Court News

The court sitting in Kahawa says that it is the first time that the prosecution has tabled a charge sheet in court with over 200 criminal counts.
The prosecution on Monday presented a 57 page chargesheet with 232 cahrges.
While dismissing an application by Nine employees of Njiwa sacco who are expected to take plea over the disappearance of 160 million shillings from the savings society, the court noted that there no guidelines laid out in the way the number of charges the prosecution has to put in a charge sheet.
The nine officers through lawyer Danstan Omari had challenged the charges on grounds that the charge sheet was defective. The prosecution has listed at least 232 charges against the nine ranging from abuse of office, conspiracy to defraud, stealing by servant forgery among other charges.
Others are a teller identified as Nicodemus Osiemo, Eric Rono from Sure-step Systems, Moses Ntoinya an NIS officer who colluded with the SACCO staff to siphon the funds and Tony Wabomba a former employee of the SACCO society
The nine are; Amos Kipchumba who was the internal auditor, the loans manager Violet Wali, the accountant Caren Langat and system analysts Hamisi Zaunga and Miriam Nthenya.
Meanwhile the court was told that Mirriam Nthenya fell ill while in cell and was taken to Aghakhan Hospital where is admitted and receiving treatment.
She has been granted a personal bond of 10 million by the court as she gets treatment.

Seven Directors of NMK Capital investment limited have been charged before a Nairobi court with conspiracy to defraud unsuspecting members of the public over Ksh 1 billion in a fake real estate scheme.

Appearing before Milimani Magistrate Ben Mark Enhubi the nine suspects namely Keeru Ngugi Mucheru, Amos Macharia Maina, Joan Gathoni, Fredrick Kariuki Makumi, aGidion Charagu Mwangi, Shiphira Wantui Kanyinti, Agatha Wanjugu Mwaniki and NMK Capital investment Limited, abide worth auto-rent company, NMK Estate Developers Limited denied twenty one charges of conspiracy to defraud and obtaining money by false pretenses from several investors.

State prosecutor Virginia Kariuki told the magistrate that besides the twenty one investors in court today more have record statements with DIrector of Criminal Investigations ( DCI) bringing to over Sh 1 billion the amount the seven have allegedly defrauded the public in the fake development scheme.

The prosecutor, while stating she is not opposed to the release of the accused on bond, urged the court to consider the case is of great public interest as they have defrauded unsuspecting members of public in the excess of Sh 1 billion.

In count one the seven accused denied that on diverse dates between October 28,2021 and July 16 2023 at Nairobi Central Business District within Nairobi County in the Republic of Kenya, jointly with others not before court being the directors of NMK Capital investment limited and NMK Estate developers limited jointly conspired to defraud unsuspecting members of the public Ksh 45.558.731.

The Prosecution told the court that accused persons duped members of the public into believing that they would earn interest of Sh 15 percent for their deposit ranging from Ksh 1.8 Million to Ksh 5 million.

The suspects denied that in carhoots with others they defrauded the collosal sum.

Mucheru whom police believe is the mastermind of the fraudulent real estate scheme faced numerous charges of obtaining money through pretences.

The court heard that on diverse dates between July 20,2023 and May 29, 2023 Mucheru obtained Sh 5.06 million from Damaris Muthoni Kamau falsely pretending he could invest the same in his bidworth Auto-rent company and give her 15 percent monthly interest.

He was also charged with defrauding Pius Kinyambu Ksh 4.5 million and Paul Msava Mutwii Ksh 4.3 million using the same tricks.

Others defrauded in the scheme are Catherine Mwangi , Margaret Muthoni Njoronge, Daniel Kariuki, Vincent Egessah, Samuel Kinyara and Paul Mwangi.

After denying the charges, Kariuki said that Mucheru is a flight risk and should not be admitted to a cash bail.

She sought to have him granted bond terms with two sureties of colossal sum and coupled with two senior government contact persons.

The court heard that police have received information that the company is enlisting new investors who may fall victim to the fraudulent scheme.

The accused persons through Duncan Okatch and Edward Oonge urged the court to release them on lenient bond terms saying they have been cooperating with DCI detectives since January this year.

