

    “Y’all look amazing together❤” Josh reacted.

    “Haiya…what is this now…that pose yawa.” Pius Kinuthia reacted.

    “Looks like a couple.” Rodgers Kipembe said.

    Peter Kaluma’s Anti-LGBTQ Bill

    Last year, Kaluma submitted the Family Protection Bill to the National Assembly.

    The new bill proposed a ban on homosexuality, same-sex marriages and any hint of LGBTQ behaviour in the country. It also prohibits the promotion of LGBTQ in the country by clumping down on its promoters and funding by various groups.

    The bill if passed will uphold the prior rights of parents and guardians to their children’s education.

    It will reassert the rights of parents to be informed and to consent to sexuality education, and abortion procedures involving their children.

    Homa Bay MP Peter Kaluma.
    Homa Bay MP Peter Kaluma.

    According to Kaluma, the bill defines sex as the biological state of being male or female observed and assigned at birth.

    The MP also wants the state to limit rights to assembly, demonstration, association, expression, belief, privacy, and employment in childcare institutions in respect of homosexual convicts.

    The bill further prohibits adoption by homosexuals and proscribes sex acts on animals.

    The legislator said the bill if passed will have the penalty imposed under the proposed Act ranges from the imprisonment of at least 10 years to death.

    Kaluma has since maintained that homosexuals should be punished because it is illegal in Kenya.

  • Lloyd Masika Ltd Fined Sh40M Over Fake Valuation Report

    Lloyd Masika Ltd Fined Sh40M Over Fake Valuation Report

    The once highly respected property management firm Lloyd Masika Limited has been caught flat-footed after it emerged that the company may have colluded with a client to give a fake valuation report that enabled the client to secure a loan with Stanbic Bank Ltd.

    According to available information, Stanbic Bank had instructed Lloyd Masika Ltd. to value the property Machakos/Ndalani Phase II/461, 462, and 465 for the purposes of deciding on whether to advance loan facilities to a borrower. Lloyd Masika carried out the valuation of the said property and prepared a valuation report, which was then used by the bank to advance a Ksh. 40 million loans to a borrower who later defaulted.

    The bank later sought a re-valuation of the suit property and discovered that it was valued less than that indicated by Lloyd Masika Ltd. The bank was aggrieved by the loss occasioned due to the fact that it advanced a loan facility on the basis of Lloyd Masika’s report. Llyod Masika’s report indicated that the property had an open market value of Ksh.87 million and a forced sale value of Kshs.56.5 million.

    However, the re-evaluation assigned the same property a lower open market value of Ksh. 17 million and a forced sale value of Ksh. 13.125 million. The dispute was referred to arbitration, and the arbitrator made some material orders. A declaration that the applicant (Lloyd Masika) was wholly negligent in submitting false valuation reports and is liable to meet the direct loss of Ksh.40 million suffered by the respondent (Stanbic Bank), who relied entirely on the valuation reports when lending out money to its customer.

    A declaration that the applicant’s valuations over the properties known as Land Reverence Numbers Machakos/Ndalani Phase 11/461, Machakos/Ndalani Phase 11/462, and Machakos

    /Ndalani Phase 11/465, are outside permissible margins of error. The applicant (Llyod Masika) is to forthwith pay the respondent (Stanbic Bank) the sum of Ksh. 44,036,555.51.

    Following the ruling, Llyod Masika approached the High Court via an application dated March 18, 2022, seeking to set aside the award. The respondent, on its part, approached the court via an application dated May 16, 2022, seeking to enforce the award. The court saw no reason to set aside the impugned award and dismissed the applicant’s application. The court found merit in the respondent’s’ application and allowed the same by ordering that the mentioned award be recognized and entered as a judgment of the court.

    The findings in the impugned judgment aggrieved the applicant, who filed a notice of appeal dated February 9, 2023. In a judgment dated February 9, 2024, by Court of Appeal Judges F. Tuiyott, Gatembu Kairu, and J. Lesiit, the judges noted, “We have considered the application before us, which is the one dated March 31, 2023, the supporting and opposing affidavits, and the rival arguments by counsel and authorities relied on. An applicant seeking an order of stay of execution, stay of proceedings, and injunction pending appeal”

    The court was reminded by the bank that the claim before the tribunal was professional negligence by a valuer. The judges in their final orders ruled, “We find therefore that even though the appeal is arguable, it will not be rendered nugatory if the stay sought is declined. In the result, the application dated March 31, 2023, is dismissed in its entirety with costs to the respondent”.

  • Okiyah Omtatah Seeks To Stop Fraud Transactions At Stanbic Bank

    Okiyah Omtatah Seeks To Stop Fraud Transactions At Stanbic Bank

    Activist Okiyah Omtatah wants a private account currently being used to transact public funds closed.

    The account at Stanbic Bank is being operated by Intergovernmental Relations Technical Committee (IGRTC).

    “A conservatory order does issue freezing all operations on personal bank account number 0100005155465which the 2nd Respondent’s holds at CFC Stanbic Bank, Kenyatta Avenue Branch, Nairobi pending hearing and determination of the application”, urges Omtatah.

