Online influencers Pascaline Peter, known as Passy Ma Trevor, and George Mutual Mutunga, also known as Imran, have been denied bail pending trial after being charged with defrauding over 79 individuals of Ksh 80 million.
The duo allegedly promised investors monthly returns of 23.5% on their investments but failed to deliver on those claims, leading to charges of obtaining money by false pretenses.
On November 13, 2024, Principal Magistrate Erick Mutunga of Makadara Law Court ruled in favor of the prosecution’s request to deny the influencers bond.
The ruling came after the Director of Public Prosecutions (DPP) presented compelling arguments, stating that releasing the accused persons would likely interfere with the prosecution’s case and undermine the court’s ability to secure their attendance during the trial.
The case revolves around the fraudulent activities of Passy Ma Trevor and Imran, who used their significant social media influence to promote an investment scheme that promised high monthly returns.
The duo convinced their followers to invest large sums of money under the guise of a high-return investment opportunity.
They claimed that the invested funds would generate 23.5% returns each month, an offer that many found too attractive to resist.
Between March 2023 and August 2024, the two allegedly collected over Ksh 80 million from 79 investors, all while pretending the money would generate substantial monthly profits.
According to the prosecution, the accused persons knew the claims were false and had no legitimate business operations behind their scheme.
The victims, many of whom trusted the influencers due to their online popularity, soon realized they had been scammed when the promised returns never materialized.
The court heard that once the investors demanded their money back, Passy Ma Trevor and Imran disappeared, switching off their phones and going into hiding.
They allegedly evaded capture for months until intelligence agencies tracked them down deep within Machakos County.
The use of coordinated intelligence tactics led to their eventual arrest.
During the bail hearing, the prosecution presented an affidavit from the investigating officer, Justin Mutwiri, which revealed that the accused had gone into hiding once the victims started to demand refunds.
This, the prosecution argued, demonstrated the flight risk posed by the influencers, who could potentially escape if released on bond.
The investigating officer noted that locating the duo required extensive cooperation between different agencies, and their apprehension was a significant success for law enforcement.
The two suspects also face charges under the Capital Markets Authority Act for running a collective investment scheme without a valid license, and conspiracy to defraud under Section 317 of the Penal Code.
The court heard that the accused presented themselves as the legitimate proprietors of the Passy Ma Trevor Investment Scheme, but failed to comply with legal requirements for such businesses. As a result, they are also facing the possibility of additional charges related to operating an unlicensed financial scheme.
In denying the duo bail, Magistrate Mutunga emphasized that the primary purpose of bail is to ensure the accused persons’ presence at trial.
He noted that the accused had already demonstrated a lack of commitment to facing the charges, given their efforts to evade authorities.
Additionally, the magistrate acknowledged concerns about the security of the accused and the potential for interference with the prosecution’s case if bail were granted.
With bail denied, the case will proceed to trial, with the next hearing set for January 15, 2025.
Magistrate Mutunga has instructed that the case be expedited, recognizing the widespread public interest in the matter and the significant number of victims involved.
