Man who was defrauded Sh180m asks court to speed up case
The suspects in the Sh180million computer scam at the Milimani Law Courts.
What you need to know:
- Complainant says he has been religiously attending court sessions only to be turned away.
- The court also heard how the complainant has lost investment running into tens of millions of shillings.
A businessman whose company was defrauded 2,800 laptops worth Sh180million by persons claiming to have been from the office of Deputy President has appealed for an expeditious hearing of the case, which has been pending since 2018.
Mr Stephen Ngei Musyoka, of Makindu Motors Limited told Milimani Law Courts Chief Magistrate Ms Martha Mutuku that the case has not been heard for almost three years, despite being fixed for hearing.
"Justice is not being done in this case. It has been 836 days to date and the case has never taken off,” Mr Musyoka told the court.
During that period, he said, he has been religiously attending court only to be turned away.
Mr Musyoka’s sentiments were echoed by the company lawyer Ms Peninah Mukami.
“This case has been pending before this court since 2018. I urge this court to allocate this case a trial date this December,” Ms Mukami pleaded.
The court also heard how the complainant has lost investment running into tens of millions of shillings, yet justice has not been served.
State prosecutor counsel Mr Anderson Gikunda also expressed concern over the long delay of the case.
Mr Gikunda told the court that the case was listed for hearing today (November 30, 2020) but one of the suspects, Mr Augustine Wambua Matata, lost his father on November 28, 2020 and needs time to bury and mourn his father.
Defence lawyer Thomas Maosa for Mr Matata produced a letter from Mwala Police Station Machakos County as proof for the demise.
Bereaved suspect
Other than Matata, the other suspects in the case are Allan Kiprotich Chesano, Teddy Awiti, Kelvin Matundura Nyongesa, Joy Wanari Kamau, James William Makokha alias Mr Wanyonyi and Joram Ochieng Osore.
All seven face a joint charge of conspiring to defraud Makindu Motors Limited 2,800 laptops worth Sh180million using a Local Purchase Order (LPO) from the Office of the Deputy President on diverse dates between May 30 and August 12 2018.
Other charges included conspiracy to defraud and forging the LPO at the centre of Mr Musyoka’s woes.
On Monday, Mr Gikunda filed a consolidated charge against all the suspects who are out on bond.
Ms Mutuku adjourned the case to December 22-23, 2020. She also directed the investigating officer to liase with Mwala Police Station to establish whether Wambua’s father had indeed died then report to the court on December 22.
