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Court releases USD conman on bond

A Nairobi court has released a suspect allegedly involved in KSh40 million fraud case on bond awaiting the investigators conclude Investigations.

Milimani principal magistrate Gilbert Shikwe freed Pincrous Mwandiki alias John Ireri on Cash bail of KSh 250,000 dismissing the application by the Investigating officer to give orders to detain him for 10 days at Kilimani Police Station.
In his ruling, the magistrate stated that bond is a constitutional right to the accused persons unless there are compelling reasons to deny the same.
“I have considered the application by the prosecution and the defence and upon perusal, I did not see any compelling reasons to deny the suspect his liberty awaiting conclusion of Investigations,” stated Shikwe.
Police Constable Stephen Kibei through the prosecution had applied the suspect to be detained in custody for 10 days awaiting the completion of Investigations and prefer charges against him.
State prosecutor Judy Koech told the court that the investors are Investigating cases of conspiracy to defraud contrary to Section 317 of the Penal Code and obtaining money by false pretences contrary to Section 315 of the Penal Code.
Mwandiki was arrested on January 21, 2025 and detained at Kilimani Police Station following a report that was made by Fatuma Abdullahi Hassan.
Hassan reported that, in the month of November last year while in her Pangani home was approached by a well known person to her known as Hassan while accompanied by Mwandikwa and told her that they were in a position to change Kenya Shillings in to US dollars at affordable rate of Ksh 110 per one dollar.
The complainant was lured and taken to Kileleshwa in unmarked office where she was shown a huge safe box containing the purported USD currency.
Fatuma believed with the deal knowing she would make huge profits in the business, she went on to source for Kenya shillings where on diverse dates between November, 2024 and mid January 2025 she gave the respondent and his accoplices Ksh 40 million in cash in the aforementioned office.
Thereafter the complainant realized that she had been defrauded after making calls to the respondent without answering and finally he switched off his phone prompting her to seek for assistance and reported the matter at Kilimani Police Station.
The intelligence report indicates that the respondent and his accomplices has defrauded many innocent Kenyans in the non-existence USD currency exchange syndicate in the country.
The prosecution presented before the court that the respondent might interfere with Investigations if released at this stage and continue to defraud other people.
The Prosecution sought for time in the grounds that they have yet recorded the statements from key witnesses and Investigating the respondent ‘s accounts.
“Your honour we are yet to forward the suspect’s phone and sim cards to the forensic analysis at the DCI and we need time for the completion,” applied Koech.
The Investigators also want to review the CCTV cameras from the scene of crimes and take specimen signatures from the respondent and forward the same to the document examiner for analysis.
They finally prayed for time to record statements from unsuspected Kenyans who may have  fall in the non-existence USD currency.
The suspect prayed the court to release him on bond citing that he is not a flight risk,
“Your honour my place of abode is known and I am ready to comply with the rules to be set by the court. I am a father of three and they rely on me.”
In his brief ruling, the magistrate quoted article 49 of the constitution stating that the accused person has a right to be released on bail unless there are compelling reasons,
“No compelling reasons produced before the court that the accused person may be denied his right to liberty,” the magistrate said.
In determination, the magistrate released the respondent on Cash bail of KSh 250,000.
He further ordered the respondent to be reporting to the Investigating officer daily and whenever required until the Investigations are concluded.The matter will be mentioned on February 3, 2024.
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