A Nairobi court has adjourned a case in which a businessman is facing Sh102 million fraud charges.
The court allowed the adjournment of the trial of Jonathan Ngenga Ndisya after the court was informed that is advocate had gotten an emergency matter.
Ngenga who is the director of Joncil Enterprises urged trial court Magistrate Lucas Onyina to postpone his case.
He has been charged alongside accountant Peter Kamau Njuguna.
The trial Magistrate allowed the application and directed the matter to be mentioned on March 2 for further directions.
In the criminal case, prosecution alleges that the two committed the offence between 1 July 2018 and 31 March 2020 at Agro Irrigation & Pump Services Limited Offices, in Nairobi County.
It is alleged that they jointly conspired to defraud the firm.
Njuguna had been employed as an accountant at Agro Irrigation & Pump Services Limited while Ndisya is the director of Joncil Enterprises.
It is alleged that they falsely pretended that Joncil Enterprises had deposited the Sh. 106,822,690 to Agro’s bank account, for the goods supplied to Joncil Enterprises.
Njuguna is further accused of stealing Sh. 4,777,094, from the company by fraudulently transferring the money to his personal account.
The charge sheet stated that the money which came into his possession by virtue of his employment.
A forex bureau owner has been charged with defrauding an investor of over Sh 32 million for gold meant to be delivered to Dubai.
Mohamed Noor, whose bureau is based at Luthuli Avenue appeared before Milimani Senior Resident Magistrate Irene Thamara and denied the charges.
The businessman is accused of obtaining USD 250,500 (Apprx. Sh 32,314,500) from John Sadipo of Sadipo Law Group.
It is alleged that he pretended that he was in a position to smelt and ship 495 Kgs of gold from Kenya to Dubai, a fact he knew to be false.
Noor is alleged to have committed the offense between 1st January and 3rd February 2026, in Nairobi, jointly with others who have already been charged while others still at large.
The accused person is also charged with the offence of money laundering and possession of proceeds of crime.
The prosecution alleged that on 17th February 2026, Noor entered into an agreement to pay SRK Logistics a sum of USD 217,900 knowing the money to be proceeds of crime, as settlement debt owed by Mohazcom Trading.
He was released a bond of Sh 1 million with alternative cash bail of Sh 350,000.
The case will be mentioned on 2nd March 2026 for pre-trial.
Prosecution intend to consolidate the matter with others pending in court.
The Director of Public Prosecutions has thrown a high-profile forgery case into fresh controversy after openly declaring in court that he will never prosecute British lawyer Elms Guy Spencer — defying a court order that blocked his earlier attempts to drop the charges.
In a dramatic courtroom moment, Senior Prosecutor Owiti told the magistrate that the DPP has absolutely no intention of proceeding with criminal charges against Spencer, who faces forgery allegations linked to a Sh100 million Karen land deal.
“It is the position of the DPP we don’t intend to proceed with either the plea or with the criminal proceedings,” Owiti told the court, adding that the prosecution equally has no intention of calling any witnesses.
The declaration came just days after the High Court delivered a stinging rebuke to the DPP, dismissing his application to overturn a magistrate’s earlier refusal to allow withdrawal of the charges. Justice Martin Muya ruled that the trial magistrate “cannot be faulted” in blocking the withdrawal, finding “no good reason” to interfere with the decision.
Yet despite losing that legal battle, the DPP appears determined to achieve the same outcome through non-participation, arguing that the constitutional power to institute or discontinue criminal proceedings rests solely with his office — and that no court can compel him to act.
“Not even the court can force him to proceed,” Owiti insisted, suggesting the complainant’s only remaining option is to pursue a private prosecution, which the DPP said it would not oppose.
The move has drawn sharp criticism from the complainant’s lawyer, Wandugi Kiraithe, who also raised suspicions over the timing of a medical report submitted to court recommending bedrest for Spencer, whose absence from court he described as “a deliberate attempt to derail the taking of plea.” Wandugi pressed the court to have Spencer enter a plea virtually, but the magistrate said it could not disregard the doctor’s recommendation.
