Uasin Gishu County Speaker David Kiplagat is calling on all elected leaders allied to DP William Ruto to stop remitting monthly subscription fees to Jubilee Party.

This comes after the party’s secretary general Raphael Tuju vowed to bar the DP from accessing Jubilee headquarters in Pangani as they plot kick him [Ruto] out of the ruling party.

Mr Kiplagat said Jubilee does not deserve financial support from DP Ruto allies after the statement from Tuju.

The speaker was in the  company of elders from Uasin Gishu blamed the handshake between President Uhuru Kenyatta and ODM leader Raila Odinga for creating cracks in the Jubilee.

“We shall cease payment of subscription fee to Jubilee until the party’s National Executive Council (NEC) discusses and makes a determination on the purported suspension of the DP,” said Kiplagat.

Uasin Gishu County Speaker David Kiplagat [p/courtesy]

“When did it become a crime for elected leaders to visit the headquarters of a party where they pay subscription fees every month? There are many parties in Kenya and we are ready to move out of Jubilee any time.”

The argitated Kiplagat further threw his weight behind Chief Justice David Maraga advisory to the president to dissolve the parliament for failing to implement 2/3 gender rule.

“We are asking the President to dissolve Parliament and we go to the election so that we see how many leaders will be re-elected on Jubilee party,” he added.

Uasin Gishu elder and cleric Paul Gathuo however blamed the fall out between the president and his deputy on the disunity in the Rift Valley, which bore the brunt of post-election violence in 2007-2008.

“As residents of the North Rift region, we will not allow the Jubilee politics to destroy the peace we have enjoyed for many years,” Gathuo said.

Former MCA David Karanja who was also with Kiplagat warned Jubilee brass to respect the Deputy Party leader if the party needs to regain confidence from disgruntled members and elected leaders.

Jubilee’s National Management Committee on Friday recommended to the NEC to kick out Ruto as deputy party leader for opening a rival party office (Jubilee Asili) and for going against party principles.

“That the NMC has recommended to the NEC that the DP ceases to be Deputy Party Leader after he opened the so-called Jubilee Asili offices that is reserved for him and his allies until such a time that this development of Jubilee Asili is discussed at the NEC,” he said.

Tuju also disclosed that the DP and his allies have been banned from accessing the party headquarters.

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SK Macharia, Founder and Chairman of Royal Media Services (RMS)

This is not about Kenya Defence Forces (KDF) taking over run-down govt agencies. This is a classic case of losing all because of debts.

The govt is set to take over the assets of media mogul SK Macharia, including Royal Media Services (RMS) after the businessman lost his appeal against a court judgment declaring him bankrupt over a 34-year debt’, Business Daily Reports.

Last Friday, the govt through the office of the Attorney-General, issued a bankruptcy receiving order, allowing the State to take over and supervise Macharia’s business with the aim of settling all his debts.

The order, which appeared on Kenya Gazette notice, was triggered by last year’s Court of Appeal decision that rejected Mr Macharia and his wife’s opposition to being declared bankrupt over a Sh500,000 debt, which has since ballooned to Sh293.4 million.

Mark Gakuru, the Official Receiver based at the State Law Office, has been tapped to supervise the businessman’s vast estate.

Mr Gakuru’s brief includes reviewing the financial statements to establish the liabilities and assets to enable him to start settling the debts owed by the businessman.

“The Official Receiver will prepare a statement of affairs detailing all his assets and liabilities with a view of setting them,” a source at the AG’s office who requested anonymity said.

“The notice has been issued for the benefit of all creditors and captures all his debts, all bank loans, suppliers and any other creditors.”

The order means Mr Macharia will lose access to his businesses, bank accounts and property that will be under the watch of the official receiver.

He also risks losing directorship in companies that he and his wife, Purity Gathoni, own, including Royal Media Services – which owns Citizen TV and radio as well as several vernacular radio stations.

But Mr Macharia has the option of keeping the Official Receiver at bay by issuing a plan on how he intends to repay all his debts and enter into court-supervised agreements with all the creditors.

The law demands that Mr Gakuru summon a general meeting of the creditors to discuss how to deal with the businessman’s property.

Mr Macharia is also expected to provide Mr Gakuru with a statement of his wealth that includes his assets, debts and liabilities as well as securities held by people he owes money.

Mr Macharia lost an appeal, which sought to bar the State from enforcing a 2009 bankruptcy ruling, last year.

He has moved to the Supreme Court to challenge the appeals court decision, but he has yet to secure order freezing the judges’ directives, leading to the placement of the receiving order in Friday’s Kenya Gazette notice.

He lost the three-decade battle to bar businessman Livingston Waithaka, the managing director of Ocean Freight Transporters Company Limited, from declaring him bankrupt for failing to refund him Sh500,000 in a land deal that fell through.

The High Court in 2001 ordered Mr Macharia to repay the debt with an annual interest of 19 per cent that is compounded monthly from December 1986 following the botched land deal.

Mr Macharia ignored the ruling until 2008 when Mr Waithaka served him with bankruptcy notices. The High Court judges said the debtors failed to settle the amount despite bankruptcy notices having been issued to them.

At the Court of Appeal, the judges ruled that Mr Macharia and his wife challenged the court ruling on the existence of the debt instead of the bankruptcy suit.

Mr Waithaka says he paid Sh500,000 as a deposit to the couple in the 1980s for a plot in Nairobi’s Industrial Area which was then valued at Sh2 million.

The couple acknowledged receiving the amount but maintains Mr Waithaka owes them Sh1.5 million as the balance for purchase of the plot, off Enterprise Road.

They argued that the land deal was botched by Mr Waithaka after he turned down the plot despite paying the Sh500,000 deposit. The land was allocated to the Macharias by the State in 1982 and they were expected to pay Shh636, 970 for it.

They later agreed to sell the property to Mr Waithaka, who declined after its records indicated it was along Biashara Street in Nairobi’s city centre and not Industrial Area, according to court filings.

