The High Court has released a stay order for the hearing of the matter where a businessman Brian Reeves Obare is charged with obtaining Sh 7.9 million in Canadian visa fraud.
Justice Lawrence Mugambi gave orders of stay in the proceedings of the matter in the Magistrate’s court until the application is heard and determined.
The matter which is filed under a certificate of urgency by lawyer James Mochere Ondieki representing Obare states that the right of his client was infringed by the Director of Criminal Investigations under the instructions of Nancy Najira Odhungo who is the complainant in the matter.
Mochere presented before Justice Mugambi that the complainant in the criminal case No. MCCR/E 1114/2024 before the Milimani Magistrate court is imaginary of doubtful credentials and a master of identity theft who is an imposter.
The lawyer pleaded with the court to give orders to the complainant herein to produce the real Nancy Nanjira Odhungo together with the current imposter in the same name and also goes by the names Lydia Inyangala Keya, Lydia Maureen Inyangala and Nancy Osborne Nanjira for the real complainant in the matter to be determined.
The lawyer argued that the matter pending before the magistrates’ court at Milimani court has been brought against the applicant “by an imposter and a serial fraudster in connivance with the Investigating officers to deprive off his property through intimidation, embarrassment and threats to his freedom and life.”
According to the application filed in court, the said complainant has stolen the identity of Nancy Nanjira Odhungo to hide from her real identity which is Lydia Inyangala Keya and has been defrauding Kenyans using the same tactics.
The said complainant is acting on behalf of Golden Key Travel Consultant Company which she is not the director nor shareholder.
The applicant alleges that the fake complainant has blinded and corrupted the Investigators who have not taken the time to hear a side of his story to verify the allegations of the complainant.
He is accusing investigators of trying to hack his illegally seized computers and mobile phones to access passwords in search of evidence to help the complainant prove charges before the court.
Obare who is a travel consultant operating his own company Elrezahly Consultancy Limited indicates that if the court allows the investigators to access his gadgets they will interfere with the data involving his clients and delete information touching on the imposter complainant who is the course of his business and has referred clients to him under the guise that she is the owner of Golden Key Travel Consultants Company.
He denies receiving any money from the clients of Golden Key Travel Consultant to offer them visa processing services and affirms that if there was any business with the company which is a fully-fledged travel company like his and therefore if there was any business between would have been between company to company.
In his supporting affidavit, Obare was arrested in his home at 2:00 am on the night of October 17, this year took possession of his computers, mobile phones and two vehicles without being informed why he was arrested.
He says he was locked in custody without being produced in court within 24 hours and his photos were posted on the DCI portal also on their Facebook page describing him being very dangerous to the public.
On October 22, 2024, he was produced in Kibra law court under a miscellaneous application No 979/2024 seeking further detention where he was accused of obtaining Sh 89,000,000 from Nancy Nanjira Odhungo who was trading as Golden Key Travel Consultant.
He was released on a cash bail of Sh 5 million.
In the application, he indicates that after his then-lawyer applied for a bond review, it was reduced to Sh 200,000.
On police learning that the cash bail was reduced, they sneaked him to Capitol Hill police station and produced him in Milimani law court and charged with obtaining Sh 7,948,650.
In his ruling, Justice Mugambi granted leave to the applicant and the matter is scheduled for mention on February 20, 2025.