BY SAM ALFAN.
Runaway businessman Yagnesh Devani and a former executive at Kenya Pipeline Company (KPC) have a case to answer over theft of jet fuel worth more than Sh17 million years ago.
Nairobi City Court Chief Magistrate Roselyne Oganyo placed Devani, his company Triton Enegy (K) Ltd and Benedict Mutua Mbevi, a former employee at KPC on their defence after the prosecution closed its case.
The Magistrate ruled that she was satisfied that a prima facie case has been established against the accused persons.
“I will therefore place the 3rd accused on his defense on the all the three counts facing him together with those that are absent in count 1 and 2 respectively,” ruled the Magistrate.
The trial magistrate observed that it was important to note that while making the application to withdraw the aforesaid charges as against to 2rd accused, the state intimated that that there were extradition proceedings underway against Devani who was chief executive officer of Triton Energy (k) ltd.
“To date and until the time of closing their case on 20th July last year the state had not completed the extradition process,” observed the trial magistrate.
Devani, Mbevi and Triton Energy (k) ltd were accused allegedly stole 12,623,239 meteric tones of automotive gas oil valued at USD 17,105,970 the property of Fortis Bank (Nederland).
The charge states that they committed the offence on diverse dates between August 5 and 7, 2008 at Kipevu oil facility in Mombasa.
Mbevi is also accused of abuse of office after releasing 12,623,239 metric tonnes of automotive gas oil without the authority of Fortis (Nederland) N.V bank and in contravention of collateral financial agreement signed between KPC and Triton Energy (k) ltd an arbitrary act prejudicial to the rights of Fortis (Nederland) N.V bank.
He had been employed by KPC as a chief technician or scheduler and allegedly conspired with Devani to steal the fuel.
