Hearing of the Sh180 million laptop scandal case involving Trans Nzoia Senator Allan Chesang and six others was on September 21, 2023, adjourned after a power failure hit Milimani Law Courts in Nairobi.
Chief Magistrate Lucas Onyina adjourned the case to November 24,2023, when hearing is expected to commence after a report detailing the terms of an out of court settlement is presented.
At 11:20am when the politician and his co-accused were called into the dock, a power outage struck, compelling the magistrate, Senator and his co-accused, the prosecutor, and members of the public to light their cellphones to enable them see each other.
“I urge those who have phones that have torches to switch them on to enable us proceed with the matter,” Onyina appealed.
Everyone in the courtroom reached out for their phones and switched on the torches.
The magistrate asked the prosecutor whether he had witnesses present in court.
In response, prosecutor Anderson Gikunda told the court a bonded witness had not turned up as he was indisposed.
“The witness who was stood down last time has fallen sick and therefore l am unable to proceed with the case. I urge the court to adjourn the matter given my predicament and the blackout,” Gikunda told the magistrate.
He however told the court that the seventh accused person Johan Ochieng Osore was also not present and no indication of why he failed to turn up for the hearing of the case had been given
At the same time defence lawyers led by Stanley Kang’ahi informed the court that a team has been established to discuss the out of court settlement of the case.
However, in the intervening period Kang’ahi told the magistrate he has been instructed to have the matter proceed for hearing pending the out of court negociations.
Following the development the magistrate adjourned the matter to give parties room to arrive at amicable solution.
Magistrate Onyina then issued a warrant of arrest against Ochieng and urged the defence to advice him on the importance of attending trial whenever required.
In the case Chesang, Ochieng are alongside James William Makokha alias Wanyonyi, Teddy Awiti, Kevin Matundura Nyongesa, Augustine Wambua Matata, Joy Wangari Kamau and James William Makokha alias Wanyonyi, are facing charges of conspiracy to defraud; making a document without authority; obtaining goods by false pretences; handling stolen goods; and abuse of abuse.
The Prosecution alleges that Chesang and his co-accused conspired to defraud Makindu Motors of 2,800 laptops worth Sh180 million in a fake tender to the office of the then Deputy President Ruto on August 12, 2018.
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