Case Digest

Mwakha Vs Amuhoyi: Obtaining Money By False Pretence

A prominent city lawyer’s mother, a Nairobi based businesswoman, has been charged for fraudulently obtaining over sh18 million.

Chief magistrate Martha Mutuku adjourned the case after the accused person Everlyne Jeniffer Mwakha was said to be sick. Through her lawyer, Mwakha said she could not be able to take trial as she is sick and needs to undertake an operation at a hospital.

The complainant Clarence Amuhoyi asked the court if it can be investigated whether the accused is really sick and awaiting to undergo an operation as she had claimed.

According to the charge sheet, Mwakha is charged with obtaining sh18.7million from Clarence Amuhoyi by falsely pretending that she was in a position to incorporate him into a business that would benefit him with good income a fact she knew to be false. She allegedly committed the offence between January 17 and August 15, 2014 within Nairobi county.

“Everlyne Jenifer Mwakha on dates between 17th January 2014 and 15th August, 2014 at Nairobi within Nairobi City county with intent to defraud obtained KES 18, 700, 000 (Kenya shillings Eighteen Million Seven Hundred Thousand) from Clarence Amuhoyi by falsely pretending that you were in a position to incorporate him into a business that would benefit him with good income, a fact you knew to be false.” The charge sheet reads.

Mwakha denied the charges and she was released on a cash bail of Sh100,000 or bond of Sh200,000 which her son, the prominent city lawyer who doubles as a pastor, paid with ease.

The case will be heard on March 3, 2020

The charge sheet

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