The Director of Public Prosecutions (DPP), Renson Ingonga, has consolidated a high-profile criminal case involving a fraud scheme where a suspect, Reagan Odhiambo Okello, is charged with defrauding an Israeli national, Cohen Oshry, of Ksh 62 million.
Okello, along with two co-defendants, allegedly promised to secure Oshry a lucrative tender at the Kenyan Ministry of Defense under false pretenses.
The case, which was heard before Milimani Magistrate Gilbert Shikwe, sees all three defendants denying the charges laid against them.
The prosecution alleges that between August 25, 2022, and January 22, 2023, Okello and his co-accused engaged in a conspiracy to steal a total of USD 400,000 (approximately Ksh 62 million) from Oshry.
According to court documents, the accused pretended to be capable of securing a Ministry of Defense tender for the supply and installation of a GSM offensive system.
They purportedly used fabricated documents, including a Request for Proposals (RFP) bearing a false reference number MOD/SDM/CS/01/2023-2024, to create an illusion of legitimacy around the supposed government contract.
The charge sheet details that Okello and his co-conspirators made Oshry believe they could facilitate his company, ISKY Holding Limited, in winning the government tender.
To back up their claims, the suspects allegedly produced a fake cyber security project commitment letter on March 13, 2023, at an undisclosed location.
This letter falsely assured the victim of a contractual commitment with the Ministry of Defense.
Additionally, the accused are charged with producing a falsified Service Level Agreement (SLA) labeled under contract number MOD00322023, which outlined terms for the supply, delivery, installation, testing, and commissioning of a GSM cyber offense system.
This alleged document was presented to Oshry on October 17, 2022, at another undisclosed location as part of the fraud scheme.
The prosecution argues that these fabricated documents were specifically designed to convince Oshry that the tender was genuine, leading him to transfer the substantial sum in hopes of securing the contract.
Such high-level impersonation and document falsification reveal the sophisticated lengths to which the suspects allegedly went to gain the victim’s trust and ultimately defraud him of millions.
During the court session, the prosecution emphasized the impact of such fraudulent schemes, especially in the context of Kenya’s reputation in international business dealings.
Cases like this one, they argued, could deter potential investors and harm the country’s reputation as a trustworthy business environment.
The DPP’s office stressed the importance of addressing such fraud cases with the utmost rigor to signal Kenya’s commitment to upholding the law and protecting investors from exploitative schemes.
Defense attorneys for Okello and his co-accused, however, argued that the evidence presented by the prosecution was insufficient, calling for a thorough review of the documents presented in court.
They also highlighted that no funds were physically recovered from the accused, leaving room for doubt as to whether the alleged transactions actually occurred.
Defense counsel additionally requested bail, noting that their clients had cooperated fully with law enforcement.
In response, the prosecution requested strict bail conditions, citing the risk of flight and possible interference with witnesses, given the substantial financial stakes involved.
The prosecution maintained that the complexity and high-value nature of the alleged fraud necessitated stringent oversight to ensure that justice is served.
This case shines a spotlight on the persistence of tender fraud in Kenya, where criminals often leverage high-stakes government contracts to target unsuspecting foreign investors.
The case also underscores the significance of verifying contractual and tender details, especially with government-linked deals, where legitimate RFPs can easily be misrepresented by fraudsters.
The court is expected to proceed with hearings in the coming weeks, with the DPP’s office indicating its commitment to pursuing the case vigorously.
The consolidation of this case represents an effort to streamline the judicial process and ensure that all allegations are addressed collectively.
This move may provide a clearer path to justice and serve as a deterrent to other potential fraudsters seeking to exploit foreign investors through false promises and sophisticated schemes.
