Two Nairobi Businessmen Charged With Fraud and Forgery

Two businessmen have been charged before the Milimani Chief Magistrate’s Court in separate cases involving allegations of fraud and forgery amounting to millions of shillings.

In the first case, David Waweru Kamotho, a Nairobi-based businessman, was charged with allegedly obtaining money by false pretences contrary to Section 315 of the Penal Code.

He is accused of allegedly obtaining USD 70,200 (about Sh9.2 million) from Kipngeno Obed Kigen on March 15, 2023, in Westlands, Nairobi County.

According to the charge sheet, Kamotho allegedly induced the complainant to pay the money under false representation.

He appeared before Chief Magistrate Lucas Onyina and pleaded not guilty. Through his lawyer, Kamotho requested reasonable bail terms, saying he was not a flight risk and had complied with all police summons for nearly a year.

The defence told the court that the case stemmed from a business consignment related to a “martial contract” which was later stolen, adding that the accused had cooperated fully with investigators.

“The matter arises from a business consignment related to a martial contract that was later stolen,” the lawyer said, urging the court to grant lenient bail terms.

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

The court released Kamotho on a personal bond of Sh1 million pending the hearing of the case, which will be mentioned on November 6, 2025.

In a separate case, Hillary Kinyata Ogola was charged with five counts, including alleged forgery and uttering false documents,  involving fake pro forma invoices and payment receipts purportedly issued by Nairobi Serena Hotel.

He is accused of supposedly obtaining USD 9,830 (about Sh1.27 million) between February and March 2025, by falsely claiming he could book accommodation for clients.

Ogola pleaded not guilty to all charges. His lawyer told the court that he was arrested on October 2 and detained at Central Police Station, where attempts by his family to secure his release on cash bail were unsuccessful.

The defence further argued that Ogola was held for four days before being presented in court, contrary to the constitutional requirement to be arraigned within 24 hours.

“He was held for four days without being presented in court. That is unlawful pretrial detention,” the lawyer said.

Counsel asked the court to grant lenient bail terms, describing Ogola as a family man and law-abiding citizen residing in Kinoo, Kiambu County.

“There are no compelling reasons to deny him bail. We urge the court to grant reasonable and affordable terms,” the lawyer added, also requesting access to witness statements and exhibits for trial preparation.

The prosecution did not oppose the application and requested that the case be listed for pretrial within 14 days.

The court ordered Ogola’s release on a bond of Sh500,000 with one surety, or an alternative cash bail of Sh200,000, and scheduled the mention for October 22, 2025.

Both cases will proceed to pretrial for further directions.