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Archive for March 24th, 2010

Ruth Wambui Ayinde-Azeez Sentenced to Four Years in Jail

Posted by jambonewspot on March 24, 2010

Jailed: Ruth Ayinde-Azeez was jailed for four years for laundering £1.25m

Jailed: Ruth Ayinde-Azeez was jailed for four years for laundering £1.25m

By DAILY MAIL REPORTER

A care home assistant who led a life of luxury thanks to an £8million mortgage fraud sobbed as she was jailed for four years on Wednesday 24th March, 2010.

Ruth Ayinde-Azeez, 26, lived in a six-bedroom mansion containing 12 plasma TVs and drove around in a top-of-the range Bentley and Land Rover. She took lavish holidays in Dubai and the south of France, kept £1.6m in her bank accounts and blew huge sums at upmarket bars and restaurants.

But her lifestyle was funded by crime, Southwark Crown Court heard. Her husband Victor, a fraudster who is on the run overseas, led a mortgage con gang which plundered nearly £6m from high street banks in just six weeks using a network of front companies and crooked solicitors.

 The court heard that Ruth Ayinde-Azeez was sucked into the criminal world of her husband and came to enjoy the trappings of excessive wealth.

The Kenyan national laundered £1.25million and was jailed today for four years for her part in the fraud. Mrs Ayinde-Azeez, of Barnet, was found guilty at trial last month of conspiracy to acquire, use or have criminal property and removing criminal property. 

During the trial, the jury heard that when she was arrested, she had loaded her car and was about to flee the country. Judge Anthony Beddoe told former care home worker Ruth: ‘I do accept that you got sucked into the dishonesty of your husband, and it may be that had you never met, you would never have been in the position you are in, in this court. ‘But you are not, I am afraid, as naive as your counsel sought to suggest on your behalf to the jury.

You were not stuck with Victor Ayinde-Azeez because you had his baby. ‘The evidence revealed to me that this relationship became a meeting of minds, and you came fully to enjoy, as he did, the trappings of excessive wealth. ‘So much so that you were prepared to follow his lead wherever it might take you, ready to leave your child in the care of your mother if necessary, and ready to join your husband overseas. ‘You laundered over £1.25m, and were set to launder very much more.’ ‘I recall the images shown to the jury of you spending and sharing the spoils with Victor.’ 

Three others who took part in the fraud were also sentenced. Isaac Matthews, 42, of Chatham, Kent, pleaded guilty to conspiracy to acquire, use or have criminal property and two counts of entering into an arrangement in relation to criminal proceeds. Describing him as a ‘seasoned fraudster’ the judge sentenced him to six years in jail.

The court heard he had previously been sentenced to nine years in the US for fraud. Matthews used his sister, Anthonia Akinyele, 35, of the same address, to help launder the money through two companies. In total £5.2 million went through the companies, Zikkito and Isaac and Isaac International. The judge said: ‘I have no doubt you were to receive and were expecting to receive a very significant cut.’ Akinyele, who pleaded guilty to acquiring, using or having criminal property and two counts of entering into an arrangement in relation to criminal proceeds, will be sentenced later.

Jason Mercer, 36,of Hemel Hempstead, Hertfordshire, pleaded guilty to conspiracy to acquire, use or have criminal property. The judge said Mercer, who obtained £111,000 to launder, conspired to play a part in the distribution of money being criminally obtained by Nigerian Victor Ayinde-Azeez and others and sentenced him to 21 months.

David Hunter, 35, of Hemel Hempstead, pleaded guilty to conspiracy to defraud. The judge sentenced him to three years and nine months in jail, saying he was responsible for losses of £1.5 million after lending his name to four fraudulent mortgage applications.

 The court heard that 24 fraudulent mortgage applications were successfully made between June and December 2007.

-Daily Mail-UK

Posted in Diaspora News | 3 Comments »

US Businessman Sues Kenya for $50 million over gold sale

Posted by jambonewspot on March 24, 2010

Gold bars: US businessman is suing for loss of profits and punitive damages. File Photo/ Reuters

Gold bars: US businessman is suing for loss of profits and punitive damages. File Photo/Reuters

By ANTONY KARANJA

Posted March 24, 2010 

A  business man in the US has filed a lawsuit in a Minneapolis court seeking to recover over $50 million (Sh3.9 billion) in lost profits and punitive damages from the Republic of Kenya.

