A Web of Deceit: Man Charged With Fraud and Tampering With Court Records

A man was charged at a Nairobi court with obtaining a title deed registration by false pretence, which is contrary to the law.

Ephantus Muchiri Mangu appeared before Milimani Chief Magistrate Lucas Onyina, where he was charged with four counts of conspiracy to commit a misdemeanour and obtaining registration by pretence.

The prosecution told the court that, on October 31, 2016, at an unknown place within the Republic of Kenya, jointly with others who were not before the court, conspired to obtain registration of title deed number Marembo/Rianthiga/702 serial number 0758891 by pretence.

In the same period, the court heard that the accused willfully procured the title deed number Marembo/Rianthiga/702, serial number 1711565, certificate of land by falsely pretending that he was procuring a genuine title deed.

He denied the charges and applied to be released on lenient bond terms.

The prosecution did not oppose his release on favourable bond terms.

The Magistrate released him on bond of Ksh 300,000 with a surety of the same amount.

The matter took a drastic turn after the DCI summoned Ephantus Muchiri, the surety against Paul Mwangi Warutere, to appear in court to tell his whereabouts.

When he appeared before the Milimani senior principal Magistrate Dolphina Alego, Ephantus Muchiri, Mwangi’s surety, said he didn’t know where he was. However, he called him a few days ago, but the call was unanswered.

When he took the dock under oath, Muchiri described how he recovered his title deed, which he deposited in court to secure Mwangi’s release without signing any documents or appearing in court to withdraw it.

“Your honour, I was called by a lady known as Mercy and informed she had sent my title deed as a parcel via Neno Sacco, which I would pick up from their offices in Kirinyaga,” he said.

The lady informed him that she was handed the document by Benson Karanja, who was a senior staff member at the Milimani Law Courts criminal registry at the time.

Muchiri told the Magistrate that he never followed up on how the document was released, which was done casually despite being deposited in court as surety for Mwangi.

“The title was accompanied by the confirmation that it is no longer a surety. I did not sign any document, nor see any need since I received my title,” Muchiri told the Magistrate.

Muchiri informed the court that he appeared at the Milimani Law Courts in a different court to use the same title as surety to another party in a different criminal matter, and it was rejected on the ground that it was already a surety.

Later, Muchiri sold the land due to financial needs.

The court approved the title deed on November 11, 2021 and put it in their custody as surety.

In response, the prosecution urged the court to detain Muchiri for two weeks so that it could investigate how the surety document left the criminal registry.

“Your honour, we pray that the surety be detained for two weeks so that investigations can be conducted on the matter,” the prosecutor prayed.

The Magistrate noted that the accused absconded by failing to appear in court, and the bond deposited against him was withdrawn before the matter was 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 prosecution in detaining Muchiri in the Capitol Hill Police Station until July 1, 2025, when the matter will be mentioned.

“I hereby direct Muchiri to be detained at Capitol Hill Police Station until July 1,  this year, when the matter will be mentioned,” the Magistrate ordered.

Since the document’s release, the accused started to skip court sessions for mention on the matter due to sickness.

The court later released a warrant of arrest against him, which remains in course without his apprehension bearing fruit.

The matter was scheduled to proceed to a hearing on November 28, 2025, but failed because Mwangi, the fraud’s mastermind, was absent.

He is charged alongside his father, James Warutere Njege, Stephen Ndiritu, and Mercy Wangui Gichema. His co-accused have been honoured by appearing in court.

Mwangi and his father, Njege, operating as Neutral Enterprises Limited and Top Max Media Limited, jointly with two others who were before the court, were charged with defrauding Jane Wanjiru Kabiruri of 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 Centre and Ligi Ndogo, which were false facts.

The accused persons lured Wanjiru into believing that her company would be included in the refurbishment of the said stadium. They also incurred a debt of Sh 631,700 for assorted items meant for the then Gilgil constituency Member of Parliament Martha Wangari by assuring her 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 a bad cheque, offences that took place on diverse dates between July 22, 2016, and September 8, 2018, in Nairobi city within Nairobi county.