- A woman who allegedly uses Raila Odinga’s name in a fake mosquito’s net Kemsa tender has been released on Bail.
Milimani principal magistrate Ben Mark Ekhubi who released her had been informed that Faith Mwikali Ndiwa obtained fraudulently Sh27,000,000 from Samson Kikaya an American citizen with dual citizenship.
Report says that While obtaining the colossal sum from Kikaya, the accused presented herself to him as Faith Nthiwa.
A crime investigations bureau officer Kapario Lekakeny told Ekhubi that the accused also uses the name of Eunice Karehu.
“I urge this court to decline to free the accused on bond since she is a flight risk.She uses three names Faith Mwikali Ndiwa, Faitha Nthiwa and Eunice Karehu. DCI wants to establish from the registration bureau her true identity,” Mr Lekakeny prayed to Ekhubi.
She also pauses as programme manager of UNDP, Ekhubi heard.
He said Samson Kikaya identified the accused after reading a media report published by Nation Africa.
As a consequence, he proceeded to California Police Station where he filed a report.
The magistrate was urged to arrest delivery of a bail to enable police file further information which will enable the court make an informed decision.
State prosecutor Virginia Kariuki buttressed Mr Lekakeny’s position by asserting that police need more time to put across all the relevant information about the accused.
However, defence lawyer Nicholas Kamwendwa and Kibet Cheboi vehemently opposed the police plea to have the suspect be detained to avail further evidence to the court.
“No compelling reasons have been advanced to warrant the court deny the accused bond,” said Kamwendwa.
Cheboi urged the court to refuse to be used by police as a holding ground for the accused.
In a brief ruling the magistrate declined to deliver a bail ruling canvassed on Tuesday saying “the new facts that have streamed into the proceedings need to be considered before a decision is made whether to free the accused on bond or not.”
Mwikali was charged on Monday with defrauding a Nigerian investor Jude Olabayo Veracruz Sh25million in the anti-malaria nets Kenya Medical Supplies Authority (Kemsa) scam.
On Tuesday she claimed to be a wife of the complainant and termed the matter in question as “a matrimonial issue.”
Mwikali who potrays herself as a medical practioner and personal doctor to Raila Odinga told Veracruz the tender had been awarded to the politicians’ son-in-law and had a shortfall of Sh19million.
She claimed Raila had raised Sh8m for the contract.
“Your honor the complainant and the accused in this matter are lovers, husband and wife and this is a matrimonial issue,” Kamwendwa
told Ekhubi.
Kamwendwa sought to have the accused be admitted to bond saying it is her constitutional right unless there are compelling reasons.
Mwikali has denied eight counts of forgery, uttering false documents and obtaining money through pretences.
Ms Shitubi heard that she used her two companies namely Ashley Dylan Limited and Faizel Limited to secure a tender number IFT NO GF ATM MAL NFM-19/20-OIT-004 to supply KEMSA with Long Lasting Insecticidal Nets (LLINs).
Mwikali allegedly used her two companies to deceive Veracruz that he would earn profit after paying the Sh 25 million to complete part of his bargain the money which he would not have expended were it not for the said deception.
She is accused of obtaining the said money on diverse dates between June and December 2022 within Nairobi county.
Mwikali was also charged that on March 7, 2022, at unknown place within the country with intent to defraud forged a Framework Contract number IFT NO GF ATM MAL NFM-19/20-OIT-004 between KEMSA and Ashley Dylan Limited for the supply of Long Lasting Insecticidal Nets purporting it to be a genuine agreement under the Medical Supplies Authority.
She was further accused of uttering the said document between her company and KEMSA purporting it to be a genuine agreement for the supply of Insecticidal Nets.
She is also accused of forging an amendment to the agreement to the Framework Contract between her company and KEMSA.
In the month of June 2022 she is accused of fraudulently uttering the said amendment agreement to Veracruz pretending it to be a genuine agreement.
She was released on bond of sh5m with an alternative cash bail of S1m.
Mention June 21.