The Anti -Corruption Court has ruled that businessman Ben Gethi Wangui who is facing corruption charges relating to Sh105 million fraud involving a tender to supply election material to the Independent Electoral and Boundaries Commission (IEBC) in 2013 has a case to answer.
Chief Magistrate Lawrence Mugambi said that he was satisfied that a prima facie case had been established against Gethi and six co-accused persons Joyce Makena and former IEBC employees Adan Adano, Kennedy Ochae, Abdi Etema Ali, Gabriel Ngonyo Mutunga and Willie Gachanja Kimanga.
“After evaluation of the evidence adduced by prosecution witnesses, I am satisfied that a Prima facie case has been established against the accused persons therein. I therefore put them on their defence,” ruled the magistrate.
Gethi is also a key suspect in the Sh791 million NYS case that is still pending before the criminal court.
In the case, Gethi and his associate, Makena, are accused of forging documents to secure a Sh200 million tender for the supply of solar lanterns to IEBC.
The two are Directors of Solarmark Technologies which bid for the supply of lanterns for use at the general election at a cost of Sh127,400,000
Solarmark is said to have contracted to procure 30,000 solar lanterns to the IEBC before the public procurement appeals board reversed the results following complaints from another bidder.
It is said that Solarmak Technologies Ltd, had submitted a bid for a tender to supply lanterns to be used in the March 2013 general elections.
The company was to supply the lanterns for Sh127 million while a competing company, Konnexions Systems Ltd, had offered to provide the lamps for Sh107 million.
But Solarmak Technologies’ tender documents were later altered to read Sh105 million.
Charges state that on diverse dates between October 22 and 23, 2012, the accused at Anniversary Towers in Nairobi, they jointly conspired to fraudulently alter the substance of a tender submitted by M/S Solarmak Technologies for the supply of solar lanterns for the March 4, 2013 General Election The court fixed the defence hearing on January 24.