A Nairobi-based civil engineer and Catholic missionary, Tom Njoroge Waiharo, has been charged with forgery, theft, and intermeddling with the estate of a deceased person valued at Sh25 million.
Waiharo, a director of Mass Labs Limited, appeared before Milimani Chief Magistrate Lucas Onyina where he pleaded not guilty to multiple charges.
Unauthorized Transfer of Assets
According to the prosecution, Waiharo is accused of committing the offences between April 2021 and October 29, 2025, at ASK Grounds, Jamhuri Park, in Nairobi County.
The charge sheet alleges that the accused unlawfully transferred assets belonging to Mass Labs Limited to another company, Apex Projects Limited, thereby interfering with the estate of the late Joseph Santet Ole Shoona.
The transfer, the court heard, was done without the consent of the deceased’s administrators — Lawrence Lein Shoona, Caroline Lipaso Shoona, and Lois Shena Shoona.
Forgery Allegations
The prosecution further alleged that on December 6, 2023, Waiharo forged company minutes of Mass Labs Limited, purporting them to be genuine and signed by Lawrence Lein Shoona, one of the estate administrators.
The forged minutes were allegedly used to validate the illegal transfer of company assets to Apex Projects Limited.
“He made and presented forged minutes purporting them to be valid and genuine records of Mass Labs Limited,” read part of the charge sheet.
Theft and Intermeddling
The court heard that Waiharo, by virtue of his position as a director, had access to company property and funds, which he allegedly converted for personal use.
Prosecutors said the assets valued at Sh25 million were transferred from the deceased’s estate without authority, amounting to theft and intermeddling under the Law of Succession Act.
Bond Terms
After denying the charges, Chief Magistrate Lucas Onyina released Waiharo on a bond of Sh500,000 with one surety of a similar amount.
The case will be mentioned later this month for a pre-trial conference.
If convicted, the accused faces severe penalties for forgery, stealing, and intermeddling with an estate, offences that carry significant prison terms and fines under the Penal Code and Succession Act.
Legal Insight
Under Section 45 of the Law of Succession Act (Cap 160), it is a criminal offence to “intermeddle with the property of a deceased person” before a grant of representation is issued.
Conviction may lead to imprisonment and a requirement to restore any misappropriated property to the rightful estate administrators.