Three Plead Not Guilty in Sh40 Million Afya Sacco Fraud Case, Court Sets Strict Bail Terms

By Peter John 

Three men charged in a multi-million shilling fraud case involving Afya Sacco Society Limited have pleaded not guilty to all charges as the court granted them bail under stringent conditions.

The accused — Evans Mung’ahu Kola, Fredrick Kuya Libako and Mumina Mutinda Ingui — appeared before Milimani Law Courts, where they denied several counts including conspiracy to defraud, stealing by servant, and acquisition and use of proceeds of crime.

According to the charge sheet, the offences were allegedly committed on diverse dates between April 2021 and January 2025 at Afya Sacco offices within Nairobi County. 

The prosecution alleges that the three, jointly with others not before the court, conspired to defraud the Sacco by fraudulently crediting and withdrawing funds through FOSA (Front Office Service Activity) accounts, falsely presenting the transactions as legitimate.

The alleged scheme is said to have caused Afya Sacco a loss of KSh 40,169,165.69. 

Prosecutors further claim that part of the alleged proceeds was used to acquire property and later deposited into various FOSA accounts, forming the basis of additional charges under the Proceeds of Crime and Anti-Money Laundering Act (POCAMLA).

Through their lawyers, the accused urged the court to grant them lenient bail and bond terms, arguing that they are law-abiding citizens with good backgrounds who have consistently cooperated with investigators. 

The defence told the court that the three had been presenting themselves at police stations even before bail and bond terms were imposed and posed no flight risk.

In its ruling, the court ordered the prosecution to supply the defence with copies of witness statements and released each accused on a bond of KSh 4 million with a surety of a similar amount, or an alternative cash bail of KSh 2 million, with one contact person required for each.

The case will be mentioned on January 6, 2026, for pre-trial directions.