The Hot Seat of DPP Noordin Haji

[jakaswanga]

FOLLOW THE MONEY MONEY MONEy MONEY!

It always good to. On behalf of the people.

In January 2 2016 I wrote the underscored disclaimer. We were looking at the official trail blazed by the +Ksh. 800 Million stolen from the NYS under the Graft Queen, Anne Waiguru. She was then the --Matiang'i-- first among equals in Cabinet (as Devolution Cabinet Secretary). It wasn't that complicated to wander the laundry stations around town. To unlock the paths, I keyed on Ogolla&Mujeera, a high-flier legal firm around town.

DISCLAIMER:

Should Ogola$$Mujera ask in self-righteous blindness why pick on me, I will beg forgiveness and reassure, I only pick on them for the purposes of an academic explication of an phenomenon, and, further, pragmatic illustration of a prevalent situation. ---You know, like biologists use the fruit fly and the planaria worm a lot to do their teachings on genetics. They have nothing in particular against those two creatures, it is only that they are such good, simple and spectacularly available teaching aids ... (i was desperately trying to avoid the word cheap: 27M for x-mas clothes shopping anywhere don't come from cheap, methinks!)

Read more: jukwaa.proboards.com/thread/9368/njoroge-politics-central-bank-imf#ixzz5anEI6uEX

Then the hot stuff: you see the Ogola$Mujera case study is also a story with many juicy tabloid angles.

There is a strand which leads to the former Queen Anne Waiguru. She famously fell over some NYS small change (700M + 500M ksh. approximately) and, while asking for lighter duties from her alleged paramour, in this case the appointing authority, she hired a famous but controversial lawyer who immediately moved to blame the office of the same darling for her woes! Mama Mia!

If all roads lead to Rome, if you follow the money any which way, you head straight to the core of graft.

Remember Josephine Kabura in the same case? Or was it Anne Ngerita? She just withdrew several hundred millions cash from ..... was it the Central Bank of Kenya? where, they say, at the parking bay, the hot loot was loaded unto several canters and pick-ups. Thereafter were they driven to several branches of other banks outside and within Nairobi county. The men from the office of the former DCI did the Escort, they say. Yes, no secrets in Kenya. Not when it comes to money. Because money is the one thing every single of us Kenyans, born or unborn, is running after. How can we fail to know where it is going, gone or hiding?

So

As DP Ruto's 50/50 pact of greed with Uhuru Kenyatta unravels in the heat of a grassroot rage at graft, the dailies are a field day rife with the follies of his allies. These DP Ruto cogs and feeding assistants were posted at strategic looting stations. Their's was to help amass a war-chest for the Singh's presidential run. This was correctly predicted would be a feat in massive bribery.

There is an actual figure posted out there by econometrists. That is how much the next winning candidate will have to spend, at least, given the costs of the last winning presidential count in 2017.

Anyway, the bandit captains or CEO's hoisted by Ruto to the key money dockets, couldn't be expected to miss the golden opportunities to engorge themselves too. No parastatal CEO is known to have been even a tenth the man Michael Joseph was at Safaricom. That is just the nature of ticks. Engorge and drop dead. The absurdities, downright stupidities, to which this feeding frenzy has led, can be admired in the following particular case. –--MD Joe Sang and former MD Charles Tanui of the KPC. Kenya pipeline company.

DISCLAIMER: I only use this case the way I used Ogolla$$$Mujeera. Classroom artefacts.

The now disgraced dog Joe Sang told the world that, over a pair of years, 12 million liters of oil were lost to spillage and pillage. The costs, slightly over ksh. 1 billion.

He passed the bill over to Insurers and Oil companies which, ultimately, were to pass it over to consumers.

That is okay. Shit can happen. Pipes burst, tanks leak.

But the other shit which happened was the Oil Companies and Insurers demanded an independent audit, and forensic! God knows what turned them into such rabid doubting Thomases', confronted with Sang's KPC official figures!


Eight million litres of oil spilt in two years will leave, lets say, a Niger Delta Shell trail. Or may be not. But there could be no harm in finding out the truth. With the claims and counter claims, may be the truth is still out there, an unravished virgin.

But this is when the typology INFANTILE for our blue-chip Cartelist CEO's comes into play.

First, an upgrade.

The figures I gave you above were from August when MD Joe Sang was still unresigned. Thereafter this, lets call it REBASE!

Crisis meeting at Kenya Pipeline as fuel loss climbs to Sh2.3 billion

November 26 2018

During a stormy meeting with KPC officials, oil marketing companies refused to make consumer carry the burden.
The shocking revelation is contained in a paper prepared by the KPC Board finance committee, which indicates that the total loss from spillages and the gain/loss stands at 23 million litres as of September 30.
That means the oil marketing companies will be waiting to know the whereabouts of fuel valued at more than Sh2.3 billion, which they purchased.

Now, if the laundering of the ksh. 1.3 bn of the NYS 1 heist needed the kind of comical chicanery we saw around town ….. thus ….

“Family Bank also wishes to reiterate that the funds were transferred into its customer accounts through Central Bank of Kenya via the highly secured and standard RTGS system,” the statement reads.

It said it is open to investigations into the NYS scandal and has been cooperating with various officials following the case.

Read more: jukwaa.proboards.com/thread/9368/njoroge-politics-central-bank-imf#ixzz5anKyygli

The KSh 791 million was deposited in Family Bank before being distributed to 20 accounts in various local banks like: Equity Bank, Kenya Commercial Bank, Barclays Bank, Chase Bank, Standard Chattered Bank, Commercial Bank of Africa, K-Rep Bank, Diamond Trust Bank, Paramount Bank and Prime Bank.

Banking Fraud Investigations Unit managed to get a court order to freeze all the accounts

…. all the way to the FARCICAL KSH. 27M wired to HongKong to buy Christmas clothes, the Ksh. 2.3 billion siphoned off the KPC cash depots, would treat us to even more comical and farcical 'these's or treatise.

You know lying with mathematical figures and processes which must conform to BASIC RULES OF LOGIC, quickly invites absurdity, comedy and farce. But if one insists, through the teeth, keeps a plain face devoid of the head-is-willing-the-flesh-is-weak grin, then their mental age obviously depreciates to childishness –-INFANTILE; or madness, the other absurd denial of reality.

So I visited an oil engineer and an accountant to get the mental measure of just what mental age the KPC elite are at.

Still, we all know the laundering of these amounts of money ripped daily from Wanjiku by these bandits, is a racket which needs an elaborate infrastructure. It ought to be a network of expertise and power, but from the reports of the details of the thefts, corruption corrupts even the corrupted. They just mentally degenerate. To such an extent where, OKAY, spills happen, but what did a physical inspection to ascertain the VOLUMES, EXTENTS AND INTENSITY, reveal? Some people did bother to get to the bottom of it. So at one place

When challenged by this writer to take the Nation on a tour of the farm where the spillage of four million litres occurred, Mr Mbithi declined.

But wait until you read the full DN expose of this story, and about even othe alleged bigger spills at other places!

When Mr Sang was interviewed by the Nation last week, he said there was no such a letter and that the company was still negotiating with insurance firms.

Credible sources within KPC say officials have been running a racket that cooks books to overstate the amount lost from tiny leakages, which are then recorded as spillages.

This way, millions of litres of fuel are later stolen and sold illegally.
More is also stolen through the bogus recording of gain/loss of 0.25 per cent of all the fuel delivered in Mombasa, which the industry has always agreed on.

Nearly said follow the drops of oil too!

Now, if Kinoti does not rush and make mistakes like the amateurish one he did with investigator Ndegwa which hit the headlines, he can follow every single cent and nail every madhafaka in the conspiracy.

But you know how life is. It is not like in the movies where the good guys always win. Ruto is a recent bandit. Why should the fresh bandit be the one to take the fall on behalf of the whole lot of all bandits, expecially when the Aristocratic Bandits and their inheritor kids remain untouchable!? ---whose justice, Haji!?

Kwendeni huko, msicheze na Ruto! Either you go fair and square on all, or you coil your tail at the Singh's door!

Already Kinoti and Haji look like distant cousins of Njee Muturi when he was solicitor General and promised Boss Ouru to nail them all. Then he did a bureaucratic dance which nullified the legal and constitutional credibility of the EACC.

All cases investigated when the EACC board was not fully constituted weere dismissed on that technicality.

Smart or all very infantile?

Smart, because the thieves got away with the loot. Infantile because the situation beggars an adult.

Adults will not always have the time to play childish games.

[jakaswanga]

Ojienda accuses DPP Haji of malice over Mumias arrest

Dec. 29, 2018, 12:00 pm


Lawyer Tom Ojienda has denied allegations of filing fake cases for Mumias Sugar Company following his arrest on Friday.

on Saturday, the senior counsel dismissed the DPP's statement as "a big joke and reeks of malice".

"I would like to state without any fear of contradiction that I do not, I cannot and I have never filed a fake case. I have never conspired with any person to be paid for work not done," he said.

Insisting that he is a person of integrity and honour, Ojienda added that all his record records pertaining to the instructions with the company and the legal services he rendered are intact.

"I will present all the cases that I have handled for Mumias Sugar Company to the DCI for them to pick out their alleged fake matters," the statement said.

He also revealed that he was not asked to record a statement during the investigations that resulted into his arrest.

Ojienda has been engaged in a protracted court battle pitting him against the KRA over tax compliance.

The taxman accused him of tax arrears amounting to Sh443.6 million.

The High Court ordered that he be issued a tax clearance certificate, but the KRA appealed.

Ojienda said the accusations levelled against him are in "bad faith and flies in the face of the fundamental duty of an Advocate to receive instructions and charge fees from a client".

In a statement by DPP Noordin Haji, he said his office and that of the DCI had received several reports of financial misappropriation and fraudulent dealings which affected sugar millers, including Mumias.

A team of investigators was therefore constituted by the DCI to inquire into allegations that fake court proceedings, numbers and parties were used by several legal service providers to obtain money (fees) from Mumias.

The DCI found Sh89 million was paid out in the fraudulent schemes, the statement said.

It goes on to say that Ojienda was one of the advocates involved with the assistance of former Mumias officers.

The DCI then recommended that charges be instituted against Ojienda, Peter Kibati (former finance director) and Emily Otieno (former company secretary).

The three are accused of obtaining money under false pretences, uttering false documents and conspiracy to defraud.

Read: Ojienda arrested, to spend weekend behind bars

Related: Court orders KRA to issue Ojienda with tax certificate

Also Read: KRA appeals order to grant Ojienda tax certificate

What is wrong with people like Noordin Haji!?

When John Githong'o came with a proof copy of the Kroll report, FORENSIC ACCOUNTING, everybody realised even the most corrupt high court judge wouldn't twist it in whatever ruling.

it is called FACTOLOGY!

(and the KPMG Mumias report doesn't seem to be anything but Kenyan shoddy, otherwise that High Court Judge wouldn't dare do that ruling above!)

These investigations which end up being a matter of different opinions interpreted adlib in court which Haji and Kinoti are peddling around town as fights against corruption are just infatile jokes. She said He said we call them.

Get a cut-throat accounting firm, Haji, present forensic factology. And watch which scumbag Judge opens his mouth to annull.

NB: For the Kroll report we know what happened. It proved too much even for the Othaya Econs genius Mwai Kibaki. He suffered illiteracy or feigned it. He couldn't read it, and the bits he read, he couldn't comprehend. So it was left to Goebbels Alfred Dr. Mutua, current Machakos governor, to trash the report.

Haji! you a Githong'o precedent. And you are beating about the bush sir! I gotta tap my nose!

It is not difficult to see why! I confess!

[jakaswanga]

HAJI BOGGED DOWN

My hunch is Noordin Haji didn't take his job seriously. If he did, his instincts if not intellect would have warned the greatest danger he faced, would be if he allowed his office to be parochial.

Parochial means a pawn in the Nairobi power struggle which, inevitably, would pit one faction of the elite against another as they went all out to control the presidency.

Already a bomb had already been planted under his DPP seat. The prime movers of the anti-corruption crusade, under the umbrella of the handshake, had exempted the families of Moi and Kibaki. It meant there were holy cows in the crusade. You can't touch that, Haji.

It didn't take long before the handshake morphed into a project to kill off DP William Ruto's political career. DPP Haji behaved like he was blind though. The financial scams infesting the nation have not excluded the department of defence, but the DoD too would appear to suffer immunity, total immunity. No, Haji, you can't touch DoD scandals.

Who then remains for Haji's bent sword to prod through!?

Once it is ascertained Haji is neither fair nor impartial in his crusade, but a mercenary, he can be checked by the intended victims. He can be counter attacked, and dared to a strip. While the DPP has glaringly spared the aristocratic nobility, and the new nobility allied to Uhuru like Sicily Kariuki and Joseph Muraguri of the Mafya House, he has ---lets forget DP Ruto's super dirty men for the moment--- targeted select members of the Judiciary. This latter move played into the narrative of weak spots in the JSC which could be conquered by a certain faction if their occupants were somehow removed. We are talking DCJ Mwilu and Tom Ojienda.

In the Mwilu case, it was already obvious the legal fraternity were, forewarned, mobilised to the clear and present danger of the pawn Haji. He was moving fleet foot to wreak havoc within their lofty citadel by all means. The learned friends marshalled full calibre to defennd fort. And so now, wide wars considered, the move on the corrupt professor has morphed the scumbag into a symbol of state bullying. The LSK, which barely a month ago effectively barred Ojienda from contesting for re-election to the JSC on account of his tax disrepute, rallied to his call. Chair Allen Gichuhi and his band camped outside Muthaiga police station as if the injustice done Miguna Miguna were nothing, and what Kidero-consigliere Ojienda stands for is incorruptible principle!

LSK refuses to clear Ojienda for JSC elections over tax dispute


Nov. 30, 2018, By ANNETTE WAMBULWA

On their part, KRA also strongly opposed Ojienda’s petition arguing that they cannot issue him with a certificate due to several pending cases that are still active in court.
They claimed that there is a pending order barring them from reviewing his tax status and the only way for them to issue Ojienda with the certificate is for him to lift the orders first.
KRA says Ojienda has not met the conditions for issuance of the certificate through his own actions of getting orders from court barring them from assessing his tax.

“Ojienda has not met the requirements of issuance of the tax compliant certificate as per the laid down procedures” the court heard.

Read; Tax dispute leaves Ojienda’s JSC bid in tatters

The tax body says that for the certificate to be issued to him, a commissioner has to satisfy themselves to the tax status of that individual.
However, Lawyer Nelson Havi for Ojienda said he has met all the standards required for the certificate since he had paid all the tax and cleared with them by filing all the returns.

PRESTIGE

Now the lawyers of Kenya are daring Haji. Why pick on ksh. 89 Million lost whilst, consider Arap Moi and Mwai Kibaki, you could recover $3 billion!?

nb: lIKE Mwai Kibaki at the crucial moment, Haji has gone illiterate and tone deaf on the Kroll report!

His bluff can be called with ease.

Why pick on Mwilu for tax stamps worth a few coins, even hire a QC for it, if, take your pick from a ministry of defence scam, you can rake back tens of billions for Wanjiku from the –-current and past--- top brass of the brass core?

AAh!?

This is always the problem of all warriors gunning for justice but who let themselves be compromised upfront. They get bogged down in the tedium of inertia, having alienated all possible allies by a reputation for bendability, disingenuousness and possibly duplicity.

That is where Haji is now. The rotten Judiciary is calling his rotten bluff. Because they believe he is serving rot.

Here are some pretty weird stuff

The Law Society of Kenya (LSK) is planning to file a petition challenging the arrest of suspects on Fridays, a move it says may be aimed at keeping them in police custody over the weekends.
Speaking to the Nation on phone on Sunday, LSK President Allen Gichuhi said the petition will also address the issue of freeing suspects on police bonds, especially if they are not flight risks.

From the president is above the law in the first republic, to this in the 2nd! The other day it was governors gunning for exemption from both arrest and prosecution during their incumbency –--the auditor General's report is quite an indictment as to motivate such a wish! Thereto we also saw the Mpigs suffer similar wishes.

These Kenyan laws and courts where OBVIOUS criminals worth execution for economic crimes are the ones who (1) choose when they are to be arrested,
(2) choose in which manner they are to prosecuted,
(2b) dates to appear in court, given bail and, ultimately,
(2c) what sentence they are to serve if any

what are they really worth if not the ash heap of history?

[jakaswanga]

FOOTNOTE THE WHEELS OF JUSTICE AND THE WAY THEY MAY NOT TURN!

Prof Ojienda has been on the radar of various State investigative agencies. He has been recently battling with the Kenya Revenue Authority (KRA), which has refused to issue him with a tax compliance certificate.

The JSC commissioner, however, managed to get a court order that directed KRA to issue him with a tax compliance certificate failure to which the LSK was directed to accept his nomination papers without the tax compliance certificate.

In November, Justice Chacha Mwita issued orders barring the KRA from starting any criminal proceedings against Prof Ojienda.

In May, Justice George Odunga had quashed KRA’s tax demands from Prof Ojienda, terming the demands “unreasonable and irrational.”

The arrests of Prof Ojienda and Mr Wanyama was condemned by Senate Majority Leader Kipchumba Murkomen, who has lately been a critic of the DCI and DPP over their Friday arrests.

“I am totally opposed to this madness of deliberately arresting suspects on Friday. It is even worse that they are arresting lawyers for providing professional services,”he said.

“Surely Professor Ojienda is a senior lawyer and (a) JSC member. Where is he expected to run to? Rule of Law?” Mr Murkomen posed.

LSK lawyers who camped outside the DCI headquarters criticised Mr Ojienda and Wanyama’s arrest.

ACTING MALICIOUSLY

LSK Chief Executive Officer Mercy Wambua said, as lawyers, they were disappointed with the manner in which their colleagues were arrested.

She said the constitution stipulates that suspects be arraigned in court within 24 hours yet police make arrests on Fridays and present suspects in court on Mondays, which means they spend 60 hours in police custody. She also reiterated that bail or bond is a right for all suspects.

“We are very disappointed, we came here to find out what has happened to our colleagues as soon as we heard about their arrest,” said Ms Wambua.

She added: “we still do not know have information on exactly why they are being held, we had come to seek audience with the DCI but we have not yet been successful.”

However, she disclosed that their arrest came after they were summoned to present themselves at the DCI headquarters yesterday.

Lawyers John Khaminwa, Harun Ndubi and Boniface Akusala called on the DCI and the DPP to follow the Constitution and avoid acting maliciously by acting on selective sections of the law.

EH! children of a lessEr god, them that falleth foul of the temper of the Kayole and Dandora Heszy's! who will camp outside the morgue for you!? With a dry eye and cold heart, I step over your body, thy untermensch.

[jakaswanga]

WHEN HAJI SAW NO EVIL

Like that dog which didn't bark in a famous Sherlock Holmes riddle!

DPP drops charges facing 10 in National Youth Service case

Kamau Muthoni, Jan 8 2019

Former National Youth Service Deputy Director Sammy Michuki is among 10 individuals whose corruption charges were dropped yesterday.

Director of Public Prosecutions Noordin Haji told Milimani Magistrate Peter Ooko yesterday that he was no longer interested in pursuing the 10 on accusations of Sh60 million losses at NYS.

Apart from the former NYS deputy boss, the others were Rodgers Nzioka, NYS senior accountant Sammy Kanyi, Stephen Muchai, Josphat Njoroge, Lucas Otieno, Timothy Kiplagat, Jackson Matengo, Humphrey Odhiambo and Bernard Masika.

The magistrate was also told that the prosecution would not pursue Charles Makau, who has been at large since the case started last year.

SEE ALSO :Kimemia calls meet to address stand-off

The DPP explained that the warrant of arrest that had been issued against Mr Makau would lapse.

According to the DPP, some of those whose charges were dropped would be turned into State witnesses.

The court heard that dropping the claims against them did not mean that they could not be charged again if fresh evidence against them came to light.

It also emerged that detectives had not managed to arrest another suspect, Linlan Otieno, as the case commences today. Mr Otieno was said to have been an NYS accountant.

The prosecution explained that it was hoping that Otieno would be arrested by today morning so that he could also take plea.

SEE ALSO :36 officials arrested for alleged corruption, human rights abuse

“The accused has never been apprehended. Hopefully, he will be arrested as the warrant of arrest is still in effect. It will be unfair if we continue with the hearing in his absence,” the DPP said.

Otieno is to face three charges. The State, in its first claim, alleged that he illegally conferred Sh9.07 million to Kalabash Food Supplies for goods it did not deliver.

He was also accused of illegally authorising Sh18.9 million payment to Arkroad Limited and another Sh18.4 million to Ersatz Enterprises and Kalabash Food, which was allegedly co-owned by Grace Murugu, Sarah Murugu and Catherine Njeri.

At the same time, a former principal secretary for Youth and Gender Affairs, Lillian Mbogo Omollo, and former NYS Director-General Richard Ndubai answered to fraud charges afresh after the court consolidated three files.

