Two former Kenya Pipeline Company employees and a truck driver were Monday convicted for stealing 13,852 litres of petroleum products from the Kenya Pipeline Company (KPC) Kisumu terminal.
The three Reuben Andolo Aseneka, a former loading island operator Joseph Mbugua Maina, a truck driver and Mutai Micah, a former ICT employee were found guilty on all six counts they faced.
They were charged with conspiring to steal 13,852 litres of motor spirit premium (MSP), valued at Sh2,431,178, which was in the custody of KPC but belonged to various oil marketers.
In Count 1, all three were convicted of conspiracy to commit a felony for conspiring to steal the MSP, which had been loaded onto a road tanker (Reg. No. KBJ 564D/ZD 1453).
In Count 2, the accused were convicted of theft of petroleum products. In Count 3, Aseneka and Mutai were found guilty of illegally tampering with the KPC fuel monitoring systems (Fuelfacs and Acculoads).
In Counts 4 and 5, Mutai and Aseneka were convicted of unauthorized access to KPC’s computer systems, specifically the Fuelfacs systems, while in Count 6, Mbugua was found guilty of illegal possession of petroleum products.
The prosecution, led by Senior Assistant Director of Public Prosecutions Catherine Mwaniki, Patrick Okango, and Shitsama Ligami, argued that the accused’s actions amounted to economic sabotage, a serious offense punishable under Kenyan law.
Kisumu Law Courts Chief Magistrate D.O. Onyango ruled that the prosecution had presented sufficient evidence, including testimony from 18 witnesses and physical exhibits, to prove the truck had illegally loaded the stolen fuel.
The case is an example of a well implemented prosecution-guided investigation where the prosecution and investigation team severally visited the KPC terminal to understand how the system works before the commencement of the case.
The prosecution also applied and had the court visit the scene (KPC terminal) in the course of the hearing.
The court ordered that the three be remanded in custody until February 18, when sentencing will take place.
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