A middle-aged man has been charged with obtaining money by false pretense contrary to section 313 of the Penal Code.
Erick Kiprono Mutai was arraigned at a Nairobi court for fraudulently obtaining Ksh 5.7 million from Jacob Michael Maini.
The prosecution says that on diverse dates between November 24, 2010, and January 21, 2011, in Kilimani within Nairobi jointly with others not before the court, Erick Kiprono obtained the said money by falsely pretending that he was in a position to sell the complainant a servant quarter flat and four shares in Kals property management limited a fact he knew to be false.
The accused denied the charges before Principal Magistrate BenMark Ekhubi at Milimani Law Courts.
Through his Lawyer Robinson Kigen, the accused pleaded with the court to release him on reasonable bond terms on the grounds that he voluntarily submitted himself to the police.
“Your honor my client presented himself voluntarily before the police and he is not a flight risk” submitted Kigen.
“Bail/bond is a right enshrined in the Constitution and an accused has a right to be presumed innocent until proven guilty.” said Lawyer Kigen.
Magistrate Ekhubi while delivering the ruling on bond, said he has considered the application by the accused’s Lawyer and granted him a bond of Ksh 1m with an alternative cash bail of Ksh 300,000.
