US-based Peter Makori who claims he was duped into giving Sh7.5 million to Voi-based businessman.
A case in which a US-based Kenyan wants a court to order a refund of millions he gave to a businessman who is now evading him has lifted the lid on the tricks that some Kenyans in the diaspora are treated to by their counterparts in the country.
Mr Peter Makori, who is working in the US, claims he was duped into giving Sh7.5 million to Voi-based Lynn Munene Francis, who said he had won government tenders and wanted Mr Makori’s facilitation to complete them.
Despite written agreements, Mr Makori says in a case filed at a chief magistrate’s court in Nairobi, efforts to get his money plus promised profits have hit a snag.
The court papers say the business deals between Mr Munene and Mr Makori began with the latter investing Sh3.5 million, which was repaid by Mr Munene without issue.
The two had never met, and they were introduced to each other online by one Daniel Adil Mwambi, alias Naeem Adil Mwambi, whom Mr Makori describes as a law student.
Mr Makori says Mr Adil, working with Mombasa-based lawyer Esther Nyaboke, convinced him that Mr Munene was a trustworthy man and that they would ensure he would abide by whatever was agreed upon.
In one instance, he tells the court, Mr Adil told him via a WhatsApp text: “I think I have cautioned him on the repercussions of defaulting and that hautaki mvutano. Kindly let’s assist him. I believe he’s someone we can do good business with in future.”
After the first Sh3.5 million deals, Ms Nyaboke drafted three joint venture agreements that Mr Makori entered with Mr Munene and his companies.
It is through those three agreements that Mr Makori says he committed at least Sh7.5 million at various stages—an amount that has not been returned.
Ms Nyaboke and Mr Adil are among the respondents in Mr Makori’s case, as is Mr Munene and his two companies — Highrank Ltd; and Daylife Solutions Limited.
The signed agreements had this typical arrangement: Mr Makori gives the businessman money, the businessman executes the tenders he had won, then he returns Mr Makori his money. For any profit made, the businessman would bag 60 per cent and give Mr Makori 40 per cent.
Now, with millions already sent, and tenders reportedly executed, Mr Makori says he has got neither his money nor the profits.
Through lawyer Hosea Manwa, he is seeking orders to compel the respondents to refund his Sh7.5 million plus interest at the rate of 13 per cent per month. He also wants profits made from the projects he funded shared at the ratio agreed upon in an agreement they signed.
Mr Makori explains that it all began through a WhatsApp text.
“On August 26, 2023, (Mr Adil), acting as an agent of (Mr Munene), contacted me through a WhatsApp text, and asked me if I would be in a position to advance Sh500,000 to someone that he described as being very close to him and who is a budding businessman in Voi town, to enable him complete a tender for renovating a dormitory, and in return pay me with a profit of 15 per cent," Mr Makori states.
“At the time, (Mr Adil) broached the idea to me to invest my money with (Mr Munene), I had not asked him to look for me any investment opportunity and when he pressed hard, I cautioned him that I knew of some Kenyans who have the propensity to deceive someone to put their money in a purported business venture but in the end, they con the well-meaning individual of their hard-earned money.”
He goes on: “While vouching for Mr Munene, Mr Adil insisted that he knew him very well and that there is no way he would attempt to con me… that if he failed to honour the obligation, he was ready to be held liable.”
Assured, Mr Makori pumped Sh3.5 million into the first two projects.
“(The transactions) were successfully executed without any major issue,” he says in his pleadings.
Subsequently, Ms Nyaboke and Mr Adil convinced him to enter three joint ventures. The first venture was Sh1.5 million for the construction of a girls’ dormitory at Bungule Primary School. It was signed on March 6, 2024 and was to be repaid by May 1, 2024.
The second was Sh5.1 million for the construction of a road, following a tender reportedly awarded by the Kenya Rural Roads Authority. It was entered on April 17, 2024.
The third was an agreement relating to the construction of a borehole at Muguongo Primary School in Laikipia County that was entered on September 19, 2024. This was to be financed by the profits owed to Mr Makori, to the tune of Sh3 million.
None of the repayments have come through, and Mr Makori says his queries have not been responded to.
“In subsequent correspondences, (Mr Munene, Ms Nyaboke and Mr Adil) started avoiding my calls. Ms Nyaboke blocked me when I contacted her attempting to recover my money,” writes Mr Makori.
“Despite performing my part of the obligation as spelt out in the three joint venture agreements, the Defendants have intentionally, negligently, and with malice, failed to perform their obligations by refunding the sums advanced by me plus interest thereon as agreed,” he further complains.
“Despite receiving payments for the civil works in the various projects, Mr Munene has deliberately and clandestinely reinvested the accrued sums and profits in other projects without my written consent, as required in the agreements. Instead of paying my money back, he cooked up excuses, to wit; he allegedly won the contracts and commenced the works without first receiving the letter of award, hence the delay in the payments,” adds Mr Makori.
He goes on: “Despite sending a demand letter for an immediate refund of the sum of Sh7.5 million and the accrued interest at the rate of 13 per cent per month as spelt out in the agreements, the Defendants have refused, failed and/or neglected to adhere to the terms of the demand.”
The case adds to the many instances where disputes have arisen over money sent by individuals in the diaspora and either misused or not returned as promised.
