The Director of Public Prosecutions (DPP), Renson Ingonga, has ordered the prosecution of Salim Swaleh, Director of Press Service in the Office of the Prime Cabinet Secretary (OPCS), along with four others, in connection with a Ksh 5.8 million fraud case.
This decision comes after the DPP declined a request by Swaleh and his co-accused to review the police file with the aim of having the charges against them withdrawn.
The case was mentioned on Thursday before Milimani Chief Magistrate Bernard Ochoi, where Senior Prosecutor James Gachoka informed the court that the DPP had issued instructions for the accused to take a plea.
“Your request by the accused persons to have the police file reviewed has been declined by the DPP, who has ordered them to take a plea,” Gachoka stated.
The magistrate subsequently deferred the plea to next Wednesday.
The charges stem from allegations that Swaleh, alongside Otieno Japolo Michael, Terry Kemunto Sese, Daniel Omondi Gogo, and John Musundi Wabomba, conspired to defraud foreign investors by falsely claiming they could secure a tender for the construction of two stadiums for the AFCON 2027 games.
The alleged fraud involved inducing the investors to pay over Ksh 5 million as a registration fee.
According to the DPP’s charge sheet, Swaleh is specifically accused of using his official position within the Prime Cabinet Secretary’s office to facilitate a fraudulent meeting on June 24, 2024. During this meeting, one of his co-accused, Otieno Japolo Michael, allegedly posed as the Chairman of the Government Delivery Unit, with the intent to deceive investors. This act, the DPP argues, was prejudicial to the integrity of the office.
All five suspects are also accused of attempting to obtain USD 45,000 (approximately Sh 5.8 million) from Nexor-Emea Engineering Consultancy Company, a firm owned by the complainants from Dubai and South Africa.
They allegedly promised to secure a non-existent tender for the construction of the two stadiums, fully aware that their claims were false.
A week ago, Gachoka had informed the court that the accused had petitioned the DPP to review the charges, presenting new evidence in their defense.
However, after thorough consideration, the DPP upheld the charges, which included conspiracy to defraud, attempted fraud, and abuse of office.
Swaleh and his co-accused are currently out on cash bail, with amounts ranging between Ksh 200,000 and Ksh 400,000.
The case is set to continue next Wednesday when the accused will be required to enter their pleas.
The prosecution of these individuals underscores the seriousness with which the DPP’s office is addressing allegations of corruption and fraud within government offices.
