BY SAM ALFAN .
Businessman Kirimi Koome who is fighting with a Rwandese partner over the control of Sh400 million has been released on bail over charges of online fraud.
Koome was ordered by Milimani senior principal magistrate Esther Kimilu to deposit Sh500,000 in court to secure his release, pending a review of the evidence as requested by Koome through a letter to the Director of Public Prosecution.
The plea taking was deferred to next week.
The prosecution told the magistrate that the DPP received a letter on 9th October from Koome through his lawyer referenced “trumphed charges against Kirimi Koome” requesting the review of the evidence on the matter.
Through prosecutor Gachoka, the DPP requested the court to defer the plea to the 17th of October so that the DPP could go through the letter and evidence and decide on the way forward.
“The application was made in the interest of justice and there will be no prejudice suffered by any party,” Gachoka told the court.
Whereas the prosecution applied for Koome to be released on a cash bail, lawyer Danstan Omari, who is representing the complainant, opposed the release of Koome on bail, sparking a heated argument between him and Cliff Ombeta, who is representing Koome.
Omari informed the court that Koome was brought to court under warrant of arrest, hence a flight risk. He opposed the lifting of the warrant or being released on bail pending plea talking.
He submitted that the money in question was for international merchants including Mastercard, visa card and UBA Bank.
Ombeta dismissed Omari’s application saying the lawyer was invoking the president name to blackmail the magistrate.
While opposing Omari application, Ombeta said there was no application before court from investigating officer or formal application from the Prosecution opposing Koome to be released on bail.
According to the charge registered in court, it is alleged that on diverse dates between 10th July, 2023 and 4th October, 2023 in Nairobi within Nairobi County Koome jointly with others not before Court and with intent to defraud, conspired to defraud one Desire Muhinyuza, a Rwandese National the beneficial owner of Stay Online Limited of USD 2,619,583.27 being Merchants funds by falsely representing yourself as the owner of the said funds.
The charge sheet also indicate that on the 11 day of July, 2023 at Nairobi Koome being an agent of Stay Online Ltd, stole USD 100,000, the property of the said Stay Online Lul which had been entrusted to him to make payment of provision of taxes for Stay Online Ind.
It is further stated that on the 12 day of July, 2023 at United Bank of Africa in Nairobi Koome being a Director of Stay Online Company and with intent to defraud made a false entry in a document for payment of USD 100,000 to your USD Account domiciled at Equity Bank, Meru Branch purporting it to be for payment of provision of Taxes for Stay Online Ltd (K).
Prosecution further states that on the 10 day of August, 2023 at Kilimani Police Station, in Nairobi within Nairobi County, informed No 100703 PC. Rather Theuri a person employed in the Public Service as a Police Officer that someone by the name of Ambrose Wamari Obara had forged some documents and your signature to obtain a non-estimated amount of money from your account held at United Bank of Africa, information you knew to be false.
If DPP fails to review the charges and retain charges, Koome will be facing four counts on Tuesday.
Another court has froze the accounts until Tuesday.