Magistrate Ekhubi said he ordered Mucheru to be released on Ksh 20 million bond with a surety of similar amount and to avail one government senior officer as contact person..

He however ordered the rest of the accused persons to be released on Ksh 600,000 bond with an alternative cash bail of Ksh 300,000 with two contact person to be examined by the court.

The case will be mentioned on October 16.

A KDF officer suspected to have conned innocent job seekers millions has been charged at Milimani Law Courts.

Albert Owino Badia alias Peter Mungasa appeared before magistrate Benmark Ekhubi and denied the charges.

He was charged that on diverse dates between September 7, 2023 and September 14, 2023 at Westlands area within Nairobi County, with others not before court, with intent to defraud, obtained from Mary Yasindi Wafula Sh 1,007,000 by falsely pretending that he was in a position to employ his relatives to Kenya Defense Forces (KDF).

He is said to have obtained from KDF potential recruits during the 2023 August recruitment exercise pretending to be a high-ranking officer in the military.

According to an affidavit filed in court, Bandia at the time of the arrest on September 17, 2023, was posing as a KDF officer of the rank of major based at the Department of Defense (DOD) in Nairobi.

He had allegedly obtained Sh1, 007,000 from Mark Yasindi Wafula by falsely pretending that he was able to recruit three of his children to the KDF, a fact he knew to be false.

Bandia is said to have equally obtained money from other citizens who have reported to various police stations and others are yet to report.

Police informed the court that Bandia met with Wafula who was desperately looking for a chance for his sons at KDF.

“They met around the DoD where they discussed and agreed that he would sell him calling letters at a cost of Sh600, 000. He sent him Sh603, 000 through his mobile phone and another Sh154, 000 through another mobile number belonging to his accomplice. Wafula would later part with Sh252, 000 in cash,” the affidavit reads.

After being issued with the calling letters, Wafula compared them with the ones issued to recruits at the recruitment centers and that is when he realized they were fake. 

The police further informed the court that there were other suspects yet to be arrested who were in possession of the fake calling letters.

The Investigating officer informed the court that the two were a flight risk as they had no known place of abode.He has been released on Sh 600,000 or a bond Sh 700,000

Nairobi trader charged with Sh230 million property fraud A Nairobi businessman was on Thursday charged before a Nairobi court with conspiracy to defraud beneficiaries their five storey buildings in Nairobi worth Sh230 million.Nilesh Jayantilal Lalji Kotedia the Trustee of Lalji Mulji Jetha Trust Deed was accused that on unknown dates within the republic with others yet to be arrested, conspired to defraud the beneficiaries five storey building situated at Latema Road valued at Ksh.230 million.The court heard that Nilesh conspired to fraudulently transfer, sell, and convert the said property to use not authorized by the Trust Deed.He was also charged with selling the property against the wishes of the Trustee.He appeared before Milimani Chief Magistrate Susan Shitubi in Nairobi and denied the charges.He pleaded for lenient bond terms stating that he is innocent. The court released him on with a cash bail of Sh1million or a bond of Sh2million.The case will be mentioned after two weeks. 

Dedan Waithaka Mwangi has been charged at Milimani Law with Sh 36 Million Fraud.

The accused appeared before magistrate Susan Shitubi and denied the charges.

The court was informed that on diverse dates June 1, 2021 and September 10, 2021 within the republic of Kenya, jointly with others not before court, you conspired to defraud Barcons and partners limited to a sum of Sh 36,000,000.

He was also charged with cheating contrary to section 315 of the penal, chapter 63 laws of Kenya.

Waithaka was charged that on June 1, 2021 and September 10, 2021 within the republic of Kenya, jointly with others not before court, by use of fraudulent tricks, caused Barcons and Partners Limited to pay Leeran Limited a sum of Sh 36,000,000 as a price of 32,500 litres of substances fraudulently represented to be pramitol Herbicide for onward supply to an entity fraudulently represented as the Serengeti Mara Trust which monies it would not have paid were it not for those fraudulent tricks.

He was released on cash bail of 4Million or a bond of Sh 6M.

A resident of Eldas Counstiteucy has given 21 days notice to the national government constituency and development fund boards NG-CDF to supply him with the financial statements of the Elda’s Constituency or they face legal action.

