Savannah Clinker chairman granted release despite Sh4.5 billion fraud allegations
By Lucy Mumbi |
The court heard that Ndeta faces eight charges, including conspiracy to commit a felony, obtaining execution of a security by false pretenses, and uttering false documents.
A Nairobi Magistrate Court has ordered the unconditional release of Savannah Clinker Chairman, Benson Ndeta, citing a High Court directive halting his prosecution and detention.
Ndeta had spent the weekend in police custody despite a High Court order issued on Friday suspending his case.
Appearing before Milimani Magistrate Gilbert Shikwe, he faced charges linked to defrauding ABSA Bank of $35 million (Sh4.5 billion), allegedly while acting on behalf of Savannah Cement Limited.
The court heard that Ndeta faces eight charges, including conspiracy to commit a felony, obtaining execution of a security by false pretenses, and uttering false documents.
He has however pleaded not guilty to all accusations.
The businessman has also been accused of obtaining credit by false pretenses, making a document without authority, and uttering false documents.
Ndeta's legal team, led by lawyer Cecil Miller, urged the court to grant cash bail pending the trial's outcome. Miller argued that his client is prepared to comply with the court's directives. However, the prosecution opposed the bail application, describing Ndeta as a flight risk.
The prosecution relied on an affidavit by the case’s investigating officer, which outlined concerns that Ndeta might flee the country, tamper with evidence, or interfere with witnesses.
The affidavit also highlighted that Ndeta had not disclosed his place of residence, raising fears of potential abscondment.
"The accused is the chairman of Savannah and a person of interest. The complainants in this case are his co-directors, and there is a significant likelihood of him interfering with witnesses," the prosecution said.
The court was also informed that the funds in question, suspected to have been wired to offshore accounts, remain unrecovered.
Magistrate Shikwe deferred his ruling on the bail application, scheduling the matter for mention on January 30, 2025.
The High Court is set to provide further directions on January 21.
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