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Meru Senator Linturi to face fraud charges

Meru Senator Mithika Linturi faces up to 37 fraud-related criminal charges, Interior Cabinet Secretary Fred Matiang’i has confirmed.

The politician is set to be charged alongside one Emily Nkirote Buantai after the Office of the Director of Public Prosecutions (ODPP) finished working on their files.

Matiang’i, in a statement, said the ODPP returned the file to the Office of the Directorate of Criminal Investigations (DCI) on February 9, 2021, with consent to prosecute the suspects.

The charges include;

Giving false information to a person employed in the Public Service – 1 Count.

Conspiracy to defraud Contrary to Section 317 of the Penal Code – 3 Counts.

Forgery Contrary to Section 345 as read with Section 349 of the Penal Code — 19 Counts

Personation contrary to section 382(3) of the Penal Code – 1 Counts

Making a false document Contrary to Section 347 (a) of the Penal Code – 1 Count.

Obtaining credit by false pretence Contrary to Section 316 (a) of the Penal Code — 1 Count.

Fraudulently Procuring the Registration of a Charge document contrary to section 157 (1) (i) of the Land Act- 5 Counts

Intent to defraud contrary to section 348 of the penal code – 3 Counts.

In a letter to the Senate, Matiang’i said Linturi’s business partners Emily Nkirote Buantai and Collins Kipchumba Ngetich made a complaint to the Directorate of Criminal Investigations (DCI) over the conduct of Linturi, who allegedly forged documents to throw them out.

The CS added that Linturi illegally instigated the removal of the two from the shareholder list before renewing the overdraft facility without their consent.

“Buantai made a report to the Directorate of Criminal Investigations headquarters alleging that she is a director of Atticon Limited together with Senator Mithika Linturi holding 50 and 1050 shares respectively. She alleged that some fraudsters had forged Board of Directors minutes dated 28th April, 2017 and removed them from the shareholding and new directors appointed. She called for police investigations,” said Matiang’i.

Here is a chronology of what happened.

On the 1st of November 2018, Buantai made a report to the DCI headquarters vide a referral CID/C/GEN/COMP/6/11/2018/1021 alleging that she is a director of Atticon Limited together with Senator Mithika Linturi holding 50 and 1050 shares respectively.

She alleged that some fraudsters had forged Board of Directors minutes dated 28th April 2017 and removed them from the shareholding and new directors appointed. She called for police investigations.

On the 15th of November 2018, Collins Kipchumba Ngetich a Director of Barons Estates Limited reported to the DCI vide a referral CID/C/GEN/COMP/6/11/2018/1012 alleging that sometime in June 2018, he discovered that the directors of Atticon Limited had fraudulently applied for renewal of an overdraft facility of Ksh I00 million and other dealings without his consent and that after performing a search at the Companies Registry, he discovered that Barons Estates Limited was fraudulently removed from the shareholding of Atticon Limited and they suspect forged documents were used to attain that goal.

Since the two complaints revolved around the same personalities and entities, they were consolidated and an Inquiry file No. I48/2019 was opened.

The investigations were conducted and all persons of interest were interviewed and 26 statements recorded, documents collected and those suspected to be fraudulent, 33 in number were subjected to forensic examination and results obtained.

At the close of investigations, the file was submitted to the Office of the Director of Public Prosecutions on 17th June 2019 with our recommendations and findings. On the 17th June 2020, the Office of Director Public Prosecution (ODPP) returned the file and called for further investigations to be done on various issues.

The same was complied with and on 28th October 2020, the file was re-submitted to the ODPP having covered all the areas that they had raised.

The ODPP returned the file on 16th November 2020 citing further investigations to be conducted. The same was complied with and the file was returned on the 28th January 2021 having complied with the directives.