In the new charges, the accused were alleged to have conspired to defraud NYS of Sh60.5 million between April 6, 2016, and April 27, 2017.

SEE ALSO :Court orders probe on Ngirita medical report

Mrs Omollo and Mr Ndubai also faced separate charges of abuse of office.

Others who were charged were Isaac Wafula, Sammy Mbugua, Michael Ojiambo, Sophy Karimi, Stephen Kasyoki, Nicholas Ochieng, Clement Kaloki, George Otieno, Peter Mahugu, Humphrey Wainaina, Steve Macharia, Walenalo Mulupi, Tabitha Nyambura, Ferdiand Matano, Keziah Wanjugu, Dafid Cheborbai, Duba Galgalo, Ezekiel Amboso, David Maina, Don Mwaniki and Kenneth Mwathi.

Kalabash Food Supplies Limited, allegedly owned by Grace Nyambura, was also charged. It was claimed that it fraudulently received Sh9 million for goods it did not supply.

The DPP is expected to present his first witness today.

Earlier on

NYS suspects accuse DPP of seeking to sneak evidence through back door

Paul Ogemba Posted on: 14th Nov 2018

The DPP, through principal prosecution counsel Caroline Kimiri, asked the court to allow them introduce payment vouchers, bank statements and witness statements from some bank officials which were not part of the original exhibits.

According to the prosecutor, the payment vouchers had been misplaced during examination of documents by investigators, and that they only obtained the statements after the pre-trial had taken place.

“Non-disclosure of the evidence was an oversight and although we had supplied majority of the evidence we will rely on, it is only fair that we be allowed to introduce and disclose to the accused persons before we proceed,” said Kimiri

That was the war on corruption! (How much money in total did the NYS loose in the two heists!?

CLUE

Fresh details emerge on how NYS lost over Ksh 1.8 billion

By Koome Kimonye For Citizen Digital, June 7, 2016

According to the special audit report now lying squarely in Parliament, a total of Ksh 1,863,512,255.66 was lost at the NYS under unclear circumstances.

In case one, Ksh 791,385,000 was lost; another Ksh 609,252,760.60 lost in case two; Ksh 240,751,576.06 in case three; and Ksh 222,122,919 in case four.

The report further revealed that Ksh 3,088,597,456.67, the annual wage bill of the NYS, was at risk of being misappropriated over lack of enough funds to pay suspected cartels doing business with the service.

Another Ksh 70,000,000 paid by A.I.E. (Authority to Incur Expenditure) issued to NYS Gilgil Field Unit has also not been accounted for.

The Auditor General recommends that Criminal Investigations be lodged against all officers involved in fraudulent transactions and appropriate action taken against them should they be found culpable.

Kabura – who swore an affidavit implicating Waiguru in the Ksh 791 million scam – received Ksh 1,299,627,930 from NYS for services reportedly offered to the institution.

Kabura, according to the report, received the money on account of eleven businesses transacted with the NYS.

As if this was not enough, she was set to receive another Ksh 695,400,000 as payment for more services to the NYS in what the Auditor General terms as a ‘failed fraudulent payment

But Haji says senior accountants and the chief procurement officer have no case to answer!

Haji and co never heard of this strange thing called WORK! ARBEIT!

Shoddy work can never hide itself!

[jakaswanga]

HAJI, THE OBITUARIES BEGIN

Release of 11 in NYS case a sobering lesson for State

Editorial The Standard, 09 th Jan 2019 00:00:00 GMT +0300


NYS suspects at Milimani law court during the hearing of a fraud case. [Beverlyne Musili/Standard]

The release of 11 people who had been facing charges related to the National Youth Service scandal will, no doubt, rattle the confidence of Kenyans in the Office of the Director of Public Prosecutions (ODPP) and the Directorate of Criminal Investigations (DCI).

It calls to mind the two offices’ chest thumping and dramatic arrests of suspects, on which this newspaper has repeatedly raised the red flag.

Until both offices learn to first build watertight cases against suspects before rushing to charge them in a court of law, the dramatic arrests that have come to be dubbed “Kamata Kamata Friday” will remain what they appear to be: drama, a farce.

The release of the 11 suspects should therefore present a sobering lesson for both offices; that ultimately, all the suspects they rush to order arrested will have their day in court where a judge or magistrate will expect both offices to prove their cases.

SEE ALSO :NYS scandal suspects: DPP's evidence is weak

The release vindicates Justice David Maraga who has always insisted that prosecution, not the courts, was to blame for low convictions in graft cases.

Reacting to the President’s Jamhuri Day address where he accused the Judiciary of frustrating the war against corruption, the Chief Justice said: “What we are waiting for is the DPP to bring us evidence.”
We agree. It makes little judicial sense to rush someone to court before gathering as much evidence as possible.

You only end up with egg all over the face, and a growing list of defamation suits in your hands.


One can only shudder to imagine the pain and humiliation the 11 men and women, and their families went through before their names were cleared. Even if they now walk free, reputations, families and careers have been destroyed. It will therefore be perfectly understandable if they seek legal redress.


Should the courts rule that the State owes the 11 compensation for what it put them through, the bill for this will ultimately be footed by the Kenyan taxpayer. It is therefore our duty to remind the ODPP and DCI that their performance appraisal in the court of public opinion is not based on the number of suspects arrested, but on the number of cases successfully prosecuted.

Anything is else is drama.

Related Topics

Sad, as they say.

1. The Kenyan taxpayer is defrauded massively, eg NYS.
2. The mandated authorities on behalf of the Kenyan taxpayer hire a much hyped crime-buster to catch, shakedown and jail some second tier thieves. Ex President Moi and co get a clean bill of health in the deal.
3. The crime-busters make a lot of fuss but when push comes to shove, they fold. Also, they never heard of the Kroll report.
4. The Kenyan taxpayer –--one can only shudder according to TheStandard--- will foot up the bill to clear the names of the accused thieves! This is the price of a PR-driven Kamata Kamata antics.

5. Back to square one. Uhuru's war on corruption has all but been overtaken by events. The battle between the forces arraigned behind Ruto's succession game and those to thwart this ambition, have become the consuming passion of the ruling elite. Tempers are like lost. This confrontation creates a bureaucratic inertia or neutrality as top bureaucrats play it safe, just in case they back the wrong horse. All this lameducks the president's initiatives.

6. As a president, Kenyatta is yesterday's man. Unless come 2022, he will be vying for another top electoral office, in which case he is not retiring from active politics.

6B: Even if the talk of impeachment is fantasy, such talk is enough distraction to erode the thrust of presidential authority within the state. As above, ''You never know, H.E could be gone tomorrow,'' prudent bureaucrats will reason, and consequentially start going very slow on everything, especially corruption files!

As for Haji, Ach, he joins a long list of pretenders who occupied the office before him. There is no rumour Haji ever called John Githong'o, the only man to have weaponised the office with work done. When new soldiers adorn battle dress and bellow hot charge, yet have no time to salute the greatest Generals of the gone era, I tend to think they are just colourful parade boys. Ceremonials in a make-believe combat ritual!

And that Standard editorial above, is practically the obituary of another ceremonial gone south!

Next.

[jakaswanga]

KABOGO TOYS WITH HAJI, TELLS OURU TO KICK A-SS

I heard heard tell JKL was going to host William Kabogo Gitau. So I made time. Kabogo is the former Kiambu Governor, having served one historical term as the first governor ever of the county before loosing his re-election bid to the relocated, city refugee Ferdinand Waititu.

The political machinations which led to the banishment of THEIR FATHER from Nairobi are best discussed elsewhere, but they will give indications of the kind of power blocks Mbuvi Sonko has faced and will continue to face. (And I dont mean the kind of juicy if b!tchy exchanges which have pitted the governor and his former, estranged edcational secretary, a Janet Ouko!)





Now there is something about William Kabogo I like. He belongs to a fragment of native, monied Kenyans whose billions are not OBVIOUSLY the proceeds of state pillage. There were consistent rumours he is a poshoman, and he didn't shy away from the subject

After graduating from Punjab University in India with a Bachelor's degree in Commerce (Accounting), he secured a job at the Auditor-General's office where he worked as an auditor. He later moved to Mombasa where he ventured into business.

In a past interview with Citizen TV’s JKL show, Kabogo addressed the question of his wealth. He said he started working at the age of 22 and has made smart business choices to get to where he is today.


"I started working at the age of 22 in Mombasa and I have worked all these years very hard,” stated the former Kiambu County boss.“I am one of the real estate developers in Kenya and I don’t brag about what I do but really, I don’t do that business that."

In another interview with NTV, Kabogo termed himself an “international businessman” running several companies-real estates, importing commodities, clearing and forwarding and a supply chain for supermarkets.
“I work, I’m a businessman; I build houses and sell. I have done that for many years. I am an International businessman,” averred Kabogo well known for his flamboyance.

In this breath, he dismissed claims that he is a drug peddler, a business some say could have earned him colossal amounts of money.

He stated that the narrative was first weaved by his political competitors in 2002 to sway voters and it always surfaces during an electioneering period.
“This comes from the year 2002 when I was vying for MP Juja. Of course, that was the first time a helicopter was ever seen in campaigns and Stephen Ndichu and his team-these are the guys who started this talk why would a young man fly all over in a helicopter, why would he get all this money from?”

I would rather a man made his keep trading drugs than abusing state power, reneging on his oath of fiduciary fidelity, thieving from Wanjiku and showing it off with impunity. Think of men like Michael Maina of the Marble Arch Hotel whose evictions, by demolitions, of the Nyamachoma residentials, has revealed to us just how rotten the land's office is, how collaborative to social injustice some of the Judges have been, and how rotten the Nairobi city essentially council was. I would rather a powder-man like Harrison Mwau or the Akasha's, than a parasitic jugular tick like Marble Arch Maina.

Thieves rank very low in my universe. I do not consider such parasites to have the evolutionary resilience to take neither Kenya, nor Africa, nor our Kavirondo repubic, anywhere on the competitive global stage. And by thunder, aint it a cut-throat race out there! (I saw a Korean technological university specialising in AI whose R&D kitty is bigger than Nigeria's GDP! Now That is determination. Not that our KONZA sh!t!) ---But that is another story, for the LUo PiVot may be!

Anyway in so far as I am Kenyan ...
I make time to listen attentively to what own-men like the self-accounting William Kabogo have to say about our unloved republic. Self-made men rarely have to fork their tongues. The clarity of their minds usually overrides the duplicity of their hearts. You know there is a type of co-ordination between heart and mind which sycophancy requires which, if you are not a natural b!itch, nor a natural unscrupulous, will fail you in public. Not only will your body language ----at war with your tongue---- mock you into an unconvincing comedian satirising the self, but your mind will jam like that of the accidental hero who, consciental pricks, finds himself tongue-tied (if not ever making Freudian slips) in his acceptance speech.

Among some of Kenya's most natural b!tches or born-sycophants are those who peaked under Moi's KANU totalitarianism. First among the cream was of course Nakuru Kariuki Chotara. There was Sharrif Nassir from Mombasa, Joseph Kamotho from wherever, Mulu Mutisya from Ukambani, Okiki Amayo from Nyanza.

The episode is worth a doctoral thesis.

Here is a historical review to start us off

Digital Sycophants No Match For Moi's Men

May. 13, 2015. By OKECH KENDO

President Uhuru Kenyatta meets with former president Daniel arap Moi at Kabarnet garden. Photo/File
History records Kenya has known better and motivated sycophants than the hirelings of the digital era. And no matter how hard the likes of rabble rouser Kipchumba Murkomen try to impress the master, they cannot match the zealotry of their Kanu-age predecessors. The 'sycos' of the Nyayo 'error' left an unbeaten record as tough defenders of power in good and bad times.

Rewards for unqualified loyalty, such as Senator Murkomen exhibits in the Jubilee age, may still exist, but the payoffs have reduced in value and volume. The sycophants may gain admission in the 'Sky Team', but there are no more jobs in the Cabinet for elected political sycophants.

The good boys may have a leg up in multibillion-shilling tenders, they may even be the tenderpreneurs of the digital error, but the goodies at their disposal are limited.

The current courtiers may have a head start in party nominations, but the unopposed return to Parliament or the Senate is no longer guaranteed in the age of multi-party politics.

But this conclusion remains: it is not for nothing that a supposedly learned man is willing to engage in deception to protect the mentor from real or imaginary siege. Occasional trips and joyrides alongside the master may do wonders in the making of a loyalist. This is because these people love power – even the illusion of it is enticing.

Last week a businessman, who once worked as the former Prime Minister's personal assistant, blew the whistle on the Deputy President. Herbert Ojwang' claimed William Ruto may have influenced inflation of the cost of the upgrade for a referral hospital in Eldoret in order to mint billions of shillings.
Fact or fiction, Murkomen imagines the claim is a competition for proximity to the presidency. He claims the ODM leader may have sent his former aide to malign Ruto. Never mind the former aide may have interests of his own.

For Murkomen, the claim is a plot to make President Uhuru Kenyatta love Ruto less. Loss of this love could make the President drop Ruto as his running mate in the 2017 general election. Now even a sycophant, as a conspiracy theorist, needs substance to back up propaganda. Substance is often lacking in Murkomen's hanging spins.

Ruto was missing in the list of government officials who hosted US Secretary of State John Kerry when he visited Kenya last week. It may not be beneath Murkomen's thinking to claim it was Raila who prepared the list of Kerry's hosts.

Raila has since been dropped from the list of Kenyans who are alleged to have sold Ruto to The Hague. The latter-day sycophants have since enjoined Baringo Senator Gideon Moi and Governor Isaac Ruto as sponsors of a prayer group that wants the International Criminal Court to find Ruto guilty of crimes against humanity.
US President Barack Obama will visit Kenya in July, but if Ruto won't be in the hosting delegation, Murkomen would probably blame it on Raila.

Murkomen claims Raila is setting the South Rift against William Ruto, among other plots to devalue the DP's political capital. All these, he claims, are linked to the Uhuru succession. He claims there are people who do not want Ruto to succeed Uhuru.

The poets of President Daniel arap Moi's court had greater motivation to sing, sleep and dream the Nyayo tune every day of their lives in Kanu's peace-loving Kenya. The political choir was inspired by expected goodies.

The loyalties were in the Cabinet, ministries, provincial administration, Parliament, party ranks, Church and mosques. They were notorious in their lack of respect for alternative views. They were intolerant. They were vile.

The sycophants even invaded the universities, with the vice chancellor of the University of Nairobi during much of the 1980s Prof Philip Mbithi leading the intellectual wing of the charade.

Prof George Eshiwani, then VC of Kenyatta University, controlled academia with rewards and punishments. There was even a lobby, Scholars For Kanu, with a chapter at what was then the Maseno University College.

From Masaku, there was Mulu Mutisya, who was unpolluted by the civilising effects of formal education. Down at the Coast, Shariff Nassir was the cheerleader. In the Rift Valley, Kariuki Chotara was the master of the game. Oloo Aringo from Nyanza was the defending master of platitudes.

The Murkomens of this era fade in comparison with Okiki Amayo, Joseph Kamotho and their contemporaries in the Moi court. Even the querulous Aden Duale, Kericho Senator Charles Keter and Kithure Kindiki of the Jubilee court are baby-sycophants compared to the griots of the Moi era.

The rewards were many. The punishments were heavy. Moi had the pumpkin and the knife, literally, as he wielded Fimbo ya Nyayo.

Public land was dished out at whim. Moi loyalists had floating money. When they visited presidential residences - State House, Kabarak or Kabarnet Gardens - they drove out smiling or moaning.

Continued proximity to power and appearances alongside the Big Man were guaranteed, as long as the loyalty lasted. Positions in the Cabinet, party and hanging around the citadel were assured. Re-election was guaranteed if one passed the rigorous test for sycophants.

The good boys, and they were almost always men, were re-elected on Moi's say-so. The provincial administration would always do everything, and anything, to ensure the Nyayo man was returned to Parliament, sometimes unopposed.

Moi loved and rewarded loyalists during the 1980s, the apogee of the Kanu officialdom.
The times have changed, but sycos know old habits diehard.

Sycophancy is a talent, I tell ya!

Every generation does have them and will continue to have them, private retards flying high in public, making fat careers as sycophants. Every horse must have its whisperer, every hoo, her patron.

I have never counted William Kabogo among them easy riders.

And when it comes to drugs, I am all for legalisation of that thing, CANNABIS plantations, as an alternative cash crop to Sugarcane in nearby Migori county. Many countries can now, without subsidy, having gone high-tech efficient, produce a Kilo of sugar at ksh. 40 at the world market. No amount of Jubilee government subsidy can manufacture a future for the sugar industry in Nyanza, nor anywhere else in Kenya for that matter. We need alternatives, home-grown alternatives.


On 9th January JFK hosted William Kabogo.





Host Jeff Koinange was his usual flattering, comedy-oozing and loud-self-surprising self. Man Kabogo was relaxed and jovial; however, there was this latent intensity which he could not always camouflage. In my opinion this trait was informed by a late realisation of just how transient power can be. Kabogo served ONLY one term; he must now regrettably realise he should have moved faster, built a legacy of competence, achieved more for Kiambu. He should have imposed himself more in Kiambu voter consciousness and foolproofed himself against the chance they would elope with a charlatan from neighbouring Nairobi, his nemesis Baba Yao.

Sometimes it requires a heavy defeat by an assumed lowling before a noble wakes up, too late in his ivory tower of delusion.

KABOGO SEETHES AT CORRUPTION, WAH!?

I always want to make double sure I am not being taken for a ride by a would-be politician. In real life though, pray tell, only women have the liberty to take me for a ride without me bothering in the least whether I am the meal at the end of the game.

For men, caught red handed forking tongue with duplicituous head, my mind does now mind going cold, bloody and even positively merciless.

So I sized Kabogo up when I caught his utter frustration at corruption, the fight against it and the obvious contempt at DPP Haji. By thunder, it hit genuine!

–---'Ati hakuna evidence!? Yet money left this account and entered this account from that account. Of course if you do not take the documents of the transaction to court, there is no evidence!'

KABOGO: Make me the anti-corruption Czar, one week Kamiti is full and no releases. One can't wipe out corruption completely, but a serious one can reduce it to a MINIMUM.

Far far below what we have in Kenya!?

Omera! When even the billionaires who made keep in that corrupt environment are that fed up, who needs any louder gongs of the death-knell of an order!?

ANOTHER NAIL ON HAJI'S COFFIN

O Haji! What is it intelligent people are suppose to make of you!? Recently a man resigned with, a by Kenyan standards, an intelligible rationalisation: position untenable, David Murathe grinned! That is such a high rationale it is culturally shocking under the circumstances. (Circumstances which sustains Professor Mohammed Mwazuri's utterance: resign? Only cowards resign! ----Swazuri is the compromised NLC boss who, to date, doesn't know whether the downed TAJMALL was built on a road reserve or not; nor whether the magnificent WESTON HOTEL illegally sits on looted public school land!)

Well, in these changing circumstances, it really isn't Moses Kuria whose resignation ..... or not .... should have been causing laughter around town, it should be thee, the DPP's! It is a thought, hearing the likes of Kabogo talk, that the DPP is the guy who really has lost Uhuru's war on corruption. CJ David Maraga too said so: if you do not table the evidence in court, what do you expect!?


NB: What a mild, kind heart, this Kabogo. I no longer meet much people talking about jailing state looters at my regular matatu stages nor salaried work places. I only meet the hang them until dead, or burn them alive Kenyans! –--How about a referendum to decide that!



President's office: water costs ksh.500 per small bottle!

Jameni! Even billionaire Kabogo is stunned to theatrics!

Uhuru Kenyatta should kick arse, or retire home. That impeachment talk is not a bad idea.

Son of Jomo is a waste of time. Not that he would know it though!

[jakaswanga]

Jan 13, 2019 11:20:03 GMT 3 jakaswanga said:

KABOGO TOYS WITH HAJI, TELLS OURU TO KICK A-SS

I would rather a man made his keep trading drugs than abusing state power, reneging on his oath of fiduciary fidelity, thieving from Wanjiku and showing it off with impunity. Think of men like Michael Maina of the Marble Arch Hotel whose evictions, by demolitions, of the Nyamachoma vILLA residentials, has revealed to us just how rotten the land's office is, how collaborative to social injustice some of the Judges have been, and how rotten the Nairobi city essentially council was. I would rather a powder-man like Harrison Mwau or the Akasha's, than a parasitic jugular tick like Marble Arch Maina.

Thieves rank very low in my universe. I do not consider such parasites to have the evolutionary resilience to take neither Kenya, nor Africa, nor our Kavirondo repubic, anywhere on the competitive global stage. And by thunder, aint it a cut-throat race out there! (I saw a Korean technological university specialising in AI whose R&D kitty is bigger than Nigeria's GDP! Now That is determination. Not that our KONZA sh!t!) ---But that is another story, for the LUo PiVot may be!

