Court News

MWAITA CO-ACCUSED DETAINED
Brian Kiptoo Kiplangat, the co-accused of former commissioner of lands Sammy Mwaita at Milimani law courts before chief magistrate Lukas Onyina where the prosecution applied for him to be detained until the cases against him are heard and determined after he absconded attendance of court in another matter of forgery of documents of title which he was charged in 2016.

A case in which businessman Abass Badru Omuyoma is charged with fraud after obtaining USD 54,550 from a foreigner by falsely pretending to sell him 15 kilograms of gold has been oushed to September 28,2025.

The matter has been  pushed because trial magistrate was not present.

Milimani Senior Principal Magistrate Benmark Ekhubi on behalf of trial Magistrate Ondieki directed the matter to be heard on September 23. Abbas was absent.

Omuyoma is accused that on on the 11th of August in the year 2021 in Nairobi obtained USD54550.

He obtained money USD54550 equivalent Sh. 8,182,500 from YvanDe Coninck by falsely pretending that he was in position of selling 15kilograms of gold a fact he knew was false.

He is currently out on a cash bail.

An attempt by the accused Honey Khatwani embroided in Sh 356M fraud to have his passport released has been opposed.

In an application filed before magistrate Dolphina Alego,the prosecution has argued that the accused has provided no basis justifying the release of the passport as sought,as he has not established any change of circumstates warranting the review of the bail terms as sought.

“It is in the interest of justice and public interest that the prayers sought by the accused be declined,”said the DPP in his application.

The DPP has informed magistrate Dolphina Alego that the accused has not provided evidence to show that he  is required to travel to India on Saturday August 2,August 2025 nor for 20 days for essential and official business engagements.

Such application,the DPP says its like asking the court tonreview its conditions on bail to review its own orders.

The prosecution has argued that the accused was at the time of the plea ,already aware or should have been aware of his business travel needs,if any ,at the time of plea.

As the same was not raised during plea,it cannot be a new fact or a change in circumstances neither is there a suggestion of a new fact in support of t.he Accused application for the review of the order to deposit his passport,as the order was made his knowledge that his business would at times require such travels.

In his application seeking to have travel documents released by court,he claims that his application is made in good faith.

“My client is a first offender and prosecution will suffer no prejudice if the accused passport is released,”added Khatwani through his lawyer Kennedy Echesa.

Echesa said the accused is required to travel to India on August 2,2025 for 20days for esssential business as his primary source of livelihood.

Ruling on this application will be delivered on August 11,2025.

Former Wife of Machakos Senator Johnston Muthama charged with forgery.

Nina Maria Wanjiku appeared before magistrate Benmark Ekhubi and denied the charges.

Court was told that on January 28, 1998 at Nairobi within Nairobi County,with intent to deceive,without lawful authority or excuse made certificate of Birth ,purporting it to be true.

He was charged with uttering a false document contrary to section 353 of the penal code.

Nina was charged that on May 21,1998 at Nairobi immigration office within Nairobi County knowing and fraudulently uttered a forged certificate of birth purporting to be a valid document issued by civil registrar of birth Thika.

She was released on Sh 50,000 cash bail.

A man accused of defrauding a Japanese Cars worth Sh 8M charged in court.

Daniel Muriithi Waweru appeared before magistrate Benmark Ekhubi and denied the charges.

Court was informed that the accused on diverse dates between October 8,2020 and June 22,2022 at industrial area within Nairobi County,with intend to defraud ,obtained from prosper Sugal the following goods;Two Rangerovers,Nine Alto Suzuki Cars,Toyota Voxy,One Daihatsu Mira Chassis,Corolla Fielder ,Toyota Lancruiser all valued at Sh 8,278,673 Japanese Yen by falsely pretending that he was in a position to pay for the said goods knowing it was untrue…

The accused was charged on another count of obtaining goods by false pretences against the law.

