Senior counsel Tom Ojienda has denied allegations of filing fake cases for Mumias Sugar Company following his arrest on Friday.
on Saturday, the senior counsel dismissed the DPP’s statement as “a big joke and reeks of malice”.
“I would like to state without any fear of contradiction that I do not, I cannot and I have never filed a fake case. I have never conspired with any person to be paid for work not done,” he said.
Insisting that he is a person of integrity and honour, Ojienda added that all his record records pertaining to the instructions with the company and the legal services he rendered are intact.
“I will present all the cases that I have handled for Mumias Sugar Company to the DCI for them to pick out their alleged fake matters,” the statement said.
He also revealed that he was not asked to record a statement during the investigations that resulted into his arrest.
Ojienda has been engaged in a protracted court battle pitting him against the KRA over tax compliance.
The taxman accused him of tax arrears amounting to Sh443.6 million.The High Court ordered that he be issued a tax clearance certificate, but the KRA appealed.
Ojienda said the accusations levelled against him are in “bad faith and flies in the face of the fundamental duty of an Advocate to receive instructions and charge fees from a client”.
In a statement by DPP Noordin Haji, he said his office and that of the DCI had received several reports of financial misappropriation and fraudulent dealings which affected sugar millers, including Mumias.
A team of investigators was therefore constituted by the DCI to inquire into allegations that fake court proceedings, numbers and parties were used by several legal service providers to obtain money (fees) from Mumias.
The DCI found Sh89 million was paid out in the fraudulent schemes, the statement said.
It goes on to say that Ojienda was one of the advocates involved with the assistance of former Mumias officers.
The DCI then recommended that charges be instituted against Ojienda, Peter Kibati (former finance director) and Emily Otieno (former company secretary).
The three are accused of obtaining money under false pretences, uttering false documents and conspiracy to defraud.