This archive report was first published on 12 September 2019.
Lawyer Tom Ojienda, a senior counsel, was arrested by the DCI on Friday, December 28, 2018, over allegations of defrauding Mumias Sugar Company of Sh 200 million in legal fees.
According to a statement by the Office of the Director of Public Prosecution (ODPP), Ojienda was taken to the DCI Headquarters on Kiambu Road for questioning.
The ODPP stated that the arrest was approved by DPP Noordin Haji after receiving investigation files from the DCI's legal department, which had been investigating the loss of Sh 200 million from the sugar company.
On December 28, 2018, the ODPP released a statement detailing the inquiry into allegations of obtaining money by false pretences by Professor Tom Ojienda SC and others from Mumias Sugar Company as legal fees.
Since the beginning of the year, the DCI and the ODPP received several reports of financial misappropriation and fraudulent dealings that affected several sugar milling industries.
Investigations found that about Sh 89 million was paid out in the fraudulent schemes, with Senior Counsel Professor Tom Ojienda being one of the advocates involved.
The ODPP stated that it was satisfied that there was sufficient evidence to support the charges and that it was in the public interest to prosecute the suspects for the following offences:
- Obtaining money by false pretences contrary to section 313 of the Penal Code
- Uttering false documents contrary to section 353 of the Penal Code
- Abuse of office contrary to section 101(1) of the Penal Code
- Conspiracy to defraud contrary to section 317 of the Penal Code
The DPP directed prosecution to ensue immediately.