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Noordin Haji Explains why DCI arrested Kidero’s lawyer Ojienda for defrauding Mumias Sugar.

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Lawyer Tom Ojienda

Office of the Director of Public Prosecution late last night gave a detailed statement explaining why they arrested Former Mumias Sugar MD Evans Kidero’s Lawyer Tom Ojienda over fraudulent dealings at Mumias Sugar that led to collapse of the company.

The Senior Counsel Tom Ojienda was arrested on Friday afternoon ( commonly known as kamata kamata friday) and was taken to DCI Headquarters on Kiambu road where he was questioned after being accused of defrauding the Mumias Sugar company over Sh 200 million in alleged legal fees payment.

DPP Noordin Haji approved the arrest of Lawyer Tom Ojienda and other suspects after receiving the investigation files from DCI legal department officers who were investigating the loss of Sh200 million from the sugar company. Ojienda and other suspects have been locked up the entire weekend and will be presented in court on Monday.

Below is the Full Press Statement as released by the office of the DPP.

INQUIRY INTO ALLEGATIONS OF OBTAINING MONEY BY FALSE PRETENCES BY PROF. TOM OJIENDA SC & OTHERS FROM MUMIAS SUGAR COMPANY AS LEGAL FEES

Since the beginning of the year, the DCI and the ODPP received several reports of financial misappropriation and fraudulent dealings that affected several sugar milling industries. In view of the collapse of the industries and considering the plight of cane farmers, the DCI constituted a team of officers drawn from various specialized units to investigate the same. Several investigations commenced.

This inquiry file relates to allegations of use of fake court proceedings, numbers and parties spread across the county in different courts that were used by several legal service providers to obtain monies, as legal fees, from Mumias Sugar Company.

DCI conducted investigations into the matter and found that about 89 million was paid out in the fraudulent schemes. Senior counsel, Professor Tom Ojienda was one of the advocates involved with the assistance of former officers of Mumias Sugar Company. Consequently, the DCI, forwarded the file with recommendations that criminal charges be instituted against:

  • Prof Tom Ojienda
  • Peter Kibati former finance director
  • Emily Otieno former company secretary

Upon independent review of the inquiry file, the DPP is satisfied that there is sufficient evidence to support the charges and that it is in the public interest to prosecute the above suspects for the following offences.

  1. Obtaining money by false pretences contrary to section 313 of the PenalCode
  2. Uttering false documents contrary to section 353 of the Penal Code
  3. Abuse of office contrary to section 101(1) of the Penal Code and
  4. Conspiracy to defraud contrary to section 317 of the Penal Code

The DPP therefore directs Prosecution to ensue immediately

DATED at Nairobi this 28th day of DECEMBER, 2018

NOORDIN M. HAJI, CBS, OGW DIRECTOR OF PUBLIC PROSECUTIONS

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