Haji wants six jailed for fraud

Thursday, November 18th, 2021 00:00 |
Director of Public Prosecutions Noordin Haji at a past event. Photo/PD/FILE

Director of Public Prosecutions (DPP) Noordin Haji wants a Nairobi court to convict six suspects over the loss of Sh1.6 billion at the National Social Security Fund (NSSF).

Prosecutor Christine Gakobo informed Milimani Anti-Corruption Chief Magistrate Lawrence Mugambi that they had established a prima facie case against the accused.

The six include three former NSSF managers James Akoya, Francis Moturi and Mary Ndirangu and three directors of Discount Securities Limited inDavid Githaiga, the late Wilfred Weru and Isaac Nyamongo. 

They were charged in 2010. Prosecution alleges that the funds were lost in irregular trading shares through Discount Securities between 2004 and 2007. 

“In this case we have demonstrated through evidence herein, the directors, managers and companies are all jointly and severally responsible for the over Sh1.6 billion fraud perpetrated at NSSF,” Gakobo says. 

Prosecution avers that some of the contract documents forwarded by DSL were fraudulent, and most share certificates were not available. 

“Moturi and Akoya who were entrusted by NSSF to ensure the fund got value for its money in the investment of shares, failed to discharge their lawful duties and as a result, NSSF lost Sh1,601,576,461.65,” prosecution told the court.

“Investigating officer stated that the total cost of shares not delivered taking into account shares certificate delivered was Sh1,201,143,372.40.

Fraudulent disposal

Additionally, the amount received for shares not purchased at time of receiving payment was Sh1,601,576,461.65.”

Gakobo maintained that it is clear from the evidence presented that all accused had a common intention to defraud the fund. “Prosecution urges this honourable court to find that it has proved its case against all the accused persons beyond reasonable doubt and to convict them under section 215 of the Criminal Procedure Code,” Gakobo submitted.

Suspects are charged with fraudulent disposal of public property, fraudulently making payment from public revenue, willful failure to comply with applicable procedures and guidelines relating to procurement of property, fraudulent acquisition of public property, conspiracy to defraud, deceiving principal among others offences.

Trial Magistrate directed that the case to be mentioned on December 1 before he delivers judgement.

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