BY LYNN KYALO – One man has been charged of defilement at the Kibera law courts on 25th june 2019.
The accused is said to have defiled a minor of 11 months on diverse dates between December 2018 to June 2019, in Kibera area, Nairobi county. He is alleged of forcing himself into a minor hence defiling her and causing damage.
Ben Wandera the accused denied charges before Principal magistrate Hon. D. Kutu. He was released on a bond of Ksh 300, 000.
Case to be mentioned on 16th July 2019, and hearing on 18th September 2019.
BY LYNN KYALO – One man has been charged of being in possession of property which was unlawfully obtained at the kibera law courts.
The accused is said to have been found in Kawangware area, Nairobi county on 24th june 2019 in possession of a tiger generator, vacuum cleaner, a driving lisence, 20 pieces of car carpets, 4 assorted mobile phones, samsung camera, 2 power banks, 2 modrms, 2 hp flash disks and a wrist watch, property which is said to have been obtained unlawfully.
Calvin Odero the accused pleaded guilty before principal magistrate Hon. D. Kutu.
He was released on a bond of ksh200,000 or a cash bail of ksh100, 000.
The case will be mentioned on 16th july 2019 and heard on 19th september.
Facebook has unveiled libra, a cryptocurrency that will enable users to make international payments over Messenger and other group platforms like WhatsApp – perhaps from as soon as 2020.
Here’s how it looks likely to work: a user would buy libra and keep a balance of the currency in Facebook’s digital wallet, called Calibra. The user could either transfer currency to another user – say a family member in another country – or purchase items or services from a participating online retailer. Apart from Calibra, users could buy and sell libra through third party wallets or local resellers, such as grocery stores, in the same way as mobile phone owners already top up their data.
A key rationale for libra, according to Facebook, is to facilitate financial inclusion. It would enable millions of users without bank accounts in far-flung parts of the world to transact in ways that formal financial systems have denied them. Because they could send and receive libra on a peer-to-peer basis, without the need for a bank, the transactions would be cheaper and faster, too.
Libra appears designed to overcome a common criticism of existing cryptocurrencies like bitcoin and ethereum – that they don’t satisfy three essential characteristics of money: a medium of exchange; a store of value and a unit of account. The argument goes that since they are not widely exchangeable, and since their widely fluctuating exchange values make them unattractive for storing wealth or pricing goods and services, they are not really viable as money.
Where the exchange rate of other cryptocurrencies is purely driven by supply and demand, libra will be priced according to a basket of bank deposits and short-term government bonds in reputable currencies such as the dollar, pound and euro. It will therefore be a “stable coin”; less likely to see the same fluctuations as other digital currencies. Having said that, the new currency raises a number of issues that need to be seriously considered before it launches:
1. Facebook and data
Facebook has tried to reassure the world by outsourcing the management of libra to an independent foundation known as the Libra Association Council. Based in Geneva, this group will include representatives from mainstream financial institutions like PayPal, Mastercard and Visa, who have invested significantly in this project, as well as the likes of Uber, Spotify and Vodafone. This grouping is clearly designed to maximise participation in the new currency.
Yet Facebook’s recent chequered history of data mishandling is still a cause for concern. Although Facebook assures that it would keep its users’ social and financial data strictly separate, the question still remains: if it has mishandled social data in the recent past, can it be trusted with people’s financial data?
2. Money laundering
Libra has huge implications for the rules around anti-money laundering. Just like any financial intermediary taking on a new customer, Facebook will have to obtain various verification details through an online form for any users wanting to set up a Calibra wallet, including government-issued photo identification.
But since users will be all over the world, how would Facebook authenticate the information provided? It was the same issue faced by Liberty Reserve, a digital currency that operated out of Costa Rica and was used by money launderers to transfer billions of dollars worth of criminal proceeds until it was closed down in 2013. Prosecutors later described it as possibly the biggest money-laundering case in US history.
Liberty Reserve operated in a similar way to PayPal, except with its own digital currency. It allowed users to register and transfer money to other users with only a name, email address, and birth date. No efforts were made to verify users’ identities, and it attracted much illegal activity.
Users would wire money from a traditional bank to a third party exchanger, which was usually unlicensed and not properly regulated. This exchanger would convert money to digital currency, which was untraceable from its original source, and was then deposited into a Liberty Reserve account. No limits were placed on transaction sizes. Liberty charged a 1% service fee on each transfer and offered shopping cart functionality. All transactions were 100% irrevocable.
