Former Managing commissioner, Ibrahim Haji Isaak, deputy commissioner and finance manager Patrick Sau Mutemi, Esther Njeri Ngari, Francis Musau Mutuse and Ruth Muthoni Mwangi when they appeared before a Nairobi Anti-corruption Senior Principal Magistrate Lawrence Mugambi on Thursday 28,05,2015.
BY SAM ALFAN.
Former Kenya Meat Commission Managing Director and other four senior officials were on Thursday arraigned before a Nairobi Anti-Corruption Court facing conspiracy to defraud the state agency over sh 11.5 million.
However the six officials did not plead to the charges because their lawyers made an application seeking the plea be differed to enable them have more time to study the charges labbelled against their clients claiming they had been served with the summons in a short notice to appear in court.
The six officials are facing charges of conspiracy to commit an economic crime and conspiracy to defraud Kenya Meat Commission sh 11.5 million contrary to the law.
The former Managing commissioner, Ibrahim Haji Isaak, deputy commissioner and finance manager Patrick Sau Mutemi, Esther Njeri Ngari, Francis Musau Mutuse and Ruth Muthoni Mwangi appeared before Senior Principal Magistrate Lawrence Mugambi.
The sixth accused person, former chief accountant Evans Nyaiyo Bikundo was not in court. His lawyer told the court that the accused was in Nigeria and no summons had been issued to him to appear in court yesterday.
Nyaiyo is also facing a warrant of arrest in a similar case in Kajiado where he is being charged alongside Ibrahim Haji Isaac and Irene Mbito, the former legal affairs manager.
His lawyer requested the plea to be deferred for one month to enable him arrange his coming back from Nigeria.
Haji’s lawyer also requested the plea to be deferred to a later date suitable to the court as they had been issued with summons in a short notice after coming back from a similar case in Kajiado where he was released on sh 500,000 cash bail. The four other lawyers also filed the same application stating that it would be appropriate for all the accused to take plea together.
State prosecutor Emily Kamau opposed their plea deferral application stating that the counsels were seeking adjournment through a back door.
She stated that all the accused persons knew that the Anti-graft body was investigating them and thus should have been prepared for the plea. She also stated that all the accused persons were served with summons on time.
She objected the application made Evans Nyaiyo’s lawyer stating that no proceedings should take place in the absence of the accused person. Emily requested the court to issue a warrant of arrest to him.
“I object the deferral of the plea as no good reasons have been tabled by the counsels. The issue they are raising now should be raised during the hearing which is after the accused have taken plea,” she said.
In his ruling, Senior Principal Magistrate Lawrence Mugambi said that there was no prejudice the state will suffer if the plea will be deferred. He however issued summons to Evans Nyaiyo to appear in court while other accused persons will be taking plea.
The five accused persons were released on a Sh 100,000 cash bail or a Sh 500,000 bond with one surety of a similar amount.
The case will be mentioned on June 9 when the accused are expected to appear in court to answer to the charges preferred against them by the Anti-graft agency body.