The Milimani Law Courts on Friday adjourned the hearing of a Ksh106.8 million fraud case involving businessman Jonathan Ngenga Ndisya and his co-accused, accountant Peter Kamau, after the defence sought more time due to the absence of counsel.
Ngenga, a director of Joncil Enterprises, appeared before Chief Magistrate Lucas Onyina alongside Kamau. The matter had been scheduled for a hearing, but did not proceed after Ngenga informed the court that his advocate, Joe Mwangi, was unable to attend.
“Your Honour, my advocate has not been able to attend today’s court after he got an emergency from his upcountry and had to rush home to attend to it. It is my prayer we postpone the hearing to another date,” Ngenga told the court.
The prosecution did not oppose the request. Magistrate Onyina allowed the application and directed that the matter be mentioned virtually on March 2, 2026.
Alleged Ksh106.8 Million Scheme
The two accused persons face multiple charges linked to an alleged scheme to defraud Agro Irrigation and Pump Services Limited of Ksh106,822,690 between July 1, 2018 and March 31, 2020.
According to prosecutors, Ngenga and Kamau conspired to defraud the company contrary to Section 317 of the Penal Code. They allegedly pretended that Joncil Enterprises had deposited the funds into the firm’s bank account as payment for goods supplied.
Ngenga faces an additional count of obtaining money by false pretences contrary to Section 313 of the Penal Code. The charge sheet states that he misled Agro Irrigation and Pump Services Limited by claiming the funds had been credited to the company’s account between July 1, 2018 and March 12, 2020.
Additional Charges Against Accountant
Kamau, who previously worked as an accountant at Agro Irrigation and Pump Services Limited, faces further charges of stealing by agent. Prosecutors allege that between January 1, 2015 and December 31, 2019, he fraudulently transferred Ksh4,777,094 from the company to his personal account.
In a separate count, Kamau is accused of stealing Ksh3,500,000 from Desire Flora (K) Limited, where he also served as an accountant, by transferring the money to his personal account without authority.
He is also charged with fraudulent false accounting for allegedly preparing financial records indicating that Joncil Enterprises had paid Ksh106,822,690 to Agro Irrigation and Pump Services Limited.
Evidence and Next Steps
The prosecution is expected to rely on bank statements, transaction records, forensic audit reports, and testimony from company officials as well as financial experts to prove its case.
Both accused persons remain out on bail. The matter will be mentioned virtually on March 2, 2026, when further directions on the hearing are expected to be issued.
