DPP accuses Karugu brothers of threatening complainant, skipping court mention

Jane Wangechi Kabiu alias Jane Kabiu Gitau, Eric Mwaura Karugu and Benjamin Githara Karugu, the company secretary and two sons of former Attorney-General James Boro Karugu, are facing criminal charges over the alleged fraudulent transfer of their sister Victoria Nyambura Karugu's shareholding.

The three have asked the court to review the bail terms imposed on December 9, 2025, arguing that the amount is excessive and disproportionate to the subject of the criminal case.

They are jointly charged with conspiracy to defraud over the alleged transfer of one ordinary share from Mathara Holdings Limited to Centurion Holdings Limited.

Kabiu faces additional charges of forgery and uttering a false document, while Eric and Benjamin Karugu are separately accused of giving false information to a person employed in the public service.

In submissions opposing the application, prosecution counsel Irene Magolo Tabu argued that the accused had failed to demonstrate any change in circumstances that would justify reviewing the bail terms.

The accused have argued that the case concerns a single ordinary share with a nominal value of Sh100, making the Sh700,000 cash bail excessive.

The DPP rejected that argument, saying the nominal value of the share should not determine either the seriousness of the alleged offences or the amount of bail.

According to the prosecution, the share represents an interest in Mathara Holdings Limited, which it says owns a coffee estate and other high-value assets.

The DPP further argued that the case involves allegations of conspiracy, forgery and the use of a purportedly false document to alter corporate ownership records.

It told the court that bail is intended primarily to secure an accused person's attendance at trial and is not meant to serve as a monetary equivalent of the property allegedly involved in a criminal case.

The prosecution also cited what it says are developments that occurred after the accused persons were released on bail. The DPP claims that Brenda Wanjiru Irungu, a former employee of Mathara Holdings Limited who was linked to investigations into alleged forgery of a will and trust documents, was subjected to interference.

According to the prosecution, the first and second accused allegedly sought to have Irungu reinstated at the company through purported board resolutions revoking her termination.

The DPP argues that the allegations raise concerns over possible interference with prosecution witnesses and should be considered when determining whether the bail terms should be reduced.

The prosecution also referred the court to a complaint lodged by the complainant concerning the conduct of the OCS of Kanunga Police Station, John Marubu.

The DPP said the complaint was investigated by the Internal Affairs Unit of the National Police Service. According to the prosecution, the unit, in a letter dated July 16, 2026, confirmed that the Inspector General of Police had agreed with recommendations for disciplinary action against the officer.

The DPP argued that this demonstrated the seriousness of the complainant's concerns regarding alleged interference with the investigation.

The prosecution further alleged that Benjamin Karugu was involved in an incident at the complainant's family home at Kiamara Estate on March 2, 2026.

According to the DPP, Karugu allegedly followed the complainant to the home and, on three occasions, attempted to seize a firearm from her security officer. The matter was reportedly recorded at Gigiri Police Station under OB No. 31/02/03/2026. The prosecution says the alleged incident raised concerns over the complainant's safety and should be taken into account in considering the application for more lenient bail terms.

The DPP also accused all three of failing to attend a court mention on August 10, 2026, without obtaining leave of the court.

The prosecution argues that attendance is a key consideration in bail and bond matters and that the alleged non-attendance undermines the accused persons' claim that they have complied with their bail obligations.

The DPP has consequently asked the court to dismiss the application and maintain the existing Sh700,000 cash bail imposed on each accused person. It has further asked the court to impose additional conditions aimed at protecting the complainant and preventing possible interference with witnesses, and to consider a mental and psychiatric assessment of Benjamin Karugu.

The court is expected to determine whether the three accused persons have demonstrated sufficient grounds for a review of their bail terms on October 21.