http://www.marsgroupkeny...timedia/?StoryID=267291
City Traders Deny Stealing
Sh13m OilBy The Star Page: 4 on Wed 23rd September 2009, under At the Courts
TWO Nairobi businessmen yesterday denied stealing- from a government parastatal.
The pair faced multiple counts of forgery and theft stating they falsified and altered transaction documents that saw
210,000 litres of oil released to them from the National Oil Corporation of Kenya at the Industrial Area fuel.
Nelson Mburu Karanja alias Charles Muiruri and Dennis Ong'ong'a Nyabenge were accused of committing the offence between June 24 and July 21. They were each granted a bond of Sh3 million. The case will be heard on November 5.
http://www.nation.co.ke/.../-/aaen13z/-/index.html
Oil marketer Total Kenya has lost a bid to stop the arrest of nine of its top managers wanted by police on allegations of committing fraud that cost the company
Sh45 million.According to court documents, the managers face arrest after the High Court said on Friday there was no threat to their rights and fundamental freedoms.
The nine include Legal manager Boniface Abala, Senior Internal auditor Martin Muriuki, Treasury manager Francis Kinuthia, Mr Andrews Otiende, Mr Moses Kiara, Mr Thomas Okoth, Ms Margaret Wairimu, Ms Christine Oluga and Mr Daniel Kinuthia.
They face charges related to forged bank guarantees used to obtain about
670,000 litres of oil products worth Sh45,161,800 from the company. Police investigations concluded that the managers had colluded with another accused,
Mr Nelson Mburu Karanja, who is already on trial for the fraud.
The police file was forwarded to the Director of Public Prosecutions (DPP) Keriako Tobiko who approved the arrest of the managers in a letter dated October 2012.
Ironically, the managers were the initial complainants and assisted police with investigations. They were scheduled to testify as prosecution witnesses at the Kibera Chief Magistrate’s Court against Mr Karanja.
In their application before the High Court, the managers said they were shocked to learn that the DPP had approved charges against them and ordered their immediate arrest and prosecution. They rushed to court with a constitutional petition seeking to prevent arrest on the grounds their right to a fair hearing and equal protection of the law were threatened. They complained they were being hunted yet they had co-operated with the CID in unearthing the fraud that culminated in the arrest of the suspect who was already facing trial.
They also accused the police of obtaining information from them to be used against them without issuing a warning, as required by the law governing self-incrimination.
But in his Friday judgment, Justice David Majanja held it was within the mandate of the police to investigate crime and where there is reasonable evidence to prosecute the offender.
“The petitioners may well be innocent of the alleged charges, but it is not for this court to usurp the role of the trial court. I am afraid that the circumstances of this case do not justify intervention by the court,” he ruled.
Cushion Total Kenya
According to the police, the fraud at Total Kenya was executed by people masquerading as senior managers at Nakumatt Holdings Ltd, the operator of the Nakumatt supermarket chain. Investigations revealed that the masqueraders presented themselves to the oil company purporting to seek credit to secure the petroleum products.
They were given account application forms and a list of accepted banks. They completed the forms and submitted them to the oil company’s head office together with copies of account opening documents including a copy of a bank statement, PIN certificate, VAT certificate, certificate of incorporation and a bank guarantee.
The guarantee was meant to cushion Total Kenya against possible default by the client. However, the documents turned out to be fake.
It is not clear whether Nakumatt had had previous contact with Total Kenya which processed the account opening documents and opened an account. Barclays Bank of Kenya provided a Sh30 million guarantee that was later increased to Sh45 million.
The oil products were released, and a transport company — A.O Basid Limited — contracted. Total Kenya later opened talks with the transport company, which it accused of being a conduit in the fraud, resulting in a memorandum of understanding.
In the memorandum, the transporter undertook to pay the oil company Sh45 million, the value of the products lost. It is unclear what happened to the products, but the memorandum is now subject of a civil suit pending in Nairobi.
The CID defended itself against accusations of unfairness, arguing that their decision to prefer charges against the managers was informed by the outcome of their investigations which revealed that there was negligence or collusion on the part of the managers in the commission of the fraud
He has only been arrested thrice,in the NOCK case he was acquitted after the investigating officer did not testify,In another instance he was not charged due to insufficient evidence and the total case is ongoing.I am sure he will finally make it!!!!