Interior CS Fred Matiang'i has revealed 37 criminal charges facing Meru Senator Mithika Linturi in a statement sent to Parliament dated Thursday, May 6.
The CS was explaining the intrigues behind Linturi's arrest on Wednesday, April 28, which was claimed to be politically instigated.
In the statement, Matiang'i stated that the Jubilee politician was under investigation for providing false information in a fraud case. According to the CS, police were notified that directors of a company known as "Atticon Limited" fraudulently applied for renewal of an overdraft facility of KshI00 Million and other dealings without the consent of a director of their sister company - Barons Limited.
The alleged directors of Atticon Limited were one Emily Nkirote Buantai and Senator Linturi.
Collins Kipchumba Ngetich, a Director of Barons Estates Limited filed the report on November 15, 2018, at the DCI offices. He further claimed his company had been fraudulently removed from the shareholding of Atticon Limited through forged documents and that they suspect forged documents were used to attain that goal.
“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,” Matiang’i said.
However, on November 1, 2018, Emily Nkirote 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 April 28, 2017, and removed them from the shareholding and new directors appointed. She called for police investigations.
At the close of investigations, the file was submitted to the Office of the ODPP (Office of the Director of Public Prosecutions) on June 17, 2019, with our recommendations and findings. On June 17, 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 October 28, 2020, the file was re-submitted to the ODPP having covered all the areas that they had raised. The ODPP returned the file on November 16, 2020, citing further investigations to be conducted. The same was complied with and the file was returned on January 28, 2021, having complied with the directives.
The ODPP returned the file on 9th February 9, 2021, with consent to prosecute the suspects namely Senator Linturi Mithika and Emily Nkirote Buantai.
The two face the following criminal charges:-
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 Count.
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.
“Honourable Chair, the above 37 Counts are all criminal charges investigated and approved for prosecution and are not Civil at all,” Matiang'i finished.
