According to the Kenyan Penal Code, obtaining by false pretense is a misdemeanour that on conviction attracts a three year imprisonment term whereas stealing by a servant attracts an imprisonment term of seven years.
A bartender who had been charged on multiple counts inter alia, obtaining Ksh 269,000 through false pretense as contrary to Section 313 of the Penal Code and stealing Ksh 45,000 by a servant as contrary to Section 281 of the Penal code has been ordered to repay back the money.
In the case heard before Chief Magistrate Heston Nyaga of Makadara Law courts, the accused was found guilty of obtaining beers worth Ksh 269,000 from a Nairobi businessman known as Johnson Kimani.
Particulars of the charge sheet reveal that Ms Rahab Mbare defrauded one Johnson Kimani by lying that she had paid for the procured beers through cash deposits into his bank account named Umoja Senator Enterprises. She had further ressured Mr. Kimani that she would clear the remaining debt within a year. An information which Mr. Kimani had relied upon as true.
In backing up the claim, the prosecution team retrieved evidence which revealed that on diverse dates between January 23 to March 17, 2015 Ms Mbare handed over fake deposit slips of Ksh 98,820; Ksh 39,760; Ksh 45,820 and Ksh 8200 to Mr. Kimani while purpoting them to be genuinely issued from a bank loacted within Githurai area. The deposit slips indicated that the accused had deposited cash into Mr. Kimani’s account.
In a judgement entered by the court the accused was convicted of stealing by servant and two further counts of making a false document and uttering a forged document as contrary to Section 347 and 357 of the Penal Code respectively.
In mitigatating before the court, the accused stated that she was a mother of three and at the particular time of the offence she was driven by the need to fend for her children. She opined that a punitive punishment of imprisonment was detrimental as it would leave her children at the mercy of God and the evil claws of the society.
Nonetheless, Chief Magistrate Heston Nyaga sentenced her to serve a 18 month non-custodial sentence ordering her to pay back the money in installments.
The first 50,000 installment had been handed over to Mr Kimani in the court by John Mawira, husband of the accused. An agreement was signed in the presence of a Probation and Aftercare Services Department Officer. Intricacies of the agreement revealed that in every three months Mr. John Mawira would be required to deposit Ksh 50,000 to Mr Kimani’s bank account. The deposit slip would be handed over to the probation officer for confirmation and verification.
Mahakamani News is Kenya’s top court reporting and crime coverage website. If you have a case that needs coverage, or if you are facing injustice from powerful forces, fired unfairly or reporting any corruption or relevant news pertaining judiciary etc please contact us via email@example.com