I´m a German investor and victim in Kenya

What happened and how the fraud was organised

Explanation:

In the beginning, I did not understand what was going on up there and how they could commit such crimes with impunity.
After I was informed by Lawyer Musomba`s wife, I took the lawyer Siganga and reported the matter to the police. At that time, I had no idea these officials were part of the whole fraud.

We (together with friends) send representatives to Kisumu to determine what else had happened and to inform the registrar and ministry of lands.
But the registrar transferred the properties against the knowledge that “Original Title Deeds” exist and the main-shareholder doesn`t agree!

In 2015 after the lawyer Mungla first refused to visit the chief registrar of lands in Nairobi, refused a primary injunction and also first refused to give me all information, I terminated our contract and requested all documents from him.

We found a lot of evidence and hints!

For me to understand better what really happened, I had to collect all the information and evidence in this website “What happened” that I`ve created.

We (together with friends) send representatives to Kisumu to determine what else had happened.

Then I`ve sorted out all information by date.

Imagine, now I`ve got the picture of what exactly happened, who played what role and how the whole fraud was organised.

As recommended, we`ve informed the investigation officer and requested him to assist us for the completion of that website.

On top, a statement of a magistrate has given me another picture, that the fraud could have been planned a long time before!

So, any information including evidence somebody can add – I would be very grateful.

- All information is sorted by date.

- Quotations are shown in italics

- When you click on such an icon, you`ll get the evidence, document or more information.

At this point, I am grateful to several Kenyan friends, reporters including people from the court and even Kenyans living in Germany who helped me to complete this Website and the information contained therein

One day this information will be useful to find out the whole truth!

Thanks in advance
Best regards from Germany
Rudi

Foreword:

2009 I´m Rudolf Marquardt from Germany and in 2009 I visited my in-laws in Maseno. On this occasion Valery introduced herself to me as a friend of my sister-in-law.

2010 My mother-in-law, the mother of my ex-wife and grandmother of my children, begged me to settle around Maseno / Kisumu. Her greatest wish was that 1 day her grand-children would be able to visit her.
So I bought a property with 2 parcels of lands in Kisumu / Riat. Because of the good knowledge of the people, I asked Valery, a good friend of my sister in law, Patience, to be my business partner. Valery´s life situation was not the best, she lived with a friend and her son together in a 2 room flat at 10houses (Area in Kisumu). I bought Valery in both companies of Rudolf Marquardt, KenitSol co. Ltd. and Rudi Marquardt Electronic co. Ltd. 1 share out of 10,000. Valery became my ladyfriend and moved with her son into the house of the company. She and her son got a special room, I`ve taken the master-room. Kitchen and living-room we shared. Later I start to build an own small house for her and her son together with my neighbour Mkulima and an architect in the background of the property. We only got to the foundation.

2011.02.05 I broke up with Valery after stealing from me twice.

2011.02. In need of a caretaker Lydia from DAL International in Kisumu and an Aunty of Valery from Kakamega begged me to forgive Valery and I agreed to give her a 2nd chance as a caretaker in the company house.

2011.02. Because of the broken trust with Valery, from February 2011 I changed my business to Nairobi and visited the house only sporadically when I visited the grandma of my children and friends in Maseno / Kisumu.

2011. I got to know Mrs. Loise Mwanyota in Nairobi and we put our companies in Nairobi together. We shared the office, rent which was paid by the husband Ernest Mwanyota and I brought my equipment from Kisumu and some more from Germany.

2012.06. Stefan Delno, a German friend in Kisumu, invited me to buy his hotel (Kenyan reference for Fast-Food with accommodation) to business together. The hotel brought in a monthly income of Ksh100,000 – Ksh150,000. Valery requested and begged me to give her the chance to manage that hotel because she needed school fees for her son for school and upkeep.

2012.07.26 After everything with the bank was clarified, I bought the whole equipment inside the hotel from Stefan Delno and Joan Chebet in August 2012 which in turn, I rented out to Valery. Valery had to pay a monthly rent of Kes40,000 to the landlord for the rooms and also to pay me Kes15,000 for renting her the whole equipment. The income of Valery was minus all costs east Ksh25,000 or more.

2013.01.13 I got the last payment by MPesa, Kes15,000.

2013.02. Valerie complained that because of the elections the turnover was so low that there was almost no income. In the knowledge that it is a good running hotel and after discussing with Stefan Delno, the former owner, I renovated the whole Fast-Food and invested again around Kes400,000 in new furniture and paintings.

2013.02. Because the accounting was done so badly and the rent was not paid to the landlord, I met the landlord in Nairobi and, to avoid anger, I paid him the whole rent for the last month out of my own wallet. Stefan Delno informed me (he was the owner of the restaurant next door), that the hotel is still running well.

2013.02. After a whole day sitting in the hotel, doing some repairs and looking at the business, I realized that the turnover was higher than reported. After looking in Valery`s books I realized that she was cheating me. I told her that she was cheating me again and if she didn’t stop it, I would throw her out completely.
All of a sudden, she attacked me with a knife and only the quick help of the employees rescued me. She threatened me with the chief of the police and a judge, who would bring my business down in Kisumu.