Anyway in so far as I am Kenyan ...

FOOTNOTES: THE MAKING OF A PARASITE

Demolitions uncover colourful life of reclusive billionaire Mike Maina


Sunday December 23 2018


Mr Maina’s Marble Arch Hotel which is said to occupy space for a grabbed a council toilet — an issue that was revisited this week when Nairobi Governor Mike Sonko threatened, albeit in an uncouth way, to reclaim the toilet land after Mr Maina destroyed several houses built on his land in Kayole. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP 

In Summary

Mr Maina had hoped that without water and sewer system the properties developed on the Kayole land would be rendered useless.
He was also a key player in the attempted grabbing of Karura Forest.
For the last 10 years, he has been battling in courts to get back the Kayole land that he claims was occupied illegally.

By JOHN KAMAU

When he stormed the 20-acre piece of land in Nairobi’s Kayole with bulldozers, city billionaire Mike Maina brought attention to himself.
That was after he failed to force Nairobi Water Company to remove all piping and sewer lines from the property through a court order (ELC suit 1127 of 2016).
By using unorthodox means, Mr Maina had hoped that without water and sewer system the properties developed on the Kayole land would be rendered useless.

MARBLE ARCH HOTEL

Although little-known, Mr Maina was a Moi-era baron and his signature project is Marble Arch Hotel, a stone’s throwaway from Nairobi Fire Station — and which, according to parliamentary record, “grabbed” a public toilet to build a parking bay next to the parking lot once owned by the Kenya Taxi Cabs Association.

He was also a key player in the attempted grabbing of Karura Forest, where he was to build a mall similar to Sarit Centre on behalf of President Daniel arap Moi and power broker Hosea Kiplagat.

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By then, Mr Maina was the proprietor of Pelican Engineering Construction Company and — as he would later say in court pleadings — he, and Nairobi lawyer Chege Kirundi, incorporated a company known as Kitusuru Limited to obtain allocation of the Karura Forest whereby approximately 45.5. acres was demarcated for his use.

The tycoon had instructed Mr Kirundi to act as his advocate and co-director by incorporating the new company.

Mr Maina was to hold the directorship on behalf of Mr Kiplagat, while Mr Kirundi was to hold the directorship in trust for Mr Maina.

KARURA FOREST LAND

It is not clear why he wanted President Moi served in the suit filed by the National Social Security Fund (NSSF) which had bought the contentious allocation for Sh295.5 million.

The prime land was between Old Muthaiga and the Kitusuru Estate in Nairobi.

Although this was forest land, Kitusuru Limited obtained a title from the Commissioner of Lands on April 1, 1995 and Mr Kirundi approached NSSF to purchase the land, which it did. After that, Kitusuru Limited was dissolved.

It was only after Mwai Kibaki won the presidential election that the Forest Department got the courage to write to the NSSF board of trustees in 2003.

FOREST RESERVE

The pensions fund was told it did not own the land (LR 2009/12274) as it had been excised from a gazetted Forest Reserve by a Proclamation No. 44 of 1932.

The court heard that this chunk was declared a central forest under Legal Notice 174 of 30th May 1964.
Thus, according to the Forest Act Cap. 385, only the Minister in charge of government forests was permitted to alter the boundary — which was not done.
It was after NSSF sued him together with Mr Kirundi that Mr Maina sought to bring in President Moi and Mr Kiplagat.

GRABBED TOILET

Back to the City, Parliament had been told that Mr Maina’s Marble Arch Hotel had grabbed a council toilet — an issue that was revisited this week when Nairobi Governor Mike Sonko threatened, albeit in an uncouth way, to reclaim the toilet land after Mr Maina destroyed several houses built on his land in Kayole.
But that was not the first time that Marble Arch establishment had been admonished.
Another instance was when he was accused of destroying the Lagos Road public toilet — previously used by upcountry travellers since it was adjacent to the main offices of the now defunct Akamba Public Road Services Limited — one of Kenya’s most enduring long-distance passenger and courier service providers.

MIGHT

That Mr Maina’s Marble Arch got away with it after grabbing one of the three public toilets that disappeared during the Kanu era was an indicator of his might then.
Even after the matter was raised in Parliament in August 2005, all what the government said was that the Ministry of Local Government “has issued firm instructions to the Nairobi City Council (NCC) to repossess the toilets as per the recommendations of the Ndung’u Commission about grabbed land.”
But the status quo has remained — until the Nairobi governor sent his bulldozers — which is more of a tit-for-tat over the Kayole saga.
Mr Maina is a litigious man.

KAYOLE LAND

For the last 10 years, he has been battling in courts to get back the Kayole land that he claims was occupied illegally.
How he got this land is not clear but what we know is that in 1988 he was conned out of Sh17.4 million at View Park Towers along Uhuru Highway in Nairobi by a Mr Gabriel Njoroge Mbuthia who purported to sell plot No LR 23917 in Kayole, which belonged to the City Council.

Mr Mbuthia had posed as the son of Cabinet Minister JJ Kamotho.
He had been introduced to the tycoon as Mr Gabriel Kamotho by a cousin, NG Macharia.
It was the prosecution’s case that Mr Mbuthia, who was found guilty and jailed for two-and-a-half years, lawyer Paul Chapai Oduso and two civil servants — Mr Peter Gateru Macharia and Mr Marclus Njiru Nguru — obtained the money pretending they could sell land in Kayole.

COUNCIL PLOT

Mr Maina told the court that he then discovered that Mr Mbuthia was not the owner of the plot as it belonged to the council.
By then, Mr Mbuthia had received the money and escaped to Uganda.
But the occupants of this piece of land, LR 23917, allege that it was given to them by President Moi through the Embakasi Kanu office during the days when MP David Mwenje was notorious for allocating both private and public land to his supporters “and with authority of (then) City Council.”
How Mr Maina’s Muthithi Investment got this land was played out in court when it heard HCC No. 457 of 1999.
It emerged that after the tycoon was conned out of Sh17 million, he later started a purchase process of the same land from a company known as Gamex Shelter Hunters Ltd.

SUIT

But before the deal could be concluded, the Nairobi City Council filed a suit at the High Court against the Commissioner of Lands, Muthithi Investments and Gamex Shelter Hunters Limited arguing that LR 23917 belonged to the public.
In 1999, when this was happening, Nairobi was then under Town Clerk Zipporah Wandera, Kuria wa Gathoni as director of planning, and a generally ceremonial mayor, Sammy Mbugua.
By then, Joseph Kamotho was the Minister for Local Government. The less said about them, the better.

ABOUT-TURN

What we know today is that after City Hall lodged a case against Mr Maina’s Muthithi Investment, it did an about-turn during the case and a consent order was registered between all the parties which agreed that Muthithi Investment was the owner of the property.
Why City Hall decided not to pursue its claim is not known but the consent order was issued by the High Court on February 8, 2000 — thus leaving the multi-billion-shilling property to the Murang’a-born tycoon.
This consent order was followed by a court order dated July 8, 2000 in which Muthithi Investment was declared the owner of the land.
But there was one problem: Local MP David Mwenje had already started allocating part of the land to some Kanu youth wingers, while others claimed that they were allocated the land by President Moi.

REMOVE OCCUPANTS

Mr Maina had tried to remove these occupants through the courts in Civil Case 498 of 2004, but they staged a counter argument that he had also received the land through fraud.
But when their lawyer termed the court order that gave Mr Maina the land as “suspect”, the phrase seemed to irk Justice Murugi Mugo who was hearing the case.
She said: “With respect I find Counsel’s comment about this court’s order rather unbecoming as it suggests fraudulent dealings on the part of the court. Counsel knows that the appropriate course to take where one is dissatisfied with an order of the court is to move the court to either set the judgment aside in a review application or on appeal,” Justice Mugo said.

“That the respondents may not have been parties in HCCC No. 457 of 1999 does not give them any right to adopt an abusive attitude towards the court in regard to its orders.”

REMOVED FROM JUDICIARY

Interestingly, Justice Mugo was removed from the judiciary after the 2013 vetting after she was accused of being rude and uncourteous to lawyers and litigants. The Judges and Magistrates Vetting Board chaired by Sharad Rao found her unsuitable to be a judge.

Back to Kayole, Justice Mugo had noted that the property was, as per court records, owned by Muthithi Investments and that all those who had “invaded” the land had no right to dismiss a court order vesting ownership as “phoney and/or irregularly obtained” when the same remains unchallenged.


But their argument that they were not party to the original suit which gave Mr Maina the land did not impress the court.
Justice Mugo said the defence was “a sham and incapable of cure by amendment or otherwise.”

ORDER

With that, Muthithi Investment got an order to have the occupants removed by force — which was done this week much to the chagrin of many, including the governor.

Before that, Mr Maina had tried to force the occupants out by suing the Nairobi Water and Sewerage Company and asking the court to order the firm to remove its pipelines from his property since the county government had not sought his consent.

Nairobi Water argued that it had entered legally binding contracts with other customers and that it would be a breach of the agreement and contrary to its legal mandate of issuing water and sewerage services.
Justice K. Bor argued that giving such an order would affect many other consumers who were not enjoined in the suit.

With that, Mr Maina was left to pursue the eviction order.

COMPENSATION

A year ago, this reclusive man was in the news again after he was awarded Sh711 million to compensate him after his mansion was demolished in Nairobi’s upmarket Spring Valley neighbourhood to pave way for a link road between Waiyaki Way and Red Hill Road.

Although the land had been acquired through compulsory acquisition in 1976, government officials said they did not know how Mr Maina was issued with a title deed.

While the government had urged the court to declare that the property was acquired for road purpose and that Mr Maina’s title was irregular, he argued that he had a valid title issued by the Commissioner of Lands.
Mr Maina successfully defended the acquisition of the land, saying the government should have followed due process to get it back.
The court agreed.

Mr Maina is a veteran of land deals — but how he will handle his current war of words with Governor Sonko remains to be seen.

Already, the county government has marked his hotel as “illegal property”.
**
Merry Christmas to all my fans and thank you for all your feedback.

How can we swim with the sharks out there in the big deep competitive world market if our rich made it so easily up? With this kind of scum as the most powerful and influential decision makers of the land, we are a sitting duck, a dodo that never developed the cut-throat skills to ward off mean pirates marauding from afar! aka top predators!

Here you understand why the Chinese business class moves through Africa like hot knife through butter. Only parasites and appetising dodos like Mike Maina are in their path. Cheap meals at that.

That is the tragedy of the rising Africa.

[jakaswanga]

THE GRAFT WAR AS A COMEDY IN EPISODES

National Anti-Corruption Conference at Bomas of Kenya as a PANTOMIME.

The two-day conference at Bomas of Kenya that ended Friday, 25 January 2019.

There is an old British joke about problems in government. If you can't solve it, do a conference about it, and leave it to a commission.

You would be surprised how many of such commissions, inquiries and the rest of such things which retired Lords chair, have been called into life by the British establishment to deal with the Iraqi war. It was fought on a false premise of WMD. The stated purpose of the meanderings, the restricted mandate of the successive inquiries, commissions and the rest of such things as retired lords chair, is to extend time until the key actors in the national deception are dead or too senile to be criminally held culpable.

And there is another British joke too, about intractable problems in government. Always blame it on somebody else, even if it is the stench of your own fart in the room!

Man, I have been attentively listening to the going ones at the mentioned National Anti-Corruption Conference at the Bomas of Kenya, and aint I gone all British retro!

Everybody else blamed everybody else.

No rat could be found to bell the cat. No clear mind could be found to call a spade a spade. No warrior could emerge to call the bluff of the Corruption Cartel holding Kenya's future captive.

But what do you expect, of an infantile comprador lot, themselves chicks hatched from the eggs of Corruption!?

Remember this old adage. Combat regiments which face death dealing with a dread enemy, truly honour their past braves, heroes and Rambo's. They don't do fallacy, because combat deaths can not be reversed. Facts are not matters of opinion, nor lay nor legalistic interpretations ..... like the accounting statements of the KPMG over Mumias Sugar, Auditor General Ouko's statements over the SGR or HomaBay devolution cash malfeasance; the parliamentary report on imported poisonous sugar, TJRC and Ndung'u reports, etc etc. You get the gist!

When it comes to the anti-corruption fight in Kenya, only one former top-gun is remarkable, only one former occupant of the top office is worth a salute. His name is John Githong'o. Yet, officially speaking, this guy is nationally DAMNATIO. Neither does he now nor ever existed, nay, even if still alive, he is dead. That is according to these things in Nairobi such as organised ... and attended .... the above mentioned Bomas farcical thingy.

Damnatio memoriae is a modern Latin phrase meaning "condemnation of memory", i.e., that a person is to be excluded from official accounts. There are and have been many routes to damnatio, including the destruction of depictions, the removal of names from inscriptions and documents, and even large-scale rewritings of history.

It was a form of dishonor that could be passed by the Roman Senate on traitors or others who brought discredit to the Roman State.[citation needed] The term can be applied to other instances of official scrubbing; the practice is seen as long ago as the reign of the Egyptian pharaoh Hatshepsut in the fourteenth century BC.

Those of us who follow such HISTORICAL tweets must grin, and avail the time to explain the LONG wink to a younger generation. John Githong'o is persona non grata ... best forgotten because ... …. …..

1. He is was a useless piece of sh!it in office!
2. If not 1 then what!?

Ya, then what!? No doubt you caught yourself grinning too!

Next: ABETTING CORRUPTION: THE CHARADE OR BLAME GAME IN NAIROBI

1.

The Judiciary was once again on the receiving end yesterday for being a stumbling block in the fight against corruption.
During the first day of the National Anti-Corruption Conference at Bomas of Kenya, the multiagency team headed by Attorney General Paul Kihara talked tough against corruption, warning those engaging in the vice that they will not enjoy their ill-gotten proceeds.

But while sounding a warning to the corrupt individuals, the team accused the Judiciary, which is led by Chief Justice David Maraga, of being a deterrent instead of an enabler in the war.

[jakaswanga]

THE OFFICIAL SURRENDER OF HAJI AND KINOTI FROM THE ANTI- GRAFT WAR


Director of Public Prosecutions Noordin Haji (left) and Attorney General Paul Kihara converse during the National Anti-Corruption Conference at Bomas of Kenya on January 24, 2019. They have vowed to win the war against corruption. PHOTO | DIANA NGILA | NATION MEDIA

It is importatnt to hear them in their own words first.

BAIL

Kicking off the accusation was Mr Kihara, who took issue with some court orders that deter arrests of suspects, pointing it out as one of the main challenges slowing the war.
“The issuance of bails by the courts is a concern to us. A chicken thief is handed a fine of Sh500,000 while a person who has stolen billions is only given Sh1 million as bail.

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“We will not be bribed nor be intimidated by anyone. We will fight corruption to the end without discrimination, but guided by the rule of law and God,” Mr Kihara said.
“We don’t fear anyone, whoever you are, wherever you are, we will find you and you will account for everything because nobody is above the law,” he added.
Mr Kihara said assets worth Sh3 billion have been recovered by his team through a well-coordinated approach.

EVIDENCE

In his first public appearance since taking office, Ethics and Anti-Corruption Commission Chief Executive Officer Twalib Mbarak said he is determined to end corruption in the country and will not listen to naysayers whom he said have discouraged him by saying his office is jinxed.
Mr Mbarak said judicial process must be seen as an enabler in the fight against corruption.
“I have met many people who tell me that I will not manage to fight graft, but together with the multiagency team I want to prove them wrong,” Mr Mbarak said.

Director of Public Prosecutions Noordin Haji said his office has been accused unfairly for failing to adduce evidence in court.
“There is a narrative that we are overzealous in fighting graft without evidence, that criticism is unfair. When we go to court, we have evidence,” Mr Haji said.

COURT ORDER

Director of Criminal Investigations George Kinoti complained that even when his officers are still pursuing a suspect, they have already got a court order stopping their arrest.
“We know that a person has stolen from Kenyans but while going for him, we get court orders not to arrest. Can we be allowed to arrest this person and bring evidence to court?" he asked.

The Judiciary is today expected to respond to the allegations levelled against it at the conference, which will be officially closed by President Uhuru Kenyatta.

TAX

Mr Githie Mburu from the Kenya Revenue Authority also said they have been frustrated by the courts when trying to collect taxes from corrupt suspects.

“Our biggest challenge in collecting taxes has been the courts. When an individual rushes to court to bar us from taxing him, we lose a lot of money and our taxes are not secured,” Mr Mburu said.
“The cases take up to five years and by then the person has already taken all the money to Dubai and we have nothing left to tax,” he added.

Last week, Mr Maraga said the war on corruption cannot be won on the intensity of emotions, but strict adherence to the rule of law.

Haji, Kinoti complain of 'strange orders' frustrating war against graft

Wainaina Wambu Posted on: 25th Jan 2019 00:00:00 GMT +0300


Director of Public Prosecution Noordin Haji (R) and Directorate of Criminal Investigations (DCI) boss George Kinoti after a Committee meeting with the Multi-Agency team on Corruption at Parliament. [Boniface Okendo/Standard]

Rich and powerful suspects are using the Judiciary to evade justice, top officials leading the fight against corruption have said.

In a candid discussion on the state of the anti-graft war, the Director of Criminal Investigations (DCI) and the Director of Public Prosecutions (DPP) said lenient bail and court orders were the weak links in the fight.

The two spoke yesterday during a panel discussion at the National Anti-Corruption Conference held at Bomas of Kenya. The two-day meeting ends today.

DCI boss George Kinoti spoke of “strange orders” from the courts that prevented the arrest of certain powerful suspects against whom investigators had uncovered evidence.

SEE ALSO :Failed arrest fuels Kinoti, EACC war

Favoured rich

DPP Noordin Haji said some court orders favoured rich people charged with graft, including lenient bail terms that allowed them back to their powerful offices, exposing witnesses to intimidation.

The DPP vowed to take the fight to the Supreme Court to ensure suspects facing graft charges stepped aside.
Mr Kinoti said that despite having concrete evidence against some individuals, some court orders had effectively prevented him from questioning or recording statements from the suspects.
“Some of the frustrations that pull us down are some strange orders we receive. We are stopped even before we record a statement from somebody whom we know very well has stolen from Kenyans and all Kenyans know we have pursued this person.”

SEE ALSO :Ojienda off Haji’s hook for now

He said he had evidence to prove that he had been stopped from questioning certain people.
He explained that he was recently in the process of pursuing a top official suspected to be involved in graft when he received “pre-emptive orders” to drop the investigations.

“We all know and evidence can show we are stopped from questioning certain people.”

Untouchable suspects

 Kinoti referred to one suspect, Mr A, and said that he had been told not to use the “door” to arrest them.

SEE ALSO :DPP furious after Ojienda's Sh89m case is suspended

“But I found a ‘window’ which was the smoking gun but was ordered not dare touch that person.
“When the orders came, I read them very well: ‘`Do not use the door to go and arrest Mr A.’ I sat down and consulted with my legal advisers, then I said there is a window if I cannot use the door to arrest Mr A, I can use the window.

“When we bring the smoking gun then we are told: ‘Do not even dare touch that person’.”

Kinoti said thieves of public funds were “no better than terrorists”.

“When you steal hospital and development money what do you think you are? You are no better than that terrorist,” the DCI boss said.

SEE ALSO :Uhuru wants public servants to stop dealing in private business

He compared the current war on corruption to Italy’s fight against the Mafia.
“The war (on the Mafia) was won after the people’s outcry, by the coordination between the police, prosecution and judiciary.”

He assured Kenyans that he would not despair in the war against corruption.

“We are doing our best as far as investigations are concerned. There are challenges, but these have not reached the point of discouraging us.”

Mr Haji dismissed the narrative that his office was “overzealous”, leading to the collapse of cases.
“What do people expect us to be? It is an unfair criticism to us. Some people even have a mindset that any investigation that comes is poorly done.

“When we go to court we have the evidence, but there are things that we are asked to disclose because the Constitution says you must give the accused evidence you have against them.”

Haji complained that the legal system favoured the rich in the war against corruption.

“Why can’t everyone be treated the same, mwananchi na walioiba (ordinary Kenyans and those who stole)?
“Umeiba mabillioni alafu sisi serikali tunaambiwa tulipe sisi (You have stolen billions and then the Government is asked to pay for it because the Constitution says so). This Constitution only serves those who steal.”

The DPP said his office, the DCI and the Ethics and Anti-Corruption Commission (EACC) were spending a lot of money on corruption cases, only to have the suspects released on lenient bails.

“We ask ourselves should this money be spent on investigations or to printing materials for suspects?
“So, in the long run, we go to court and we say: ‘Give us time to get funds,’ for example, but the defence and cartels tell us: ‘You don’t know your job.’ Is that fair criticism?”

