11 suspects in Ksh.55M Ol-Kalou CDF graft case released on Ksh.2M cash bail

Eleven suspects among them three former officials of Ol Kalou National Government Constituency Development Funds (NG-CDF) charged in a Ksh.55.8 million corruption case have been released on a cash bail of Ksh.2 million each.

The three former NG-CDF officials are Simon Nduati Kariuki who was the Chairman at the time when the crime is said to have been committed between 2014 and 2018, as well as John Kariuki Kimani (Secretary) and Ludovick Ngera Gachara (Account Manager).

The others in the case were the directors of private companies including Jerusha Waithira (Spenroh International Limited), Samuel Ngugi (Rodney Enterprises Limited) and Peter Mburu (Design Jet Copiers.)

Others are Charles Chuaga and Florence Wairimu (Wheel Safety Enterprises), as well as Jane Rose Muthoni, Dominic Mulwa and Titus Kibui all of Laurenzo Enterprises. 

The 11 appeared before Nyahururu's anti-corruption court Senior Principal Magistrate Stephen O. Mogute where they were charged with 16 graft-related counts involving Ksh.55,833,650 from the NG-CDF kitty.

In one of the counts, the suspects were jointly charged with conspiracy to commit an offence of corruption contrary to the Anti-Corruption and Economic Crimes.

In counts 2 and 3, the three former NG-CDF officials were charged with wilful failure to comply with the law relating to the management of funds, and failure to comply with the law relating to procurement.

“On diverse dates between March 30, 2016, and December 2018, at Ol-Kalou sub-county, being the Chairman, Secretary and Fund Account Manager, Ol-Kalou NG-CDF Committee, being officers whose functions concern the management of public funds, jointly and wilfully failed to comply with the applicable law and procedures relating to the administration of the fund, to wit, Regulation 15 (6) of the NG-CDF Regulations 2016, by converting yourselves to become members of Ol-Kalou Constituency Roads Project Management Committee,” read the charge sheet.

The ex-Chairman Kariuki faced two separate counts of fraudulent acquisition of public property and abuse of office for allegedly pocketing Ksh.10,351,200 from the Ol-Kalou CDF Roads Committee account. 

The funds were meant to facilitate the implementation of various road projects in the constituency, but the road works were not rendered. 

Appearing before the court, all the accused persons pleaded not guilty to all charges levelled against them and were released on a cash bail of Ksh.2 million each or a bond of Ksh.5 million awaiting hearing of the matter.

Defence lawyers David Mathea, Peter Ojare and Levi Munyeri prayed to the court to be lenient in bail/bond terms saying the suspects have been loyal to sermons hence cannot abscond court proceedings.

However, the prosecution led by Gladys Kariuki argued that the crimes committed were serious and involved a hefty amount of public resources, and hence the court should consider giving them heavy bonds.

The matter was set for mention on May 23, 2024, when the hearing of the case against the suspects is also set to begin.