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Former Garsen MP Danson Mungatana and a businessman were yesterday charged with obtaining a total of Sh930,000 from two women through false pretences.

The charge sheet stated that the former MP and the businessman pretended that they could assist the complainants to win a tender of supplying foodstuff and construction materials to the Department of Defence (DoD).  

 Mungatana and businessman Collins Paul Waweru who are also facing eight other charges of forgery pleaded not guilty to the fraud charges after Kibera Chief Magistrate Abdul Lorot dismissed their earlier application to have the matter settled out of court.

In his ruling, the magistrate said that the accused’s application for an out of court settlement lacked merit, adding that the state which is also the complainant in the case is not aware of the withdrawal of the case against the two.

He said that the court agreed with the prosecution’s objection to having the matter withdrawn to enable Mungatana and Waweru to negotiate with the two complainants namely Ann Wairimu Thumi and Cynthia Muthoni Kamau. 

Out of Court

The two accused persons who are represented by George Kithi had on Tuesday asked the court to allow them to settle the matter out of court, saying that they have already reached a consensus. 

Both the complainants and the accused persons had told the court that they reached an agreement to settle the matter out of court. The magistrate extended their cash bail of Sh200,000 each until September 10 when the case will be mentioned for further directions.

According to the prosecution, Mungatana and Waweru conspired to obtain Sh930,000 from Thumi by falsely pretending  that they were in a position to assist her win a tender of supplying foodstuff and construction materials to the DoD, a fact they knew was false.

They are also accused of conspiring to obtain from Kamau of another Sh930,000 by falsifying local purchase orders and a document namely a letter of acknowledgement for expression of interest for supply of dry foodstuff in favour of Beni Trading Company Limited.

The two have also been charged with two counts of forgery including as the charge sheet says that they allegedly forged a letter of acknowledgement for expression of interest for supply of dry foodstuff in favor of Beni Trading Company Ltd dated 22/07/2020 signed by CK Mundui a fact they knew was false.

According to the charge sheet, the two are said to have forged a local purchase order No.2199948 in favor of Beni Trading Company purporting to be signed by ministerial tender committee ministry of defence and also forged another local purchase no 2198944 in favour of Beni Trading Company Ltd dated 28/07/2020 purported to be signed by chair ministerial tender committee ministry of defence.

The two are also facing another count of forgery by forging a letter of acknowledgement for expression of interest for building works dated 03/08/2020 in favour of Derrow construction company limited purported to have been signed by CK.Mundui.

 Waweru alia White was charged with uttering the false documents to the two complainant’s contrary to the penal code.

Apart from forgery, the two were charged with five counts of making documents without lawfully authority contrary to the penal code.

Obtaining money

Mungatana and Waweru were on August 11 arrested over the alleged involvement in fraud at a city hotel for what police termed as obtaining money by false pretences.

According to the police, the former legislator had been implicated in a scheme to defraud a woman under the guise of facilitating her being awarded a tender.

It is said that the woman reported to the Military Police at the Department of Defence with tender documents that turned out to be fake.

Initial police reports indicated that the woman claimed a person who had identified himself as a senior military officer at the DoD had given her the documents and said he was in a position to help her win a Sh70 million cereals supply and building tender.

The said person requested he be given a down payment of Sh1 million which was handed to him in July 14.

Police said that the woman was instructed to meet, at a city hotel today, the person who was pushing for the award of the tender.