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Today, Chief magistrate Francis Andayi expected to announce the sentence of 3 suspects accused – among other charges of conspiring to commit terrorism.

The suspects are said to have aided gunmen/helped coordinate the Westgate mall attack in 2013.

Seven years ago, on September 21, 2013, four-armed Islamist extremists hailing from al-Shabab carried out a 4-day siege at the Westgate Mall in Nairobi resulting in 67 people losing their lives – with the 4 attackers themselves alleged to have been killed in the brutal standoff.

The gunmen are believed to have died when the Kenyan army retook the mall. The three suspects were arrested in the weeks following the attack.

The prosecution had over 140 witnesses that testified in the case.

The accused persons were charged with 12 counts, some joint others separately. They are jointly charged with counts one and two with a commission of a terrorist act and conspiracy to commit a terrorist act respectively, contrary to the Prevention of Terrorism Act.

The suspects — Liban Abdullahi, Hussein Mustafa and Ahmed Abdi – are also charged with giving support to a terrorist group, aiding a terrorist group and being in the country illegally.

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A Nairobi court has instructed the Director of Public Prosecutions (DPP) to supply the defense witness with statements of President Uhuru Kenyatta and ODM leader Raila Odinga regarding the events of October 29.

Senior principal magistrate Benard Ochoi of the Milimani Law Courts on Tuesday said the case in which two IT officers were charged with unauthorised interception will be heard on October 29.

Ochoi will also give directions on the CCTV footage presented before court.

“The next mention date I will give directions on the CCTV footage provided. The prosecution to provide statements from Uhuru and Raila,  if any, as well as the amended charge sheet, if any,” he  said.

                                               /courtesy.

The two swavvys, Patrick Rading and Janet Magoma were working for Sarova Stanley hotel but lost their jobs the minute they were arrested.

Saravo did not want to stand or associate themselves with employees charged with taping the president and the opposition leader.

President Uhuru Kenyatta and ODM leader Raila Odinga are the alleged complainants in a case involving the ex-sarova employees who are charged with the offence of unauthorised interception of computer data contrary to Section 17(1) of the Computer Misuse and Cybercrimes Act.

Their lawyer Danstan Omari argued that one of the accused persons, Magoma, was apprehensive and psychologically traumatised and feared for her security.

“We had requested statements from the complainant who is the President of this country and Raila Odinga who were alleged to have been in the entourage but up to date those statements have not come,” Omari argued, adding that they also want to be supplied with the original clip that captured the entourage.

It is alleged that the two

The two are jointly accused of intercepting the CCTV footage capturing Uhuru’s entourage along Kenyatta Avenue on June 2 at around 8.20pm in Nairobi.

The footage captured Uhuru and Raila touring the CBD on the said date and Omari also argued that taking such a footage without authorisation is  not a security risk. His clients were “just being too patriot”.

The two were released on on a bail of Sh10,000 or a bond of Sh300,000 each.

The state did not challenge their release on bail but argued that there was no evidence to show that they had lost their jobs at Sarova.

Would you like to get published on this Popular Blog? You can now email Cyprian Nyakundi any breaking news, Exposes, story ideas, human interest articles or interesting videos on: hello@cnyakundi.com. Videos and pictures can be sent to +254 710 280 973 on WhatsApp, Signal and Telegram.

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The probe into the death of Keroche Breweries heiress Tecra Muigai is a complete display of the differences between Director of Public Prosecutions DPP Noordin Haji and Directorate of Criminal Investigations George Kinoti.

It was all brought to the light when Mr Haji made an application to move the proceedings to Lamu when Mr Kinoti had directed the case to be heard before a Milimani court in Nairobi.

Haji spoke through his Assistant DPP Joseph Riungu who stressed that the decision as to where the proceedings should be held lies with Haji as he directed the magistrate not to accept submissions from any other parties.

The Muigai family led by Tecra’s mother, Tabitha Karanja jumped into the dispute as she differed with the DPP calling for the case to be handled by an independent prosecutor.

Ms Karanja was represented by senior counsel James Orengo who argued that most witnesses set to testify in the probe are residents of Nairobi.

She also claimed that autopsy results revealed evidence that raised serious doubts regarding the explanation given by the main Mr Lali Omar Lali.

Mr Lali was the boyfriend to the deceased but is also the main suspect. He was arraigned in Garsen but the DPP withdrew the charges and ordered for investigations on the death of Tecra.

“That the family of the deceased now strongly believes … the DPP is responding to instructions and or pressure from elsewhere to avoid bringing to account whoever may have been responsible for the death of Patricia Tecra Muigai,” Ms Karanja said in an affidavit.

She further claimed that her family is apprehensive about the proceedings taking place in Lamu inquest because Mr Lali is an influential person there. Poor mode of transport and insecurity.

The hearings will resume on October 14 in Milimani Law Courts.

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(L-R) Ms Anne Juuko, Mr. Wim Vanhelleputte, Mr. Somasekhar and Mr. Azairwe CEOs of the affected firms.

Airtel Uganda and MTN Uganda, as well as Stanbic Bank, Uganda’s largest bank that also backs up most of the mobile money transactions were most affected.

In a joint statement released on 5th October 2020, Anne Juuko, Wim Vanhelleputte, and VG Somasekhar, the CEOs of Stanbic Bank Uganda, MTN Uganda, and Airtel Uganda respectively, admitted there was an hacking incident.

“Stanbic Bank Uganda, MTN Uganda and Airtel Uganda inform the public and their customers that on Saturday 3 October 2020, a third-party service provider experienced a system incident which impacted Bank to Mobile Money transactions. All Bank to Mobile Money/Wallet services have since been temporarily suspended. This system incident has had no impact on any balances on both Bank and Mobile Money accounts. Our technical teams are analysing the incident and will restore services as soon as possible. We apologise to all customers for any inconvenience that this has caused and reiterate our commitment to delivering seamless banking and mobile money services,” the trio said.

