The Director of Press Services in the Office of Prime Cabinet Secretary, Salim Swaleh, and five others accused of attempting to defraud two foreigners of Sh5.7 million have been released on a cash bail of Sh400,000 each.
While freeing the five on bond, Milimani Law Court Magistrate Ben Mark Ekhubi said the prosecution has not presented compelling reasons to warrant their continued incarceration.
“This court finds that the prosecution has not presented any compelling reasons to warrant bail denial,” ruled Ekhubi.
The magistrate also ordered the five to deposit their passports in court and not to interfere with witnesses.
Swaleh is facing fraud charges alongside Otieno Japolo Michael, Terry Kemunto Sese, Daniel Omondi Gogo, John Musundi Wabomba and William Mokoha.
Further the accused persons have been directed to report to the investigating officer until the court issues further orders.
Swaleh and his co-suspects were arrested on Saturday night at the office of the Prime Cabinet Secretary.
The six are being investigated over allegations of conspiracy to commit a felony contrary to Section 393 of the Penal Code, an attempt to obtain money by false pretense, personating a person employed in the public service and abuse of office.
In an affidavit filed in court, Mr Nicholas Njoroge, who is an investigator, said the complainants are foreigners based in Dubai and South Africa, who were allegedly defrauded of money with promises of getting a contract to construct stadiums.
He said the complainants were allegedly lured into the country with a promise of securing a tender for the construction of two stadiums for the 2027 African Cup of Nations, which will be co-hosted by Kenya, Uganda and Tanzania.
In his application, the Director of Criminal Investigations, Mohamed Amin, sought to continue holding the six suspects for 14 days.
Amin, through Inspector Njoroge, asked the court to allow him to continue detaining the suspects to allow detectives to complete their investigations.
“We seek a custodial order to have the six respondents detained at Capitol Hill Police Station for 14 working days,” Njoroge submitted in court.
Mr Njoroge said the complainants were made to believe that after the meeting at the Prime Cabinet Secretary’s office, they would meet other government officials from the Ministries of Interior and Sports.
They were also made to believe that they would meet two senators from the Budget and Sports Committee, respectively, to seal the deal.
In an affidavit filed in court, Mr Njoroge said Mr Swaleh allowed the co-accused persons to hold a meeting with foreigners in his office.
The affidavit added that Mr Japolo presented himself as the chairman of government delivery unit, which is domiciled at Mr Mudavadi’s office.
He said the complainants were asked to part with $45,000 (Sh5.85 million) as registration fee before securing the tender.
According to the detective, the suspects breached security protocol by entering the premises without an appointment, thus the need to investigate who aided their entry.
Njoroge urged the court to grant them more time to record statements from the main contractor, who is based in the UAE and who was also a victim, and also to obtain company registration details from relevant offices in Kenya, Dubai and South Africa.
“That the nature of the investigation is complex as it involves foreigners and the communication channel must observe diplomatic protocol, thus sufficient time is needed to get the responses,” Njoroge told the court.
The officer further said the suspects are likely to interfere with investigations if released on bond.
Swaleh, through his lawyers Sam Nyaberi, Danstan Omari, and Shadrack Wambui, opposed the application saying the DCI had not given compelling reasons to warrant his detention for two weeks.
Nyaberi said the investigation officer has not demonstrated how the suspects are likely to interfere with investigations, as none of them has contact with the main contractor and the Registrar of Companies
“Your honour the circumstances relied on is Salim Swaleh who is the Director of Press in the Office of Prime Cabinet Secretary is one where there are people who want the office vacant,” said Omari.
Omari told the court that the complainants in the case are not in the country and have not recorded statements, hence there are no compelling reasons for interference.
