A former Kenya Pipeline Company (KPC) technician facing charges of stealing Sh17.1 million worth of oil 14 years ago alongside runaway businessman Yagnesh Devani, has a case to answer.
City court chief magistrate Roseline Oganyo ruled on Wednesday that Benedict Mutua Mbevi, a former KPC technician or scheduler should defend himself on three counts of stealing, conspiracy to commit a felony and abuse of office.
The trial magistrate also placed Mr Devani and his company, Triton Energy (K) ltd on their defence, stating that the prosecution has established a prima facie case against him.
Mr Devani fled the country in December 2008 amid a storm over the Sh7.8 billion Triton oil scandal that hit the country, and attempts to have him repatriated from Britain to face the charges, have not been successful.
“Having considered evidence of the 17 witnesses, that testified for the State, I am satisfied that a prima facie case has been established against all the three remaining accused persons. I will, therefore, place the 3rd accused (Mr Mutua) on his defence on all the three counts facing him together with those that are absent in counts 1 and 2 respectively,” said the magistrate.
The charges against Mr Mutua and Devani were amended in January last year after the prosecution withdrew charges against Julius Kilonzo and turned him into a State witness.
The charge sheet stated that they jointly stole 12,623,239 tonnes of automotive gas oil valued at $17,105,970 belonging to Fortis Bank (Nederland) N.V., an offence they allegedly committed on diverse dates between August 5, 2008, and August 7, 2008, at Kipevu Oil Storage facility in Mombasa.
Mr Mutua is accused of abuse of office after allegedly releasing the fuel without authority in contravention of a collateral financing agreement signed between KPC and Triton Energy, an act that was prejudicial to the rights of the Dutch bank.
