Businessman charged with fraudulently obtaining Ksh1.3M from client

By , March 14, 2023

A man was on Tuesday charged with stealing Ksh1.3 million from a client which he received for clearing a shipment from India.
Samuel Mwendwa Mutua is accused of receiving the said money on March 5, 2021 at an unknown place within Nairobi.
He was also charged with forging a signature of one Kivati Musila purporting it to be genuine signature on January 27 last year with intent to defraud.
Mutua was also accused of uttering a false document on February 16, 2022 at the Directorate of Criminal Investigations headquarters.
According to the charge sheet, he knowingly and fraudulently uttered a forged affidavit to a police officer; Paul Tonui purporting it to be a genuine affidavit signed by Kiati Musila.
He appeared before Chief Magistrate Lucas Onyina and denied the charges.
Through his lawyer, he requested for reasonable cash bail saying he has already engaged the complainant with a view of having an out of court settlement.
The complainant who was in court however denied the out of court settlement claims saying the accused had engaged in cat and mouse for over two years now.
“I have engaged his business partners, his wife to no avail…by the time we reported the matter to DCI , it was because we have exhausted all avenues …as of early this year, my wife bumped into him in the supermarket and asked him when he intended to pay the money, he rudely told her his life would not stop because he owe us money,” the complainant told the court.
Chief Magistrate Onyina released him on a cash bail of Ksh200,000 or a bond of Ksh300,000 with a surety of similar amount.
The case will be mentioned on March 23 to confirm whether the prosecution had supplied documents that it will rely on during the trial.

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