A Nairobi businesswoman appeared in Milimani Law Courts on Wednesday, charged with obtaining money by false pretences and conspiracy to defraud, after she allegedly swindled her lover of over Sh1.6 million in a purported road construction tender deal.
Tabitha Munee Mutua is accused of obtaining Sh1,674,000 from Moses Kiplagat Toroitich between November 15 and 18, 2024 within the Nairobi Central Business District.
According to the prosecution, Mutua allegedly claimed she could secure Toroitich a slot in a KeRRA-funded road construction project in Makueni County through her company, Thomas Construction Limited—claims she knew were false.
“The accused claimed she was in a position to secure a road construction tender for the complainant through her company, Thomas Construction Limited, which she knew to be untrue,”
the prosecution told the court.
The court heard that Toroitich handed her Sh1.2 million under the arrangement, with the understanding that the amount would be repaid with interest.
The remainder of the money was reportedly solicited under the same false pretence.
During proceedings, Mutua became emotional, telling the court she had entered an agreement with the complainant and investigators to repay the money in instalments.
“I have already refunded Sh200,000 as part of the arrangement,” she told the court.
Her lawyer argued that the parties had been discussing an out-of-court settlement, and urged the court to grant lenient bail terms, noting that Mutua is a single mother.
“The accused has agreed with the complainant to repay the money in instalments. We request the court to consider her personal circumstances,”her counsel said.
The prosecution, however, opposed the request, maintaining that the charges were serious and warranted a full trial.
Milimani Chief Magistrate Alego granted Mutua a bond of Sh1 million, or alternatively Sh500,000 in cash, with one contact person.
The case is scheduled for hearing on December 3,2025, when the prosecution is expected to present witnesses, including Toroitich and the investigating officer.
