Blog Page 153

CBK ASKS COURT TO FREEZE IMPERIAL BANK’S BIG CUSTOMER’ S ACCOUNT’S

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Lawyer George Oraro acting for Central Bank of Kenya at Milimani law courts. BY SAM ALFAN.
Lawyer George Oraro acting for Central Bank of Kenya at Milimani law courts.

BY SAM ALFAN.

The Central Bank of Kenya claim that directors whose companies have bank accounts with the bank placed under receivership have colluded the current managing director to siphoned over sh 34 billion from the bank.

George Oraro acting for Central Bank of Kenya told Justice Fred Ochieng, that unless a restraining orders is issued against the defendants companies numbering up to twenty from disposing or transferring their assets there is likelihood depositors loosing their money.

” The assets will be transferred or disposed in a bid to defeat the cause of justice, he told the court. He said that the first defendant company W.E. Tilley (Muthaiga) limited has admitted having received Sh 10 billion has offered its properties held as a charge.

After the passing away of the Deceased Mr Abdulmalek Jammohamend, Mr. Naeem Shah(formerly the Bank’s Head of Credit and now currently the Bank’s Acting Managing Director) and Mr. Kaburu ( former Chief Finance Officer and current Deputy Managing Director) revealed to the Bank’s Directors that the Deceased had been responsible for activities and/or actions that were irregular, to wit: the Deceased had for sometime instructed them to carry out certain false, fraudulent, unlawful and illegal activities in the Bank.

They claimed that they said that they had been instructed by the Deceased to permit the Defendants among other customers of the Bank to withdraw vast sums of money from their accounts without having any loan facilities or accommodation

.They had received instructions on handwritten chits to carry out the acts set out in (a) above they had been instructed to manipulate the Bank’s books so as to allow the false, fraudulent and unlawful acts set out in(a) above so as to hide the fraudulent acts of the Deceased who had in concert with the Defendants stolen a lot money from the bank

 

NAIROBI EX-MAYOR GEORGE ALADWA ORDERED TO PRESENT HIMSELF TO POLICE WHEREVER REQUIRED.

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Former Nairobi mayor George Aladwa leaves Milimani law courts accompanied by his supporters after he was ordered to comply with summons by the police or attendance to court.

BY SAM ALFAN.
Former Nairobi mayor George Aladwa has been ordered to comply with summons by the police or attendance to court

Justice Joseph Onguto, said bond terms given to him will remain in place until further direction by the court

He said if asked to appear before the police or court he should do so without failure.

The directed the petition challenging his arrested prosecution over alleged utterance he made at public rally be heard on 30 October

Justice Onguto on Friday ordered the release of Aladwa who was being held by the police over alleged hate speech and incitement to violence

Judge directed that he be released on cash bail of Sh 20000 or personal bond of Sh 200,000.

The judge said that the order be served upon the OCS kamkunji and the application be served upon the DPP director of criminal investigations and inspector general of police and the matter be be heard on Tuesday 27 inter parties.

The politician, who was captured on a video clip warning the State against rigging the 2017 elections, filed an urgent application at the High court saying he was afraid police were planning to keep him in remand over the weekend.

Through his lawyers Dr John Khaminwa,Antony Oluoch and Harun Ndubi, the politician said his arrest and torture by being shuttled from one police station to another was actuated by reasons other than administration of justice.

He said summoned to Kilimani police station where he requested to be released on bail after he recorded a statement but his request was denied.

He was later taken to Mazingira House at the CID headquarters Kiambu, where he was held for several hours before he was bundled in a police vehicle and taken to Kamukunji police station before he was driven to Jomokenyatta international Airport police station where he was again removed and taken to Machako police station

The director of public prosecution has already drawn a charge sheet against Aladwa who is now expected to be arraigned in court on Monday morning.

According to the charge sheet, , the politician is accused of stating”2017 is nearing and we fom ODM have been left with a single bullet.,.” I am saying and I have told our party leader Raila Odinga, this time round the outcome of election, we will have won and they take the win from us,then let it be worse”.

JUDGES AND MAGISTRATE AGM SUSPENDED FOR FOUR MONTHS.