Through the law firm of Kipkoech Kibet & Co -Advocate,Faisal Abdikadir Adan wants the board to supply him with a summary of complet projects for the financial reports for the year 2019/2020,2021/2022.

Also on the list of the demand by Faisal through the law firm, is a summary of the status of the disbursement of the funds to the constituency for the years 2019/2020,2021/2022.

According to the letter, Faisal also is seeking information regards to the list of the busuery beneficiaries in Eldas constituency and the amount spent in the financial years 2019/2020,2021/2022.

Others on the list is a list of Bursary beneficiaries in Eldas Constituency· of the thirty-three million five
hundred thousand claimed to have been used in 11th March 2023,

Faisal states that under articles Articles 35; 4 7 and 232 of the Constitution of Ke”nya, section 4 of the Access to Information Act 2016, Section 72 of the Public Audit Act, :2015, the Controler of Budget Act and Section 3(n) & (o), 51 and 56 of the National Gove_mment Constituencies Development Ftmd Act 2015. he is entitled to the information.

A Cameroon man linked in Sh1billion gold scandal pitting a Tunisian national has been released on bond pending investigations. Nelson Fru Che was released on a bond of Sh400,000 by Milimani principal magistrate Gilbert Shikwe after the prosecution said he had valid passport to be in the country hence not a flight risk.His co accused Ronald Nelson was however, detained after the court was told he was in the country having not renewed his visa.The court ruled that it was not satisfied to have him released and detained him at Kilimani police station pending investigations. Nelson was also given an alternative  cash bail of Sh100,000 with two contact persons. He was ordered to report to the DCI if so required. The case will be mentioned on October 3.On Tuesday 11 suspects in the case were released on bail after a magistrate declined to detain them.Magistrate Gilbert Shikwe however allowed police to detain two foreigners also implicated in the scandal for two more days to allow investigations.“Having perused the application seeking to detain the suspects, the court finds no compelling reasons to warrant detaining them for 21 days as requested,” ruled Shikwe.He released Festo Wamwayi, a detective based at the DCI, on a Sh100,000 cash bail while the other ten suspects were granted Sh20,000 cash bail each.Those released were David Misiko, Lenace Wakachuka, Rahma Hassan, Joseph Gikonyo, Stephen Andere, Alice Kavata, Flevian Omwoyo, Ian Wekesa, Duncan Muchai and Suleiman Nanji.The 13 suspects were arrested last week after detectives raided a house in Garden City and busted the plot to defraud a Tunisian national over Sh1 billion in a fake gold scam.The DCI on Monday made an application in court to detain the suspects for 21 days to complete investigations, arguing that the investigations were complex.They told the court the suspects were being investigated for conspiracy to commit a felony, being in possession of a firearm and ammunitions without licence and being in possession of forged bank notes.According to DCI, the suspects had contacted the complainant from Tunisia, one Joseph Lendrix Waswa and the director Melpa Ltd who informed him that he had consignment of gold valued at Sh1 billion and was being held in at Jomo Kenyatta International Airport (JKIA).The complainant travelled from Tunisia on September 1 and was received by Waswa and his group and hosted at Ngara in Nairobi waiting to be shown the gold consignment, which turned out to be fake.All the 13 suspects are expected in court on October 3 to know whether they will be charged in court or not.

