A police investigation officer Nicholas Olesena explained to a Nairobi magistrate’s court how a lorry carrying assorted copper materials valued at Sh2.9 million was intercepted outside a go-down in Industrial Area, leading to charges against businesswoman Sheilah Chao Mwaikwasi.
Olesena, attached to the Directorate of Criminal Investigations (DCI) at the Ministry of Energy, told senior principal Magistrate Ondieki that on January 30, 2024, he and colleagues found a truck parked at the entrance of Shilamwa Enterprises Limited.
Upon inspection, the staff were unable to provide documents proving ownership of the materials, which included copper cables, bars, and lugs.
The truck, which had a 40-foot trailer, was taken to the Ministry of Energy headquarters for verification by a multi-agency team comprising representatives from KETRACO, KPLC, Safaricom, KeNHA, ATC, and the Ministry of Energy.
Each agency identified materials they claimed were theirs, and an inventory was prepared and signed by all parties, including Mwaikwasi.
Mwaikwasi, the proprietor of Shilamwa Enterprises, is facing five counts of handling energy equipment.
In the first two counts, she is accused of receiving or retaining 1,292 kilograms of high-voltage copper materials valued at Sh1.6 million, property of KETRACO, and 330 kilograms of copper windings worth Sh429,000, property of KPLC.
In the remaining counts, Mwaikwasi is alleged to have handled 197.5 kilograms of copper earthing wires valued at Sh217,000 belonging to Safaricom, 134 kilograms of copper cables worth Sh147,400, property of KeNHA, and 139 kilograms of assorted copper materials valued at Sh500,000, property of ATC.
The total recovered copper weighed approximately 2,092 kilograms (over two tonnes).
During cross-examination by defence lawyer Danstan Omari, Olesena admitted that the copper wires and cables did not bear any logos or serial numbers linking them to the companies.
The only identifiers were his handwritten labels on bags, applied after the technical team had sorted the materials.
“Wires do not have inscriptions identifying them, Only label identifying them is on the bag. All the materials are different,” he told the court.
Magistrate Ondieki heard that, Mwaikwasi is a licensed scrap metal dealer and registered importer, legally permitted to trade in such materials.
She reportedly sources products from Uganda, China, Tanzania, and local suppliers including Phase Engineering Works and Philips International Auctioneers.
The prosecution argued that Mwaikwasi failed to produce credible ownership documents for the materials.
They maintained that she knowingly handled stolen or unlawfully obtained energy equipment, contrary to the law.
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