By Gabriel SombaThe vehicles belonging to late Peter Mungai Kirera who died in 2021 were transferred to Klenox General Merchants between January 20 and 24, 2023 without the knowledge of the businessman’s family.
Details from the ongoing investigations indicate that the deceased businessman initiated a transfer of one of the five vehicles almost two years after his death.
And police are investigating offences of obtaining registration by false pretenses in contravention of section 320 of the Penal Code CAP 63 laws of Kenya and intermeddling with the property of the deceased contrary to section 45 (1) (2) laws of succession Act CAP 60 laws of Kenya.
Kayole police station has obtained orders requiring the NTSA together with the Director of Procurement at (NCG) to share information about the registered owners of the vehicles in question and the TIMs accounts used in generating Logbooks for the vehicles as captured on NTSA portal.
In documents filed at the Makadara law courts, Police constable Charity Kagwiria of Kayole police station states that the matter was reported at the station by Kirera’s widow Julliah M’rutere on January 17, 2025 vide Occurrence Book (OB) number 30/17/1/2025.
She shared telephone contacts used in setting up the Transport Integrated Management Systems (TIMS) accounts that were later used to generate the Logbooks for the said vehicles.
“The complainant informed me that motor vehicle Registration number KAQ 416D belonged to her later husband who passed on in the year 2021 but could be indicated as having consented to the transfer or the initiator of the transfer. Preliminary investigations have indicated that some (four) telephone numbers might have been used without the owners’ consent,” states PC (W) Kagwiria.
PC (W) Kangwiria was seeking orders compelling NCG and the National Transport and Safety Authority (NTSA) to provide information regarding the alleged fraudulent change of registration.
The details of the TIMS accounts holders are among the information being sought by Kagwiria.
She says there is a need to audit the TIMS accounts with regard to establishing and authenticating the identity of the owners and the history of the effected transfers of the vehicles in question between January 20 and 24, 2023.
M’rutere, according to PC (W) Kagwiria, suspects that the current users of the TIMS are behind the fraudulent transfer of the vehicles and the same individuals have been impersonating her hence necessitating thorough investigations to identify them through information held by NTSA.
“The information held by the respondents here in (NTSA and the director of procurement at the NCG) who are the custodians of the information sought; will assist in identifying the person (s) involved in the crime, as well as form part of the exhibits in the matter, with the ultimate view to conclusively complete investigations in the matter,” states PC (W) Kangwiria.
“The applicant (Kayole police station) appeals to the (NTSA and NCG) not to issue any notifications to the users of the suspicious TIMS accounts or any notification messages – whether electronic or otherwise, as it is prohibited under Kenyan laws as provided in Chapter 4, Article 24 (I) (d) of the Kenyan constitution on the limitation of rights and fundamental freedoms and that if users notifications is allowed, there is a high likelihood of the alleged perpetrators evading arrest.”
The cop said M’rutere had shared telephone contact tied to the TIMS account at the NTSA used in the alleged fraudulent transfer of the motor vehicles to the company. This is among the people and their activities that the cop is seeking details on.
PC (W) Kagwiria told the court that she is mandated by the National Police Service (NPS) Act to request, obtain, access and collect information for purposes of evidence gathering for criminal prosecutions where the following transactions are believed to have been fraudulently initiated in the transfer of the (listed motor vehicles) subject to the ongoing investigations.
She invoked the Mutual Legal Assistance Act in urging the court to make the orders that were granted by Chief Magistrate Paul Rotich.
