A woman who claimed to be the personal doctor of Kenya’s opposition leader Raila Odinga has been charged with a Ksh25 million scandal entailing a fake KEMSA tender.
Faith Mwikali Ndiwa, who appeared before Milimani Chief Magistrate Susan Shitubi on Monday, May 27, 2024, denied eight charges of forgery and obtaining Ksh25 million from a Nigerian national, Jude Olabayo Veracruz, by pretending that she had won a tender from KEMSA for the supply of insecticidal nets.
The Office of the Director of Public Prosecution (ODPP) informed the court that Mwikali used her two companies, Ashley Dylan Limited and Faizel Limited, to secure tender number IFT NO GF ATM MAL NFM-19/20-OIT-004 to supply KEMSA with Long Lasting Insecticidal Nets (LLINs), which she used to deceive the foreigner into investing in the said tender.
The court heard that Mwikali allegedly used her two companies to deceive Veracruz, convincing him that he would earn a profit after paying the Ksh25 million to complete his part of the bargain.
She is accused of obtaining the said money on various dates between June and December 2022 in Nairobi County.
Mwikali also faced several other counts of making false documents. On March 7, 2022, at an unknown place within the country, with the intent to defraud, she allegedly forged a framework contract number IFT NO GF ATM MAL NFM-19/20-OIT-004 between KEMSA and Ashley Dylan Limited for the supply of Long Lasting Insecticidal Nets, purporting it to be a genuine agreement issued by the medical supplies authority.
KEMSA contract
She was further charged with presenting the said contract between her company and KEMSA to the foreign investor Veracruz, purporting it to be a genuine agreement for the supply of insecticidal nets.
The businesswoman also denied another charge of forging an amendment to the agreement of the framework contract between her company and KEMSA.
In June 2022, she was accused of fraudulently presenting the said amendment agreement to Veracruz, pretending it to be a genuine agreement.
After denying the eight counts of forgery, uttering false documents, and obtaining money through pretences, the prosecution opposed the release of Mwikali on bond, saying the police needed to file an affidavit articulating reasons to deny the accused bond.
Mwikali’s defence lawyers applied to have the accused freed on bond, arguing that it was her constitutional right and that she was not a flight risk.
“Your honour, I plead with this court to release the accused on bond since it is her right,” the lawyer prayed.
State prosecutor Naomi Wanjiru opposed the application by the defence to free the accused on bond, stating that some issues need to be presented before the court through an affidavit by the investigating officer, Eunice Njue.
“Your honour, I oppose the release of the accused on a bond to give the investigating officer time to file an affidavit opposing the same,” Naomi said.
In her ruling, the magistrate allowed the plea by the prosecution to detain the accused until Tuesday, May 28, 2024, to allow the investigating officer to file a formal affidavit opposing her release on bond.
“I have considered the prayers by the prosecution to hold the accused for the investigating officer to have time to file an affidavit before the court,” the magistrate ruled.
Shitubi directed that the accused person be detained in Langata Prison until Tuesday morning when she will be presented in court for a bail hearing.
