NAIROBI, Kenya, Dec 20 – Two officials of a Women’s Group accused of defrauding Kenyans over Sh300 million in house fraud will know their fate tomorrow.
The two, Mary Ndunge Mutuku and Mary Wanjiku Ndung’u who pleaded not guilty to 16 counts of forgery and obtaining money by false pretence, have been detained at Capitol Hill Police Station pending the production of an affidavit by the prosecution to oppose their release on bail.
They appeared before magistrate Wendy Micheni of Milimani Law Courts.
According to the prosecution, the two in the period between the year 2015 and 2022 in Nairobi County with others not before court, conspired to defraud Michael Kariuki and Salome Wanjiru Kariuki of a sum of Sh87,742,000 by falsely pretending that they were in a position to sell them houses at West Park Police estate knowing it was untrue.
They face 15 more counts where they are accused of defrauding different people by forging documents and altering them to the suspects claiming that they are from the Ministry of Labour Social Security and services.
The two are said to have obtained millions of shillings from unsuspecting city residents under the false pretence of selling them houses at an estate they developed near Wilson Airport, within Lang’ata area, Nairobi.
Through their Lawyers Robert Aswani and Geoffrey Omenke, the accused pleaded with the court to be released on favourable bond terms saying that they are not a flight risk because they have a fixed place of abode.
The defense said that the accused were arrested before the investigations were concluded which is a violation of their rights.
Aswani who is acting for Ndunge said the dispute emanates from Police and the said women’s group and the two entities have been involved in a long-term legal battle.
He said the colossal amount mentioned should not be considered in granting bail because the offences are just mere allegations without facts.
Omenke who is acting for the Wanjiku requested for her release on bail saying that she is a family woman and a Kenyan citizen.
“Accused should be released on favourable bond terms because the charges tabled against them are billable, unless there are compelling reasons to detain them, they should be released, no facts have been put by the prosecution to deny accused bail,” he added
Omenke bail is just a commitment to ensure that the accused attend the trial but should not be used against them.
He added that the prosecution was in a hurry to charge his client without completion of investigations.
“The normal legal procedure is to investigate a suspect first before arresting them but in this case, the accused were arrested before they were investigated, “added Omenke.
He added that their rights have been infringed and they are family women with kids.
Omenke said that the prosecution did not indicate whether the second accused is a flight risk.
The prosecution on the other said they intend to oppose bail and will table their formal affidavit tomorrow.
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