Four people charged alongside former Sports Cabinet Secretary Rashid Echesa in the Sh39 billion fake military tender case got a reprieve after a court reduced their bond terms from Sh3 million to Sh1.5 million.
Milimani Senior Principal Magistrate Kennedy Cheruiyot also reviewed the cash bail from Sh1 million to Sh200,000 and directed them to deposit their travel documents in court.
The four — Daniel Otieno, Clifford Okoth, Kennedy Oyoo and Chrispin Odipo — had made an application seeking a review on grounds that they were unable to afford the initial bond terms imposed by the plea court on February 17.
Except Mr Echesa, the four have been in police remand since last month when they denied 16 counts of criminal charges related to fraud and obtaining money by pretence.
Mr Echesa was able to deposit in court the Sh1 million cash bail immediately, leaving his co-accused in prison.
“After much struggle, he has been able to raise Sh500,000. We urge the court to consider the amount so far raised,” said Mr Osewe.
The other three accused persons told court that they had only been able to raise between Sh200,000 and Sh300,000 as they were not employed and had no access to their relatives.
FRAUD
According to the charge sheet, the accused persons jointly made documents named as End Use Certificate, Non-Disclosure Agreement (NDA) and Notification of award for restricted classified tender number HC2019/2026 letter from the Ministry of Defence.
They also made an extension date on the notification of award for the restricted tender from the Defence Ministry.
The court heard that they made another Non-Disclosure Agreement (NDA) between the Kenya Defence Forces (KDF) and Eco Advanced Technologies LLC, purporting it to be a genuine document issued by KDF.
The intent of the forgery was to defraud and deceive.
On October 21, 2019 at Plaza 2000, Mombasa Road in Nairobi, the accused persons are said to have obtained Sh11.5 million from Kozlowoski Stanley Bruno.
The court documents indicate that they pretended that they were in a position to award him a contract for supply and delivery of military equipment to the Ministry of Defence.
On October 22, 2019 they are also said to have forged a notification of award for restricted classified tender letter to the managing director Howells Investments, Sp.Z.O.O Aleja Niepodleglosci 02-626 Warszawa, Poland.
The letter was purported to be from the State Department of Defence Principal Secretary R.M. Gicia.