Eight of the ten suspects behind the Kes 449 fuliza fraud were arraigned in Court today.
The court was expected to give a ruling on the detention order application.
The duty Magistrate, Hon. Ondieki ruled that the prosecution had not convinced the court that there were compelling reasons to detain them.
” It is my view that the prosecution failed to prove any reasonable reasons to warrant detention of the respondents herein”. ruled the magistrate.
” Having considered the fact that the suspects have been in Custody for the last five days, it is my view that the prosecution by now ought to have completed their investigations. I will therefore release the suspects on a bond of Kes 200,000″ concluded the magistrate.
It was at this point that the prosecutor informed the court that the DCI had concluded the investigation and proposed criminal charges against 8 of the suspects with the remaining two being found to have been arrested wrongfully.
“Your honour, I would like to inform this court that the ODPP will be proceeding to charge 8 of the suspects and that they should be escorted to the plea court immediately.” submitted the state prosecutor.
Peter Gitahi, Isac Kipkemoi, Moses Rono, Collins Kipyegon, Maxwell Ributhu, Edwin Cheruiyot, Gideon Kipkirui, Gideon Kipkoech were charged with various counts of stealing, having suspected stolen goods, possessing National IDs belong to other persons among other charges.
In the first charge, they are charged with stealing Kes 449.6 million from NCBA Bank.
They were also charged with unlawfully being in possession of 10 National IDs belonging to other persons.
Further, they were charged with being in possession of MOBIGO and Safaricom Kenya PLC subscriber identity.
They, however, denied particulars of the charges before Chief Magistrate Susan Shitubi.
The defence Counsel led by Lawyer Kiprono Felix and Ham Langat informed the court that the suspects stand a right to be presumed innocent and to be released on reasonable bail terms.
Lawyer Kiprono told the court that it should not be led by the figure alleged to have been stolen since the figure remains a mere allegation until the contrary is proved.
The court will rule on their bail and or Bond release terms on Wednesday 15.
