A Nairobi businessman and owner of Amanda Creek Limited, Philip Emuruon Obwana, has been charged with defrauding an elderly investor of Sh360,000 in a fake Watamu investment project.
Emuruon appeared before Milimani Chief Magistrate Lucas Onyina, where he pleaded not guilty to charges of obtaining money by false pretenses.
Fake Watamu Investment Deal
According to the prosecution, between February 14 and June 26, 2023, Emuruon obtained Sh350,000 from Walter Ben Osiya by falsely claiming he would incorporate him into his Amanda Creek Limited project in Watamu, Kilifi County.
The court heard that Emuruon assured Osiya the project was awaiting clearance from the National Environment and Management Authority (NEMA)—a claim the prosecution says was false and intended to deceive.
Investigators say the accused presented himself as a credible businessman to gain the complainant’s trust before vanishing with the funds.
Failed Attempt to Withdraw the Case
During the hearing, Emuruon’s defense lawyer informed the court that the parties had reached an agreement to withdraw the charges.
However, when asked to confirm, the complainant, Walter Ben Osiya, denied any such arrangement, stating that there was no agreement to drop the case.
Following the contradiction, Chief Magistrate Lucas Onyina ordered that the trial proceed, emphasizing the seriousness of the allegations.
Court Ruling and Bail Terms
After reviewing the submissions, the court released Emuruon on a cash bail of Sh100,000 pending trial.
Magistrate Onyina directed that the matter proceed to full hearing to determine whether the accused intentionally defrauded the complainant under false pretenses.
Broader Context: Rising Fraud Cases in Kenya
The case highlights growing incidents of investment scams in Kenya, where fraudsters exploit public trust using fake documents and promises of partnership in lucrative projects.
Law enforcement agencies have warned Kenyans to verify company registrations, seek legal advice, and confirm regulatory approvals before investing in any business ventures.
Under Section 313 of the Penal Code, obtaining money by false pretenses is a criminal offense punishable by up to three years in prison upon conviction.
Public Concern and Next Steps
Anti-fraud campaigners have expressed concern about scams targeting elderly citizens, saying such cases expose the need for stronger oversight in business registration and consumer protection.
“This case should remind the public that due diligence is essential before sending money or signing investment agreements,” said a Nairobi-based financial crime expert.
The case will be mentioned again at the Milimani Law Courts in the coming weeks as the prosecution prepares to call key witnesses.