
Harambee Ward Member of County Assembly has been charged with fraud over Sh 15 million land located in Umoja, Nairobi.
Anthony Kimemia Gathumbi is charged alongside Daniel Munyao Mbithi and Jane Nyambura Karia with conspiracy to defraud Esther Wanjiru Mwakuwa and Daniel Abednego of their Sh 9,460,000 by means of forged transfer of lease for land reference No. NAIROBI BLOCK 83/1308 measuring approximately 0.0225 Hectares situated at Umoja Inner Core Estate and valued at Sh 15,000,000, which they later sold to them, a fact they knew to be false.
The trio is alleged to have committed the offense on or before 16th December, 2020 at Central Land Registry in Nairobi with intent to defraud.
Mbithi is also charged with forging a transfer of lease in the name of Aviton Enterprises Limited dated 7th May, 2013 for the said block, purporting it to be a genuine transfer of lease signed by the Directors of Aviton Enterprises Limited, a fact he knew to be false.
It is alleged that mbithi committed the offense on 8th January 2023 at unknown place within the Republic of Kenya, with intent to defraud.
In addition, he is also alleged to have procured registration of the said land by false pretenses.
Mbithi is also facing three counts of obtaining Sh 7.5 million from Mwakuwa by falsely pretending that he was in a position to sell to him the said land.
He is alleged to have obtained the money on 11th August, 7th October 2020 and 12th March 2021 at Mungai Kalande & Company Advocates offices in Shankardass House and ABSA bank Buru Buru branch respectively.
The MCA and Jane Karia are also charged with obtaining registration of the said land in the name of Aviton Enterprises Limited.
According to the charge sheet, on 8th January, 2013 at Central Land Registry Nairobi, with intent to defraud the Mwakuwas of Sh 9,460,000, being the Directors of Aviton Enterprises Limited, jointly and willfully procured the registration of the said land in the name of Aviton Enterprises Limited, a fact they knew to be false.
The three denied the charges before Senior Principal Magistrate Ben-Mark Ekhubi.
Mbithi was granted a cash bail of Sh 2 million while Karia and MCA Kimemia were granted a cash bail of Sh 850,000.
The case will be mentioned on 26th February 2025.