Seven men accused of mimicking Uhuru to be charged with conspiracy to defraud

Five of the seven suspects from right to left Dancun Muchai,Joseph Waswa,Isaack Wanyonyi,William Simiyu and David Lukaya at a Milimani court on Tuesday,February 26 when they were arraigned at the court accused with receiving Shs 10 Million from a businessman using President Uhuru Kenyatta`s name.[George Njunge/Standard]

Seven men suspected of faking President Uhuru Kenyatta’s voice to con a businessman spent another night in the cells yesterday.

Joseph Waswa, Duncan Muchai, Isaac Wajekeche, William Simiyu, David Luganya, Gilbert Kirunja and Anthony Wafula are suspected of calling businessman Nashud Merali demanding that he facilitates release of the Sh10 million for purchase of a piece of land at Nairobi's Milimani area.

Mr Merali then instructed his finance director to get in touch with the callers who gave an account number at Equity Bank, where the money was deposited.

Yesterday, Principal Magistrate Peter Ooko turned down an application to detain the suspects for 10 days, directing that police either charge them or release them.

Police then rearrested the suspects and charged them with fraud before Chief Magistrate Francis Andayi, who ruled that it was too late in the day and ordered that they be detained for another night before pleading to the charges today.

Charge sheet

The charge sheet indicates that they will face one count of conspiracy to defraud by obtaining Sh10 million from Sameer Goup of Companies Finance Director Akif Butt while pretending they were in a position to sell him a piece of land in Milimani.

While declining prosecution’s request to have them detained for 10 days, Mr Ooko ruled that there were no compelling reasons to warrant their detention.

"None of them works for mobile telephone providers to be able to interfere with the investigator’s analysis of their phone records,” ruled Ooko.

The seven, through lawyers Cliff Ombeta, Neville Amollo and June Ashioya, had opposed the prosecution’s application for 10 days' detention, arguing that the case against them was based on rumours.

The defence lawyers dragged in Uhuru’s name, demanding that the prosecution discloses any dealings the President might have had with Merali in the past.

“If Merali received a call from someone claiming to be the President, then he must have been familiar with that voice and convinced that it was actually the President. It means he had the President’s number and nothing stops the prosecutor from enjoining the President in the case,” said Ombeta.

Ombeta claimed the number said to have been used to call the businessman might have belonged to Uhuru and that the President should be made a witness in the case.