City politician Steve Mbogo’s sister Jennifer Mbogo and her husband have written to the Director of Public Prosecutions Noordin Hajji to stop the Sh18.5 million fraud case against them claiming that the matter ought to be a civil dispute.
Ms Mbogo has been charged alongside her husband Nathan Lloyd Ndung’u with conspiracy to defraud, obtaining money by false pretences from a firm and 13 counts of issuing the firm bad cheques.
The two are jointly accused of conspiring to defraud Ezetel Kenya Limited of the money, falsely pretending that as directors of Avo-veg Health Kenya Limited, they were in a position to partner with the firm to finance an avocado export business.
But through lawyer Cliff Ombeta, the duo says that the case arises from a civil matter and accused two officers from the Directorate of Criminal Investigations [DCI] Nairobi area head offices of harassments and professional misconduct.
“After our clients were granted bond by the court on July 20, officer of DCI Nairobi Area offices, unhappy that our clients had been granted bail despite their opposing it, bundled our clients back to Kilimani police station and locked them for an extra night, in total disregard that our client had deposited the cash bail of Sh200,000 each and had release orders,” Ombeta said.
“They were now wards of the court. This was malicious and was intended to frustrate and intimidate our clients.”
The bail and bond terms were granted by senior principal magistrate Bernard Ochoi of Milimani law courts.
The two want the DPP to recall the file from the DCI and review it for fresh considerations.
“It will be prudent for your office to call for this file from the DCI Nairobi area to clarify the issues raised and confirm whether you still intend to proceed with the matter as it is. This was a civil matter. Turning it into a criminal case was malicious and was done in bad faith,” they said.
The matter arises out of loans to finance the export of avocados through the couple’s firm – Agro-Veg Health Kenya Limited in partnership with the complainant.
They are accused of issuing the 13 bouncing cheques of Sh990,000 on March 28.
The two were charged with drawing the cheques for SBM bank in favour of Ezetel Kenya limited when they had previously instructed the bank not to honour the said cheques, with intent to defraud.
But in the complaint to Haji, the two said the cheques cited in the case were postdated and not current as “as it was made to appear in the charges” and the intention of committing the offence of fraud is absent and therefore not a criminal offence.
“Our clients have proof that Sh6.5 million was a personal loan and that one the director Melvin Ndung’u acknowledges having received Sh1.4 million from our clients as part of the profit in advance. How then is this a criminal case?” Ombeta poses.
Ombeta said the DCI officers investigating the matter have harassed his clients to the limit and acted unprofessionally and with total malice.
The duo intend to sue the DCI officers for professional misconduct and abuse of powers.
Ombeta said the two kept pressing his clients to give out the title deed of the business premises or the vehicles as securities for the loan and using excessive force during their arrest.
“The manner of arrest of our clients by the DCI officers was totally uncalled for in public and by show of force that was totally unnecessary using arms to threaten citizens who were peaceful; and unarmed and forcing them to lie on the ground in public. This was intended to scare and harass them,” Ombeta said.
Credit: Source link