Level field

Haji called for a level playing field in court battles against corruption.
“We are asking that the playing field be levelled for everyone. It can’t be that the thieves get preferential treatment.”

Haji said he would go to the Supreme Court to ask for a ruling that all suspects charged with graft step aside.

“I have been fighting to ask the people that we’ve charged to step aside. That is in the Constitution and we will go up to the Supreme Court if we have to get that ruling.”
He further complained about the numerous court orders granted in corruption-related cases.
“It has reached a point where we are given fake documents. It is not right. We will fight until we get justice and equality.”

The DPP also pointed out the challenges the prosecution was facing in cases involving top county officials, accusing some governors of intimidating witnesses, including sacking those who worked under them.

Attorney General Paul Kihara agreed with the DCI and the DPP that some court orders were negatively impacting the prosecution of graft cases.
“Court orders that prevent arrest, investigation and prosecution of cases also present a challenge because such orders do not allow the presentation of evidence for determination on evidence.”

Faulted courts

Justice Kihara also faulted courts for allowing graft suspects to return to work, especially in high-level cases, saying this risked compromising investigations, evidence and prosecution.
“A greater challenge that we now face and are experiencing are judgements of the courts that allow the return to office of persons charged with corruption.”

The conference was organised by the Multisectoral Initiative Against Corruption.

The initiative, which was formed last year, includes various sectors to develop strategies to combat corruption.

It attracted 2,500 delegates and will see both the public and private sectors commit to implementing a four-year action plan to fight corruption.

“For each of the strategies reported we will ensure that they are implemented. We will also measure and monitor their progress,” said Lee Karuri, a co-convener of the conference.

Uhuru Kenyatta identifies Kenyans of virtue

Friday January 25 2019


Combined images. From left: Constable Joshua Ombati and matatu conductor Daniel Mwaura. They were praised for promoting honesty when doing their jobs. PHOTO | FILE | NATION MEDIA GROUP 

In Summary

Constable Joshua Ombati arrested suspected robbers and returned to the owner the stolen Sh400,000.
Mr Mwaura, a matatu conductor, was praised for returning a wallet containing Sh30,000 a passenger had dropped in his matatu.


By PHILIP MOMANYI MAOSA


President Uhuru Kenyatta on Friday made the war against corruption more practical by identifying and praising Kenyans who have helped abate the vice.
Speaking during the closing ceremony of the National Anti-Corruption Conference at Bomas of Kenya, Mr Kenyatta urged all Kenyans to join the campaign to make the country corruption-free.
"The general public has an important role to play in highlighting instances of corruption in both the public and private sector.

"Kenya has a vibrant social media landscape. I urge Kenyans to use the tools of social media to identify, stigmatise and report all instances of corruption that come to their knowledge," he said.
He mentioned three success stories of public officers who have carried out their duties with diligence and integrity.
Constable Joshua Ombati

Related Content
Uhuru leads pledges on graft - VIDEO
MWANGI: How lawyers are actors and accessories to corruption in Kenya
Honest matatu tout returns passenger's Sh30,000
Praises pour in for hero officer Joash Ombati - VIDEO
The police officer captured the public's attention on October 17 last year when he pursued, intercepted and arrested two robbery suspects who had stolen Sh400,000.

He was in Parklands when he heard a man screaming that he had been robbed by people in a speeding vehicle.
Mr Ombati courageously went after the suspected robbers and arrested them near Parklands Police Station.
Interestingly, onlookers tried to incite him to shoot them dead but he refused, saying they had surrendered, therefore they were not a threat.

"The suspects had surrendered so there was no need to use more force. They were no longer a threat," he said. He returned the money to Voi businessman Amos Charo Saro.
Mr Daniel Mwaura, matatu conductor
In April last year, Mr Mwaura was acclaimed for returning a wallet containing Sh30,000 a passenger had dropped in his matatu.

The owner, Mr Stanley Kaberi, intended to use the money to pay medical bills for his sick child.
"I believe that one should do to others what he expects them to do to him. And even if I had pocketed that money, it could not have ended all my problems. Even if it had been more than Sh30,000, I would still have surrendered it because I believe in earning clean money," he said.
His Ganaki Sacco management and Mr Kaberi thanked him.

Kenya ladies golf team

The President recognised this group for their oustanding honesty after they returned a cheque of Sh500,000 of the remaining Sh2.5 million they had been given to cater for their expenses during a tournament in Ghana.
To drive home the message, Mr Kenyatta said: "We have many honest, hardworking and virtuous people in our society. We must hold them up us role models to be emulated by our youth."
He added that all the recommendations made by citizens on the remedies of rooting out the blight will be incorporated in the anti-corruption strategy.

You know me I am grinning. My memory isn't damned yet. It recollects John Githong'o. Dam-n, even THE KROLL REPORT for that matter!

And do you know what the current Aattorney GGeneral, KKihara, found of the K-roll report then!?

[jakaswanga]

THE TEARS OF HAJI AND KINOTI, MBARAK AND KIHARA

I consider myself a retired old man in matters African politics. I am not that old, but I no longer have the heart for something I will confess later elsewhere. When I see sh!t I call it sh!t. The days of calling spades big spoons are yesterday to me. So I will sit under the proverbial tree in the African homestead where old men tell tales and, occasionally, dispatch wisdom to, for instance, young men besieged by marital troubles. Neither do such veterans of combat forget newly-wedded boys who, having defied the ancestors and married for love, quickly are discovering an old truth. The institute isn't built to run on love.
The English put it as if wishes were horses beggars would ride.

Let us take a look at this cartoon. And then many more. Some of the best lessons are learnt served with, as Achebe once quipped, proverbs are the saliva with which hard lessons are digested, or so I forget!

They say where I come from domestics are best tackled in public with sexy tales of the humorous type. Like, from our shores, a tale is told of the marital fresher who went all the way to Waganga in TZ to contrive a trap. Thereafter the lover of his adulterous wife got stuck in her and was caught –--deeply embedded in the cookie jar---- red-handed so to speak. The law demanded the duo be killed, the male by the cuckolded hubby. But it turned out to be his best friend and blood relative. Now, killing a blood relative for whatever reason was even a higher offence. It was time for local Solomon's and Nestor's to defend reputation.

But first, why was his wife double-crossing him with his best friend? Why were the two closest humans to him doing this to him, cucking him!? As it turned out in confessionals, he had been having an affair with his best friend's wife, Yuore! They were merely following his –-stiff and wet---- example!

What do we do now? the village boys wanted to know form the local Solomon. The adulterous caught red handed were to be killed as per law or what? The old man sighed, tired of hypocritical blood lust and endless public stupidity: 'It is the planting season, why loose four labour hands in the prime of their lives because of voluntary sex? Why loose two women who because of their loose morals are, obviously, a potential important training ground for future bulls? The best course is, if they do not want to officially exchange partners, either permanently or regularly, to warn them to keep their bedroom matters bedroomed. However, let us fine them heavily for bringing the great institute of marriage into disrepute! And if you go to Waganga, before you follow their advise please, please face a few truths of your life too!'

That was the local Solomon rising against the local moral fundamentalists, say the Talibhan tide or side of our culture. And that is the way it is in our village to this day, despite the onslaught of new world religions with their pious ultra sex morality! (Consequence is also that when we spy the statistics denoting the density of HIV infections, my home county is …. kind of …. highly competitive. But that is another story!)

Now let us do these young men who, yesterday at the Bomas of Kenya, were waxing teary over their domestics in the anti-corruption combat. DPP Haji, DCI Kinoti, EACC Twalib Mbarak and AG Kihara, sounded as dejected and as disappointed as newly marrieds returning their spouse to senders! –--Of course it is the rotten judiciary spoiling their bliss. Not even a honeymoon period have they enjoyed before the likes of professor Ojienda and the Grandmullah reduced them to idle impotence and incompetence.

Who is it who, taking their oath of office, misinformed them the anti-corruption fight would be a roller-coaster bliss!?

Okay, Okay! Adolescents must be excused when, first love, they insist love is blind! Older men of course had seen the reality and pushed narratives as captured below –--all humour of course!

































And for my best sexy tale, here JAMES OBONDO, the idea of the Kenyan James Bond.

[jakaswanga]

Long b4 today, listen to James Murua!

The Kenyan James Bond, watch this space!


Nov. 14, 2015. By JAMES MURUA

The Kenyan James Bond, watch this space!


This past weekend I joined the rest of the world to watch Spectre, the 23rd installment in the movie series that follows the exploits of British spy James Bond.
The movie has been acted by Sean Connery, Roger Moore, Timothy Dalton, George Lazenby, Pierce Brosnan and most recently by Daniel Craig since it debuted in 1962.

The movies follow a pretty standard format. Secret agent James Bond is summoned to the headquarters of the British spy agency in London where he meets his boss “M”.
M will then give him an assignment to investigate something he feels threatens British security and, or, interests. After being given his assignment he will be kitted with cool state of the art gadgets by “Q” after which he will go into the field.

After killing many bad guys, he will get to meet the head bad guy who is a psychopath with plans to take over the world. They are very important to the movie plot as usually this unhinged person trying to end our way of life as we know it is usually an exact contrast of the cool calm and collected Bond character. Drinking his vodka martini, shaken and not stirred, and surrounded by a bevy of beauties he will save the day.
As I watched this Spectre movie, which was one of the better ones in the Bond series, I couldn’t help but wonder if we could do that in Kenya.

After all it’s known movies are very good for the economies of the countries that produce. I have heard it said that the Nollywood movie industry in Nigeria employs more people than the oil industry which is the West African country’s biggest exchange earner.
Maybe we, too, can jump on this train and start making movies to help our nation. What better series to copy and paste than this James Bond series. If Hollywood won’t give us a black Bond then our introducing him will be universally welcomed surely?

Our Kenyan Bond might have to have different name so that we won’t have to be in court for decades with the producers of the original series; we would simply call our hero James Obond.

In this series, Obond would be summoned by our minister of security and he would be given his brief on the threat to Kenya’s national security.
The threat for instance would be investigate the actions of an evil journalist leaking state secrets to the public under the guise of fighting corruption. Turning media who are placed in high regard into villains should work quite well.

Our James Obond will follow the bad guy starting by reading the newspaper the said journalist writes for cover to cover. The assignment would be to follow the said journalist from his house to his office, then he is arrested before our spy hero rushes to the printing press that is churning out the offending story. He will then destroy the press just as the newspaper is getting off the production line.
With his assignment sorted, Obond would then be assigned to the gadget person in the government which seems to be located at the Ministry of Devolution. Here, he will be allocated several items to protect him in the field by “W”.

His Aston Martin car, which is borrowed from the minister, will be fitted with many gadgets like TVs that can tune into many channels that the bad guys are known to watch. He will also be assigned a special pen which will allow him to track the location of the bad guy. The pen which looks like a pen but is much more thus costs much more will also have with it an exploding device that can render a newsroom of rabid rogue journalists useless when it explodes.

He will also be assigned several sex toys which he will use to extract information from the colleagues of the rogue media agent. The toys will ensure that Agent Obond will simply approach the female colleagues and then offer to take them to cloud nine while behind closed doors. As soon as said colleague says, “Obond nimeshoka” the extraction of information will start until the intentions of the suspect are ascertained.

With his full complement of tools he will then go out into the field and seek out the bad guy as he goes through a raft of 'socialites' who will all, as standard, be gifted with large derrieres and save the day.
Make my dream happen Riverwood..

Who told you the old baobab at the market place under which the best tales are told was cut down by Zuckenberg!?

[jakaswanga]

IT IS AHOT WEEKEND, good for footnotes

Dec 21, 2018 23:25:24 GMT 3 jakaswanga said:

Why NLC shelved decision on Weston Hotel land

Cyrus Ombati and Geoffrey Mosoku
Posted on: 21st Dec 2018 THESTANDARD.



Weston Hotel along Lang'ata road. [File, Standard]

Divided commissioners of a lands agency were yesterday unable to reach a verdict on the disputed ownership of land on which a hotel associated with Deputy President William Ruto sits.

A resolution on the land where Weston Hotel is located aborted and the National Lands Commission (NLC) instead postponed the crucial decision to February next year, when the agency's eight commissioners are scheduled to leave office.

The commission met for almost five hours yesterday to discuss the Weston Hotel land, another said to have been leased out to Delmonte in Kiambu County and other administrative issues.

The Kenya Civil Aviation Authority (KCAA) claims ownership of the land on which Weston Hotel sits but yesterday, commissioners disagreed on the way forward.

SEE ALSO :Linturi’s wife gets restraining order against him

According to insiders, one group vouched for the revocation of the title deed but the other rooted for compensation for the land at the current market rate.

The conflicting decisions were reportedly based on a preliminary finding that the land belonged to the Government, a claim The Standard could not independently verify. The disagreements forced the commissioners to shelve the planned vote on the issue.

“The determination will be made in February, as there are issues that have not been agreed upon by the commissioners. Some want the title revoked, while others want the owner to be ordered to compensate the Government at market rate (of about Sh200 million),” said an insider aware of the progress.

Commission vice chairperson Abigael Mbagaya chaired the meeting, given that Chairman Muhammad Swazuri is barred by a court order from participating in NLC meetings due a corruption case he is facing.

Others present were Abdulkadir Khalif, Clement Lenachuru, Emma Muthoni Njogu, Rose Musyoka, Samuel Tororei, Silas Kinoti and Tomiik Konyimbih.

SEE ALSO :Pass two thirds gender rule, DP urges MPs

The draft report had been prepared reportedly recommending that the title for Weston Hotel be revoked.

The commission was to discuss the issue before notifying parties to the matter -KCAA and Weston.

Had the report been adopted in its draft form, and members appended their signatures, then Ruto would have lost the land. That would have left the Deputy President with the option of challenging the decision at the High Court.

KCAA, too, would have had the right to appeal were the decision not be in its favour. Yesterday, Ms Mbagaya refused to comment on the issue, asking reporters to should be patient till February.

And after the issue was shelved, the commission turned its attention to the Delmonte land issue, with parties giving submissions.

SEE ALSO :Science versus humanities: What if Ruto was right?

The commission also revoked the appointment of NLC acting Chief Executive Officer David Kuria and replaced him with Human Resource head Kabale Arero Tache.

Prof Kuria had been at loggerheads with the commission on whether to put some staff there on contract or on permanent terms.

Kuria will now remain the head of land information management system. He was named acting CEO in August when the former holder of the position, Tom Chavangi, was arraigned over various issues with regard to the Standard Gauge Railway compensation.

During public hearings in October, Ruto defended his acquisition of the land along Langata Road, saying he had bought it legitimately. The DP has already acquired a Sh1.3 billion loan using the title.

Ruto, his wife Rachel Chebet Kimeto and daughter Charlene Chelagat Ruto are listed as directors of Weston Hotel Limited.

SEE ALSO :DP William Ruto holds key to taming his allies in Uhuru succession

Ruto - through lawyer Ahmednasir Abdullahi - denied irregularly acquiring the land, saying no one had ever claimed the property since he acquired it. He said he did not receive any complaint from the State or an individual during the hotel's construction.

He said he acquired the land in 2007 for Sh10 million from its registered owners - Priority Management Ltd and Monene investments limited.

Priority Management Ltd and Monene investments limited had been allocated the 1.7-acre land on January 5, 1998 for a period of 99 years to develop residential flats and apartments after paying a Stand Premium of Sh320,000.

The two firms got the title for the land in 2002 before transferring it to Weston Hotel on June 13, 2007. Weston then applied for change of user, which was approved.

“Our client is a bona fide purchaser for value. If there is any defect on the title, our client was not aware of it. The allottee has a valid grant obtained from Government, on which was endorsed the transfer to our client,” the lawyer said.

KCAA told NLC a cartel operating in the Lands ministry, working in cahoots with its own officers, conspired to relinquish the land for an alternative land in Embakasi.

“The KCAA management and the board has never at any one time consented, agreed, relinquished, surrendered or ceded the plot by way of sale, transfer, gifting or otherwise given it to any other person,” KCAA’s lawyer Cyril Wayong’o said.

THIS DEFENCE!

“Our client is a bona fide purchaser for value. If there is any defect on the title, our client was not aware of it. The allottee has a valid grant obtained from Government, on which was endorsed the transfer to our client,” the lawyer said.

Is called handling in stolen property! Citing ignorance as a defence is .... Original Namwamba used to say pedestrian. Current Namwamba would probable bleat HEAR! HEAR! case closed!

But why should the NLC let itself be used to nail Ruto!? so they kicked the can down the street!

Remember the then CJ Wily Mutunga declining to shed light on whether the integrity clause, chapter six, was the eye of the needle the camels infesting the political landscape couldn't pass through!? He kicked the can to Maraga!

Neither do I see Maraga rising to the challenge! Methinks Sir David exhaused all his mental reserves on the nullification of the first Wafula-Chebukati return! he is burnt out!

FOLLOW UP.

WHO OWNS LAND?


Rogue Kenya Civil Aviation Authority (KCAA) officials might have colluded with those in the Lands ministry to give a private entity the land on which Weston Hotel in Lang’ata stands. FILE PHOTO | NATION MEDIA GROUP 

Weston Hotel survives but Ruto to pay Sh350m for 1.7-acre airport land

Saturday January 26 2019

Rogue Kenya Civil Aviation Authority (KCAA) officials might have colluded with those in the Lands ministry to give a private entity the land on which Weston Hotel in Lang’ata stands. FILE PHOTO | NATION MEDIA GROUP 
In Summary
A professional land valuer, Mr Waweru Maina, said an acre of land in the area goes for Sh220 million. Weston sits on 0.77 hectares (equivalent to 1.7 acres).
A close confidant of the DP said Ruto is ready to pay whatever penalties will be imposed on him so that "he finishes with this issue once and for all.”

By KIPCHUMBA SOME

Deputy President William Ruto could fork out more than Sh350 million for the land on which his Weston Hotel stands on Lang’ata Road, Nairobi, following recommendations by the National Land Commission.

A professional land valuer, Mr Waweru Maina, told the Saturday Nation that an acre of land in the area goes for Sh220 million. Weston sits on 0.77 hectares (equivalent to 1.7 acres).

“The principal that applies is that the bigger the land, the lesser the value,” he said. “If an eighth acre goes for Sh1 million, an acre will not be Sh8 million, but less. Therefore, an acre in that area costs Sh220 million, then 1.7 acres will cost roughly Sh350 million.”

However, the NLC has recommended that it undertakes fresh valuation on the parcel before a final figure is sent to the DP for settlement — that is if the DP agrees to the NLC’s findings.

READINESS

A close confidant of the DP who has been following the matter but who sought anonymity said: “He is ready to pay whatever penalties will be imposed on him so that he finishes with this issue once and for all.”

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However, the DP’s wish could hit a snag since the Kenya Civil Aviation Authority (KCAA) — the complainant in the case — has signalled its intention to appeal NLC’s decision. This can only take place in a full court hearing.

“It will mean going forward that somebody can just grab public land and allege that he or she is an innocent purchaser, and thereafter decide to compensate, which is wrong,” KCAA lawyer Cyril Wayong’o told a local publication.

In the event that the case goes for full trial, Dr Ruto’s confidant said he (the DP) is confident that the case will go his way. “The documentation for this land are all valid and therefore his chances of victory are strong,” he said.

SILENCE

A conspiracy of silence between officials in the Lands ministry and those from KCAA led to the loss of the land, says a report prepared by the NLC on the status of the land.

The report, signed by NLC vice chairperson Abigael Mbagaya, upbraids officials from the two offices for not doing enough to protect the property even when it had come to their knowledge that it was being targeted by private developers.

For example, the Lands ministry failed to place a caveat on the property as it had suggested in one of the many back-and-forth letters it wrote KCAA concerning the land, while the latter failed to file a court case against what it claimed was irregular allocation of its property to private individuals.

“The order for a caveat was made on December 18, 2008 was never executed (by the registrar of titles),” said Ms Mbagaya in her report. “KACC (Kenya Anti-Corruption Commission) abandoned investigations on September 21, 2010 and there was no case in court to decide on the matter.”

VALUATION

She recommended that Weston Hotel pay the current market price for the land to KCAA so as to enable it purchase land of equal value and for NLC to regularise the title to Weston. 
However, Ms Mbagaya noted that the process of allocation to Priority and Monene — who sold the land to Weston — “may have not followed due process, but no documents were apparently forged.”

But she said that the land “was terribly under-valued” by the time it was allocated to Priority Ltd and Monene Investment for Sh409,290 as statutory fees in 2002.

In 2007, the two firms sold the land to Weston Hotels Ltd for Sh10 million.

HARD WORKERS! raise your hands!

These events are important to document in detail. The mechanics of raw theft. So that a tough man like Tshaka, when he rises, and is minded to clean up the rot, can move up to so and so and tell him: you failed to file a court case to protect public land. You are a corrupt fool, die. And you, you undervalued the property by 50%! you are a rotten man, die.

