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Nairobi MCA Antony Gathumbi charged with Sh15 million land fraud
He and two others are accused of forging a transfer lease for land situated in Umoja Innercore

A Nairobi Member of County Assembly (MCA) has been charged jointly with two other businessmen with conspiracy to fraudulently transfer land worth Ksh 15 million.
Harambee MCA Antony Kimemia Gathumbi, alongside Daniel Munyao Mbithi and Jane Nyambura Karia, are alleged to have conspired to defraud Esther Wanjiru Mwakuwa and Daniel Abednego Ksh 9.4 million by forging a transfer lease for land reference number Nairobi Block 83/1308 measuring approximately 0.0225 hectares situated in Umoja Innercore. The parcel of land is valued Ksh 15 million.
The MCA and Nyambura jointly faced another charge of obtaining a registration of title of land contrary to Section 320 of the Penal Code.
The court heard that n January 8, 2013, at Central Land Registry Nairobi with intent to defraud Wanjiru and Abednego Ksh 9,460,000 being the Directors of Aviation Enterprises Limited, jointly and willfully procured the registration of the land parcel Nairobi Block 83/1308 in the names of Aviation Enterprises Limited a fact they knew to be false.
Separately, Mbithi was charged with offences of forgery, obtaining of registration by false pretences, obtaining money and uttering of forged documents.
He was also charged that on January 8, 2013, at an unknown place within the republic of Kenya with intent to defraud forged a Transfer of Lease in the name of Aviation Enterprises Limited dated May 7, 2013, for parcel number Nairobi Block No. 83/1308 purporting it to be genuine transfer of lease signed by the Directors of AEL a fact which was false.
Mbithi faced a further charged that at Mungai Kalande and Company Advocates office in Shankardass House in Nairobi with intent to defraud jointly with others who were not in court, they obtained Ksh 1,500,000 from Daniel Abednego Mwakuwa by falsely pretending that he was in a position to sell him land reference number Nairobi Block 83/1308 situated at Umoja 2 estate which was a false fact.
In another count, he was charged that at Absa Bank Limited Buru Buru Branch Mbithi obtained from the said Abednego Ksh 6 million in pretences to sell him a land in Umoja Estate.
After charge related to uttering a forged certificate of lease to police constable Kiplangat Davies, a person employed in the public service, purporting it to be a genuine certificate.
The three appeared before the Milimani Principal Magistrate Ben Mark Ekhubi where they denied the charges levelled against them.
Their lawyer Dingli Bongo asked the court to release them on lenient bond terms considering they presented themselves before the court willingly after they were summoned.
The lawyer further told the court that the accused persons resides in Nairobi,
“Your honour the accused are not flight risk and their places of abode are known,” the lawyer said.
The lawyer told the court to consider Mbithi’s health complications, which need special attention while granting bond terms.
The prosecution did not oppose their release on bond but urged the court to consider the amount in the charge sheet and grant bond terms that commensurate the same,
“Your honour we do not oppose the release of the accused persons on bond but we draw this court to consider the gravity of the matter and give a reasonable terms,” the prosecutor said.
In determining the matter, the magistrate considered the application by the defence and the prosecution noting that they did not oppose the release of the accused on bond.
“I have noted the submissions by the defence and the prosecution and considering the gravity of the matter, the bond terms will vary from the first accused and the other two considering the number of charges,” the magistrate stated.
He released Mbithi on a bond of Ksh 5 million with a surety of similar amount or alternative cash bail of Ksh 2 million with two contact persons.
For the MCA and Nyambura, the court granted them a bond of Ksh 2 million with a surety of similar amount or alternative cash bail of Ksh 850,000.
The matter will be mentioned on February 26, 2025 for pre-trial and directions.