In a startling case, a woman has been arraigned for allegedly defrauding a businessman of Sh85,000 at the Makadara Law Courts under the guise of securing the release of his wife, who was facing fraud charges.
Nancy Wambui, the accused, now faces charges of obtaining money by false pretenses, as stipulated in section 313 of the Penal Code.
The alleged incident transpired on various dates between June 12 and 20 this year, when Wambui purportedly convinced Simon Gitundu, the businessman, that she could arrange a surety for his wife, Margaret Njeri, thus securing her release on bond.
Margaret Njeri had been facing charges of obtaining money by false pretenses (Criminal case number MCCR 3566/2023).
The prosecution contends that Wambui conspired with others in the scheme, thereby adding a second conspiracy charge to commit a felony, per section 393 of the Penal Code.
Wambui and four others, including pastor Joseph Waweru and businessman Stephen Mburu, were apprehended on July 31 by Chief Magistrate Francis Kyambia on suspicion of fraudulent activities.
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These arrests came to pass after the Directorate of Criminal Investigations (DCI) conducted an inquiry, determining that Wambui had allegedly received money through M-pesa from Mr. Gitundu on different occasions.
It is worth noting that Ms. Wambui had previously been banned from the Makadara Law Courts premises by Justice Heston Nyaga of Nakuru High Court.
The accused is said to have exploited Mr. Gitundu’s situation, convincing him that she could facilitate the arrangement of a bond for his wife, who was then held at the Langata Women’s Prison.
Wambui was apprehended after being identified by Njeri in court. The remaining individuals were subsequently cleared of any involvement in the investigations and were released.
Wambui denied the charges before Senior Resident Magistrate Mercy Malingu during her arraignment. She appealed for lenient bail and bond conditions, highlighting her advanced age and her role as the sole provider for her family.
The court granted her release on a bond of Sh200,000, with an alternative option of cash bail amounting to Sh50,000. Both Gitundu and Njeri are listed as witnesses in the case against Wambui.
The matter is scheduled for mention on September 9th, with the trial set to commence on December 5, 2023.