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Kenya Magistrates and Judges Association (KMJA) Secretary General Bryan Khaemba (right) flanked by the association treasurer Derik Kuto addressing the media at Milimani law courts on Thursday where they said the association was against the vetting of Khadhis saying the directive by Judges and Magistrates Vetting Board was unconstitutional on Thursday 20 August,2015.
BY SAM ALFAN.
Kenya Magistrates and Judges Association (KMJA) annual general meeting scheduled for this month has been suspended for a period of 120 days.
High court judge Justice Joseph Onguto put on hold the, meeting to allow current officials to make returns to the registrar of societies.
The AGM and the general conference was scheduled to take place on 29 and 31 October to elect the association’s officials and a representative to the judicial service commission.
City lawyer Kevin Turunga Ithagi moved to court seeking to halt the meeting, saying that KMJA since its registration has been embroiled in illegalities and it’s conducted its business unlawfully
The petitioner says that KMJA has no registered officials to conduct its business at the AGM, saying that current office bearer are not recognized by the Registrar of Societies no returns have been since 2012.
He told the court that officials of KMJA have through the national council, illegally amended the association’s Constitution and further created additional regional councils, which is contrary to stringent procedures. as provided for under its statue.
” Petitioner also assert that the officials of KMJA are in office illegally and improperly and have continued to conduct themselves in a manner not expected of state officers pursuant to Article 10 of the constitution” he told the court.
However the application was opposed by current officials through Elisha Ongoya, saying the petitioner had not demonstrated any rights as been infringed or is threatened with infringement to be entitled to the conservatory order halting the meeting.
He submitted that changed rules were subject for adoption during the AGM, saying the efforts are being made to regularize the association’s records for submission to the registrar of societies.

POLITICAL PARTIES WITHDRAWS CASE AGAINST TWO POLITICIANS OF CCU PARTY.

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Chama Cha Uzalendo (CCU) party leader Wavinya Ndeti with party supporters outside Milimani law courts on Monday October 26,20-015 after the Political Party Tribunal has dropped the complaint by three Chama Cha Uzalendo political Party members who were contesting their removal from the party.

BY SAM ALFAN.

Political Party Tribunal has dropped the complaint by three Chama Cha Uzalendo political Party members who were contesting their removal from the party.

The tribunal lead by four panels Kyalo Mbobu,ChachaOdera,Jessie Mutura and James Atema yesterday said the expulsion of Veronicah MbitheMativo, Abdalla Bwanamaka and Titus Kaloki from the party was valid.

“Having said this we find and declares that the complainant’s suit be hereby dismissed and we hold that the expulsion of the complainants as members of the party was valid,” said the panel.
They further directed that the three complainants to be restrained from acting as officials and members of Chama Cha Uzalendo political party.

The former CCU Chairman Bwanamaka and nominated Machakos County MCA Mativo had appealed against a decision that returned Wavinya Ndeti as the chair lady of the party.

Early this year the tribunal dismissed a case that had sought to kick out Ndeti on grounds that it lacked substantial reasons saying it had no jurisdiction to entertain the complaint.

“No useful purpose shall be served by proceedings further with this claim as filed in the circumstances, we uphold the preliminary objection and dismiss this claim,” reads the ruling.

The panel also dismissed the application because the applicants had not exhausted the party’s Article 24 of constitution on dispute resolutions mechanisms before filing the complaint.The applicants were dissatisfied with the ruling and they appealed that decision.

In the dispute, the party leader Wavinya admits that Mativo is a member of the CCU party but not a registered official of the same.

The respondents claim that there is only one set of the officials that are running the political party and those purporting to be officials had been removed from the office.

The complaint arised between the parties but the internal dispute resolution mechanisms failed to settle the matter.

The panels said that the office of the of the registrar of political parties in the letter dated July 20,2015 addressed to both parties and advised them to refer the matter to the tribunal.

The parties according to the panel were claiming to have been members of the National Executive Council Organ of the CCU party.

The complainants were seeking a declaration that the respondents are not the legitimate officials of Chama Cha Uzalendo party.

They were seeking an order that expulsion of the claimants from membership of Chama Cha Uzalendo political party contravenes the law. They were also seeking an order setting aside their expulsion from the Party.

The complainants were seeking an order directing the office of the registrar of political parties not to alter or remove the list of members of (CCU) so as to implement the decision to expel the complainants from the Party.

