Second-hand car marketer Joseph Kairu Wambui, also known as Khalif Kairo, was arraigned at the Milimani Law Courts on Monday on charges of defrauding two clients out of Sh2.1 million and Sh2.9 million, respectively.
Kairo is accused of deceiving Jeff Kyule Munane between July 10 and July 29, 2024, in Westlands, Nairobi.
The alleged scheme involved Kairo’s company, Kai & Karo Limited, collecting ash 2,145,150 under the pretense of facilitating the importation of a Honda Vezel Hybrid from Japan, which was never delivered.
Kairo was also accused of obtaining Sh2.9 million from Dona Ayalo Okoth ‘through a fraudulent trick,’ claiming to be in a position to import a Subaru Outback.
The second incident occurred in July of last year, and detectives say the car has yet to be delivered despite being paid in full.
The prosecution presented an affidavit from investigating officer Esther Mburu, who opposed bail on the grounds that Kairo is a significant flight risk.
The affidavit stated that granting bail would jeopardise the judicial process, claiming that Kairo’s actions indicate a pattern of deliberate deception.
The court heard that Kairo was apprehended on January 11, 2025, and has been in custody since.
The prosecution further pointed out that the accused has the means and potential to evade justice if released, citing his alleged history of involvement in fraudulent schemes.
Kairo denied claims that he will flee Kenya if released on bail after being charged with fraud related offences.
Through his legal team led by Danstan Omari and Cliff Ombeta, Kairo said the Prosecution has failed to adduce any compelling reason to have him denied bail by the court.
The Prosecution in a bid to have him tried while on remand told Chief Magistrate Lucas Onyina they are apprehensive if his released, he will flee the jurisdiction of the country and may never appear in court for trial.
They relied on an affidavit sworn by an officer from DCI who went into detail on how long it took to trace Kairo.
But Kairo told the court that he has been cooperative from the time the complaints were lodged. He said when the investigating officer called him on Saturday, he informed them that he was at a local bank in Junction Mall.
“That’s where they found him,” said Ombeta.
“If he can tell the officers where he was prior to his arrest, would you say that’s the demeanor of someone who would abscond as alleged by the Prosecution?” posed Ombeta.
Kairo’s defense team further trashed a flight ticket being used by the Prosecution as proof that he wanted to flee the jurisdiction of the country.
“The ticket was booked way before the date of his arrest. It was not a plan to exit but as a person going on business,” said Ombeta.
“Even before these charges were drafted, Kairo had planned to travel to New York for business,” Ombeta said.
He contended that the matter before court is purely meant to tarnish his name and destroy his business environment.
Onyina will rule on his bail application at 2pm Tuesday January 14.
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