Harambee Member of County Assembly (MCA) Antony Kimemia Gathumbi, along with two others, has been charged before a Nairobi court with conspiracy to defraud and illegally transfer a prime piece of land in Nairobi valued at Ksh 15 million.
The MCA, Daniel Munyao Mbithi, and Jane Nyambura Karia now face multiple charges, including forgery, obtaining money under false pretenses, and conspiracy to defraud.
The charges stem from an alleged fraudulent scheme involving a land parcel, Nairobi Block 83/1308, which is located in the bustling Umoja Innercore area.
According to the charge sheet, the three suspects allegedly conspired to defraud Esther Wanjiru Mwakuwa and Daniel Abednego of a staggering Ksh 9.4 million by forging a land transfer lease.
The land, which measures approximately 0.0225 hectares, is valued at Ksh 15 million.
The MCA, alongside Nyambura, is also accused of obtaining a fraudulent land title registration in violation of Section 320 of the Penal Code.
On January 8, 2013, it is alleged that the duo acted with the intent to defraud the victims by procuring the registration of the land under the name of Aviation Enterprises Limited, despite knowing the transaction was false.
The victims, Wanjiru and Abednego, are both directors of the company.
Meanwhile, Mbithi faces additional charges of forgery, obtaining registration by false pretenses, and uttering forged documents.
According to prosecutors, Mbithi is said to have forged a Transfer of Lease document dated May 7, 2013, for the same land parcel, pretending it was a legitimate transaction approved by the directors of Aviation Enterprises Limited.
In a separate charge, Mbithi allegedly obtained Ksh 1.5 million from Abednego by falsely claiming to be in a position to sell him the property.
He is also accused of obtaining another Ksh 6 million through similar fraudulent pretenses at Absa Bank’s Buru Buru branch.
Further compounding the charges, Mbithi is accused of attempting to pass off a forged certificate of lease to a police constable, Kiplangat Davies, in an attempt to deceive public authorities into believing the land transfer was legitimate.
The accused individuals appeared before Milimani Principal Magistrate Ben Mark Ekhubi, where they denied all charges.
Their defense lawyer, Dingli Bongo, requested lenient bond terms, highlighting that his clients had voluntarily appeared in court after being summoned. The lawyer also appealed to the court to consider Mbithi’s ongoing health issues, which he argued require special medical attention.
While the prosecution did not oppose the granting of bond, they urged the court to set terms that reflect the severity of the charges.
“We do not oppose the release of the accused persons on bond,” the prosecutor said, “but we request that the court consider the gravity of the matter and impose appropriate bond terms.”
In his ruling, Magistrate Ekhubi took into account the submissions from both the defense and the prosecution.
He determined that the bond terms would differ for the three accused based on the number of charges each faces.
Mbithi was granted a bond of Ksh 5 million, with a surety of the same amount or an alternative cash bail of Ksh 2 million, along with two contact persons.
Meanwhile, the MCA and Nyambura were granted a bond of Ksh 2 million with a similar surety or an alternative cash bail of Ksh 850,000.
The matter will be mentioned on February 26, 2025 for pre-trial and directions.
