Ms. Gladys Moraa of Malch Construction Company Limited told Mr. Andayi that over the past 11 years she has suffered economically and emotionally for a crime that she has neither committed nor benefited from .
She announced that the fraud was hatched by her brother, Mr. Don Bosco Gichana, and a former manager of Fina Bank Limited, Mr. Graham Sagwe, who was also charged.
Ms. Moraa informed Mr. Andayi that the beneficiaries of the fraud returned the money and a balance of Sh15 million following the intervention of the Colonel Judge Judicial review, Mohammed Warsame, before the case was brought.
The review was requested by attorney Macharia Njeru, now a member of the Judicial Service Commission (JSC).
Sh58 million intercepted
As the fraud from the Banking Fraud Unit of the Central Bank of Ke. Nya said Ms. Moraa said Sh58 million was intercepted and returned to the lender. It listed beneficiaries to whom Malch had paid the money.
Judge Warsame forced them to return the money and the charges against them were dropped. < / p>
Ms. Moraa who, along with Mr. Gwaru, Mr. Sagwe and Mr. Robert Moseti, committed the conspiracy to fraud and steal Sh96 million from Eco Bank Limited, the property of Fina. , Bank Limited, said a city attorney, Ian Maina, repaid Sh33 million.
Another attorney, Mr. Albert Kuloba, returned Sh520,000, said she.
She added that her co-defendant, Mr Moseti, had repaid Sh9 million deposited in his account at Barclays Bank of Kenya (now Absa)
Another Sh8 million paid to the Ad Dot Company were also refunded .
She added that her brother Gichana returned Sh12 million, leaving a balance of Sh15 million, which I should sort out.
From this balance of Sh 15 million. said Ms. Moraa that Mr. Sagwe was 10 million Sh. ought to reimburse.
brother gave instructions
she said her brother, the owner of the company , have given instructions on how you and Mr Gwaru should pay out the money.
“Your Honor, as non-executive director I signed an entire checkbook, but like them Funds were paid out, I don’t know. I don’t know, “said Ms. Moraa.
Led in her affidavit by attorneys Ishmael Nyaribo and Danstan Omari, Ms. Moraa said:” Malche was ready and is still ready to pay the balance of Sh 15 million. returned to FBL. ”
However, she said Malch was in on a problem with the repayment of the money after Mr. Gichana was arrested and imprisoned. encountered Tanzania. He has since been released.
Mr. Andayi has heard that Mr. Gichana and Mr. Sagwe hatched the FBL fraud conspiracy to get the money for a Chinese company have redirected Malch’s account at Eco Bank.
She said she had never had an account with FBL.
” As you stand here today, can you tell this court if you conspired with someone to defraud FBL? ” Mr. Nyaribo asked Ms. Moraa.
“No, I never and I have never conspired with anyone. It’s my brother – Don Bosco Gichana – who took me one day Called Mr. Sagwe before the charges against him and told me he was arrested, but he will take care of it, ”Ms. Moraa replied.
Call from the taxi driver
She further told the trial judge that she learned of the fraud when a taxi driver called her and told her that her name was in the media for a bank fraud in the amount of 221 million shredders.
She testified this after buying a copy of the Daily Nation in November 2010, she locked herself in her bedroom where she read it “in complete disbelief”.
Ms. Moraa later said that Mr. Nyaribo called her and asked her to prepare she had to plead the fraud in court.
She informed the judge that she had learned from investigator Fredrick Musyoki that it was Mr Sagwe and her brother who hatched the conspiracy to defraud the bank.
Ms. Moraa begged the court to acquit her childhood.
The defendant asked the court to give her time to repay the money Malch owed. The defendants have since turned to the DPP to repay the money.
FBL has confirmed its willingness to accept the refund with the court.
The deal will release them or give them a lesser penalty under a bargain program that attracts millions the bank now owned by the Nigerian lender Guaranty Trust Bank.
The Sh96 million was used to pay a Chinese contractor to a Kenyan company, which is affiliated with Don Bosco Gichana, Malch Construction, and had not carried out any construction work, via Eco B. redirected tok.
Hearing will continue on October 29, 2021.