Judge summoned after being accused of failing to check bank balance in fraud case

A Nairobi court has summoned Kitale High Court judge, his wife, and his son to appear in court on November 12, 2021, in a case where they are complainants.

Senior Principal Magistrate, Esther Kimilu, summoned Justice Francis Mwangi Njoroge, his wife Nancy Njoki and son Kaniu Mukiri and five other witnesses after they failed to appear in court for the hearing of a Ksh450,000 fraud case.

An accused Stanley Mwendwa Mangangi had earlier claimed that the Kitale High Court Judge was frustrating him after he allegedly wired Ksh450,000 to the judge in a proceeding case.

Stanley was charged with obtaining money by false pretences whose particulars are that on March 11, 2014, at Highlands restaurant in Nairobi with intent to defraud, he obtained Ksh450, 000 from Francis Mwangi Njoroge by falsely pretending that he was in a position to sell him a piece of land in Mavoko.

But Stanley, through his lawyer, Mr Nduati, had on August 12, 2021, told the then trial court Chief Magistrate Francis Andayi that the judge had refused to withdraw the criminal case against him after he paid him the full amount and some extra amount as they had agreed.

The prosecution had indicated to the court that the complainant, who is the judge, was too busy and hasn’t found time to check his balance to find out that money has been deposited in his account.

“The complainant who is a judicial officer is frustrating my client by not withdrawing the matter. I find the reason that was given unreasonable, and an attempt to continue punishing the accused person when the complainant is aware that the money has been deposited in his account,” lawyer Nduati told the court.

The Magistrate had ordered parties in the matter to settle it out of court.

“Pursuant to directions of this court for the case to be settled out of court, The accused has deposited money to the account of the complainant ” he asserted, adding that; “We pray that the charges are withdrawn and the accused person is acquitted accordingly.”

However, in response, the complainant while appearing in person told the court that he was only paid Ksh289, 000 in cash by the accused but he did not say anything concerning the money the accused alleges he deposited in his personal bank account.

“He paid Ksh100, 000 then paid Ksh189, 000 in cash which I deposited to Jitahidi Holdings Limited who tasked me with the duty to get a piece of land for them,” he said.

He added that there are 20 people from Jitahidi Holdings Limited who were the owners of the money.

The investigating officer in the matter Samuel Akach told the magistrate that the judge controls his wife and son and that he has been frustrated severally to avail them in court to testify.

“Your honour, among the eight witnesses is the judge, his wife and son. I have been unable to avail them since the judge controls them,” Akach said.

Source: adomonline.com