Muriithi was charged that on diverse dates between January 25,2021 and January 21,2024 at Industrial area within Nairobi County ,with intend to defraud,obtained from Prosper Sugai Automatic Milk Poweder packaging Line valued at USD 1,413,832 by falsely pretending that he was in a position to pay for the said Milk Powder packaging line knowing it was untrue.

The accused said the matter arises from business transactions and that the said complainant is his employer who refused to pay him.

He told magistrate Benmark Ekhubi that there is another matter at Japan arising on similar nature.

The prosecution did not oppose his relaese on bail.Ruling on bail tomorrow after probation report is produced in court.

A Congolese national has been arraigned in court for allegedly defrauding two Dubai Companies over Sh 18 million in a fake gold sale deal.

Lupemba Lorenzi Olivier was arraigned before Chief Magistrate Lucas Onyina under a miscellaneous application where the police sought orders to detain him for 10 days to conclude investigations.

The court heard that Olivier was arrested on 31st July 2025 by DCI Operations Support Unit.

According to an affidavit by Sergeant Samuel Itegi, on 3rd June 2025, the complainant, Ulrich Kenney, a foreigner and holder of a Gabonese Passport while in the company of Mekalih Tifre Masho an Eritrean National, reported the said allegations to the DCI in June 2025 at Capitol Hill Police Station.

The court heard that both complainants were representatives of foreign investment companies.

Kenney represented Hala Diamond Gold Trading while Masho represented Jonro Global Trading LLC, both based in Dubai.

It is alleged that he two travelled to Kenya from Uganda on 27th February 2025 in search of investment opportunities in the gold business and on arrival met, Ali, a Kenyan friend and businessman who then introduced them to the respondent.

Ali had allegedly contacted Olivier who confirmed to them that there was genuine gold available for sale and suggested that they have a physical meeting which was done the following day at the Shell Petrol station along State House road.

The money
Sergeant Itegi said that at the meeting, the parties discussed the pricing of the said gold with them arriving at a price of between USD 65,000 and USD 70,000 per kilo before saying that the quantities available would be discussed in their offices in the presence of his brother who would be able to attend the meeting.

On 10th April 2025 the two complainants in the company of their friend Ali were instructed by the respondent to proceed to an office located on 6th Floor at Wu-yi Plaza within Kilimani where on arrival, they met him, his alleged brother Eric and two other unknown individuals introduced as Eric’s Shipping agents- Peter and Benold.

“At the said meeting, the two complainants expressed their interest in purchasing 40 Kgs of gold where each of their companies was to receive 20 Kgs,” The investigator told the court.

It was agreed that the transaction would be safe guarded by a 5 Kgs gold collateral to cover for any logisitical fees that would be paid upfront to the seller Eric.

The Sergeant added, “based on this agreement, each company represented by the two complainants was to enter a distinct and separate sales and Purchase agreement to buy 20 Kgs of Gold with the seller’s agents company Swifttaxis Logistics Limited.”

According to court documents, Hala Diamond made a purchase price of USD 140,000 through a wire transfer from the complainant’s Citi Bank account domiciled in Switzerland to in the names of Kadiki & Advocates as instructed by the seller.

It is alleged that they were later provided with a 5 Kgs gold collateral which was deposited in joint custody of both the seller and the buyers at First Monetary Security Limited where they made a further payment of Sh 180,000 through a Safaricom Till Number.

However, despite making all the payments as required, the seller has never delivered any gold to the complainants prompting them to make a formal complaint to the police.

The DCI wanted more time to subject the exhibit mobile phone for forensic analysis.

Sergeant Itegi added that they needed time to verify the home address of the respondent and to arrest other suspects still at large.

He told the court that releasing Olivier on bail at this point could jeopardize ongoing investigations.

One of the three Notorious Gold fraud suspects has been detained for 10 days.

Bahati Holela Ismael was detained while Ruth Chemutai Tegei and Dolphine Chegata Chemos were released on bail.

