Hillary Samoei
Danstan Omari
Kiprotich Ronald Tonui
Edwin Ombui Oseko
Hillary Samoei, who appeared before Milimani chief magistrate Lucas Onyina, denied two counts of conspiracy to defraud and cheating.
Lawyer Danstan Omari, who is representing the accused person, successfully pleaded with the court to release him on a lenient cash bail of Sh 500,000 instead of the Sh 1.5 million earlier granted to his co-accused persons who have already been charged.
A senior state attorney did not oppose Omari’s application for lenient bond terms to be granted to his client who he said comes from a poor family.
The prosecutor informed the court that the case would be consolidated with another similar case before the court, and he said the accused persons in that one were released on a cash bail of Sh 1.5 million each pending the hearing of the case and determination. Onyina directed the case to be mentioned on January 16, 2024, for further orders.
The prosecution alleges that between March 10, 2023, and November 21, 2023, at an unknown place within the Republic of Kenya, Samoei, jointly with others already before the court, conspired to defraud the government of a total of 2,398 bags each of 50 kg of subsidy fertilizer valued at Sh 7,063,000.
The second count states that on the same dates at various National Cereals and Produce Board (NCPB) depots, Samoei, using fraudulent tricks, obtained a parcel of land measuring 300 acres with Olololung’a Sub-location in Narok South Sub-County on which he was carrying out crop farming and obtained a total of 2,398 bags of government subsidy fertilizer worth Sh 7,063,000, which he would not have obtained were it not for those fraudulent tricks.
Those already charged are two public officers accused of conspiring to defraud the government of Sh49 million in a subsidized fertilizer deal.
The two, Kiprotich Ronald Tonui and Edwin Ombui Oseko have since denied several charges.
It is said that the two jointly with others not before the court, conspired to defraud the government of 19,913 bags of 50kg subsidy fertiliser valued at Sh49,787,500.
They allegedly committed the offense on July 28, 2023, at an unknown place within the country.
They faced a second count of abuse of office against the law.
According to the prosecution, on November 7, 2023, at the Ministry of Agriculture and Livestock Development Kilimo House within Nairobi County, Kiprotich, in abuse of the said office, arbitrarily recommended the registration of Wilson Letuya Mempe as a farmer with 1,800 acres of land for crop farming at the Melelo sublocation in Narok South.
The prosecution said the recommendation led the farmer to redeem a total of 7,200 bags of 50kg of government subsidy fertilizer valued at Sh18,000,000.
They faced a last count of abuse of office contrary to the law.
The court was informed that Kiprotich also unlawfully recommended the registration of Wilson Marindany as a farmer with 1, 200 acres of land for crop farming in Narok, which would lead to the said farmer redeeming a total of 4,800 bags each 50kg of government-subsidized fertilizer valued at Sh12,000,000.
