Investigators oppose bail for man charged in connection to Ksh.16M online fraud

Court documents state that between March 19 and December 14, 2024, Mokua, together with others not yet before court, lured the complainant into investing in a fictitious business venture involving the leasing of motor vehicles to the United Nations. 

The scheme, carried out through emails, phone communications, and mobile money transactions, induced the complainant to transfer large sums of money electronically.

The accused faces charges of obtaining money by false pretences under Section 313 of the Penal Code, acquisition of proceeds of crime under Section 4(a) read with Section 16(1) of the Proceeds of Crime and Anti-Money Laundering Act, 2009, and conspiracy to defraud under Section 317 of the Penal Code.

The complaint was filed by Danstan Omari and Associates Advocates on behalf of Bwochora, who reported the alleged fraud to the Directorate of Criminal Investigations December 24, 2024. 

The lawyers detailed how the accused induced the complainant to part with the money under the false pretext of a legitimate UN-related business venture, and they have since been actively following up with investigators to ensure the case progresses.

Investigators from DCI’s Serious Crime Unit, stated in an affidavit that the accused used multiple online channels, including M-Pesa and bank transfers, to receive the funds. Part of the money has been traced to accounts linked to the accused, with further financial trails under investigation.

In the affidavit, CI Stephen Oduor opposed bail, citing the risk of absconding, the serious nature of the offences, and the possibility of tampering with electronic evidence. 

"The amount involved is substantial and carries serious penal consequences upon conviction, thereby creating a strong incentive for the accused to abscond court proceedings if released," court was told. 

He also highlighted those ongoing investigations aim to identify other accomplices and fully trace the flow of the fraudulent funds.

"The accused, having knowledge of the financial channels and accounts used, is in a position to interfere with documentary and electronic evidence if released," reads court documents. 

CI Oduor suggested that if the court were to consider bail, strict conditions should be imposed, including a substantial bond commensurate with the Ksh. 16 million involved, surrender of passports and travel documents, and close monitoring to prevent interference with the investigation.

The court is expected to revisit the case on April 7 to consider the pre-bail report and determine whether Mokua can be released on bond while the investigation continues.