A state prosecutor made an application to have all the laptops detained by police be released to the complainant Idris Ahmed Buro since he has already testified in the case.
The prosecutor told trial magistrate Stella Atambo that the purpose of special agent hearing of the case was for the complainant to testify in the case so the laptops should be released to him since no other person was claiming ownership of the same.
But defence lawyers led by Lewis Kanyoko objected the request, saying although their clients are not claiming ownership, they want the laptops to remain until the main case is heard and determined.
However, the magistrate adjourned the case until July 11 when she will deliver her ruling on whether or not to release the laptops to the complainant.
Buro told the court the he was defrauded Sh 88.7 million in a scheme involving award of fake government tenders.
In his lengthy testimony in chief, he identified Mapili David and Mercy Wanjiku whom he said were introduced to him as senior acting head of procurement in the Ministry of Information, Communication and Technology and head of IT, respectively.
The witness who is a director of two companies, told Kiambu senior principal magistrate Atambo that he was defraud after supplying laptops and windows soft ware at the MInistry of Information communication and Technology (ICT) base on fake tender documents.
He was testifying in the on going proceedings in which Mapili, Wanjiku, Jackson Kiharo, Michael Okongo and Alex Mutia Kesyoka have since denied defrauding him of his Sh 88,784,340 through fake government tenders.
The complainant told the court that he was given fake Local Purchase Orders (LPOs) and letters of award with Government letterheads and stamps for three contracts estimated at Sh230 million.
He said he supplied 797 laptops and windows software supposedly to the ministry of Information, Communication and Technology (ICT) at Sh125,926,000 and Sh28,692,000 respectively.
Idris, through his second firm, Sanabil General Supplies Ltd, got a letter of award for supply and delivery of Panolin Hydraulic Lubricant to Government Printer at a cost of Sh74,520,000.
He said all the three awards are dated August 6, 2018, and signed by Mapili for Principal Secretary. He said he used to meet Mapili at the Teleposta offices.
“Mapili told me that the Government was using restricted tendering since the laptops and hydrants were required urgently,” said Idris.
He told the court that upon getting the first LPO, using his first company Naliye Agency limited, he ordered the gadgets from China.
The court heard that when Idris went to Teleposta to deliver the laptops, he was informed that Government stores were full and instead asked to deliver the pieces at a store in Hurlingham.
On the supply of hydrants, Idris said that the accused persons introduced him to a dealer who could supply him with the material for onward delivery.
He told the court that he paid Sh23 million to the ‘approved dealer’.
The court heard that when he went to pursue his payment, he was informed at both Treasury and ICT ministry that there was no such tender.
All the accused persons are charged that on diverse dates of between July 12 and September 3, at Teleposta Towers within Nairobi County, jointly with others not before court, with intent to defraud, they obtained the money from Idris.
The amount included Sh23,000,000 in cash, 797 pieces of HP laptops valued at Sh55,821,880 and 797 pieces of software windows 10 software valued at Sh9,962,500.
The case was adjourned until Thursday when Idris will compete his testimony in the case.