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Judge Saves Former Kesses MP Swarujj Mishra’s Property From Auctioneer’s Hammer

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Dr Swarup Rarjan Mishra, Director/Chief Executive,Swarujj Mishra’s

The embattled former Kasses constituency Member of Parliament Swarujj Mishra’s business empire is facing serious financial challenges, with auctioneers constantly knocking at his doors. Just a few weeks ago, Judge R. Nyakundi of the High Court in Eldoret saved his property from being auctioned by Legacy Auctioneers Ltd. and CIB Kenya Ltd. over loan arrears amounting to Kshs. 69,529,326.02 and USD 903,316.88, respectively.

Mr Mishra is the proprietor of Mediheal Diagnostics & Fertility Center. He moved to court together with Pallavi Jodhipur Rajthan via a Notice of Motion Application dated October 27, 2023, seeking a temporary injunction to restrain Legacy Auctioneer Services and CIB Kenya from interfering, possessing, marketing, and/or advertising for sale or selling, leasing, sub-dividing, receiving, or taking possession of the suit properties being KAPSARET/KAPSARET BLOCK 2 (KAPTUIYO)/14 and PLATEAU/PLATEAU BLOCK 2 (UASIN GISHU)/37 pending the hearing and determination of the inter-parties of this application.

Mr Mishra argued that he had religiously made payments to CIB Kenya Ltd. and that he was shocked to be informed that he was in arrears via a letter dated October 13, 2023. Further, he said that the claimed amount by the CIB was excessive. He claimed that the entire procedure and steps taken by CIB Kenya Ltd. for Legacy Auctioneers Ltd. to exercise its statutory power of sale are flawed.

Mishra pleaded with the court that the properties host critical medical infrastructure that is vital for the maintenance of the lives of patients. However, CIB Kenya Ltd. opposed Mishra’s application via a replying affidavit and submissions, saying that it was not in dispute. CIB Kenya Ltd. provided a loan facility to the Mishra, which was secured by the properties in question; however, the Mishra defaulted in payment of its loan, necessitating action being taken by Legacy Auctioneers Ltd. towards recovery of the said loan arrears.

On December 7, 2022, CIB Kenya Ltd. wrote a letter to Mishra informing him of the outstanding arrears, but the letter did not elicit any response, forcing CIB Kenya Ltd. to write another letter dated 22.3.23 reminding him of the outstanding arrears owed to the bank. Again, there was no response to this, and therefore, Legacy Auctioneers Ltd. issued him a statutory notice as per the provisions of Section 90 of the Land Act.

Upon expiry of the 90-day statutory notice, the 2nd defendant/respondent proceeded and issued the applicants with a 40-day statutory notice on 9.5.23, as the arrears were now Kshs. 73.041.458.00 and USD 903,316.88. The court noted that on August 12, 2023, Mr. Benjamin Kisoi Sila proceeded to Mishra’s place of business in Eldoret Town and effected service of the 45-day Redemption Notice and Notification of Sale upon Mr. Hillary Biwott, who acknowledged receipt but declined to sign on the auctioneer’s copies.

After the issuance of the 45-day notice chat, Mishra approached CIB Kenya Ltd. with a settlement proposal, and the initial auction chat, slated for October 9, was stopped by the bank. The judge ruled, “In the premises, the application succeeds in its entirety. A temporary injunction is hereby granted in terms of prayer 3 of the application pending the determination of the suit”.

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INVESTIGATIONS

From Traditional Healers to Online Scammers: The Evolution of Witch Doctor Blackmail

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Witch Doctor
  • Breaking News: Witch Doctor Exposes Governor Fernandez Barasa in Shocking Blackmail Scam

A man who alledgly threatened to expose Kakamega governor Fenandez  Barasa’s nudes and demanded a total of Sh240M has been charged at a Kibera Court.

Mr.William Simiyu Matere alias Elijah was charged before Chief Magistrate Ann Mwangi where he denied the charges.

The court heard that the accused person with others not before the court conspired to defraud to commit a Felony and demanded property with Menace and extorted the governor.

According to our insiders who are aware of the matter, the accused persons had some nude photos of the governor and used them to extort him contrary to the law.

Before he was charged in court , the police had obtained custodial orders from the same court so that they could complete their investigations.

He denied the charges and was released on bond

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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Government’s Decision: Kiamaiko Slaughterhouse to Cease Operations

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Kiamaiko Slaughterhouse
  • Controversy Surrounds Closure of Kiamaiko Slaughterhouse by Government

This complies with a court order issued on July 28, 2022, which mandates the cessation of operations at these facilities to uphold environmental and health standards.

The team led by the National Environment Management Authority (NEMA) agreed to withdraw all the Government services offered to Kiamaiko Slaughter Houses.

They include the Veterinary Services of meat inspection, public health services, and issuance of Single business permits offered by the Nairobi City County and the services offered by the Nairobi water and sewerage company.

“The decision to enforce closure stems from longstanding concerns regarding the handling of blood and offal, as well as the improper treatment of wastewater discharge, as outlined in the Water Quality Regulations of 2006,”

Since 2013, negotiations have been rife to facilitate the relocation of operations to a licensed site by March 31, 2022, in Njiru, Nairobi.

