The DPP Renson Ingonga is reviewing a fresh Sh 5.8 million fraud case against Mudavadi’s press Secretary Salim Swaleh and four others.
When the case came up for plea-taking before Milimani Chief Magistrate Bernard Ochoi on Monday, August 5, 2024, the DPP through state prosecutor James Gachoka requested to have the plea-taking deferred to Wednesday, August 14, 2024.
DPP is perusing the file following new evidence availed to him. We are seeking to defer the plea for one week. We can mention the matter next week on Wednesday,” Gachoka stated.
This is after Swaleh wrote a letter to Ingonga asking him to review his Wednesday last week’s decision to approve that he be charged over the multi-million Stadia scandal.
“I did write to the DPP to review the decision to charge and l did submit voluminous new evidence. The DPP needs adequate time to go through it and make a decision based on the new facts,” Omari informed Milimani Chief Magistrate Bernard Ochoi.
Consequently, the magistrate 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 new development comes days after DPP had on Wednesday, July 31, 2024, approved three fraud charges of Conspiracy to defraud, attempted to obtain money by false pretenses, and abuse of office against Saleh, Otieno Japolo Michael, Terry Kemunto Sese, Daniel Omondi Gogo, and John Musundi Wabomba.
The prosecution of the five was okay after the Directorate of Criminal Investigations completed investigations into the allegations that they fraudulently induced foreign nationals from Dubai and South Africa to secure a tender for constructing two stadiums for the AFCON 2027 games
It is alleged that the complainants who own the firm namely Nexor -Emea Engineering Consultancy Company were to be defrauded of over Sh 5 million as a registration fee.
In the charge sheet filed in court by the DPP Swaleh is accused on June 24, 2024, 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 in the office of the Prime Cabinet Secretary in of the said office allowed one Otieno Japolo Michaels to hold a meeting of investors in your designated office representing himself as the Chairman, Government Delivery Unit an act which was prejudicial to the said office.
All five suspects are accused that on June 22,204 at the Prime Cabinet secretary’s office in the Director of Press Services office, Within Nairobi County jointly with others not before court, attempted to obtain a sum of USD 45.000 equivalent to Sh 5.800.000 from Nexor- Emea Engineering Consultancy company, by falsely pretending that you were in a position to secure tender for construction of two stadia in Kenya, a fact you knew to be false.
According to the prosecution, the complainants were led to believe they would meet government officials from the Ministries of Sports, Interior, and Youth Affairs, as well as senators from the Budget and Sports committees, to facilitate the tendering process.
Upon entering the Prime CS office, Swaleh reportedly facilitated a meeting where one of the suspects posed as the chairman of the Government Delivery Unit, promising to expedite the tender process for the foreigners.
The suspects are out on a cash bail ranging from Sh 400,000 and Sh 200,000
