Judicial Staffer, Surety Implicated in Ksh 13.7M Stadium Scam
"The title was accompanied by the letter of confirmation that it is not a surety any longer. I did not sign any document and I did not see any need since I received my title," Muchiri told the magistrate.
It has emerged how a judicial staff fraudulently colluded with the surety in a Ksh 13.7 million Moi International Sports Center refurbishing scam by releasing the title deed that was deposited in court to the depositor before the conclusion of the case.
The matter took another turn after Ephantus Muchiri, the surety against Paul Mwangi Warutere, was summoned by the DCI to appear in court to tell his whereabouts.
When he appeared before the Milimani senior principal magistrate Dolphina Alego, Ephantus Muchiri who was the surety of Mwangi said he didn’t know where he was but a few days ago he called him, and the call was not responded to.
When he took the dock under oath, Muchiri described how he recovered his title deed which he deposited in court to secure the release of Mwangi without signing any documents not appearing in court to withdraw the same,
“Your honor, I was called by a lady known as Mercy and informed she has sent my title deed as a parcel via Neno Sacco which I was to pick up from their office in Kirinyaga,” he said.
The lady informed him that she was handed the document by Benson Karanja who was a senior staff at Milimani Law Court criminal registry by then.
Muchiri told the Magistrate that, he never did a follow-up of how the document was released that casually despite being deposited in court as surety to Mwangi,
“The title was accompanied by the letter of confirmation that it is not a surety any longer. I did not sign any document and I did not see any need since I received my title,” Muchiri told the magistrate.
Muchiri informed the court that he had appeared at the Milimani Law Courts, but in a different court, to use the same title as a surety for another party in a different criminal matter, and it was rejected because he was already a surety.
Later, Muchiri sold the land, citing that he needed finances.
The title deed was approved by the court on November 11, 2021.
In response, the prosecution urged the court to detain Muchiri for two weeks for investigations into how the surety document left the criminal registry,
“Your honor we pray the surety be detained for two weeks for the investigations to be conducted on the matter,” the prosecutor prayed to the court.
The magistrate noted that the accused absconded by failing to appear in court and the bond deposited against him was withdrawn without the matter being concluded,
“I put on record that the accused person absconded bond terms whilst the same was withdrawn before the matter was concluded,” the magistrate noted.
The court concurred with the urge by the prosecution to detain Muchiri in Capitol Hill Police Station until July 1, 2025, when the matter will be mentioned,
“I hereby direct Muchiri to be detained at Capital Hill Police Station until July 1, this year when the matter will be mentioned,” the magistrate ordered.
Since the release of the document, the accused started to skip court sessions for mention on the matter for reasons of sickness.
The court later released a warrant of arrest against him which remained in course without his apprehension bearing fruits.
The matter was scheduled to proceed for hearing on November 28, 2025, but failed since Mwangi who was the mastermind of the fraud was absent.
He is charged alongside his father James Warutere Njege, Stephen Ndiritu, and Mercy Wangui Gichema. His co-accused has been honored by appearing in court.
Mwangi and his father Njege who were operating as Neutral Enterprises Limited and Topmax Media Limited jointly with two others who were before the court were charged with defrauding Jane Wanjiru Kabiruri Sh 13, 746,205.
The court was informed that they pretended to be in a position to incorporate Wanjiru who traded as Janetek Enterprises in a tender to refurbish Moi International Sports Center and Ligi Ndogo which was a false fact.
Wanjiru was lured by the accused persons that her company would be included in the refurbishment of the said stadium where they also incurred a debt of Ksh 631,700 of assorted items meant for the then Gilgil constituency Member of Parliament Martha Wangari by assuring that the items would be paid upon delivery.
They were also charged with obtaining credit of Sh 1,090,000 by false pretences and issuing of the bad cheque the offences which took place on diverse dates between July 22, 2016, and September 8, 2018, in Nairobi city within Nairobi county.
The matter will come up for mention on July 1, 2025.
