A Makueni businessman who supplied 2,800 laptops to fraudsters posing as employees at the Deputy President’s office has filed a complaint to the Directorate of Criminal Investigations (DCI) over delays in charging one of the prime suspects.
Stephen Ngei Musyoka, who owns Makindu Motors Limited, wants the DCI to intervene in the matter saying he is frustrated with the manner in which the police officers have handled his complaint initially made at Athi-River police station.
Through his lawyers, Veronica & Associates Advocates, Mr. Musyoka says he made an official complaint at Athi-River police station on August 13 last year regarding a failed tender where he supplied 2800 pieces of laptops to the office of the Deputy President that led him to loss of Sh181 million.
“Makindu Motors Limited was made to believe that they had been awarded a tender to supply 2,800 HP laptops by one Joy Wangari Kamau (alias Miss. Muhoro), who held out to be in charge of procurement at the office of the Deputy President as well as the Secretary to Mr Wanyonyi who held out as the Personal Assistant of the Deputy President,” the complaint reads in part.
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Trouble began on March 30 last year when representatives of Makindu were led to the office of the DP, through VIP Lift to the third floor, office number B3-005.
Here according to court documents they found “Miss Muhoro” and signed a Non- Disclosure Agreement which had the official logo of the office of the DP.
Makindu Motors also signed a supplier agreement with the office of the DP where they were contracted to supply laptops. The agreement also had an official logo of the DP’s office which they believed to be genuine.
On June 19, the company was given a purchase order document referenced as ODP/SUPLS/0451-404/2018-2019 and as a result of the foregoing, Musyoka; agreed to use his creditworthiness and took a loan with Sidian Bank to finance the said tender project.
The laptops that were to be delivered were HP 15-7th Generation and 145 pieces were delivered. The rest were HP 15- 8th Generation which was accepted after a request to substitute the product was made.
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“Acceptance to substitute the product was accepted through an email from the office of the Deputy President (sent through firstname.lastname@example.org),” Musyoka says in his case.
His firm would deliver the laptops on different dates between June and August 2018. For instance, he says on June 25 the firm delivered 145 pieces of laptops at Treasury Building as per the instructions of Joy Wangari and received by Christian Mwendwa.
Come July 13, the next batch of 597 pieces of laptops were collected at Eastleigh from Eye Link Cargo offices. They were received by Allan Chesang (Alias Mr. Kiptoo), who the firm says is the main architect of the fraud but is yet to be charged alongside other suspects described as ‘small fish’.
A total of 500 pieces of laptops were allegedly collected from Salama Cargo, by Chesang on July 14.
A week later, he collected 823 pieces of laptops in two deliveries to be allegedly delivered to the office of the DP.
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The last batch of 735 pieces would be collected on August 2 last year by Chesang in motor vehicle registration Number KCA 601W.
“In the tbove deliveries and collections, the computers were to undergo rebranding before delivery at the office of the DP. It is of importance to note that the parties receiving the laptops were accompanied by police officers,” the businessman says adding that the deliveries were well documented with proper delivery notes signed and stamped by the respective parties.
Arrests and charges
He came to the realisation that the entire transaction was a tall tale after he was informed that the laptops were being sold in computer and accessories outlets in Nairobi Central Business District (CBD). He confirmed the same by purchasing 10 pieces of the computers from the CBD through the help of an acquaintance.
“Upon the realisation, our client reported to Athi-River police station on August 10, 2018 at 9pm,” the complaint copied to other government agencies among them the Ethics and Anti-Corruption Commission (EACC), The Independent Policing Oversight Authority (IPOA) and the National Police Service.
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Musyoka also reported the same to the office of the DP where he was given police officers who raided Chesang’s office in Westlands recovering 656 laptops.
An additional 10 laptops were recovered from a Motor Vehicle make Mercedes Benz Registration Number KCL 505J parked at the premises.
The recovered laptops and the vehicle are at the Parliament Police Station Building and will be used as exhibits.
Several arrests and charges would be made leading to the institution of several cases among them case no 1555 of 2018, case no 1816 of 2018 and case no 1723 of 2018 at Milimani Nairobi.
In December the court directed that these cases to be consolidated to one file so as to enable faster dispensation of justice and to save time.
“The cases are yet to be consolidated. It is our opinion, that consolidation of these files will not render justice to our client if the key suspect, Mr.A plan Chesang, is not arrested,” Veronica & Associates Advocates argue.
They also want to know why the case was transferred from Athi-River Police station where it was reported, to Central Police station.
“On August 30, 2018, it was reported in the media that the key suspect and mastermind of the fraud, Allan Chesang was finally arrested but sadly and surprisingly, the suspect has never been taken to court.”
Chesang filed a miscellaneous application for anticipatory bail, that was heard in November 2018 but the court delivered a ruling in favor of the prosecution.
“Despite this, Allan Chesang was not arrested,” the complaint says. The businessman argues that the loan he took continues to accrue interest.
“Our client is frustrated and unsatisfied with the pace at which the investigations are being carried out. Mainly on the Fact that the main Culprit is still a free man not yet arrested or charged,” it adds.