The first specialised SGBV court was launched at Shanzu Law Courts in Mombasa.
If you thought you had seen it all, just wait — you have not seen the worst yet.
On Thursday, February 13, detectives in Mombasa were drawn to an unusual ceremony taking place at the prestigious Sarova Whitesands Hotel along the Mombasa-Malindi Highway.
This renowned facility, known for its top-tier accommodation and conference amenities, had guests who were hosting what appeared to be a formal event. However, what caught the attention of law enforcement officers was not the elegance of the gathering but rather the nature of the ceremony.
For three days, a training session had been underway at the hotel.
But as the detectives would soon uncover, this was no ordinary workshop — it was a fraudulent conferment of master’s and doctorate degrees. Attendees were being awarded postgraduate degrees after just three days of training.
Among the sham degrees conferred were three Master’s in Business Administration (Leadership and Management) and two PhDs in Leadership (Hon. Causa).
The brazen nature of the scheme left even seasoned investigators astonished.
Acting swiftly, officers from Bamburi Police Station raided the hotel, arresting four individuals, including two foreign nationals. The suspects were identified as Dayis Lawrence Bennett (an American citizen), Farah Akbar (a Pakistani national), Ekra Wambui Ndung'u, and Josephine Ndune.
Criminal offences
The four were arraigned before Shanzu Court and charged with five criminal offences, including offering degrees without accreditation of foreign universities, contrary to Section 28(2) and (3), as read with Section 28(5) of the Universities Act.
Section 28(5) of the Act states that any person who attempts to confer a degree through an unaccredited university commits an offence and shall be liable upon conviction.
The law mandates that foreign universities seeking to operate in Kenya must obtain accreditation from the Commission for University Education (CUE).
They may collaborate with local institutions to offer programmes, but only with prior approval from the Commission.
Furthermore, the CUE is required to publish a list of accredited foreign universities authorised to operate in Kenya.
According to the charge sheet, the four suspects, along with others not before the court, acted as agents of a foreign institution to unlawfully confer a Doctor of Philosophy (PhD) in Leadership (Honoris Causa) to Purity Kimotho Wakuhu and Issack Alio Hassan without accreditation from the CUE.
In additional charges, they were accused of unlawfully awarding an Executive Master of Business Administration in Leadership and Management (Honoris Causa) to Evely Mila, Sepiso E.L. Nalumango, and Ahmed Noor Hassan without the required accreditation. The court was informed that these offences took place at the Sarova Whitesands Hotel in Bamburi.
However, the suspects denied all the charges when they appeared before Shanzu Principal Magistrate Leah Juma. Bennett and Akbar pleaded for bail, stating they were unwell and required continuous medical attention.
Through their lawyer, they also assured the court that they were not a flight risk and would comply with court proceedings by attending court regularly when required.
“It has not been demonstrated that the suspects are a flight risk. They do not reside in Kenya but work in Dubai. I urge the court to grant bail under reasonable conditions to ensure they attend all hearings,” their lawyer argued.
Ms Ndung’u told the court that she was merely an agent and a service provider who was inadvertently caught in the raid.
Ms Ndune, on her part, claimed she was attending the function as a young entrepreneur and was wrongly arrested alongside the other suspects.
“I was simply mentoring young people. I am a proud Kenyan, and I have never committed any offence. Many young people look up to me,” she told the court.
The prosecution did not oppose their request for bail but urged the court to impose strict bond conditions and require the foreigners to surrender their passports.
In her ruling, Magistrate Juma noted that no information had been presented regarding the permanent residence of the suspects in Kenya or their close contacts.
“I, therefore, agree with the prosecution that at this stage, their passports should be deposited in court pending further direction from the trial court. Be that as it may, bail and bond are constitutional rights, and since the prosecution has not objected, the accused shall be granted bail,” the magistrate ruled.
Each accused person was granted a bond of Sh400,000 with a Kenyan surety of the same amount.
Alternatively, they could pay a cash bail of Sh300,000.
The magistrate further directed that any cash bail depositor or surety must present a letter from their area chief confirming that they personally know the accused persons.
“The cash bail depositor or surety shall be examined under oath by the prosecution. Bennett and Akbar must deposit their passports in court pending further directions,” ruled Magistrate Juma.
She also directed the prosecution to supply the defense with all pre-trial documents without fail.
The case will be mentioned on February 18.