The three were presented to court where the police sought orders to detain them for 10 days to conclude investigations.

The three were arrested on 31st July 2025 at PDL Complex go down located at City Cabannas along Mombasa Road.
They were presented before magistrate Lucas Nyina of Milimani Law Court.
According to an affidavit by Corporal Peter Mwangi, a report was made by members of the public to DCI Embakasi that there were suspicious vehicles with occupants who had spent the entire day within the go down.

The police responded and found a group of 11 men and two ladies.

Upon inquiry, the officers found out that eight of the men were providing security for two foreign nationals, Mohamed Hassan Dahir and Rateb Mahmoud Ali who were Canadian and Syrian nationals.

At the scene, the officers also discovered 30 wooden and 12 metallic boxes similar to those used to transport goods

“The boxes were later processed and found to be empty even though they were wrapped and sealed as if they were loaded,” Corporal Mwangi said.

The court heard that the respondents purported to be workers in the said go down but they could not disclose who their employer was nor the type of business carried out at the go down.

It is alleged that some exhibits found at the scene include seals, wrapping papers and invoice.

This exhibits, according to police, indicated that there was a fake gold transaction going on but was disrupted by the officers’ quick response.

For the above reasons, the DCI wanted the three detained for 10 days to conclude investigations including establishing the nationality of the 1st respondent (Ismael).

The police also said they needed time to extract evidence from the gadgets recovered from the respondents.

However, the magistrate ruled that only Ismael was a flight risk since he was the only one who did not have any identification document or a fixed place of abode.

“Only the first respondent is a flight risk. The other two have known abode and nationality,” the magistrate ruled.

The magistrate ordered Ismael to be detained for 10 days while Tegei and Chemos were released on a cash bail of Sh 50,000 plus one contact person each pending conclusion of investigations.

The case will be mentioned on 14th August 2025.

Esteem Limited Company Director Hassan Ibrahim,a man in land fraud worth Sh 50M charged.

The accused appeared before magistrate Lucas Onyina and denied the charges.

Court was informed that Hassan Ibrahim Issak on unknown place ,jointly with others not before court with intent to defraud Eveready Security Guards Comp Limited of land measuring 0.2296 hectaresvvanlued at Sh 50,000,000,forged a certificate of title LR No 209/22665 under the name Esteem Energy limited purporting it to be a genuine and valid certificate of title signed and issued by Charles Kipkurui Ng’etich ,knowing it was untrue.

In count ll,he was charged with forgery contrary to the law.

He was charged with forging a PPA2 document dated February 25,2020 purpoting it to be a genuine PPA2 document issued by the then city Council of Nairobi,knowing it was untrue.

The director faced a last count of malicious damage to property against the law.

Court was informed that Hassan Ibrahim Isaak,on September 5,2022 at South B in Nairobi County within the republic of kenya,jointly with others not before court,willifully and unlawfully destroyed an administration building block valued at Sh 7,485,000 the property of Eveready Security Guards Company Limited.

Through his lawyer Michael Osundwa,the accused pleaded with the court to be linient to him and grant him favourable terms.

“The accused has three kids depending on him,he has a breathing problem,” added Osundwa.

He also said that there is a another matter of similar nature at the high court.

He added that the accused has been in and out of India for treatment.Lawyer Osundwa sought fo free bond.

Magistrate Osundwa released him on Sh 200,000 bond or cash bail of Sh 200,000 plus 2 sureties.

Mention will be on September 14,2025.

David Mwiti Kunyang’a appeared before magistrate Lucas Onyina and denied the charges.

The court was informed that on diverse dates between December 16, 2024 and May 12, 2025 in Nairobi County, with intent to defraud obtained from Faith Kinya Simon Kenya Shillings Six hundred and Eighty Four Thousands Sh 684,000 by pretending that he was in a position to secure travel Visas to Canada for twelve of her clients, knowing it was untrue.