The Republic of Kenya, the Kenya Revenue Authority and the Central Bank of Kenya are subject to US Jurisdiction under 28 U.S.C section 1605 (a)(3) which addresses general exception to the jurisdictional immunity of a foreign state.

According to the suit filed last week, Mr Andrew Vilenchik who is a Russian Immigrant, says that he was interested in buying some gold  and so he hired John Saina who is a Minneapolis based consultant from Kenya.

Mr Saina visited Kenya in February 2009 and expressed an interest in purchasing raw gold.

In May 2009, a group who claimed to own a gold mine in the Ituri Province of the Democratic Republic of Congo approached Saina claiming that they had 3,700 kilos of gold that was immediately available for sale, the lawsuits states. They said the total cost of the consignment was $70 million (Sh5.4 billion).

Vilenchik, 31, who manages Community Finance Group  (CFG) authorized Saina to purchase an initial sample of 300 kilos at a cost of $5.7 million.

Saina visited the offices of the group that claimed to have the gold. The meeting took place in the third floor of Hazina Towers in Nairobi.

According to the suit, he verified the existence of the gold in the presence of the gold mine “representatives”. They were also joined by a customs agent accompanied by four armed security guards from G4 services. Saina placed secondary locks on the container that contained the gold to safeguard it.

Samples were also taken to the “Kenya Ministry of Mines for verification.”

Vilenchik says that after the meeting an agreement was reached for an establishment of an escrow account for $350,000 for Kenya customs fees. Vilenchik wired the money into the account.

The plaintiff further states in the suit that the gold was not availed to the CFG as promised but they were informed that additional documentation was required from the Kenya customs and the UN. CFG representatives were later introduced to two gentlemen in another meeting who claimed to be from the UN.

Vilenchik who also joined Saina in Kenya for the transaction, said that one of the Kenyan men told one of his employees, Cary Larsen while on their way to the meeting “that white people disappear in Africa all the time,” and this made them fear for their lives as they tried to sort out the problems.

The suit also states that on June 22, 2009, Vilenchik, Larsen and Saina went to the UN to locate the said “UN agents” they had met with and security guards in the compound confirmed that no individuals bearing the names of the “UN representatives” existed in any of the UN departments.

CFG  reported the matter and filed a complaint with the Kenya Banking Fraud Investigations Department. CFG is said to have filed an attempted murder charge after one of the Kenyan men pointed a gun at Larsen. They reported the incident to the Criminal Investigations Department who according to suit recovered a loaded gun from the Kenyan.

The suit also alleges that the Kenyan men and a Tanzanian counterpart were using fake names.

According to the lawsuit, CFG representatives were taken to the Kenyatta International Airport by the police. The CFG representatives identified the customs seals used by the Kenya customs official on the day the gold was shown to CFG. This enjoins the Customs department to the suit as it is a functionality of the Republic of Kenya.

The suit further states that the Central Bank is enjoined in the suit as it had earlier initiated a hold on the pending wire transfer awaiting verification as to the nature of the wire. The suit alleges that the Central Bank confirmed the legality of the gold sale contract.

In addition, the suit states that the vehicle used to transfer the gold was a 1998  Lexus owned by a Forex Bureau licensed by the Central Bank of Kenya. The forex bureau is listed as an agency or instrumentality of the Republic of Kenya.

In addition to the $50 million, the suit seeks a further $400,000 which includes the $350,000 transferred to the escrow account as well as $50,000 for various travel expenses.

Vilenchik has sent letters complaining about this matter to the U.S Embassy in Kenya, the White House as well as Minnesota’s Senators and House representatives.

