Kenya Insights

Tag: David Waweru Kamotho

  • Businessman David Waweru Charged With Sh10 Million Fraud

    Businessman David Waweru Charged With Sh10 Million Fraud

    Nairobi-based oil dealer David Waweru Kamotho was on Monday released on a personal bond of Sh 1 million after he pleaded not guilty to a charge of obtaining Sh 10 million through fraud.

    The ruling was delivered by Magistrate Lucas Onyina following a hearing where the accused denied a charge of cheating contrary to Section 315 of the Penal Code.

    The court was told that on March 15, 2023, at Westlands in Nairobi County, Waweru allegedly induced Kipngeno Obed Kigen to pay him $70,200, an amount stated to be equivalent to ten million Kenyan shillings, by means of a fraudulent trick.

    After the court declined an application by the accused to defer his plea, Waweru formally entered a plea of not guilty. His defense team subsequently applied for his release on bond, arguing that he was an established businessman with deep roots in the community and a known address in Nairobi.

    The lawyers presented him as a person who was not a flight risk, noting his previous cooperation with the judicial process. The court’s decision to grant release on a personal bond, as opposed to a cash bail, signifies a finding that the accused is a suitable candidate for this form of release based on his personal undertaking to appear for his trial.

    A personal bond does not require an immediate cash deposit but holds the accused liable for the bond amount should he fail to attend court proceedings.

    The case against Waweru is set to proceed through the legal system, with the prosecution expected to lay out its evidence in subsequent hearings.

    The matter will now move towards pre-trial conferences where timelines for the presentation of evidence and witnesses will be established.

  • Two Nairobi Businessmen Charged With Fraud and Forgery

    Two Nairobi Businessmen Charged With Fraud and Forgery

    Two businessmen have been charged before the Milimani Chief Magistrate’s Court in separate cases involving allegations of fraud and forgery amounting to millions of shillings.

    In the first case, David Waweru Kamotho, a Nairobi-based businessman, was charged with allegedly obtaining money by false pretences contrary to Section 315 of the Penal Code.

    He is accused of allegedly obtaining USD 70,200 (about Sh9.2 million) from Kipngeno Obed Kigen on March 15, 2023, in Westlands, Nairobi County.

    According to the charge sheet, Kamotho allegedly induced the complainant to pay the money under false representation.

    He appeared before Chief Magistrate Lucas Onyina and pleaded not guilty. Through his lawyer, Kamotho requested reasonable bail terms, saying he was not a flight risk and had complied with all police summons for nearly a year.

    The defence told the court that the case stemmed from a business consignment related to a “martial contract” which was later stolen, adding that the accused had cooperated fully with investigators.

    “The matter arises from a business consignment related to a martial contract that was later stolen,” the lawyer said, urging the court to grant lenient bail terms.

    The prosecution did not oppose bail, noting that the matter was still under review by the Office of the Director of Public Prosecutions (ODPP).

    The court released Kamotho on a personal bond of Sh1 million pending the hearing of the case, which will be mentioned on November 6, 2025.

    In a separate case, Hillary Kinyata Ogola was charged with five counts, including alleged forgery and uttering false documents,  involving fake pro forma invoices and payment receipts purportedly issued by Nairobi Serena Hotel.

    He is accused of supposedly obtaining USD 9,830 (about Sh1.27 million) between February and March 2025, by falsely claiming he could book accommodation for clients.

    Ogola pleaded not guilty to all charges. His lawyer told the court that he was arrested on October 2 and detained at Central Police Station, where attempts by his family to secure his release on cash bail were unsuccessful.

    The defence further argued that Ogola was held for four days before being presented in court, contrary to the constitutional requirement to be arraigned within 24 hours.

    “He was held for four days without being presented in court. That is unlawful pretrial detention,” the lawyer said.

    Counsel asked the court to grant lenient bail terms, describing Ogola as a family man and law-abiding citizen residing in Kinoo, Kiambu County.

    “There are no compelling reasons to deny him bail. We urge the court to grant reasonable and affordable terms,” the lawyer added, also requesting access to witness statements and exhibits for trial preparation.

    The prosecution did not oppose the application and requested that the case be listed for pretrial within 14 days.

    The court ordered Ogola’s release on a bond of Sh500,000 with one surety, or an alternative cash bail of Sh200,000, and scheduled the mention for October 22, 2025.

    Both cases will proceed to pretrial for further directions.