The defense in a case in which a businessman is alleged to have obtained 8,249,700 million shillings from clients purporting that he would purchase for them air tickets has protested that they had not been served with documentary evidence to enable them to proceed with the case.
Mr. Elkington Paul bitterly complained before Kiambu Chief Magistrate Ms. Patriciah Gichohi that the investigating officer from DCI had been sluggish to serve him with all documentary information that they intended to use against his client who is facing 2 counts of obtaining and issuing a bad cheque.
Rotich Kiplagat Joshua was charged that on diverse dates between 12th May 2019 and 25th June 2019 at Westlands within Nairobi County, with intent to defraud, he obtained 67 air tickets for international travels all valued at 8,249,700 shillings from WREN TOURS AND TRAVEL LIMITED by falsely pretending that he was in a position to handle the travel packages of the tour Company, a fact he knew to be false.
He faced the second count that on 21/ of June 2019 at Westlands within Nairobi County, he issued a cheque number 000238 for 200,000 to WREN TOURS AND TRAVEL LIMITED to be drawn from Account No. 066000066345 held at Family Bank Ongata Rongai Branch in the name of KARRA PROPERTIES LIMITED, knowing the said the account had insufficient funds contrary to section 316 A (4) of the penal code.
The businessman took plea on 6/9/2019 and pleaded not guilty to the two counts which involves millions of shillings.
Prior before the hearing date was set, the prosecution had objected to the accused being released on bond. They argued that he was a flight risk and that if he was set free, he would abscond and would not attend court.
His lawyer protested about the sentiments advanced by the prosecution saying that he was a family person and that he had a fixed abode where he could be traced if the police or the court needed him.
The Chief Magistrate after weighing both sides, she noted that the prosecution did not table any convince documentary evidence that could make the court deny the accused freedom.
She was therefore released on a bond of 3 million shillings with a surety of a similar amount of cash bail of one million shillings pending the hearing of his case.
The hearing date was scheduled for September 2020 but was interfered with the lockdown protocols imposed by the Ministry of Health to contain the Covid 19 pandemic when it broke out in the country in March 2020.
After consultations, between the defense and the magistrate, it was set for hearing on 6/June 2021, though Senior State counsel Christine Mbevi for the ODPP said she was ready to proceed with the case.
The investigating officer Sergeant Owaga was directed by the court to provide the defense with all documents which included photocopies of e-mail communicated and receipts which were intended to serve as exhibits.
The prosecution has lined up 16 witnesses to buttress their case. During the hearing that failed to take off yesterday, there was drama when a sign interpreter who was in the middle of his work was rudely interrupted to stop since his client was not part of the witnesses in the case.
Lydia Shiloya
