A witness has told a Nairobi court how a mother of a Kamiti Maximum Prison convict allegedly used money sent by her son to purchase land and construct houses in a Sh 7M fraud case.
When he appeared before Milimani Chief Magistrate Susan Shitubi, Benard Otieno narrated how he was approached by the mother of Kamiti Maximum Prison convict Hesbon Nyamweya to help him search for land.
Otieno, a farmer from Homa Bay County, told the court that a woman approached him at his home around March 2020. She introduced herself as Pamela Akinyi and said her son, Hesbon Onyango Nyamweya, had sent her to look for land that he could purchase.
The witness said he had known Nyamweya for several years. He previously knew him when he worked for one of the villagers looking after livestock.
Pamela told Otieno that her son was working far away and could not get permission to travel and search for land himself.
“She told me that Hesbon was working very far and he could not get permission to come and look for the land by himself,” Otieno told the court.
Witness explains land purchase
About three months later, Otieno’s neighbour, Peter Marcus Oswago, informed him that he wanted to sell part of his land.
Otieno informed Pamela about the property. They later met with Oswago, agreed on the purchase and initially bought one acre. They later purchased another acre.
The agreed price was Ksh 140,000 per acre. During the purchase, Otieno represented Hesbon and signed the relevant documents on his behalf.
Pamela Akinyi Wara and Cynthia Akoth Ouko sent the money to Otieno through mobile phone transactions.
After completing the payment, Pamela constructed two houses on the land before returning to Nairobi.
Land broker testifies
Another witness, John Tauta, a land broker from Ongata Rongai, also testified about the transactions.
Tauta told the court that he connected Pamela with a land seller. She subsequently purchased two plots valued at Ksh 1.4 million.
“I connected Pamela with the seller, they agreed on the price and paid the amount. Immediately after the purchase, the construction of a storey building began,” Tauta said.
The testimony forms part of the evidence in the Sh 7M fraud case involving Nyamweya and his mother.
DCI re-arrests convict and mother
Investigations by the Directorate of Criminal Investigations (DCI) Headquarters led to the re-arrest of Nyamweya and his mother, Pamela Akinyi Wara.
The two were jointly charged with conspiracy to steal.
The prosecution alleges that between May and September 2020, Nyamweya, Wara and others who were not before the court stole Ksh 7,656,500 from Purity Karambu Laird.
They also face charges of money laundering contrary to Section 3(b)(1), as read together with Section 16 of the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA).
The prosecution alleges that between May 1 and September 17, 2020, the two, together with others who were not before the court, unlawfully disposed of money allegedly stolen from Laird.
They are accused of engaging in transactions intended to conceal the nature and source of the money while knowing that it was proceeds of crime.
Nyamweya also faces additional counts of cheating.
Mother faces stealing and handling charges
Separately, Wara faces charges of stealing and handling stolen property contrary to Sections 268(1), as read with Section 275, and Section 322(1) and (2) of the Penal Code.
The prosecution alleges that during the same period, Wara dishonestly retained Ksh 7,656,500 while knowing or having reason to believe that the money had been acquired through theft.
Nyamweya is currently serving a defilement sentence at Kamiti Maximum Prison while the Sh 7M fraud case continues.
His mother, Wara, is being held at Lang’ata Women’s Prison pending the determination of the case.
The hearing will continue on April 10, 2025.