Mativo had earlier been charged at the Milimani magistrate court with an attempt to steal more than Sh1.9 million from the party.She was also charged with forging a cheque from Commercial Bank of Africa.

She denied the charges before Senior Principal Magistrate Ellenah Nderitu.The magistrate ordered Mativo released on Sh1 million bond or Sh500, 000 cash bail.

Mativo was accused of forging a Sh1, 940,000 Commercial Bank of Africa cheque payable to Maur Abdalla Bwanamaka.She then allegedly stole the money at the bank’s Wabera branch, Nairobi, on March 26, 2013.

 

GOVERNOR IRIA TO APPROACH COURT AGAIN IN A BID TO STOP IMPEACHMENT DEBATE.

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Embattled Muranga governor Mwangi wa Iria lawyer Nganga Mbugua with impeached Muranga County Executive member for finance ,information technology and planning George Kamau and lawyer Charles Njenga leaving Milimani law courts on Monday October 26,2015.
BY SAM ALFAN.
The embattled Muranga governor Mwangi wa Iria will on Thursday attempt his second bid to convince high court to restrain the senate from debating his impeachment motion by Muranga County Assembly.
Iria’s lawyers Paul Muite and Nganga Mbugua appeared before Justice Onguto on Monday seeking temporary orders to bar the senate from debating the governor’s impeachment but was directed to appear in court on Thursday for further directions,
Justice Joseph Onguto heard that the speaker of the senate is yet to summon the governors for the hearing of the impeachment motion.
The axe fall on Murang’a Governor Mwangi wa Iria, on October 21 after the Assembly voted that he is no longer capable of being their county chief.
He becomes the second governor to be removed by members of the county assembly (MCAs), the first being Embu Governor Martin Wambora.
Iria moved to court seeking orders to stop the Senate from recommending his removal from office.
Muranga County assembly has passed a motion for his impeachment and the speaker has only up today to forward to the speaker of the Senate the impugned resolution.
The governor through his lawyer Nganga Mbugua, told the court, that the manner in which Wa Iria was impeached was unlawful to the extend that he was given an opportunity to defend himself has required by law.
” Without any due process and in utter contravention of the governor’s right to appear and be heard before approving a motion for removal the assembly speaker approved motion for his removal” he said.
Nganga told Justice Joseph Onguto, that denying the governor opportunity to be heard Muranga County Executive violated its own standing order no 67 in which the governor is entitled to appear before the relevant committee.
The right to appear and be heard before adverse action is taken by body acting in judicial manner is sacrosanct and any action taken is a nullity, he said
The judge heard the court as the custodian of the constitution has power to review the decision of the | Muranga County assembly sending the governor home over alleged misuse of the county money.
There is no valid resolution capable being taken to the speaker of the senate, saying the court should consider issuing conservatory order on the inherent merits of the case.
The court certified the application urgent and directed that same be served upon Speaker of the Senate, Muranga County Assembly and the Senate and the matter be heard on Monday 26 inter parties.
The impeachment motion was tabled in the County Assembly on Tuesday last week by nominated MCA Ms Mary Waithirawho asked her comrades to get rid of the governor over alleged flouting of public finance management and procurement procedures.
In the motion, Ms Waithira said that the governor lacks accountability in management and use of the county’s resources and has incurred a debt of Sh2.5 billion which was never disclosed to the assembly.
“Gakoigo stadium under the department of Youth and Sports was allocated Kshs.30 Million in the financial year 2014/2015, yet it had incurred a total debt of Sh59 Million and no monies had been paid,” the MCA said.
She also claimed that the action puts the county at a very precarious situation which may lead to auctioning of county assets.
Governor wa Iria is said to have allowed misappropriation of county funds by spending public money in private commercial entities.
Ms Waithira said that a report by the Auditor General on the financial operations of Murang’a county executive for the period, 1st July 2013 to 30 June 2014 showed that the County Executive contributed a total of Sh28.5 million to Murang’a Investment Co-operative Society (Shilingi-Kwa-Shilingi).
“The Society is an autonomous body independent of the County Executive and according to the Auditor General’s report; it was not clear therefore the circumstances under which the county Executive was funding it,” Ms Waithira said.
High court will hear the inter parties on Thursday.

