A Nairobi Court has declined an application to have the director of Bytech Savanna Limited spared from criminal liability.
Bridget Gakii Nyaga was charged that on July 12, 2022 at Co-operative Bank Agah Khan Walk Branch, within Nairobi County in the republic of Kenya being a director of Bytech Savanna Limited, stole Sh 4,819,000 (Four Million, Eight Hundred and Nineteen thousand shillings), the property of Bytech Savanna Limited which came to his possession as a director of Bytech Savanna Limited.
In the second count, Nyaga together with Elphus Mutuma Murithi was charged with conspiracy to defraud against the law.
They were charged that on similar dates and places within the country, with another not before the court conspired to defraud Sh 4,819,000 by falsely pretending that they had supplied 580 Liters Pathway, and 1550 bags of plant protection Gypsum to Bytech Savanna Limited, a fact they knew to be false.
Their defense counsel however, approached the court with an application to have the plea differed stating that they have filed an application in Milimani High Court constitutional division seeking to have the ODPP stay investigations and or charges against the two pending hearing of the application.
He also stated that the money alleged to have been stolen, has already been frozen pursuant to court order.
The prosecution objected to the application stating that there is no order barring the court from administering plea. “The application is in bad faith because a plea cannot be differed on the basis of an anticipated outcome from the High Court.” Said the state counsel.
The court declined the application stating that the applicant did not allude any material evidence in court in support of their claim.
They were released on a Bond of Ksh 1 Million with an alternative Cash Bail 500,000.