While others hold conferences at the BOMAS to fight corruption, others must of course sharpen the daggers. All options on the table as the Americans always say.

THE OFFICIAL WHITEWASH OR LAUNDERING OF LOOT detailed!

NLC hands Ruto’s Weston soft landing

Macharia Kamau 26th Jan 2019

Weston Hotel along Nairobi's Langata Road. (Elvis Ogina, Nairobi). The story of how the National Land Commission (NLC) gave a hotel establishment associated with Deputy President William Ruto a rare privilege of paying up for developing an illegally acquired public land, can now be told.

A January 22 NLC report obtained by Saturday Standard slapping Weston Hotel on the wrist for illegally taking up 0.773 hectare of land belonging to the Kenya Civil Aviation Authority (KCAA) places the blame on past officials at Lands ministry.

The report acknowledges that the 0.773 hectare (1.7 acres) land was illegally allotted in 1998 and that it indeed belonged to KCAA but still opted to give the hotel a soft landing, requiring it to pay KCAA for the piece of land opposite the Wilson Airport.

This is in contrast to what has been witnessed in recent past, where buildings on public land have been brought down, in spite of their owners obtaining court documents stopping demolitions. This was the case for the South End Mall along Lang’ata Road, down the road from Weston, that had been built on riparian land.

SEE ALSO :NLC orders probe on fraud claims in Diani allocations

In the report, NLC says it would regularise the Title Deed issued to Weston Hotel once it pays KCAA the current market rates for the parcel of land.

“Weston Hotel is required to pay the current market price of land to KCAA so as to enable it purchase land of equal value,” said NLC report signed by Abigael Mbagaya, the commission’s vice chair.
The report details how the piece of land has since 1998 changed hands, and the various interventions by KCAA and numerous Ministry of Transport officials.

These included several Principal Secretaries that over time served in the ministry, including Francis Muthaura and Sammy Kyungu. Former Prime Minster Raila Odinga also at some point tried to intervene.
The parcel was initially allocated to Priority Investments Limited and Manene Investments Limited after paying what NLC said was grossly undervalued amount.

SEE ALSO :On leadership, women should change tact

KCAA, in 1999, had written to the Commissioner of Lands to express concerns about the allotment of the land, which according to then Director of Civil Aviation “housed vital component in logistical support for the department”.

The authority, then operating as the Directorate of Aviation, had also put up stores there that held sensitive aviation navigation equipment and spares. It was also the same place that KCAA planned to build its headquarters.
In 2007, the hotel changed hands and was acquired by Ruto’s Weston Hotel Limited for a reported Sh10 million. Ruto, his wife Rachel Chebet Kimeto and daughter Charlene Chelagat Ruto are listed as directors of Weston Hotel Limited.
In October last year, Ruto defended his acquisition of the land on Lang’ata Road, saying he had bought it legitimately. The DP has already acquired Sh1.3 billion loan using the title of the land.
The loans, according to the NLC report, include half a billion shillings borrowed from KCB Group, both in local currency and the US dollar.

SEE ALSO :Sisters and NLC locked in Sh600m land tussle

“This property is charged to KCB twice - $1.5 million and Sh350 million,” said NLC, noting that the bank could lose money, in an attempt to justify why the hotel should not be demolished.
The report details how the hotel had been quite the hot potato over the years. It says that the Kenya Anti-Corruption Commission (KACC) – the predecessor of the Ethics and Anti-Corruption Commission (EACC) – investigated the matter but gave up on it when they admitted that they could not find documentary evidence to prosecute anybody.

They advised KCAA to seek help from the Registrar of Titles at the Ministry of Lands. “The Commissioner of Police was requested to provide security for the parcel and to identify the people KCAA accused of illegally acquiring and developing the parcel. The Commissioner however advised KCAA to seek a court order to compel the security committee to provide the kind of security KCAA had requested,”

NLC Report

Ruto, through lawyer Ahmednasir Abdullahi, denied irregularly acquiring the land, saying no one had ever claimed the property since he acquired it and that even during the hotel’s construction, he did not receive any complaint from the State or any individual.

No, the land was uninhabited, it was fallow and had no known official claims to it. Searches at the registry returned zilch!

Omera! these things in Nairobi! infants!

[jakaswanga]

THE CONFESSIONS OF A NON-WORKING TOP!

I am not sure whether the organisers of the BOMAS THINGY intended it so. But the anti-corruption bonanza ended up performing a dangerous but vital national function. It exposed a truth, letting the culprits confess in their own words, in their own tempo. It debriefed the whole elite, exposing their game and rot while functioning as public entertainment. I fed on every letter.

I begin with a light touch.

DPP Haji and DCI Kinoti, I am sorry to say straightway, do not seem to have worked in highly competitive environment. In such places no quarters are given by the opponent in open combat. For such men who never faced a level play field, open public law will be a dangerous place to operate. It will be highly frustrating, bruising and exasperating.

Why? Because the opponent, protected by law and unintimidated, will be at the top of his game; and, further more, trained, clever, and a burner of the midnight oil, the opposant will be coming prepared and ready for the kill, daily.

Law school, we all know from our classmates back in high school, attracted the rest of the best of logical brains fascinated with criminals but too scared to be one themselves. The best of the best in class of course went Man Power Combinations. Those were your Einstein's and Newton's. At least that's how we dubbed or nicknamed them. The law school lot, however, had a very high mercenary aptitude. They tended to have the loyalty of a prostitute to money. That immoral tendency of ever being for high rent, combined with beautiful brains and a top work ethic for well-paying criminals, is a winner-bomb I tell you, and in a corrupt country like Kenya, definitely paradise found.

People like Haji and Kinoti (the lot from the security and secret services) are finding out people like the Grandmullah and Ojienda, Kanjama and Ombeta, Katwa Kigen and Nyamondi, Kethi Kilonzo and Korir, Oraro and Rachier, Ngatia Nowrojee and Muite, Omogeni Omtata and you know the rest of the KLS-LSK&JSC gang, go to work and sleep reading the Kenyan constitution for a fat meal! Then they wake up to interpret it some, for an even fatter meal!

It isn't just simple corruption we are looking at, like when we pay ksh.150 to bypass police roadblocks with overloaded vehicles, we are looking at vintage intellect organised in a profession. We are looking at an elite corps. Its Bravo Company Delta Force, the RECCE squadders at law if you wish! This is Rambo --the best of the best skills--- Company from the Law School! And patriotism is not motivation they ever heard of in court!

And then behold

Haji and Kinoti (from the regimented YES SIR forces) may be under the illusion the auspices of their high state offices give them, per definition, an intimidating aura which they can swagger in court! –----WRONG! They do not do their homework, they do not seal their loopholes, they do not predict alternative interpretations to the same facts they hold, they underestimate the wriggle room for the concept of the benefit of doubt.... They mistake their bureaucratic power for intellectual authority before a court! In short, Haji and Kinoti become cannon fodder to the blazing intellect of the RECCE squadders from the Kenya Law School! (One hopes the DPP new-find Murgor will show Big Bun counterfire calibre)

The former Director of Public Prosecutions Philip Murgor is among three lawyers who have been gazetted as public prosecutors for two years.
The Director of Public Prosecutions Noordin Haji announced the appointment of Murgor, former Mombasa Mayor Taib Ali Taib and lawyer James Kihara Murithi as public prosecutors in a notice dated January 15 2019.

To date, the deluded antics of the DPP&DCI, some of them much derided by CJ Maraga at the same said BOMAS thingy to much laughter, sadly remind of the fantasies of the colonial Judge and apartheid prosecutor who, relying on their assumed racial superiority, so underestimated the legal wit of Argwings Kodhek or Nelson Mandela. Them whites were subsequently reduced to summer school students before visiting tutors. –---Summer school here refers to students who have to repeat some exams or be discontinued from law school.

After the rout from Black Kodhek –--Mau Mau defender, and Black Mandela –-ANC icon, the colonial and apartheid governments had no recourse but to change the law, to lower the threshold of conviction for blacks and other ...…. should we say …... enemies of the state and terrorist-leaning offenders!

ENEMY COMBATANTS AS IT WERE!

This lazy and expedient need to get cheap convictions is also the reason why Dubya Bush and Dick Cheney, post 9/11, warranted the concept of enemy combatants sans Geneva Conventions. This way they could avoid the civilisational dictate of proof beyond reasonable doubt, before a conviction in a legally constituted court at renaissance standards.

This laziness and brain deficiency is also the reason why MILITARY JUSTICE, aka court martials, have procedures and standards of proof which are yet to see the light of the Enlightenment, aka Renaissance!

No, Personally, ENLIGHTENMENT does not scare me. I worship her most trenchant attributes, from the Miranda to the Fifth, to Art for Art's Sake, to freedom of conscience, to total freedom of expression even if its merely the spew of racial bigotry and xenophobic instincts. Yes, if you ask me, homosexual marriages should be legalised in Kenya, but you remain free to call them SATANIC without being railed in for HATE SPEECH! No, I don't flinch, and I don't believe in curtailing the human mind in thought and expression. That is for the Planet of the Apes –--like Magafuli's TZ and Al-Sisi's Egypt! And I evolved away! All I do is believe in Work before god. ARBEIT! ARBEIT! ARBEIT! And then puszy puszy and onion butt!

This –----Arbeit Arbeit Arbeit chant or sigueya---- means the Kenyan constitution as it is, before it is changed to LOWER THE STANDARDS OF PROOF TO CONVICT (or summarily execute) THE CORRUPT, does not annoy me. I am confident if a team of (WO)MEN went to work, seeriously fighting corruption with the 2010 promulgate, burning the midnight oil and, like the RECCE in ever readiness, looking for smart loopholes to nail the scum who OBVIOUSLY have looted public property to the hilt, it is all a homerun to Kamiti maximum. This is why from the way I heard them talk, I believe HAJI AND KINOTI AND KIHARA are selfconvinced they out of their depth. This could be a honest reflection of their mandate, ie connivance, outing itself in more than a slip of the tongue. A confessional.

Then, alternatively thought, should we import more QC's with total mandate to untie or slash through the JUDICIAL Gordian Knot of corruption for us. Uhuruto didn't hesitate to hire London QC's for the Hague ICC when they feared to sink, left to the faculties of their usual locals.

Which brings me to this point I hinted after the DusitD2 attack.

During and after this and other terrorist attacks like Westgate, it becomes clear there exists FOREIGN organisations which have full AUTONOMY of operation locally. The SAS guy for instance tooled himself up and, Rambo Clad, did not wait for some bumbling order from some looter-prone Kenyan commander to stoop in his eyes (as singer George Michael would put it); nay, he acted autonomously, immediately and, if you believe the jingoistic bravado of the tabloid of his land, the Brit himself took charge of the cowering local commanders!
Second, the FBI were on the scene collecting evidence and DNA matter and shipping them to labs outside Kenya's jurisdiction. The FED's didn't even need to identify themselves to the Kenyan police. IE they have total operational freedom. Emergency or no emergency.

Yaani, the bottomline is this: work to be done; will be done by others if you yourself wont do it, for pay or otherwise. It is not just power which abhors a vacuum, even in sex the mpango-wa-kando craze leading to much male suicidal behaviour can easily be explained by men not rising to the occasion. So too can China's take-over of Africa be explained by the impotence of the African political class to pull her out of her economic ditch. IE Work not done, but which should have been done.

The BOMAS OF KENYA ANTI-CORRUPTION CONFERENCE was thus, in my opinion, a watershed moment. It was a CONFESSIONAL OF INCOMPETENCE by those currently mandated to save the country from this scourge. It was a public statement of abdication of duty by the CEO's.

There is an excellent cartoon in one of the dailies depicting the BLAME GAME at the top, the finger-pointing which, well read, points to the fact that the solution will most likely come from without. Our own lot charged with and paid for the job, are a no report, are a no-show, are a fake game and a farce. And they are confessing it a public conference!

Imagine there is no money to fight corruption, they dare say, while at the same venue they boast, ksh. 3Bn has been recovered the last two years from corruption proceedings! One could think, oops, how about using that to oil the guns to shoot down the beast!?

These too are important to establish beyond reasonable don't in public. Yaani, I wont be guilty of lowering standards of civilisation like them military courts, or Dubya and Obama in their collusion to the Dr. C. Yoo TORTURE MEMOS.

A series of memorandums from the Justice Department, many of them written by John C. Yoo, a University of California law professor who was serving in the department, provided arguments to keep United States officials from being charged with war crimes for the way prisoners were detained and interrogated. The memorandums, principally one written on Jan. 9, provided legal arguments to support administration officials' assertions that the Geneva Conventions did not apply to detainees from the war in Afghanistan.

These disclosed memorandums show a pattern in which Bush administration lawyers set about devising arguments to avoid constraints against mistreatment and torture of detainees.

Ya, the evil things evil men in power device to amuse themselves doing to other presumed evil men!

Nay, Luo Pivot, I will rather burn the midnight oil building a FOOLPROOF case against the Nairobi toyrulers, such that, when a tough prosecutor comes to call them in, the case is a slum-dunk, the sentencing a running conveyor belt!
To Hell!

And I will be back!

[jakaswanga]

ALTERNATIVE DISPUTE RESOLUTION

Now DPP promises to recover stolen land

Standard Team Posted on: 30th Jan 2019 00:00:00 GMT +0300

Director of Public Prosecutions Noordin Haji has vowed to recover all grabbed public land.

The statement comes days after the National Land Commission recommended that Weston Hotel, associated with Deputy President William Ruto, should pay for occupying public land.

The NLC's January 22 report, signed by vice chairperson Abigael Mbagaya, found that the hotel's management could not prove how the land was acquired.

The commission asked owners of the hotel to pay Kenya Civil Aviation Authority, based on the current market value, for its land.

SEE ALSO :NLC orders probe on fraud claims in Diani allocations
Yesterday, Mr Haji, (pictured), while witnessing the Ethics and Anti-Corruption Commission handover of 4.97 acres to the University of Nairobi, warned that he would not be soft on land grabbers.

Private developer

The Sh2 billion university's property in Kilimani had been grabbed by private developer indemnified as Aberdares Engineering Contractors Limited.

“We will not stop at just taking people to court, we will also ensure what belongs to the public goes to the rightful owner,” Haji said.

The university land was repossessed through Alternative Dispute Resolution, which the DPP and the EACC hailed as faster than the court system.

SEE ALSO :On leadership, women should change tact

EACC chief executive Twalib Mbarak said out-of-court settlement saved time and often led to amicable resolution to cases.

But what is Twalib Mbarak not saying!?

A bit of political economy will do!

Here is one clue

Read: Ruto built Weston on aviation land - KCAA

During the hearing, KCB lawyer Martin Muge pleaded with NLC not to revoke the title, saying any move would have ramifications for the interests of the bank.

Present during deliberations on Monday were NLC vice chairperson Abigael Mukolwe, commissioners Abdulkadir Khalif, Clement Lenachuru, Emma Njogu, Rose Musyoka and Samuel Tororei.

Read more: jukwaa.proboards.com/thread/1872/owns-land-blood-soil-issue?page=2#ixzz5e77Dglu6

Here is a second piece in jigsaw


Central Bank of Kenya Governor Patrick Njoroge

Banks lose sh63b in bad loans

Frankline Sunday Posted on: 08th Jan 2019

Central Bank of Kenya (CBK) data indicates non-performing loans went up from Sh234.6 billion in June 2017 to Sh298.4 billion recorded as at June 2018 with the manufacturing, trade and real estate sectors leading in the losses. “During the period under review, eight out of the 11 economic sectors registered increased non-performing loans (NPLs),” explains the CBK in its latest annual report.

“The increase in NPLs was mainly caused by delayed payments by government agencies and private sector, business stagnation during the prolonged electioneering period and slow uptake of developed houses in the real estate sector,” said the CBK.

SEE ALSO :Central Bank offers borrowers relief from interest rate hikes
The trade sector lead with the number of non-performing loans rising by Sh20 billion last year to Sh88 billion as at June 2018, with the CBK blaming the 2017 poll jitters for the depressed liquidity.

Now, WHAT IS A TOXIC PORTFOLIO!?

For instance, in the case of the fears of the KCB over the possible demolition of the Weston Hotel,if you remember the argument of the lawyer Martin Muge: toxic is like, for one, when a bank is exposed on a large loan whose collateral is a fraud!

Now, even before you read the Ndung'u report on land grabbing: How many grabbed lands in Nairobi alone, fraudulent and stolen property, have been used to as security for loans!?

Anyone, CBK Njoroge!? CBK statistics!?

ANYWAY:

For instance, to build his MULTIBILLION MALL on the Nyamochoma-KAYOLE area where he was recently evicting folks with a 'compromised' court order, Michael Maina the proprietor of the Marble Arch Hotel River Road has ---to put it like Trump----- a HUUUUUUGE loan out there! and the collateral is the, softly said, Kayole land in dispute. --But as we have seen, this was an irregular allocation. Of course part of Marble Arch itself sits on grabbed land, and this is the current spat between the billionaire and the governor, Sonko. Apart from professors at law, normal people know what an irregular allocation is. --We can see the details of how it is done in how the Weston came to be on KCAA land. And how Kulei and co grabbed part of Karura forest.

Now, the political economy is simple: the repossession of these plots is, think of the American banking scandal, the end of Kenyan banking as we know it! ANd who knows how much toxic land collaterals Kenyatta's banks has in its vaults!?

Neither will the president come clear on that. Could be due to conflicts of interests, could be due to another more innocent reason! it is none of the public's business.

In any case the political economy is self evident!

I rest my case!

FOOTNOTE:

Demolitions uncover colourful life of reclusive billionaire Mike Maina

Sunday December 23 2018



Marble Arch Hotel

Mr Maina’s Marble Arch Hotel which is said to occupy space for a grabbed a council toilet — an issue that was revisited this week when Nairobi Governor Mike Sonko threatened, albeit in an uncouth way, to reclaim the toilet land after Mr Maina destroyed several houses built on his land in Kayole. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP
In Summary

Mr Maina had hoped that without water and sewer system the properties developed on the Kayole land would be rendered useless.
He was also a key player in the attempted grabbing of Karura Forest.
For the last 10 years, he has been battling in courts to get back the Kayole land that he claims was occupied illegally.


By JOHN KAMAU

Read more: jukwaa.proboards.com/thread/1872/owns-land-blood-soil-issue?page=2#ixzz5e7EFuqGT

[jakaswanga]

THE MERRY GO ROUND FIGHTING CORRUPTION

A few days ago, the standard had a catchy headline:

DPP Haji to go for NYS banks management and board in Sh8 billion scandal

Otiato Guguyu : 08th Feb 2019

The banks in trouble are Standard Chartered Bank, Kenya Commercial Bank, Equity Bank, Diamond Trust Bank and Cooperative Bank.
Should the DPP approve the recommendations for prosecution, top bankers, including former Standard Chartered boss Lamin Manjang, Kenya Commercial Bank CEO Joshua Oigara, Equity Bank CEO James Mwangi, Diamond Trust Bank CEO Nasim Devji, and Cooperative Bank’s Gideon Muriuki could be dragged to court.

The DPP said that after investigations by the Central Bank of Kenya and the Directorate of Criminal Investigations, suspicious transactions had been identified.
Banks, under crime and money laundering laws, have a duty to report large transactions and, in this case, the DCI said they contravened their mandate by not reporting transactions that exceeded Sh1 million to the Financial Reporting Centre.

I read that Kenya Commercial Bank, and I sat up bolt upright. You know ever since I quit drink from hard to soft, my memory edges have increased on sharp! Goodbye premature senility and fish-basket holed grey matter! So I remembered quick, an unsatisfactorily resolved issue. And man, did I not use it to whip Njoroge's Opus-Dei-sewed ass.

KCB claims Central Bank of Kenya failed to act on intelligence about suspicious payments linked to NYS scandal

Paul Wafula 29th Sep 2018

From 2015 to August this year, the (KCB) bank had flagged and made 653 reports on suspicious transactions, among them the National Youth Service (NYS) transactions, but it has never received any feedback from the Central Bank of Kenya (CBK).

Read more: jukwaa.proboards.com/thread/9368/njoroge-politics-central-bank-imf?page=2#ixzz5euHQ2le3

september 29, 2018.

www.standardmedia.co.ke/article/2001297250/kcb-claims-central-bank-of-kenya-failed-to-act-on-intelligence-about-suspicious-payments-linked-to-nys-scandal

To throw the spanner in the works, KCB says the duty of ensuring the genuineness of the NYS transactions lay with the CBK. “It is important to note that all SWIFT inward transfers from NYS were received from the CBK accounts. The duty to ensure genuineness of inward SWIFT payments from NYS to KCB Bank customer accounts through CBK, rested with CBK as the remitter bank. This included primary responsibility for obtaining adequate documentation to support the transfers made,” KCB says in its detailed response to the CBK fighting off the penalty claims.
–---------------
In its inspection report, the CBK noted that the bank filed suspicious transaction reports (STRs) for the NYS-related accounts as early as 2016. But its crime was that it failed to report supplementary suspicious transactions in several accounts associated with the NYS scandal. Suspicious activities included receipt of multiple government payments, numerous cash transactions, transfer amongst related entities and directors, inadequate supporting documentation and split transactions.

