Fraud case against Ngilu kin, Cecil Mbarire's husband dismissed

NAIROBI, KENYA: Lands Cabinet Secretary Charity Ngilu's son-in-law and Runyenjes MP Cecil Mbarire's husband can now breathe easy after criminal charges against them were dropped by a Nairobi court.

Billy Indeche and Dennis Apaa had been charged with uttering a false document, an offence they denied committing.

Anti-Corruption Court Magistrate Doreen Mulekyo found there was insufficient evidence to sustain the charges against the two.

The magistrate said in her judgment that the prosecution had failed to establish a case against the Mr Indeche and Mr Apaa.

It had been alleged that the two presented a false recommendation letter to a Government official. The prosecution alleged that the false document, dated November 20, 2002, was issued by Wilson Karinga, a managing partner of Civi-tech Consultants, showing they had worked alongside the accused in the building of a house in Karen, Nairobi.

Their reprieve comes months after fraud charges against Indeche and Apaa were also dropped by a Nairobi court.

The two had been charged alongside seven others with fraudulently obtaining Sh26 million.

They were accused of conspiring to defraud the Irrigation ministry of Sh26.4 million on diverse dates between January 2009 and September 2010.

The two, through their company, Broad Visions Utilities Limited, had been contracted to drill boreholes in Ukambani five years ago.

Dismissing the fraud case against Indeche and Apaa, magistrate Leticia Wachira said the prosecution had conducted shoddy investigations.

"It is not in dispute that the work was done and the then Permanent Secretary confirmed they were working and did not understand why the charges were brought against the two," she said.

Work done

The investigations, the magistrate said, were not warranted as the work they were contracted to do was already done.

Others charged alongside them were Samuel Aluoch Otieno, Robert Mati, Joseph Mucuku, Mwagambo Mwangombe, Lawrence Simitu and Isaiah Amwanzo Benjamin.

Broad Vision Utilities, belonging to Indeche, had been under investigations for fraud at the Water ministry.

Their prosecution was recommended by the Ethics and Anti-Corruption Commission and approved by Director of Public Prosecutions Keriako Tobiko.