The case now raises urgent questions about the independence and impartiality of the DPP’s office, and whether powerful or well-connected accused persons can effectively escape prosecution simply by securing the DPP’s silence — regardless of what courts decide.
The judge further vacated orders granted to the DPP to suspend proceedings before the trial court pending appeal as he the appeal has no merit.
Judge Muya ordered the original file to be placed before the Chief Magistrate in February 2026 for directions.
Spencer has been charged with forging the Will of Roger Bryan Robson, who died on August 8, 2012.
The court noted that there had been other attempts to withdraw the charges and in both instances the complainant was not informed before the decision was made.
“This therefore, smacks of a deliberate attempt to sideline the exparte applicant in the important decision of withdrawing charges relating to a dispute concerning matters of land ownership,” Justice Muya said.
The judge further noted that the enactment of the Victims Protection Act elevates the rights of a victim to nearly the same level as those of an accused person, which are constituted in the article 50 of the constitution.
“Section 20(1) (a) of the Act gives the victims the right to give information to police or prosecution on decisions whether or not to lay a charge or to appeal or withdraw. In this instant case the rights of the victim were not put into consideration asrequired while withdrawing the case,” ruled the judge.
In the appeal, the DPP faulted the trial court’s decision as incorrect, improper and illegal in the circumstances as the prosecution provided a proper justification for its application for withdrawal of criminal case.
“This Court be pleased to raise the impugned ruling and substitute the same with an order allowing the DPP application for withdrawal of the subject criminal case against the respondent as was sought before the trial magistrate,” urged DPP.
Magistrate Ekhubi had rejected the application to withdraw the case and directed Spencer to answer to the charges leveled against him.
The trial court noted that it was the second time the DPP had sought to withdraw or discontinue the charges against the lawyer.
“To avoid this awkward situation where the DPP speaks from both sides of the mouth; Now we have a case now we don’t or where the office is indicted of arbitrarily, unexplained, capricious and whimsically withdrawing charges against accused persons, there ought to be systems for consultation with the investigation officer’s and the victim before arriving at that decision and also in tandem with “Guidelines of Decision to Charge 2019,” said the magistrate.
Three transporters have been charged with stealing goods worth Sh15.8 million belonging to a client.
James Mwangi Kanyi, Joseph Gitau Mbugua and Zachary Kanyeki Muthui appeared before Milimani Senior Resident Magistrate Irene Thamara and denied the charges.
They are alleged to have stolen bags of rice belonging to Abdinaseer Hussein Rage.
The charge sheet stated that they committed the offence on the 10 of November 2025 at Simba Godown, Shimanzi area in Mombasa County.
The court heard that the committed the offence jointly with others not before court by stealing 4,880 bags of rice each weighing 25kgs. The consignment was heading from Mombasa to Nairobi and were valued at Sh. 15.86 million.
The trio were charged with handling stolen property. The charge sheet stated that they dishonestly received and retained 460 bags of rice valued at Sh. 1,610,000 knowing or having reasons to believe them to be stolen goods.
The allegedly committed the offence on February 7, 2026 at Eastleigh area in Nairobi County.
The accused persons were ordered to each deposit cash bail of Sh500,000, to secure their release.
Director of Criminal Investigations has revealed the identity of a man accused of defrauding an American national of USD 217,900 in a botched 495kgs gold deal.
Willis Onyango Wasonga was arrested after a report was made at Capitol Hill police station by Gershonov Oleg on behalf of his American business partner, John Sodipo, following what detectives now describe as a calculated money laundering and sophisticated gold scam.
According to the DCI, investigations have revealed that Oleg first visited Kenya in September 2025 to pursue a gold transaction that never materialized.
However, during that trip, he established contacts with alleged gold dealers, one of them identified as Wasonga alias ‘Marcus’, who is the main suspect.
Later, negotiations between Sodipo and Wasonga for the purchase and subsequent chartering of 495kgs of gold to Dubai commenced.
After reaching an agreement, Sodipo deposited the agreed chartering fees into a purported Escrow account under advocate Michael Otieno Owano of MOAC Advocates, with Oleg flying to Kenya to oversee the shipment process.