MURANGA GOVERNOR SEEKS TO STOP HIS IMPEACHMENT.

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Embattled Muranga governor Mwangi wa Iria lawyer Nganga Mbugua with council of governors lawyer Peter Wanyama at Milimani law courts on Friday October 23,2015.,
BY SAM ALFAN.
Embattled Muranga governor Mwangi wa Iria has moved to court seeking orders to stop the Senate from recommending his removal from office’
Muranga County assembly has passed a motion for his impeachment and the speaker has only up today to forward to the speaker of the Senate the impugned resolution.
The governor through his lawyer Nganga Mbugua, told the court, that the manner in which Wa Iria was impeached was unlawful to the extend that he was given an opportunity to defend himself has required by law.
” Without any due process and in utter contravention of the governor’s right to appear and be heard before approving a motion for removal the assembly speaker approved motion for his removal” he said.
Nganga told Justice Joseph Onguto, that denying the governor opportunity to be heard Muranga County Executive violated its own standing order no 67 in which the governor is entitled to appear before the relevant committee.
The right to appear and be heard before adverse action is taken by a body acting in judicial manner is sacrosanct and any action taken is a nullity, he said
The judge heard the court as the custodian of the constitution has power to review the decision of the | Muranga County assembly sending the governor home over alleged misuse of the county money.
There is no valid resolution capable being taken to the speaker of the senate, saying the court should consider issuing conservatory order on the inherent merits of the case.
The court certified the application urgent an directed that same be served upon Speaker of the Senate, Muranga County Assembly and the Senate and the matter be heard on Monday 26 inter parties.
The axe fall on Murang’a Governor Mwangi wa Iria, on October 21 after the Assembly voted that he is no longer capable of being their county chief.
He becomes the second governor to be removed by members of the county assembly (MCAs), the first being Embu Governor Martin Wambora.
Governor wa Iria was on Wednesday shown the door by representatives of the people who in 2013 overwhelmingly voted him in.
He is now the second governor from the Jubilee coalition to be ousted through a ballot by members of his own political frank.
The impeachment motion was tabled in the County Assembly on Tuesday by nominated MCA Ms Mary Waithirawho asked her comrades to get rid ofthe governor over alleged flouting of public finance management and procurement procedures.
In the motion, Ms Waithira saidthat the governor lacks accountability in management and use of the county’s resources and has incurred a debt of Sh2.5 billion which was never disclosed to the assembly.
“Gakoigo stadium under the department of Youth and Sports was allocated Kshs.30 Million in the financial year 2014/2015, yet it had incurred a total debt of Sh59 Million and no monies had been paid,” the MCA said.
She also claimed that the actionputs the county at a very precarious situation which may lead to auctioning of county assets.
Governor wa Iria is said to have allowed misappropriation of county funds by spending public money in private commercial entities.
Ms Waithira saidthat a report by the Auditor General on the financial operations of Murang’a county executive for the period, 1st July 2013 to 30 June 2014 showed that the County Executive contributed a total of Sh28.5 million to Murang’a Investment Co-operative Society (Shilingi-Kwa-Shilingi).
“The Society is an autonomous body independent of the County Executive and according to the Auditor General’s report; it was not clear therefore the circumstances under which the county Executive was funding it,” Ms Waithira said
She also claimed that in the County Governments Budget implementation review reports of the Controller of Budget, the County Executive under the stewardship of the County Governor incurred advertisement expenditure amounting to Sh247 Million against an approved budget of Sh7 Million as at 31st March 2015.
Governor Wairia was also accused of demanding money and not remitting the same to the tune of Sh125 million.
Ms Waithira also said that Mwangi wa Iria has been diverting public funds to non-devolved functions such as construction works at Kahuhia Girls amounting to Sh31 million and converting public primary schools into boarding schools.
The governor is also said to have used alternative procurement procedures to purchase a land along Kenol- Kabati Road, at a cost of Sh340 Million.
Additionally, he was blamed for borrowing a loan of Sh200 Million from Kenya Commercial Bank without guarantee by the National Treasury.
“The said loan was not factored in the Debt Strategy Paper of the County Government of Murang’a over the medium term expenditure framework,” the MCA said.
The Governor and his executive are said to have irregularly purchased 20,000 bales of Hay for cows at MariiraFarm at Sh4 million. “Investigations reveal that there was no documented evidence for release and delivery of the balesof Hay.”
Governor Wairia is as well accused of failing to remit statutory deductions of the defunct local authorities, which have continued to attract interest and penalties to a tune of Sh131.6 million.
The MCA also said that the county has also been paying 80 ghost workers because there lacks a “precise inventory of the staff establishment.
”Ms Waithira said governor Wa Iriahas repeatedly failed to consult the public over the preparation of county plans, budgets, economy and financial management policies.
The governor, she added “is disregarding the Assembly and undermining its legislative authority, through requisition of monies and not remitting the same, hence crippling the operations of the Assembly and undermining the independence of the latter.”
The resolution to impeach the governor will now be presented to the Senate who will investigate the claims, either approve the impeachment or retain him in office.