Ronald Azairwe, Managing Director Pegasus Technologies Limited, could neither deny nor confirm the incident.

“Sadly I can’t comment on that. I can’t confirm or deny anything of the sort. I can’t speak about it. MTN/Stanbic/Airtel should be able to tell you whether it is Pegasus or not,” he said via phone.

Twiine Charles, Uganda’s Criminal Investigations Directorate spokesperson confirmed that an electronic fraud incident had been reported.

“The fraud incident has been reported. We are constituting a team of electronic countermeasures investigators and investigations begin effective tomorrow,” he said.

A source at one of the affected companies said that hackers broke into the system of Pegasus Technologies on Thursday night.

“From Thursday night, the hack went on undetected until Saturday. By this time, hackers had sent themselves almost UGX1.3 billion but had managed to withdraw UGX900 million from Airtel Money. We estimate MTN also lost almost twice the same amount of money since they are mobile money leaders. When the fraud was detected all transactions going through Pegasus Technologies, were suspended,” said the source.

So, what other international money remittance firms were also affected?

“Hackers usually target financial institutions over weekends when there is less activity and reduced vigilance. It is easy to strike, withdraw the cash and cover up by the time the weekend is over,” said the insider who is very familiar with such online frauds.

Established in 2007, Pegasus handles up to UGX1.7 trillion in financial transactions annually. This includes mobile money aggregation, mobile payments and remittances, loans and savings, and value-added services such as SMS, airtime, and data loading.

In an April 2020 interview, Sydney Asubo, the Executive Director of Uganda’s Financial Intelligence Authority (FIA), the financial crimes watchdog said that fraud, because of its lucrativeness, accounts for more than half of all the financial crimes in Uganda.

“Fraud is of course wide but it has subsets- it has corruption, theft, cybercrimes, including identity theft and embezzlement. That is number one by far. The gap between number one (fraud) and number two is so big- I would say half is fraud,” he said.

We have published articles about Hacked Institutions

Here

Here

Here

Here

Here too

Would you like to get published on this Popular Blog? You can now email Cyprian Nyakundi any breaking news, Exposes, story ideas, human interest articles or interesting videos on: hello@cnyakundi.com. Videos and pictures can be sent to +254 710 280 973 on WhatsApp, Signal and Telegram.

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The corrupt Pavel Oimeke has been reinstated as the boss at Energy and Petroleum Regulatory Authority (EPRA) by the High Court.On July 27th, Oimeke’s reappointed Epra’s chief executive-a post he has been sitting at since 2017 was suspended after Emannuel Wanjala, moved to court to block his re-appointment.

In yesterday’s ruling, Justice Hellen Wasilwa dismissed Wanjala’s petition for lack of merit and ordered the immediate reinstatement of the corrupt Oimeke as the EPRA Director-General.

“In the circumstances, I found that the application did not have merit and therefore I dismissed it and ordered that the status quo of the first respondent be reinstated immediately as the DG. I had stayed that position because I thought that he had not been appointed, but he has been appointed and rightly so. And therefore he is rein,” Justice Wasilwa ruled.

The acting EPRA Director-General is also the Corporation Secretary & Director of Legal Affairs who has had a successful career in legal practice for a period exceeding twenty years.

Ms Mueni Mutung’a was named the new Director-General in an acting capacity in August this year.

“The Board of Directors of the Energy and Petroleum Regulatory Authority (EPRA) has designated Ms Mueni Mutung’a as Acting Director-General, as from 17′ August 2020”, the statement signed by EPRA board chair Justice Jackton Ojwang’ said in part

Mr Oimeke’s tenure has been marked by corruption, nepotism, favouritism and lacklustre leadership in executing the mandate of EPRA.

1. Illegal LPG Plants

Pavel Oimeke is alleged to receive bribed to license illegal LPG filling plants. He then engages in PR stunts and side-shows aimed at misleading Kenyans.

He was supposed to be arrested during the #SwitchOffKPLC campaign but it is said he managed to bribed detectives to walk a free man, despite being a criminal linked to the rot in the energy sector.

The #SwitchOffKPLC campaign has exposed the rot in the energy sector and particularly EPRA.

2. Recruitment scandal

“The rot at ERC is appalling and most employees are staying there to just earn a salary. The man has turned the Commission upside down in less than two years since his appointment”, wrote a staff of EPRA, then Energy Regulatory Commission (ERC).

The anonymous source further said, ‘Out of 10 employees, 8 of them are from his village. They have zero skills and tribalism reigns supreme’.

3. Procurement/Corruption

DPP needs to move in to unearth the irregular award of tenders at ERC. He terminates procurement contracts anyhow without valid reasons if you’re not cooperating. Also, substandard goods are accepted upon his coercion of employees to sign for them. It is believed that these companies are either his/his operatives.

In Oimeke’s time, he has engaged in useless regulation of fuel/gas prices which does not make sense or serve the purpose to alleviate the suffering of Kenyans.

He has overseen Energy Injustice which has left the sector more corrupt than when EPRA did not exist. This has led to some quarters calling for the disbandment of the Commission.

Oimeke also opened a lot of lawsuits against the commission due to his ‘eating ways’

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Prof. George Magoha. During his interview for the job, he spoke to Member of the National Assembly in a condescending manner

Education Cabinet Secretary (CS) Prof. George Magoha (pictured) has in some quarters been termed as highly overrated.

During his time at the helm of the University of Nairobi (UoN), Prof Magoha was touted as the best there is and ever will be, but even at that time, some people had questioned his leadership style.

The Professor also comes out as arrogant, and there’s no greater display of that attribute than recently when he attended UoN graduation ceremony, where he told someone who wanted to tell him something, ‘iko nini?o mbali kabisa’.

