Single mom sued: Nairobi man drags girlfriend to court over Ksh1.2M loan
By Zipporah Ngwatu, November 26, 2025A woman has been charged before a Nairobi court with obtaining money by false pretences, contrary to Section 313 of the Penal Code, Chapter 63, Laws of Kenya, after her boyfriend took her to court.
Tabitha Munee Mutua, who on Wednesday, November 26, 2025, was arraigned before Milimani Chief Magistrate Dolphina Alego, has also been charged with conspiracy to defraud, contrary to Section 317 of the Penal Code.
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According to the charge sheet, Munee, together with others not before the court, obtained Ksh1,674,000 from Moses Kiplagat Toroitich, promising to work with him on a tender she had been awarded by the Kenya Rural Roads Authority (KeRRA) to construct a road in Makueni County.
“Tabitha Munee Mutua, on diverse dates between November 15, 2024, and November 18, 2024, at Nairobi Central Business District (CBD) within Nairobi County, jointly with others not before court, with intent to defraud, obtained Ksh1,674,000 from one Moses Kiplagat Toroitich by falsely pretending that you were in a position to incorporate him in a road construction awarded by KeRRA Makueni region to your company, Thomas Construction Limited, a fact you knew to be false,” part of the charge sheet read.
Munee denied the two charges lodged against her, and a plea of not guilty was entered.
Meanwhile, lawyer Kiseve, representing the accused while seeking her release on lenient bond and bail terms, informed the court that the complainant (Kiplagat) and her client, Munee, have been and are still in a relationship.
She further told the court that the accused is a single mother with a 5-year-old child who solely depends on her, adding that the two can resolve the issue out of court since they are still in a relationship.
“The complainant and the accused have been and are still in a relationship, and the matter can be sorted out of court,” lawyer Kiseve submitted.
Magistrate Alego released the accused on a Ksh1 million bond, with an alternative of Ksh500,000 cash bail.
“The accused is granted a bond of Ksh1 million with a surety of the same amount, with an alternative cash bail of Ksh500,000 with two contact persons. Pre-trial is set for December 3, 2025, with further directions before this court,” Magistrate Alego ruled.
After the ruling, the accused raised her hand and told the court she wanted to explain what happened.
The court allowed her to speak, and she said they had agreed to do business with the complainant, but she was defrauded in the process and lost Ksh1.2 million that he had given her for the project.
“When we agreed to do business, I was defrauded, and when I told the complainant, he said that I should pay him his money, but I could pay in portions monthly,” Munee told the court.
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She further revealed that the complainant had given her Ksh1.2 million, which was to be repaid with interest of Ksh400,000, bringing the total to Ksh1,674,000.
Munee also informed the court that they later reached an agreement for her to repay the Ksh1.2 million without the interest, in monthly installments, stating that she has already paid Ksh225,000.
However, she told the court that the complainant called her last week, asking her to send Ksh52,000, and she promised to send it this week but was arrested while trying to gather the money.
The accused broke down as she urged the court to reduce the bond and bail terms, stating that she has a young child and cannot afford the cash bail or meet the bond conditions granted by the court.
“Naomba mahakama inihurumie, mheshimiwa. Nikona mtoto mdogo na sina hio pesa,” Munee told the court.