A Nairobi court Wednesday directed a former spokesman of Prime Cabinet Secretary Musalia Mudavadi, Salim Swaleh to take plea.
Swaleh who was the Press Secretary is accused of Sh5.8 million fraud.
Milimani Chief Magistrate Bernard Ochoi slated the matter on August 21, after lawyer Danstan Omari made an application to have Swaleh and four other accused persons appear next week for plea taking following the Director of Public Prosecution’s decision to charge them.
Prosecutor James Gachoka on August 5, told the court that the accused persons wrote to the DPP seeking to have the charges levelled against them reviewed.
The court was told that the DPP was pursuing the file following ‘new evidence availed’ to him.
“We shall be seeking that they be allowed to appear before the plea court next week so that they would have arraigned themselves for that plea,” Omari told the court.
Omari accused the DPP of failing to notify the defense in advance, arguing that while they did not have the capacity to challenge the DPP’s decision, they were still entitled to be informed beforehand.
This he said would have allowed them to adequately prepare to address the issue of bond or bail as a consequence of taking the plea.
“It is the duty of the state to inform an accused person or a suspect the exact date time and court for plea taking,” the court was told.
He further asked the court to allow the miscellaneous file to remain active and to set a specific date for the suspects to appear before the plea court to ensure they have adequate time to prepare before taking their plea.
“They are still out on bond of Sh400,0000 it can be retained they can appear before the plea court next week Wednesday to take plea,” Omari said.
According to the charge sheet, Japolo Otieno, Terry Kemunto, Daniel Omondi, Salim Swaleh and John Wabomba are alleged to have conspired to defraud Sh5.8 million from a consultancy company.
The offence is said to have been committed on diverse dates between June 4, 2014, and June 22, 2014, at the Prime Cabinet Secretary’s office, specifically at the office of the Director of Press Services, within Nairobi county.
“The five jointly with others not before court conspired to defraud $45,000 equivalent to Sh5.8 million from an engineering consultancy company, by falsely pretending that you were in a position to secure tender for construction of two stadia in Kenya, a fact you knew to be false,” reads the charge sheet in part.
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