Posted in Kenya Law | Comments Off

Speaker’s ruling makes it hard for MPs to amend draft

Posted by jambonewspot on March 24, 2010

House Speaker Kenneth Marende wielded the big stick and warded off spirited attempts by some MPs to amend the proposed new Constitution currently being debated in Parliament. Above, a past parliamentary sitting. Photo/FILE

House Speaker Kenneth Marende wielded the big stick and warded off spirited attempts by some MPs to amend the proposed new Constitution currently being debated in Parliament. Above, a past parliamentary sitting. Photo/FILE

By ALPHONCE SHIUNDU and NJERI RUGENE
Posted Wednesday, March 24 2010 at 18:32

House Speaker Kenneth Marende wielded the big stick and warded off spirited attempts by some MPs to amend the proposed new Constitution currently being debated in Parliament.

In his ruling on Wednesday, the Speaker blocked an attempt by Mr Isaac Ruto (Chepalungu, ODM), to open the door for MPs to make proposals to amend the draft Constitution.

“The threshold to amend a draft Constitution was deliberately set high to ensure that only in the most meritorious of circumstances could this happen,” said the Speaker. “This is a stage where the National Assembly is provided with yet another opportunity to input not to disrupt the process by which the people of Kenya seek to exercise their sovereign right to replace the Constitution.”

The ruling effectively makes it difficult for the lawmakers in the House, already divided along ethnic and party lines, to amend the draft because doing so will require 65 per cent of the members as prescribed by the Constitution.

Thus, following the disagreement between MPs at their recent consensus-building meeting at Nairobi’s Kenya Institute of Administration, it will be an uphill task for the proponents of amendments to raise the 145 members required to pass such a proposal. On the other hand, those seeking to pass the draft as it is, will need to just raise 76 members to vote against an amendment.

While the Review Act at section 33(4) is silent on the threshold required to make amendments, Mr Marende said that that failure to expressly refer to the constitutional provision for a 65 per cent majority for constitutional amendments was “unnecessary and superfluous.”

“The constitutional provisions on the disposal by this House of a Draft Constitution apply because the Constitution says so. It matters not whether an Act of Parliament also says so or even purports to repudiate that position,” the Speaker ruled.

He threw out Mr Ruto’s interpretation that the document before the House was not a ‘draft Constitution’ saying recognizing the document as a ‘report of the Committee of Experts’ would be “inconsistent with either the letter, spirit or intention of the Constitution or the Review Act.”

“Such a finding,” the Speaker added, “would amount to this House arrogating to itself a higher pedestal than the other organs of review.”

According to Mr Marende, “it does not appear to him” that after Parliament religiously followed the Review Act to the letter all along, it was now about to “overturn all preceding agreements.”

It is the 10th Parliament (the current Parliament) that made the Review Act and amended the Constitution to allow for the ‘replacement’ of a Constitution.

Mr Ruto’s argument, the Speaker said, would hold water if the House was dealing with an ordinary Bill and not the replacement of the Constitution.

“A proper reflection on the constitutional review process makes it clear that it is entirely different from the ordinary process of lawmaking. It is a process that was carefully calculated to learn from the mistakes of the past,” said the Speaker.

This decision hugely leans on the public opinion that the CoE was the custodian of Kenyans’ views and thus what it prescribed was the best for the country.

It also takes cognizance of the vast demand in the public domain for the MPs to endorse the draft without amendments and send it to the Attorney General Amos Wako for publication as a Bill.

Mr Marende added: “All organs of review are required to ensure that the outcome of the review process faithfully reflects the wishes of the people of Kenya.”

To appeal to a public that has been hugely sceptical of the lawmakers, the Speaker once again rose to the occasion and reminded the MPs that the review process is “the most important national project ever undertaken since independence.”
“We carry the hopes, aspirations and fears of an entire nation. It is a solemn trust that we must discharge with honour and responsibility,” Mr Marende told the muted House.

On Tuesday, Mr Ruto raised his objections reckoning that the document before the House amounted to a report and thus did not need the 65 per cent threshold (145MPs) for it to be amended.

His issue is that the Review Act is on the “sequence” of the deliberation in Parliament.

