Fake Sh180m laptops tender was signed at Ruto's office in 2018, court told

The Sh180 million laptop contract involving the office of former Deputy President now President William Ruto was signed in his office, a Nairobi court has heard.

Prosecution witness Solomon Muema David said the contract to supply the computers was signed between his company Nduso Investment limited and the Deputy President's office.

Milimani Chief Magistrate Lucas Onyina was told by Muema that he and Charles Kamolo signed on behalf of Makindu Motors owner Musyoki Nge while two people namely a Ms Muhoro and James William Makokha alias Wanyonyi signed on behalf of the Office of the Deputy President in the contract document produced in court.

Muema told the magistrate that after signing the contract, they delivered the entire consignment of 2800 laptops costing them over Sh269 million to the said representatives of Ruto.

Testifying in a case against Trans Nzoia Senator Allan Kiprotich Chesang and six others, Muema further told Onyina that they were defrauded of the 2800 laptops by people who claimed to be acting on behalf of the office of President Ruto, then Deputy President.

The charge sheet said the laptop scam cost Sh180 million, but evidence today put the figure at Sh269,360,000.

The witness named Ms Muhoro, Wanyonyi and their deputy, Mr Kiptoo, as the people who acted as representatives of the Deputy President's office in all the transactions.

Wanyonyi is an accused in the conspiracy to defraud Makindu Motors in the multi-million dollar laptop project.

The 2800 laptops received by then Deputy President Ruto's agents were allegedly meant for distribution to schools.

The then Jubilee government, in which Ruto was deputy president, had promised to provide laptops to all primary schools in Kenya, but this has remained a mirage.

Muema said all the deliveries of the 2800HP laptops were made at the Treasury Building, escorted by uniformed police officers, where Ms Muhoro, who introduced herself as the procurement officer in the office of the deputy president, received them.

Witnesses said Muhoro received the first two deliveries at her office on the third floor of the DP's office by affixing a government stamp on the delivery notes.

The laptops were delivered in three batches and were procured and paid for by the owner of Makindu Motors, which sells motorbikes in the country.

Muema told the magistrate that when they got the government tender, they brought in bound Ngei to finance the tender because he had the financial power.

"Ngei paid for the 2800 laptops in one go, Sh269, 360, 000," Onyina heard.

To qualify for the tender, Muhoro demanded a bribe of Sh500,000, which Muema and Kamolo paid in cash.

"We met Muhoro at Karen Hotel where she demanded Sh500,000 as money for the officials in the office of the Deputy President who were to prepare the tender documents," Muema told the court.

Led in evidence by state prosecutor Anderson Gikunda, Muema told the magistrate that he packed all the laptops from Eye Link godowns in Eastleigh and then delivered them to Muhoro.

The court heard that delivery notes for the last consignment were handed over to Muhoro at a petrol station near Ruto's office in Karen.

"After loading 699 laptops into a truck, Muhoro asked him to take the delivery notes to her at Shell petrol station in Karen as she had been assigned some duties at the Deputy President's office," Muema said.

At the petrol station, Muema said he handed the delivery notes to Mrs Muhoro, who did not put a receipt stamp on his copy, saying she had left her stamp at the DP's office.

Testifying under oath, Muema said Ruto's agents threw them a party at the Ole Sereni Hotel on Mombasa Road in recognition of a job well done.

"The agents called me and Charles Kamolo to Ole Sereni Hotel to thank us for delivering the 2800 laptops to them," Muema told Onyina.

During the party, the mode of payment for the laptops was discussed and the Ruto agents said they would hurry to ensure they were paid the full amount properly.

Much to their surprise, the three Ruto agents switched off their phones and disappeared.

Makindu Motors owner Ngei called Muema when the Sh180 million payment was delayed by a week, saying he feared they were being cheated.

Muema said Ngei instructed her and Kamolo to report the matter to the Athi River police station.

"When we went to report, we were detained in cells where the police told us we were prime suspects in the laptop scam if we mentioned the office of the Deputy President," Muema told Onyina.

The star witnesses told the magistrate that they were detained for seven days, during which time they told police about the Office of the President where the contract was signed.

Police also recovered some of the laptops from Ms Muhoro and Mr Kiptoo's house in Athi River.

Gikunda asked the witnesses if they had ever received the Sh180 million, to which they replied in the negative.

"So you were cheated," Gikunda asked the witness.

"Yes, we were cheated. Since July 2018 to date we have never received the payment, we have not heard from Ruto's agents about the payment, " Muema said.

At this point, Gikunda asked the court to stop the witnesses because one of the accused, Johan Ochieng Osore, was absent and the evidence to be presented touched on her.

The court adjourned the case to 18, 19, 20 and 21 September.

In the Chesang case, Wanyonyi is joined by Teddy Awiti, Kevin Matundura Nyongesa, Augustine Wambua Matata, Joy Wangari Kamau, James William Makokha alias Wanyonyi and Johan Ochieng Osore.

The seven accused are charged with conspiracy to defraud, making a document without authority, obtaining goods by false pretences, handling stolen goods and abuse of authority.

Prosecutors allege that Chesang and his co-accused conspired to defraud Makindu Motors of 2,800 laptops worth Sh180 million in a fake tender to the office of then Deputy President William Ruto on August 12, 2018.

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