    Omtatah wants an injunction order issued restraining Peter Leley and Monica Wambua from in anyway howsoever transacting any public funds through personal bank account number 0100005155465 which Wambua holds at CFC Stanbic Bank, Kenyatta Avenue Branch, Nairobi.

    He has claimed that Peter Leley, the CEO of the firm, directed funds to an account which is private.

    Funds deposited in the account is not subject to any law or even checks and balances, because it is private.

    He wants orders granted stopping utilization or transfer of the funds until the case is determined.

    He also wants Monica Wambua, who is the organization’s assistant director, found liable for using her private bank account to transact public funds.

    IGTRTC took over the mandate of the Transitional Authority and is tasked to establish a framework for consultation and co-operation between the national and county Governments.

    It is also tasked with identification, verification and transfer of assets of the devolved units.

    “There has been no delay in filing this since the applicant or petitioner has just learnt that on October 19, 2021 or thereabouts, to enable the 1st Interested Party conduct the valuation of public assets, the National Treasury transferred some Sh180 million to the State Department of Devolution, which then transferred the funds to IGRTC but, as the accounting officer, the 1st Respondent (Leley) used his discretion unlawfully to transfer the money to the personal account,” he said in an affidavit.

    He wants the court to freeze the operations of the account, pending the determination of the petition.

    Omtatah also wants the court to direct the Auditor General to conduct a forensic audit all accounts operated by IGRTC, showing the flow of money to and from the said account.

    “It is the petitioner’s case that the decision to use a personal account to handle public funds is both unlawful and unconstitutional and, therefore, invalid,” he said.

    He says there was no public participation in the decision to use the personal account to handle the Committee’s funds and delaying the case might render the petition useless as the funds might be transferred or spent.

    Omtatah further wants the Auditor General ordered to conduct a forensic audit of all IGRTC accounts and file a report in court showing the flow of money from the Intergovernmental Relations Technical Committee to the said personal bank account which Monica Wambua holds at CFC Stanbic Bank, Kenyatta Avenue Branch, Nairobi, and then onto any third parties.

    Omtatah adds that he is apprehensive that the large sums of public funds which have been deposited in the said personal account are exposed since the account is not subject to the checks and balances in law which govern public accounts to safeguard public money.

    “The petitioner has established that the use of the personal account to handle public money is based on a letter Ref: IGR/LGL/10/20/Vol. II, dated December 13, 2019, through which the 1st Respondent informed the Branch Manager, CFC Stanbic Bank, Kenyatta Avenue Branch, that large sums of public funds belonging to the Committee would be channelled through the 2nd Respondent’s personal account held at the branch”, he adds.

    High Court Anti-Corruption Judge Esther Maina certified the matter as urgent and directed it to be heard on January 25 for hearing and further directions.

  • Kileleshwa’s Latest Residential Appeal

    Kileleshwa’s Latest Residential Appeal

    Kileleshwa hosts some of the most admired residential developments in Nairobi. The suburban community hosts mostly young families who are first-time home owners and is surrounded with some of the best amenities including schools, social amenities, healthcare facilities as well as shopping malls.

    Elina residences, a newly completed residential property by Purple Dot International sitting on a 0.8-acre parcel of land is one the area’s new sensation.

    The development comprises of an all en-suite 66 three-bedroom apartments and four 4 penthouse duplexes located along Mandera Road. The design of the units has been tastefully done with attention to details central to daily living for the urban dweller as well as the psychosocial dynamics of family life.

    The interior layout and finishes have also been carefully planned and selected with functionality and value in mind. From the open plan kitchen, dining and living area to a unique nook that inspires a multifunctional use tailored to the family’s specific needs.

    Jiten Kerai CEO Purple Dot International hands over the key to new home owner Cecilia Mwangi. PHOTO: Kenya Insights.

    Speaking to investors and home owners at a key Handover Ceremony, which took place at Elina Residences, Jiten Kerai, General Manager of Purple Dot International Ltd expressed his delight in the project’s timely completion and the confidence that investors had in the project since its inception. “We managed to complete the project on time and well within budget, given the general slowdown of construction last year. The off-plan sales uptake was very encouraging and we are very glad to be able to present our investors and home buyers with a quality finished product as promised”.

    Also present in the ceremony was Purple Dot’s partner financial institutions, Stanbic Bank and Bank of Baroda whose partnership enables clients both local and international, access mortgages and competitive rates among other product offerings. 

    Elina Residences at a glance

    4 Bedroom Penthouse Duplexes 

    4 all en-suite bedrooms

    Open plan layout for the living room

    Panoramic view of suburban Nairobi

    Sliding windows and doors

    4,200 square feet in size

    3 Bedroom Apartments 

    3 all en-suite bedrooms

    Open plan layout for the living room

    Panoramic view of suburban Nairobi

    Sliding windows and doors

    2,300 square feet in size

    Access to the residences is quite easy as it is close to central Westlands, Riverside, Lavington and the CBD. The real estate developer also boasts of similar successful projects including Serene Park Villas in Machakos, Asopalav and Marigold Residency in Langata.