A fresh attempt by Trans Nzoia Senator Allan Kiprotich Chesang and eight co-accused to have their Sh17 million fraud case thrown out collapsed on Thursday, after the complainant told the court he is yet to receive the full payment allegedly made to settle the matter.
Appearing before Milimani Chief Magistrate Dolphina Alego, Johnson Mwanzia Wambua the complainant in the fraud case said he has not received Sh5 million that the accused claim to have deposited through his lawyer.
Wambua maintains that the full sum allegedly obtained from him under false pretenses remains unpaid.
The court heard that Senator Chesang and his co-accused had moved to terminate the case, arguing that the matter had been settled the matter out of court
However, the prosecution, led by a state counsel, strongly objected, stating that the alleged payments were in dispute and the complainant had not acknowledged receiving them.
Magistrate Alego declined the request to drop the charges, directing the accused persons to produce conclusive evidence of payment.
The magistrate also granted investigating officers two weeks to probe the accounts of the complainant’s lawyer to verify whether any funds were transferred and if they failed to reach the intended recipient.
The accused including Chesang face multiple serious charges, including forgery, uttering false documents, and obtaining money by false pretenses.
The charges stem from an alleged fraudulent tender scheme involving fake contracts to supply jute gunny bags to the Kenya Defence Forces.
Prosecution allege that the accused persons jointly forged contract documents and letters of award purporting to be from the Department of Defence, convincing Wambua to part with a total of Sh 14 million in two tranches Sh6.5 million and Sh7.5 million under the pretense of fulfilling a classified KDF supply tender.
The case is scheduled for mention in two weeks to confirm the out of court settlement.
