Three traders have been charged with conspiring to steal from an investor $398,000 (about Sh60 million in the current exchange rates) while pretending to be in a position to supply laptops to the government.
Erick Otieno Atanga, Alex Stephen Ogolla and Mofat Gacheru Kamau alias Aden were arraigned before Milimani law courts chief magistrate Lucas Onyina.
They denied two fraud counts filed against them by the Director of Public Prosecutions (DPP) for allegedly plotting to steal from Mr Vijay Virma the millions.
The trio are accused of plotting to commit the crime in a span of three months between September and December 2023.
Atanda, Ogolla and Kamau are said to have executed the plot at an unknown place with the Republic.
They are charged with conspiring to defraud Mr Virma contrary to Section 393 of the Penal code.
Mr Onyina heard the trio, while in the company of others not before court conspired to commit a felony namely stealing USD ($)398,000 (KSh60,000,000) while pretending they would secure a tender for Mr Virma to supply laptops and other accessories.
The alleged tender was for the Ministry of Information and Communications and Digital Economics.
The said tender was under Contract Number MICT/Vol.1/VACC/2023.
The charge sheet stated that the three knew they were cheating Mr Virma.
The accused were further accused of making a fake document contrary to Sectiom 347 (a) as read with Section 349 of the Penal Code.
The charge against the three stated on November 1 ,2023 with intend to defraud NVT Mobile Telcom and Accessories trading as FZCO Company USD ($)398,000 (KSh60m) forged a request for quotation reference number MICT/Vol.1/VACC/2023.
The court further heard the three purported the said request for tender was a genuine and valid document issued by the Ministry of Information, Communications and Digital Economy, a fact they knew to be false.
The accused applied to be freed on bond with Atanga stating that he had health complications which require urgent medical attention.
State prosecutor Ms Nancy Kwamboka did not oppose the accused bail plea.
“I have no instructions to oppose the release of the three on bond,” Ms Kwamboka told the court.
In a brief ruling Mr Onyina directed the accused to deposit a bond of Sh3million each with one surety of similar amount.
The case was fixed for pre-trial directions in two weeks.
The prosecution was directed to furnish the suspects with copies of witness statements and exhibits.
