Summary
- Mr Richard Malebe said he only registered the company- CMC Di Ravenna Kenya -in his professional capacity and played no role in stealing the funds as alleged.
- He said the Director of Public Prosecutions (DPP) was abusing the court process by preferring charges against him.
- But the DPP through Taib Ali Taib said Mr Malebe’s role was not only to register the company, but he was also a director, the company secretary and its representative.
An advocate who registered the Kenyan arm of the Italian firm
accused of receiving billions of shillings for the construction of
Kimwarer and Arror dams is fighting to stop fraud charges against him.
Arguing
before Justice Mumbi Ngugi Monday, Mr Richard Malebe said he only
registered the company- CMC Di Ravenna Kenya -in his professional
capacity and played no role in stealing the funds as alleged.
He said the Director of Public Prosecutions (DPP) was abusing the court process by preferring charges against him.
“The
reputation of the petitioner, who is an advocate and a certified public
secretary stands to suffer if the actions of the first respondent is
not restrained,” his advocate Elisha Ongoya said.
He
denied being a director, shareholder or official of the company but said
he executed the forms as a company secretary as well as the person
authorised in the Companies Act, to accept service of process and any
notices required to be served on the company in Kenya.
But the DPP through Taib Ali Taib said Mr Malebe’s role was not
only to register the company, but he was also a director, the company
secretary and its representative.
Former Cabinet
Secretary Henry Rotich, PSs Kamau Thugge, Dr Susan Koech and former
Kerio Valley Development Authority (KVDA) managing director David
Kimosop among others, have denied fraud charges over the construction of
the two non-existent dams. The companies, CMC Di Ravenna Itinera JV and
CMC Di Ravenna Itinera JV Kenya branch, together with Mr Paolo Porcelli
are accused of fraudulently receiving USD 33,663,324 between December
7, 2014 and September 7, 2018.
On Monday, Mr Taib said
the DPP did not prefer the charges against the advocate for rendering
professional services but there was evidence, including CR12 from the
registrar of companies, showing that he was the company secretary.
“He
is only posing as an innocent advocate for sympathy. Not only was he
identified and described as a director of the company but also its
authorized person. By his own admission, he confirmed that he is the
company secretary since its registration in October 2014,” he said.
Mr
Taib told the court that Mr Malebe cooperated with the company to
commit crime and he should not escape by playing innocence. “The charges
are brought in the enforcement of the criminal law, in good faith and
there is no intention to bar the petitioner from his profession as an
advocate, not to prevent him from practicing as such. The charges are
premised on solid evidential and legal basis devoid of any extraneous
considerations,” he said.
The court heard that although
the contract was awarded to CMC Di Ravenna Itinera- South Africa, the
Kenya branch received Sh4.3 billion for Arror and a further Sh3.5
billion for Kimwarer multi-purpose dam.
Mr Mabele, who
is yet to plead to the graft charges, challenged his prosecution on
claims that he was being persecuted for rendering professional services.
But
in reply, Mr Taib said projects were concocted purely for purpose of
looting public funds and the DPP considered all the facts and confirmed
that there was enough evidence to secure a conviction against Mr Malebe.
Justice Ngugi will give her judgment on April 29.
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