The investigation that led to Liberty’s closure was also very problematic as prosecutors required the cooperation of numerous jurisdictions with lax rules around anti-money laundering or investigating financial crime. Although libra will be backed by a host of blue chip companies, it looks potentially open to exactly the same kinds of problems.
3. User security
Facebook says it would bear the cost of losses arising from hacks to the Calibra wallet, scams and loss of access to accounts. But how feasible is this even for a big tech company in the face of colossal losses? Facebook or the Libra Association Council would need to accept the same requirements as any other bank to hold a certain level of capital to cover the cost of such eventualities.
4. Systemic risk
The sheer scale of this project is jaw-dropping. Facebook has 2.4 billion monthly users, while WhatsApp has 1.5 billion. Especially if Facebook leverages its relationship with 7m advertisers and over 90m small businesses, libra is likely to be global in a very short space of time. This has serious implications for global financial stability and systemic risk.
Libra will clearly need proper global regulation, but this doesn’t really exist and is highly unlikely to emerge in the next year. Would it fall to one of the bodies that coordinate international banking – the Basel Committee on Banking Regulation, the Financial Actions Task Force or the Financial Stability Board – or to an association of global central banks?
Even before this announcement, the lack of global regulation of cryptocurrencies was already a hot topic: discussions between countries and the main institutions involved in international finance are taking place to address this, but no institution has been designated to provide global oversight.
If these issues can be addressed, libra would be poised to dominate the crypto space – and could very well become “the” global currency. In the absence of a single global regulatory regime, however, libra will require a strong degree of regulatory coordination around the world. That is a monumental challenge. At the very least, we could be seeing the start of a major shift.
BY PRUDENCE WANZA – The daughter of the late bishop James Ocholla together with her husband has been charged with seven counts of forgery and conspiracy to defraud before a Makadara court.
Christine Anyango Ocholla and Edward Opiko Otieono are accused that on unknown dates and place in Kenya conspired to defraud and without lawful authority.
They made minutes dated June 7 2015 for resolution to borrow and obtaining Sh 3 Million from Jitegemee credit scheme for such renovation purporting the said minutes to be made by Glad Tidings Crusade a fact they knew to be false.
The two were also charged that on unknown dates and place in Kenya, with intent to defraud and without lawful authority or excuse made minutes dated June 7 2015 resolution to borrow 3 million from Jitegemee scheme for or on behalf of Glad tidings crusade and trustees purporting to be minutes made by the said glad tidings for church renovation.
Opiko and his wife are accused on June 7th 2017 at the scheme in Embakasi Nairobi with intent to defraud knowingly uttered minutes of resolution to borrow Sh.3m for church renovation to Faith Zawadi Kingi which had been made without lawful authority.
They are accused that in June 8 at the church in Embakasi west with intent to defraud made minutes of account opening with jitegemee purporting it to be minutes made by Glad tidings.
The two are also charged with forging the said minutes purporting them to be signed by Esther Mueni Mutinda, one of the trustees.
They pleaded not guilty before Chief Magistrate Eston Nyaga and were released on a cash bail of Sh 50,000.
The two are also involved in the selling of the Buruburu land which houses Glad Tidings Crusade and a school to a city business Patrick Nderitu without consulting the rest of the trustees.
BY PRUDENCE WANZA – A woman has been released on a cash bail of Sh.5m for stealing Gemstones worth Sh.76m
The accused, Veronica Katee is alleged to have committed the offense on 10th May,2019 with others that have already been charged in court with stealing gemstones worth Sh.76,170,362 property of Mary Njambi Mwangi.
The accused pleaded not guilty to the charge before Principal Magistrate Anyona Nanzushi at the Milimani Law Courts. She was released on a bond of Sh.10m or an alternative cash bail of Sh.5m.
The case will be mentioned on 1st July, 2019 for consolidating with the file of the other two who were charged in court two weeks ago.
Four cabinet secretaries in jubilee government have been expected to appear before DCI detectives in Kiambu Road office, to record statements over a plot to block Depty President William Ruto’s 2022 Presidencial bid
The four Cabinet Secretaries; Sicily Kariuki (Ministry of Health), James Macharia (Ministry of Transport), Joseph Mucheru (Ministry of ICT), and Peter Munya (Ministry of Trade) are among the top government officials to appear at DCI offices.
