The Ksh100 Million Overdraft Facility That Led To Arrest Of Senator Mithika Linturi

Meru Senator Mithika Linturi was arrested over a Ksh100 overdraft facility associated with his company Atticon Limited and not over the Building Bridges Initiative (BBI) debate, Interior Cabinet Secretary Fred Matiang’i has said.

In a letter to the Senate, Matiang’i said Linturi’s business partners Emily Nkirote Buantai and Collins Kipchumba Ngetich made a complaint to the Directorate of Criminal Investigations (DCI) over the conduct of Linturi, who allegedly forged documents to throw them out.

The CS says that Linturi illegally instigated the removal of the two from the shareholder list before renewing the overdraft facility without their consent.

“Buantai made a report to the Directorate of Criminal Investigations headquarters alleging that she is a director of Atticon Limited together with Senator Mithika Linturi holding 50 and 1050 shares respectively. She alleged that some fraudsters had forged Board of Directors minutes dated 28^th April, 2017 and removed them from the shareholding and new directors appointed. She called for police investigations,” said Matiang’i.

Read: Senate Forced To Adjourn BBI Session Over Alleged Arrest Of Mithika Linturi

“On the 15^th of November 2018, Collins Kipchumba Ngetich a Director of Barons Estates Limited reported to the DCI alleging that sometime in June 2018, he discovered that the directors of Atticon Limited had fraudulently applied for renewal of an overdraft facility of Ksh100 million and other dealings without his consent and that after performing a search at the Companies Registry, he discovered that Barons Estates Limited was fraudulently removed from the shareholding of Atticon Limited and they suspect  forged documents were used to attain that goal.”

Matiang’i says that 26 statements have so far been recorded, documents collected and those suspected to be fraudulent, 33 in number were subjected to forensic examination and results obtained.

On February 9, 2021, Senator Linturi Mithika and Emily Nkirote Buantai were named as the major suspects of the fraud case, with the Director of Criminal Investigations Noordin Haji approving charges against the two.

The two face at least 37 counts of fraud including giving false information to a person employed in the Public Service, 3 counts of conspiracy to defraud Contrary to Section 317 of the Penal Code, 19 counts of forgery, personation, making a false document, obtaining credit by false pretence, five counts of fraudulently Procuring the Registration of a Charge document and three counts of intent to defraud

“The above 37 Counts are all criminal charges investigated and approved for prosecution and are not Civil at all,” said Matiang’i.

Linturi was arrested on Wednesday, April 28, 2021, minutes before a BBI debate commenced in Senate.

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