What happened to humility? How can you put down someone like that. And in public. Is CS Magoha ok? pic.twitter.com/exUqp0egH0

— Ahmed Mohamed ((ASMALi)) (@Asmali77) September 26, 2020

That was arrogance per exellence.

And perhaps, there’s another display that makes the allegations of Magoha being highly overrated true. That of how he has managed the Education Ministry.

“hey, don’t you know I have PhD and a 64 page CV, why are you sitting next to me, you illiterate”

There’s a media house that has written an article about him with adjectives such as consistent inconstitency. This is dues to his inconsistent messaging about reopening of schools.

It has attracted ridicule.

Saddique Shaban disects Prof Magoha’s character through one incident

But perhaps, that is truly the man, an arrogant and incompetent buffoon.

China Global Television Network (CGTN) Africa Journalist Saddique Shaban told us more, on his twitter handle.

Thinking and cursing at heart for not being shown respect.

The minister could not believe that he’d been denied diplomatic courtesy at Doha Airport. He sat in the apron bus seat, solemnly thinking about his status and why, perhaps, he wasn’t received in the VIP lounge for despite being a government minister. Never answered greetings.

Professor George Magoha, Education Cabinet Secretary

I genuinely felt sorry for Professor George Magoha. His big reputation and boisterous personality could not fit in the modest Doha airport transit bus. His ego was being compressed at an alarming rate. The good minister grew restless & eventually dipped his head into his hands.

Professor George Magoha, Education Cabinet Secretary

I mean, how could a well learned Kenyan cabinet minister, a PHD holder with volcanic temperament, be made to mingle with peasants having flew Business Class on a new Airbus A350 from Narita Airport to Doha? Did Qatar Royal Family know Jaduong’ abhors simplicity and commonality?

If he had a choice, Prof. Magoha would have renounced his cabinet status in protest. No chase cars. No bodyguards. No VIP treatment. He’d have masked his face in shame and indignation. He appeared solemn and lonely, as if suffering from stomach upset. Perhaps he perhaps fatigued?

Professor George Magoha, Education Cabinet Secretary. He seems like those guys who can stand up unprovoked and shout, ‘hey, don’t you know I have PhD and a 64 page CV, why are you sitting next to me, you illiterate’

A year later, having closely observed his public demeanor, I understand the Gulf Cold Shoulder. The Qataris, either by default or design, deflated the Big Foot’s ego & arrogance.Magoha’s handling of matters during #COVID19 crisis has left him looking lonely and foolish.

Professor George Magoha, Education Cabinet Secretary

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Deputy President William Ruto now claims that there was a plot to have police stay away from the fundraiser he attended at a Murang’a church on Sunday which was marred with chaos that claimed two lives.

“It was actually premeditated that there should be violence for whatever reasons,” Ruto said.

The DP spoke at his Karen residence on Wednesday where he was wooing a section of Kitengela Market traders and boda boda riders.

A section of MPs who spoke at the political event in DP’s official residence pointed accusing fingers at other senior government officials who they claimed instructed police to stay away from the event.

The politicians challenged the Inspector General of Police Hillary Mutyambai to explain the circumstances under which the officers were instructed to leave the venue.

They further accused Mutyambai of being used to perpetuate crimes against humanity.

Kikuyu Mp Kimani Ichung’wa who spoke at the Karen said the police has been politicised leading to emergence of factions.” Most officers are not happy with how their bosses are running a Service that is supposed to be impartial,” he said.

He challenged the Police boss to stand firm, independent and serve the country dispassionately.“You must not allow the police to be used by politicians who want to cause instability in this country,” he told Mityambai.

He claimed the police is going for young boys instead of the known politicians who perpetrated the chaos.

DP William Ruto with a host of politicians who attended his event. [p/courtesy]

“The trend that we are seeing now is worrying. Why is the police being used to cause fracas in the country?” Sankok asked.

Lang’ata Mp Nixon Korir to those charged with the security docket to account for property and lives lost in Murang’a on Sunday.

“Mr Mutyambai is not working for a militia. If he wants to serve the interests of certain factions, let him resign and join politics. He cannot run away from the crimes that he is engaging in,” Korir said.

Dp William Ruto spoke on the same day the Head of Public Service Joseph Kinyua has directed that all campaign rallies be held in compliance with the Public Order Act, failure to which culprits will be penalised.

“A convener or any person intending to hold meeting shall notify the officer in a commanding station three days to but not 14 days before the procession,” Kinywa said.

Mr Kinyua who addressed the press on Wednesday accused politicians of inciting and radicalising the youth.

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The Jubilee regime has tried to get rid of Slayqueen Cabinet Secretary Amina Mohamed.

They tried the AU chairmanship, where they bribed Africa billions of shillings but were defeated.

Amina was then moved from Foreign Affairs to Education then to the sports docket.

They again tried to get rid of her by going for the World Trade Organization (WTO) Director General, but it has flopped

Is it the incompetence at home that has made Jubilee try to get rid of the wariah born in Kakamega?

Costly friendships

Uhuru Kenyatta has appointed friends to his cabinet and key govt posts. Some of these friends are outright incompetent but Uhuru cannot fire them (it doesn’t mean that Kenyatta’s management is any better)

It is clear that Amina Mohamed was not cut out as a natural in the world of Cabinet Secretarism. Her pimped up expertise in Ambassadorship seems to be those overrated stories. I bet I’ll dig deep.

Some quarters have questioned her law degree.

By the way, was this law degree gotten through some not so good means (it was too fast), the reason Amina did not make it at WTO?

According to facts, lawyers are admitted to the bar after rigorous process of training in University for bachelor’s degree in law and subsequently at the Kenya School of Law (KSL) and must pass the requisite examinations mandated by the relevant bodies. Sources at the Kenya School of Law (KSL) however, state that Amina Mohammed tried to undergo legal training at Karen-based Legal Training School in 1988 (32 years ago) but failed the exams.

Sports CS Amb. Amina Mohamed admitted to the bar in July 2020. She had been gazetted in 2013.