He was charged in the second count with obtaining money by false pretenses contrary to the law.The court was informed that on similar dates and place, he received Sh 294,500 from Faith Kinya by falsely pretending that he was in a position to secure travel visas to Canada for her twelve of her clients, knowing it was untrue.

He faced the third count of Acquisition of proceeds of crime against the law and an alternative count of possessing proceeds of crime against Anti-money laundering Act.

The accused was released on Sh 400,000 bond.

Cash bail 200,000 plus two contact persons.

The Director of Public Prosecution (DPP) is being accused of mishandling a case in which two police officers are charged are charged with torture of a United Kingdom national.

When the matter came before magistrate Lucas Onyina Yesterday, the court was informed by the prosecution that they intend to withdraw the charges under Section 87 (a) of Criminal Procedure Code.This Application was made by ODPP on July 23,2025.

He said the complainant has not demonstrated in how the prosecution has acted in bad faith nor has it demonstrated the exceptional circumstances under which the Court has the ability to deny the ODPP  to carry out its constitutional functions.

He adds that,the complainant must show to this court that the ODPP’s decision has been exercised without due regard to the interest of administration of justice and such decision is an abuse of the legal process.

“Your honour ,once the accused persons were charged  before this court ,they were interdicted.They have therefore been on half salary since January,2025and have been already suffered their peace,”added DPP.

since the two have undergone disciplinary proceedings.

The two are Former Eastleigh North Police Station Commander (OCS) Rebecca Muraya and her junior, Abdisalam Ahmed.

The move by the DPP was strongly opposed by the complainant who is also a victim saying that she is not aware of any disciplinary that took place and that she has not been served with any report on the same.

In her statement to oppose the move by DPP,the victim says the DPP has not tendered any document or evidence either in the form of summons to IAU,orderly room proceedings ,ruling at IAU or any other material evidence to support their allegations that the accused persons were charged at the IAU.

“I have never been called to testify or record a statement to state my case at the IAU.This leads to only one conclusion,the ODPP is misleading and hoodwinking this court,”adds Ayni Mohammed.

The two accused are charged that on December 31, 2021, at the Eastleigh North Police Station, they intentionally and unlawfully ordered the arrest of Ayni Hussein Mahammud and detained her at the Muthaiga Police Station for two days.

Muraya and Abdisalam are also jointly charged with abuse of office contrary to section 10 (1) as read with section 102 of the Penal Code.

The suspects denied the charges before Milimani Chief Magistrate Lucas Onyina.

Onyina said the two police officers will remain free on a bond of Sh500, 000, which they had deposited last year when they first appeared in court. Their case will be mentioned on April 25.

The charges against them arise from an incident in which they allegedly declined to arrest Jama for assaulting Ayni.

Jama was later charged after the Directorate of Criminal Investigations (DCI) took over the case. He was prosecuted at the Makadara law courts, convicted and fined Sh100, 000 for assaulting Ayni.

Ayni had written to Onyina on April 15 protesting the delayed prosecution of Muraya and Abdisalam.

Ayni says that in such a case of such grave human rights violation leading to the offence of Torture ,which is a recognised international crime which the ODPP wants to withdraw.

“Why would they not at least satisfy the victim or the court that the disciplinary proceedings they take refuge in to withdraw this case have taken place,”She adds.

Ayni through her lawyers wants the court to direct the state to tender evidence of the said disciplinary proceedings before they are allowed to withdraw such serious charges.

She adds that the principle of double jeorpardy,enshrined under the law.Ayni says that the ODPP must demonstrate that the accused persons have been tried at IAU as they allege,and either acquitted or convicted.

“How would the court be able to determine that in the instant case without the benefit of any evidence to that end,” added Ayni.

The victim therefore prays that the Court intervenes and overrules the impugned decision to withdraw,and grants the appropriate orders to ensure that the constitutional rights of the victim are upheld and rule of law preserved,” adds Abdullahi &Associates Advocate for Ayni.

Ruling on the same issue will be delivered on September 2, 2025.