A non-executive director of a company linked to a Sh96 million fraud has laid the blame on tycoon Don Bosco Gichana.
Gladys Moraa of Malch Construction Company Limited who happens to be Gichana’s sister told Milimani Chief Magistrate Francis Andayi that the fraud involving Fina Bank Limited (FBL) now Guaranty Trust Bank Kenya, was masterminded by her kin.
Pleading with the court to acquit her, Ms Moraa said she has suffered economically for the past 11 years for a crime she neither committed nor benefited from.
Ms Moraa who broke down before Mr Andayi said the fraud was engineered by Gichana and former Fina Bank Limited manager, Mr Graham Sagwe, who is also facing charges.
“Your honour, as a non-executive director, I used to sign a whole cheque book but how monies were paid I don’t know,” she testified.
She told the court that the beneficiaries of the fraud had returned the money except for Sh15 million, of which Sh10 million is supposed to be refunded by Ms Sagwe and the rest by her company.
The court also heard that when the Banking Fraud Unit of the Central Bank of Kenya first detected the fraud, Sh58 million was intercepted and returned to the lender.
Justice Mohammed Warsame compelled the beneficiaries to return the monies upon which charges against them were dropped.
She also testified that a lawyer identified as Ian Maina, returned Sh33 million and another known as Albert Kuloba, returned Sh520,000.
Ms Moraa who is also charged alongside Mr Robert Moseti said he (Moseti) returned his share of Sh9 million which had been deposited in his Barclays Bank account (now Absa Bank).
Ad Dot Company refunded Sh8 million while her brother paid Sh12 million.
While Malch Company was committed to paying the balance, Gichana’s arrest in Tanzania posed a problem, she said.
“No, I never and l have never conspired with anybody. It is my brother –Don Bosco Gichana — who called me a day before he and Mr Sagwe were charged telling me he has been arrested but he will handle it,” she responded to a query put to her by her lawyer.
Ms Moraa wants the court to give her time to refund the money as the bank also confirmed its willingness to accept the refund.
The Sh96 million was diverted from FBL through Eco Bank. It was supposed to be payment for a Chinese contractor.
The hearing will resume on October 29.