The Ksh269 million fake laptop contract involving the office of former Deputy President now President William Ruto was signed in the office of the then-DP, a Nairobi court heard on Tuesday, June 13, 2023.
Prosecution witnesses Solomon Muema David said the contract to supply the computers was between his company Nduso Investment Limited and the office of the Deputy President.
Muema told Milimani Chief Magistrate Lucas Onyina that he (Muema) and Charles Kamolo signed the document tabled in court on behalf of Makindu Motors owner Musyoki Nge while two persons namely a Mrs Muhoro and James William Makokha alias Wanyonyi signed on behalf of the office of Deputy President.
Muema told the magistrate that after the contract was signed they delivered the entire consignment amounting to 2,800 laptops worth over Ksh269 million to alleged representatives of Ruto.
Testifying in the case against Trans Nzoia Senator Allan Kiprotich Chesang and six others, Muema further told Onyina they were conned 2,800 laptops by persons who claimed to acting on behalf of Ruto.
The witness named the persons who posed as representatives of the Office of Deputy President in the whole transaction as Ms Muhoro, Wanyonyi and their point man a Mr Kiptoo.
Wanyonyi is accused of a conspiracy to defraud Makindu Motors the multi-million laptop project.
The 2,800 laptops which were received by the agents of then-Deputy President Ruto were allegedly meant for distribution to schools.
The then-Jubilee government in which Ruto was the Deputy President had promised to supply laptops to all primary schools in Kenya, a promise that remained a mirage to date.
Muema said all the deliveries of the 2,800 HP laptops were made at Treasury Building and escorted by uniformed police officers whereMuhoro who introduced herself as the officer in charge of procurement business at the office of the Deputy President.
The witnesses said that Muhoro received the first two deliveries at her third-floor office at office of the DP by appending a government stamp on the delivery notes.
The laptops were delivered in three tranches and were sourced and paid for by the proprietor of Makindu Motors, a company that sells motorbikes in the country.
Muema told the magistrate that when they got the government tender they brought on bound Ngei to finance the tender because he had the financial power.
"Ngei paid for the 2,800 laptops at one go Ksh269, 360,000," Onyina heard.
To qualify for the tender Muhoro demanded a bribe of Ksh500,000 which Muema and Kamolo paid in cash.
"We met Muhoro at Karen Hotel where she requested Ksh500,000 as money for the clerks at the office of the Deputy President, who were to work out the tender documents, " Muema told the court.
Led in his evidence in chief by state prosecutor Anderson Gikunda, Muema told the magistrate that he packed all the laptops from godowns in Eastleigh at eye link and then delivered them to Muhoro.
The court heard that the delivery notes of the last consignment were delivered to Muhoro at a petrol station near Ruto's office at Karen.
"After loading 699 laptops in a truck Muhoro requested him to take the delivery notes to her at Shell Petrol station in Karen since she had been assigned some duties at the Deputy President's office," Muema said.
At the petrol station, Muema said that he handed over the delivery notes to Muhoro who did not endorse a receipt stamp on his copy saying she had left her stamp at the office of the DP.
Testifying on oath, Muema said that the agents of Ruto hosted a party for them at Ole Sereni Hotel along Mombasa Road to appreciate a job well done.
"The agents called me and Charles Kamolo at Ole Sereni Hotel to thank us for delivering the 2,800 laptops to them," Muema told Onyina.
During the party discuses the mode of payment for the laptops and Ruto's agent said they will hurriedly to ensure they were paid the entire amount aptly.
To their utter surprise, the three alleged Ruto agents switched off their phones and went under.
The proprietor of Makindu Motors Ngei called Muema when the payment of Ksh180 million delayed by a week and said he feared they were conned.
Muema said Ngei instructed them with Kamolo to report the matter at Athi River Police station.
"When we went to report we were detained in cells with police telling us we are the key suspects in the laptop scam when we mentioned the Office of the Deputy President," Muema told Onyina.
The star witnesses told the magistrate they were detained for seven days during which period they told police to office of the president where the contract was signed.
The police also recovered some of the laptops from Muhoro and Kiptoo residences in Athi River.
Gikunda asked the witnesses whether they were ever paid the Ksh180 million to which he replied in the negative.
"So you were conned," Gikunda asked the witness.
"Yes, we were conned. Since July 2018 to date we have never received not heard from Ruto's agents on the payment," Muema said.
At that juncture, Gikunda asked the court to stand down the witness because one of the accused persons Johan Ochieng Osore was absent and the evidence that was to be adduced touched on her.
The court adjourned the case to September September 18,19,20 and 21.
In the case Chesang, Wanyonyi are charged alongside Teddy Awiti, Kevin Matundura Nyongesa, Augustine Wambua Matata, Joy Wangari Kamau, James William Makokha alias Wanyonyi, and Johan Ochieng Osore.
The seven accused persons are facing charges of conspiracy to defraud, making a document without authority, obtaining goods by false pretences, handling stolen goods and abuse of abuse.
The Prosecution alleges that Chesang and his co-accused conspired to defraud Makindu Motors of 2,800 laptops worth Ksh180 million in a fake tender at the office of the then-Deputy President William Ruto on August 12, 2018.