JUDICIAL OFFICER FAILS TO STOP PROSECUTION.

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Robert Muli Matolo,a judiciary official who worked at Kilungu law court at Milimani high court .He was charged with sending offensive text Messages to a member of his family.
BY SAM ALFAN.
Suspended judicial officer has lost bid to have his criminal case terminated on grounds that the prosecution failed supply him witnesses statement from pone witness.
Criminal appeal judge Justice Grace Ngenye Macharia , dismissed the application by Robert Muli Matolo who he is charged with sending offensive text messages to John Kikunzi Kivanga.
The judge said that accused before the chief magistrate court had objected the production of data from Safaricom that was to be adduced police expert Hannington Chumba.
The police is prosecution witness number three, whom the judge found that his evidence is crucial in determining the criminal case.
Justice .Macharia, said without the production of the information from mobile service provider the trial court will in a position to make an informed decision for both prosecution and the accused.
“It’s the data that will confirm that indeed the accused used his mobile to send the offensive message which he has denied” the judge said.
The court directed that prosecution do recall witness number three the police officer has its witness.
She said that the prosecution to furnish the defence with witness statement and documentary evidence that it shall rely on within a period of seven days.
The judge further said that defence be at liberty to apply to recall the two witnesses who have already testified for further cross examination either before or after the third witness has given his evidence.
She directed that lower court file be remitted to the trial court for mention on 27 October 2015 before the chief magistrate for directions as to the hearing.
The accused was an employee of the judiciary based ar Kalungu law court; he held a position of executive officer.
The prosecution accuses him that on 11 September 2012 at around 1.00 pm by means of a licensed telecommunication system the Safaricom limited using bis mobile sent offensive text message to Kivanga.
“Your sum is equal to zero and a minus, yes bar zero, below zeros, you have nothing to offer at all, at all, even cold air, you are only 38 years old with nothing to offer only as a tenant in this world, see you in court bye for now” the accuse is said text the message
The judge his finding from the appeal said such offence need to be heard by the court by way of evidence and documentary.

FORMER CBK BOSS KICKED OUT OF MULTI- BILLION TATU CITY.

