Chinese hackers face Sh5 million fine each or one year in jail

Forty Chinese who are charged with operating radio equipment in Nairobi without a permit are set to plead guilty, a prosecutor told the court on Monday.

Their guilty plea, according to their legal team, could see them handed a fine of Sh5 million each (for a total of Sh200 million) or a one-year jail term.

While appearing before Resident Magistrate Pamela Mugure, the prosecution told the court that the suspects’ lawyer had informed them of the development.

Prosecutor Dancun Ondimu however asked the court to have them charged on Friday, December 19, since a translator was not present in court on Monday.

“We have received an indication from the department of defence that the accused are likely to plead guilty and we therefore seek that this plea be deferred to Friday,” Mr Ondimu said.

Mr Ondimu said the prosecution would still want to pursue further investigations, and requested that the 40 remain at Gigiri Police station.

“We request that the accused continue being remanded so that we can tie up any loose ends,” Mr Ondimu said. The magistrate agreed to the prosecutions’ request.

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“In light of the request that the plea be postponed, the accused will remain in custody till Friday when they are expected to take their plea,” Magistrate Mugure said.

The 40 are set to be charged with operating telecommunication equipment without a license contrary to the Communication Authority of Kenya Act.

The accused had, through their lawyer Ian Maina, last week filed a suit seeking to be released on bond pending their trial.

They had been arrested on December 1 and first appeared before the court which ruled that they were to remain in custody for ten days to allow time for the police to conclude investigations.

Their arrest at Nairobi’s Runda’s estate came after another group of 37 had been arrested following a fire outbreak at their residence.

The 37 were charged last week and are being held at the Industrial Area remand prison awaiting the start of their trial in January 13 next year.

Police claim that all the 77 suspects arrested so far may have been involved in bank fraud, money laundering and other serious financial crimes in other countries using the telecommunication equipment seized at their residence.