Meet Kenya’s Chief Justice who was born in Guyana and buried at Moi’s bridge

MILLER-SNR Cecil Henry Ethelwood Miller-PHOTO-COURTESY

Chief Justice, the late Cecil Henry Ethelwood Miller Sr, served from 1986 to 1989.

The native of British Guyana came here at the invitation of Mzee Jomo Kenyatta, then Kenya’s Prime Minister, in 1964.

Kenyatta awarded Miller the Elder of the Burning Spear (EBS) in 1970, while retired President Daniel arap Moi appointed him judge of the Court of Appeal in 1978.

He became famous for chairing the Judicial Commission of Inquiry on former Attorney General Charles Njonjo in 1983.

He died on September 4, 1989 and was buried at his Moi’s bridge farm.

This article was published by the NAIROBIAN on September 28, 2017

Why Chase Bank ‘borrowers’ charged with stealing Ksh58 million from collapsed institution may be set free

The DPP erroneously charged a couple with stealing Ksh58 million from Chase Bank but in actual sense, they had borrowed the money to buy a property whose title was deposited as security against the loan, veteran lawyer Cecil Miller has told a trial court in Nairobi.

See what he said in this video

Miller told the court that the bank itself refers to the funds in question as ” loan status” and in effect, there was no resultant blockage of accounts as naturally follows in cases of stolen funds.

He produced a copy of correspondence where the bank tells the couple to “kindly arrange to clear the arrears-being arrears of the loan in question.”

“The DPP charged borrowers…how was the Ksh58 million a subject of theft,” Miller wondered and added that the money in question was genuine loan facility. Watch video below

He said the charges against the two fall below par “by virtue of failure to disclose particulars necessary-how did they steal, how much did they get?” the lawyer posed.

He said the nature of the charges as drafted do not disclose an offence, neither is taking a loan and being in arrears an offence.

False accusations
Miller said the false accusations are defective and that the suspects should not answer to them.

Prosecuting counsel Warui Mungai, dug in, insisting that the prosecution be given an opportunity to prove that the money in question was not a loan. See video

Miller also raised an objection to a charge of conspiracy to defraud Chase Bank which lumps the couple with the institution’s former directors and went to great lengths to prove that they were not, and have never been directors of Chase Bank.

Blood brother
He also said the couple had been charged merely because Nasrullah is a blood brother to Zafrullah Khan, the bank’s chairman, a fact the prosecution knew all along during investigations.

A ruling on whether to free the couple will be on October 3 2017.

This article was published by JUSTICENOW.CO.KE on September 16, 2017

Directors want their Sh1.6bn Chase Bank case quashed

Two directors of a company accused of conspiring to defraud the collapsed Chase Bank over Sh1.6 billion and stealing $588,000 (currently Sh60.5 million) have denied the charges terming them as “fatally defective”.

Mr Mohammed Nasrullah Khan and his wife, Amira Claudia Khan, have urged senior principal magistrate Ms Martha Mutuku to quash the criminal charges filed against them by the Director of Public Prosecutions (DPP) Keriako Tobiko.

Defence lawyers Cecil Miller and Peter Wena told Ms Mutuku that the couple who are directors of Golden Azure Investments Limited were advanced a loan of $588,000 by the collapsed bank in 2012 to purchase some property at the Coast in 2012.

“A loan of $588,000 was disbursed by Chase Bank Ltd through the suspects company Golden Azure Investments Limited on January 7, 2015,” Mr Miller told the court.

The magistrate heard that Mr Khan is a brother of the former chairman of the bank, Mohammed Zafrullan Khan, who has been charged alongside Duncan Kabui Gichu, James Mwaura Mwenja, Makarios Omondi Agumbi, Abdul Ahmed Samji, Harish Shah, Amira and Nasrullah.

Nasrullah and his wife Amira, who are yet to plead to the five counts against them, said there is an ulterior motive in charging them as they are relatives of the chairman of the collapsed bank.

This article was published by the BUSINESS DAILY on September 14, 2017

Ten in Sh8bn Karen land case off the hook

Ten people and a company charged alongside former Cabinet Secretaries Charity Ngilu and Michael Kamau in the Sh8 billion Karen land case have been freed.

The Court of Appeal quashed the criminal charges against the 11, saying they were investigated when there were no commissioners at the Ethics and Anti-Corruption Commission (EACC). Those charged alongside Mrs Ngilu, now Kitui Governor, include former National Social Security Fund managing trustee Josephat Konzolo. They were accused of engaging in illegal transactions in the land deal.

