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Mohammed Ahmed found guilty of fraudulently obtaining Sh59,000 by a Nairobi court

A Nairobi court has convicted a man with the offence of obtaining Ksh 59,000 by false pretences contrary to Section 313 of the Penal Code.
Mohammed Ahmed Mohammed was convicted by the Milimani Chief magistrate Lucas Onyina for commiting the said offence on diverse dates between October 23 and November 15, 2022.
He was found guilty of obtaining Ksh 59,500 from Mohamed Abdi Jeho by falsely pretending that he was in a position to facilitate the release of Akhat Khalif who was a captive then a fact which was a false.
While convicting him, the magistrate said that the prosecution had proved beyond reasonable doubt that the accused person obtained the said money from the complainant
The court further acquitted him in the offences of demanding money by menaces and trafficking of persons after the prosecution’s failure to prove the offence.
The defence lawyer pleaded with the court for leniency seeking a non-custodial sentence citing that the accused has been in remand for the last 18 months,
“Your honour the accused has been in remand for the last 18 months and I would ask this court to consider the same while passing the sentence,” the defence lawyer said.
He also told the court that the accused is a father of four and the sole bread winner where the family is still suffering since his apprehension in June 2023.
The prosecution told the court to consider the accused as a first time offender without a past criminal record.
The magistrate directed the pre-sentence report be availed before delivering the sentence on January 22, 2025.