A Nairobi court has ordered a mother and her two sons, facing charges of forging a will, to be released on a bond of Sh1 million with one surety of a similar amount or a cash bail of Sh450,000 plus one contact person.
Principal Magistrate Dolphina Alego issued the directive at the Milimani Law Courts, further ordering the three – Irene Wanjiru Ndiritu, Danson Ndiritu and Alex Gathirua Ndiritu – to deposit their passports with the court.
The three are facing five counts of forgery and uttering false documents. The charge sheet states that, on various dates between May 2, 1999, and May 11, 2023, they, together with others not before the court, allegedly forged the will of the late Dr. Cyrus Gathirua Ndiritu and presented it as genuine.
All three pleaded not guilty to the charges.
Their lawyer applied for the supply of witness statements and prosecution documents and urged the court to grant lenient bail terms.
He submitted that the accused had earlier been granted police bail of Sh50,000 each on July 2, which they complied with, and argued that they were not flight risks.
“The accused stand to benefit from the presumption of innocence and they have consistently availed themselves to the court,” the defence stated.
The prosecution told the court that investigations were complete but urged the magistrate to consider the seriousness of the offence in setting bail.
“We do not oppose the release of the accused persons on bond, but we invite the court to consider the gravity of the offence and grant commensurate terms,” the prosecutor said.
In her ruling, Magistrate Alego granted a bond of Sh1 million with a surety of the same amount, or a cash bail of Sh450,000 with one contact person.
The case will be mentioned on September 11, 2025, for pretrial.
