BY SAM ALFAN.
Milimani anti-corruption court has jailed Nairobi County Clerical Officer, a building inspector and a trader for four years and half years each, over conspiracy to defraud Nairobi County government.
Senior Principal Magistrate Victor Wakumile jailed Esther Nyambura Thogori (clerical officer), Bonny Stephen Otieno Oduor, a building inspector and a trader George Gachuri Karume after finding them guilty of conspiracy to commit economic crime.
The trio were accused of receiving and retaining Sh8,891,943 meant for building plan approval from a Chinese investor.
The court directed Nyambura to pay an alternative fine of Sh10,905,100 while Oduor will pay an alternative fine of Sh1,080,000 million for conspiracy to commit economic crime and conspiracy to defraud.
Karume was directed to pay a fine of Sh18,829,573 or serve the four-and-half years in prison.
The court found that prosecution demonstrated that the convicts did not only act in concert but with a common intention in committing an economic crime.
The court said the prosecution proved that the trio defrauded the Director of Elephant Real Estate Limited of Sh8,891,943, which was intended to benefit the Nairobi County government.
The court dismissed their defence and termed it as a mere denial as it was shown that existed an intricate web of conspiracy and deceit between some employees within the Nairobi City County Planning and urban department, brokers and gullible victims which is executed with mafia style precision.
The three were accused that on diverse dates between May 11, 2015 and December 16,2015 at City Hall in Nairobi City County being employed by Nairobi County, they conspired to commit an economic crime.
They were also accused of jointly conspiring to defraud Li Wen Xue Sh8,891,943 million purporting it to be building approvals fees by Nairobi County Government.
They were also facing charges of obtaining, several counts of making false documents and uttering false documents.
Nairobi County Government Urban planner John Amol Ojwang told the court that the approval system within the county system comprises of two parts front end and back end.
The Chinese investor produced a certificate of search dated January 9,2017 and transfer document between Godison 237 limited and Elephant Real Estate limited dated April 29,2015 as a proof that the company owns a parcel of land in Kilimani Estate in Nairobi.
The investor wanted to put up a building comprising of some 19 floors on the property but their designs were never approved by the County government on the basis that only 8 floors were permitted within respective zone.
