A Nairobi chief magistrate’s court released a 75-year-old woman accused of conspiring to defraud businesswoman Agnes Kagure Kariuki of land valued at Sh200 million.
Ruth Wambui Kimani was freed on a bond of Sh1 million or an alternative cash bail of Sh100,000 after Principal Magistrate Rose Ndubi ruled that her application for lenient terms was merited.
Wambui faces two counts conspiracy to defraud and making a false document contrary to the Penal Code.
According to the charge sheet, on unknown dates within Kenya, she jointly with another person not before court, conspired to defraud Kagure of land parcel L.R No. 209/4843/10 (IR No.15372) located along Jogoo Road in Nairobi and measuring approximately 0.3252 hectares.
She is also accused of making a false national identity card, in the name of Francis Kimani Mungai, purporting it to be a genuine document issued by the National Registration Bureau.
Through her lawyer, Wambui sought release on reasonable bond terms, saying she is the administrator of her late husband’s estate, which includes the disputed property.
The defense told the court that she had already filed a case before the Environment and Land Court (ELC) seeking cancellation of the title deed in favour of the complainant and had followed due legal process.
Her lawyer further informed the court that she is a law-abiding citizen, suffers from diabetes and hypertension, and is not a flight risk.
She was arrested on Friday and released on a police bond of Sh100,000 before being arraigned.
The prosecution opposed lenient bond terms, arguing that the issue of her being an administrator did not appear in the charge sheet and that the criminal case was separate from the land matter before the ELC.
The prosecutor added that the court should balance the rights of both the accused and the complainant, alleging that the complainant had allegedly lost property worth Sh200 million.
The matter will be mention on December 8, for pre-trial purposes.
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