Court Orders Sh320 Million Tender Fraud Case Against City Politician Francis Mureithi and Associate To Proceed

A Nairobi court has rejected an application seeking the recusal of the presiding magistrate in the Sh320 million tender fraud case involving city politician Francis Mureithi and his associate Francis Mwaura, clearing the way for the criminal trial to proceed.

Magistrate Robinson Ondiek on Tuesday declined to step down from the case, dismissing arguments by the complainant that he should recuse himself on grounds that the matter has not progressed since charges were filed in 2016.

The ruling marks a significant development in the long running criminal case where Mureithi and Mwaura are accused of defrauding retired United Nations diplomat Haile Menkerios of Sh320 million in a fictitious Defence Ministry tender scheme.

According to court documents, Mureithi allegedly convinced Menkerios between April and November 2016 that he could help him secure lucrative government contracts to supply foodstuffs to the Kenya Defence Forces.

The politician, through his company Doc Find Limited, is said to have issued the diplomat with a Local Purchase Order to supply sugar, maize, rice and beans to the military.

Investigations by the Directorate of Criminal Investigations established that money was wired to several companies linked to Mureithi on various dates between April 29 and November 3, 2016.

The companies identified include Doc Find Limited, Wina Trading Limited, New Research Path Company, Hammond Agencies and Sembel Trading.

Menkerios, who served as Special Representative of the Secretary General and Head of the United Nations Office to the African Union in Addis Ababa before his retirement, wired the funds from Ethiopia believing the contracts were genuine.

Parklands DCI boss David Chebii told the court that investigations confirmed the complainant was swindled on the pretext that Mureithi was in a position to secure more lucrative government contracts. The investigator revealed that the promised Defence Ministry tenders did not exist.

Mureithi, who unsuccessfully contested the Embakasi East parliamentary seat in 2017, faces multiple charges including obtaining money by false pretenses, forgery and money laundering. He is also accused of acquiring shares in Ciscos Kenya Limited and property in Ngong worth Sh75 million in June 2016 using proceeds suspected to be from the alleged fraud.

The politician denied all charges when he appeared before Chief Magistrate Martha Mutuku in November 2020 and was released on Sh5 million cash bail or Sh10 million bond with two sureties of similar amount.

The case took a parallel track when Menkerios filed a civil suit in May 2018 at the Milimani Commercial Court seeking over Sh630 million in investment, profits and interest. However, Justice Freda Mugambi dismissed that civil case in November 2024, ruling that Menkerios failed to provide adequate documentation to prove the transactions were legitimate business investments.

The judge noted it was unreasonable to believe a prudent investor would inject such substantial capital without clear documentation or understanding of the business opportunity. She said the court could not assist in what appeared to be illegal transactions.

Despite the civil case dismissal, the criminal prosecution continues. With the recusal application now rejected, the case is expected to proceed to full hearing where the prosecution will present evidence to prove the fraud allegations against the two accused persons.