M-Pesa statement shows DCI officers received bribe in Sh30m land case

M-Pesa application. [Wilberforce Okwiri, Standard]

M-Pesa statement filed as evidence in court showed that three Directorate of Criminal Investigations Officers (DCI), received bribes to defeat justice in a Sh30 million land fraud case.

The statement also shows that four prosecution witnesses received money between 2017 and 2023 in the land fraud case against former Kapkures MCA Paul Kimutai and his friend Richard Kipngeno.

According to the statement filed before Senior Resident Magistrate Priscah Nyotah, Inspector Stephen Agutu and officers Siele Kiplangat and Kiprotich Kirui, who testified as prosecution witnesses, received money from Josiah Nuguna, the complainant in the case.

Kimutai and Kipngeno face six counts of forgery and uttering false documents to authorities over 6.60-hectare land in Miti Mingi, Mbarut, Nakuru county, with intent to defraud the owner, Njuguna.

The M-Pesa statement was produced, following a court order by the Chief Magistrate’s court in Nakuru on September 18, 2023.

The court ordered Safaricom Limited to share certified M-pesa statements from January 1, 2017, to September 18, 2023, after a complaint by Kimutai and Kipngeno.

“The court orders the M-Pesa statements to be filed to help ascertain the truth of the complaint by the accused persons that they have been framed in the case,” ordered the court.

The statement shows that Agutu, the main investigating officer in the case, received Sh49,000 from Njuguna.

The investigating officer had admitted in court that he only received Sh3,000 from Njuguna on August 3, 2022, at 9.39 pm, but maintained that the money was sent to him as a contribution for a funeral.

However, the M-Pesa statement showed that he received Sh10,000 on March 10, 2018, at 1.42 pm and Sh10,000 on April 21, 2018, at 12.17 pm.

“Sh10,000 sent from Njuguna to Agutu on August 20, 2012, at 19.25 hours,” reads another transaction statement.

Further, Agutu who testified against Kimutai on September 12, 2023, received Sh8,000 on April 13, 2019, at 1.07 pm and another Sh8,000 on June 17, 2019, at 4.12 pm.

The M-Pesa statement shows that Siele received Sh9,000 from Njuguna on July 12, 2023, while Kirui received Sh12,000 on July 11, 2023.

David Kering, Kiprop Ngetich, Joseph Sagambor and Esther Mutai are the four witnesses who allegedly received bribes from Njuguna.

The statement shows that Kiprop received money 35 times, ranging from Sh1,000 to Sh2,000, between January 2017 and September 2023.

Although Sagambor denied receiving any money when he testified, the statement shows he received money more than five times.

The M-Pesa statement was also produced after Nyotah ordered the Ethics and Anti-Corruption Commission (EACC) to investigate the complaint against the seven.

“The defence lawyer is directed to relay any information they have in this regard to the EACC,” ruled Nyotah.

The alleged bribery claim was reported by Kipngeno at Nakuru Police Station, vide OB Number 44/27/07/2023.

This comes after Kimutai and Kipngeno were put on their defence in the Sh30 million land fraud deal after a six-year trial.

Nyotah ruled that the two were linked to forgery, fraud, making a false document and giving false information to the authorities.

Kimutai and Kipngeno were arrested on July 12, 2017, and charged, but they denied the charges.

They were accused of forging the title deed and the green card for the land, on November 14, 2012, claiming it was genuine.

The two were also implicated in the forgery of Kimutai’s family agreement dated October 12, 2010.

The court heard that Njuguna purchased the land from Ingobor Farm Company Limited on April 17, 1997, for Sh2.85 million.

The case will be mentioned on January 11.