Rio Fiasco: Defence lawyer wants Ministry bosses charged

The defence lawyer of one of the four National Olympics Committee-Kenya (Nock) officials charged with offences related to the Rio 2016 fiasco is demanding answers to why no one from the Sports Ministry is yet to be arraigned in court over the scandal.

Speaking to Citizen Digital on Tuesday, Edward Rombo accused the prosecution led by Duncan Ondimu of not supplying the defence with all copies of witnesses’ statements and evidential exits they intend to use in court.

“We are very curious to know who the complainant (s) in this case was or were. We are aware that the Cabinet Secretary for Sports Dr. Hassan Wario is allegedly the one who instigated the investigations and the arrest of the accused by complaining to the DCI (Directorate of Criminal Investigations) to deal with matters of administration of sports in Rio.

“I’m wondering what does that have to do with police, but I’m interested to see what the Ministry officials who are presumably  witnesses in this case have to say in this matter,” Rombo told Citizen Digital.

Rombo who is representing Nock Second Vice-chairman Pius Ochieng charged the case against them has gaps since senior ministry officials led by Wario are also suspects in the case.

“So we are likely to have a ridiculous situation where by the complaint is also arraigned in court alongside the accused. This is a very awkward situation.

“There are charges on the charge sheet where the accused are being charged with conspiracy, but conspiracy with who?” he asked.

He was speaking outside Milimani Law Courts in Nairobi where Ochieng and his co-accused, Ben Ekumbo (First Vice-chairman), Francis Kinyili Paul (Secretary) and Stephen arap Soi (Chef-de-Mission, Team Kenya for Rio 2016) appeared in court to take plea after their cases were consolidated by the State.

All four pleaded not guilty to charges related to conspiracy to steal, stealing by agent, stealing and fraudulent appropriation of games kit before Chief Magistrate, Francis Andayi.

Ondimu however, told the court the defence would be supplied with all the necessary documents before the trial begins.

He said a file pertaining to the case that was not before court was submitted to the Director of Public Prosecutions (DPP) by the DCI Headquarters last week and it was yet to be remitted.

“We are still waiting for it so that DPP can look at it. At this moment we cannot provide all the statements but before the trials we will be able to provide them all,” the State Prosecutor added.

Earlier, Andayi overruled the request by Silvester Nyamberi who is representing Ekumbo opposing to the consolidation of his case with the co-accused.

The Kenya Swimming Federation boss was the last of the Nock officials to be arrested and arraigned in court in relation to the Rio 2016 fiasco.

Andayi ruled that there was no breach of law in the new charge sheet adding that the prosecution was not reviewing the charges against the four and the terms of bond with.

The next mention of the case is scheduled for February 17.

Charges were preferred against the four following the scandal that followed the Rio 2016 Olympics last August where officials were accused of misappropriating money, stealing kit and mistreating Team Kenya athletes.

According to the charge sheet the four officials are facing seven counts in total with Soi charged with five of them.

The beleaguered Team Kenya Head of Mission is accused of stealing USD3000 (Ksh112,000) contrary to Section 268 (1) as read with Section 275, failing to report conveyance of monetary instruments of USD234,000 (Ksh24,300,900) out of Kenya contrary to Section 12 (3) as read with Section 16 (3) of the Proceeds of Crime and Anti-Money Laundering Act.

Alternative to Count 3, Soi is charged with stealing USD234,000 (Ksh24,300,900) that was the property of the Ministry of Sports, Arts and Culture as well as stealing USD18,000 (Ksh1,869,300.00) which had been entrusted to him by Athletics Kenya President, Lt. Gen (Rtd) Jackson Tuwei for purposes of accommodation of federation officials during the Rio Games in Brazil.

The final count relates to stealing USD1,000 (Ksh104,000) the property of the Ministry on July 2o, 2016 at Kencom House in Nairobi.

Ekumbo has two counts, jointly with others not before court, the conspiracy to steal USD10,500 (1,090,425.00) contrary to Section 393 and stealing by agent contrary to Section 283 (c) when he allegedly carted away sports uniform from Nock headquarters in Nairobi.

Paul and Ochieng charged with fraudulent appropriation of games kit, contrary to Section 328 (b) (iii) of the Penal Code.