City lawyer Tom Ojienda accuses DPP of malice

Lawyer Tom Ojienda now says that he reads malice and bad faith in the Director of Public Prosecution’s planned charges against him over Mumias Sugar Company graft probe.

This comes following his arrest Friday evening by the Directorate of Criminal Investigation (DCI) for questioning for allegedly conspiring to defraud the sugar company through fake cases.

In a statement Saturday morning Prof. Ojienda dismissed the allegations saying the prosecutors did not seek any statement from him but stated that his records are intact and is ready to present all the cases that he had handled for Mumias Sugar Company on the alleged fake matters.

“I have read the Director of Public Prosecution’s statement with utter shock and disbelief. I would like to state without any fear of contradiction that I do not, I cannot and I have never filed a fake case. I have never conspired with any person to be paid for work not done. These charges sound like a big joke and reeks of malice, bad faith and flies in the face of the fundamental duty of an Advocate to receive instructions and charge fees from a client,” Mr Ojienda said.

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Meanwhile, Council of Governors lawyer Peter Wanyama has dismissed a section of media reports that he was arrested last evening alongside Prof. Tom Ojienda over the Mumias sugar probe.

In a statement, Wanyama states that the DCI only wanted him to clarify some information with regard to his former partnership with of Prof. Odek Prof Ojienda & Wanyama Advocates which he worked for years back before his resignation.

He said that in 2011 the law firm conducted a legal audit report of the sugar company whereupon it was paid and the firm paid all the taxes required.

Elsewhere, officials from the Kenya Bureau of Standards and customs are expected to be charged with defrauding the government of Ksh64.9 million in taxes.

A statement from the Director of Public Prosecution accused the officers of colluding with three companies to undervalue imported goods.

15 individuals that will be charged in connection with the case include Charles Ongega Ongwae, Eric Chesire Kiptoo, Esther Wangui Watene, Ali Thuo Chuphi, Elizabeth Nyambura Kimani, Alex Maina Ndiritu, Cornelius Mwanyamba Mwango and Fredrick Cheruiyot Busongo among others. Investigating officers reportedly received information that Gendipre Enterprises and Rupai Trading Limited (importers) and their clearing agent Landmark Freight Services Limited with the help of custom and Kebs officers concealed imported goods to evade taxes.

DPP Noordin Haji further accused the officers of allowing goods to enter the country without requiring the companies to pay proper penalties of missing certificate of conformity.