Mudavadi's press secretary Salim Swaleh's plea taking postponed

Director of Office of Prime Cabinet Secretary (OPCS) Press Service Salim Swaleh. [Courtesy, X]

A Nairobi court has deferred plea taking in a Sh5.8 million fraud case against Director of Office of Prime Cabinet Secretary (OPCS) Press Service Salim Swaleh and four others to Wednesday next week. 

This was after senior prosecutor James Gachoka informed the court that the accused persons had written to his boss, Director of Public Prosecutions (DPP) Renson Ingonga to review the criminal charges against them. 

Gachoka asked the court to have the plea taking deferred to August 14, 2024, to enable the DPP to review and make the final decision on the matter. 

"DPP is perusing the file following new evidence availed to him. We are seeking to defer the plea for one week. We can mention the matter next week on Wednesday," Gachoka stated.  

Swaleh through his lawyer Danstan Omari informed the court he had written a letter to the Ingonga and adduced new evidence in the fraud allegations case for him to consider before they answer to the new charges. 

"I did write to the DPP to review the decision to charge and l did submit voluminous new evidence. The DPP needs adequate time to go through it and make a decision based on the new facts," Omari informed Milimani chief magistrate Bernard Ochoi. 

Consequently, the magistrate allowed the prosecution's request and postponed the case to next week, awaiting the DPP's decision on whether he will withdraw the fraud case or proceed to trial.  

The new development comes days after the DPP, had last Wednesday, approved three fraud charges of conspiracy to defraud, attempted to obtain money by false pretence, and abuse of office against Saleh, Otieno Japolo Michael, Terry Kemunto Sese, Daniel Omondi Gogo, and John Musundi Wabomba. 

Prosecution of the five was okayed after the Directorate of Criminal Investigations completed the probe into the allegations that they fraudulently induced foreign nationals from Dubai and South Africa to secure a tender for constructing two stadiums for the AFCON 2027 games. 

It is alleged that the complainants who own the firm, namely Nexor-Emea Engineering Consultancy Company were to be defrauded of over Sh5 million as a registration fee. 

In the charge sheet filed in court by the DPP, Swaleh is accused of allowing, on June 24, 2024, Japolo to hold a meeting of investors while posing as the chairman of the Government Delivery Unit in the Director of Press Service office domiciled at Kenya Railways headquarters, the physical address of Prime Cabinet Secretary Musalia Mudavadi.

The five are accused of “attempting to obtain a sum of USD 45,000 equivalent to Sh5,800,000  from Nexor- Emea Engineering Consultancy company, by falsely pretending that you were in a position to secure a tender for the construction of two stadia in Kenya, a fact you knew to be false.” 

According to the prosecution, the complainants were led to believe they would meet government officials from the Ministries of Sports, Interior, and Youth Affairs, as well as members of the Senate's Budget and Sports committees to facilitate the tendering process.

Upon entering the Prime CS office, Swaleh reportedly facilitated a meeting where Japolo posed as the chairman of the Government Delivery Unit, promising to expedite the tender process for the foreigners.

The suspects are out on cash bail ranging between Sh200,000 and Sh400,000.