Four suspects linked to the multi-billion Triton scandal were yesterday preferred with new charges in the long-drawn Sh 7.6 billion graft case.

Finance manager Mahindra Pathak and former senior Kenya Pipeline Company namely Benedict Mutua, Peter Mecha, Phanuel Silvano Okwengu pleaded to the fifteen charges sheet of conspiracy to defraud, fraudulent disposition of mortgaged goods, abuse of office and neglect of duty by public officers. 

In the amended charge sheet filed in court yesterday, the four accused persons are charged alongside oil fugitive Yagnesh Devani and Triton petroleum company limited who has been on the run since 2009 the case was filed in court. 

The fresh plea comes after Trial Magistrate Lawrence Mugambi allowed the office of the Director of Public Prosecutions to introduce fresh evidence in the case against tycoon Yagnesh Devani and five others.

On the amendment of the charges, the magistrate allowed the state to amend the same after the case was withdrawn against some accused persons.

They are accused of jointly disposing of 13 million cubic metres of diesel worth Sh32,047,783 without the consent of Emirates National Oil Corporation (Singapore).

Defraud mortgagee

The first count states “that Devani, Pathak and Triton petroleum company limited that on September 8, 2008, in the city of Nairobi county being Director, Finance manager, and a duly incorporated limited liability company, respectively and being the mortgagors of a volume of 19,186,130 cubic metres of AGO (Diesel) jointly and with intent to defraud mortgagee, Emirates National Oil Company (Singapore) Limited, disposed of a volume of 13,054,850cubic meters valued at US 10,446,888.36 and Sh32,054,783 of the said fuel to Total Kenya Limited without the consent of Emirates National Oil Company(Singapore) Limited, the mortgagee.”

They are all charged with conspiring to defraud several petroleum companies by purporting that Triton had diesel ready for sale at KPC storage in Kipevu.