The Sh180 million laptops tender scam case against Trans Nzoia Senator Allan Kiprotich Chesang and six others has been adjourned to June following the transfer of the initial trial magistrate Martha Mutuku.
Milimani Chief Magistrate Lucas Onyina stated that Section 200 of the Criminal Procedure Code (CPC) allows a case to be restarted “if a trial magistrate ceases to hear it.”
Moreover, Onyina noted that the law allows suspects in the trial to let the incoming magistrate to continue from where the previous magistrate left off.
Lawyers for Chesang and his co-accused chose to continue from where Ms. Mutuku had left off in the Sh180m fake laptop case.
“The defence has opted to proceed from where Ms Mutuku had left before being transferred to head Mombasa Law Courts,” lawyer Stephen Kang’ahi told Mr Onyina.
Kang’ahi stated that the defence only requested the recall of one prosecution witness who was stood down.
Teddy Awiti, Kevin Matundura Nyongesa, Augustine Wambua Matata, Joy Wangari Kamau, James William Makokha alias Mr Wanyonyi, and Johan Ochieng Osore are also charged.
Senator Chesang is charged alongside; Teddy Awiti, Kevin Matundura Nyongesa, Augustine Wambua Matata, Joy Wangari Kamau, James William Makokha alias Mr Wanyonyi, and Johan Ochieng Osore.
“The seven accused persons are faced with seven counts, including conspiracy to defraud; making a document without authority; obtaining goods by false pretences; handling stolen goods; and abuse of abuse,” noted the prosecution.
The court heard that Chesang and his co-accused conspired to defraud Makindu Motors of 2,800 laptops worth Ksh.180 million in a fake tender to the office of the then Deputy President William Ruto on August 12, 2018.
The accused denied the charges and were freed on bond.
Witnesses who appeared in court explained how Chesang was involved in the fake laptop scam linking the office of the then DP now Kenya’s fifth President Dr William Samoei Ruto.
Onyina directed the accused to return for the renewed hearing on June 12, 2023.
