DPP reviews charges against Salim Swaleh in Sh5.5m fraud case

When former journalist Salim Swale was presented at the Milimani Law Court over extortion claims on June 24, 2024. [Collins Kweyu, Standard]

Director of Public Prosecutions (DPP) Renson Ingonga has, for the second time, recalled the case file of Salim Swaleh, Director of Press Service in the Office of the Prime Cabinet Secretary.

Together with four others, Swaleh was accused of alleged Sh5.8 million fraud.

The case, which was set for plea-taking before Milimani Chief Magistrate Susan Shitubi, failed to take off after Senior State Prosecutor James Gachoka informed the court of the DPP's decision to review the file upon a second request by the suspects.

Three weeks ago, Gachoka notified the court that the accused had written to the DPP, seeking review of the criminal charges.

The DPP initially declined the defense’s request to withdraw the charges before the plea was entered.

However, following the latest plea by the defense, the DPP is reconsidering the case.

Swaleh, represented by lawyer Danstan Omari, had presented new evidence to the DPP in efforts to clear his name.

The court has given the DPP until September 12 to finalise his review and determine the next steps.

The DPP had previously approved three fraud charges against Swaleh and his co-accused: Conspiracy to defraud, attempt to obtain money by false pretense, and abuse of office.

The charges stem from allegations that the suspects fraudulently attempted to induce foreign nationals from Dubai and South Africa to pay a registration fee for a tender to construct two stadiums for the Afcon 2027 games.

Swaleh, alongside Otieno Japolo Michael, Terry Kemunto Sese, Daniel Omondi Gogo, and John Musundi Wabomba, are accused of attempting to defraud Nexor-Emea Engineering Consultancy Company of Sh5.8 million.

The prosecution alleged that Swaleh allowed a meeting to take place in his office at the Kenya Railways Headquarters, during which Otieno posed as the Chairman of the Government Delivery Unit in a bid to secure the tender.

All five suspects are out on cash bail ranging from Sh200,000 to Sh400,000.