Mrs Ngilu and Mr Kamau, who was accused of irregularly altering a drawing for a road leading to the loss of Sh33 million, were cleared earlier by the Court of Appeal.

Those charged alongside Mr Kamau included former Principal Secretary Gilbert Mong’are Arasa, who was being defended by lawyer Cecil Miller.

Terminating the cases, Court of Appeal Judges Milton Makhandia, William Ouko and Kathurima M’Inoti said the trial was irregular.

INVESTIGATIONS

The EACC began investigations after receiving a directive from President Uhuru Kenyatta, when he made a State of the Nation address to Parliament on March 26, 2015.

The President directed the EACC to conclude investigations within 60 days, then forward the file to Director of Public Prosecutions Keriako Tobiko for action.

Soon after the presidential address, five ministers were suspended. These were Mrs Ngilu (Lands), Mr Kamau (Transport), Mr Michael Chirchir (Energy), Mr Kazungu Kambi (Labour) and Mr Felix Koskey (Agriculture).

JUDGMENT

Defence lawyers Miller, Hiram Kago and Stephen Bundotich on Thursday told Anti-Corruption Court Senior Principal Magistrate Lawrence Mugambi that the same way Mrs Ngilu and Mr Kamau were freed, all the remaining 13 suspects had been released by Appellate Judges Makhandia, Ouko and M’Inoti.

Mr Kago told the magistrate that the appellate court directed them to present their decree and judgment to the Judicial Review and Constitutional Division for further directions.

“We have been directed to present the Court of Appeal decree quashing the criminal trial against the 13 suspects for issuance of fresh directions,” Mr Kago said. “We have already filed a fresh application at the High Court for further directions.”

State prosecutor Ashimoshi Shitambashi confirmed that he was aware of the Court of Appeal orders quashing the prosecution of the 11.

This article was published by the DAILY NATION on September 8, 2017

Reprieve for couple in Ksh1.6 billion Chase Bank fraud case as lawyer Cecil Miller objects to charge

Veteran lawyer, Cecil Miller, managing partner, http://milleradvocates.com/ objected to the prosecution of two suspects caught up in the whooping Ksh1.6 billion Chase Bank fraud case and won an instant reprieve for the couple whose only offense seems to spring from having received a loan from the blacklist financial institution.

The lawyer has once more questioned the validity of the charges facing Amira Claudia Wagner Khan and Mohammed Nasrullah Khan, after the BFID accused them of stealing Ksh 580,000 from Chase Bank and participating in a conspiracy to defraud the bank.

Court summons four more ex-Chase bank managers in Ksh1.6 billion fraud case

“We have complied with summons for the 7th and 8th accused…I have filed an application served to the DPP which should be dealt with prior to the seventh and eighth accused persons taking plea, of which if successful then the issue of plea will not arise,” Miller said.

He said they are mounting a challenge against the charge sheet’s validity since as far as they are concerned “it is defective” in relation to Claudia and Nasrullah who in a Notice of Motion Miller states, only approached the bank for a loan as directors of Golden Azure Investments Ltd in 2012- and were advanced a loan they have diligently repaid to date.

The application by Miller, the court ruled, had merit and had to be dealt with first before the case proceeds.

Dismissal or exclusion

Miller wants a dismissal or exclusion of the charge facing his clients.

He states that though the DPP wants to charge Wagner and Nasrullah with stealing in” actual sense they had advanced a loan facility from Chase Bank…”

Miller states in a certificate of urgency filed in court that they simply approached a financial institution for financing to purchase a property and like any other ordinary customer, were advanced a loan facility…

Prosecutor Warui Mungai had objected to the deferral of the “plea taking.”

Court documents

Court filings indicate that in 2012 the applicants approached Chase Bank with intention of purchasing a property from Drunit Investments Limited.

“The loan of USD 588,000 was disbursed to the applicants by Chase Bank Ltd. through Golden Azure Investments on January 7 2015….” the court documents read.

The court papers state that the security of the said loan facility was handed over to the bank being the Title Deed of the aforementioned property.

“Count number eight is defective in relation to the 7th and 8th accused and they should not take plea,” Miller charged.

Warrant of arrest

A warrant of arrest was however issued against two other suspects in the case after the court punished them for their absence in court!

Warui said he was aware Ahmed and Gharish Omar have since presented themselves to Banking Fraud investigators and were expected in court.

A lawyer representing the suspects told the trial court they expected the charges to be withdrawn, but was questioned why he did not bring his clients to court even after receiving summons on their behalf.

Miller’s application will be heard on September 7 2017.

This article was published by JUSTICENOW.CO.KE on September 4, 2017