She later ‘passed’ when she was on the race to WTO head.

Anyways, Jubilee should just get rid of her as she represents failure in designer shades.

WTO will have a female head as two final candidates remaining are Nigeria’s Ngozi Okonjo-Iweala and South Korea’s Yoo Myung-hee. They advance to the final round.

Finally, it seems like the minister for congratulations will neither be congratulated nor missed.

Ngozi Okonjo-Iweala

Yoo Myung-hee

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In the morning, mainstream media especially The Star reported that a lawyer had his hand chopped off because he wanted to rape a police officer.

A screenshot of The Star breaking news.

As time went by, several accounts of the incident began to emerge online. Some of which were police occurrence book entries.

I share those below verbatim (including the typos, errors)

Report 1

MAKUENI COUNTY MAKUENI SUB COUNTY MAKUENI POLICE STATION SUBJECT: INJURY TO A POLICE OFFICER. OB. NO.49/7/10/2020 AT 19.20 HRS. It was reported by No.118073 Pc(w) Nancy Njeri of Makueni Police Station that at around 1920 hrs she was invited by one Onesmus Masaku a lawyer within Makueni law courts to his house in Westlands area of Wote Township with an aim of introducing her to his would be wife. While in the said house ,the lawyer changed the story and demanded to have sex with her. She refused but the lawyer grabbed her and started forcing her to his bedroom. This prompted then to engage in a fight whereby the officer grabbed a panga and cut him on both hands before managing to escape. The officer sustained bite wounds on the right ear and on both hands at the fingers. She has been rescued and rushed to Makueni Referral Hospital where she has been treated and discharged while the assailant is currently receiving treatment at the same hospital in stable condition. Progress reports to follow

Report 2

MAKIENI COUNTY
MAKUENI SUB COUNTY
MAKUENI POLICE STATION
SUBJECT: ARREST OF A POLICE OFFICER
Following a serious injury incident of one Onesmus Madaku a Lawyer at Makueni Law Courts by No. 118073 PC(W) Nancy Njeri, the officer has been arrested and will be arraigned in court with the offence of Attempted Murder(.) The victim was first admitted at Makueni Referral Hospital and later referred to Kenyatta National Hospital after his condition worsened(.) More report to follow (.)

Report 3

*MAKUENI COUNTY*
*MAKUENI SUB COUNTY*
*MAKUENI POLICE STATION*
SUBJECT: INJURY TO A POLICE OFFICER/PROGRESS REPORT: AS PER THE PREVIOUS REPORT ON THE ABOVE SUBJECT CMM THE SCENE HAS BEEN REVISITED BY POLICE OFFICERS AND IT HAS BEEN ESTABLISHED THAT ONE ONESMUS MASAKU WAS SERIOUSLY INJURED BY NO. 118073 PC/W NANCY NJERI WITH A PANGA WHICH WAS RECOVERED FROM THE SCENE. THIS WAS EVIDENT BY THE STAINS OF BLOOD IN THE TABLE ROOM AND WALLS. ALSO RECOVERED WAS A BLACK BAG WITH THE FOLLOWING ITEMS:- 1. WATER HEATER (JUG) 2. TWO MOBILE PHONES 3. ONE SCISSORS 4. A SMALL DRESS WRAPPED WITH A PIECE OF NEWSPAPER AND 5. COOKING OIL IN A YELLOW PLASTIC BOTTLE. THE SAID ONESMUS MASAKU HAS BEEN TRANSFERRED TO KENYATTA NATIONAL HOSPITAL IN SERIOUS CONDITION FOR SPECIALISED TREATMENT. CASE P.U.I

LSK’s defence

The Law Society of Kenya to which the lawyer is a member has a different version altogether. According to the President of LSK Nelson Havi, the police are trying to cover up an attempted murder by a jilted lover.

“Police in Makueni are complicit in the attempted murder of Lawyer Onesmus Masaku by Policewoman Nancy Nyeri. The two are known lovers and Njeri attempted to kill him after he refused to accede to her demands for marriage. Nancy Njeri should be arrested and charged. ^POLSK”, Nelson Havi wrote.

A screenshot of Nelson Havi’s tweet.

Where is the truth?

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Director General National Transport and Safety Authority Act (NTSA) Mr George Njao

The National Transport and Safety Authority (NTSA) in collaboration with the National Police Service (NPS) released a statement on increased road crashes Friday.

“Reports indicate that 2,689 persons have lost their lives between 1′ January and 30th September, 2020, compared to the same period last year where 2,655 lives were lost. This translates to an increase of 1.3%. During this period, Motorcyclists and pillion passenger deaths increased by 44.94% and 19.44% respectively. Below is a summary of the reported fatalities during this period”, the joint statement said in part.

NTSA/NPS: Summary of fatalities

NTSA also shared that in only two days, that is 2nd to 4th of this month, 60 people lost their lives in road accidents due to drunk driving.

In a summary tabulated reports, the accidents between 2nd and 4th October happened on the most active bar days, that is Friday to Sunday.

Hillary Mutyambai, Inspector General of Police

This and other trends nudged the two institutions to institute safety measures one of which is the reintroduction of ‘random drunk driving tests’.

“To this end the National Police Service will undertake nationwide enforcement operations to address factors such as speeding, lane indiscipline, assessment of general compliance with Public Service Vehicle (PSV) licensing requirements, crackdown on unroadworthy vehicles among other traffic offences. Additionally, random drank driving tests shall be conducted in all major towns from today hence forth”, the joint statement concluded.

NTSA and Polcie assured the public that the Ministry of Health (MoH) COVID-19 containment guidelines will be adhered to.

In April 2017, a man moved to court to challenge the use of breathalyser tests on motorists. The High Court sided with the athorities and the case moved to Appeals Court which also delivered its ruling.

“We find no merit in the appeal. The High Court did not error in denying the appellants the reliefs they sought in their petition dated February 28 2014,” the court of appeal ruled.

