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Salim Swaleh, 5 others released on bail amid probe into fraud at Mudavadi's office

Suspects in the Sh5.8 million AFCON 2027 fraud scheme at the Milimani Law Courts in Nairobi on June 24, 2024. (Photo: Joseph Ndunda/EV)

By Joseph Ndunda | Wednesday, June 26, 2024

They were granted Sh400,000 cash bail or Sh1 million bond each to secure their freedom as the Directorate of Criminal Investigations (DCI) investigates the matter.

Salim Swaleh, the press service director in the Office of the Prime Cabinet Secretary and the Ministry of Foreign and Diaspora Affairs, and five others have been released in a case where they are accused of attempting to defraud foreigners.

Salim, suspected serial fraudster Michale Japolo Otieno, Terry Kemunto Sese, Daniel Omondi, John Musundi, and James William Makokha were arrested following a tipoff that led to intense surveillance and a subsequent sting operation at CS Musalia Mudavadi’s office at the Kenya Railways building in Nairobi.

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In a ruling on Wednesday, they were granted Sh400,000 cash bail or Sh1 million bond each to secure their freedom as the Directorate of Criminal Investigations (DCI) investigates the matter. They are being investigated by DCI's Operations Support Unit (OSU).

Senior Principal Magistrate Benmark Ekhumbi released the suspects after hearing the arguments of lawyers Danstan Omari, Samuel Nyaberi and Shadrack Wambui.

Inspector of Police Nicholas Njoroge of the OSU had pleaded with the court to allow him to detain the suspects at the Capitol Hill Police Station for 14 days pending the investigations.

The defence lawyers argued that the detention was unnecessary and the magistrate agreed that detaining the suspects would not help the DCI in any way.

It was also agreed that since they do not work in the offices where the DCI is hunting most of the evidence, they cannot influence those offices to make it difficult for the DCI to obtain the evidence.

The matter will be mentioned on July 11, 2024, when some or all of the suspects are expected to be charged.

All six suspects are being investigated for a joint offence of conspiracy to commit a felony contrary to section 393 of the Penal Code by attempting to obtain money by false pretence in contravention of section 313 of the Criminal Procedure Code (CPC).

Salim was arrested for allowing the other suspects to meet the foreigners at his office and the DCI is investigating him for abuse of office contrary to section 101 (1) as read with section 102 (a) of the CPC for allowing the meeting in the premises where they hoodwinked the victims.

Otieno is being investigated for personating a person employed by the public service, contrary to section 105 (b) of the CPC, where he is accused of presenting himself as the head of the Government Delivery Unit located at Prime Cabinet Secretary Musalia Mudavadi's office.

The suspects were promising the foreigners a tender for the construction of two stadia ahead of the 2027 AFCON games.

The foreigners were to cough up $45,000 in registration fees to hasten the process of securing the tenders. They were told that after the meeting at the PCS's office, they would meet other government officials from the Interior and Sports ministries.

Others the victims were to meet include two senators in the parliamentary Budget and Sports committees.