Jillo Kadida
3 September 2008
Nairobi — A former executive of a State corporation was on Wednesday charged with fraud and abuse of office.
However, Mr John Kinyua, who was finance director at Kenya Reinsurance Corporation, did not plead to the charges after his lawyers raised objections.
Mr Kinyua said the Kenya Anti-Corruption Commission had charged him with the same offence in different courts. He wants the matter referred to the High Court for constitutional interpretation.
He is asking the High Court to determine whether the charge amounts to a violation of his constitutional rights before he can plead to it.Confer benefit
He is accused of using his office to improperly confer benefit on Mr Charles Kinuthia Gichane by allocating him a house in Villa Franca estate, belonging to the corporation.
Mr Kinyua is said to have committed the offence on diverse dates between August 19 and October 27, 2003, during his tenure as the finance and corporate services boss at the reinsurance firm.
He is also charged with fraudulently disposing of public property.
Mr Kinyua and Mr Gichane are also accused of wilfully procuring the registration of the latter as the title holder for the property in question by falsely pretending that he had paid Sh3.2 million to the corporation.
On Wednesday, the case was adjourned to September 12 to give the prosecution time to respond to the application.
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