Court NewsLatest News
Nairobi Court Halts Ksh 7.9M Fraud Case, Orders Mediation
The magistrate halted the matter and referred it to the Deputy Registrar for mediation. He added that if the mediation fails, he would proceed to hear the matter from where it had reached.
A Nairobi court has halted the hearing of a matter in which a businessman is accused of obtaining Ksh 7.9 million in pretence, urging the parties to proceed with mediation.
Milimani Principal Magistrate Paul Mutai requested that the parties participate in mediation shortly after the complainant took the stand to testify against Brian Reeves Obare, the accused.
When she took the dock to give her testimony, Nancy Najira Odhungo told the magistrate that the figures indicated in the charge sheet represented the money she lost through M-Pesa only.
“Your honor, the amount indicated in the charge sheet is part of the money I lost that I sent through M-Pesa,” she told the court.
Odhungo told the court that she holds bank receipts as proof of funds exceeding Ksh 30 million, which she deposited into Obare’s account.
In her explanation, she stated that the total amount lost in the syndicate between January 1, 2022, and January 31, 2024, amounts to Ksh 89 million, as there are other complainants who have yet to lodge their complaints and were also defrauded.
Odhungo, who is trading as Golden Key Travel Consultant, told the magistrate that the funds lost were paid to her by visa applicants through her company and transferred to Obare, who was to process the documents at the Canadian Embassy.
According to court documents, Brian Reeves Obare was charged with the offence of obtaining money by false pretences.
Obare allegedly obtained Ksh 7,948,650 from the complainant’s funds, which were paid by visa applicants of the Golden Key Travel Consultants company.
The court heard that the alleged offence took place on various dates between January 1, 2022, and January 31, 2024, in Nairobi City, within Nairobi County.
He pretended to be in a position to process the said travel Visa at the Canadian Embassy for the said clients, which was a false fact.
When the magistrate asked her whether there was any written agreement between her company and the accused, she stated that there was no agreement, but there were bank receipts and M-Pesa messages.
“Was there any written agreement between your company and the accused?” “No,” she answered.
However, Odhungo told the magistrate that she would produce the bank receipts and M-Pesa messages showing the funds amounting to 30 million that she transferred to Obare.
The magistrate inquired of Odhungo whether they had tried to mediate and resolve their differences out of court. The court was informed that they had tried several times to approach the accused, but he responded with rudeness.
In his part, the defence lawyer told the magistrate there is no need for mediation since his client has not obtained any money from the complainant, and he wanted the hearing to proceed,
“Your honor, there is no need for mediation since my client has not obtained any money from the complainant, which he can refund,” the lawyer said.
The magistrate halted the matter and referred it to the Deputy Registrar for mediation. He added that if the mediation fails, he would proceed to hear the matter from where it had reached.
“I refer this matter to the Deputy Registrar for mediation, and if it will be futile, you will come back to proceed with the hearing from where we have reached,” said the magistrate.
The matter was scheduled for mention on August 28, 2025, to confirm the progress.