2016 Everybody knew what everybody knew! Nobody in authority with the job to do so, wanted to follow up the criminal case.

Will Haji reason the buck stops by Njoroge!?

DPP Haji to go for NYS banks management and board in Sh8 billion scandal

Otiato Guguyu Posted on: 08th Feb 2019


Director of Public Prosecution (DPP) Noordin Haji (C) and Director of Criminal Investigation (DCI) George Kinoti (R) chat with the Senate Justice and Legal Affairs Committee Chairman Samson Cherargei after a committee meeting on the war against Corruption. [Boniface Okendo/Standard]


The bosses of top banks could be dragged to court in connection with the Sh1 billion detectives say was looted through five financial institutions involved in processing National Youth Service (NYS) payments.
After investigations into the NYS II scandal, which prosecutors say involved over Sh8 billion, the Director of Criminal Investigations has flagged suspect transactions in the five banks totalling over Sh1 billion and forwarded the files to the Director of Public Prosecutions (DPP).
DCI George Kinoti yesterday told The Standard he had recommended that criminal charges be levelled against the chief executives of the five major banks, an unprecedented move should DPP Noordin Haji, after perusal of the files, recommend their prosecution.
Named banks

SEE ALSO :Police to act fast on alerts, thanks to new call centre

Mr Haji yesterday said the DCI had recommended that charges be preferred against the banks, bank officials, individuals and entities “for concealing and facilitating, aiding, abetting and benefiting from proceeds of crime” and went ahead to name the banks and the improprieties investigations found.
Haji, in a statement yesterday, said he had constituted a team of senior prosecutors to independently review the respective files and make recommendations within 14 days.
The banks in trouble are Standard Chartered Bank, Kenya Commercial Bank, Equity Bank, Diamond Trust Bank and Cooperative Bank.

Should the DPP approve the recommendations for prosecution, top bankers, including former Standard Chartered boss Lamin Manjang, Kenya Commercial Bank CEO Joshua Oigara, Equity Bank CEO James Mwangi, Diamond Trust Bank CEO Nasim Devji, and Cooperative Bank’s Gideon Muriuki could be dragged to court.
Investigators want any administrator who breached corporate rules and regulations, signed any document or was part of any resolution that aided NYS suspects siphon the money arraigned.
SEE ALSO :Failed arrest fuels Kinoti, EACC war

The DPP said that after investigations by the Central Bank of Kenya and the Directorate of Criminal Investigations, suspicious transactions had been identified.
Banks, under crime and money laundering laws, have a duty to report large transactions and, in this case, the DCI said they contravened their mandate by not reporting transactions that exceeded Sh1 million to the Financial Reporting Centre.

Stanchart processed a total of Sh1.6 billion between January 2016 and April 2018 out of which Sh588 million was suspiciously transacted by bank officials without raising the alarm on their dubious nature, according to investigators.

KCB received Sh800 million and is in trouble over questionable transactions of Sh148.3 million. Equity Bank got Sh886 million but looked the other way over some transactions in Kenyan shillings and dollars.
“It was established that an amount of Sh264 million and $58,000 (Sh5.8 million) was suspiciously transacted by officials of the bank (Equity) in violation of the law,” Haji said.
SEE ALSO :Court freezes Ngiritas' assets in Sh465m case
DTB received Sh164 million, out of which Sh27.9 million was suspect while Cooperative Bank got Sh250 million out of which Sh25 million raised eyebrows.

Last year, the Central Bank of Kenya fined the five banks – KCB, Equity, Stanchart, Cooperative and DTB – Sh392.5 million for facilitating one of the country’s biggest frauds.
CBK had stated that the fines were based on the lenders’ failure to report large transactions that would have raised a red flag to relevant investigating authorities. The banks also seemed to have done little or no due diligence on the customers they handed cash to and sometimes handed over large sums of money without appropriate documentation. It was reported that some of the companies under investigation opened accounts a few hours before the NYS money was credited, which meant that insiders were aiding the suspects in the fraud.

In its defence, KCB stated that from 2015 to August this year, it flagged and made 653 reports on suspicious transactions, among them the NYS transactions, but it never received any feedback from CBK.
However, CBK said the lenders did not do enough to stop the looting and fined them for lapses in their systems.

SEE ALSO :Murgor pre-qualified to provide special legal services to DPP Haji

Penalty assessment

“CBK has reviewed each bank’s response to the penalty assessment and has concluded that the submissions were not sufficient to alter the findings of the investigations and the penalties assessed. Consequently, CBK has levied the penalties as assessed,” Governor Patrick Njoroge said.

Analysts have noted that once the scandal is dragged through the court process, banks will put up a spirited fight, which might also expose the underbelly of the regulator.

Now we will blame the judiciary again!?

FOOTNOTE

THE CARCASS FOR HOUNDS, AND THE HOUNDS BITING THEIR TAILS

www.nation.co.ke/news/I-have-never-met-my-accuser-Josephine-Kabura--Waiguru-says/-/1056/3078622/-/7onj2g/-/index.html

www.nation.co.ke/news/Waiguru-faked-NYS-arrests-and-charges/-/1056/3080058/-/arxgy3/-/index.html

Investigations, arrests and police raids in the Sh791 million NYS scandal were stage-managed stunts aimed at directing blame away from former Cabinet Secretary Anne Waiguru, according to damning court papers filed by businesswoman Josephine Kabura on Monday.

Ms Kabura claims she was warned of the raid by the Ethics and Anti-Corruption Commission well in advance by Mr Joseph Mugwanja, the head of the Banking Fraud Investigations Department of the Directorate of Criminal Investigations (DCI), and advised to remove any evidence from her home.

Even her arrest and detention at Kileleshwa Police Station on July 21, 2015, was fake.
She was arrested, taken to the police station, then driven home. In the morning, she was picked by a Mr Matapei Sautet and taken to the station so that it would appear she had spent the night there.
When she appeared in court on November 24, the man who was investigating the case, Mr Mugwanja “personally provided the bail money”, she claims.

PERVERSION OF JUSTICE

Read more: jukwaa.proboards.com/thread/9047/re-anne-waiguru-matriarch-town?page=4#ixzz5f2j7DPc4

Of course the lawyers will call DCI Kinoti to state where he was the days kina Mugwanja from the DCI service under Ndegwa Muhooro --Malaysia wont have him for ambassador citing rot---- were actively abetting and aiding these crimes of economy!

[jakaswanga]

ANATOMY OF MONEY LAUNDERING, NYS CHAPTER

20 bank officials face charges for laundering billions in NYS scam

Friday February 8 2019

In Summary

Mr Haji had instructed a group of special prosecutors to review the evidence the DCI gathered and recommend whether to charge all or just some of them.
The Central Bank of Kenya (CBK) has already fined the five lenders a total of Sh392 million for failing to report large transactions to the industry regulator.

By BRIAN WASUNA

Director of Criminal Investigations George Kinoti and his counterpart at the Office of the Director of Public Prosecutions Noordin Haji are considering prosecuting 20 senior officials in five banks, which they believe aided the laundering of at least Sh1 billion looted from the National Youth Service (NYS) between January 2016 and April last year.

Detectives believe senior officials at Standard Chartered, Kenya Commercial, Equity, Diamond Trust and Cooperative banks quietly allowed some of the key suspects in the Sh8 billion looting of the NYS to move large sums of money undetected.

Now Mr Kinoti wants Mr Haji to press charges against the banks and the 20 officials.

The DPP on Thursday announced that he had instructed a group of special prosecutors to review the evidence the DCI gathered and recommend whether to charge all or just some of them.

FINE

Mr Haji’s move is likely to shake the banking industry to the core as it could see several lenders and their officials charged in relation to one graft case.
Related Content

Uhuru signs law to clean up NYS
Senior supplies officer testifies in NYS case
'I made millions from selling cucumbers'
The woman who supplied air to NYS

The Central Bank of Kenya (CBK) has already fined the five lenders a total of Sh392 million for failing to report large transactions to the industry regulator.

A source at the DCI, who is close to the probe, yesterday told the Nation that Mr Haji had embedded prosecutors within a probe team comprising officers from other agencies, including CBK and Financial Reporting Centre (FRC).

The stealth movement of Sh1.054 billion, the DCI believes, was aimed at helping looters launder the funds and make a clean getaway.

The 20 senior officials now targeted for prosecution failed to inform the CBK and FRC of any transactions involving the transfer or withdrawal of Sh1 million or more, in line with the Proceeds of Crime and Anti-Money Laundering Act.

The Daily Nation is not revealing their identities for legal reasons.

MONEY LAUNDERING

Equity Bank is the hardest hit by the investigation as the DCI wants six of its senior officials charged alongside the lender.

The DCI is also targeting five officials from Standard Chartered, four from Diamond Trust, three from KCB and two from Cooperative Bank.

The banks and their officials have been accused of breaching sections 3b(iii), 11(1) and 10(2) of the Proceeds of Crime and Anti-Money Laundering Act.

Section 3b(iii) outlaws aiding of criminals to move money or other assets that are proceeds of crime, and the offence comes with a maximum 16-year jail sentence.

Section 11(1) puts on the spot banks that fail to monitor and report large or suspicious money transactions to the CBK and FRC.

Institutions that violate this law face fines of up to Sh2.5 million, while individuals could be fined and thrown in jail for up to seven years.

SUPPLIERS

Section 10(2) flags any individual or institution that gives false information to the CBK and FRC that could derail detection of money laundering. The crime incurs a fine of Sh1 million, a jail term of up to two years, or both.

Over 40 individuals and firms were last year charged with the theft of Sh468 million from the NYS after Mr Haji indicated that prosecution will be done in batches.

The scandal caused genuine firms huge losses after their supply contracts were duplicated and used to pay dubious individuals who had not delivered any goods or services to the state agency.

Among those charged are former Youth Principal Secretary Lilian Omollo, former NYS director-general Richard Ndubai, ex-senior deputy director Nicholas Ahere, former acting finance officer Willington Lubira, and former chief accountant Clement Murage. Several businessmen have also been charged over the scandal.

Standard Chartered received Sh1.628 billion that was paid to Firstling Supplies, Active Electrons Africa Limited, Flagstone Merchants Limited and Excella Supplies.

Businessman James Thuita Nderu and his estranged wife, Ms Yvonne Wanjiku Ngugi, own the four firms.

WELL-CONNECTED

Detectives flagged Sh558.58 million that was moved with the help of five Standard Chartered officials who did not alert CBK and FRC of the large transactions.

Cooperative Bank handled Sh250 million, which went to Sambeat Investments and former Kirinyaga Woman Representative Winnie Karimi Njuguna.

Our source described Ms Njuguna as “politically connected” but did not substantiate.

Of the Sh250 million, detectives flagged Sh25 million, which should have been reported to the CBK and FRC but was not.

Payments of Sh886.42 million were also made by the State Department for Public Service and Youth Affairs on behalf of NYS to Equity Bank.

Our source did not disclose who the beneficiaries were, but said the lender’s officials aided the movement of Sh264 million without reporting to the relevant authorities.

Another Sh800 million was wired to Kunjiwa Investments, Annwaw Enterprises, Jerrycathy Enterprises, Waluco Investments and Lucy Wambui Ngirita.

COLLABORATION

The four firms are owned by Ms Ngirita, her son Jeremiah, daughters Ann and Phyllis, and her daughter-in-law Catherine Mwai.

Diamond Trust Bank handled Sh164 million intended for Ms Omollo, Ms Ngugi, Advance Quick Fit and Jelly Merchants.

Detectives believe that close to Sh28 million of this was transacted suspiciously.

The Kenya Bankers Association yesterday said it was impressed by the seriousness with which its members had treated the NYS investigations. He promised continued collaboration with the investigating agencies.

“As signatories to the Code of Ethics for Business in Kenya, we are committed to working with the Government and other players in the fight against corruption,” the lobby said.

“While investigations of transactions undertaken by the NYS are in progress, we are pleased by the magnitude of effort with which our member banks are treating this exercise, recognising the industry implications, and look forward to a positive outcome.”

COMPLICIT

KCB Chief Executive Officer Joshua Oigara declined to comment on the matter, saying questions should be referred to the Kenya Bankers Association, “which speaks for all banks”.

Equity Bank General Manager Alex Muhia promised to respond to our questions but had not done so by the time we went to press.

In May last year, when this newspaper first revealed the identities of banks that had handled the NYS transactions, most of them declined to comment on a matter under investigation.

At the time, Diamond Trust Bank said it fulfils its prudence obligations in respect of all transactions.

Central Bank Governor Patrick Njoroge said the theft of NYS money through fake payment vouchers was aided by the banks “deliberately”.

He posed: “How else could you make a mistake on things that you are aware of?”

Last September, CBK said it was still monitoring another set of banks that could also be fined and its officials prosecuted.

[jakaswanga]

ATI DPP HAJI STOLE CASH AT GUN POINT!?

That is a story from an earlier life when he was 'intelligence'! (and with the right culprit, he could be a capo and a real go-getter, guns waving and all!)

The reels of information which relegate the business of government in this nation to an exercise in farce, is one reason why, I think, we comparatively doing just fine, given the current depressing state of international politics in the so-called established democracies. Consider that fella of France, the one being ridiculed as 'Guido' and whom the Italians called an empty-headed chatterbox; and, for the laughs, consider the Italians themselves and who they have in state house! Genuine comedians!

Uhuru Kenyatta looks divine by those standards.

Think of Teresa May, the female English bandit who last month, at the behest of Donald Trump, stole Venezuela's gold hoard.


The pro-Maduro protesters were chanting “Bank of England you’ve been told, give Venezuela back its gold” referencing the £1 billion in Venezuelan gold held in the Bank of England.

Anyway, May is so confused by this thing called Brexit, Supreme Juncker of the EU has opted thus: talking to a British ewe is a better pastime than talking to Teresa, unless the ewe is named Teresa!

This is the Junker David Cameron, Teresa May's predecessor, once derided as a 24/7 whiskey breath!And now, drunk as a fish, Herr Junker is still more coherent and clear-headed than a sober Mrs. May.

Looking at Teresa May's mess, Uhuru Kenyatta looks a steady hand on the ship of state. And imagine this is the clueless president who has effectively sacked all nurses in public service in Kenya, while hospitals in his backyard, Kiambu, are kind of infant extermination bays.

And say what you may, I really think Uhuru Kenyatta of Kenya is far the superior of Donald Trump of the USA. That one you can take to the bank. Imagine Donald Trump, who lost the popular vote to Hilary Clinton, and is therefore a 'rigged-in' usurper, went public with a call to Minnesota's Democratic (5th congressional District representative) Ilhan Omar to resign over, over what really!?

Next door, Museveni is going for yet another term, come the end of this one; Magafuli doesn't stomach opposition, and the rest are the rest! Here too, Ouru Kenyatta stands head over shoulders, managing to tower even over the flagpole tall Kagame!

And that takes into account the unsolved murders of Chris Musando, Jacob Juma and a few others. (women like Carol Mbungu, Mercy Keino and Sharon Otieno!)

But the idea is in Kenya we can laugh. At ourselves, publicly. We do not have to whisper what we think of anybody in power. We have smashed the fear ceiling. If William Ruto stole the land on which he constructed an illegal structure called the Weston Hotel, that is what we say he did. He is a thief.

If DPP Haji wont arrest him, the reason why is talked of openly. He is a very powerful thief and there are many of them. Big thieves have immunity in Kenya. Also they own the Judiciary. Either you arrest them all or none. If you arrest one, that is victimisation; and if it is only Ruto, that is tantamount to ruining his political career through the backdoor, and that is asking for an explosion in the Rift Valley!



In fact for all his dalliance with his new-found brother Raila, Quixote Ouru Kenyatta still has a big headache in William Ruto. Ruto made him president.



He can not jus turn around and utter the words of David Murage, like, there was no deal, there was no understanding like Uhuru Kumi, Ruto Kumi, Jubilee forever! Dissociating himself from this covenant is like diffusing a temperamental mine: hurt locking as b6k would say.


Here is such a Kenyan laugh, and aint it dark!?




Now on top of all these –---the woman forced to walk with a dead baby; the Kisumu woman given a dead baby instead of her bouncing one at Russia hospital (in a Huruma nursing Home repeat) and demanding an exhumation and a DNA test; Poor Boniface Murage stealing his own baby from hospital to avoid bills he can't pay, comes the DPP story.

Businessman testifies that DPP Noordin Haji stole Sh2m from him in anti-narcotics operation

Willis Oketch and Joachim Bwana Posted on: 19th Feb 2019

Stephen Vicker Mangira testified in a Mombasa court that Haji who was then an intelligence officer with the National Intelligence Service and several policemen raided the hotel on claims they were searching for drugs.

In an explosive affidavit filed at the High Court in Mombasa, Stephen Vicker Mangira claims Haji exercised illegal powers as an intelligence officer by purporting to arrest and search him without just cause months before becoming DPP last year by.

The businessman told the court Haji threatened him with a gun at Reef Hotel on February 11, 2017, when he accompanied police officers on a raid on his car.

SEE ALSO :Photos: CS Matiang’i inspects PSVs

Mangira’s lawyer Kinyua Kamunde told the court that Haji, not only broke the law but was also guilty of gross professional misconduct and should not prosecute his client’s case due to conflict of interest.
“I accuse Mr Noordin Haji and Hamisi Salim Masha of jointly stealing Sh2,100,000,” testified Mangira who also added that the future DPP “pointed a gun at my head and conducted a search on my person.”

For one, Tom Ojienda who has just been cleared to run for a JSC slot and who claimed Haji was out to get him, will permit himself a smile: Haji, do you know the meaning of integrity and do you a taste of your own medicine!? –-Hot air talk!

For the elite, everyday is a jovial stroll to the bank. No worries. But down here are snippets of real lives. And between the lines, read what the land really needs. And wont get from this lot.

City Hall has admitted that laxity and inefficiencies in operations at Mbagathi Hospital led a mother, Immaculate Auma, to trek with her dead baby all the way to City Mortuary.

The admission came on Monday after public outcry following reports in the dailies that Ms Auma was forced to walk from Mbagathi to the Kenyatta National Hospital (KNH) police post and later to the mortuary after the infant allegedly passed away at the facility.

Charles Kerich, Nairobi's acting health minister, said that the hospital's lack of a utility vehicle, the presence of security guards who were not vigilant and poor information flow forced the woman to walk.

Governor Mike Sonko on Tuesday offered Boniface Murage a job, the man who was arrested trying to smuggle his child from Kenyatta National Hospital over Sh56,000 pending bill.

Murage was on Tuesday arraigned before Nairobi magistrate Caroline Nzibe of Milimani Law Court over the offence and was handed a three-month suspended sentence.

Murage pleaded guilty to the offence saying he did not have money to offset the huge bill.
The Sh56,000 bill was paid on Monday by a good samaritan while the Sonko Rescue Team also took Murage's wife shopping for all the required baby products.

SEE ALSO :Sakaja takes on Sonko, appeals matatu ban

On Tuesday morning, as Murage was being released from custody, Sonko delivered the good news from United States where he is attending the UN conference in New York that he will be employed at the county government.

"This is to notify you (Boniface Murage) that you have been offered a job at Nairobi's Environment Department," a letter from Sonko read in part.
Sonko has directed Murage to report to his office immediately.
Meanwhile, Sonko has also instructed his team to pay legendary footballer Joe Kadenge a visit in hospital.
Sonko directed his team to offer Kadenge any assistance needed and ensure he gets quality medical attention in order to boost his recovery.

Hospital hands wrong mother a dead baby minutes after delivery

Akello Odenyo Posted on: 18th Apr 2018


A woman was stunned when she was told she had a stillbirth, only for her baby to be brought to her following furious protests.

This is the situation Lydia Kiluma found herself in after a delivery through Caesarean section at Huruma Nursing Home in Nairobi.

After she gave birth to a bouncing baby boy, the doctors took her baby to clean him. But what was brought back was the body of a dead child, wrapped in leso and placed in a box.
“When I went into the room where my sister was after hours of waiting, I found Lydia lying alone on her bed, still unconscious. There were three doctors in the room and I asked them where the baby was,” said Lydia's sister Sharon Kiluma.

SEE ALSO :Referral hospital in Rift hit by blood shortage

Sharon said she fainted when one of the doctor’s informed her that her sister had a stillbirth.
“The doctor told me he was sorry that my sister had a stillbirth. He showed me the box with a dead baby inside. I was shocked to the point I fainted immediately.”
When she regained consciousness, Sharon says she confronted the doctors, asserting that the dead baby could not be her sister’s.

