Airtel wins cash refund in fraud case against former employee

Mobile telecommunications operator Airtel has won a case in which a former employee is accused of having fraudulently transferred money to a third party.

The High Court has ordered Anthony Omariba Omwenga, the accused third party, to refund Airtel cash that he allegedly received from the firm two years ago.

He was accused of receiving Sh26.3 million in a fraudulent transaction facilitated by former Airtel employee, Peter Wahinya Muiruri, who is also facing charges of fraudulently making the payments.

“The upshot is that the application by (Mr Omwenga) is without merit and is hereby dismissed with costs to the plaintiff, who is now at liberty to proceed with the execution of the decree and judgment entered on December 18, 2012,” said Mr Justice Jonathan Havelock in a ruling dated June 18, 2014.

The court ruled that the reason given by Mr Omwenga for his failure to file defence within stipulated time was not enough to warrant the court to allow him defend himself.

The claim against Mr Muiruri, the former Airtel employee, is still pending in court.

Airtel in 2012 moved to court seeking to compel Mr Muiruri and Mr Omwenga to refund the cash said to have been fraudulently transferred from the telecom’s firm.

While Mr Muiruri filed his defence, Mr Omwenga failed to file his on time prompting Airtel to apply for default judgment against him. 

Mr Omwenga filed an application in December last year, seeking to set aside the default judgment arguing that he was unable to defend the claim against him since the legal expenses incurred in defending a separate case in which he faced criminal charges had incapacitated him financially.

He said the amount claimed was colossal and that it was in the interest of justice that he be allowed to defend himself, arguing that if the judgment was executed he would be forced to file for bankruptcy. Mr Justice Havelock, however, ruled that the cost of filing defence was minimal.

Mr Omwenga, who was working as an actuarial analyst with Pan African Life Insurance when the alleged fraud was reported, allegedly conspired with Mr Muiruri.

Airtel claimed that Sh26.1 million was transferred to Mr Omwenga’s account at Equity Bank in a deal facilitated by Mr Muiruri.

In February while testifying in court, Mr Omwenga sought to justify the deal, arguing that he received the cash for a consultancy work which he charged Sh52 million.

Airtel wired Sh26.3 million to his account in July 2012, allegedly meant for purchase of equipment for the consultancy, which was claimed never took off since Airtel instituted legal proceedings,” he told the court.

Although he admitted knowing Mr Muiruri, he denied having any business relationship with him.