A post on twitter DCI revealed that the shipment delayed past the agreed timelines and as the pressure for the consignment to be chartered mounted, it became clear the deal was a mirage.
The police said it later dawned on the American businessmen that they were dealing with “seasoned Machiavellian scammers with dark triad characteristics”.
“This unholy trinity forms the foundation of their manipulative prowess, allowing them to navigate social situations with ease while remaining detached from the emotional consequences of their actions,” state DCI on X.
Detectives established that the suspects’ modus operandi involved an elaborate web of deception involving SRK Logistics Limited, a logistics company allegedly misrepresenting its capacity to supply gold.
Fictitious legal representation agreements were also generated to create the illusion of legitimacy, falsely portraying MOAC Advocate LLP as handling bona fide commercial transactions.
Further, investigations revealed that funds were swiftly moved between company accounts and later transferred overseas, a pattern investigators say bears classic hallmarks of money laundering, including layering and concealment of proceeds of crime.
The police said investigations are ongoing even as more suspects are being pursued.
The law firm of former Attorney General Githu Muigai has been entangled in a multimillion dispute pitting Kenya Breweries Ltd (KBL) and a construction firm.
In an application before the High Court, Jilk Construction wants the firm of Mohammed Muigai, which is associated with the former Attorney General and former Central Bank of Kenya chairman Mohammed Muigai, blocked from representing KBL in the dispute.
The construction firm argues that Mohammed Muigai LLP is conflicted having represented it as part of its legal team, when the dispute was pending before an arbitrator.
Jilk Construction now wants all the pleadings and affidavits filed by the law from of Mohammed Muigai LLP on behalf of KBL, struck out forthwith and expunged from the court record.
The suit stems, firstly from the execution of three construction agreements between the construction and KBL over the construction of a state of the art facility in Kisumu.
In the wake of disputes between Jilk construction and its workers on the one hand and Diageo PLC and KBL on the other hand, the construction firm filed a case before an Arbitrator.
The arbitration proceedings are now concluded and pending delivery of the award.
The construction firm says that in the course of the arbitration proceedings, it instructed the law firm of Mohammed Muigai to represent it.
And pursuant to the agreement and by a Letter of Engagement dated 23 June, 2022 the law firm of Mohammed Muigai LLP, confirmed its acceptance of the firm’s appointment of the firm to lead the team of Advocates representing it in the arbitration dispute.
The said letter defined the scope of work as “prosecuting the claim in the Reference until the delivery of a Final Award” and the Agreed fees payable was set at Sh.15 million.
The construction firm then paid a deposit of Sh5.8 million on 13 July, 2022 for legal fees.
Over a period of one month the Jilk’s representatives and a legal team at the law firm of Mohammed Muigai LLP discussed the subject arbitration dispute in detail in order to secure better representation.
However, the parties fell out and the construction firm decided to cease further engagement and it was mutually agreed that the deposit of legal fees paid be consequently refunded less expenses and taxes.
Accordingly, on 22 July, 2022 the law firm of Mohammed Muigai LLP refunded a sum of Sh 5.6 million to the construction firm.
“Considering now the twin facts that the subject matter of the dispute in this suit stems from the execution of the construction project and the relationship between KBL and EABL,” argues the firm.
The construction firm avers that the representation of KBL by the law firm of Mohammed Muigai LLP amounts to a conflict of interest as embodied in the letter of engagement aforementioned.
“Further to the foregoing, the construction firm avers that given that both KBL and EABL are joint defendants in this suit and the nature of the cause of action, the representation of the 3rd Defendant by the law firm of Mohammed Muigai LLP violates the firm’s right to protection of law and fair hearing guaranteed by Articles 27 and 50 of the Constitution,” the firm said.
The firm said that having shared confidential information and strategic thinking with the representatives of Mohammed Muigai LLP, it would be prejudicial for the said law firm to represent KBL in the dispute stemming from the same set of facts and circumstances.