2013.08. My friends in Kisumu warned me that something strange had happened in my compound and my properties were to be sold soon.

What happened:

2013.August 1^st. reporting at the police headquarters in Kisumu about the fraudulent dealings on my properties! He sent Stefan Delno, the German owner of the restaurant “Green-Garden” in Kisumu with a power of attorney to the police

PoA Delno The DCIO, Mr. Henry Ndombi worked at this case and refused to assist Stefan Delno or me
The report had disappeared.

Statement Delno Statement of Stefan Delno, former owner of “Green-Garden” and the “Hotel”

2013.09.07 After advice from Lydia Osolika (Hotel DAL International in Kisumu) I ordered the lawyer Siganga from Kisumu to protect my properties and belongings. I was to pay the lawyer Siganga Kes40,000 as a deposit and send to him copies of the:

cc-Title-Deed “Original Title-Deeds” and also the

Sales Contract sales contract of the Fast-Food with accommodation (hotel).

2013.09.11 The wife of the lawyer Musomba contacted me and warned me by email, later by phone:
Florence Musau, the wife of the lawyer Joseph Musomba:
----- Original Message -----
From: Florence musau
To: rudi@rm-electronic.de
Sent: Wednesday, September 11, 2013
“...talk to Valarie to leave my husband alone in good faith. She is ruining my marriage and I understand she is also dating another man by the name Daniel lee kalungo who is a partner to my husband in the business though he has contributed zero capital and supposedly manager of the business.” ...

2013.09.13 I got really scared. I also got to know that the lawyer Joseph Musomba is one of the best friends of the lawyer Dave Siganga:
Dave Siganga:
“Hi sir I happen to know that lawyer he is my friend.
As discussed I shall strive to get the land register to stop any transactions on it”

2013.09.15 The lawyer Siganga got the fee he demanded

receipt payment by Western-Union to protect the properties and the hotel of Rudi Marquardt Company Limited

2013.09.16 The lawyer Siganga told Rudolf Marquardt to call the lawyer Musomba.

Call list Musomba The lawyer Joseph Musomba from Kisumu called me back immediately. He asked me about the ownership of the properties at Konambaya (Konya 4794 and Konya 5087) and also about the hotel in town. The lawyer Joseph Musomba explained that he is an advocate of the “High-Court in Kisumu” and he has to do some official search.
Because there is nothing to hide, I told him what he wanted to know. All of a sudden, the lawyer Musomba started to blackmail me, saying if I didn´t pay him a Million Kenyan Shillings, he will sell all the properties of my company in the name of the “High-Court of Kisumu”.

2013.09.19 3 days later the lawyer Musomba began to process a divorce case that never took place between me and Valery

case 31/2013 In this prosecution letter from the “Court of Kisumu” on page 5 they offered to show these forged title-deeds in the name of Valery!

accepted by cmc “Original stamped” by the “chief magistrates court”, some on the 19^th, some on the 20^th of September.
I was never married to Valery!

2013.09.20 Now the Principal Magistrate of Kisumu interfered with an order of the “Chief Magistrates-Court of Kisumu” in a divorce case without marriage
the lawyer Musomba served me with a Court Order, restricting me from interfering with the business known as “Morning Blue” along Odera Street in Kisumu.

sales contract The Court Order was used to sell all my belongings: Equipment, furniture etc.!

2013.09.20 My business-partner, Mrs. Loise Mwanyota, contacted the registrar of lands in Kisumu, Mr. George Gachihi and told him that there may be fraudulent dealings with the properties of Rudi Marquardt Company Limited. The registrar George Gachihi told her that he needed the “Original Title-Deeds” so that he can intervene.

2013.09.24 The lawyer Siganga:
“On Tuesday, the 24.9.2013” at about 3pm I confirmed with the Land Registry that there have been no dealings with the title. I did not obtain a search as I was under the impression that it would not serve any purpose since the land was apparently guarded, and apparently potential buyers had been warned it is not for sale.”

2013.09.24 The lawyer Musomba:
”On Tuesday, the 24.9.2013” he went to Gachihi, the registrar of lands to make the researches for Konya 4794 and Konya 5087.

2013.09.25 ”On Wednesday, the 25.9.2013” Victor presented George Gachihi, the registrar of lands, his authorization to clear the issues about faked “Title-Deeds” Konya 4794 and Konya 5087.
The registrar George Gachihi required for the “ORIGINAL Title-Deeds Konya 4794 and Konya 5087” to assist in this matter!

Auth-Victor Victor presented the registrar from the Ministry of Lands in Kisumu, Mr. George Gachihi his authorization:

2013.09.27 ”On Friday, the 27.9.2013”

Title-Deeds As ordered by George Gachihi, the registrar of lands in Kisumu, I`ve sent the certified and sealed copies of the “Original Title-Deeds” directly to my partner Loise. Loise informed the registrar of lands, Mr. George Gachihi and sent Victor the registrar with the “Certified copies of the Title-Deeds”, which Mr. Gachihi rejected, saying that certified copies of a German notary of public cannot be accepted in Kenya expect the Original.

