A Nairobi court has instructed the Ethics and Anti-Corruption Commission (EACC) to conduct an investigation into allegations of a Sh2 million extortion scheme involving lawyer Danstan Omari and detectives from the Directorate of Criminal Investigations (DCI).
Justice Nixon Sifuna, presiding over the Milimani Anti-corruption court, has mandated the EACC to obtain statements from Richard Tsado Bala and Lot Ziko Tsado, both Nigerian directors of Vital Quest International, who had raised complaints against the implicated individuals.
In response to the serious allegations, Justice Sifuna has directed the EACC Director to promptly record statements from the complainants and thoroughly investigate the extortion claims against the DCI officers, lawyer Omari, and his client, Ann Wambui Ndung’u.
The complainants, both granted Sh300,000 anticipatory bail, had accused the detectives of using one of the company’s local directors to extort money from them under the guise of an ongoing investigation.
Justice Sifuna emphasized the gravity of the allegations and prohibited the police from arresting the Nigerian directors during the ongoing investigation. The Nigerians claimed that the detectives demanded the bribe to avoid charging them for conducting business in the country without the required work permit.
In their defense, the DCI officers and Wambui argued that the money in question was legal fees owed to lawyer Omari.
However, the Nigerians insisted that the agreed legal fee was Sh50,000, which they had already paid. The ruling disclosed that the Sh2 million was allegedly paid in three tranches, as per Omari’s instructions, with each tranche directed to different persons or bank accounts, including Omari’s own account and those of individuals associated with his law firm.
To support their claims, the foreigners submitted emails, letters, phone text messages, and a bank statement from Diamond Trust Bank, T-Mall Branch, detailing the orchestrated extortion scheme.
Despite the seriousness of the allegations, the DCI’s response was deemed inadequate, with the judge noting that it failed to address the substantial issues raised by the complainants.
Justice Sifuna stressed that the court has the right to consider all relevant matters and facts, as the extortion allegations touch upon the integrity of the entire investigation.
Regardless of the foreigners’ lack of work permits, the judge emphasized that the DCI’s actions should be fair, objective, professional, and in adherence to the law. The case is scheduled for mention on February 6, 2024, before Judge Kanyi Kimondo for further directions.
