A Milimani Court is set to issue directions on the hearing of a Ksh106 million fraud case involving businessman-cum-politician Jonathan Ngenga Ndisya and his co-accused, Peter Kamau.

When the matter came up before Senior Principal Magistrate Theresa Nyangena on Monday, July 6, 2026, the court stated that directions on the continuity of the hearing will be issued in two weeks.

Magistrate hearing the case transferred

The new directions come after Chief Magistrate Lucas Onyina, who has been hearing the matter, was transferred to Mombasa; thus, the matter will be taken up by the incoming chief magistrate.

During the last hearing session on June 15, 2026, the court heard that there were three more witnesses remaining before the completion of the proceedings.

The prosecution informed the court that the investigative officer was requesting a summons to be issued to the three for them to avail themselves and tender their testimony.

“Your honour, the current investigative officer is asking the court to issue summons for three remaining witnesses,” the prosecutor submitted to the court.

“Your honour, the three are the initial investigative officer who is currently based in Mombasa and two bank officials,” he added.

 Request for files to be moved to Mombasa

Notably, the defence team requested that the criminal file be moved to Chief Magistrate Lucas Onyina’s new station, Mombasa, for him to hear the remaining three witnesses and determine the case.

The defence lawyers told the court that moving the file to a different court will derail the conclusion of the suit that has been pending in court since 2020.

“Your honour, it will be in the interest of justice that we proceed before you, and we will be willing even to follow you to your new station, your honour, if it is Mombasa, where the IO is. That will make it even easier for him and the other witness; if they don’t come, they can give their evidence virtually,” the defence submitted to court.

“Your honour, we have been in this court since 2020; a child born then is now in PP2 heading to class one. Sending the file to another court will only delay justice,” the counsel added. 

However, Magistrate Onyina declined the request and directed that the matter proceed before the new chief magistrate.

Mwingi West aspirant ordered to pay businesswoman

Meanwhile, the popular Mwingi West political aspirant was ordered to pay a businesswoman and her husband Ksh1 million for monies advanced to him in connection with a supply tender. 

In the just-concluded suit, the court documents reveal that businesswoman Jeniffer Nyambura and her husband Nicholas Nyaga filed a refund claim of Ksh1.1 million for monies that they gave Ngenga as advance payment for the food, furniture, and equipment supply tender to the deputy president’s office.

A judgement delivered on June 5, 2026, by Milimani Small Claims Court Senior Resident Magistrate Sarah Oriwo noted that the parties contemplated repayment upon receipt of payment from the client (office of the deputy president).

However, the court has noted that Ngenga, despite him stating that the repayment was conditional upon payment being received from the DP’s office, bears the burden of proving the facts upon which that defence rests.

In the detailed judgement the court also revealed that it cannot rely on the popular politician-cum-businessman defence, terming it as bare assertions unsupported by documentary evidence, thus concluding that he failed to establish the factual basis of his conditional repayment.