CAPTION: Lavender Waindi, Wilson Karaba, and Stanley Kebathi when they appeared before the court on Tuesday
A Nairobi court has today deferred fraud charges against Interconsult Company Limited Director Kariuki Mucheni.
This was after confusion arose over the name of the accused persons after one Eugene Jayson Kariuki appeared in court to plead to the charges on behalf of the company while the charge sheet had the name of Eugene Kariuki Muchemi.
“The Investigating officer does not know the identity of the accused person though the said company was registered under one Eugene Kariuki Muchemi, we ask for a mention date to confirm the identity,” the prosecution told the court.
Following the sudden development, Chief Magistrate Wendy Kagendo, therefore, directed the matter to be mentioned on March 8th, 2021 for plea-taking.
In the suit, Director Kariuki Mucheni is charged alongside a legal officer from Multichoice Ltd as well as two engineers for conspiracy to defraud Cementers Kenya Ltd over Sh895 million.
Lavender Waindi, Wilson Karaba and Stanley Kebathi appeared before Milimani Law Courts Magistrate Wendy Micheni where they were accused of making a false document.
The group had previously been charged and pleaded not guilty before Magistrate Jane Kamau on January 5th 2022.
According to the charge sheet, on February 2017, at an unknown location in Kenya, Muchemi made a false document named structural integrity investigative report for Multichoice Kenya on plot LR No 3734/421 on a proposed office block.
In the same month 2017, Muchemi is alleged to have knowingly and fraudulently uttered that the said document was a valid and genuine structural integrity investigative report.
It is further alleged that, on the 6th of April 2017, at an unknown location in Kenya, Lavender Lucky incited Eugene Muchemi to extract part of the structural integrity investigative report of the said land parcel for Multichoice Kenya dated February 2017 that was to be presented to cementers limited.
The charges further state that, on various dates between 1st February 2017 and 30th April 2017 at an unknown location in Kenya, Eugene Muchemi, Wilson Munyu, Stanley Kibathi, and Lavender Lucky, being the directors of Interconsult Engineers Limited, Connapex Structural and Civil Engineering, SK Archplans and head of legal at MIH East Africa respectively jointly conspired together to defraud Multichoice Kenya Limited by intentionally altering the structural integrity investigative report for the proposed office block to favor the structural Engineer against cementers limited and to demand compensation from them.
They are out on a bond of Ksh 500,000 and one surety or a cash bail of Ksh 100,000.
Muchemi was jailed for a year by a Nairobi court for copyright infringement of software.
Senior Resident Magistrate TN Sinkiyian ordered Kariuki Muchemi, a director of Interconsult Engineers Ltd to pay a fine of Sh120,000 if he is to escape jail.
Muchemi was last year convicted of two counts of copyright infringement. He was found guilty of being in possession of computers containing infringing Auto Card 2009 and 2013 software whose copyright is owned by Autodesk Inc.
He was further ordered to pay Ideate technologies, the authorized dealers of the software in Kenya, Sh240,000 as compensation or serve an additional 10 months in prison.
On 10th June 2014, following a complaint made by Ideate technologies limited, KECOBO inspectors accompanied by the complainant conducted a raid at Interconsult Engineers Ltd. Located at Jadala place along Ngong lane within Nairobi County.
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