Nairobi car dealer charged with Sh2.3million fraud

A Nairobi based car dealer Eric Wabwire Ilode alias Elmanda Musyoki alias Philip Masinde alias Evans Otieno was today charged before a Milimani Law Court in Nairobi over alleged Sh2.3million fraud.

Wabwire defrauded Ian Kiaraho Njuguna by obtaining Sh2.3million by false pretences claiming that he was in a position to sell him a motor vehicle, Toyota Prado.

Police Constable Sammy Shamalla who is attached to the Director of Criminal Investigations Parklands submitted before the Milimani Principal Magistrate Gilbert Shikwe to have the suspect detained for ten days pending completion of investigations but the court denied the plea.

Instead, he was released on a Sh100,000 cash bail.

In his ruling, the magistrate considered the submissions by the defence and the prosecution noting that bond is a constitutional right unless there are compelling reasons to deny the same,

“Noting the submissions, bond is a constitutional right unless there are compelling reasons. In this case there are no compelling reasons to hold the accused in custody for the period sought.” The Principal Magistrate ruled.

Shamalla told the court that the complainant who was interested to purchase a motor vehicle make Toyota Prado called the number that was provided on Instagram account in the name of Azam Motors Limited.

The number was received by the individual who introduced himself as Philip Masinde, a car dealer.

He inquired the availability of the Prado which the suspect confirmed to him that the motor vehicle was available in the showroom.

Philip informed the complainant, Kiaraho, that the vehicle would cost him Sh6.2 million where he was required to make a deposit of Sh2million and a motor vehicle would be handed to him and clear the balance later.

On December 4, 2024 the complaint made the first deposit of Sh50,000 through M-pesa to a bank account provided domiciled at Bank of Africa in the name of Evans Otieno Ongonya and on the following day he made other deposits in the same account,

“After the complainant surpassed the agreed amount of Sh 2 million he was to receive the vehicle on December 7, 2024.” Shamalla told the court.

On reaching the suspect on the phone he told the complainant that he had been defrauded and that he was already a prisoner at Shimo La Tewa GK Prison serving a life sentence for killing his girlfriend and no more punishment would supersede what he had.

To that juncture the complainant remained counting loss amounting to Sh2.3 million.

Preliminary Investigations by the DCI revealed that the suspect had opened an Instagram account in the name of Azam Motors Limited which is a proxy account he had been using to defraud members of the public.

The officer pleaded with the court to be granted 10 days to have the suspect in custody to allow him to conclude Investigations citing that he has no known place of abode hence poses a flight risk.

He also told the court that the suspect did not produce any identification document and therefore they are waiting for the report from the National Registration Bureau after the examination of the forwarded elimination fingerprints to establish his identify,

“Your honour we made recoveries of eight mobile phones with several sim cards, among them the main fraudulent line and a handset in possession of the respondent which are yet to be submitted for forensic analysis.” Shamalla said.

The officer further stated that their analysis revealed that there are more suspects who are still at large that forms a fraud syndicate which can harm the respondent on suspicion of revealing their hiding places.

The defence lawyers Kamau waweru and Nduku Njagi vehemently opposed the application by the officer citing that no compelling reasons given to warrant the detention of the suspect for 10 days,

“Your honour bond is a constitutional right as cited by Article 49 of the constitution unless there are compelling reasons to deny the same.” Waweru submitted.

The lawyer told the court that the said mobile phones belongs to the suspect, his wife and children.

Negating the submissions by the officer that his real identity is unknown, he told the magistrate that the suspect was intercepted going for a shopping accompanied by his wife and he had not carried his identification documents.

The matter will be mentioned on January 6, 2025.