Two businessmen have been arraigned in a Nairobi court on charges of conspiring to steal KSh 55.6 million from Afya Sacco Society Limited. The accused, Felix Mutisya Ndoi and Silas Sila Mutaki, appeared before Milimani Chief Magistrate Susan Shitubi and pleaded not guilty to the charges leveled against them. State prosecutor James Gachoka alleged that between December 8, 2016, and November 1, 2021, the duo conspired with others not before the court to commit the crime.
The prosecution also charged the two with stealing KSh 55,649,000, property of Afya Sacco Society Limited, and procuring the execution of documents by false pretenses. The court heard that on July 7, 2020, at Mwanzia and Company Advocates in Nairobi, the accused, alongside another person yet to be charged, fraudulently procured James Mutyota Masika to sign an agency agreement through false representation.
While the prosecution did not oppose their release on bond, they requested stringent terms due to the gravity of the offense and the amount involved. Defense lawyers Osoro Omwoyo and Nowel Musyia countered, citing the accused as elderly, law-abiding citizens with health complications, arguing they were not a flight risk and had cooperated during investigations.
After considering submissions, the magistrate granted the accused a bond of KSh 3 million with a surety of the same amount or an alternative cash bail of KSh 1 million, along with two contact persons. The case will be mentioned on December 30, 2024, for pre-trial.
In a separate case heard in the same court, businessman Elius Kemboi Korir was charged with conspiracy to defraud Impala Reel Company Limited of KSh 44.37 million.
The court heard that between February 1 and April 1, 2022, at Vutaride Limited offices in Westlands, Nairobi, Korir and others conspired to commit the crime. He also faced charges of obtaining goods by false pretenses, having allegedly procured 500 liters of Pramitol 2SE worth KSh 8.25 million by falsely claiming it was part of a genuine supply contract.
Korir denied all charges and was remanded at Capitol Hill police station until Monday, when his bond application will be determined.
