Mother and Sons Face Charges Over Deceased Man’s Forged Will
While requesting leniency, the lawyer stated that no one has encountered a loss resulting from the alleged offence and also reminded the court that the trio enjoys a presumption of innocence until proved otherwise.
A woman and her two sons have been charged at a Nairobi court with fraudulently forging the last will of a deceased person.
The court heard that the three Irene Wanjiru Ndiritu, Danson Ndiritu Gathirua, and Alex Karuri Gathirua appeared before the Milimani senior principal magistrate, Dolphina Alego, facing five counts of forgery and uttering of forged documents.
The prosecution told the court that on various dates between May 2, 1999 and May 11, 2023, at an unknown place within the republic of Kenya, together with others who were not before the court, with intent to deceive forged the last will and testaments of Dr. Cyrus Gathirua Ndiritu, who is deceased, purporting it to be a genuine will and testaments duly signed by the deceased.
The magistrate heard that, in 2010, on unknown dates, the trio fraudulently uttered a forged last will of the deceased before the Milimani High Court Division purporting it to be a genuine will by the deceased.
They were also charged with forging and uttering the Trust Deed between Dr. Cyrus Gathirua Ndiritu (the deceased) and Irene Wanjiru Ndiritu before the Milimani High Court, pretending it to be a genuine document signed by the deceased.
In the last count, they were charged with forging a Share Transfer document, dated April 20, 2000, purporting it to be a genuine document duly signed by the deceased.
They denied the charges and requested lenient bond terms through their lawyer.
The prosecution did not oppose their release on bond but urged the court to consider judicial bail and bond policy, considering the gravity of the offence.
“Your honor we do not oppose the release of the accused persons on bond but we invite the court to consider the gravity of the offence and grant reasonable terms,” the prosecutor told the magistrate.
The defence lawyer told the court that the accused persons are not flight risk since they have a fixed place of abode,
“Your honor the accused persons are mother and her sons and they have permanent place of abode in Nairobi,” the lawyer said.
While requesting leniency, the lawyer stated that no one has encountered a loss resulting from the alleged offence and also reminded the court that the trio enjoys a presumption of innocence until proved otherwise.
In her directions, the magistrate granted them a bond of Ksh 1 million each, with a surety of the same amount, with alternative cash bail of Ksh 450,000 with one contact person.
They were further ordered to deposit their passports in court.
The matter will be mentioned on September 11, 2025, for pre-trial.