H.E President Uhuru has come out strong against leaders who are playing politics urging them to use the same energies to develop Kenya and work for the Kenyans. Many are now looking up to the president on his next course of action.
If the president’s sentiments are anything to go by, Will someone be eating dinner behind bars?
Angry Students from Uriri high school in Migori county razed down a section of their dormitory after being denied a chance to watch yesterdays’ AFCON match between Kenya and Algeria
According to the school headteacher, property worth hundreds of thousands was destroyed in the fire. It took the intervention of the neighbouring community to put out the blaze.
According to reports, the students became outraged after their request to watch the match was declined by the school administration.
However, no casualties were reported in the 11pm incident.
President Uhuru Kenyatta today applauded St John Ambulance Kenya volunteers for their exemplary work of charity that continues to save lives.
The President said the work of the organisation, which includes ambulance services, highway emergency response, first aid and safety training as well as maternal healthcare advocacy, has eased pain in many homes in Kenya.
He gave the organisation a personal donation of Shs 10 million as a token of appreciation for the good work it is doing.
The President spoke when he addressed thousands of volunteers who gathered at State House, Nairobi, for the 91st Annual Inspection Parade of St John Ambulance.
President Kenyatta said the charity organization has played a major role in complementing government emergency services, especially in responding to road accidents.
“I am pleased to note every year you train 18,000 Kenyans, including Boda Boda operators, on emergency rescue measures,” said the President at the event also attended by First Lady Margaret Kenyatta.
He said the organisation’s role in road accident response was crucial because such accidents account for 88.4 deaths per 100,000 people while road accident injury fatalities are at a rate of 20.9 per 100,000 people.
“As we progress in transforming our nation, ushering in ultra-modern highways and transport corridors across the country, we, regrettably, continue to experience disturbing high rates of fatal injuries,” the President noted.
He said the government has rolled out a number of interventions that focus on addressing the effects of road accidents as well as other emergency disasters, particularly in terms of direct impacts on human health and safety.
St John Ambulance Kenya has 17 fully equipped rescue centres, each with 25 personnel, enabling it to provide emergency services to an average of 25,000 victims of road accidents annually.
President Kenyatta said the organisation has inculcated in the hearts of the youth the value of volunteerism, service to others and helped elicit a higher sense of civic duty.
The organisation currently has 26,000 volunteers and is targeting to increase its membership to 50,000 by next year.
The Head of State said the Ministry of Health will formulate a new framework to work closely with St John Ambulance Kenya in implementing policies.
“Focus should be in the management of ambulance fleets and strengthening resilience in emergency and disaster preparedness, mitigation and response, and in training personnel with requisite rescue skills,” the President advised.
He said the government will support the organisation in the construction of a new headquarters and a trauma center. He also called on corporates and all Kenyans to support the organisation.
President Kenyatta, who serves as the patron of St John Ambulance Kenya, presented letters of appointment to new officials of the organisation. They included the incoming Prior, Mr Paul Ndungu, and Deputy Prior Mr Lazarus Kimanga.
The outgoing St John Ambulance Prior, Hon. Maj. (Rtd) Marsden Madoka, said the hosting of the parade at State House was a big motivation for volunteers.
Health Cabinet Secretary Sicily Kariuki also spoke at the event.
BY PRUDENCE WANZA – A Nairobi Business Premises Tribunal has temporarily stopped a trader from evicting or interfering with the late Gladwell Muthoni Njoroge’s property in Madiwa Eastleigh.
This is after Governor Mike Sonko administration and the daughter of late Gladwell Muthoni filed application before the tribunal seeking to stop illegal demolition and eviction that was being conducted before the Governor intervention last Sunday.
“An injunction is hereby issued restraining the landlord Wangaruro Mbugua Wanganga or its agents auctioneers from entering , harassing , evicting or interfering with the suit property pending hearing and determination of this application and suit”, ordered tribunal.
The tribunal also set aside orders issued against Gladwell Muthoni Njoroge on May 15,2019 allowing the businessman Mbugua to break into the property and access the premises with the supervision of OCS Shauri Moyo police station.
Mbugua had also been allowed to remove and sell any distrainable property if any to recover any rent arrears.
“The exparte orders entered against the respondent on May 15,2019 is hereby set aside,” ruled the tribunal.
The OCS Shauri Moyo Police Station was ordered to ensure compliance with orders.
