A businesswoman, Faith Mwikali Ndiwa, has been charged for allegedly using the name of a Kenya opposition leader, Raila Odinga to defraud a Nigerian investor of Ksh 25 million.
Ndiwa appeared before Milimani Chief Magistrate Susan Shitubi on Monday, May 27, 2024.
The Office of the Director of Public Prosecution (ODPP) told the court that Mwikali, using her companies Ashley Dylan Limited and Faizel Limited, deceived the Nigerian national, Jude Olabayo Veracruz, a bank CEO, into investing Ksh25 million in a purported tender to supply Long Lasting Insecticidal Nets (LLINs) to KEMSA.
Mwikali allegedly forged a framework contract and an amendment to the agreement to support her claims.
She allegedly deceived the Nigerian national that the contract for the supply of LLINs was for Mr. Odinga's son-in-law who had allegedly run out of money and wanted to be financed to complete the contract.
The accused allegedly deceived the Nigerian that he would earn a profit after paying the Sh25 million to complete part of his bargain.
Between June and December 2022, she is accused of fraudulently obtaining the money from Olabayo in Nairobi County.
She is facing another charge of altering the said contract between her company and Kemsa purporting it to be a genuine agreement for the supply of Insecticidal Nets.
The accused denied all eight counts of forgery, falsifying contract documents and obtaining money.
The prosecution opposed her release on bond, requesting time for the police to file an affidavit detailing reasons for denying bail.
Mwikali's defence argued for her release, citing her constitutional right and claiming she was not a flight risk.
Magistrate Shitubi ruled in favour of the prosecution, detaining Mwikali in Lang'ata Prison until Tuesday, May 28, 2024, for a bail hearing.
According to the Directorate of Criminal Investigations (DCI), Faith Mwikali Ndiwa's arrest stemmed from an incident in May 2022 when she walked into the Guarantee Trust Bank and requested to speak with the CEO, who is the Nigerian investor.
The CEO said the suspect claimed to have some Ksh.70million in her account, for which she needed financial advice.
"The complainant offered financial advice and advised her to make her own decision, the court papers read.
The suspect would return days later with a different request for money, claiming that she needed it to pay off her mother's medical bills.
When the complainant was asked about the Ksh.70 million she claimed to have in her account, she stated that she had purchased a house in Karen.
"The complainant was convinced and advised her to visit the bank where she was granted a loan of eight million Kenya Shillings," the court papers read.
A month later, she called the complainant again, this time claiming to be representing Odinga's son-in-law, who she claimed had recently won a Ksh.19 million tender to supply Long Lasting Insecticidal Nets (LLINs) to the Kenya Medical Supplies Authority (KEMSA).
It has also come to light that the suspect was involved in a similar case in which she presented herself before the DCI Nairobi area with a job card indicating that she worked as a physician for the Kenyan First Lady.
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