Duo charged with conspiracy to defraud Afya Sacco Sh55.6million
Two businessmen have been charged at a Nairobi court with conspiracy to steal Sh55.6million from Afya Sacco Society Limited.
The court heard that the duo, Felix Mutisya Ndoi and Silas Sila Mutaki appearing before Milimani Chief Magistrate Susan Shitubi today and denied the charges presented against them by the prosecution.
State prosecutor James Gachoka told the court that the two jointly conspired with others who were not before the court committed the offence on diverse dates between December 8, 2016 and November 1, 2021.
The alleged offence took place at an unknown place within the Republic of Kenya.
In the second count they faced with a charge of stealing Sh55,649,000 the property of Afya Sacco Society Limited.
They further denied the charge of procuring execution of documents by false pretences contrary to section 355 of the Penal Code.
On July 7, 2020, at Mwanzia and Company Advocates in Nairobi county within the republic of Kenya with another who did not appear in court by means of false and fraudulent representation as to the content of an agency agreement document witnessed by a commissioner of oaths, procured James Mutyota Masika to execute the said document.
State prosecutor did not oppose their release on bond but prayed for stringent terms considering the seriousness of the offence and the amount lost,
“Though we are not opposing the release of the accused persons on bond, we urge this court to give stringent terms considering the amount indicated in the charge sheet.” Gachoka submitted.
The defence lawyers Osoro Omwoyo and Nowel Musyia prayed the court to release the accused with lenient bond terms stating that the two old men are retired senior citizens who are law abiding and have never been involved in criminal activities.
Musyia told the court that the duo are not a flight risk and have health complications hence pleaded with the magistrate to consider the same while granting bond,
“Looking at their age your honour you can tell that the accused are not flight risk and since the commencing of Investigations in this matter a year ago, they have been complying with investigators.” Musyia submitted.
The magistrate considered the submissions by the prosecution and the defence noting the old men have health complications and also the seriousness of the offence,
“I have considered the submissions by the defence counsels and the prosecution noting that the state did not oppose their release on bond but also I have to consider the complainant in the matter for the purpose of justice.” The magistrate ruled.
They were released on a Sh3million bond with a surety of similar amount or an alternative cash bail of Sh1million with two contact persons each.
The matter will be mentioned on December 30, 2024 for pre-trial.
Meanwhile, Elius Kemboi Korir was charged with conspiracy to defraud Impala Reel Company Limited Sh44,370,000.
The court heard that on diverse dates between February 1 and April 1, 2022, at Vutaride Limited office in Westlands area within Nairobi county jointly with others who were not before the court conspired to commit the offence.
He also faced with a charge of obtaining goods by false pretences.
At Vutaride Limited office in Westlands jointly with others with intention to defraud obtained 500 litres Pramitol 2SE worth Sh8,250,000 from Impala Reel Company Limited by falsely pretending that it was a genuine supply contract a fact he knew was false.
He denied the charges before chief magistrate Susan Shitubi who detained him at Capitol Hill police station until Monday when she will determine his bond application.
