Grandpa sued for conspiring to defraud businessman Sh150m
An elderly man, Benson Muia Muli, is accused of fraudulently conspiring to defraud a Nairobi businessman’s five-acre piece of land worth Sh150 million.
Muli was arraigned before the court on Wednesday, 19, 2022.
The 80-year-old man pleaded not guilty to three charges that were leveled against him and were released on an Sh1 million bond with a surety of the same amount or a cash bail of Sh500, 000.
The case will be mentioned on November 2, 2022.
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Mr. Muli has been accused on an unknown date and place within the country, jointly with others who were not before the court, conspired to defraud David Matheri of his parcel of land LR. 12715/716, measuring approximately 5 acres, situated at Syokimau, valued at about Sh150 million.
In the second count, Mr. Muli is said to have, on an unknown date and place jointly with others, not before the court, with intent to defraud Mr. Matheri of the parcel of land forged the signature of Elizabeth Gicheah, the former land Registrar.
They purport it to have been signed by the said Elizabeth Gicheha to facilitate the transfer of the said land parcel to his name.
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In the third count, Mr. Muli was charged with making a false document contrary to Section 347(d)(1) as read with Section 349 of the penal code.
The particulars of the count were that on an unknown date and place within the Republic of Kenya, with intent to deceive, Mr. Muli made a false document.
The document was a sale agreement dated January 3, 1990, for a parcel of land LR 12715/716 measuring approximately 5 acres situated at Syokimau, valued at approximately Sh150, 000 purporting to have been signed by Simeon Muange Mawnziu as the vendor.
The accused denied the charges before Mavoko Principal Magistrate Eunice Kimaiyo and pleaded for lenient bond terms saying he was elderly and on medication.
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The prosecution did not oppose his bond terms but urged the court to consider the amount involved in the case.
While issuing her ruling, Magistrate Kimaiyo said she had listened to the prosecution statements, and the defendant, alongside his advocate, determined that he was fit to be released on lenient bond terms.
“I have seen the accused person, he is an old man. I have no doubt that the accused is approaching 80 years of age, and therefore should take that into consideration,” Kimaiyo said.
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“I considered the submissions of the prosecutor, advocate representing the accused and I am also informed that there is a similar matter which is in High Court.
The matter relates to the same parcel of land and the same parties. I’m also informed of another matter in Mavoko Law Courts with the same accused person,” she said.
“The accused person will be given a reasonable bond. The purpose of the bond is to ensure that the accused person appears in court.
I therefore proceed and exercise my mind on whether this accused person is fit to be released on bond.”
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