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Man denies theft of Sh0.7 million from two MPs

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A 34-year-old man was yesterday accused of stealing over Sh700,000 from the lawmakers, after switching the mobile SIM cards of two MPs, transferring money to himself, and borrowing money from several mobile money lending applications.

 In an appearance before Milimani Chief Magistrate Lucas Onyina, Bonface Kipng’etich Kirui refuted multiple other accusations of theft, identity theft, and unauthorized access to computer data. According to the Directorate of Public Prosecutions, Kirui switched the Safaricom SIM cards of MPs Timothy Toroitich of Marakwet West and Stephen Mule of Matungulu, leaving their accounts empty. In count one, the SIM swap fraud suspect was accused of stealing Sh547.567 from Toroitich’s KCB Bank on the evening of April 12 at an unidentified location in Kenya.

“On diverse dates between March 23 and 26, 2023 at unknown place and time within the republic of Kenya, Kirui jointly with others not before court stole Sh133,785 from M-Pesa account, Timiza account, M-Shwari account, Vooma App, KCB M-Pesa account and KCB Bank account of MP Mule,” the second count read.

Kirui was also charged that on April 12, 2023, at 1717hrs at unknown place in Kenya, intentionally and without authority changed the Safaricom details of Toroitich causing unauthorised interference to the Safaricom computer data of the politician.

Kirui was further accused of being unlawfully in possession of identity cards belonging to six different persons — Phanice Asiko Otanga, Robert Mogeni Maraburi, Alex Mwebi Magena, Kevin Kipkoech Bett, Emmah Cherono and Joyce Mutete Kimuya on the day of his arrest, April 27.

Kirui was arrested by DCI detectives in Kahawa Wendani area after the two MPs lodged complaints with Parliament police station and Safaricom Mobile Service Provider of the alleged interference of the personal data leading to loss of money from their accounts.

Toroitich claims in one of the police complaints he has made that on the night of April 12, a simcard swapping gang took advantage of him and drained his bank accounts. According to him, his Safaricom line mysteriously lost its network starting at 5 o’clock that fateful night. The MP claimed that at first he believed the issue to be a typical network problem, but as it persisted he asked his personal assistant to phone him to see whether the call could be made. To his amazement, the call was received and answered by a different person. Due to this, he decided to contact Safaricom customer service, where he learned that his line had been sims-wapped at 5:17 pm. Later, the MP who is also an advocate

The MP, who is also a lawyer, later called National Bank and Kenya Commercial Bank, the banks where his accounts are located, to find out if his bank account had been compromised.

According to KCB’s response, someone gained access to his account and transferred Sh617,567 to other Safaricom numbers and bank accounts.

The MP went to his branch at Kipande House on April 13, 2023, where he acquired a customer statement. He then brought the issue up in Parliament.

After the DPP denied the allegations, the magistrate was informed that they intended to oppose the suspect’s release on bond until the hearing and resolution of the fraud proceedings.

According to Gikunda, Kirui is a regular visitor at the courts since he has other pending criminal cases.

Magistrate Onyina ordered that the accused be detained until Wednesday May 10, when his bail application will be canvassed

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Courts

City pastor accused of defrauding Kenyans in the USA of Sh6.8 million

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By Wanja Waweru

A city preacher has been accused with stealing Sh6.8 million from two sisters and their friend who lives in the USA while he pretended to be in a position to buy them land in Nairobi.

Catherine Wairimu Ng’ang’a of the Githurai-based Arise and Healing and Deliverance Church was charged At the Milimani courts.

When she was prosecuted in front of senior main magistrate Zainab Abdul, she contested four counts of receiving money under false pretenses.

The lady pastor, 53, was charged with cheating Noel Njeri Ngure, Lilian Muthoni Ngure, and Anne Nyambura Njogu between February and September 2021 of a huge sum.

The magistrate was informed that Pastor Wairimu collected Sh4 million from Noel under the pretense that she could sell her a land of land number Mowlem/Nairobi Block 169/285, a fact she knew to be false.

The preacher was suspected of receiving the Sh4m on several times between February 1 and August 12 2021 when he was detained by authorities on May 28, 2023.

The preacher was accused of accepting Sh1,735,000 from Lilian Muthoni Ngure between March 12 and August 12, 2021, despite knowing that she was lying when she said she could sell her a piece of land with the address Mowlem/Nairobi Block 169/287.

According to the third count, she received a second trump of Sh900,000 from Lilian Muthoni Ngure on August 31 and September 24, 2021, pretending to sell to her three stalls at New Wakulima Kangundo Road Market.

The magistrate learned that the pastor was lying and that she was not in a position to do so.

The preacher was accused of defrauding Ann Nyambura Njogu of Sh253,200 in the fourth allegation against her. She had claimed to be in a position to sell Njogu a piece of land in Mowlem/Nairobi Block 169/286.

