The Director of Public Prosecutions (DPP) in Kenya has urged the Milimani Law Courts to reject an application by three accused persons seeking to have their Sh700,000 cash bail terms reduced. The accused, Jane Wangechi Kabiu alias Jane Kabiu Gitau, Eric Mwaura Karugu, and Benjamin Githara Karugu, are facing criminal charges over the alleged fraudulent transfer of their sister Victoria Nyambura Karugu's shareholding.
The three, who are the company secretary and two sons of former Attorney-General James Boro Karugu, have asked the court to review the bail terms imposed on December 9, 2025. They argue 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.
The DPP has rejected the argument that the nominal value of the share should 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 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.
The prosecution also cited 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. The first and second accused allegedly sought to have Irungu reinstated at the company through purported board resolutions revoking her termination.
The DPP 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. 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 prosecution further alleged that Benjamin Karugu was involved in an incident at the complainant's family home at Kiamara Estate on March 2, 2026. 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 DPP has consequently asked the court to dismiss the application and maintain the existing Sh700,000 cash bail imposed on each accused person. 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.
Key points
- The DPP has opposed a review of Sh700,000 cash bail for three accused persons.
- The accused are facing charges of conspiracy to defraud and forgery.
- The prosecution cited alleged witness interference and threats against the complainant.