2013.09.30 2^nd. reporting from Victor at the Police Headquarter in Kisumu about the fraudulent dealings of that lawyer Musomba and Valery. Victor presented the certified copies of the “Title-Deeds” and an authorization to indicate in my name about:
- Theft, altering/making faked documents, usurpation and other criminal activities.
Two officers, Simba Charo and Erfail Jeffnje, CID Kisumu and the DCIO of the police in Kisumu, Mr. Henry Ndombi worked on this case.
And the report disappeared!

meet-Victor Victor met and discussed with the Registrar of Lands in Kisumu, Mr. G.G.Gachihi:

BC Simba&Erfail The 2 officers from the Headquarter of the Police in Kisumu, Simba Charo and Erfail Jeffnje:

2013.10.02 Victor returned to Mr Gachihi’s office and stumbled on the buyer of my properties, Stephen Ojijo who broke into tears upon seeing the certified copies of the original Title Deeds Victor still on him.
Victor: Wednesday, October 2, 2013 4:30 PM
… having reached in time yesterday the buyer stephen ojijo was crying in te office of regisra …

2013.10.03 3^rd. reporting from Victor at the Police Headquarter in Kisumu about the illegal dealings of that lawyer Musomba and Valery. Victor was still around to find out what was going on. He reported about the theft and sale of Rudi Marquardt Company Limited´s chickens and cows in Riat. The police arrested Valery and booked her, but she released soon after an order from the police headquarter in Kisumu.
Victor also informed the officers Simba Charo and Erfail Jeffnje, CID Kisumu
This report disappeared too!

2013.10.05 4^th. reporting at the Police Headquarter in Kisumu about the crime.
On my behalf and my company, Victor tried again to report to the police in Kisumu about the theft, forgery, usurpation and other criminal activities.
Victor repeated again to the officers Simba Charo and Erfail Jeffnje, CID Kisumu
The report got lost!

2013.10.08 5^th. reporting at the Police Headquarter in Kisumu about the crime.
Victor again reported to the police in Kisumu to prevent the illegal transfer and the sale of my properties and personal belongings.
They visited my house together with the officers Simba Charo and Erfail Jeffnje, CID Kisumu
On this day everything in the house was still intact!
This report too got lost!

2013.10.16 ”On Wednesday, the 16.10.2013”:

Comp. Ltd. by Shares The registrar of lands, Mr. Gachihi, transferred the properties of Rudi Marquardt Electronic co. Limited to others without the consent of the owner.
“Original Title-Deeds” are not cancelled!
Neither the certified copies of the Title Deed we`ve delivered him, nor the shares of the company, nor the forged documents Valery produced could deter the registrar of Land, Mr. George Gachihi from transferring my land against my will.

2013.10. Somewhere end of October 2013, the lawyer Siganga called me and said he will not work any longer for me. About the security of my properties, he said – he does not care. And he just laughed into the phone when I asked him about the fee, I`ve paid him.

2013.11.29 6^th. reporting to the Police Headquarter in Kisumu the suspect dealings of 2 lawyers.
I came personally to Kenya and in the name of my company I presented some witnesses, namely:
- Ms. Loise Mwanyota, ID-No. 12959569, witness
- Mr. Ernest Mwanyota, ID-No., witness
- Ms. Alice Chepkemoi Ng’eno, owner of the properties before
I reported this time again directly at the Police Headquarter in Kisumu to the officers Simba Charo and Erfail Jeffnje, CID Kisumu about theft, altering/making faked documents, usurpation and other criminal doings.
Their Chief send the 2 IO`s to escort us to visit the Registrar Gachihi at the Ministry of Lands.

2013.11.29 As ordered by Mr. G. Gachihi, we went on this day to the ministry of lands in Kisumu, together with 6 witnesses, including the previous owner of Konya 4794 and Konya 5087 and presented him:

Sales Agreement the - Original „Sales agreement“,

cc-Title-Deed the certified copy of the Original „Title Deeds“,

Affidavit the – “Affidavit”.

The registrar of lands in Kisumu, Mr. G. Gachihi, said to us in front of all witnesses, that the lawyer Siganga has never warned him nor somebody else, that there were fraudulent dealings on these properties - Konya4794 & Konya 5087! - ???

witnesses Gachihi How, when Siganga visited him on the 24^th of September?
How, when we talked several times to him?
How, when he refused the “Certified Copies” from a German notary, dated on 27.09.2013, made especially for him?
How, ...
Mr. G. Gachihi has done copies of the “Original Title-Deeds” for his ministry and his folders.
Mr. G. Gachihi promised to correct these mistakes in the green-cards quickly in front of 6 witnesses.

