More than 700 computers worth Sh88.7 million will be released to a fraud victim after the arresting officer and the complainant testify, a Kiambu court has ruled.
Principal magistrate Stella Atembo on Wednesday said the computers should be released to the owner since the suspects are not claiming ownership.
Five traders have denied defrauding businessman Idris Ahmed Buro of Sh88,784,340 through fake government tenders.
Atembo at the same time ordered the hearing to proceed without further delay from Friday.
Senior state counsel Christine Mbevi had told the court that the accused - Mapili David, Jackson Kiharo, Mercy Wahiga Wanjiku, Michael Okongo and Alex Mutia Kesyoka - were not claiming ownership of the items.
The particulars of the case are that the complainant was allegedly given fake local purchase orders (LPOs) and letters of award with government letterheads and stamps for three contracts worth Sh230 million.
The deal involved the supply of 797 laptops and windows software supposedly to the Ministry of Information, Communication and Technology (ICT) at Sh125,926,000 and Sh28,692,000 respectively.
In another deal, Idris, through Sanabil General Supplies Ltd, got a letter of award for the supply and delivery of Panolin Hydraulic Lubricant to Government Printer at Sh74,520,000.
All the awards are dated August 6, 2018, and signed by Mapili for the ministry's Principal Secretary.
Idris said one of the suspects introduced himself as acting head of procurement at the ministry. They often met him in the ministry’s Teleposta offices on either the 9th or 10th floor.
The suspects had told the businessmen that the government was using restricted tendering since the laptops and hydrants were required urgently.
Upon getting the first LPO, using his first company, Naliye Agency Limited, Idris ordered the gadgets from China.
When he delivered the laptops at Teleposta, he was informed that government stores were full and should instead deliver them at a store in Hurlingham.
On the supply of hydrants, the accused allegedly introduced him to a dealer who could supply him with the material for onward delivery. He paid Sh23 million to the "approved dealer".
The Treasury and ICT ministry informed him there were no such tenders when he went to collect his payment.
The accused have denied that, jointly with others not before the court, with intent to defraud, they obtained the money from Idris between July 12 and September 3 at Teleposta Towers.
The amount included Sh23 million in cash, 797 HP laptops worth Sh55,821,880 and 797 pieces of Windows 10 software valued at Sh9,962,500.
The accused are said to have bought top-of-the-range vehicles, including a Toyota V8 Land Cruiser and Ford Ranger double cabin with the money.
