City Lawyer Accused of Swindling Mentally Ill Woman Out of Prime Property Worth Sh100M

In what appears to be a disturbing case of professional misconduct and exploitation, a prominent Nairobi advocate finds himself at the center of serious allegations involving the fraudulent acquisition of valuable property from a mentally vulnerable client.

Chege Wainaina, who operates Chege Wainaina & Company Advocates on Lenana Road, stands accused of orchestrating an elaborate scheme to deprive Monica Jackline Wambui of two high-value properties along Dennis Pritt Road in Nairobi’s upscale neighborhood. One of these properties alone is now estimated to be worth over Sh100 million.

According to court documents filed at the Nairobi (Milimani Commercial & Tax Division) Civil Suit No. 185 of 2009, Wainaina allegedly exploited his fiduciary position as Wambui’s legal representative between 2006 and 2009 to fraudulently transfer her assets.

The case has taken another turn as Wambui recently lodged a formal complaint with the Law Society of Kenya (LSK) on May 8, 2024, accusing Wainaina of taking advantage of her mental disability to misappropriate her properties through document forgery and fabrication.

“The evidence suggests a calculated effort to exploit a vulnerable client,” said a legal expert familiar with the case who requested anonymity. “If proven, this would represent one of the most egregious breaches of professional ethics in recent memory.”

The disputed properties include Maisonette No. 6 at Casablanca Villas on L.R. No. 209/5827 and Flat No. 5 on Block A at Dennis Court on L.R No. 1/328, both located along the prestigious Dennis Pritt Road. Court records indicate that one of the properties was allegedly sold at Sh13.7 million, far below its market value.

The Banking Fraud Investigations Department has become involved, referring the matter to the Office of the Directorate of Public Prosecution (ODPP) in June 2023 regarding conspiracy to defraud under Section 317 of the Penal Code.

Complicating matters further is the claim that one of the properties was actually held in trust for Wambui’s minor daughter, allegedly gifted by the child’s father as part of a maintenance settlement following their separation.

Pauline Mukuhi Ng’ang’a, Wambui’s mother, states she intervened because her daughter “is at all times mentally unstable and could be taken advantage of.” She claims to have assumed the role of guardian to protect her granddaughter’s interests.

The case has raised serious questions about legal safeguards for vulnerable clients. Court documents reveal allegations that Wainaina may have a 50% shareholding in Posh Holding Limited, the company to which one of the properties was transferred, suggesting a clear conflict of interest.

Lucy Wairimu Mwangi, who claims to have purchased one of the properties from Wambui through Wainaina’s law firm, maintains she paid the full purchase price of Sh13.7 million and legally acquired the property.

However, Wambui and her mother contend that any consent to sell was obtained through “undue influence, fraud, mistake, misrepresentation and coercion, collusion between Wairimu and the Advocate and/or criminal breach of trust.”

The matter remains ongoing, with Wambui and her mother having moved to the Court of Appeal seeking review of the case. Legal experts suggest this case could have far-reaching implications for how the legal profession handles representation of mentally vulnerable clients.

This newspaper will continue to follow this case as it unfolds through the judicial process.​​​​​​​​​​​​​​​​