NAIROBI, September 3 – A former Director at the Kenya Reinsurance Corporation and an ex-Reinsurance Manager at Heritage Insurance were on Wednesday arraigned in a Nairobi Court to plead to corruption charges.
John Kinyua and Charles Kinuthia did not plead to the charges though after their lawyers complained before the Nairobi Senior Principal Magistrate Cecilia Githua that the Kenya Anti Corruption Commission (KACC) had already charged them with the same offence.
Lawyer Owino Opiyo for Kinuthia told the court that his client was facing about three civil and criminal cases based on the same facts, and could not understand why another case had been filed.
Opiyo submitted to the court that his client had already been served with another notice in which he has been informed that he will also be arraigned in court next week over the same matter.
“Why is the accused (Kinuthia) being brought to court by the same parties on piece meal basis?” posed the lawyer.
He urged the court to defer taking the plea, and allow his client to seek directions from the High Court, over the ‘deliberate’ failure by KACC to consolidate charges – a hitch he claimed was prejudicing the rights of the accused.
Similarly, the court heard that prior to Kinyua’s arraignment in court; there had been correspondence between parties in the case, which his lawyer, O. Boromoto, said was in regard to the said property.
Boromoto informed the court that the Kenya Re-insurance Corporation had already made a counter claim in a related High Court suit against his client; where it is claiming Sh3.2 million.
He complained that it was likely the KACC was using defence statements adduced in the other cases to press new charges.
The two officials were to be charged with two counts of fraudulently selling a house belonging to the re-insurer on diverse dates between August and October 2003.
The house, situated in Villa Franca Estate, was allegedly bought by Kinuthia, for Sh3 million.
The case was adjourned to September 12, after the prosecution asked for more time to respond to the complaints.