Friday, December 1, 2023

Woman sues ex-husband for using car to secure Sh. 1.7 million loan behind her back

David Ouma Nyiendo found himself in a legal predicament when his ex-wife took him to court after he secured a Sh. 1,714,202 loan with her car as collateral security. Nyiendo did this without her knowledge.

Reportedly, David Nyiendo and Apollo Otieno colluded in order to secure a loan from Ngao Credit Facility. Otieno had the intention of using the funds to improve his alcohol business, and Nyiendo agreed to assist him.

As per the lender’s instructions, the pair had to submit vehicle documents, that they claimed to have, as security for the loan. The duo complied with regulations and the credit was granted to them.

Nyiendo used his ex-wife’s (Leila Wamware) car, KCZ 801F as collateral for the security. Allegedly, the man colluded with NTSA officials to forge logbook details and registration certificates.

He presented the car and required documents to Ngao Credit’s head offices in Upperhill Nairobi, claiming that it belonged to Apollo Otieno. The latter was now obligated to repay the Sh. 1.7 million in monthly instalments of Sh. 134,800.

‘His vehicle’ was fitted with tracking equipment. Later, Otieno defaulted on the payments. Ngao Credit contacted him but to no avail. The company decided to track the vehicle, which was recovered at Tana River County.

Auctioneers contracted to retrieve the vehicle, found it in possession of Leila Wamware’s driver. The driver called his employer and told her about the loan issue.

Ms Wamware instructed him not to surrender the vehicle as she had no knowledge of the loan that’d been taken on the car. DCI officers were summoned in the case. They revealed that the car actually belonged to Wamware, before being transferred to Mr Otieno.

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Nyiendo is facing charges of conspiracy to commit a misdemeanour contrary to section 36 of the Penal Code, by unsolicitedly transferring log book details from Leila Wamware to Apollo Otieno at NTSA Headquarters in Nairobi.

Nyiendo has also been charged with unauthorized access in contravention of Section 14 (1) of the Computer Misuse and Cybercrimes Act of 2018.

It is said he infringed security measures to access NTSA systems knowing access is prohibited and so is change of vehicle ownership without consent.

DCI officers continue to track Nyiendo who went underground after revelations about the car and loan. Apollo Otieno was charged in June and was released on a cash bond of Sh. 500,000.

The case is slated to be heard on November 16th.

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