"I could not understand how they asked me to go buy diapers for the child yet it was stillborn. In fact, one of the nurses in charge came down to the reception and took the diapers. Were they taking them to a dead baby? I insisted that the dead child was not Lydia’s,” said Sharon.
However, after the argument with hospital staff started to draw attention, Sharon said one of the doctors went into the nursery and brought another baby, wrapped in the covers Sharon had bought for her sister.
SEE ALSO :New focus on referral chain for hospitals
“In a span of less than five minutes the doctor had brought the child, alive and wrapped in the covers that I had bought, saying it was a mix-up,” she recounted.
When we spoke to Lydia by phone after the hospital security stopped anyone from visiting her, she expressed fear about remaining in the hospital after the incident.
“I was not aware of what transpired until my sister told me about it. During the operation, my entire body was numbed therefore I did not see or feel anything. I am not sure I’ll be safe staying here anymore,” she said in a frail voice.

[jakaswanga]

WHY NO FORENSIC AUDIT IS WHY MURKOMEM'S CHARGE IS TRUE


'Kabla hajafanya investigation, DCI Kinoti anatuma SMS kwa media! Awache upuzi!'

Of course cab-sec Rotich of finance has been singing like a canary, and frogs in the frying pot feel the rise in temperature.

Right, more about why frogs jump up and down around the country with increased frenzy these days, later.

HISTORY AND CULTURE

I said, when fresh soldiers being commissioned to face dread combat out there where the enemy holds sway, don't pay respects to the greatest swordsmen ever to have served in the suicide regiment, one gotta ask how true their honour is, yeah, how real their measure of warrior is. You see, when you do a DAMNATIO MEMORAE on your brightest and best (serviceman), you must be essentially a cheat, a gamer. Easy litmus test.

That is the way of Culture. It is better to re-write history, like Stalin to discredit Leon Trotsky, than to pretend a character didn't exist at all, like Thutmoses III's historical drive to erase Hatshepsut from the collective memory forever. That brings me to .....

THE 'JOHN GITHONG'O DITCH'

That is the way I wan to officially refer to this cultural oddity of our time. I am of course winking at the Hatshepsut Problem so denoted. For the laymen

Why Was Pharaoh Hatshepsut's Reign Virtually Erased From History?

Pharaoh Hatshepsut was a remarkable female who was just as successful as strong. Yet, for some reason she seems to have been deliberately forgotten.
Hatshepsut was the fifth pharaoh of the Eighteenth dynasty of Egypt. Hatshepsut came to the throne of Egypt in 1478 BC.

Officially, she ruled jointly with Thutmose III who had ascended to the throne as a child one year earlier. This was a time of prosperity and dominance for Egypt.

I am saying Kenyan Culture is charged to explain the DAMNATIO MEMORAE accorded John Githong'o, the only serviceman to have put a DEPTH CHARGE to the anti-corruption office.

(We know the list of garbage before and since him: Ringera Kinisu, Matemu, Lumumba and on and on)

I am sorry, but I working from the premise Haji&Kinoti wouldn't know what DITCH I am talking about, so they are excused from this effort.

(Lakini sisi tutaendelea tu na safari ya mafikira. This sentence reminds me to a song we used to sing much, along, back in them days in Dar. ---MV MAPENZI by DDC Mlimani Park Orchestra. The original title of the song is actually SAUDA. But it goes into history and folklore as Mv Mapenzi.) The laughing and warm-voiced Muhiddin Ngurumo and Cosmas Tobias goes high, nearly shrill in pitch before he releases the charge as he goes solo to tell us of the dangers of the LOVE-BOAT.

Duniani kuna mambo, sawasawa na bahari-iiii
Kwenye papa na nyangumi, tena wale wa hatari-ii
Hawataki kuiona, Meli yetu Baharini-iii
Watafanya kila wawezavyo, wapunguze safari-iii (Sauda ooo).

In that song, the captain was a coward and allegedly threw himself overboard when the ship hit heavy weather, leaving NAHODHA MZAIDIZI, co-navigator, to report to control of the unfortunate incident. The ship then blares a horn-blast to declare they are speeding on, and not searching further for the assumed-dead captain. --Those of us who chanced to see Michael Enock blow the sax on this track, learnt to absorb the dark sadness of a ship sailing away leaving behind perhaps a man not yet dead in the high seas. That is why a live performance of the song was a trying session when the band was fired. Most never held it dry. The saxophonist made sure the audience touched base with the black slaves thrown overboard from dhows for whatever reason. -----Just kidding!
It is just another popular track from the famous TZ band.

Anyway the point I wanted to make is: as we wrestle-on with Kenyan culture, as we try to explain the official need to erase John Githong'o from the history of the anti-corruption wars, we wont look back at minds and memories collapsed for whatever reason. For there remains many more active ones, because our culture is alive and well dynamic. Thence do I propose to let Kinoti&Haji enjoy the bliss of their ignorance, as they purport to discover the wheel all-over again. And if I said Kinoti&Haji, I surely meant the Handshake duo, Raila&Uhuru.

Githong'o is (CONVENIENTLY) not in their BUILDING-BRIDGES-TEAM. But you can trust Luo culture to have rubbed it in in the soul of Dr. Adams Oloo, member thereof:
'Ajuoga, ugo gagi udile, tuoche-wa gogo. To manyasi mochiek, ma e kende ma wang'eyo nyakanene, to upuko oko te! Un waganga bandia!?'

O brainy Adams, aint thy a God's peer in counsel
Thee divineth futures to rid us of these our ills
Yet how come the antidote that always worked best
Is the baby that out went with the bath-tub forever?

One of the most hard-fought skirmishes on the battlefields of academe was waged around the turn of the last century on the Hatshepsut question. Let not the unwary reader be misled as to the nature of the question. The problem in Egyptological minds was not why Hatshepsut did what she did, or how she got away with it; it was basically a problem of what happened, and when.

The Hatshepsut problem disturbed minds over 3 millennia later! I don't think Kenya has to wait that long for the Githong'o ditch to explode their travelling bliss.

#FOOTNOTE## Yesterday I heard Kipchumba Murkomem demand the DCI's office should be independent! O!? He only woke up to the realisation it was partisan yesterday, when Kinoti questioned Henry Rotich for three full days, and the finance minister sang like a canary (as they say in Sicily when a Mafia operative co-operates with the investigation and sentences his family to death, revenge by his former criminal associates!).

The thing is, if Kinoti and Haji were to produce a forensic document, impeccable, a detailed documentation availed to all, both accused and defrauded, like the Kroll report, nobody would accuse them of partisanship,monkey-business, witchhunts and secret agendas. They would be what Ceasar demanded of his wife in that fabled pant-sniffing scene. Thus, beyond reproach, Haji&Kinoti would just have to go like John Githong'o. We would have in the open, all the bank accounts, names of holders and amounts wired in-and-out to who and where and when. The chronology and proofed facts would have the authority to nail the thieves beyond what a consigliere, be it a crafty Ojienda or a Grandmullah, can argue away or bend a bendable Judge with. So Kidero would already be serving 50 years and Rotich waiting in Kamiti for his 75 year sentence.

But that can't happen and wont happen. The work done has been mediocre, likely by design. So every Tom Dick and Harry so to speak, Otieno Kamau and Mutiso, or every contaminated and compromised Simiyu arap Nani and Ole Nani, can rise up and, foul-mouthed at the President and his lame-duck Handhske, pour vitriol and contempt and urine and feaces on the offices of the sheriff duo, Kinoti&Haji.

Kinoti and Haji, they never heard of John Githong'o. Culturally speaking, I repeat, regiments have history and honour, and new recruits of no double agendas must pay homage to those who went before them and held the sword and banner of the regiment highest. Githong'o did the anti-corruption banner.

Kinoti and Haji never heard of him, officially at least.

That is how I know Kinoti and Haji are fakes. They are too partisan to commission a total forensic and no-holes barred audit of state finances. What then remains is a selective process of political manipulation. That is an open secret.

Certified thieves know this. The cartel recognises this. That is why they dare the sheriffs, insult the president while their saint patron, the King of Graft himself, William Ruto, daily trashes Ouru's brother in the Handshake, Raila. Santa Ruto preaches Agwambo is the devil himself; a conman, a lord of poverty ... a chuki-infested failure, and the whole litany of 2017 stupidities Uhuruto saturated the nation with during the presidential campaigns they lost, but won as computer-vifaranga legitimacy.

(So, I revisit the Handshake --Next.)

###FOOTNOTE:



'Kabla hajafanya investigation, DCI Kinoti anatuma SMS kwa media!'

Is Murkomem wrong!?

I don't recall Kinoti&Haji's KROLL REPORT presented to Wanjiku!?

Haji's comical appearance before Jeff, who I dubb the national ABUBUNAWASI, didn't inspire confidence. His greatest moment of comedy was the revelation Kikuyus are the greatest thieves in Kenya! Followed by Luos!

I felt Jeff asking him in the break. These statistics mean Uhuru is a bigger thief than Ruto, and Raila too, Luos being second in the list of infamy, a bigger thief than Ruto? Or how do you break it down at the top!?

Stop being ghasia, Haji. Go to work. Arbeit! Arbeit! Arbeit! Look up to Githong'o. Better be sacked for doing your work! (Just kidding! A man must know which side of his bread is the butter!)

THE HANDSHAKE

[jakaswanga]

THE HANDSHAKE IS STUCK! IT DEGENERATES INTO A RAILA-RUTO UFC-RING

THE HANDSHAKE

I am thinking of the The Handshake! there is something rotten about it. Just don't know what!?

The Handshake is all very hushhush you know! Furtive and a thing of the dark, kind of; kind of a private affair to be marketed as a collective good. It occurred to me it is important to be on the look out for cultural assimilations, readings, mappings thereof, if any.

I thought of the Handshake, I wandered around, if perchance I behold, any complicated songs about it, or, pray tell, Soyinkan-like riddles around it ..... Otherwise its profoundness must be doubted, culturally speaking.

Read more: jukwaa.proboards.com/thread/9661/saving-candidate-ruto-gini-gisekawo#ixzz5iGRE2hiM

But here is some profound doubt expressed about the custodians of the handshake, our political elite

Kikuyu musician Muigai wa Njoroge is not new to controversy. He has ruffled political feathers with the release of his music video Mbari ya Kimendero (The Greedy), which has gone viral.
Muigai calls men in power "dinosaurs" and "corrupt leaders who are working day and night to make sure the water (services) will not reach Wanjiku".
Some say he may be taking a jab at the current top office holders after a slew of corruption cases hit the headlines.
The scathing political song highlights Kenya's poor leadership.

...

I have an idea what is rotten about The Handshake. This unease is the discomfort of a Doubting Sheep. Sheep may be stupid, may be among some of the most stupid things alive, but when in a herd, and determined to behave such, sheep cease to be stupid. Truly stupidity requires a bit of brain, for stupidity is a measurement of brain at work; in this case, very low. But sheep in a herd are totally brainless. So the question of stupidity does not arise. There is NO brain activity to measure, define, characterise.

You feel me!

Well, howbeit I am sheepish enough to think, wait a minute, I am trusting my fate once again to Mighty Hyenas. Those Hyenas are competing Wolves for my hand. They are promising me and the herd, deliverance (to Canaan for instance). Hmmm, I have a hunch if I don't watch it, I will attend the banquet yes, but as the bride of a knife. I will be the BBQ, served well-done and inviting all to be transformed into a messy pile of sh!t, come the morning after.

No, together with many other Kenyans, our sheepish brains have refused to go totally brainless. No doubt we suffer bouts of brainless herd-behaviour, but these are invariably corrected quick by the stabbing tips of a barbed life. Our instincts are sharp, therefore, doubting Tom, always, patient and plotting a ram, or head butt. It is not just the elite playing possum games, the people too are a poker hand. (This is how I explain how a fabled tyranny of numbers ended up being a 35% electoral turn-out, which to all practical purposes declared the Jubilee regime, illegitimate: LEGAL but illegitimate (like the apartheid regime once). That is a poisoned chalice of a political problem. It is where the Handshake comes from. The Handshake is a dirty plaster on a deep wound).

ELSEWHERE, JOSEPH KINYUA, THEN DE FACTO PRIME MINISTER

The Grand Coalition government forced upon Mwai Kibaki after his rigging was cumbersome. The presidency, the Vice Presidency and the Prime Minister's office, all occupied and pre-occupied with presidential ambitions was a very unwieldy apex. And then there was the Chief Cabinet Secretary Francis Muthaura. He tried to run the bureaucracy like he was the head of government, further throwing a spanner in the works.

That particular mess was curtailed somehow with the advent of Jubilee. There was a consolidation, a better streamlining of operations. While the ICC-twins played their co-joined act and busied themselves with elementary survival, Ouru Kenyatta's long-time-confidante Joseph Kinyua could emerge into the vacuum to run the bureaucracy he wanted. ---A totally rotten one. The last chapter may never be written on just how toxic Kinyua has been. (I am only using the statistics of the PUBLICLY AVAILABLE financial scandals under his watch: calculated as a %tage of GDP, and then of total government debt.

The rot is deep, bone-marrow deep, a cancerous epidemic of metastasis.


Methinks the transfer of (cash from) state loans directly to the Cartel Loop, whilst leaving the public to pay up the debt, will only be corrected by a massive re-nationalisation of those proceeds so primitively accumulated, and backdated. That will say, the current TOY, mock or kalongolongo ASSETS RECOVERY AND FREEZING template operated by the EACC, becomes weaponised for real.

The predators allied to The Hustler are currently in all states of hysteria bemoaning the weaponisation and politicisation of the war on corruption, I don't think they have sat down to have a think on what WEAPONISATION of the war on graft really means, when effected. For example, on something as small as the Weston Hotel land saga, what would go!?

Me? I have been busy at Sudoku. Sudoku is a tedious but enjoyable process like seduction. And they ever get progressively complex. The clues are there, open and visible figures, but one has to fathom the relationship and discover the system connecting the whole puzzle.


-----So, what is this banking turbulence in Nairobi all about?

But first, Joseph Kinyua, his Excellency the Prime Minister. (We called his predecessor Raila Excellency, so the title to Kinyua too!)

Read more: jukwaa.proboards.com/thread/9494/options-kenyas-minister-joseph-kinyua#ixzz5iPG5topm

I have earlier taken options on this man Joseph. Earlier at a period when he was not yet the PM of Kenya. I wish I would say 'taken exception'. Alas, they are options. Options, outside punishment, are a set of purely academic questions I throw at experts and expect them to give me well-reasoned, thought-out responses. We then can argue different theoretical premises, wrestling with the puzzle. It is a mental game the initiated are suppose to enjoy, an interdepartmental form of Sudoku
------------
Anyway, such a senior head-cracking bout of sudoku set-up could be something like this:

Question: Amigo Sir, given your understanding of state bureaucracies in post-colonial Africa, and your specialisation in the Kenyan post-colonial state, especially the way her finances work, do you think it plausible that the budgetary computer errors which finance minister Uhuru Kenyatta announced, could have passed all the check-points and proof-readership of all the relevant professionals in the treasury department? What is the protocol, at least officially, at the ministry for fact-checking sheets before they are availed as facts to the minister to report on officially? Who is it who most likely slept on the job?

After a back and forth of haggling over the price and quality of whiskey I would pay for that consultancy, some kind of answer then comes through. One considered and articulate. That goes a long way to aid the conversion of every cheap into a dead shot.

Such a question was the genesis of my option on Joseph Kinyua. Sudoku. The expert answered point blank. 'You may want to take a look at Joseph Kinyua. He is the best shot I got at a clue!' That response costed me two bottles of damn good scotch!

Though not an inner Kibaki groupie –--which would allow him to easily merge with the rising Uhuru Kenyatta wing which the old and posh Gikuyu gentrifieds found uncouth and messy eaters, Joseph Kinyua was a kind of permanent, permanent secretary at the ministry of finance. Kind of, to understate the case as it was.

FF: ONE STEP BACK, BUT JUST BEHIND THE NEW PM, MATIANG'I

Next to Ouru Kenyatta is still Joseph Kinyua. Kinyua is the Mugumo tree of Graft. You can not cut him down with razors like DPP Haji. Joseph Kinyua has taken one step back from the limelight to allow Fred Maatiang'i to take centre stage, but merely because of his age. Otherwise he retains his deep influence. It is not a demotion, just a well-deserved rest after a stellar performance of brief, however it was defined. Joseph is the guy who hunted talents like the DGI, Philip Kameru, and I don't see tails starting to wag dogs in this country.

Lets consider a few names: Ben Chumo, Githinji Nelson, Nathan Ndubai, Philip Kinisu, Haraqe Haqo. They all passed through a vetting process officially meant to decant scum. There was however a curiosity soon to become a national joke on the appointing authority, Uhuru Kenyatta. How come only the crooked came on top! Only scumbags passed!?

The process had been rigged such that only those who would fail THE CHAPTER SIX TEST, could come on top!

Read more: jukwaa.proboards.com/thread/9660/kenyas-joshua-canaan-nightmare#ixzz5iPIkdX2Z

When Fred Matiang'i, academic doc, a former lecturer, faculty dean and minister for education blatantly described (public interests defender number one) Okiya Omtahtah as EVIL, the obituary of intellectual life in government could safely be written.

Imagine the point here has to date not yet been imported by Dr. Fred. I say for small men, even small power corrupts absolutely!

Prime Minister Joseph Kinyua at his best days, operated algorithms of an appointment process which only brought rotten outcomes to the top. And that LEGACY has caught up with Ouru Kenyatta in his last stretch. That beggars the question whether the son of Jomo is really honest about being remembered for something positive. It is too much to think he just slept through his first term; that he can be exonerated from the financial mess which has now matured into a full-blown political crisis.

The Raila-Ruto spat puts paid to the synergy which could have been the Handshake's best consequence. The Handshake sure purified the air of one poison, correcting the imbalance of Jubilee's illegitimacy. It adopted an inclusive punch-line; but no sooner was the tension evaporated than the short memories of the predators switched back to default: criminal greed, impunity and stupidity.

That begs for stronger medicine. (which means we must explain why, political economically or culturally, despite his repute as NO NONSENSE MAN, the new prime minister Matiang'i is singularly absent from the corruption sword-fight!)

(ABSENT: is, culturally speaking, a CHINUA ACHEBE 'grin-word') WTF!

Meanwhile the country is back at default too: a debt-ridden banana case of a cartel-controlled Graft republic digging all the deeper in its ditch. Everything which is not a solution goes. The gloves are off in private. But the public space is still a mixture, of war and sport.

Here is an example of sport, next:

A KINOTI FOOTNOTE WHICH TELLS IT ALL

[jakaswanga]

A KINOTI FOOTNOTE WHICH TELLS IT ALL

First this oddity. The following quote was taken from the Nairobi Star reporting on the case, when musician Muigai wa Njoroge was arrested. When the scandal of the PHANTOM DAMS broke, a memory cell beeped in my mind and I went to inquire what was the trouble. I found it.

Kikuyu musician Muigai wa Njoroge is not new to controversy. He has ruffled political feathers with the release of his music video Mbari ya Kimendero (The Greedy), which has gone viral.
Muigai calls men in power "dinosaurs" and "corrupt leaders who are working day and night to make sure the water (services) will not reach Wanjiku".

Some say he may be taking a jab at the current top office holders after a slew of corruption cases hit the headlines.
The scathing political song highlights Kenya's poor leadership.

There is that quote, long before the phantom dams story broke: WORKING DAY AND NIGHT TO MAKE SURE THE WATER (SERVICES) WILL NOT REACH WANJIKU!

Wa! he sure did ruffle feathers!

GO-DA-MN! The men of the Kerio Valley Development Authority, Ministry of Water and the Treasury, travelling between Nairobi-Rome-London, sure did work hard to make sure WATER WILL NOT REACH WANJIKU! The water evaporated to their bank accounts, or, following CBK Njoroge's forms which demand pages of explanations for a ksh.50K transaction from merry-go-round police saccos, they slept on in. For the dam-funds stashed their matresses full. (that is called sleeping on cash! on a bed of profit!)

Perhaps DCI Kinoti could show the sophistication of a developed conscience in this case. Such would have the dare to publicly APOLOGISE for the harassment which was bemeted the musician by the forces of law and order --under the banner HATE SPEECH! But for sooth that musician did hit the nail on the head, didn't he, on that line!? (uncannily pirate versions of the video identified William Ruto as the man blocking the water from reaching Wanjiku!)

KINOTI'S STRAIGHT JACKET

DCI George Kinoti is in a straight jacket, a leash so to speak. He will only nose-in where he is pointed, and even then, only so far. The man is on record as having failed to make an arrest when he was offered 700M cash as a bribe at a roadside hotel somewhere in Mount Kenya. Also, he didn't confiscate the cash he says. In my books that is not a top copper, than is an owned man, or dog-whistled man.

