Musalia aide fraud case deferred to next week to allow charge review
By Alphonce Mung’ahu, August 6, 2024
A Nairobi court has deferred plea taking in a Sh5.8 million fraud case against Director of Office of Prime Cabinet Secretary (OPCS) Press Service Salim Swaleh and four others to August 14.
This was after the Director of Public Prosecutions (DPP) through Senior Prosecutor James Gachoka informed the court that the accused persons had written to the DPP to review the criminal charges against them.
Gachoka asked the court to have the plea deferred to next week to enable the DPP to review and make the final decision on the matter.
Swaleh, through lawyer Danstan Omari, said he had written a letter to the DPP and adduced new evidence in the fraud allegations for him to consider before they answer to the new charges.
Consequently, the Magistrate Bernard Ochoi allowed the prosecution’s request and postponed the case to Wednesday next week to await the DPP’s decision on whether he will withdraw the fraud case or proceed to trial.
The DPP had on July 31, approved three charges of conspiracy to defraud, attempt to obtain money by false pretenses and abuse of office against Saleh, Otieno Michael, Terry Sese, Daniel Gogo and John Wabomba.
The case against the five is that they fraudulently induced foreign nationals from Dubai and South Africa to secure a tender for constructing two stadiums for the Africa Cup of Nations (Afcon) to be staged in Kenya in 2027.
It is alleged that the complainants who own the firm namely Nexor -Emea Engineering Consultancy Company were to be defrauded of over Sh5 million as registration fee.
Swaleh is accused that on June 24 at the Prime Cabinet Secretary’s office located at Kenya Railways Headquarters within Nairobi County, being a person employed in the Public Service as the Director of Press Service allowed one Otieno Japolo Michaels to hold a meeting of investors in the said office representing himself as the Chairman, Government Delivery Unit, an act which was prejudicial to the said office.
The suspects are out on a cash bail ranging between Sh400,000 and Sh200,000.