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Court Orders Rogue, Notorious Fraudster Jared Otieno to Forteit his high end car to State

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Jared Otieno
  • Court orders businessman Jared Otieno to forfeit high-end car to state

The High Court has ordered businessman Jared Kiasa Otieno to forfeit his high-end car to the state in an application made by the Assets Recovery Authority (ARA).

ARA had sought to have Otieno surrender two vehicles, a Porsche Panamera KCD 966L and a Bentley Continental GT 2019 KCU 966C, to the state for allegedly being proceeds of crime.

“It is therefore my finding that the applicant has proved on a balance of probabilities that the motor vehicle KCU 966C is a proceed of crime,” said Justice Esther Maina.

Justice Maina however noted that she could not deliver a judgement concerning the Porsche Panamera, since a ruling issued by Justice John Onyiego on November 20, 2019, had been appealed at the Court of Appeal by ARA.

In his ruling, Justice Onyiego found that the vehicle was not tied to any criminal activity and was therefore not a proceed of crime.

The two vehicles were registered under two firms associated with Otieno namely; Cleanen Limited and Yugni Holdings Limited.

ARA told the court that Otieno is allegedly part of an international syndicate which has been in existence since 2013 and had fraudulently obtained money from investors on pretence they had precious metals including gold for sale

The agency in 2019 began investigating the businessman’s activities since 2014 with the view of identifying, tracing, freezing and forfeiture of proceeds of crime.

ARA claimed that Otieno acquired the two vehicles to conceal and disguise the nature, source, location and disposition of funds from unlawful activities through proxies and third parties including a law firm.

He was charged at the Milimani Magistrates Court with conspiracy to defraud, obtaining money by false pretence and counterfeiting.

The High Court heard that he had no source of legitimate income owing to filing nil tax returns with the Kenya Revenue Authority (KRA) during the period that he acquired the cars.

ARA submitted that the Bentley cost USD 453,907.83 (Sh20 million at the time) while the Porsche which cost Sh16 million was initially registered in Otieno’s name before it was transferred to Cleanen Limited.

The price of the vehicle has appreciated owing to the depreciation of the Kenyan shilling against the dollar.

ARA accused Otieno of trying to transfer the ownership of the Bentley to Yugni Holdings to disrupt and evade investigations to conceal, hide and disguise its ownership.

Justice Maina heard that the businessman was allegedly involved in a scheme to defraud Simoung Company Limited and then held a meeting with the company’s director Sounthorn Chantavong.

Corporal Jeremiah Sautet on behalf of ARA said that after obtaining orders to probe the law firm, he established that after the meeting, Simoung transferred USD 3,052,281 in two instalments to Otieno’s accounts.

He told the court that Victoria Achieng’ Ramogi withdrew USD 90,000 from the account in two instalments as business income and she went ahead to make 15 suspicious withdrawals.

According to Sautet, Otieno paid for the vehicles in installments between March 2018 and April 2019 and the law firm acted on his behalf.

He said that the businessman transferred the ownership of the Bentley after he was arraigned and charged in court and this raised suspicion and reasonable ground to believe it had been purchased using proceeds of crime.

Sautet further told court that Otieno’s move to file nil returns with KRA since 2014 showed he had no taxable income yet the two motor vehicles are valued at Sh62.1 million and this formed ground to seek their forfeiture.

Otieno opposed the application saying that he is an honest businessman with lawful dealings locally and internationally.

He said that he was tax-compliant and even produced a compliance certificate as proof, arguing that ARA had not demonstrated a causal link between the criminal case and the vehicles.

“It is my finding that by filing a nil tax return the respondent was saying that he had not generated any income during that period, which period includes that which he acquired the vehicle,” said Justice Maina.

Otieno denied having dealings with the complainant in the criminal case at the Magistrates Court, saying that he was neither a party nor a witness to the transaction and loan agreement that is subject to the case.

He argued that the only nexus between him and Rose Adhiambo Omamo was that they shared a law firm.

The businessman said that he purchased the Porsche in 2015, four years before he was charged in the criminal case and the decision to register the vehicles in the companies was in good faith.

He further argued that the money that was used to pay for the Bentley was a commission that he had earned from a land transaction between Kanaiya Ole Rotiken Sapuru and Euro Ceramics Limited.

ARA through their lawyer said that their application’s burden of proof was on a balance of probabilities.

 The High Court ordered businessman Jared Otieno to forfeit his high-end car. [iStockphoto]

The lawyer submitted that they had attached an evidential burden of proof for Otieno to demonstrate how he came into possession of the property in question.