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Former Central Bank of Kenya governor Nashon Nyaga who have been kicked out from 240 billion lucrative investment.
BY SAM ALFAN.
Tatu City Majority Shareholders have taken over the Sh 240 billion project and consequently kicked out Nashon Nyaga and Vimal Shah from the lucrative investment.
The resolution from the board of the majority shareholders, find that the project was brought to halt by the Nyagah and Vimal who have invested nothing to the project.
The board also kick out city lawyer Nelson Havi from representing the company on grounds that he was appointed by Nyagah and Vimal who had no authority do so.
The board members could not fathom how a lawyer not appointed by the board could file a lawsuit against the company’s majority board directors who have provided all of the financing for the project. Moreover, the lawsuit was filed with the support of minority directors Shah and Nyagah, who did not consult with the board before instructing Havi to file Case No. 46 of 2015. Havi, Shah and Nyagah also stated falsely to the High Court of Kenya that they had authority to file Case
In the consequence the board has appointed Ahmednasir Abdullahi to represent Tatu City has company lawyer.
They have instructed their new lawyer (Ahmednasir) to withdraw all suits filed Nyaha and Vimal against the company
The majority shareholders accuse Nyagah and Vimal of filing suits against the company through the law firm of Havi and company advocates without their authority
This comes after top consulting firm PriceWaterHouseCoopers (PWC) opted out from carrying out investigation into the accounts of Tatu City due to internal wrangle between the local and foreign partners.
The audit firm said shareholders have declined to execute document to pave way for audit to commence.
The Majority shareholders said Nyagah and Vimal insisted that PWC be the only auditing firm, the board ha since established that the local shareholders had good relationship with the firm.
Justice Ogola had ordered for the audit following a stand off between the shareholders on the actual position of loans taken to purchase land for the project. PwC said that shareholders have not agreed on the terms of loan.
“The letter of engagement has not been signed by the parties. There appears to be hostility between the parties which may not allow us to proceed. We are a professional body and some disparaging remarks have been made about PwC by one of the parties. We therefore seek to withdraw from the assignment,” PwC to commence the audit, but did not get a go ahead to investigate the accounts.
The audit report was intended to quantify how much money had been borrowed from the offshore financiers since the project started, and what balance is still owed to lenders.
Foreign partners Stephen Jennings and Hans Jochum Horn had in an application alleged that Mr Nyagah and Mr Shah had good relationship with PwC and that there was likelihood for them to use their closeness to influence the out come of the audit
The dispute has persisted since February and has slowed down the project. Mr Nyagah and Mr Shah alleged that the foreign partner’s wants them removed they manage the project alone
The foreign partners accuse their local partners for breach of contract by transferring land meant for the project.
Consequently the (CID) has recommended for the arrest and prosecution of Mr Nyagah over an alleged action to defraud real estate of Sh5 billion.
Detectives investigating transactions involving the project’s subsidiaries have concluded that Mr Nyagah used close relatives and associates to irregularly transfer shares worth Sh5.3 billion, and has recommended that he and five others be charged in court.
Mr Nyagah and two city lawyers Nelson Havi and Edward Osundwa have since obtained a court order stopping their arrest and prosecution.
The actions of the Tatu City Limited board, carried out in accordance with corporate governance and Kenyan law, to ensure that Nyagah and Vimal, who have invested almost no money in the project, can no longer block the creation of tens of thousands of jobs and homes at Tatu City.

AXE FALLS ON YET ANOTHER JUBILEE GOVERNOR,MWANGI WA IRIA, MURANGA.

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Muranga Governor Mwangi Wa Iria who has been impeached.
BY THOMAS KARIUKI
@thomaskariuki
The axe has fallen on Murang’a Governor Mwangi wa Iria;the Assembly voted that he is no longer capable of being their county chief.
He becomes the second governor to be removed by members of the county assembly (MCAs), the first being Embu Governor Martin Wambora.
Governor wa Iria was on Wednesday shown the door by representatives of the people who in 2013 overwhelmingly voted him in.
He is now the second governor from the Jubilee coalition to be ousted through a ballot by members of his own political frank.
The impeachment motion was tabled in the County Assembly on Tuesday by nominated MCA Ms Mary Waithirawho asked her comrades to get rid ofthe governor over alleged flouting of public finance management and procurement procedures.
In the motion, Ms Waithira saidthat the governor lacks accountability in management and use of the county’s resources and has incurred a debt of Sh2.5 billion which was never disclosed to the assembly.
“Gakoigo stadium under the department of Youth and Sports was allocated Kshs.30 Million in the financial year 2014/2015, yet it had incurred a total debt of Sh59 Million and no monies had been paid,” the MCA said.
She also claimed that the actionputs the county at a very precarious situation which may lead to auctioning of county assets.
Governor wa Iria is said to have allowed misappropriation of county funds by spending public money in private commercial entities.
Ms Waithira saidthat a report by the Auditor General on the financial operations of Murang’a county executive for the period, 1st July 2013 to 30 June 2014 showed that the County Executive contributed a total of Sh28.5 million to Murang’a Investment Co-operative Society (Shilingi-Kwa-Shilingi).
“The Society is an autonomous body independent of the County Executive and according to the Auditor General’s report; it was not clear therefore the circumstances under which the county Executive was funding it,” Ms Waithira said
She also claimed that in the County Governments Budget implementation review reports of the Controller of Budget, the County Executive under the stewardship of the County Governor incurred advertisement expenditure amounting to Sh247 Million against an approved budget of Sh7 Million as at 31st March 2015.
Governor Wairia was also accused of demanding money and not remitting the same to the tune of Sh125 million.
Ms Waithira also saidthat Mwangi wa Iria has been diverting public funds to non-devolved functions such as construction works at Kahuhia Girls amounting to Sh31 million and converting public primary schools into boarding schools.
The governor is also said to have used alternative procurement procedures to purchase a land along Kenol- Kabati Road, at a cost of Sh340 Million.
Additionally, he was blamed for borrowing a loan of Sh200 Million from Kenya Commercial Bank without guarantee by the National Treasury.
“The said loan was not factored in the Debt Strategy Paper of the County Government of Murang’a over the medium term expenditure framework,” the MCA said.
The Governor and his executive are said to have irregularly purchased 20,000 bales of Hay for cows at MariiraFarm at Sh4 million. “Investigations reveal that there was no documented evidence for release and delivery of the balesof Hay.”
Governor Wairia is as well accused of failing to remit statutory deductions of the defunct local authorities, which have continued to attract interest and penalties to a tune of Sh131.6 million.
The MCA also said that the county has also been paying 80 ghost workers because there lacks a “precise inventory of the staff establishment.”
Ms Waithira said governor Wa Iriahas repeatedly failed to consult the public over the preparation of county plans, budgets, economy and financial management policies.
The governor, she added “is disregarding the Assembly and undermining its legislative authority, through requisition of monies and not remitting the same, hence crippling the operations of the Assembly and undermining the independence of the latter.”
The resolution to impeach the governor will now be presented to the Senate who will investigate the claims, either approve the impeachment or retain him in office.