The story is so juicy, it is worthwhile to re-read a copy

Corrupt government officials offered me KSh 700 million bribe to go slow - DCI boss Kinoti

----- Kinoti revealed the powerful individuals wanted him to manipulate evidence against them
----- He said they lured him to a posh hotel in Kiambu and offered him money in the first incident
---- - Later, another group secured a meeting at his office and offered him KSh 200 million


The Director of Criminal Investigations (DCI) George Kinoti on Friday, August 10, sensationally claimed some powerful individuals involved in some corruption scandals attempted to bribe him. Kinoti said the unnamed persons approached him so that he could manipulate and doctor evidence against them in the ongoing corruption purge targeting suspects of economic crimes.

I commented on it when the story broke, so I will leave it at that. But it could also look like a police dog shaking his head at the offered bone in rejection. Not juicy enough. Better offers please.

I rejected Sh500m bribe, claims Kinoti

DCI director confirms a group of graft suspects tried in vain to compromise him

Seth Onyango August 10, 2018

The Director of Criminal Investigations (DCI) George Kinoti claims he turned down Sh500 million bribe meant to manipulate evidence linking top State officials to corruption scandals.
He told People Daily that, indeed, some suspects in the ongoing graft purge had made several unsuccessful attempts to compromise him.

Sources say a clique of powerful individuals with deep pockets ─ believed to be proceeds of corrupt deals, lured Kinoti to a luxury hotel in Kiambu and offered him the cash.
At the centre of the bribery attempt is an MP who is close to Kinoti is understood to have organised the meeting where the offer would be made.

But when the DCI arrived at the venue of the meeting, he realised there was a hidden agenda because most of the people he had been investigating were present.
One of the suspects is said to have pleaded with him to drop the investigations before placing a briefcase stashed with stacks of US dollars on the table.

Awkward position

Kinoti was told the Sh500 million had been converted to US dollars ($ 5 million) to make it portable. $5 million is 50,000 $100 notes.

It is at this point that Kinoti stormed out of the meeting leaving the bewildered suspects behind.
The incident occurred at a time the DCI was investigating alleged corruption at the Kenya Power and Lighting Company (KPLC), Kenya Pipeline Company (KPC), Kenya Bureau of Standards (Kebs) and the National Youth Service (NYS).

Yesterday, Kinoti confirmed the incident, which he said took place about six weeks ago, to People Daily.
"I found myself in an awkward position but I decided to leave it at that. But this should serve a warning to others with such thinking that next time, they would be arrested," said Kinoti.

Eh! that is my top copper!

[jakaswanga]

LET US READ ....

Mar 17, 2019 11:49:59 GMT 3 jakaswanga said:

A KINOTI FOOTNOTE WHICH TELLS IT ALL

Corrupt government officials offered me KSh 700 million bribe to go slow - DCI boss Kinoti

----- Kinoti revealed the powerful individuals wanted him to manipulate evidence against them
----- He said they lured him to a posh hotel in Kiambu and offered him money in the first incident
---- - Later, another group secured a meeting at his office and offered him KSh 200 million


The Director of Criminal Investigations (DCI) George Kinoti on Friday, August 10, sensationally claimed some powerful individuals involved in some corruption scandals attempted to bribe him. Kinoti said the unnamed persons approached him so that he could manipulate and doctor evidence against them in the ongoing corruption purge targeting suspects of economic crimes.

I commented on it when the story broke, so I will leave it at that. But it could also look like a police dog shaking his head at the offered bone in rejection. Not juicy enough. Better offers please.

I rejected Sh500m bribe, claims Kinoti

DCI director confirms a group of graft suspects tried in vain to compromise him

Seth Onyango August 10, 2018

The Director of Criminal Investigations (DCI) George Kinoti claims he turned down Sh500 million bribe meant to manipulate evidence linking top State officials to corruption scandals.
He told People Daily that, indeed, some suspects in the ongoing graft purge had made several unsuccessful attempts to compromise him.

Sources say a clique of powerful individuals with deep pockets ─ believed to be proceeds of corrupt deals, lured Kinoti to a luxury hotel in Kiambu and offered him the cash.
At the centre of the bribery attempt is an MP who is close to Kinoti is understood to have organised the meeting where the offer would be made.

But when the DCI arrived at the venue of the meeting, he realised there was a hidden agenda because most of the people he had been investigating were present.

One of the suspects is said to have pleaded with him to drop the investigations before placing a briefcase stashed with stacks of US dollars on the table.

Awkward position

Kinoti was told the Sh500 million had been converted to US dollars ($ 5 million) to make it portable. $5 million is 50,000 $100 notes.

It is at this point that Kinoti stormed out of the meeting leaving the bewildered suspects behind.
The incident occurred at a time the DCI was investigating alleged corruption at the Kenya Power and Lighting Company (KPLC), Kenya Pipeline Company (KPC), Kenya Bureau of Standards (Kebs) and the National Youth Service (NYS).

Yesterday, Kinoti confirmed the incident, which he said took place about six weeks ago, to People Daily.

"I found myself in an awkward position but I decided to leave it at that. But this should serve a warning to others with such thinking that next time, they would be arrested," said Kinoti.

Eh! that is my top copper!

AND NOW LET US COMPARE NOTES

Same republic, same war on graft!

Man jailed for eight years for bribing cop with Sh2,000

Nehemiah Okwembah 29th Mar 2019



Joseph Charo Dzombo in the docks.


A Malindi Court has jailed a man for eight years for bribing a  police officer with Sh2,000 to secure the release of a drug trafficker.
 
Malindi Senior Principal Magistrate Silvia Wewa found Joseph Charo Dzombo (pictured) guilty of the offence, a crime he committed on January 10, 2016, at Matsangoni roadblock along the Mombasa- Malindi highway, Kilifi County.

“We find that the accused was trying to abuse the trust bestowed by the people on the public officers who were on duty, the accused person was abusing that trust that the other members of the public have bestowed on them,” she said.

The court heard that Dzombo tried to bribe Police Constable Obed Munyao to secure the release of Dennis Odhiambo Sundia who had been arrested for being in possession of 200 rolls of bhang.

SEE ALSO :Anti-corruption officers seize policeman

According to the charge sheet, Dzombo had committed the crime of corruptly offering a benefit contrary to section 39(3)(b) as read with section 48(1) of the Anti-Corruption and economic crimes act no. 3 of 2003 which he denied on January 15, 2016.

In mitigation, Dzombo said that he did not know that Odhiambo had been arrested with rolls of bhang and appealed for leniency.

“The maximum fine is not supposed to exceed Sh1 million and the maximum penalty is not supposed to be more than ten years but because he is a family man who is depended upon and he is a first offender he pays a fine of Sh500,000 in default serve eight years imprisonment,” the judge ruled.

Now surely DCI Kinoti, what do you think a bit of common sense figures you out for!?

No, you didn't make an arrest, did ya! top copper!

And No, you wouldn't have dared even think of it, looking at the man or men offering you NGIRITA-LIKE OR KABURA-LIKE NYS SUITCASES FULL OF LOOT from the CBK, ALL IN INTERNATIONAL RESERVE CURRENCIES!

This is why thee top copper is being told by those in the know to stick to petty criminals, like JOSEPH CHARO DZOMBO!

HMMMM this phrase miscarriage of Justice .....

[jakaswanga]

KIDOGO KIDOGO HUJASA KIBABA AND THE PACE OF SNAILS


Britain High Commissioner Nic Hailey (r) explains a point as Director of Public Prosecutions (DPP) Noordin Haji and his UK counterpart Max Hill DPP of England and Wales as they responded to media questions at a press conference in Serena Hotel. [Jenipher Wachie/Standard]

TAKING THE FIGHT TO CORRUPTION? ASK FOR HELP, HAJI!

Lay the ghost of sir John to rest, Haji.
First a scorch book audit of the treasury!

The anti corruption fight is a financial issue. Money. The moral aspect is cultural and beyond the brief of the DPP. And the way the Kenyan Church is corrupted, meseems ethics is beyond the brief of religion and God too.

Read more: jukwaa.proboards.com/thread/9655/hot-seat-dpp-noordin-haji?page=1#ixzz5lk0Qi2jT

That reduces the fight to cash terms only. The choice warriors are to follow the money, corner the thieves, and the rest is Dandora Heszy if Kenya may!

Money, Big Money, leaves a trail. Looting is like a murder scene. The rest is nerve. The careful detective at work will find the clues to nail the killer or killers.

You know the criminal literature of a rising class, like the bourgeois. These narratives are the rise of the detectives who always get their man.

You heard of Sherlock Holmes I suppose.

Even if by clairvoyance, no murder riddle he couldn't solve. That is the propaganda of a confident class, flaunting the invinsible faculties of their arm of the law! There's also the romantically unbeatable James Bond of course. 007 is ever on her majesty's secret service, pumping puszy and licensed to kill for it. Of course things change, doubts settle in, and once mighty classes decay and crumble, and the nations they rode to historical glory, along with them. Therefore today, thinking of the Brexit mess and the likes of the mess Teresa May, un unbeatable James Bond would surely have to be in the heroic mode of Don Quixote. A nostalgic sad joke but a good read!

Our predatory parasites bustling in a feeding frenzy at the treasury are of course not of the confidence to flaunt diligence in the science of investigating anything! No, not even for the romantics!

I am telling you this, because I want to justify to you this: better late than never. There is a problem with DPP Haji, and you know it. Warriors who roar they are on it, fighting graft in Kenya, but do no forensic audits of state finances, retain the odour of a joker around them. (think of a eunach performing a (Maori like) HAKA before a nymphomaniac! a nice touch of comedy before the mother of all fold ups!)

We know our jokers, because we have the historical memory of John Githong'o and his Kroll roll outs. DPP Haji is therefore, in his refusal to accredit the historical memory of Kenya, a slow learner or, truth be said, more of that fabled donkey you took to the lake but you couldn't force to drink.

---well, surprise surprise, our donkey has been sniffing the water! and that is good cheer during this period of low spirits. There are no fireworks in the courtrooms as lawyers show top wit in defence of and in attempts to nail down the high priest of corruption. It is all rather quiet at the Legal front. WHY!?

A man gotta shout HELP!

Here is what I mean

UK detectives to help probe Sh21bn Arror, Kimwarer dams scam

Friday April 19 2019


By ANITA CHEPKOECH

The British government has seconded its detectives to probe the Sh21 billion Arror and Kimwarer dams scandal.

Director of Public Prosecutions Noordin Haji made the revelation Thursday during a joint press conference with the Director of Public Prosecutions for England and Wales, Mr Max Hill, at Serena Hotel in Nairobi.
"The dam cases are still under investigation. We have asked the British government to help us. They will help us to conclude the case," said Mr Haji, adding that other jurisdictions are also involved.
Mr Hill, a Queen's Counsel, arrived in the country on a mission to strengthen cooperation with ODPP in the fight against corruption, which impoverishes those who need the government's assistance most while enriching criminals.

HMMM a bit late in the day. And all very low key. Shows you how incertain the likes of Haji are.

UK's public prosecutor in Kenya to help in corruption probe

Cyrus Ombati 18th Apr 2019

British High Commission to Kenya Nic Hailey said Hill is in Nairobi to discuss UK support to Kenya"s fight against corruption.
"Where people are hiding money in the UK, or where we can help convict the corrupt in Kenya, we will give every possible support," he said.
He called on those mentioned in corruption issues to step aside until they are cleared by authorities.
This will help in investigations and ensure there is no evidence tampering, he added
Haji said the CPS' office is helping in financial tracing of corrupt money and especially that which is hidden in UK.
"They have assisted in all cases that we have asked them. Those that are in public and private domain," he said.
He singled out on the stalled Arror and Kimwarer dams saga which he argued the British government has assisted Kenyan police in tracing the movements of money and other issues.
He asked for patience from Kenyans in the cases saying they are moving in the right direction.

Haji has received an offer of help, but like in the case of the QC brought in to handle Justice Mwilu and her postage stamps and no other 'equally complex' matters judicial, the approach is very minimalist.

That is why I say the donkey sniffs the water, but wont drink. The status quo can not afford a full draw of sword by her top prosecutor. That would be a John Githong'o redux.
Naah, people like Murgor signed in with Haji only to bolt within a pair of days!? They got a tale they are not telling us. Luckily we haven't forgotten the old drag: doing our thinking, and a hard long one at that.

So we figure out why otherwise thirsty donkeys wouldn't dare that full drink at the lake!

Which brings me to the cold cases' aptitude of the new DCI, George Kinoti. You know Old Ndegwa Muhooro bequeathed Kinoti quite a full cupboard of skeletons, and ghosts to lay to rest. Jacob Juma for instance. ---Jacob who!?

DCI Kinoti's COLD CASES APTITUDE.

[jakaswanga]

I HAVE A LAUGH, ON SWITCHE LR. NUMBERS!

KISUMU, Kenya Jun 11 2019- Nandi Governor Stephen Sang was on Tuesday charged with malicious damage to property and incitement to violence for leading county officials and locals to destroy tea bushes on a private farm.
Sang was also faced with an abuse of office charge when he was arraigned before Kisumu Resident Magistrate Beryl Omolo.

But first, another laugh! the kind of ---tabloid--- things besieging the DPP ('s office) at this important hour in which Noordin Haji should be burning the late-night oil! woi woi! the hero in waiting should be sharpening legal daggers to rip open the guts of the big beasts of corruption, and collect their skulls as trophies! but look, there is Pessaris and Sonko in bed! --who dunnit!?

Uhuru Kenyatta has declared a war on corruption, so we stick with the imagery of war.

Haji hasn't ripped a gut yet, hasn't collected a single skull yet, hasn't roared in a dread charge like a Braveheart clinching the vantage hill; nay, if Haji shows any sign of life, it could just as well be his rigor mortis.

Nairobi women's rep, Ester Pessaris, is demanding her good repute be restored at the expense of her governor, Mike Sonko ----the insolent drug peddlar! how dare he!? It is so hilarious a joker has photoshopped the couple in what used to be called a compromising situation. That is the hurt, the hurt Pessaris wants Haji to look into. (not that incident at Kiambu police station where the Msando killer cop eyeballed her with the snarl of death!)

A HERO RISES IN NANDI!

But the funniest bit is the arrest of Nandi governor Stephen Sang. And, Eldoret court order ignored like those ones which favoured Miguna Miguna, Sang's transfer all the way to Kisumu (where Malala of Kakamega nearly died the other week), to face justice, first at the hand of his friend, soon to recuse himself!

The Lord works in strange ways I tell you!

Now, sometimes a peoples history reveals itself in pure comedy.




THE ACCIDENTAL HERO

Sang of Nandi is of course a hero. His act of vandalism is exactly what the situation required to reveal LR NUMBERS! Outside Sonko of Nairobi, he is the only governor who has led his people to RECLAIM THEIR STOLEN LAND!

Come baby come!

THE land was stolen by Henry Kosgey, one of Arap Moi's henchmen. Sang is videod using a chainsaw to mow down a section of the malafide plantation, where tea plants are in illegal occupation. ---Kibwani Tea Estate.

Abuse of office; and the damage is malicious, perpetrated upon tea bushes on A PRIVATE FARM!

Where do these people live, who prefer these charges, like the one which read 'formenting revolution' which was visited upon the person of Boniface Mwangi!?

Did they see the way the green monster, SANY, was ripping through MULTI BILLION PRIVATE properties perched on RIPARIAN LANDS in Nairobi!?

Private Property my foot! ---Who does not know about the TAJ MAL, later Air gate mall in Nairobi!? Not to speak of the WESTON HOTEL?

On Monday Governor Sang was whisked away from Kapsabet town shortly after addressing the press in relation to Friday's uprooting of tea plants at Kibwari Estate in the company of some county officials and private citizens.

On Monday he said that his actions were lawful because the National Land Coalition had given his county the blessing to repossess the land, which he said belonged to community and was meant for Kaburet Cattle Dip

And then

While addressing a crowd at the county offices before his arrest, Governor Sang said that he had enough legal documents to back his claims.

But an interesting detail to the comedy

The court will determine whether the Governor will face the charges after Eldoret High Court Judge Stephen Githinji gave an order barring security officers from arresting or detaining him yesterday. The court also directed he shouldn't be prosecuted.
The Governor is held at Kisumu Central Police Station.

Sang's defence team had asked the court to terminate the charges, release him unconditionally pursuant to the Monday evening court order issued in Eldoret.
Earlier on, Kisumu Chief Magistrate Julius Ngarngar had disqualified himself from hearing the case on grounds that he was Governor Sang's friend.

But what about those documents, like the ones specifying the plot number, history AND OWNERSHIP of the land thereof, whereupon the unfortunate tea-bushes found themselves?

WHICH LR. NR IS WHICH!?




The prosecution in Kisumu confabulated, leaving Sang to say they are accusing me of tresspassing on a plot I didn't! Which means 'kule tulifanya kazi, tutaendelea na dip itajengwa!'.
And here is the incitement charge

"You members of the public arm yourselves and deal with anyone who interferes or enters repossessed land which was earlier grabbed by Kibware Tea Farm."
He is accused of uttering the statement on June 8 on Kibware Farm.

Of course, we all know the war on corruption is KALONGOLONGO, that is why Haji has collected no scalps. We also know the judiciary is as corrupt as a KANU regime attorney general. But the nation is impatient for action.

Governor Sang is an accidental hero, and one option is for the people to arm themselves to defend their governor who is RECLAIMING the peoples stolen property, while the law of the land wants to insist THE THIEF IS A RIGHTFUL OWNER!

(remember the colonial whiteman used to own the whole of Kenya by law! The land of our ancestors was, in one stroke of the pen, the whiteman's islands. ----The private property of kina Lord Delamere.
Did I say reports from Kapsabet are Sang is in a political feud with the Kosgeys''!? That is a nice detail. Like, did you know President Ouru is in a political feud with DP Ruto!?

LAND issues IN KENYA! A sure teller of the tale of our land! And it still raises our temperatures.

Watch it please.

NB: Miguna was on it

[jakaswanga]

“The public have absolute right to repossess all stolen public land and assets. There is no court of competent jurisdiction that will issue orders giving thieves properties they have acquired fraudulently nor convict anyone restoring stolen property to its rightful owners,” Miguna argued.

I guess that is why some have just given up on Miguna Miguna and say, on Jukwaa, TO HELL WITH HIM!

wELL, here in Kavirondo we don't scare that easy!

Is Uhuru playing Dirty politics with Governor Stephen Sang?

lutta June 11, 2019


President Uhuru Kenyatta in a rare twist has been dragged into Nandi Governor Stephen Sang troubles being accused of playing dirty politics.

Governor Sang, who spent Monday night at the Kisumu Central Police Station  following his arrest over destruction of a tea estate in his county has been charged in court.

The Governor was charged with three offenses following an incident that saw him destroy property at a tea estate associated with former powerful minister Henry Kosgey.

Governor Sang was charged with malicious damage to property, incitement to violence and abuse of office
He denied all three charges and was released on Sh1 million bond or Sh500,000 cash bail.

The magistrate dismissed an application to stop the governor from being charged and taking plea, saying it lacked merit.

Photo; Governor Stephen Sang During a court hearing

But Exiled Lawyer Miguna Miguna has sucked The Head of State into the troubles that are currently befalling Governor Sang who is a close associate of The Deputy President William Ruto.
Lawyer Miguna has justified his argument of President Uhuru playing dirty politics by citing the controversy that surrounded Kenyatta International Convention Center (KICC).

Photo: Lawyer Miguna Miguna

According to Miguna Moi grabbed  KICC and turned it into KANU head quarters before Rafael Tuju forcefully repossessed it:
“Tom Mboya commissioned the construction of the KICC in 1968. It was built using public funds. In 1993, Dictator arap Moi grabbed the KICC, gave it to KANU as its headquarters. On February 11, 2003, Tourism Minister Raphael Tuju forcefully and rightfully repossessed the KICC,” started Miguna Miguna.

NRM General Miguna has added that KANU tried to repossess KICC through court process but it was ruled in favor of the normal mwananchi.

“After Tuju RESTORED the KICC back to its rightful owners – the citizens of Kenya – in 2003, then KANU Secretary General and Advocate Mutula Kilonzo went to court seeking orders to get back KICC. He lost. Why? Because Equity only vests on clean hands. A thief’s hands are DIRTY,” Miguna has added.

Moreover Miguna has justified Governor Sang’s action stating that the public have absolute right to possess their property.

“The public have absolute right to repossess all stolen public land and assets. There is no court of competent jurisdiction that will issue orders giving thieves properties they have acquired fraudulently nor convict anyone restoring stolen property to its rightful owners,” Miguna argued.

Therefore Miguna Miguna has blamed President Uhuru for playing dirty politics in fixing the young governor.
The exiled lawyer has been the greatest critic of President Uhuru Kenyatta in almost everything that happens in the country.
He has offered a back for Governor Sang who is awaiting for the final ruling.

I am watching out for disputation on Miguna's assertion, Kenya constitution reading.