Pastor Wairimu requested release on bail, pledging to follow the judge’s orders.

Her release on bond was not opposed by the prosecution.

She was then freed by Ms. Abdul on a Sh500,000 cash bail with one contact person.

On June 12, 2023, her case will be brought up for pre-trial instructions.

Pastor Wairimu will then meet with her accusers at the hearing date that Ms. Abdul will establish.

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Boda boda rider convicted of forging KDF staff card escapes jail term

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By Wanja Waweru

A boda boda driver who was caught carrying a bogus military identification card that claimed to be from the Kenya Defence Forces (KDF) has been granted a reprieve after the court released him.

Gabriel Owino, who pleaded guilty to charges of creating a document without authorization in violation of section 357(a) of the penal code, had on Friday begged with Principal Magistrate Hellen Okwani at the Makadara Law Courts not to sentence him to incarceration.

Mr. Owino had acknowledged that, on an unspecified date in February of this year, he had made a KDF certificate of appointment along River Road in Nairobi’s CBD.

Additionally, he admitted guilt to a charge of having contraband government supplies to section 324 (2) of the penal code.

The crime of possessing government shops includes having items like uniforms and handcuffs that are only used by members of disciplined services.

Mr. Owino was discovered in possession of a military ID card that belonged to a KDF officer, a Kenya Airforce uniform, and a truck suit jacket bearing the name Defense Forces Technical College (DFTC), all of which were thought to have been taken illegally or fraudulently from the KDF.

Following combined investigations by the police, military intelligence, and military police, he was apprehended on May 20, 2023 in Tassia Estate in Embakasi, Nairobi, and was discovered in possession of the military staff card of a KDF officer.

The following day, Mr. Owino took the police to a location in Ngong, Kajiado County where they found the phony ID card with his name and photo on it, together with a Kenya Airforce uniform and a truck suit that belonged to DFTC. However, Mr. Owino was unable to explain how he came into possession of these materials.

When the passport photo of him that was used to create the fake card was taken, Mr. Owino claimed to the court that he was wearing uniforms belonged to his friend who works for the Kenya Airforce.

The graphic designer in River Road created the phony KDF staff card for him, showing he is a member of the KDF, despite his earlier assurances to the army friend that the photograph would never be made public a serving with Kenya Airforce holding the rank of a senior private.

On the real KDF officer’s card that he was discovered to have, Mr. Owino informed Ms. Okwani that a Kenya Airforce officer had sent him to his residence in the Tassia estate to obtain a military ID card and an ATM card. He was supposed to use these cards to attempt a cash withdrawal at a nearby bank agent, but failed when the agent’s operator disallowed him from doing so.

Before losing the card that had his photo on it and learning that military police were hunting for him, he claimed to have kept the officer’s cards.

Some of the things were later taken by Mr. Owino to his friend’s home in Ngong, where they were found.

He admitted to Ms. Okwani that he has been riding in the CBD illegally for a number of months despite having a phony ID that he has been presenting to law enforcement officials from Nairobi County.

The defendant pleaded with the judge to pardon him, saying that his wife and child are dependent exclusively on him. His wife and the child were present in court.

Since being charged and entering a guilty plea on May 22, 2023, Mr. Owino had been held on remand.

In accordance with Section 35 (1) of the Penal Code, Ms. Okwani released him and imposed a five-year prohibition on his future criminal activity.

 

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‘Reconcile with your spouse, July is coming,’ magistrate tells man who broke wife’s bed

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Following their breakup, a man is accused of allegedly smashing his ex-girlfriend’s Sh6,000 bed at her home in Nairobi’s Githurai estate into pieces.

This is in violation of section 339 (1) of the penal code, which prohibits malicious damage to property.

On May 24, 2023, Daniel Omwaka was accused of intentionally destroying Casty Mukami’s wooden bed in the Makadara Law courts.

On that day, Mr. Omwaka, who had left the residence a few days prior, allegedly returned while Ms. Mukami was there with family. He allegedly grabbed a knife and threatened to stab her.

After dropping the knife, the accused man allegedly destroyed the bed with a hammer before fleeing the scene. The incident was reported to the police by Ms. Mukami. The next day, after he was arrested, the defendant went back home.

In front of Principal Magistrate Hellen Okwani, he refuted the accusations and claimed that the complainant was his wife.

The culprit was freed by Ms. Okwani after posting a Sh5,000 cash bail and was instructed to make amends with his wife by informing her that “July is coming.”

Before the hearing begins on November 15, 2023, the case will be discussed on August 21, 2023.

Three witnesses, including Ms. Mukami, a member of her family, and a police officer who looked into the situation, have been named by the prosecution to testify in the case.

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