A Nairobi businessman is in court for defrauding a Rwandan national USD($)30000 (KSh4.5 million) while claiming to be in a position to invest in a profit-making business.
John Bendera Mwongera,60 was arraigned before Milimani chief magistrate Susan Shitumbi charged with cheating.
He was accused of defrauding a Rwandan investor namely Ms Winfred Semana Mukabuzizi on diverse dates between April 11 and May 15, 2023, within Nairobi.
The court heard that within 34 days, Mwongera fraudulently tricked Winfred into believing he was in a position to help her invest in his Xtreme Brands Limited.
The court further heard that Mwongera induced the foreigner to trust him with her money for purchasing assorted goods which would fetch high profit in Rwanda.
The accused denied the charges and applied to be freed on bond.
However, Ms Shitubi referred the case to a senior principal magistrate to determine the bail application.
Mwongera urged Ms Kimilu to free him on a reasonable cash bail saying he has a serious health challenge and is under medication.
“I urge this court to free me on a reasonable cash bail considering I am aged sixty and not a fright risk. I have a serious health challenge and am currently under medication. Imposing a large sum of bond will put me in a disadvantageous position,” said Mwongera.
Citing article 49 of the constitution Mwongera said suspects are supposed to be freed on bond unless there are compelling reasons.
The prosecution did not oppose the bail plea by Mwongera but urged the court to consider the amount reportedly taken from the Rwandese national.
Ms Anne Munyua, the prosecutor, told court the complainant has been in the country for the last 10 days to assist police with investigations aimed at tracing and identyfying the accused.
“The accused has been changing locations and mobile numbers,” said the prosecutor, who implored on the magistrate to pronounce stringent bond terms to ensure attendance of the accused person.
The magistrate also heard Mukabuzizi is wondering how she will recover her money from the accused whom she described as ‘slippery and unbelievable’.
The complainant urged the court through the prosecution to assist her recover the money from the accused.
She also requested an expeditious trial to enable her fly back to Kigali because this case was consuming her resources.
In a brief ruling senior principal magistrate Esther Kimilu who determines her bond said bond is a constitutional right for suspects and for accused persons.
She proceeded to direct Mwongera to deposit in court a bond of sh 2 million with one surety of the same amount or alternative cash bail of sh 400,000 thousand with two contact persons to ensure he turns up in court to face justice.
She directed the case to be mentioned on September 28, 2023 for pre-trial and directions.
