A city businessman accused of attempting to defraud a company of an estimated Sh3.8 billion through forgery was yesterday put on the spot by the prosecution for faking medical reports to delay the case.
The accused Isaac Opondo who has been skipping the proceedings, claimed to have contracted Covid-19, and produced a medical record from Agha Khan Hospital which he had linked to the Kenya Medical Research Institution (KEMRI) to justify his failure to appear in court.
However, investigating officer Samuel Okwach from Directorate of Criminal Investigations (DCI), and attached to Central Police Station, told Milimani Senior Principal Magistrate Martha Nazushi that the medical documents presented to court by the accused through his lawyer is invalid.
According to Okwach, he went to KEMRI for verification of the document but it was found to be not a valid document that originated at the institution.
“An officer at KEMRI verified and found that the information on the document about the accused being tested Covid-19 was not valid since. Your honour, the document is a forged document,” said the officer.
Opondo has been charged that on February 5, 2016 with intent to defraud he forged a document namely an affidavit purporting to have been signed by Beatrice Auma indicating she had resigned from Neutronics Communication limited, a fact he knew was false.
According to the prosecution the accused had forged a document being resignation purporting to be genuine document signed by Auma to facilitate dubious transfer of shares worth Sh3.8 billion belonging to the company.
On July 27,2021, the magistrate had ordered verification of the same medical document presented by the accused showing that he failed to attend court because he had been tested Covid-19 positive by Agha Khan Hospital.
But the investigating officer yesterday informed the court that the facility has also denied having tested the accused person.
The prosecution and complainant counsel Danstan Omari challenged the documents alleged to have been obtained by the hospital, with the lawyer arguing that the accused has been evading trial and the matter has been pending in court for a long time.
Nazushi yesterday warned Opondo to stop delaying the case by failing to attend the proceedings and ordered the case to proceed on September 6 without further delay.