In its observation, the court of appeal however noted that there was need to amend the Traffic Act to realign it to the breathalyzer rules.

The case was filed in 2014 by the Managing Director of Reminisce Sports Bar Kariuki Ruitha who argued that police have been enforcing the breathalyser Rules in a manner degrading to the dignity, honor, and esteem of motorists who consume alcohol.

“As a result of the uncivilized and illegal enforcement of the unconstitutional breathalyser rules, Reminisce bar has lost over 80 per cent of its business as a result of which it has had to lay off 29 employees and 15 Artistes,” Ruitha said in his petition.

The mainstream media then reported that the courts have declared alcoblow use illegal.

NTSA shot back imediately, saying its use will continue.

“While misleading reports indicate National Transport and Safety Authority (NTSA) has defied court orders and that drinking driving operations have been banned or suspended, the fact remains, the Court of Appeal ruling of April 7 did not quash enforcement of the breathalyser rules nor stop the Authority from conducting drink driving operations. Hence the Authority will continue with its country-wide drink driving operations”, Dido Guyatu, Deputy Director Corporate Communications, NTSA said.

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Mountain climbers on the Marangu route who were at Kibo Hut were quoted to have seen the fire in the shrubs that are close to Mandara saying given the nature of the vegetation it could spread further if not contained.

Mount Kilimanjaro

Mount Kilimanjaro has 3 volcanic cones: Kibo, Mawenzi and Shira. It is the highest mountain in Africa and the highest single free-standing mountain in the world: 5,895 metres above sea level and about 4,900 metres above its plateau base.

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We can now authoritatively reveal that Yuehua Bai, the ghost owner of the Quest Civil Engineers Ltd, is the reason as to why the Nairobi Hospital fired the incompetent and full of interests then CEO Allan Pamba.

It was reported that Pamba’s goose started cooking-rather roasting- when he fired the facility’s Finance Director who was the son of the former MD National Bank and a controversial Moi era ‘businessman’ John Simba who’s also listed amongst the ghost owners of the Nairobi Hospital.

Another narrative came that, Nairobi Hospital’s Board Chair Dr Irungu Ndirangu had fired Allan Pamba- who is said to have been trying to control the procurement and finance department at the facility to suit his looteinants in the UN financed Sh1.1 Billion COVID-19 treatment facility at the Old Nursing School in Nairobi Hospital– and, instead of, rewarded the tender to Quest Civil Engineers Ltd- a firm associated with Dr Ndirangu’s brother.

Is it true? Yes, about COVID-19 Center, Allan Pamba and the Project Manager Brian Lishinga were supporting China Wu Yi. Then CEO Pamba and his right-hand man- Lishinga had already received their kickback upfront. China Wu Yi handlers were pushing them very hard after they lost the multi-billion tender they had bribed to bag. Allan kept promising them that there are other tenders coming.

China Wu Yi carries out international projects as the overseas arm of the Fujian Construction Engineering Group Company, a China State-owned conglomerate that was, in September 2006, awarded the Ksh123 trillion modernization of the Jomo Kenyatta International Airport.

YUEHUA BAI

Yuehua Bai-the Chinese man pictured in white shirt

So, Did Dr Irungu Ndiragu cut out Pamba and his cronies and gifted his brother’s firm the multi-billion tender? NO, well not really- because the said to be Dr Ndiragu’s brother RM Kariuki is only listed as a secretary without a single share in Quest Civil Engineers Ltd- Which is owned by the alleged scam mastermind and Chinese cartel Yuehua Bai.

Here is the proof that Yuehua Bai is the ghost owner of the incompetent Quest Civil Engineers Ltd and Ndiragu’s distant brother has no shares in the Chinese firm.

OS-52FEEVPD-Company Search CR12 (1)

Bai’s five-year work permit in Kenya expired on June 3rd, 2020. He has therefore been working in Kenya illegally, and this includes, signing of the contract in July 2020 and Building the COVID-19 Center at the Nairobi Hospital, for the last four months, without a Work Permit. How did that happen?

2nd from right is Yuehua Bai-the Chinese man pictured in white shirt- when he was launching another failed Ksh1.4 Billion project in Bungoma. The event was graced by the Governor Ken Lusaka and deputy governor Hillary Chongwony, county executives Laurian Kolikho, Patrick Koyi, Stephen Nendela, Beryl Mutekhele, John Munyasia and county secretary Murumba Chiuli.

While you still wondering! Then Bungoma Governor now Senate Speaker Kenneth Lusaka gave the Chinese cartel Yuehua Bai’s firm Sino-Kenya Engineering Company Limited a 10.2-acre parcel of land on 24th of January 2015 with hopes that the Chinese firm would establish a sh1.4 billion maize milling plant at Mitua near Brigadia market in Tongaren sub-county in Bungoma county. Is the project running? Well, your guess is as good as mine and you’ve probably never even heard of it.

Back in the City, Yuehua Bai hides his looting tracks in fictitious firms that, funny enough, have Kenyan origin that traces back to China. Take, for instance, Bai the cartel is listed as the Director and 41 per cent Shareholder Kenyan owned firm Huade Motors Kenya Ltd

Yuehua Bai, the ghost owner of the incompetent Quest Civil Engineers Ltd is also a shareholder of Huade Motors Kenya Ltd.

According to the initial plan as approved by the United Nations on behalf of the Financier- World Bank, the 150-bed ultra-modern facility with 25 Intensive Care Unit (ICU) and 50 High Dependency Unit beds, a theatre, laboratory, a radiology diagnostic centre was supposed to be completed in eight weeks time and up to now, close to 100 days, the inexperienced Yuehua Bai owned firm is still asking for time to be extended.

However, Allan Pamba and his tumbocrats were slapped with dismissal letters after the board cut short their plans only to award the little known Quest Civil Ltd a Chinese firm owned 100% by Yuehua Bai who, by the way, is in Kenya illegally! Yes, his work permit expired long before he signed the contract this year.

