Man loses law firm over Sh17.4 million land fraud charge

Lawyer Mike Oyoo Wagunda

Lawyer Mike Oyoo Wagunda at the Milimani Law Courts on July 9, 2021 over a Sh17.4 million fraud case.

Photo credit: Richard Munguti | Nation Media Group

What you need to know:

  • State prosecutor Abel Omariba presented to Mr Ndungi a letter duly signed by the LSK, confirming Mr Wagunda was no longer a practising advocate.

A lawyer struck from the roll of advocates three years ago has been charged with defrauding a couple of Sh17.4 million in a land deal.

As a consequence, Milimani senior principal magistrate David Ndungi Friday directed the Law Society of Kenya (LSK) to wind up the law firm of Mike Oyoo Wagunda to prevent loss of money by the public.

State prosecutor Abel Omariba presented to Mr Ndungi a letter duly signed by the LSK, confirming Mr Wagunda was no longer a practising advocate.

“Many unsuspecting clients will continue to give instructions to the accused then end up losing their litigations and cash,” the magistrate noted.

He directed LSK to speedily wind up the accused’s law firm, where he is the sole proprietor.

The fraud charge

Mr Wagunda, who was arrested on Thursday while leaving a Milimani court, denied four counts of forgery and obtaining money through pretences.

He is charged with defrauding Mr Benson Maingi Mutahi and Ms Hellen Wanjiku Maingi of Sh17,400,000 alleging he would sell them a parcel of land in Thome Estate, Nairobi County.

He allegedly received the money between May 19 and November 29 2017.

The alleged parcel of land measuring 0.1964 hectares and valued at Sh33 million was registered in the name of Ms Waithira Njoroge.

Mr Wagunda attempted to transfer and register it in the names of the two people on September 26, 2017.

The accused, whom Mr Omariba said was struck from the roll of advocates in February 2019, allegedly forged a transfer form purporting it had been signed by Ms Njoroge, the legal owner of the land.

Plea for release

Mr Wagunda applied for release on bond based on both his constitutional rights and medical grounds. He said he is diabetic and also suffers from an ailment he could not disclose in an open court.

“I pray you make an order for the accused to be remanded at Kileleshwa Police Station so that he can be escorted to his Agip House offices, from where he operates, to pick his medicine,” his lawyer Wangalwa Ounda told the court.

Mr Ounda also noted that the accused was arrested while leaving court on Thursday then detained at Muthaiga Police Station overnight.

“The accused came to court straight from the police station. He even has the file of the accused he was defending with him here,” he said.

The lawyer further said the accused was not even escorted to collect his medicine from his office.

“The accused is diabetic and also suffers from another ailment that I cannot disclose in open court. He needs to take medicine so that his health does not deteriorate.”

The lawyer further pledged to interact with the accused and ensure he follows all instructions by the court.

Release terms

Mr Omariba opposed the request for the accused to be remanded at Kileleshwa saying, “He should be treated preferentially as he has been charged.”

He also said the amount involved is colossal and should be commensurate with the offence in question.

Mr Ndungi freed the accused on a bond of Sh5 million with a surety of similar amount, with the alternative of a cash bail of Sh2 million and the provision of one contact person.

Mr Wagunda will be detained at Muthaiga police station until July 13, when the court will give further directions.

“He will be transferred to Industrial Area Prison (on July 13), where he will get further instructions on the case,” Mr Ndungi ordered.

The magistrate set July 13 as the pre-trial date.