A former chairman of the National Council of Non-Governmental Organisations charged with theft of Sh11.79 million in donor funds has blamed a late cabinet minister, William ole Ntimama, for his current woes.
In a sworn defence before Milimani magistrate Ben Mark Enkubi, Simon Sagana Kanani claimed that the late kingpin of the Maa community wanted someone from his community to head the body.
Dr Kanani denied stealing Sh11,793,453 from the organisation and accused Ntimama and a former PS of staging a coup to oust him as chairman of the NGO body in Kenya.
Dr Kanani, who took over the leadership from the late Orie Rogo Manduli, said "a coup was staged in a nefarious plot to oust me".
Led in his defence by Elisha Ongoya and cross-examined by prosecutor Virginia Kariuki, Dr Kanani insisted that no money was stolen as all expenses were approved by the board.
Dr Kanani is being prosecuted alongside lawyer Lucas Chacha Matiko, a former treasurer of the organisation, and the chairman of an aviation company, Philip Chris Obure.
In their affidavits, Kanani, Matiko and Obure told the magistrate that they "ran the organisation in a highly professional manner, which attracted substantial donor funding".
The magistrate heard that the late minister was drumming up support for David Ole Konchellah to take over the leadership of the National Council of NGOs.
Mr Enkubi heard that Ole Ntimama was in favour of removing the entire board of the National Council of NGOs.
A prosecution witness, Cheruiyot Nyoros, confessed in court when he testified that a coup had been orchestrated to remove Dr Kanani and the entire board of the NGO, which oversees over 6,000 organisations.
"Do you remember a prosecution witness, Simon Cheruiyot Nyoros, testifying in court that he refused to implicate you because you were not from the Maa community?" asked Prof Ongoya as he led Dr Kanani in his defence.
"Yes, I vividly remember Nyoros saying that he refused to be drawn into the nefarious plot to bring me down and remove me from office because I was not from the Maa community," Dr Kanani replied.
Simon Kanani former chair of NGO body denies theft of Sh12m donor funds
The same allegations were echoed by Matiko and Obure who said the forces against Dr Kanani's leadership were out to remove them from office by hook or by crook.
The accused, who denied theft and conspiracy to defraud the NGOs, told the court that they were framed because all the monies received to fund the NGOs were properly utilised across the country.
"We have done nothing wrong. We were arrested and charged with theft and conspiracy to commit fraud. There is no evidence to prove the cases against us, free us," Sagana, Matiko and Obure urged Mr Enkubi.
Mr Enkubi was told that the case was investigated by a police officer named Ole Sunkuli, who did not even visit the offices of the NGO Council.
The magistrate even heard that the police officer collected cheques allegedly signed by Dr Kanani and Matiko from a local bank.
The magistrate was also presented with the registration certificate of a Migori-based company, Beacom Booksellers, which was said to be non-existent and which had done business with the NGO council.
Kanani, Matiko and Obure are accused of stealing Sh11,793,453 from the National Council of Non-Governmental Organisations on various dates between September 12, 2008 and June 29, 2009.
They have also denied charges of conspiring to defraud the Council of NGOs by creating fictitious network meetings and seminars across the country.
They were accused of claiming that the Sh11.7 million had been disbursed to members in the form of allowances and accommodation.
