- His co-accused are Daniel Omondi alias General Juma, Clifford Onyango and Kennedy Mboya
- They face 12 counts of fraud relating to the defence tender
Image: ENOS TECHE
Former Sports CS Rashid Echesa and three others were on Monday charged with attempting to defraud foreigners of Sh39 billion claiming they could award them a Ministry of Defence tender.
His co-accused are Daniel Omondi alias General Juma, Clifford Onyango and Kennedy Mboya. They face 12 counts of fraud relating to the tender.
Each of them was released on Sh1 million bail or Sh3 million bond.
It is alleged that on diverse dates between October 2, 2019, and February at an unknown place they jointly with others not before court conspired to make documents without authority.
They allegedly made an End User Certificate, Non-Disclosure Agreement (NDA) Notification of award for restricted classified tender number HC2019/2026, a letter from the Ministry of Defencee and an extension of date of the notification of award for restricted classified tender HC2019/2026.
The accused denied six counts of making a false document. It's alleged that they made the false document on February 13, 2020 at Harambee House Annex.
They made an agreement Ref No Highly Classified 2019/2026 for supply, delivery, installation, commissioning and maintenance of an integrated communication and security surveillance system between the government of the Republic of Kenya and Eco Advanced Technologies LLC purporting it to be a genuine document issued by the State Department of Defense.
The court heard that on October 22 at an unknown place with intent to defraud and without lawful authority or excuse they made a notification of award for a restricted classified tender letter to the managing director Howells Investment SP Z.O.O Aleja Niepodleglosci 02-626 Warsaw, Poland, purporting it to be a genuine document issued and signed by RM Gicia for Principal Secretary State Department of Defense.
The suspects are also alleged to have obtained Sh11.5 million from Kozlowski Stanley Bruno by purporting that they would award him a tender to supply military equipment.
Echesa was separately charged with impersonating DP William Ruto's PA. Police claim that on February 13 at Harambee Annex he falsely presented himself to Bruno and Mostafa Amer Lofty as a person employed in the Public Service as the PA to the Deputy President.
They were also charged with attempting to defraud Sh39 billion from foreigners by purporting to be in a position to award them the military tender.
The DPP through state lawyer Jacinta Nyamodi opposed bail arguing that if released they might interfere with witnesses and exhibits.
The defense dismissed the allegations by the state saying there was no compelling reasons why they should not be granted bail.
Lawyers Evans Ondieki, Brian Khaemba and Cliff Ombeta for Echesa told court that the state should prove that the accused would interfere but not base their argument on assumptions.
In his ruling, Cheruiyot said he had considered the arguments and foubnd that the officers had not named the crime scenes that the accused would interfere with.
It hadnot been denied that the searches in their homes had already been conducted as alleged by defense, he said.
“There being no compelling reason then the court will determine what bond to grant the accused persons,” he ruled.
He said that the accused were presumed innocent until proven guilty and they were entitled to bail or bond.
"I find it fair and reasonable that they each deposit a Sh3 million bond or alternative cash bail of Sh1 million cash bail."
The case will be mentioned on March 3.