Police seek to detain Swaleh, five others in case of alleged extortion

The DCI seeks to detain Swaleh and the five for 14 days pending investigations in case of alleged extortion

In Summary
  • In a miscellaneous application filed by Inspector Nicholas Njoroge, he states that the respondents were arrested on June 23, in the Prime Cabinet Secretary's office on suspicion of having committed various offences.
  • The five include Otieno Japolo Michael, Terry Kemunto, Daniel Omondi Gogo, John Musundi Wabomba and James William Mokoha.
Salim Swaleh at Milimani Law Courts on June 24, 2024.
Salim Swaleh at Milimani Law Courts on June 24, 2024.
Image: DOUGLAS OKIDDY

The Director of Criminal Investigations has filed a miscellaneous application before a Milimani court seeking to detain Prime CS Musalia Mudavadi's press secretary Salim Swaleh and five others in a case of alleged extortion.

The DCI seeks to detain Swaleh and the five for 14 days pending investigations. 

In a miscellaneous application filed by Inspector Nicholas Njoroge, he states that the respondents were arrested on June 23, in the Prime Cabinet Secretary's office on suspicion of having committed various offences.

In the application before the court, he states that they were suspected of committing an offence of Conspiracy to commit a felony contrary to section 293 of the Penal Code,  Attempt to obtain money by false pretence contrary to section 313 as read with section 399 of the Penal Code, personating a person employed in the public service contrary to section 105(b) of the penal code and Abuse of office. 

The five include Otieno Japolo Michael, Terry Kemunto Sese, Daniel Omondi Gogo, John Musundi Wabomba and James William Mokoha

In his application, the officer states that the complainants are foreigners from Dubai and South Africa respectively whereby they were allegedly lured to the country to secure a tender to construct two stadia for the upcoming AFCON 2027 games.

"The respondents were arrested in Swaleh's office who is the Director of Press service," the officer claims in his application.

"The complainants were made to believe that after the meeting at the Prime CS office, they would meet other government officials from the Ministry of Interior, Ministry of Sports and Youth Affairs, two senators from the budget committee of parliament and sports committee members to secure the tender of building the stadia."

The officer in his application claimed that upon entering the said office, Swaleh allegedly paved the way allowing the other suspects to hold a meeting with the foreigners where Japolo allegedly personated himself as the chairman of the government delivery unit domiciled at the office of the Prime CS and would assist the foreigners in speeding up the tendering process.

In his application, the officer stated that the complainants were to part with USD 45,000 equivalent to Sh5,850,000 as a registration fee before securing the tender.

The police in his application claimed the respondents breached security protocol by entering the office of the Prime CS without an appointment and thus needed to investigate who aided their entry and other possible missions. 

"We need more time to record statements from the main Contractor based in UAE who was also a victim, to obtain company registration details from relevant offices in Kenya, Dubai and South Africa," the officer alleged in his application.

He added that the nature of the investigation is complex as it involves foreigners and the communication channel must observe diplomatic protocol thus sufficient time is needed to get the responses. 

"That the respondents are likely to interfere with the ongoing Investigations if released," he stated in his application.

"We seek custodial order to have the respondent detained at Capitol Hill police station for 14 working days. It is fair and just for this honourable court to grant the order prayed."

Swaleh is yet to be arraigned before the court. 

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