Nairobi MCA And Two Businessmen Charged With Land Fraud Involving Ksh 15 Million Property

The MCA and Nyambura face an additional charge of obtaining a fraudulent registration of the land title, an offence under Section 320 of the Penal Code. The court was informed that on January 8, 2013, at the Central Land Registry in Nairobi, the two allegedly caused the registration of the land parcel in the name of Aviation Enterprises Limited, a transaction that Wanjiru and Abednego, directors of the company, claimed was false

A Nairobi Member of County Assembly (MCA), alongside two businessmen, has been charged with conspiracy to fraudulently transfer land worth Ksh 15 million.  Harambee MCA Antony Kimemia Gathumbi, Daniel Munyao Mbithi, and Jane Nyambura Karia are accused of conspiring to defraud Esther Wanjiru Mwakuwa and Daniel Abednego of Ksh 9.4 million.

The three are alleged to have forged a transfer lease for land reference number Nairobi Block 83/1308, located in Umoja Innercore, a parcel valued at Ksh 15 million and measuring approximately 0.0225 hectares.

The MCA and Nyambura face an additional charge of obtaining a fraudulent registration of the land title, an offence under Section 320 of the Penal Code. The court was informed that on January 8, 2013, at the Central Land Registry in Nairobi, the two allegedly caused the registration of the land parcel in the name of Aviation Enterprises Limited, a transaction that Wanjiru and Abednego, directors of the company, claimed was false.

Mbithi faces multiple charges, including forgery, obtaining registration by pretences, and uttering forged documents. The prosecution claims that on the same day, he forged a Transfer of Lease document purporting to be a legitimate transfer of the land to Aviation Enterprises Limited. He is also accused of obtaining Ksh 1.5 million from Daniel Abednego Mwakuwa by falsely claiming he could sell him the land. Additionally, Mbithi allegedly received Ksh 6 million from the same individual, again under false pretenses, at Absa Bank Limited’s Buru Buru branch.

The accused trio appeared before Milimani Principal Magistrate Ben Mark Ekhubi and denied all charges. Their lawyer, Dingli Bongo, argued for lenient bond terms, noting that the defendants had voluntarily presented themselves to the court after being summoned and had known residences within Nairobi. Bongo also requested special consideration for Mbithi’s health issues.

The prosecution did not oppose their release on bond but urged the court to set bond terms that reflect the severity of the charges. The magistrate, after considering both the defence and prosecution’s submissions, granted the following bond terms:

– Mbithi was released on a bond of Ksh 5 million with a surety of a similar amount or a cash bail of Ksh 2 million, with two contact persons.

– The MCA and Nyambura were granted a bond of Ksh 2 million with a similar surety or a cash bail of Ksh 850,000.

The case is set to be mentioned on February 26, 2025, for pre-trial and further directions.