Two officials in Sh300million fraud case finally out of Lang’ata Remand Prison

The two officials of the Mitumba Women Group, Mary Ndunge Mutuku and her accomplice Mary Wanjiku Ndung’u implicated in a Sh300million fraud case are finally out of Lang’ata Remand Prison after the former was the last one to secure her freedom today afternoon, The Informer can authoritatively reveal.

Ndunge was released today while her accomplice secured her freedom earlier.

Ordinarily, the presiding judicial officer, a Magistrate, Chief Magistrate or a judge has to sign a release order of the accused after paying the requisite cash bail or bond and surety and the bond approval documents must be authenticated by prison officers attached to the court.

Consequently, the release order is taken where the accused is remanded before being set free.

Milimani Law Courts Chief Magistrate Wendy Kagendo Micheni had earlier granted the duo a bond of Sh5million with alternative cash bail of Sh3million.

They were charged with defrauding investors over Sh162million in a police housing racket.

Kagendo had also earlier declined a police request to detain the two for 14 more days to enable them conclude investigations.

The magistrate ruled that the suspects should not interfere with investigations.

“Bond is a constitutional right for any suspect arraigned in court. I note the amount involved in this case is colossal but that should not bar the suspects from access their constitutional rights to bond.” The magistrate ruled.

She concurred with defence lawyers Geoffrey Omenke and Robert Aswani that police can continue to investigate the scandal while the accused are out on bond provided they are properly cautioned and warned.

The investigating officer Chief Inspector Eunice Njue had sought to detain Ndunge and Wanjiru for a further 14days saying they were a flight risk.

Njue suggested the suspects will flee jurisdiction once freed on bond.

The court also heard that Ndunge uses phones registered using stolen national identity cards and has several M-Pesa accounts fraudulently registered.

The Investigating Officer (IO) who is attached to the Directorate of Criminal Investigations (DCI) is leading other investigators detailed to carry out an in-depth probe into the fraud that involves over Sh300million.

During an earlier session, the court heard that Njue is yet to record statements from over 20 new complainants who have lodged complaints at Central Police Station.

She said she will go through a raft of documents in respect of over 20 bank accounts and Mpesa transactions.

“The state will use a lot of resources tracking down these two if they will abscond. Detain them for a further 14 days to enable me complete investigations.” Njue submitted.

The DCI crime buster told the Chief Magistrate that she smoked the two out of their hideouts after intense search.

Opposing their release on bond state prosecutor Anderson Gikunda said a host of complainants who had thronged the court had not yet recorded statements.

The Chief Magistrate allowed the defence bond application after a spirited legal engagement with the prosecution.

Ndunge and Wanjiru denied defrauding Michael Kariuki Wanjohi and his sister Salome Wanjiku Sh87,742,000 pretending they were in a position to sell them houses at the West Park Police Estate, Nairobi between 2015 and 2022.

Ndunge and Wanjiru face 15 other counts of obtaining money through pretenses and forging a letter from the Ministry of Labour and Social Protection regarding the ownership of the estate by the women group.

A total of Sh162,152,000 was reportedly obtained from various people.

They are being accused of obtaining millions of shillings from unsuspecting city residents under false pretence of selling them houses at an estate they developed near Wilson Airport, within Langata area, Nairobi.

The pre-trial of the case is slated for January 25, 2023.