Listen to This Article Enhance your reading experience by listening to this article.

Trial of a fraud case in which former revenue agency IT expert Alex Mtutuku and eight others are accused of electronic fraud leading to  the loss of close to Sh4 billion from Kenya Revenue Authority (KRA) failed to proceed after a witness failed to turn up in court.

The case was scheduled for hearing before Milimani Chief Magistrate Susan Shitubi but it could not proceed since the prosecution witness who was to be cross examined by the defence was not present in court.

However, the prosecution led by a Senior State Prosecutor applied for adjournment,saying the witness could not attend court because he is engaged in other official work. The court was informed that two other witnesses were present in court but they could only testify after the witness who was to be cross examined finished.

Defence lawyers protested that the prosecution was delaying by asking for adjournment in a seven-year old case which was filed in court in 2017. They urged the court not to grant prosecution application for adjournment, saying instead, the case be terminated and accused persons discharged for lack of evidence.

However, the magistrate declined the request and granted the prosecution application for adjournment. Shitubi granted the prosecution application and directed that the case proceed on June 3 and 4 as earlier set without further delay.

Alex is charged alongside Embakasi North MP poll loser Joseph  Kirai Mwangi. They are said to have masterminded the loss of close to Sh4 billion from the tax collector. Other accused persons are former police officer Calvin Otieno Ogola, Gilbert Kiptala Kipkechem , Lucy Katilo Wamwandu, David  Ndung’u Wambugu, Edward  Kiprop Langat, Kenneth Opere Riaga, Omar Ibrahim and  James Mwaniki Gakung’u .

All the accused persons denied conspiracy to steal from KRA, being in possession of a firearm, ammunition and acquiring unaccustomed goods. The prosecution alleges that the accused committed the offence between March 1, 2015 and March 1, 2016.

Alex And eight others have also denied interfering with the functions of the institution’s computer systems. Otieno Ogola is separately charged with the possession of an AK47 rifle and 24 bullets without a certificate.

On December 13, 2015 at KRA, Komen procured for himself registration of a motor vehicle by falsely pretending it was valid from the tax agency. Wamwandu, who was a supervisor at the domestic taxes department at the KRA is accused of stealing Sh1 billion.

Riaga is facing charges of abuse of office by altering and falsifying electronic records belonging to KRA. All the accused persons are out on bond ranging from Sh1 million to Sh300,000.

Earlier, the court was told there are indications Mutuku and his accomplices were working with suspects outside the country.