The company adds that in order to secure substantive justice in the matter and for justice to be done and be seen to be done, the law firm of Mohammed Muigai should be prohibited forthwith from representing KBL.
“It is in the interest of justice that the orders sought be granted to prevent abuse of court process and a miscarriage of justice against the firm,” construction firm told the court.
The firm’s director Sammy Kamau stated that over a period of one month the firm’s representatives and a legal team at the law firm of Mohammed Muigai LLP discussed the subject arbitration dispute in detail in order to secure better representation in the Arbitration Case.
Three Kenyans wanted in the USA over alleged fraud have opposed an application by the Director of Public Prosecutions (DPP) Renson Ingonga to detain them for two weeks, pending their extradition.
Peter Omari, Francis Osanyo and Elvis Obaigwa are wanted in the USA over alleged cybercrime offences and the DPP applied to withhold them for 14 days, pending commencement of extradition proceedings.
But the trio pleaded with the court not to detain them for purposes of extradition, arguing that their constitutional rights have been violated. They also submitted that no compelling reasons have been presented before court, to justify their continued stay in custody.
Through lawyer Cliff Ombeta, they argued that the prosecution must place before the court compelling reasons to justify the denial of bond, as required under Article 49 of the Constitution.
“I have looked at the application. Currently, it is not an extradition proceeding; it is a request to hold the suspects in custody. They must place before you what we call compelling reasons,” Ombeta submitted. Ombeta further told the court that three were unwell and that their constitutional rights had been infringed.
They maintained that detention for 14 days without an option of cash bail or bond would be unlawful and punitive in the absence of a formal extradition request before the court.
“We are asking the court to decline the request made by the prosecution,” Ombeta told Milimani Resident Magistrate Irene.
The three were indicted by the U.S. District Court for the Eastern District of Virginia. They are accused of conspiracy to commit computer intrusions, conspiracy to commit wire fraud, and aggravated identity theft and aiding and abetting under various provisions of Title 18 of the United States Code.
The indictment was reportedly returned by a Federal Grand Jury sitting in Richmond, Virginia, in November 2023, and a warrant of arrest subsequently issued in Case No. 3:23-cr-153.
The DPP sought to detain them at Central Police Station for 14 days to allow completion of investigations and to enable USA authorities to transmit a formal extradition request through diplomatic channels.
The prosecution also informed the court that an Interpol Red Notice had been issued and that the offences alleged in the USA indictment correspond to offences under Sections 28, 29 and 30 of Kenya’s Computer Misuse and Cybercrimes Act.
The prosecution insisted that the detention was necessary to facilitate receipt of the formal extradition request from the United States and to allow local investigators to conduct searches and secure electronic and financial evidence allegedly linked to the offences.
The court is expected to rule on whether to grant the DPP’s application, and the filing of the formal extradition proceedings against the Kenyans.
Ugandan national has been charged with Sh233.7 million gold fraud before a Nairobi court.
Steven John Waswa appeared before Milimani Senior Resident Magistrate Irene Thamara and pleaded not guilty.
The Ugandan is accused of obtaining USD 1,271,200.74, which is equivalent to approximately Sh223,756,000, on diverse dates between March 31 and 30 May, 2024 at Nairobi city, jointly with others not before court.
It is alleged he obtained the millions from Tanner Caldwell Cook by falsely pretending that he would sell him the gold.
It is further alleged that on diverse dates between 31 March to 30 May, 2024 at Nairobi city county, Waswa jointly with others not before court conspired to steal the money from Caldwell by falsely pretending that he would sell him gold.
He was released on a bond of Sh2 million or cash bail of half a million pending hearing and determination of his fraud case
Digitalent Systems Limited director Boris Owiye Agonga has been arrested in connection with the fraudulent transfer of the vehicles belonging to the company.
According to the DCI, using a web of forged documents, Agonga deceitfully transferred ownership of two company vehicles a Land Rover Discovery and a Nissan Sylphy, into his name.
One of the stolen vehicles, the Land Rover Discovery, has been recovered and is now securely held as exhibit.
Agonga is currently in custody undergoing processing pending arraignment.
