Josephine Kabura's lawyer embroiled in Sh25m land fraud case

NAIROBI: The lawyer who commissioned Josephine Kabura’s affidavit on National Youth Service (NYS) scandal is at the centre of a Sh25 million fraud case. Daniel Bosire Kirera is facing a criminal charge in a Kiambu court for allegedly defrauding Martin Gathecha, a relative of President Uhuru Kenyatta, under pretence that he could sell a parcel of land located in Runda, Nairobi.

The charge sheet against Bosire contained in CID file number 121/16/2014 reads in part: “Kirera Daniel Bosire. On diverse dates between September 2, 2013, and October 18, 2013 at city centre in Nairobi within Nairobi County jointly with others not before court with intent to defraud obtained from Martin Gathecha a sum of Sh25,000,000 (twenty five million shillings only) by falsely pretending that you were in a position to sell him a plot LR No. 14970/89,IR 52716 at Evergreen Runda, a fact you knew to be false.”

The Directorate of Criminal Investigations (DCI) has written to the Law Society of Kenya (LSK) about the fraud case, requesting details about the lawyer. LSK is yet to responded to this request.

DCI’s letter signed by John Kariuki, reads: “This office is investigating a case of obtaining money by false pretence contrary to section 313 of the penal code in which the above law firm (Ongegu and Associates) was involved. As a matter of urgency, please give us the following. 1, details of the proprietors if they are registered under you. 2, if Daniel Kirera Bosire works under this firm as an advocate.”

The land at the centre of the case belongs to former Mathira MP Ephraim Maina. In his statement, Mr Maina said: “In 2013, I learnt from my manager there were some people seen trespassing on my property and I advised him to report to CID on my behalf... I received a call from Serious Crime Unit who asked me whether I had sold my property mentioned above. I learnt from CID that somebody had impersonated me and conned an unsuspecting buyer.”

Maina said he was shown documents used in the alleged fraudulent transaction, which contained his details, but were a forgery.

SELLING AGENT

Through his lawyer FW Njoroge and Co Advocates, Gathecha narrated how he made payment to Bosire’s firm. “Before the agreement for sale could be executed I was called by a gentleman called Gatabaki who introduced himself as the selling agent and he notified me that the vendor had changed advocates as AS Kuloba was slow and the new advocate Ongegu and Co advocates,” he says in the statement.

Gathecha confirms that Sh25 million was paid to Ongegu and Co Advocates before the documents for the land were discovered to be a forgery. “On September 2, 2013, I sent Sh10 million to Mr Ongegu and advocates account. The second payment to the same account was made on October 18th, 2013 of Sh15 million. My lawyer had instructed Bosire not to pay any money to the client until the transfer was done.”

However, although Bosire in his statement confirms the transaction,  he has denied the payment was made to him. Instead, he said the money was deposited in his client’s account.

His statement reads in part: “Mr Gatabaki came to my office in the company of two gentlemen and I understand one to be the vendor, Mr Ephraim Mwangi Maina...I do recall well that it was on August 21, 2013 that Mr Gatabaki together with Mr Ephraim Mwangi Maina came to the office and the other elderly gentleman and left the title and instruction letter was formally signed...I do confirm that the purchaser did deposit into my client’s account the total purchase price of Sh25 million.”

The case is set for hearing on May 26.