2013.11.29 Myself together with the police-officers and my witnesses went to the properties.
The watchman was there, but not as promised from the lawyer Siganga!
I informed CID`s, Simba Charo and Erfail Jeffnje that all my entire, household, clothes, bed, office equipment and stock of my company & furniture’s including personal & company documents were all stolen. The CID`s promised prompt investigation.

List of theft From November 2013 to date, investigation has not yielded any results
The Police in Kisumu till today there has been no success?
The list of stolen items of Rudolf Marquardt

2013.12.05 Gachihi confirmed that Rudolf Marquardt presented him the “Original TITLE-DEEDS”!

Letter of Gachihi G. Gachihi, Registrar of Ministry of Lands, wrote this letter and sent it to the defendants.

2014.01.17 With receipt Number 3424589 the lawyer Mungla from Nairobi requested certified copies of the 2 Green-Cards Konya 4794 and Konya 5087!

Companies Act The Lawyer Paul Mungla received a copy of the COMPANIES ACT (CAP. 486) from the assistant Registrar of Companies, Department of the Registrar General, registered under:
CR12 CPR/2010/25658

2014.02.05 7^th. reporting and visit to the police headquarters in Kisumu about the case.
In person were
Myself, Rudolf Marquardt, ID No. C61RKF9RT
Ms. Loise Mwanyota, ID-No. 12959569
The DCIO, Mr. Henry Ndombi had taken away the case from Simba Charo and Erfail Jeffnje
and we were now required to report to officer Tambaa.

2014.02. CoIO Change of the investigation officer, now Mr. Tambaa.

2014.02.12 With the letter of the registrar I went to the ministry of lands, Upper Hill in Nairobi. After calling the “Anti-Corruption No.”, posted outside of the building, Mr. Vitalis Ragul, deputy director of public communications & Anti-Corruption), welcomes me.

I was told that ”With this letter of the registrar it is so easy that soon you`ll get your properties back.” Mr. Vitalis Ragul, deputy director promised: “We will arrange this for you!”

2014.02.14 Mr. Vitalis Ragul, deputy director, (public communications & Anti-Corruption), Ministry of lands in Nairobi:
has sent an official letter with instructions to his man in Kisumu to follow up on the case.
His last statement:
”Please be patient as we work on the case.”
I`ve never heard again something from him.

2014.03.03 The registrar of the “High-Court of Kisumu” registered the “Green-Cards 4794+5087

cc-Green-Card Green-Cards 4794+5087 registered at the High-Court on 03-03-2014

2014.05.22 Because it is a criminal case I must be present.

hearing Notice So I came by plane from Germany specifically for that hearing at the “High-Court of Kisumu”. My lawyer Mr. Mungla, Mrs. Loise Mwanyota and myself arrived from Nairobi in time.
Outside the court door was a notice that the judge had other important matters in Nairobi and therefore, would not be there - after travelling 8,000km. At this point I had incurred around Khs480,000 the money I am yet to be to be reimbursed.

2014.09.22 On another visit in Kenya to investigate what happened,
Ms. Sarah Mwenda, Chief-Registrar of lands in Nairobi called and asked me to see her the following morning in her office.

2014.09.23 Ms. Sarah Mwenda, Chief Registrar of Lands in Nairobi,
told me that on Monday she had called the new registrar of lands in Kisumu, handling my case, to visit her office in Nairobi. He explained to her that the entries from 2012 in the green-cards were fake and even the name of the registrar was faked.

2014.09. The CID-Headquarters in Nairobi took up the case and asked for a complete report of the police in Kisumu why the ads were not observed and why the crime had not been investigated.

2014.10.03 I also went with Ernest Mwanyota to the Advocates Complaints Commission again.
Ms. S. warned and threatened us that we should not disturb these 2 brave lawyers Siganga and Musomba in Kisumu.
The chairman of the ACC is also a lawyer Siganga from Kisumu! ???

2014.10. I also reported at Huduma in Nairobi about the theft in Kisumu and since so many officials are involved in this fraud, I begged them for help.
My business partner Loise assisted me.
Next time I was in Kenya I went there again. I was informed that my documents had disappeared.
3 times I reported at Huduma, then I got the order from the ombudsman/Westlands not to disturb them any longer because the case is at court.

2015.07.22 The Directorate of Criminal Investigations CID-Headquarters in Nairobi

Von: Tony Munga [mailto:XXXXXXXXXXXX@gmail.com]
Gesendet: 22 July 2015 02:26 PM
An: Rudi
Betreff: Re: WG: AW: AW: Reports at the police in Kisumu
Hi Rudi,

I hope this finds you well.

It is regretted that Kisumu police have not been helpful as per your expectations.

The office of the Director has given directions that the matter be dealt conclusively within two weeks.

Will get in touch then.

Directorate of Criminal Investigations

Office of the Director

regretted from CID Till today (September 2017) the efforts of the CID (Directorate of Criminal Investigations in Nairobi) have been unsuccessful.
All indications and evidence from 2013 are still under lock and key or disappeared!

2015.08.10 The CID-Headquarters in Nairobi:
“Hi Rudi,
It's true that two weeks are over but the police in Kisumu have been in touch with me even today saying they need more additional time. Just a little more.”