Otieno’s lawyers told the court that ARA did not attach new evidence for the forfeiture of the Porsche, whose ruling they challenged at the Court of Appeal.

They said that the agency had not submitted the correlation between the alleged USD 3,000,000 that their client allegedly received and is subject to criminal proceedings to the said vehicles.

While faulting ARA they said the agency started probing their client in 2019 yet the Bentley was purchased using a commission he earned in a land transaction in 2018 totaling to Sh22 million.

According to the lawyers, ARA had failed to link Otieno with any criminal activities and that the application was premised on mere suspicion and postulation.

The judge noted that Otieno’s initial affidavit had not indicated where he got the money to buy the Bentley and he only did so in a supplementary affidavit, and his lawyers did not seek leave before filing.

“There is also nothing on the record to prove that the affidavit was served upon the Applicant,” said the judge.

“Any pleading filed without the leave of the court is fodder for striking out and the Respondent’s Supplementary Replying Affidavit must be and is hereby struck out.”

She noted that striking out the supplementary affidavit left Otieno with no evidence to prove the source of the funds and even if she did not do so he did not give evidence that he acted as an agent let alone that he was licensed to do so.

“He did not also produce an agreement that he was to receive a commission,” said the judge.

Justice Maina found that there was no evidence to prove that Otieno was engaged in lawful business, as evidenced by his nil tax returns and there was no admissible evidence of him earning the commission.

Kenya Exposed allows guest blogging, if you want to be published on Kenya’s most authoritative and accurate blog, have an expose, news TIPS, story angles, human interest stories, drop us an email on: exposednews50@gmail.com. Follow us on Twitter and Facebook page.

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Make the Most of Your April Holiday with Xiaomi Kenya’s Redmi A3: Unveiling the Perfect Surprise

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Redmi A3

Xiaomi has recently unveiled the Redmi A3, which is being touted as the ultimate present to give during the April Holiday season. This new addition to the Redmi smartphone lineup is specifically designed for entry-level users, offering a sleek and fashionable design. With its large and high refresh rate display, AI dual camera, and various other features, the Redmi A3 takes the user experience to new heights of both functionality and sophistication.

Making style its central priority, Redmi A3 addresses the preferences of users seeking an affordable yet elegant glass design, as well as those who prefer a more subdued finish. Under bright light, the back panel of the Midnight Black is designed to resemble stars in the night sky, while the Star Blue variant reflects a rainbow-like sheen that exudes sophistication and class. Redmi A3 is also available in Forest Green1, featuring a smudge-resistant, matte, leather-textured back design that exudes rationality and refinement.

Redmi A3

All Redmi A3 models feature a large, circular, finely detailed camera deco that presents a different sheen depending on the angle of refraction and lighting environment. Moreover, with an 8.3mm2 ultra-slim body for an excellent in-hand feel, Redmi A3 feels reassuringly robust, sleek, and crafted for optimal comfort.
Redmi A3 brings high-definition video and social media content with a large 6.71-inch HD+ display that offers a refresh rate of up to 90Hz3 to deliver a silky smooth, immersive experience that defies its price-point. Screen durability is ensured with Corning® Gorilla® Glass 3 display protection, while enhanced eye-care protection is provided by DC dimming that reduces exposure to blue light and overall flicker.

 

Users on a budget can still enjoy the upgraded AI dual camera system with 8MP main camera supported by an auxiliary lens that enables stunning portrait shots. Users can also take advantage of film Camera, which allows them to preview scenes using several filter effects in real-time before taking the shot, a feature previously exclusive to Redmi Note devices. A 5MP front camera is bolstered by a beautifier that smooths skin tone, and a soft-light ring that brightens selfie shots in low light conditions.

Every effort has been made to ensure reliable user experience, with Redmi A3 supporting advanced security features that include both Face Unlock4, and Fingerprint Unlock via a fast and responsive side-mounted fingerprint sensor. Featuring a convenient 3.5mm headphone jack, Redmi A3 is also equipped with a USB Type-C 10W charging port5. Sporting a large 5000mAh (typ) battery, Redmi A3 will keep pace with users throughout the day and beyond, delivering up to 29 hours of call time6, and up to 17 hours of video playback6. Redmi A3 has also been rigorously tested to deliver outstanding physical durability, completing roller testing (300 times)6 and USB durability testing (10,000 times)6.


