A magistrate has declined to terminate a fraud case in which former revenue agency IT expert Alex Mutuku and 10 others are accused of electronic fraud.
The incident caused the loss of close to Sh4 billion from Kenya Revenue Authority. Milimani senior principal magistrate Martha Mutuku yesterday rejected to allow defence lawyers’ application to terminate the cases.
The prosecution was not ready to proceed with the hearing. Defence lawyers protested that the prosecution was delaying by asking for adjournment.
They urged the court not to grant prosecution application for adjournment, saying instead, the case be terminated and accused persons discharged for lack of evidence.
However, the magistrate declined the request and granted prosecution application for adjournment. Mutuku directed the prosecution to supply defence with copies of the Cyber Crime Report and Ballistic Expert report before the next hearing on February 19.
Alex is charged alongside Embakasi North MP poll loser Joseph Mwangi. They are said to have masterminded the loss of close to Sh4 billion from the tax collector. Other suspects are former police officer Calvin Otieno, Albert Kipkechem , Lucy Wamwandu, David Wambugu, Edward Langat, Kenneth Riaga, Omar Ibrahim, James Gakung’u and Gilbert Kipkechem.
All the accused persons denied conspiracy to steal from KRA, being in possession of a firearm, ammunition and acquiring unaccustomed goods.
The prosecution alleges that the accused committed the offence between March 1, 2015 and March 1, 2016. Mutuku and 10 others have also denied interfering with the functions of the institution’s computer systems. Otieno is separately charged with the possession of an AK47 rifle and 24 bullets without a certificate.
On December 13, 2015 at KRA, Komen procured for himself registration of a motor vehicle by falsely pretending it was valid from the tax agency. Wamwandu, who was a supervisor at the domestic taxes department at the KRA is accused of stealing Sh1 billion.
Riaga is facing charges of abuse of office by altering and falsifying electronic records belonging to KRA. All the accused persons are out on bond ranging from Sh1 million to Sh300,000.
Earlier, the court was told there are indications Mutuku and his accomplices were working with suspects outside the country
.