2015.11. The investigation officer Tambaa ordered me again to a hearing at the “High-Court of Kisumu” in January 2016.
For that planned hearing at the High-Court of Kisumu” in case 48/2014 I had again to fly especially for this to Kenya. This time the costs are much higher because of holiday season: around Kes674,900. The investigation officer refused to send me an official invitation.

2016.01.16 I met the investigation officer Tambaa and he informed me that he had to cancel the hearing on the 19^th of January in 2016 because the “Green-Cards” in the ministry of lands had been misplaced! The certified copies in court are not sufficient!

.. Green-Cards Green-Cards 4794+5087 are registered by the registrar of the “High-Court” at the High-Court on 03-03-2014!

The costs for hearings at the “High-Court” in Kenya for me as a German investor:
Around 1 Million costs and NO HEARING has happened!

2016.05.03 Directorate of Criminal Investigations in Nairobi.
“Dear Rudi,
The CID commander of Kisumu, Mr. Gachomo ( ######@yahoo.com) who has also been copied this mail, will get in touch with you. The Certified copies will be presented before court in the next hearing.”

2016. May Escorted by the personal assistant of the Director of Criminal Investigations, my witness Ernest Mwanyota and myself visited the CCIO, Mr. Gachomo at the Police Head-Quarters in Kisumu.
In a meeting Mr. Gachomo presented a new investigation officer, Mr. Shibeka. Mr. Shibeka promised quick help and serious communication with me.

.. Meeting in Kis In the presence of several witnesses and the CCIO, Mr. Gachomo, also the Personal Assistant of the Director of DCI in Nairobi I handed over the sealed and certified copies of the “Original Title-Deeds” to the Investigation Officer, Mr Shibeka, and he promised to hand over these documents to the “HighCourt” for registration in case 48/2014.

Title-Deeds Because the hearing was now cancelled twice after arriving in Kenya, the personal assistant of the director of CID, asked the investigation officer Mr. Shibeka to request the Court for reimbursement of all the costs of my future flights and personal security whenever I`m required at the “Environment & Land Court” or “Chief Magistrates Court”!
The IO, Mr. Shibeka promised this.

2016.06.CoIO Change of the investigation officer (No.3), now Mr. Shibeka.

2016.06.16 I reported at Internal Affairs Unit in Nairobi.
Mr. Leo Nyongesa, Director of Internal Affairs Unit in Nairobi, promised quick help.

2016.07.04 Internal Affairs Unit in Nairobi.
“Thanks Rudi, I understand your position and the difficulties you are undergoing, however we in the Unit shall ensure justice is done to you.”

2016.07.05 Directorate of Criminal Investigations in Nairobi.
“Dear Mr Gachomo,
The complaint, Mr Rudi, whose case is under your command has a problem with the current hearing date of 13th July 2016.
Kindly organise for an adjournment and have a new date assigned and communicated to him.”

2016.07. I begged my German lawyer to assist me and to work together with a Kenyan lawyer, because several Kenyan lawyers had promised to help but after a while or visiting Kisumu Court they withdraw under unknown circumstances.

2016.07.06 The “Environment & Land Court of Kisumu” received and registered the requests from my Lawyer in Germany and the correct mailing address for further communication with the Courts in Kisumu!

.. dep. registrar The registrar of the “ELCourt” confirmed the receipts of the documents!

2016.08… Because of health issues I was not able to visit Kenya.

2016.09.02 Internal Affairs Unit in Nairobi.
“I'm happy you are out of danger. We will call for the file from the CID for our independent review and further action.
Please have faith in our criminal justice system”

2016.10. A letter from the hospital that I`m not able in the moment to come personally to a hearing should be handed over to the “Court”!

2016.11.16 The Chief Magistrates Court received and registered the requests from my Lawyer in Germany and the correct mailing address for further communication with the Courts in Kisumu!

.. receipt The registrar of the “Chief magistrates Court” confirmed the receipts of the documents!

2016.11.22            The lawyer delivered demands and power of attorneys, both by email and by local delivery in envelopes!
-         No. 48/2014 in the fraud case about fake title-deeds and confiscation of the properties and belongings of Rudi Marquardt Electronic co. Limited.
The “ELCourt” responds and we were in contact with the deputy registrar, Ms. Mbulikah. We`ve not got all information, especially the date of a hearing!

-              No. 31/2013, in a fake divorce case without a marriage
The “Chief Magistrate Court at Kisumu” neither responds by email nor by local delivery.

-              No. 542/2015, a police case in which witnesses are not invited and important information from 2013, the year the theft happened, are under lock and key of the police.
The Office of the director of public prosecutions Kisumu neither responds by email nor by local delivery till 2017.

2017.05.24 My case was last in court on the 24th May 2017 when the same was adjourned because the trial court Hon. Agutu was away on maternity leave.
This I found out by coincidence in September 2017! Neither I, the plaintiff nor my lawyer was given notice of the hearing!