PATHOLOGIST CONFIRMED THE CAUSE PF DEATH AT CLICK CLUB NAIROBI.

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Director of click club Jackson Maina Wangui and his bouncer Joseph Kirero Sepi and his other co-accused accused of the murder of kevin Onyango on May7,2012 at Milimani law court during hearing of the case..

BY SAM ALFAN.

A pathologist has confirmed a customer who was killed at Click Club in Nairobi succumbed to death has result of gun shot.

Dr Eunice Njue said  after examination of the  body of  Kevin  Onyango which occurred at the Club  relocated along Baricho road, there were no injuries on his  body save for  an entry  wound that was in left side of the  head

“The post mortem procedures were   are explained and described well in the report, “said Njue.

“There were multiple skull fracture lines but further examination of the body did not indicate any other abnormal features as a result of this examination,” court heard

.She said from the examination an opinion has been formed that the cause of death was due to the gun shot.

The director of the Club Jackson Maina is being accused together with his bouncer Joseph Kirero Sepi of murder of Onyango on May7, 2012.

The pathologist told Justice Jessie Lessit if there was other wound elsewhere in body she could have given a different opinion as to the cause of death

The two suspects have since denied the offence of murder

Corporal Edward Kamau who also testified he arrived at the scene and found out that there was a scuffle between the deceased and the accused

“The scuffle started in the third floor before deceased was taken to the fourth floor, I did not collect the blood samples of the deceased because I left that to the Police Investigators,” said Kamau.

He testified that the people within the club were not aware of what was going on in club that day.

The Corporal told the trial judge that when director of the club came to the police station he had a gun with him

Kamau confirmed that the second accused was an employee of the club as a security officer who was not armed at the time..

Andrew Onyango Otieno the father of the deceased said  Onyango was his third born son who used to visit Click Club often to take some beers.

“Onyango was residing at satellite estate at his house but not far from my place and I was working with him as my salesperson at my limited Company, “said the father of deceased

He said his son did not report to work as he was supposed to on May 5, 2012 but after inquiry he was informed that he was with his other brother Ochieng Onyango at a Berber shop within the area.

The court heard he went to that shop and found the deceased with his fiancée on May 5, 2012.

He added that to his surprise his son did not report to work on May 7 and that is where he started looking for him.

The father said that he sent his younger brother Brian Juma to go and check for his brother at his house.

Juma come with the report that the fiancee was there but his brother was missing. The witness said he thought that his son had been arrested.