Was the tender awarded illegally, since the 100% Shareholder to the firm that bagged it, Yuehua Bai is working in Kenya, illegally?

Then Nairobi Hospital CEO Allan Pamba defending himself against the multi-million tender scam

Makes me wonder! How is Bai still bagging UN-funded tenders in Kenya, yet, up to now, he is yet to renew his work permit? Or perhaps, the UN and Nbi Hospital awarded the COVID-19 centre tender without doing due diligence?

AU Commission and its chairperson Moussa Faki Mahamat appointed former Prime Minister Raila Odinga as  AU’s High Representative for Infrastructure Development in Africa since this is an UN-World Bank-funded project- is he answerable or are his oversight duties part of this? What is Raila Odinga as AU’s special envoy response about this scam?

Note, As of October 7th 2020, Bai had not even applied for a renewal of his work permit. How can one be in Kenya illegally, and get awarded to Construct a Ksh 1 Billion COVID-19 Centre Hospital funded by United Nations/Nairobi Hospital?

How? I mean, Bai being here illegally means, he does not owe anyone, any responsibility, let alone the fact that he should not be in Kenya nor working!

By the way, Dr Ndiragu’s fronted Quest Civil Engineers Ltd is not only illegally working in Kenya but also the embattled director Yuehua Bai has failed to pay contractors their dues since the groundbreaking.

Corruption is a mortal enemy in Kenya and while it remains the duty of the YOUTHS to challenge it, none of the corruption-related issues will be resolved without ACCESS to the information.

Now I pose the question, who are these at the Immigration Department that are protecting this Chinese cartel and keeping him in Kenya illegally?

WHO IS THIS THAT IS PROTECTING YUEHUA BAI?

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In the recently concluded commercial court ruling in the Ham Enterprises Vs DTB Uganda and DTB Kenya case, court ordered Diamond Trust Bank to pay Ham Enterprises all the monies that were illegally and fraudulently debited from the company accounts with an interest of 8% as penalty for the illegalities. This means that Diamond Trust Bank was ordered to pay Shs 129.6 Billion and Legal Fees to Ham Enterprises.

The commercial court ruling has sent such a great signal in the direction of Uganda finally gaining her economic independence that has been for long serving interests of foreigners over Ugandans.

This historical ruling has left many bankers in the Ugandan Banking sector panicking that illicit financing (syndicated loans) could be declared illegal in Uganda, a rumor being propagated by officials from the Uganda Bankers Association as a way of causing panic since their illegalities have now been exposed by the commercial court ruling.

The Uganda Bankers Association is also impulsively persuading other trade associations to join them in a cause that under looks the independence of the judiciary through releasing multiple press releases referring to the commercial court ruling as “RECKLESS”.

The Uganda Bankers Association has also failed to appreciate the decision taken by the commercial court towards cleaning Uganda’s Banking sector but instead continued to create unnecessary fear and panic with intentions of blackmailing and holding the government of Uganda hostage.

In a letter written in reply to the allegations of Uganda Bankers Association by Ham Enterprises and their lawyers noted that there is no reason why the government of Uganda should be blackmailed and taken hostage of its own sovereign jurisdiction just because it is the largest beneficiary of syndicated lending for various projects.

Here are some facts that came out of the commercial court ruling that we need to keep our eyes focused on;

The case against DTB Uganda was for the recovery of colossal sums of money in the amounts of US$ 23M and Ugshs.34Bn. These amounts were unlawfully debited from Ham Enterprises U Ltd accounts for a period of over nine (9) years.

The High Court rightly entered judgement in favor of Ham Enterprises against DTB Uganda after it struck out its defense on account of the illegalities which had been established.

Many Ugandans were left wondering why the Uganda Bankers Association has not come out to condemn some of its errant members who go against the UBA core values of integrity, transparency, professionalism, good governance and service excellence.

The illegalities raised against DTB Uganda and DTB Kenya which they both failed to counter in the suit were two fold, namely: That DTB Kenya was not licensed to conduct financial institutions business in Uganda as it did not obtain permission to do so from the Central Bank of Uganda under S. 117 Financial Institutions Act, 2004 (as amended). Also that DTB Uganda acted in contravention of its license, the Financial Institutions (Agent Banking) Regulations, 2017 and the Financial Institutions Act vide S. 126 when it acted as an Agent Bank of DTB Kenya, without first obtaining approval to do so from the Central Bank of Uganda.

There is no reason why the Government of Uganda which is a sovereign juridical person should be blackmailed and taken hostage in its own sovereign jurisdiction just because it is the largest beneficiary of syndicated lending for various projects.

The Government of Uganda has a corresponding duty to respect, protect and apply the laws of Uganda equally to itself and all players in the Banking sector, irrespective of whether they are local or foreign lenders.

There is no country in the world which doesn’t regulate syndicated loan transactions involving foreign banks or lenders. The High Court judgement has ensured that Uganda takes its place as a responsible member of the global financial community by adopting and adhering to international lending best practice. Why should any well intentioned and patriotic Ugandan oppose such a noble cause?

Monitoring and supervising all syndicated loan facilities in the economy will greatly reduce the risk of tax avoidance and evasion where Uganda has been losing billions of shillings. Illicit Finances (Syndicated loans) have been injected into Uganda’s economy without supervision by Bank of Uganda (BOU) meaning that even after these loans have accumulated interests Uganda does not benefit since they do not pay tax.

The Entire Uganda Bankers have recently published and declared a total of  UGX15 Billion only as the total of loans disbursed in the Ugandan Economy as per their half year loan book published in june. Yet they report an illicit finance (syndicated loan) portfolio of UGX5.7 that was injected into the Ugandan Economy without approval or regulation by the Central Bank.

