The Prosecutions has sought time from a court to establish the relationship between a city trader and a Brazilian Embassy official who claims to have been defrauded Sh1.5million in a liquor business deal to the Department of Defence (DoD).
Through a prosecutiion counsel Virginia Kariuki requested senior resident magistrate Ben Mark Ekhubi to allow the DPP time to enable him go through a raft of whatsapp and text messenges exchanged between Mr Brian Birongo Motanya and Ms Lydia Kemunto Magonga, an executive assistant at the Brazilian Embassy in Nairobi, regarding the business deal that went sour.
“I have just received a voluminous file containing thousands of whatsapp and text messages exchanged between the accused (Motanya) and the complainant (Lydia), I need time to peruse them then flag those relevant to this case,” Ms Kariuki pleaded, as she sought to have the case adjourned.
Ms Kariuki said although the case against Mr Motanya, 26 had been listed for hearing on January 29,2024, she needs time to flag the messages relevant to the case.
Ms Kariuki said the file contains over 300 pages which she needs time to read through then rhyme those necessary for the offence.
“I quite agree with the defence lawyer that both of us need time to read through this voluminous file to identify what is relevant to this court before trial can resume,” Ms Kariuki submitted.
She even allowed the investigating officer to explain to the court what the prosecution intends to do.
The prosecutor said she thought the documents she wanted to rely on was a three-page document but she has since realized a lot more needs to be done.
A defence lawyer concurred with Ms Kariuki that more time was needed read throught the 340-page file with thousands of whatsapp and text messenges.
After reading through the lawyer said he needs time to get proper instructions from the accused person (brian birongo motanya) over those texts before he can take on the complainant in cross-examination.
In a brief ruling the magistrate allowed both the DPP and the defence lawyer time to ready and rhyme the whatsapp and text messages which touch on the issue of the said fraud.
Brian has denied that on diverse dates between November 25 and 27, 2022 in Westlands sub-county Nairobi with intend to defraud obtained Sh1,520,000 from Ms Lydia Kemunto Magonga pretending that he was in a position to start a business partnership with her for distributing liquor at DoD.
He is out on bond.