Ongwae, Senator Kihika’s husband,10 others charged with conspiracy to defraud the government millions


Twelve people among them former KEBS Managing Directors Charles Ongwae, KRA officials and Nakuru Senetor Susan Kihika’s husband have been charged with conspiracy to defraud the government millions of shillings in revenue.

The accused persons include KRA officials Esther Wangui Watene, Elizabeth Nyambura Kimani, Ali Thuo Chuphi, Alex Maina Ndiritu, KEBS officials Ongwae, Eric Chesire Kiptoo (Director Quality Assuarance and inspections, Cornelious Mwanyamba Mwango, Fredrick Cheruiyot Busongo, Businessmen Samuel Mburu Kamau ( Kihika’s Husband), George Hillary Kamau, Ibrahim Twahir Mohamed and Harrison Ngigi Muchiri.

The twelve are charged alongside three companies; Gendipe Enterprises, Rupai Trading Limited and Landmark Freight Services Limited.

The court heard that the fifteen conspired to defraud the Government of Kenya of revenue amounting to Sh 6,028,582 by concealing import goods of nine containers containing a total of 12060 of 20 litres Hayat Palm Olein brand of cooking oil by falsely declaring the said goods as machinery which attracted lesser tax.

They are alleged to have committed the offence between 24th and 29th January 2018 within Nairobi County, jointly with others not before court.

All are also alleged to have conspired to defraud revenue amounting to Sh 50,299,158 by concealing import goods of seven containers containing assorted household goods and spare parts by declaring them as machinery which attracted lesser tax.

Ongwae, Kiptoo, the Kamaus, Muhamed, Muchiri and the three companies face another charge of conspiring to defraud Sh 4,315,654 by imposing a penalty of 0.5% instead of 15% of the total custom value on import goods arriving in the country without a certificate of conformity.

Other charges

The officials were also charged with breach of trust, connivance to commit an offence, neglect of official duty, abuse of office, concealment of import goods.

Other charges include making a false customs entry and entering in to an agreement with the above companies permitting release of concealed goods.

The accused persons denied the charges apart from Maina, Ongwae and Hillary who did not appear in court to plead to the charges against them.

Additionally nobody was present to plead on behalf of Gendipe which is allegedly owned by one Wycliff Lukalo and Rupai Companies whose directors include Douglas Okemwa Minyonga and Dominic Ogwoka Bunde.

They were releases on a bond of Sh 500,000 or a cash bail of Sh 200,000. The matter will be mentioned on 14th January, 2019. The magistrate also set a mention date on 23rd January, 2019 for pre trial directions.

Summons were also issued to Ongwae to appear in court on 2nd January to plead to the charges. Warrants of arrest were also issued against those who were absent.