A city businesswoman has explained an ordeal before a Nairobi court how she lost a family house valuing Sh 24 million to auctioneers for failure to settle a bank loan that she never borrowed.
In her testimony before the Milimani senior resident magistrate Geoffrey Onsarigo, Diana Waithira Ndung’u explained how she lost her matrimonial house for failure to settle a loan of Sh 11.25 million which she claimed not to have borrowed nor knowing who was responsible.
Waithira who is currently homeless painfully told the court to indulge and help her recover the house which she told the court cannot comprehend under which circumstances she was kicked out despite being residing there since 2009.
The court heard that the ordeal started in September 2018 when she was interrupted one morning by strangers who visited her and handed her a letter from Adept Realtors Limited informing their aim to valuate their house,
“I was handed with a letter which indicated that they intended to do valuation of my house,” said Waithira.
Her myriad questions were left unanswered and the guests told her to do a follow-up at her own time to know the reasons why the valuation was undertaken.
A few days later she received a letter from Nairobi Auctioneers giving her 45 days to vacate the house since it was to be auctioned.
From the letter, she learned that a company by the name Thai Group Kenya Limited had failed to settle a loan of 11.25 million borrowed from Sidian Bank whereby her house was a collateral.
After informing her husband and showing him the letter, he said he was not aware of that company nor borrowing any money from the said bank.
She went to the bank to gather information on what was going on and was informed that Thai Group Kenya Limited secured a loan of Sh 11.25 million where they put their house as collateral and they had failed to settle as agreed,
“They produced execution form dated February 3, 2018 with my name and a signature purported to be mine and a copy of title deed of the plot LR 209/17198 (original No. 209/1124/159) where my house sits,” she explained.
The documents provided by the bank indicated that a couple went into the bank to secure a loan through their company and they gave their house as a security.
The owner and the CEO of Thai Group Kenya Limited according to the documents was Joseph Ndegwa Muchiri and his contacts were indicated,
“I never knew such a person in my life but I decided to contact him amid confusion,” she said.
In response, Ndegwa admitted being the one who borrowed the money and put the house as security.
Thereafter police invaded the couple informing them to vacate the house.
Diana rushed to the DCI and recorded a statement where afterward Ndegwa and his two accomplices were arrested.
Joseph Ndegwa Muchiri, his wife Veronicah Emily Mutuli, and Emmanuel Wachira Gitari were charged in court with four counts of conspiracy to defraud where the court was told the three are the directors of Thai Group Kenya Limited.
They were charged that on diverse dates between January 1, 2015, and March 22, 2019, at an unknown place within the Republic of Kenya jointly with intent to defraud Diana Waithira Ndung’u and Simon Khaleha Inyanza their matrimonial property certificate of title LR No. 209/1798 at Muimara Estate, they acquired a loan and executed the said certificate of title as a security.
They secured a loan of Sh 11.25 million with Sidian Bank by falsely pretending that they were authorized to apply for the loan and give the said title as security which was a false fact.
They were also charged with the offense of obtaining execution of a security by pretenses.
At the indicated dates and time jointly with others who were not before court with intent to defraud they obtained the certificate of title LR No. 209/17198 Muimara the matrimonial property of the couple Diana and Inyanza by purporting that they were legally authorized to use the title as security to acquire which was a false fact.
The trio faced another charge of making false documents contrary to section 347 as read with section 349 of the penal code.
They were jointly charged with making a spousal consent form in the name of Diana Waithira Ndung’u dated January 19, 2018, purporting it to be a genuine consent document signed by the said Diana Waithira Ndung’u which was a false fact.
Separately, Ndegwa was further charged with knowingly and fraudulently uttering the same document at Sidian Bank Kilimani branch to secure a loan on behalf of Thai Group Kenya Limited by using matrimonial property LR No. 209/17198 (original No. 209/11241/159) purporting it to have been signed by Diana Waithira Ndung’u.
After the charges, Ndegwa who is the CEO of Thai Group Kenya Limited wrote and filed a sworn indemnifying affidavit indicating that he would provide and cater a rental house for the couple since their house was auctioned.
After their release on bond, Diana told the court that Ndegwa did not honor his promise of paying the rent as assured which led to her eviction for failure to pay a house rent.
She pleaded for the court’s indulgence for the suffering and the emotional torture she is going through together with her daughter, 19 who is a Form Four candidate and not in school for lack of school fees.
The hearing will resume on July 10, 2024.
