National

By Nancy Gitonga | 4 hours ago

A Deputy Registrar of the High Court, Joseph Kiverenge, has been jailed after failing to produce Sh13.3 million in exhibits recovered by police from two suspects.

Kiverenge served seven days in jail from January 3 to 10 after he failed to produce the money which was for verification before Justice Alexander Muteti.

This was in an appeal lodged by the Director of Public Prosecutions (DPP) at the Milimani Law Courts challenging the acquittal of the two suspects behind the infamous Dubai Mall Heist of 2018, which saw a staggering Sh140 million stolen. 

The money, originally held as evidence in a criminal case involving two suspects, was crucial to the case, but Kiverenge's failure to present it before the High Court has now led to his imprisonment.

The funds in question were recovered by police in 2018 from Rebecca Mueni Musau and other suspects acquitted last year in July by the Milimani chief Magistrate, for lack of evidence.

The heist itself involved the theft of five million Dirhams (approximately Sh140 million) from Dubai's Transguard Company. 

Mueni and her co-accused, George Gitau Maina, were arrested after fleeing Dubai.

Upon Mueni’s arrest in Kenya, police seized millions of shillings from Mueni and Gitau at their houses, which became a focal point in the subsequent criminal case.

On July 10, 2024, a Milimani Senior Principal Magistrate, Robinson Ondieki, acquitted Mueni and Gitau, citing a lack of evidence. 

The trial magistrate had ordered the return of the recovered Sh13.3 million, but when the money was required for verification as part of the appeal process by the DPP, Kiverenge, responsible for safeguarding the exhibit, failed to produce it.

Despite repeated warnings from Justice Alexander Muteti of the High Court Criminal Division, Kiverenge did not comply with the court’s directives. 

Kiverenge who is currently a Deputy Registrar Employment and Labour Relations Court (ELRC) had been on Tuesday, December 31, 2024, indulged by Justice Muteti up to January 3, 2025, to avail the monies.

But Kiverenge defended himself saying he has since been transferred from the Criminal Division of the High Court to the Labour and that the money is available.

Kiverenge’s lawyer, Stanley Kang’ahi, attempted to explain the delay, stating that the key to the safe containing the money was held by a junior staff member who was on leave. 

“I urge my lordship to indulge Kiverenge up to January 13, 2025, when the staff who is keeping the key to the safe is back from leave then we produce the money,” Kang’ahi told the judge pleading for more time to avail the exhibit.

However, Lawyer Ishmael Nyaribo, representing Mueni, strongly opposed this request, emphasizing that the money was crucial to his client's case and must be verified without further delay.

Nyaribo said police recovered Sh13,300,000 from Mueni and Sh240,000 from Gitau on November 4, 2018, at Mwihoko Village at Githurai 45 within Kiambu County.

“All l need is for the court to satisfy itself that all the money Sh13,130,000 recovered from my client is there and is safely kept by the judiciary,” Nyaribo told the judge.

When Mueni and Gitau were charged Kiverenge was the one entrusted to keep the money in a safe at the Judiciary.

The money was produced as an exhibit before Ondieki during the hearing of the case by the investigating officer Emmanuel Ng’etich of the Directorate of Criminal Investigations (DCI).  

Nyaribo insisted that the money should be availed before the High Court and failure to produce the same for verification then Kiverenge be committed to jail for defying the court orders.  

On December 31, 2024, Justice Muteti directed Kiverenge to avail the money failure to which he would be committed to jail for contempt of court.

On Friday last week (January 3, 2025) Kiverenge failed to avail the money.

Justice Muteti, unyielding in his stance, found Kiverenge in contempt of court and sentenced him to seven days in jail.

The judge had previously warned Kiverenge that failure to comply with court orders would lead to imprisonment. 

"I find that you have disobeyed this court order to produce to produce Sh 13.3 million in your custody as earlier directed. Being a judicial officer, you are required to comply with court orders and l hereby convict you for contempt of this our order and sentence you to serve seven days in prison,' Justice Muteti said.

On January 3, Kiverenge was taken to Industrial Area Remand Prison at 5pm, where he remains until on Friday January 10, 2025.

 He is scheduled to appear before Justice Muteti on January 13, 2025, for further directions.

Justice Muteti also directed that an investigation be carried out to determine why Kiverenge failed to facilitate the court’s request to produce the exhibits for verification.

The investigation aims to shed light on the handling of the exhibits and ensure accountability in the judicial process.

  Mueni and Gitau were charged with stealing 5 million Dirhans (KSh140m) the property of Transguard Company on March 4,2018 at Deira City Centre Mall (UAE).

They were accused of stealing the money jointly with others, not before the court.

Acquitting the duo Ondieki said the main culprit of the theft was jailed in Dubai.

“The accused persons were treated as accomplices and as such they ought to have been charged in Dubai pursuant to Section 6 of the Penal Code,” Ondieki noted in his judgement.

The magistrate noted that the complainant in the case Salem Hamad Ayya Alshamasi was not called as a witness to lay basis for the loss of the money even though he had recorded a statement.

The prosecution stated that Mueni fled from Dubai after the alleged theft and was arrested while attempting to flee to Tanzania.

Ondiek heard Mueni was in the company of a driver of the complainant company when the money was stolen.

The driver identified by one name Charles allegedly stole the 5,000,000 Dirhams (KSh140m) and gave Mueni 3 million Dirhams.

Mueni was dressed like a Muslim when she walked into the Mall. She bolted away in a taxi.

Mueni boarded a Kenya Airways Plane and jetted back to Kenya.

Charles was later seen at Salah Street as per a CCTV footage.

Charles later gave George Gitau Maina 1,800,000 dirhams.

Gitau travelled to Doha, Qatar and later flew to Kenya.

Information about the theft was circulated by Interpol leading to the arrest of Mueni at Namanga by DCI officers who later recovered the Sh13.3m from her which they presented as exhibit in court.

It is this colossal sum that has landed the registrar in jail after failing to present it before Justice Muteti although he has maintained the money is there and it is safe.