2017.07.17 In September 2017 I also found out by sheer coincidence that the Court had already

.. not dismissed

2017.09.17 In September 2017 I also found out by sheer coincidence that the Court had already planned to dismiss my case in Dec. 2017 without informing me, the plaintiff!

. wrong lawyer. The order was sent to a lawyer, who was from March 2015 no longer appointed at court and refused to inform the plaintiff!

.. change of lawyer Change of lawyer from March 2015

2017.09.20 At least:
In a Hearing at the Chief Magistrates Court the Court found out, that the properties were transferred with forged title-deeds!

judgement 20.09 The assigned lawyer Geoffrey Yogo from Kisumu informed me, the plaintiff, that he has been unable to deliver copies of the files for the court as he promised - till today!

2017.12.13 In the Hearing on the 13^th of December, in which the case 48/2014 was to be dismissed, my affidavit was presented by my lawyer Eric Garo Ondego from Ouma, Anyumba & Company in Kisumu

..Affidavit The Affidavit, certified and sealed by notary and verified by the German High-Court was handed over by the lawyer Eric Garo Ondego from Kisumu.
but a new hearing was agreed for the 7^th of February 2018?

..receipt Eric Eric Garo Ondego from Ouma, Anyumba & Company Advocates:
Today was OK.u case was not dismissed
and I was with Annet she can confirm the same and explain to you what the in charge said…

judgement 20.09 We found out much later that the lawyer Eric Garo Ondego from Ouma, Anyumba & Company Advocates in Kisumu did not file the affidavit with the court and has refused to hand it back – to date!

2018.01.16 Incidentally I discovered that the investigation officer had changed again. Now it is No. 4!
Investigation Officer Mr. Tanui:
I am well sir hope you too. The matter is slated for hearing on 7/02/2018 before the chief Magistrate's court in Kisumu. The matter has proceeded well. However, you are the only remaining witness hence your attendance is required to give evidence to that effect. Kindly attend on that day.
Regards Tonui
Cc Erick advocate

2018.01. CoIO Change of the investigation officer (No.4), now Mr. Tanui.

2018.02.05 I arrived in Nairobi to organise my final trip for the hearing on the 7^th of February!

2018.02.06 We were advised that afternoon that the hearing was slated for the following day!
Just as we started our trip to from Nairobi to Kisumu in the evening, the investigation officer Tanui informed us that the magistrate would not be in, so there was no need to travel.

2018.02.07 POSTPONED! The court again postponed the hearing 1 day after arriving in the country!
3^rd time that the court postponed the hearing after arriving in Kenya!
New date – 17^th of April

The costs for Hearings at a “Court” in Kenya for me as a German investor:
the 3^rd time that I had to come for a hearing to Kenya!
Around 1.5 million costs and NO HEARING has happened!

2018.04.17 This time round, it was upon my request for the court to postpone the hearing to September 2018!

2018.04.20 The lawyer Eric Garo Ondego from Ouma, Anyumba & Company Advocates in Kisumu

.. Eric confessed that he has embezzled the affidavit. He has never delivered the affidavit to the Environment and Land Court on 13^th of December 2017! On request he refused to hand over that “Original Affidavit”, sealed by German notary of public, certified by a German High-Court!

2018.05.04 This time my German lawyer got informed!

.. show cause The Environment & Land Court invited me or my representative
so the court in Kisumu showed that they are able to inform me!
6 days before the hearing (10^th. Of May 2018) and I`m more than 7,000Km away!

2018.05.08 My representative Ms. Annette presented me as required by law and registered several documents with the court registry from my German lawyer and

..registered a copy of the affidavit.

2018.05.09 According to the dates in ruling document the case was determined and signed on the 9^th May 2018 by Hon. Judge Kibunja and not the 10^th May 2018, the day of the hearing

.. ruling So the case of the plaintiff Rudolf Marquardt was dismissed 1 day before the official hearing ?!!

2018.05.10 Ms. Annette represented the plaintiff Rudolf Marquardt in court on time!

The case was dismissed 1 day before the official Hearing!

2018.11.08 Ms. Annette presented Rudolf Marquardt as required by law and registered several documents from the German lawyer at the Court registry

2018.11.14 Hearing at the Law Court in Kisumu in case 542/2015!

.. ruling LC Rudolf Marquardt has to come for this hearing especially from Germany
A request for cost reimbursement was denied by the DPP!
As later sift out, the DPP Mrs. Caroline and even the Investigation officer Mr. Tambaa hided at court registered documents and evidence!

2019.0x. Several requests for the ruling of Hearing 542/2015 in Nov. 2018 remained fruitless

2019.02.12 Ruling dated and delivered from Hon. M. Agutu, Senior Resident Magistrate
The plaintiff Rudolf Marquardt don`t got informed

2019.02.15 Request to ODPP, Mr. Haji, in Nairobi:

Request ODPP for Assistance to get Justice in Kenya !

