Author: NLM Correspondent

TNLM Writer As the Imperial Bank storm rages, fresh questions are being raised in regard to how the bank’s directors allowed a Sh2 billion corporate bond to proceed even as it emerges they had been informed in good time by an internal whistle-blower that the bank was about to collapse. The issuance of the bond, which was eclipsed by its closure, lead to unprecedented losses for investors. The Nairobi Law Monthly has established that the directors of the bank were made aware of the fraudulent activities taking place at the financial institution at least two weeks before the Central Bank…

TNLM Writer “Truth will out”, the saying goes. But the veracity of this old dictum can at times confound, or cease to make sense, particularly in instances where a lie is manufactured, watered and tended to, to blossom into an alternative truth, one that then becomes the benchmark for what is to be said and/or believed. It is this “alternative truth” that the Central Bank of Kenya believes has been peddled and fed to the Kenyan public regarding the Imperial Bank saga. The admitted fraud at Imperial Bank Limited (IBL) was allegedly done under the patronage of a former group…

Paul Ogemba As the controversy surrounding the bankruptcy and closure of Imperial Bank continues to play out in court, several questions are emerging, many of them without answers. Was former Imperial Bank managing director the late Abdulmalik Janmohammed eliminated to conceal evidence of Sh38 billion stealing of depositors’ funds? Did Central Bank of Kenya know of the underhand dealings, illegal deposits and withdrawals in the bank? Was CBK part of the syndicate, and did it choose join the conspiracy with senior managers at Imperial Bank for over ten years without the knowledge of the bank’s shareholders? Evidence filed in court…

Prof. Paul Musili Wambua v John Katiku and 3 Others, civil suit no. 40 of 2015 On February 18, 2015, Professor Musili Wambua in Civil Suit No. 40 of 2015 moved to the High Court seeking orders to have the LSK Disciplinary Committee be barred from hearing a dispute in which his former partners at Wambua, Katiku and Musyoka advocates accused him of theft of the company funds and misrepresentation. He also sought temporary orders barring his former partners from transacting in any manner with the company funds pending hearing and determination of the substantive suit. Per the suit, to…

Ernest Garai The appetite for narcotics all over the globe seems to be insatiable, and it is growing every year. The visibility of Kenya’s involvement in a global trade system, estimated to be worth $352 billion (Sh35 trillion) annually, has increased both in participation and effect.  Risk acceptance and its evasion is perceived to be the main challenge for individuals associated with the trade, which has created an allure among those willing to play the high risk high reward game that is international drug trafficking. Popular discourse in Kenyan media and general social interaction tends to revolve around naming prominent…

John Ndar Immediately the results of last year’s controversial Kenya Certificate of Secondary Education examination were released last month, a series of interesting developments occurred. President Uhuru Kenyatta, in a terse statement from State House, announced that government had put special measures in place to end the problem of irregularities in national examinations, stating a special committee had been set up to do this. Days later, Deputy President William Ruto reiterated that cheating in national examinations would soon be relegated to the dustbin of history. To emphasize it, the DP outlined a one-month timeline within which the problem would presumably…

Dr charles khamala Karl Popper (1945) proposes that the Director of Public Prosecutions should articulate an annual prosecution policy. However, for the police bureaucracy to succeed in prosecuting the poor, Chambliss argues, they must covertly and selectively forgo investigating certain elite crimes. Unsurprisingly, our courts have only belatedly awoken to construe the 2003 Economic Crimes Act as shifting the burden of proof onto suspects to account for their unexplained assets. Furthermore, many crime victims are silenced. By conducting original interviews, Kippra attempts to rectify unreliability caused by the “dark figure” of unreported crime, which invariably distorts official statistics. In sum,…

Malice is the only thing one reads from the National Assembly’s amended Public Accounts Committee (PAC) Report on the special audit of Judicial Service Commission that required that six commissioners, including two judges and a magistrate, be investigated for financial impropriety. The report’s grave but hollow and unsupported recommendation making it to the cover of the local dailies is particularly telling. That report, together with amendments made on the floor of the House has far-reaching recommendations including that a Supreme Court judge, his Court of Appeal counterpart and a Chief Magistrate vacate their positions in the Judicial Service Commission (JSC)…

Shadrack Sharu Muyesu A century of pages later of what, according to me, was very thorough research work, all I did obtain in complement from my dissertation supervisor was the cold warning: “Thou shall not shall not loose heed of the centuries-old constitutional values in the quest to sound controversial… thou shall not sacrifice the old rules of law at the altar of innovation!” Yet even that couldn’t wipe the innocent glee of satisfaction off my face because all I heard was the shouting praise of novelty, albeit one delivered in such subtlety. Why? Because he had just confirmed everything…

Sunday Memba If the August House passes the Election Laws (Amendment) (No.3) Bill of 2015, (which is expected) it shall have done a dishonourable thing. It is an open secret that parliament is not made up of the best brains. Be that as it may, if Clause 23 of the Bill forms part of our law, it shall demonstrate that no modicum of common sense was even considered. But it is of no surprise as the Bill is introduced by one of them. Parliament enacted the Election Law Act no 24 of 2011 by virtue of Article 87(1) of the…