The two women also faced 15 more counts where they are accused of defrauding different people by forging documents uttering claiming that they are from the Ministry of Labour Social Security and services. The two are being accused of obtaining millions of shillings from unsuspecting city residents under the pretences of selling them houses at an estate they developed near Wilson Airport, within the Langata area, Nairobi
By Collins Wanzallah
The two women Mary Ndunge Mutuku and Mary Wanjiku Ndung’u yesterday pleaded not guilty to 16 counts of forgery and obtaining money by pretences before magistrate Wendy Micheni of Milimani Law Courts. They were then detained at Capitol Hill Police Station pending the production of an affidavit by the prosecution opposing their release on bail, they were charged with a Ksh. 300M fraud.
The charge sheet read that in the period between the years 2015 and 2022 in Nairobi County with others, not before the court, conspired to defraud Michael Kariuki and Salome Wanjiru Kariuki of a sum of Ksh. 87,742,000 by falsely pretending that they were in a position to sell houses at West Park Police estate to them knowing it was untrue.
They faced 15 more counts where they are accused of defrauding different people by forging documents uttering claiming that they are from the Ministry of Labour Social Security and services. The two are being accused of obtaining millions of shillings from unsuspecting city residents under the pretences of selling them houses at an estate they developed near Wilson Airport, within the Langata area, Nairobi.
Through their Lawyers Robert Aswani and Geoffrey Omenke, the accused pleaded with the court to be released on favourable bond terms saying that they are not a flight risk because they have a fixed place of abode. The defence said that the accused were arrested before the investigations were concluded which is a violation of their rights.
Aswani who is acting for Ndunge said the dispute emanates from the police and the said women’s group and the two entities have been involved in a long-term legal battle. He said the colossal amount mentioned should not be considered in granting bail because the offences are just mere allegations without facts.
Omenke who is acting for the second accused requested for her release on bail saying that she is a family woman and a Kenyan citizen. “Accused should be released on favorable bond terms because the charges tabled against them are bailable, unless there are compelling reasons to detain them, they should be released, no facts have been put by prosecution to deny the accused bail,” he added
Omenke said bail is just a commitment to ensure that the accused attend the trial but should not be used against them. He added that the prosecution was in a hurry to charge his client without completion of investigations.
“The normal legal procedure is to investigate a suspect first before arresting them but in this case, the accused were arrested before they were investigated, “added Omenke. He added that their rights have been infringed upon and they are family women with kids. Omenke said that the prosecution did not indicate whether the second accused is a flight risk. The prosecution on the other said they intend to oppose bail and will table their formal affidavit today the 21st of December 2022.
