Lawyer sued by widow over theft of Ksh63.7M
A 91-year-old city lawyer has been charged with stealing over Sh63.7milioni from an 80-year-old widow.
Mohamed Akram Khan, who was scheduled to appear before Milimani chief magistrate Wendy Kagendo, was said to be admitted at MP Shah hospital, where he is undergoing heart treatment.
But Ms. Kagendo was urged by lawyer Dr. Ekuro Aukot that the accused is using his age as an excuse to avoid facing justice.
“The accused herein (Mohamed Akram Khan) is using his advanced age to evade justice,” Dr. Aukot defending the widow Mrs. Singh Mangat, submitted before Ms. Kagendo.
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Dr. Aukot opposed an application by the accused lawyer Mohamed Shalima to adjourn the plea for two months due to Khan’s indisposition and hospitalization at the MP Shah Hospital.
Mr. Shalima urged the magistrate to indulge the suspect, who is out on a Sh1million police cash bail.
Khan was arrested on March 10, 2022, and was summoned to appear in court on October 24, 2022. He was, however, released on a police bond of Sh1million.
Mr. Shalima said the accused is exploring ways to settle the matter out of court, a suggestion that Dr. Aukot welcomed: “I also do not want to pursue the criminal case. My client is aged 80, and she wants to enjoy her money.”
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In her ruling, Ms. Kagendo directed police to escort the accused from MP Shah Hospital to Kenyatta National Hospital (KNH) for cardiac examination to establish his suitability to plead to the charge.
She further ordered police to keep watch over the accused person, who is a dual citizen, so he does not escape.
“The age card is not a barrier to criminal prosecution. A person may be indicted at whatever age provided there is proof of commission of an offence,” Ms. Kagendo ruled.
She directed the Cardiology Department of KNH to file a Friday report on whether the accused can stand trial.
Ms. Kagendo stated she would give directions on how the case would proceed once she gets the medical report on October 28, 2022.
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A charge sheet presented to the magistrate reads that Khan is accused of stealing an agent contrary to Section 283(b) of the Penal Code.
The facts of charge state that on diverse dates between December 4, 2013, and September 16, 2014, at Habib Bank Limited Koinange Street, Nairobi being an agent of the late Sukhdev Singh Mangat, stole Sh63,700,000 the property of the deceased (Sukhdev Singh Mangat).
The charge further states Khan received the money from Surjit Singh Sawan Singh to pay the deceased after a land transaction.
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