The Director of Press Services in the Office of the Prime Cabinet Secretary, Salim Swaleh, along with five others, accused of attempting to defraud two foreigners of Sh5.7 million, has been released on a cash bail of Sh400,000 each.
Milimani Law Court Magistrate Ben Mark Ekhubi granted bail to the accused, citing insufficient grounds from the prosecution to justify their continued detention.
In his ruling, Magistrate Ekhubi emphasized that the prosecution had failed to present compelling reasons to deny bail.
However, he ordered the accused to surrender their passports to the court and instructed them not to interfere with witnesses related to the case.
The charges against Swaleh and his co-accused Otieno Japolo Michael, Terry Kemunto Sese, Daniel Omondi Gogo, John Musundi Wabomba, and William Mokoha include conspiracy to commit a felony, attempted fraud, impersonation of public officials, and abuse of office.
The arrests occurred on a Saturday night at the Prime Cabinet Secretary’s office, following allegations that the defendants defrauded foreign nationals from Dubai and South Africa.
The complainants were allegedly promised a contract to construct stadiums for the 2027 African Cup of Nations, to be jointly hosted by Kenya, Uganda, and Tanzania.
According to an affidavit filed by investigator Nicholas Njoroge, the complainants were deceived into believing they would secure the tender after meetings at the Prime Cabinet Secretary’s office with government officials from the Ministries of Interior and Sports, as well as two senators from relevant committees.
The prosecution, led by Inspector Njoroge, had initially sought a 14-day custodial order at Capitol Hill Police Station to facilitate further investigations.
They argued that the complexity of the case, involving foreign entities and diplomatic protocols, required additional time to gather statements and corporate registration details from Kenya, Dubai, and South Africa.
However, defense lawyers Sam Nyaberi, Danstan Omari, and Shadrack Wambui contested the extension, arguing that the prosecution had not demonstrated how their clients posed a flight risk or would interfere with the investigation.
They pointed out that the main contractor and company registrar, crucial to the inquiry, had not been contacted or compromised by the accused.
In response to the defense’s objections, Magistrate Ekhubi decided in favor of granting bail, asserting that the accused had the right to liberty pending trial due to the lack of substantial grounds for prolonged detention.
The case underscores ongoing legal scrutiny and public interest concerning alleged fraudulent activities involving high-profile government officials and their associates.
Legal Team Files Petition To Block President Ruto From Approving Finance Bill 2024