Gladwell and Nairobi County Government filed application under certificate of urgency through lawyer Martin Mbichire seeking the court to stay execution of the exparte ruling and orders issued by the tribunal on May 15,2019 pending the hearing and determination of the case.
Documents filed in court show that sonko and the daughter to Gladwell also applied for an injunction to issue restraining orders against the landlord or agents auctioneers from entering,harassing , evicting or interfering with the suit property.
The two said they are aggrieved by the orders issued of May 15 which were obtained and have resulted in demolitions of property and eviction of lawful land owners who were neither served with application nor had knowledge of the suit.
The court was told that the attention was drawn to the County Government that demolitions of the property and evictions of residents was taking place on a Sunday without a permit and without its knowledge.
“The Governor of Nairobi himself proceeded to the site and was confronted by a gang of young men who were demolishing , evicting , raping women and young girls , bearing up residents and stealing from the houses demolished”, reads documents.
The governors quick intervention saved the residents where he discovered the evictions and demolitions were being carried our pursuant to a court order issued by the business premises tribunal. ” That on perusal , he discovered the following grave anomalies.
” The order emanated from business premises tribunal whereas the premises being demolished were residential premises and the order did not have the plot number where it was it was to be executed “, said the county government
They added that the order was issued to a deceased person one Gladwell Muthoni Njoroge who died 9 years ago on the June 15,2010 and the orders issued does not authorize demolition or eviction of residents meaning meaning the tribunal does not have jurisdiction to hear and issue orders.
Court documents revealed that the land number indicated as LR NO 1905-02632 does not exist in Nairobi County or in the whole country .
Nairobi County Government applied to be enjoined since no demolition notice was issued to the county and no demolition permit was issued by the county to authorize the demolition on Sunday morning.
” The interested party as the Governor of Nairobi city County , after perusing the documents of both parties has realized that the estate of Gladwell Muthoni Njoroge (respondent) has a genuine claim over the suit property dating back to 1990 that is worth being protected “, added the county government.
BY PRUDENCE WANZA – Nairobi Governor Mike Sonko has expressed his satisfaction in the ruling on Buruburu land dispute that has been ongoing at the Milimani Commercial Courts.
Senior Resident Magistrate, Elizabeth Wanjala set aside consent order in the disputed late Bishop Ochola’s land that houses his church Glad Tidings crusade in Buruburu.
In her ruling, SRM Wanjala stated that the fact that the alleged transfer of the property to Landmark was based on the impugned consent orders, was unlawful since there was no rates clearance certificate obtained from the County government.
On issue of jurisdiction , the magistrate ruled the proceedings are sub judice to a High Court ELC matter to the extent that the subject property is the same. She however stated that the sale agreements are different and not all parties herein are parties in the high court suit.
The magistrate reversed the order stating that she had no jurisdiction to grant such orders as she is a Senior Resident Magistrate who cannot deal with cases whose value exceeds Sh 7 million.
Sonko had filed an application through lawyer Harrison Kinyanjui, where he accused Patrick Nderitu of Landmark International Properties Limited of demolishing the property belonging to Glad Tidings Crusade.
Kinyanjui said that the court lacked jurisdiction since another case had been filed at the Environmental and Land Court.
Sonko who welcomed together with Ocholla’s widow Mary Ocholla, their daughter Joan Ocholla and others stated that he would deal with land grabbers in Nairobi and bring them to book.
In the case, Mary and Joan are disputing the sale of the property which houses Glad Tidings Crusade church and a school to Landmark International Properties limited claiming that proper procedure was not followed since they were not even consulted.
Mary accuses her last born daughter Christine Ocholla and her husband Edward Opiko of fraudulently selling the property without involving the trustees of the Bishop’s estate.
“I will continue to defend the widows,the poor and the rich from land grabbers in the county,” Sonko said.
The court further found that it was not necessary for Nairobi County Government to be enjoined as an interested party in the matter since it is not claiming proprietary interest in the suit property.
Their main interest was on unpaid rates which the magistrate ruled that Section 17 of cap 267 of the rating act stipulates mechanisms for recovery of the same.
Businessman Patrick Nderitu however maintains that he bought the property legally at Sh 19 million, a price that the family is also contesting as they claim it is worth Sh.100 million.
The defendants in the suit are Glad Tidings Limited, Christine Ocholla Opiko, Esther Mueni and Edward Otieno. Nairobi county had been enjoined as an interested party in the case.
