Former managing director of the Kenya Pipeline Company (KPC) Charles Tanui and seven others sought over a Sh644 million fraud at the State corporation have surrendered to the police two days after the anti-graft court issued a warrant of arrest against them.
The eight were charged before senior principal magistrate Felix Kombo over conspiracy to defraud KPC $6.4 million (over Sh644m) in respect of a tender issued to an overseas company between October 2014 and July 2015.
Urging the court to release the eight suspects on reasonable bond terms, lead defence lawyer Dunstan Omari asked the magistrate to note that “all the eight suspects surrendered to the police for charging.”
Mr Omari told the court that the seven learnt in the media about their pending arrest then “opted to surrender to the police.”
The lawyer who is teaming up with Edward Oonge, Samson Nyaberi and four others urged the magistrate to give the accused reasonable bail terms similar to the other seven who were charged on Tuesday.
“Bail should not be punitive or excessive but must be reasonable,” Mr Omari submitted.
State prosecutor Rubby Akoth said the bail terms should be different from those charged earlier in the week. The magistrate said that a court considers the seriousness of the offence besides other antecedents.
Mr Kombo said Section 123 of the Penal Code provides guidance to the court while determining the bail terms.
Mr Kombo directed Mr Tanui to deposit a bond of Sh2 million with one surety or pay an alternative cash bail of Sh1 million.
Others charged alongside Mr Tanui are Philip Kimelu, Bramwel Juma Wanyalikha, Charles Ndiritu Maitai, Charles Ochieng Ouko, Fredrick Kagoshi Ogenga, Francis Omondi Obure, Beryl Aluoch Khasinah and Aero Dispenser Valves Limited.
In total 18 suspects have been named in the charge sheet of which 14 have been arraigned so far.
The case will be mentioned on January 22, 2019 for further directions.
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