David Nyamasyo Kitonga and Monica Ndunge Kitonga, a couple based in the United States, were arraigned at the Milimani Law Courts on charges of attempting to defraud Ksh 15 million in a timber transaction.
The couple appeared before Chief Magistrate Susan Shitubi, where they pleaded not guilty to the fraud charges.
The charge sheet alleges that between September 1 and October 24, 2023, at Mbiuni in Machakos County, the couple jointly obtained wooden TNG timber valued at Ksh 15,199,240 from Gabriel Njenjere Chokera under the false pretense that they were in a position to pay for the goods. The prosecution claims that the couple was aware that they could not fulfill this promise.
Representing the complainant, lawyer Henry Kurauka told the court that the accused had recently opened a resort in Machakos worth over Ksh 1 billion, which he suggested might have been financed with proceeds of fraudulent activities.
Kurauka further expressed concern that the couple could be a flight risk, urging the court to impose strict bond conditions.
In response, the defense argued that the couple had substantial investments in Kenya, particularly in Machakos, which indicated their commitment to remaining in the country. They requested the court to consider reasonable bond terms, asserting that the couple’s investments demonstrated their intention to stay and fight the charges.
The prosecution did not object to the couple’s release on bail, leading Magistrate Shitubi to grant a cash bail of Ksh 500,000 each or a bond of Ksh 1 million each.
The court’s decision allows the couple to continue managing their affairs as they prepare to defend themselves against the charges.
The case will proceed as both the defense and prosecution prepare to present their cases, with the outcome likely to hinge on the evidence surrounding the alleged fraudulent transaction and the couple’s financial dealings.