2019.02.26 Official edition of the ruling from Nov. 2018 in case 542/2015
The plaintiff Rudolf Marquardt don`t got informed

2019.05.08 Several requests of the ruling in case 542/2015 remained fruitless till this day in May 2019!

.. ruling LC My contact I had sent to the Kisumu Law Court to enquire about the case and the answer I later got was thus, the case was dismissed due to lack of evidence, the very evidence the prosecution had obtained!

- - 1. The DPP of Kisumu office opted to conceal the evidence from the Magistrate.

- - 2. From the DPP’s conduct it was obvious she did not intend to allow the investigation officer to avail copies of the “Original Title Deeds” certified by a Commissioner for Oath and gave no reason for not producing them!

- - 3. The conduct of the DPP in court was that of an advocate of the accused person and not the State. By declining to appeal the court ruling it was obvious she acquiesced to the court’s decision sanitising the

- - 4. The DPP saw no need to have the Registrar of Lands G. G. Gachihi clarify why in Sept. 2013 he rejected certified copies of the Title Deeds by a Commissioner for Oath presented to him by my representative with power of attorney and instead the registrar, Mr Gachihi gave instruction that I must produce the original Title Deeds in November, and not any time before then which I did when he, Gachihi had indeed started the process of transferring my properties. It is therefore clear that the Registrar of Lands just needed time to transfer my properties without my knowledge, consent or the Title Deeds which are still in my possession.

- - 5. It is also baffling why the DPP remained silent on the matter in court when the officer who investigated the matter is aware and was available to adduce evidence.

2019.05.30 Complain to ODPP, Mr. Haji, in Nairobi:

Complain ODPP and request why the DPP withholding from the court the documentary evidence and declined to call the witnesses and witnesses’ evidence!

2019.07.17 Complain to ODPP, Mr. Haji, in Nairobi:

Complain ODPP about the premeditated move or sheer ineptitude of the DPP withholding from the court the documentary evidence and declined to call the witnesses and witnesses’ evidence!

2019.07.24 2nd. Report to the Office of the OMBUDSMAN in Nairobi, Westlands:

ODPP My first request from February 2019 to the ODDP, Mr. Haji is still not responded.
Several others followed, also till today not responded
Because my last request is from July 2019, I have to wait another 4 weeks before reporting at the Ombudsman again!
Too, as a foreigner, I have to go to the website of the OMBUDSMAN and check for an official form. Then submit this form over the internet.
I couldn`t find such a form.
My first Report several years ago in the same matter at the OMBUDSMAN was closed.

2019.07.25 Report to the Office of the OMBUDSMAN in Nairobi at the Supreme Court:
finally I found an open ear and assistance. They work now at my case

2019.11.06 Request to the LAW COURT in Kisumu for the Court proceedings in case 542/2015 from Nov. 2018.
Because the notices of the proceedings were not yet typed, they must type them first. My representative shall pick them up on Tuesday, the 12^th of Nov., on request on 12^th they should be ready on Thursday, the 14^th.

2019.11.15 COURT proceedings in case 542/2015 from Nov. 2018.
On 15^th of November 2019, my representative went to the registrar of the Law-Court in Kisumu to pick up a copy of the “court proceedings”!
The documents and even the notices are not traceable, had disappeared!

2020.02.03 “legalised by the Kenyan Embassy in Berlin, Copies of the Title-deeds” were handed over
by my representative to Mrs. Farida Karoney, Cabinet Secretary of Ministry of Lands and Physical Planing in Nairobi:
legalised by the Kenyan Embassy on 31.02.2020

.. Konya 4794 Certified and legalised copy of the Title-Deed Konya 4794
https://www.rm-electronic.com/ke/court/docu/Title-Deed-4794_certified_legalised_ss.pdf

.. Konya 5097 Certified and legalised copy of the Title-Deed Konya 5097
https://www.rm-electronic.com/ke/court/docu/Title-Deed-5097_certified_legalised_ss.pdf

2020.10.23 Response by George Onyangweso, County Land Registrar Kisumu

.. Onyangweso there are no transfer documents in support of the said transaction through the director Rudolf Georg Marquardt

2021.04.15 The Senior Assistant Chief Land Registrar, Mr. N.D.Nyambaso confirmed:

.. Nyambaso that the properties was transferred even that there are no transfer or consent to transfer documents in the parcel file in support of the entry on the land register!

2021.12.02 POSTPONED! Hearing at the Environment & Land Court at Kisumu in case 48/2014!
the Hearing was hold by MS Teams. Because the 1.st defendant was not available and the Senior Assistant Chief Land Registrar was not invited, the hearing was again postponed to the 6^th. Of May 2022, later to the 3^rd. of May 2022.

Balance sheet as of 31/12/2021

Gachihi .G. Gachihi, Registrar of Ministry of Lands, confirmed that Rudolf Marquardt presented him the “Original TITLE-DEEDS”!

.. Onyangweso .George Onyangweso, County Land Registrar Kisumu, confirmed that there are no transfer documents in support of the said transaction through the director Rudolf Georg Marquardt

.. Nyambaso .Senior Assistant Chief Land Registrar, Mr. N.D.Nyambaso stated again that the properties were transferred even that there are no transfer or consent to transfer documents in the parcel file!

