The Directorate of Criminal Investigations (DCI) has been criticized by a court for failing to arrest and prosecute a prime suspect in a Ksh96 million fraud case.
Chief Magistrate Francis Andayi castigated the police for failing to arrest and charge famous politician Don Bosco Gichana for stealing Ksh96 million from Fina Bank, now Guaranty Trust Bank Kenya (GT) over a decade ago together with four others.
Andayi made the remarks in a lengthy judgment where he convicted Gichana's sister Gladys Moraa and Graham Sagwe, the former Fina Bank manager, Robert Moseti and Obadiah Nyambane for the theft of the monies at the lender.
The magistrate wondered why the police are yet to arrest Gichana who was the mastermind of the fraud, saying he has been roaming around in the country even after being freed from Tanzanian prison for charges of money laundering.
“The mastermind of the fraud Don Bosco Gichana is still roaming around freely because the police have failed to arrest him since 2009 when this case was first filed in court. One wonders whether this is as a result of a conspiracy to defeat justice,” the magistrate said.
Andayi noted that there is overwhelming evidence against Gichana which was availed by his co-accused person including his sister Moraa who informed the court that the fraud involving Fina Bank Limited (FBL) now Guaranty Trust Bank Kenya, was masterminded by her kin.
In his Judgment, the magistrate said the fraud was hatched by Sagwe and Gichana.
However, the magistrate convicted the four accused persons after finding them guilty of two counts of conspiracy to defraud and stealing after the prosecution proved the case against them beyond reasonable doubt.
The four accused were sentenced to 18 months each which the same was suspended to give time to repay an outstanding amount of Ksh15 million in their last bid to settle the case in order to avoid going to jail.
As a first instalment to redeem the ksh15million, Andayi ordered Ksh4.5 million which had been deposited in court as cash bail by Sagwe, Moseti, Moraa Nyambane and the mastermind of the fraud Don Bosco Gichana who didn't stand trial in Kenya since he was arrested and detained in Tanzania over money laundering be paid to the lender-GT.
This now leaves a balance of Ksh10.5million which the convicts and Gichana have to pay GT within 12 months.
“If you will have not paid the Ksh10.5million by January 10, 2023, just take yourselves to the prison to serve the 18 months’ sentence,” Andayi ordered the convicts.
It is said that the Ksh96 million was diverted from paying a Chinese Contractor-Garden Real Estate Development Limited to a Kenyan firm-Malch Construction Ltd associated with Don Bosco Gichana, which had not handled any construction works, through Eco Bank.