The crux of this argument appeared to be a ploy for the MPs keen on amending the proposed law to come to Parliament and ensure their proposals are passed and the document sent to the CoE for redrafting. After that, they can influence the CoE to take on board the proposals, so that when the document comes to Parliament after being refined by the CoE, it will be upon those against the proposals to raise the 145 MPs to amend the draft Constitution.

In the afternoon session after the Speaker’s ruling, Vihiga MP Yusuf Chanzu asked Kenyans to be reasonable in their expectation of the Constitution. He said the issue of Kadhis courts need not be contentious.

Agriculture minister William Ruto asked the House to be courageous and amend the document, noting that MPs were in agreement that the proposed new constitution has deficiencies and needed to be improved.

“It will be an indictment for this House if we are so scared of our responsibility to allow the document to pass as it is,” said the Eldoret North MP.

He proposed an amendment to provide for 80 counties and introduction of regions. The minister also suggested that the clause on abortion be amended in line with the proposals by the Churches who are opposed to it.

“Parliament should not fear to make amendments. History will judge us harshly,” the ODM deputy leader added.

Heritage Minister William ole Ntimama suggested that the proposed law sail through the House without any amendments. “We have to listen to the voices of Kenyans. We do no not want to create small dictators here and there,” the Narok North MP (ODM) argued.

According to Mr Ntimama, the 2005 proposed constitution was rejected by Kenyans because it did not provide for devolution. “We should adopt this document without amendments. The brave thing to do is to give the people of Kenya a new constitution We shall not be intimidated by two people meeting in a corner and coming here to bang the table,” he said.

Source: Daily Nation

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When TB went for a man’s private parts

Posted by jambonewspot on March 24, 2010

Dr Waihenya Githiaka explains how TB moves to the testicles. PHOTO/ISAIAH ESIPISU

Dr Waihenya Githiaka explains how TB moves to the testicles. PHOTO/ISAIAH ESIPISU

By ISAIAH ESIPISU
Posted Wednesday, March 24 2010 at 16:14

Two years ago, Wilson Maina contracted a disease that confused several medical experts, with most of them diagnosing it as malaria, cancer, ulcers or a combination of these.

Little did they know that he had developed tuberculosis that would later settle in his testicles, forming what experts refer to as ‘Testicular TB’.

“It all began with fever, severe headache, weak and painful joints, hot stomach and fatigue. With all these symptoms, I was convinced that I was suffering from malaria, and thus I begun on a dose of anti-malarial drugs,” said Maina, a resident of Thika town.

But after a few days of self treatment, the situation worsened, forcing him to seek medical attention.

“I went to a local clinic within Thika town, where the doctor further suggested that I had severe malaria which required specialized treatment. I was offered an injection, anti-malarial tablets and strong pain killers,” he recalled.

One month later, Maina’s health was still deteriorating, this time characterized by weight loss.

Malaria

As a result, he went back to the clinic, where he was referred to the Kenyatta National Hospital for specialized treatment.

But at the national facility, his hopes of healing were further diminished  when he was once again informed that he suffered from malaria and that he had too much acid in the body.

“They gave me more anti-malarial drugs which they said were more effective, and that I would recover immediately,” he said.

But after another month with the same symptoms, he went back to the KNH, where the healthcare providers begun suspecting that he had cancer of the abdomen (due to the continued stomach ache and related symptoms), coupled with much acid in the body.

“The possibility of having developed cancer scared him stiff,” said Maina.

However, without relenting, he decided to confirm his fears at the Thika Medical Centre.

“The doctor looked at my records, examined me, and made the same conclusion, that there was a possibility of cancerous cells developing in my stomach and that I had a lot of acid in the body. He however advised me to raise Sh7,000 for a laboratory check-up to confirm the suspicion,” he said.

By then, Maina worked as a casual labourer in the construction industry, thus Sh7,000 was a lot of money for him to raise.

However, after six months he raised the cash from friends and relatives and went for a laboratory check up.

“At that time, I had lost more weight, and I had a swelling which appeared like a boil on one of my testicles.”

When he went for the results after three days, he learnt that he had two growths, one in the stomach, and the other one on his testicle that were highly suspected to be cancerous.

