Virus scam 'whistleblower' charged with abduction, fraud
Network Action Against Corruption boss Godwins Otieno Agutu, (right) and his two workers Ken Kimanthi Gichovi (left) and Alex Mutua Mutuku at the Milimani Law Courts on October 2, 2020.
What you need to know:
- Godwins Otieno Agutu was arraigned Friday before Milimani Senior Principal Magistrate David Ndungi alongside his personal assistant Alex Mutua Mutuku and driver Ken Kimanthi Gichovi.
- The three denied presenting themselves as employees of the KRA and EACC to Vijay Patel, proprietor of Hytech Investment Shop , kidnapping him and obtaining Sh500,000 from him.
The "whistleblower" in the Covid-19 millionaires scandal and his two employees have been charged with abduction, fraud and using government registration numbers on a civilian vehicle.
Godwins Otieno Agutu is the Chief Executive Officer (CEO) of Network Action Against Corruption (NAAC), which partners with the government in the fight against graft.
Mr Agutu was arraigned Friday before Milimani Senior Principal Magistrate David Ndungi alongside his personal assistant Alex Mutua Mutuku and driver Ken Kimanthi Gichovi.
They had waited over five hours at the court’s parking lot for directions on their prosecution.
The three were charged with presenting themselves as employees of the Kenya Revenue Authority (KRA) and Ethics Anti-Corruption Commission (EACC) to Vijay Patel, proprietor of Hytech Investment Shop situated along Kombo Munyiri Road, Nairobi County, on September 25.
Prosecuting Counsel Evalyn Onunga said they introduced themselves as such with the intention to defraud Mr Patel, whom they later abducted and fraudulently obtained Sh500,000 from on September 28.
Ms Onunga told the court that the accused obtained the money from the investor while pretending they could help him reduce the amount in taxes that the KRA had demanded from him.
Network Action Against Corruption boss Godwins Otieno Agutu, (left) and his two workers Ken Kimanthi Gichovi (centre) and Alex Mutua Mutuku wait for the start of proceedings in their case at the Milimani Law Courts on October 2, 2020.
Forgery charges
The prosecution separately indicted Mr Agutu for allegedly forging a staff card of the Office of the President, Interior Ministry. Ms Onunga said the card issued to Mr Agutu was number 8338.
The court also heard that the CEO forged work ticket number P495906 for an official government vehicle, registration GKB 070B, between September 4 and 24 within Nairobi.
The prosecution said Mr Agutu and his employees drove to Mr Patel’s business premises using a civilian vehicle KCV 788Y, on which they had superimposed the said governments’ vehicle registration number GKB 070B.
It was said that Mr Agutu, Mr Mutuku and Mr Gicovi used the government vehicle’s registration to deceive Mr Patel.
The last indictment against the NAAC boss was of unlawfully converting a civilian vehicle, registration KCV 788Y, to a government vehicle registration GKB 070B.
He denied stealing number plate KCV 788Y valued at Sh7,000, the property of Viewscape Tours and Car Hire, between June 19 and September 29.
Release application
The accused denied the charges and applied to be released on bond through lawyer David Ayuo.
Ms Onunga opposed the application, saying the investigation was incomplete and that police were pursuing Mr Agutu’s accomplices in the KRA, the EACC and the Judiciary.
“Mr Agutu has a well-connected web with joint operators in the KRA and in the Judiciary, where a government vehicle, registration number GKB 070B, was used in the alleged fraud,” she said.
She further claimed Mr Agutu was a habitual offender with a similar case pending in Makadara and said the trial was set for March 20 2021.
Network Action Against Corruption boss Godwins Otieno Agutu, (right) and his two workers Ken Kimanthi Gichovi (left) and Alex Mutua Mutuku at the Milimani Law Courts on October 2, 2020.
The further prosecutor said the accused’s release would likely jeopardise the investigations as they would frustrate efforts to record witness statements from Mr Agutu employees and his accomplices at the KRA and the EACC.
In his response, Mr Ayuo said the reasons raised by the DPP were not compelling and asked the magistrate to free the suspects on bond.
The ruling
Mr Ndungi granted the accused release on Sh100,000 each saying “ the reasons volunteered by the prosecution were not compelling enough to deny the accused bond”.
The magistrate also noted that bond is a constitutional right and that in keeping with Covid-19 policies issued by the Health ministry and the World Health Organization (WHO), the accused should not be held in crowded cells where they can contract the deadly disease.
He, however, directed them to report to the investigating officer twice a week until the court issues more directions.
The court warned the accused of dire consequences, including cancelling their bond, if they interfere with investigations.
The DPP earlier closed a miscellaneous file in which he sought detention of the accused after charges were filed against them.
The case will be mentioned in a fortnight.
