A business lady who pretended to be a personal doctor of Kenya’s opposition chief has been charged with defrauding a businessman Sh 25 million in a KEMSA Malaria nets supply fraud.
Faith Mwikali Ndiwa appeared before the Milimani chief magistrate Susan Shitubi and denied the charges of obtaining Sh 25 million from a Nigerian national Jude Olabayo Veracruz.
The prosecution opposed the release of Mwikali on bond saying police need to put in an affidavit articulating reasons to deny the accused bond.
Mwikali denied eight counts of forgery, uttering false documents and obtaining money through pretences.
Ms Shitubi heard that she used her two companies namely Ashley Dylan Limited and Faizel Limited to secure a tender number IFT NO GF ATM MAL NFM-19/20-OIT-004 to supply KEMSA with Long Lasting Insecticidal Nets (LLINs).
Mwikali allegedly used her two companies to deceive Veracruz that he would earn profit after paying the Sh 25 million to complete part of his bargain the money which he would not have expended were it not for the said deception.
She is accused of obtaining the said money on diverse dates between June and December 2022 within Nairobi County.
Mwikali was also charged that on March 7, 2022, at an unknown place within the country with the intent to defraud forged a Framework Contract number IFT NO GF ATM MAL NFM-19/20-OIT-004 between KEMSA and Ashley Dylan Limited for the supply of Long Lasting Insecticidal Nets purporting it to be a genuine agreement under the Medical Supplies Authority.
She was further charged with uttering the said document between her company and KEMSA purporting it to be a genuine agreement for the supply of Insecticidal Nets.
She is also accused of forging an amendment to the agreement to the Framework Contract between her company and KEMSA.
In June 2022 she is accused of fraudulently uttering the said amendment agreement to Veracruz pretending it to be a genuine agreement.
Defence lawyers applied to have the accused freed on bond saying it is her constitutional right and she is not a flight risk,
“Your honor I plead with this court to release the accused on bond since it is her right,” prayed the lawyer.
State prosecutor Naomi Wanjiru opposed the application by the defence to free the accused on bond saying there are some issues which need to be presented before the court through an affidavit by the investigating officer Eunice Njue,
“You honor I oppose the release of the accused on bond in order to give the investigating officer time to file an affidavit opposing the same,” said Naomi.
In her ruling, the magistrate allowed the plea by the prosecution to detain the accused until tomorrow to allow the investigating officer to file an affidavit opposing her release on bond,
“I have considered the prayers by the prosecution to hold the accused for the Investigating officer to have time to file an affidavit before the court,” said the magistrate.
Ms Shitubi directed the accused to be detained in Langata prison until tomorrow when she will be presented in court for bail determination.