But because of the new swelling on his testicle, he was referred to an urologist for further examination.

And upon visiting the expert, the doctor could not wish away the possibility of cancer, thus took a specimen for cancer screening. 

“Any other medical expert would have suspected cancer. But after we took specimen for the lab test, the possibility of cancer was ruled out, and TB was confirmed positive,” said Dr Waihenya Githiaka, a consultant surgeon and an urologist based in Nairobi and Thika.

At this time, one part of Maina’s body had been paralyzed.

“I discovered that the patient had suffered from TB of the abdomen, and the bacteria had spread to one of his testicles.

“And since the organ had been damaged badly due to the disease progression and several medications, I performed a surgery on him to clip it out, and immediately he was put on TB treatment,” said Dr Maina.

Months

The man, who was then a father of one, was enrolled into the free TB treatment scheme at the Murumba Mission Hospital in Thika for medication that would last for eight months.

“Within one month of treatment, I regained energy, the paralyzed part of the body came back to normal, and the abdominal pains eased,” said Maina, as he held the last packet of 28 TB drugs he was to take in two weeks in order to complete the dose.

However, even without one of those important organs of reproduction, he got his second baby boy with his wife four months ago.

According to Dr Joseph Sitienei, the head of Kenya’s Division of Leprosy TB and Lung Disease, TB comes in two forms; that affecting the lungs and those which attack other parts of the body.

“TB occurring in the lungs is referred to as ‘pulmonary TB’ while TB out of the lungs is called ‘Extra-Pulmonary TB’,” explained Dr Sitienei.

According to government official records as per last year, 110,016 cases of extra-Pulmonary TB had been diagnosed in Kenya, amounting to 20 per cent of all TB cases confirmed in the country.

“Among all the cases of extra-pulmonary TB, we usually achieve treatment success rates of 82 per cent, death rate of six per cent, and out of control rate of eight,” added the doctor.

Brain

Experts say that contrary to the common perception in the public that TB affects only the lungs; the truth is that the disease can easily attack any part of the body except from the hair.

The most common parts of the body affected by TB include the chest cavity, the abdomen, urinary tract systems and joints.

Source: Daily Nation

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Kenya Launches Country’s First Viral Music Video

Posted by jambonewspot on March 24, 2010

Licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 Unported Licence by Just A Band

Licensed under a Creative Commons Attribution-Noncommercial-Share Alike 3.0 Unported Licence by Just A Band

By Cassandra Vinograd

Boy group Just-a-Band have sparked what many are calling Kenya’s first viral sensation.

Conjuring up references to 1970s cult classics like “Shaft,” Just-a-Band’s latest video, “Ha-He,” introduces the fictional Makmende sporting shades, chains, an Afro pick and what appears to be polyester. Directed by Jim Chuchu and Mbithi Masya, the clip is a tribute to “ass-kicking” of days past — even the name “Makmende” is a throwback to a word used in mid-1990s Nairobi to connote a know-it-all or local hero (and bully.)

The video — with “Big-G,” “Godfrey and the Laydayz,” “Black Sahara” and others backing up Makmende — has drawn more than 24,300 hits in the week since its release and the success doesn’t end there. Kenyan bloggers and Tweeters have seized on the video and launched a campaign for the man they’re calling Kenya’s very own Chuck Norris — complete with one liners about Makmende’s superhero skills and prowess. Makmende on Facebook has already collected 19,200 fans — with more joining by the minute.

Makmende has a number of catch-phrases to his credit, including “Just heard that #Makmende can tweet 141 letters!”; “Some people wear Superman pajamas. Superman wears #Makmende pajamas”; “#makmende is so cool, Even his enemies list him as their emergency contact number”; and “#Makmende can never have a heart attack, his heart is not so foolish to attack him.”

Observers are abuzz over how Kenyans are embracing social media to canonize one of their own — and the prospects for branding and merchandising aren’t lost on them. Orders for Makmende T-Shirts are being advertised in several places on the net, while blog commenters are calling this a “new frontier” for Kenyan artists.

-The Wall Street Journal

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