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How Eastleigh businessman battling fraud charges refused to have his fingerprints taken

A businessman who allegedly defrauded his counterpart of Sh5.6 million while purporting he was in a position to import assorted cosmetics, powder milk and chocolates has been charged with obtaining money by false pretenses.

Abdi Yusuf is accused of obtaining the cash from Hassan Ali on diverse dates between September 8-24, 2023, in Eastleigh, Nairobi, contrary to section 313 of the penal code.

He allegedly defrauded Mr Ali while promising him that he would import the items from Europe for him, knowing the same was false.

Yusuf is also accused of refusing to have his fingerprints taken at the Pangani police station on March 29, 2023, contrary to section 55 (5) as read with section 29 of the national Police Service Act.

The NPS Act requires fingerprints of all criminal suspects be taken for profiling and criminal records.

Mr Ali is said to have received a telephone call from a friend who informed him that he had met a businessman who claimed to have been importing cosmetics and other goods from Europe.

The complainant and his friend met at a shop in one of the business malls in Eastleigh before proceeding to a restaurant where Mr Yusuf joined them.

Mr Yusuf told them that he had a company that deals with imports from European countries.

He told them that he had a working capital of more than Sh20 million. Mr Ali was convinced that it was a good business deal and agreed to the venture after a lengthy discussion over the matter.

The accused person allegedly told Mr Ali to join him by contributing for the business capital with a promise that he will be given a share in the business.

Mr Ali later went ahead and deposited different amounts of money totalling to Sh5.6 million on different dates to Mr Yusuf’s bank. At one point, the accused person told the complainant that the consignment had arrived in the country.

Later the complainant started suspecting that Mr Yusuf was not genuine because he never wanted to let him know how the imported goods were being distributed into the market.

Each time Mr Ali asked, Mr Yusuf gave him promises. The complainant later demanded a refund of his money but Mr Yusuf could not.

He reported the matter at the Pangani police station and the suspect was arrested after investigations.

The suspect denied the charges before Senior Principal Magistrate Agnes Mwangi of Makadara Law Courts.

The officer investigating the matter Corporal Hussein Hassan made an application to have Mr Yusuf denied cash bail because his citizenship is questionable as he had acquired his Kenyan national identity card at the age of 30.

Cpl. Hassan told the court that the circumstances under which Mr Yusuf acquired the Kenyan national identity card is questionable since he was born in Somalia.

The cop said he had written to the National Registration Bureau over the matter and he was awaiting response.

Ms Mwangi ordered the suspect be escorted back to Pangani police station where his fingerprints were taken. She then released him on bond of Sh500, 000 with a Kenyan surety of a like sum. The case will be mentioned on May 3 before hearing starts on September 5.

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