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Two Nairobi businessmen charged in Sh9.2 million fraud-forgery case

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NAIROBI, Kenya – Two Nairobi-based businessmen have been arraigned before the Milimani Chief Magistrate’s Court in separate fraud and forgery cases involving millions of shillings.

In the first case, David Waweru Kamotho was charged with obtaining money by false pretences under Section 315 of the Penal Code, after allegedly defrauding Kipngeno Obed Kigen of USD 70,200 (approximately Sh9.2 million) on March 15, 2023, in Westlands, Nairobi.

According to the charge sheet, Kamotho is accused of falsely inducing the complainant to pay the money under the pretext of a legitimate business deal.

He pleaded not guilty before Chief Magistrate Lucas Onyina, through his lawyer, who described the matter as a commercial dispute arising from a “business consignment related to a martial contract that was later stolen.”

The defence urged the court to grant lenient bail terms, saying Kamotho had cooperated with investigators for nearly a year and was not a flight risk.

The prosecution did not oppose bail, noting that the case was still under review by the Office of the Director of Public Prosecutions (ODPP).

Magistrate Onyina released Kamotho on a Sh1 million personal bond, with the case set for mention on November 6, 2025.

In a separate matter, Hillary Kinyata Ogola faced five counts of forgery and uttering false documents, including fake pro forma invoices and payment receipts allegedly bearing the name of Nairobi Serena Hotel.

Investigators allege the documents were used to solicit payments under false representation.

The cases are part of a broader crackdown on commercial fraud and document forgery, which authorities say has surged in recent months, especially in Nairobi’s business districts.

Legal analysts note that while such cases often appear as civil disputes, prosecutors have increasingly invoked the Penal Code to tackle deliberate deceit in contractual transactions.

The twin prosecutions signal renewed resolve by law enforcement and the ODPP to clamp down on white-collar fraud in Kenya’s fast-growing private sector, where billions of shillings are lost annually through forged documents and fraudulent contracts.

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