Nairobi Hospital finance director stabbed to death in his Woodley house, Nairobi

The finance director at Nairobi Hospital Erick Maigo was Friday morning found murdered in a cold blood incident in his house at Woodley estate, Nairobi.
Maigo’s body was found with 16 stabs minutes after he had been killed at about 6 am.
His assailant, a female who had probably spent the night at the house or accessed it in the morning escaped minutes before police arrived.
Kilimani police boss Moss Ndiwa said a hunt on the woman is ongoing.
Neighbors at the Woodley Annex apartment said they heard Maigo, 36 groaning in pain.
They said they tried to call him in vain. They decided to go to his door and knocked it only to be confronted by a woman who informed them all was well and she was looking for the keys to open.
The neighbors could hear Maigo still groaning in pain and seeking help.
The lady who was in the house refused to open prompting the neighbors to alert the security at the compound.
They asked the security not to allow anyone from the house to leave.
According to police, they rushed to the Kibra police station where they made a report of a suspicious activities at the house.
By the time police arrived at the scene they found the woman suspected to have acted alone missing. The door was open and Maigo’s body was lying in a pool of blood.
Police said the body had 16 stabs. Ten of the wounds were on the chest and side at the back.
It is not clear if the woman acted alone.
Police moved the body to the mortuary.
The murder comes ahead of a planned annual general meeting of the troubled hospital, and rife complaints of nepotism from James Nyamongo who is accused of only employing people from the Kissii community who are unqualified just like James Nyamongo who cannot even read a speech written for him. The deceased Eric Maigo was also a beneficiary of the widespread nepotism as he was a relative of James Nyamongo.
Nyamongo is also accused of asking for sexual favours from nurses.
Some board members have also been fighting over kickbacks from projects.
Financial issues will definitely be raised at the meeting, an insider who expressed shock at the murder said.
“This could be murder linked to the wars at the hospital. So sad he has died that way,” said an insider.
Police said they are investigating murder and are pursuing a suspect who is yet to be identified.
Police said they are yet to establish the motive of the murder.

After goons demolished his factory Megvel Cartons Owner Paras Shar was left devastated.

He says that the judicial system has been corrupted to issue contradictory orders which lead to demolition of his properties.

The battle is between the owners of Megvel Cartons Limited and Diesel Care Limited.

In his affidavit, Engineer Joseph Odera argues that he purchased 9 hectares and concluded an agreement with Margaret Wamaitha Humphreys to the effect.

According to court documents, Odera is accusing the Commissioner of Lands of illegally allocating his property, adding that the illegal allocation was concluded by the registration and issuance of a title by the Chief Land Registrar to Diesel Care Limited.

In the year 2008 he sold the property to Jewel holding with the approval of the relevant ministry of Lands department he successfully transferred the property to Jewel.

In 2009 Jewel holding transferred the suit property to Megvel Cartons limited who later developed the suit which was approved by the commissioner of lands
“I confirm Megvel Cartons limited has been in occupation of the suit property and has been operating a factory for the last 12 years, “reads the affidavit
He claims that when he was owning the property that land was not available for allotment. Where land has been allocated the same land cannot be reallocated unless the first allocation is validly and lawfully cancelled
The property was never cancelled in any way by the respondents
As a consequence of the illegality and alleged fraud of the commissioner of lands and facilitation by the director of survey the property was allocated to a third party who In return transferred it to Diesel care Limited.

[14:46, 31/08/2023] Dzuia walter: He argues that the commissioner of lands illegally allocated his property and the illegal allocation was concluded by the registration and issuance of a tittle by the chief land Register to Diesel care Limited .
“The entire resultant tittle was illegally issued and is inferior to the petitioner’s tiltle,”reads court papers
The same applies to the decision and registration of tittle founded on the void letter of allotment which void tittle is now held by Diesel care Limited.
The engineer in his affidavit argues that he purchased 9 hectares and concluded agreement with Margaret Wamaitha Humphreys to the effect.

Member of Parliament for Matungulu, Stephen Mule testifies at Milimani law courts before senior principal magistrate Gilbert Shikwe during the hearing of a case where Boniface Kipngetich Kirui is charged with stealing over Ksh 170,000 from the legislator through various mobile phone lending applications after he swapped his phone and created fictitious accounts in March this year.

According to the charge sheet, Bonface Kipngetich Kirui on march 2023 swapped Stephen Mule’s phone number and stole over ksh 170,000 from M-Pesa account, Timia account, Mshwari account, Vooma app, KCB M-Pesa account and KCB bank account.

Hon. Mule told Court that he was at Eldoret when realized his phone had lost network then proceeded to Eldoret Safaricom Customer care where the network was restored.

However, later during the night the sim card lost network again, however, upon consulting Safaricom customer care number he was told that the line had been swapped.

He told the court how he was shocked after the accused person explained to him how he managed to swap his sim card and creating fictitious accounts in various banks in the MP’s name and borrowing loans from the banks.

He said it is a tragedy to educate young people with a lot of money only to used the same knowledge to frustrate members of the public when they fail to get employment after graduation.