The Office of the Director of Public Prosecutions (ODPP)
At the Makadara Law Courts in Nairobi, Pascaline Peter alias Passy Ma Trevor and George Mutual Mutunga alias Imran were charged with obtaining Ksh. 80 million from the public while falsely pretending the said money would earn a monthly return on interest of 23.5%.
Prosecuting Counsel Ms. Kaaria Joy Kawira told court the accused persons obtained over 80 million shillings from 79 complainants while pretending the amount would earn a monthly return on interest on the amount invested, a fact they knew to be false.
The accused persons obtained the money on diverse dates between 3rd March 2023 and 30th August 2024 at unknown place within the Republic of Kenya.
They were also charged with carrying out business as a collective investment scheme without a valid license issued by the Capital Markets Authority or Central Bank of Kenya and conspiracy to defraud contrary to section 317 of the penal code.
Court heard that on diverse dates between 3rd March 2023 and 30th August of the following year, the accused persons represented as genuine sole proprietors of Passy Ma Trevor investment scheme carried out a business as a collective investment scheme without a valid license.
They pleaded not guilty to the charges before Makadara Court Principal Magistrate Erick Mutunga.
Prosecution opposed their release on bond pending the hearing and determination of the case.
In an affidavit to oppose bond, investigating officer Justin Mutwiri said the accused persons went into hiding when the complainants demanded for their return on investment and later switched off their mobile phones whereby it took intensive use of intelligence tactics from different agencies to smoke them from their hide outs deep inside Machakos County.
The investigating officer further told court the suspects are likely to interfere with major witnesses, don’t have a fixed abode, and are a flight risk.
The victims’ lawyer also asked the court not to release the suspects on bond.
Court will on 13th November 2024, rule on whether to release accused persons on bond
Mr. Alloys Kemo is the Deputy Director in the Department of Prosecution Training Institute (PTI). Mr. Kemo is an Advocate of the High Court of Kenya and was admitted to the bar on 1995. He holds a Master’s of Science in Leadership & Governance from Jomo Kenyatta University of Agriculture and Technology (JKUAT) , LLB Degree from Nagpur University, and a postgraduate diploma in Law from the Kenya School of Law.
Mr. Kemo has previously served as a Regional Head, Coast Region between 2019 to 2021 before heading to Rift Valley as a Regional head. He has also served as a deputy head in the Department of offences against the person and Head of the Penal Code Offences Division between 2013 to 2018 at the Office of the Direction of Public Prosecutions.
He has also been a member of several committees that developed key prosecution policies and guidelines such as; the ODPP Act of 2012, National Prosecution guidelines, the Diversion policy, Diversion guidelines, the Plea bargain guidelines and The Decision to Charge guidelines amongst others. He also attended several prosecution courses in various thematic areas and in management and in Leadership.
Mr. Kemo has vast experience electoral Justice and lead the ODPP Election Offences Prosecution Team in the 2017 National General Elections and also the ODPP Election Preparedness Committee in the 2022 National General Elections. He is a trainer and has facilitated external trainings and also internal training for ODPP staff.