A businessman on Thursday narrated in court how he was tricked into signing a Sh260 million fake laptops tender at Deputy President William Ruto’s office.
Charles Kamolo Musinga told Milimani Chief Magistrate Martha Mutuku that the fake deal that saw him and Stephen Ngei Musyoka lose Sh180 million was signed at Ruto’s third-floor office, Room 003 at Harambee House Annex.
Musinga and Musyoka are co-directors at Makindu Motors Limited, where each owns a 50% share of the company. They are the complainants in the fake tender case.
Musinga said that he was approached by Augustine Matata, one of the accused persons in the case, who asked him to apply for tenders at Ruto’s office.
On May 18th, 2018, he received an email indicating that Makindu Motors Limited had been shortlisted to take part in the 2018-2019 tenders.
Later, Matata called him for a meeting at Ole Sereni Hotel, where he was introduced to a woman named Miss Muhoro, who claimed she was in charge of procurement at the office of the deputy president. She also claimed to be the secretary to Mr. Wanyonyi, a purported assistant to Ruto.
At Ole Sereni, Miss Muhoro promised to organize another meeting in her office at Harambee House Annex to finalize the supplies tender.
On May 30th, 2018, Musinga and his co-director were invited to the deputy president’s office by Miss Muhoro, where they were picked by an unidentified man who took them to the third floor, Room 3, using the VIP lift.
The two found Miss Muhoro seated in the office and confirmed to them that they had won a tender to supply laptops for the Ministry of Devolution. She gave them a non-disclosure agreement dated March 30th, 2018, Musinga said.
Musinga told the court that the tender indicated that they were to supply 2,800 laptops valued at Sh269,000,000, with his co-director (Musyoka) agreeing to finance the project.
On June 28th, 2018, they found a supplier, and the laptops were delivered to Treasury Building as instructed by Miss Muhoro. Musangi said the laptops were received by one Christian Mwendwa, who signed the delivery note.
Musangi noted that delivery was made in trust that the laptops would be taken to Ruto’s office since they had had already been physically there during the meeting.
Matata is charged in the Sh180 million fake tender case alongside Allan Chesan, Teddy Awiti, Kevin Nyongesa, Joy Kamau, James William Makokha alias Wanyonyi, and Johan Ochieng Osore.
The seven are accused of offering a tender document under the name of the Office of Deputy President for the supply of 2,800 laptops with intent to defraud. The alleged offense was committed on diverse dates between May 30th, 2018, and August 12th, 2018.
The accused persons are also charged with making an LPO document purporting it to be a genuine Local Purchase Order issued by an assistant procurement officer at the Office of the Deputy President.
They are also charged with obtaining goods by false pretense. The court heard that the seven obtained the laptops, the property of Makidu Motors Limited, by purporting that they had a genuine tender document from the deputy president’s office.