We reach now “YEAR 8” at Court in Kenya!

2022.05.03 POSTPONED! Hearing at the Environment & Land Court at Kisumu in case 48/2014!

..ELCourt the Hearing failed because it was a public holiday in Kenya.
Again, the hearing was postponed now to the 6^th of Dec. 2022.

2022.08.23 POSTPONED! Hearing at the LAW COURT at Kisumu in case 627/126/2022 at 10am!
10 minutes before start the Hearing was postponed because???
The hearing was transferred now to the 30^th of Oct. 2022, which is a Sunday!?

2022.12.05 POSTPONED! Expected Hearing at the LAW COURT in Kisumu in case 627/126/2022 at 10am!

.. statement Rudi . Embezzlement of evidence from Investigating Officer & Prosecutor
Hearing was postponed to 18^th of April 2023

2022.12.06 Expected Hearing at the Environment & Land Court at Kisumu in case 48/2014:

.. Nyambaso .Senior Assistant Chief Land Registrar, Mr. N.D.Nyambaso stated again that the properties were transferred even that there are no transfer or consent to transfer documents in the parcel file!

Balance sheet as of 31/12/2022

Gachihi .G. Gachihi, Registrar of Ministry of Lands, confirmed that Rudolf Marquardt presented him the “Original TITLE-DEEDS”!

.. Onyangweso .George Onyangweso, County Land Registrar Kisumu, confirmed that there are no transfer documents in support of the said transaction through the director Rudolf Georg Marquardt

.. Boor .Land Registrar Monicah Boor stated, that the entries 6 & 7 in the “Green-Cards Konya 4794 & Konya 5087” are forgeries!

We reach now “YEAR 9” at Court in Kenya!

2023.04.18 POSTPONED! Hearing at the LAW COURT at Kisumu in case 627/126/2022 at 9am!
10 minutes after 9am the Hearing was postponed to 10am!
At 11am the hearing was postponed now to the 23^rd. of May. 2023!
Reason: Tambaa's lawyer was missing

2023.05.03 POSTPONED! Hearing at the Environment & Land Court at Kisumu in case 48/2014!
the Hearing was postponed to 9^th. of October 2023
Reason: Gachihi has been summoned to appear before another court in Nairobi!

2023.06.26 POSTPONED! LAW COURT at Kisumu in case 627/126/2022!
the Hearing was postponed to 12^th. of September 2023
Reason: the magistrate wasn’t present.

2023.09.12 expected Hearing at the LAW COURT at Kisumu in case 627/126/2022!

.. Boor Land Registrar Monicah Boor confirmed in her Statement
that in the “Green-Cards Konya 4794 & Konya 5087”, in entry 6 & 7 her signatures are forgeries.

2023.10.09 expected Hearing at the Environment & Land Court at Kisumu in case 48/2014!

Letter of Gachihi G. Gachihi, Registrar of Ministry of Lands, is to be questioned

The costs for hearings at a “Court” in Kenya for Rudolf Marquardt as a German investor:
>>> 3 times the hearing was postponed by the Court after arriving in Kisumu or in Kenya!
>>> 1 time the Court was not able to judge correctly, because the DPP and the IO in Kisumu hided the evidence to the judge!
>>> Only for cancelled Court Hearings the case has so far cost Rudolf Marquardt around Ksh. 1.5 Million!

- Justice delayed – justice denied !

In case 31/2013:

- All my equipment and personal belongings were sold in the time the magistrate forbid me
to enter my business in town!
Is this the practised legislation in Kenya?

In case 48/2014:

- Transferring properties with forged Title-Deeds!

- Faked entries in the Green-Cards!

- Transfer of properties before Title-Deeds are surrendered!

- Selling properties of a Limited Company - with only 1 share ?

- The Ministry of Lands confirmed that the properties were transferred even that there are no transfer or consent to transfer documents in the parcel file in support of the entry on the land register!

In case 542/2015:

- A hearing at the Law Court in Kisumu was set for should be
on the 14^thof November 2018!

- The Investigation Officer withhold the certified and sealed copies by notary of public from
the “Original Title-Deeds Konya 4794 & Konya 5087” and refused to present them to the judge!
He also refused to present the letter of the Registrar of Lands, where he confirmed that I`m in the ownership of the “Original Title-Deeds Konya 4794 & Konya 5087”!

- The prosecutor in knowledge of that important documents refused to inform the judge! All necessary information, links etc. I`ve delivered her by whatsapp or email.
She was very careful that I couldn`t say more than “YES” or “NO”. Every request or explanation from my side she cut my words.

- The provided translator translated incorrectly, whereupon I refused further translations.

- Judge Hon. M.Agutu acquitted the accused because of not sufficient evidence!
Evidence which was not presented
by the Investigation Officer and the Prosecutor !!!

Who can assist
to get justice in Kenya?