Delivering ample performance and power efficiency, Redmi A3 is powered by an octa-core MediaTek Helio G36 processor, and is available in 3GB+64GB, and 4GB+128GB configurations. Extended memory technology expands available RAM to up to 8GB7, ensuring slick app loading and switching, while additional data storage is available via a microSD slot, which supports microSD cards of up to 1TB8.
Redmi A3 is available in Midnight Black and Star Blue1, in 3GB+64GB, and 4GB+128GB memory and storage configurations, and will be available starting from KES 11,599

Kenya Exposed allows guest blogging, if you want to be published on Kenya’s most authoritative and accurate blog, have an expose, news TIPS, story angles, human interest stories, drop us an email on: exposednews50@gmail.com. Follow us on Twitter and Facebook page.

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Breaking News: Kelvin Kang’ethe, Murder Suspect, Faces 21 More Days in Detention

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Kelvin

Murder suspect Kelvin Kang’ethe has 21 days to make his formal application for bail and bond so that the courts can decide whether to release him or not before his extradition proceedings are concluded.

Kang’ethe is wanted in the US for the murder of his lover Margaret Mbitu whose body was found in their car at the Boston International Airport.

Chief Magistrate Lucas Onyina on Wednesday ordered him to file the application accompanied by affidavits after he hired another lawyer to represent him.

Kang’ethe had previously fired his lawyers after a falling out and alleged torture by police and prison officers while in custody.

His new lawyer John Ndengwa Maina had requested more time to receive instructions from the suspect since they met on Wednesday and didn’t have sufficient time

The lawyer claimed that his client is currently detained unlawfully since the custodial orders issued on February 14 ended on February 29 and the Office of the Directorate of Public Prosecutions (ODPP) didn’t seek an extension of the same.

Kang’ethe was remanded at the Nairobi Area Remand and Allocation Prison pending application for bail after the ODPP requested he be held at the facility, following his escape from Mûthaiga police station where he had earlier been remanded.

His advocate also claimed that prison authorities are holding Kang’ethe at the maximum security side of the prison despite orders that he should be detained at the medium section.

Maina said Kangethe is struggling in prison as he’s always handcuffed even when going to the toilets.

But Onyina said the court cannot revise the detention orders and ordered that Kang’ethe remain at the facility until April 4 when the case will be mentioned for directions.

The suspect, 41, fled from the US after the murder of Mbitu on November 1, 2023.

He was arrested in Nairobi, early in February while leaving a club, after a manhunt, and detained at the Muthaiga Police Station.

Kang’ethe later escaped from the Muthaiga station, where he was to be held for 30 days ahead of possible extradition, under unclear circumstances.

He was re-arrested in Ngong a week later and remanded to the Nairobi Area Remand and Allocation Prison in the Industrial Area by Milimani Chief Magistrate Lucas Onyina.

Kenya Exposed allows guest blogging, if you want to be published on Kenya’s most authoritative and accurate blog, have an expose, news TIPS, story angles, human interest stories, drop us an email on: exposednews50@gmail.com. Follow us on Twitter and Facebook page.

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Gicheru Kamau, Stephen Ogolla, Otieno Atanga were released on a Sh3 million bond with a surety of a similar amount after being charged

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Gicheru Kamau

Otieno Atanga, Stephen Ogolla, and Gicheru Kamau, alias Aden, allegedly conspired to steal US$398,000 (Sh60 million) from Vjay Vrima on diverse dates between September 4 and December 30, 2023.

“Erick Otieno Atanga, Alex Stephen Ogolla, and Mofat Gicheru Kamau, alias Aden, on diverse dates between September 4, 2023, and December 30, 2023, at an unknown place within Nairobi County in the Republic of Kenya, with others not before court, conspired to commit a felony, namely stealing USD 398,000

(equivalent to about Sh60,000,000) from Vijay virma by falsely pretending that you were in a position to secure for him a tender for supply of laptops and other accessories to the Ministry of Information, Communication, and Digital Economy under contract number MICT/VOL.1/VACC/2023-1, a fact you knew to be false,” the charge sheet presented in court reads.

They also faced the charge of making a false document on November 1, 2023.

The court heard that with the intent to defraud NVT mobile telecom and accessories trading FZCO company of Sh60 million, they allegedly made a false document a request for quotation reference number MICT/VOL.1/VACC/2023-1.

They allegedly, purported it to be a genuine and valid document issued by the Ministry of Information, Communication, and Digital Economy, knowing it to be false.

Appearing before Milimani Chief Magistrate Lucas Onyina, the three, however, denied the charges.

They were then released with the aforementioned alternative of a surety with security.

Online directed the state to supply the defense with witness statements.

Kenya Exposed allows guest blogging, if you want to be published on Kenya’s most authoritative and accurate blog, have an expose, news TIPS, story angles, human interest stories, drop us an email on: exposednews50@gmail.com. Follow us on Twitter and Facebook page.

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