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DPP probes suspected fraud in city trader-Brazilian embassy official liquor deal

The Director of Public Prosecutions (DPP), Renson Igonga, has been tasked with unraveling the intricate web of a purported fraudulent liquor business deal involving a city trader and a senior executive from the Brazilian Embassy in Nairobi.

The investigation was prompted after a senior resident magistrate at Milimani Law Courts, Ben Mark Ekhubi, granted the prosecuting counsel, Ms Virginia Kariuki, additional time to examine a plethora of WhatsApp and text messages exchanged between Mr Brian Birongo Motanya and Ms Lydia Kemunto Magonga.

Ms Magonga, an executive assistant at the Brazilian Embassy, claims to have been defrauded of Sh1.5 million in a business deal related to distributing liquor to the Department of Defence (DoD).

During a recent court session, Ms Kariuki informed the magistrate that the case, initially scheduled for hearing on January 29, 2024, required more time for the prosecution to analyse the extensive communication records between the accused, Motanya, and the complainant, Ms Magonga.

“I have just received a voluminous file containing thousands of WhatsApp and text messages exchanged between the accused (Motanya) and the complainant (Lydia). I need time to peruse them and then flag those relevant to this case,” Ms. Kariuki pleaded.

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The court directed that the case be given a fresh trial date to allow both the prosecution and the defense adequate time to review the evidence.

The file, comprising over 300 pages, holds a substantial amount of digital correspondence that will be crucial in establishing the merits of the case.

In response to the prosecutor’s request for an adjournment, the defense lawyer concurred that additional time was necessary to thoroughly review the extensive file, which includes thousands of WhatsApp and text messages.

Following the deliberations, the magistrate granted both the DPP and the defense lawyer the requested time to meticulously examine the digital communication records pertinent to the alleged fraud case.

Motanya, aged 26, stands accused of fraudulently obtaining Sh1,520,000 from Ms Magonga between November 25 and 27, 2022.

The charges assert that Motanya deceived Ms Magonga with false promises of initiating a business partnership for distributing liquor at the Department of Defence, specifically in the Westlands sub-county of Nairobi.

Despite vehemently denying the charges, Motanya is currently out on bond.

The court proceedings are set to resume once both the prosecution and defense have thoroughly analysed the voluminous evidence contained in the extensive file.