The multi-agency emphasized that the intention behind these enforcement measures wasn’t aimed at impeding the legitimate trade of meat or the operation of butcheries.

“Rather, the focus is squarely on addressing the specific deficiencies observed within the slaughterhouse facilities themselves which degrade the environment,”

In 2015, the National Environment Management Authority issued a directive ordering for the closure of 15 slaughterhouses in Nairobi’s Kiamaiko.

Nema has been accusing the slaughterhouses of lacking a proper waste management system. However, seven years later, the slaughterhouses are still in operation.

The operators continue to discharge untreated liquid waste into the river.

Kiamaiko is in Eastlands, 12 km from the city center.The traders moved to the site, now popular with goat meat consumers, in 1996.

About 300-400 livestock are slaughtered at the facility daily. The abattoirs release the untreated solid waste into the Nairobi River leading to complains.

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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Scandal Alert: Prof. Nick Wanjohi’s Involvement in Gun Drama

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Prof. Nick Wanjohi

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  • In the Spotlight: The Controversial Gun Drama of Prof. Nick Wanjohi

  • Breaking News: Prof. Nick Wanjohi Caught in Gun Drama

  • Exclusive Interview: Prof. Nick Wanjohi Opens Up About Gun Drama

Tension is high at the Jomo Kenyatta University of Agriculture and Technology (JKUAT) following an altercation between a former aide to late President Mwai Kibaki and a senior lecturer.

Prof Nick Wanjohi, a former Vice-Chancellor at the university, who also served in President Kibaki’s administration as Comptroller of State House and later as his Private Secretary, is said to have joined his bodyguards who drew their pistols to confront, Dr Sylvester Kiptoo, following differences over allocation of a lecture room.

The bodyguards are said to have forced the lecturer from the lecture room in con- tention brandishing pistols after roughing him up.

The last Thursday afternoon incident has prompted lecturers at JKUAT to threaten to down tools with the Universities Academic Staff Union (UASU) calling for calm as the management handles the matter.

It has also raised questions over the behaviour of armed bodyguards assigned to some senior lecturers, particularly those who return to universities after serving in influential positions in government.

It has also not been established under what circumstances Wanjohi has remained with his armed bodyguards, more than ten years since he left his assignments in government.

Grievous action

The university’s UASU chapter secretary general Dr Shadrak Muya said they were handling the matter as a misunderstanding between two colleagues.
“It is advisable for you to get official communication from the Vice Chancellor’s office as the matter involves staff members,” Dr Muya told the media.

The UASU university chapter chairman Dr Muiga Rugara wants the institution to urgently address the conduct of some bodyguards assigned to some lecturers. “UASU will take up the matter and make sure the good professor will be informed on how grievous his action were in terms of the security of his colleague and the examination process. The university management will also be required to address the matter of dons’ security amidst armed guards and the shortage of lecture halls,” Dr Rugara told lecturers in an internal memo.

Reached for comment, Prof Wanjohi
referred questions to the Vice Chancellor, though he appeared to blame the in- cident on the management for allocating two events to take place in one room at the same time.

“The management should explain to you why they decided to allocate one room, two events at the same time. Though they are handling the matter, they are to blame for the confusion,” the one time JKUAT Vice Chancellor said on phone.

Prof Wanjohi declined to comment on the matter that he described as “minor,” insisting that the university management was already handling it.

Special exams

Drama is said to have begun on Thursday morning when Prof Wanjohi and his bodyguards arrived at one of the lecture halls where he had been scheduled to con- duct some lessons only to find Dr Kiptoo supervising students re-siting supplemen- tary examinations.

The former VC is then said to have or- dered his junior colleague to halt the exam- inations, relocate to another lecture room and leave the one in contention for him.

But Dr Kiptoo, who says in his statement to the university management that he had not recognised Prof Wanjohi, insisted on continuing with the exercise, infuriating the former VC.

“Maybe Prof Wanjohi did not commu- nicate about the ongoing special supple- mentary exams and may have been think- ing I knew him and his VIP,” Dr Kiptoo observesinhisstatementtotheuniversity management.

Kiptoo goes on to state: “He did not speak to me nor my chairman of department (CoD) whom I had contacted on phone. I asked them whether we could handle the situation differently since I was
halfway through the process but he didn’t answer me. I tried to take a snapshot of the incident just that I can address it later but the next thing I saw was my phone flying and a person who I later learnt is his security was pulling me out of the room.”

Yesterday, Dr Kiptoo declined to comment on the matter which he described as “sensitive and was being handled by the university management.

“This is a very sensitive matter that I am not in a position to handle, but you can get everything from either the VC’s office or UASU JKUAT chapter,” Dr Kiptoo told People Daily.

Lecturers say that JKUAT is experiencing a shortage of lecture halls, a situation that has occasionally led to clashes between lecturers.

Due to the shortage, the university usually reserves some special rooms for students sitting examinations, be they supplementary or special ones.

By the time of going to press, JKUAT VC Prof Victoria Wambui Ngumi was yet to respond to our e-mail sent to his office, inquiring about the official position.

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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