This makes the currently taxable financial transactions(Ugx15B) a mere 0.26% of the entire unreported/untaxed (illegal transactions) of UGX5.7 Trillion in the Ugandan Economy as reported by Ugandan Bankers.

This arises the biggest question on every Ugandan’s heart that;  Can the Uganda Bankers Association give an account of all taxes payable to the Ugandan treasury against interest payments remitted on the Illicit Finances (Syndicated loans) portfolio which they reported to now stand at UGX 5.7 trillion?

Given the fact that the Uganda bankers are doing or abetting business that is not reported as the cumulative amount of interest payments that go out to the foreign loans are neither captured nor cited anywhere, couldn’t the Uganda Bankers Association be ensuring that the government does not collect the required tax from the financial transactions that they either handle or go through them?

The Author is a Kampala Based Financial Analyst Via Ugandan Wire 

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The Director of Public Prosecutions Noordin Haji has denied concealing documentary evidence in a move aimed at fixing Busia Governor Sospeter Ojaamong in a Sh8 million graft case.

Prosecution lawyer Grace Murungi said in an affidavit that Ojaamong and eight others have a case to answer based on the totality of the evidence on record.

The county boss had accused the DPP of misleading the court by concealing documents likely to influence the ‘court’s mind’ in determining whether they have a case to answer or not.

Ojaamong also accused the investigating officers, who were prosecution witnesses, admitted to have received several documents that were relevant to the case but DPP chose not to supply to defence with the same documents.

DPP Noordin Haji in a past photo [p/courtesy]

“I believe this petition is a last ditch effort by Ojaamong to avoid or abort their trial before Magistrate Douglas Ogoti, which they desperately seek to avoid at all costs due to their inability to mount any credible defence to the charges they face there and the evidence presented against them during the course of the trial,” Murungi said.

Last week, the controversial governor obtained a court suspending the criminal proceedings before anti-corruption Magistrate Douglas Ogoti. The order was issued by Judge John Onyiego on the grounds that prosecution team led by Senior Counsel Taib Ali Taib was threatening and intimidating Ojaamong’s witnesses.

The governor was charged with abuse of office and other corruption related offences in 2018.

Ojaamong unilaterally signed an MoU with Madam R Enterprises Ltd in a project for a solid waste management system without any regards to procedures and laws governing the management of public finances and projects, leading to loss of Sh8 million.

DPP called 20 witnesses and closed its case on February 20 this year when the governor and his co-accused were subsequently placed on their defence.

The defence case started on July 20 with the testimony of Ojaamong and his witnesses but he later raised issues with how Taib questioned his witness Jairus Oriko.

Issues began after Taib said  “in fact after observing the witness, I am going to recommend to the investigating officers why they did not actually go for this guy.”

Ojaamong considers such threats as the reason why key witness who had already been identified and confirmed has since abandoned him and expressed his unwillingness to appear.

The witness is Moses Osia is still an employee at the county offices  who abandoned the process for fear of victimisation by the prosecution.

But the prosecution claims that Taib uttered the words after he observed the demeanours of the witness and the responses he had given to questions put to him during the cross-examination.

DPP has denied intimidating the witness saying the utterances by Taib were meant to stress the importance of testifying truthfully since he had chosen to give sworn evidence.

Haji also says that the defence has not proved that Moses Osia has failed to go to court due to the alleged threats.Mr Osia is a key witness in the case that will be heard October 19.

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Up to 100 constituencies will lose more than Sh771 million in National Government Constituencies Development Fund (NG-CDF) allocation if the Parliament adopts new proposed changes in distribution formula.

The National Government Development Fund (Amendment) Bill, 2019, which has already been adopted by the house’s Select Committee on the NG-CDF.

The bill proposes that the 290 constituencies equally share 75% of the annual NG-CDF allocation and the rest will be distributed based on the number of wards per constituency.

“Using the annual allocation for 2020/21 of Sh41.7 billion the proposal resulted in a high of Sh156.8 million and the lowest at Sh124.2 million, creating a variance of Sh32.5 million. The effects of this is that 190 and 100 constituencies are better and worse off respectively” reads part of the committee report.

The proposal will see 190 constituencies gain between Sh6 million and Sh13 million while the rest will lose Sh158,155 to Sh13 million.

But all the 290 constituencies receive a flat rate of Sh137.4 million annually after the National Treasury allocated Sh41 billion to the NG-CDF in the current financial year.

The committee wants the budget ceiling for each constituency to 3/4 of the amount divided equally among all constituencies and 1/4 divided among all constituencies based on the number of wards in each constituency.

The formula is similar to that of the senate where 47 counties are allocated varying amounts based on a range of parameters such as population size, land area, health care and roads.

The NG-CDF board said the proposals will lead to a huge variance in allocation of funds to constituencies. “Scenario developed by the board and working with the 2020/21 financial year allocation results in a wide range variance of Sh113,322,255 where Turkana West and Lamu East would receive the highest and lowest at Sh220,675,608 and Sh107,453,353 respectively.

Tongaren MP Eseli Simiyu who is the man behind the amendment bill wanted to amend Section 34 the NG-CDF Act, 2015 to introduce a new budget ceiling for constituencies.

Simiyu proposed that 3/4 of the CDF cash be divided equally among all constituencies and an amount equal to a quarter be divided by the national poverty index multiplied by the constituency poverty index.

The Tongaren lawmaker claimed that the equal share as stipulated in the NG-CDF Act, 2015 is unconstitutional since constituencies vary in terms of needs and levels of poverty and many constituencies are below the poverty line.

“It is worth noting that equal sharing of the fund would not close the poverty gap index,” Simiyu said.

The NG-CDF board also claimed it had been exploring a number of variables to improve the basis of sharing the constituency funds.

NG-CDF is meant to support projects under the functions of the national government in schools, education bursaries and security-related projects such as police stations and police posts.

CDF is popular with MPs who use it to initiate development projects at the constituency level to ‘market’ themselves to the electorate as top performers.

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