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“Fraudster” Presents Proof of Mental Ailment to Court

The Prosecution has confirmed to a Kiambu Law court that medical documents for woman charged with defrauding a complainant of a total of 136,000,000 shillings purporting she could secure him tenders to supply military surveillance equipment were authentic.

Senior state counsel for the DPP Mr.Donnex Ongira told Kiambu senior principal magistrate (SPM) Ms.Stella Atambo that the medical documents had originated from Mathari referral hospital which confirmed that she had been treated at the health facility on various days prior to her arrest.

Joy Wangari Kamau alias Patricia Mareka had last week been arraigned in court and faced 7 counts of conspiracy to defraud, stealing, making a false document without authority and forgery, In a separate file, she faced 3 counts of obtaining money by false pretense, making a false document and forgery contrary to section 345 as read with section 349 of the penal code and impersonating a public servant.

When she was arraigned in court, her defence counsel Mr. Njau Kayai told the court that the accused was a patient at Mathari hospital and also produced medical documents to that effect. It was at this point that the prosecution applied for more time to verify the medical documents.

He also told the court that the accused had another case in Milimani law courts where she had absconded and was being sought for.

According to the charge sheet, the accused on diverse dates between 3rd January 2018 and 24th January 2018 within Nairobi county, jointly with others not before court conspired with intent to defraud by means of fake tender number STHSE/SUPLS/0451-404/2017-2018SH dated 9/01/2018 to steal one thousand two hundred laptops all valued at sh 96,000,000 the property of Charles Gathii Nganga.

In the second count, she was charged that on diverse dates between 18th January 2018 and 2nd February 2018 at Kothe Heights building in Kilimani area within Nairobi county jointly with others not before court, stole 1200 HP laptops all valued at 96,000,000 property of the complainant.

Count 3 stated that on 9th January 2018 at an unknown place within the republic of Kenya with intent to defraud jointly with others not before court without lawful authority made a certain document namely the tender document ref.no STHSE/SUPLS/0451-404/2017-2018SH dated 9th January 2018 purporting it to be a valid and genuine tender document for the supply of 1200 HP Laptops to state house.

In count 4, she was charged that on 9th January 2018 at an unknown place within the republic of Kenya, jointly with others not before court with intent to defraud, forged a certain document to wit tender document reference no STHSE/SUPLS/0451-404/2017-2018SH dated 9th January 2018 purporting it to be genuine and valid tender document signed by the alleged state house agent.

In a separate file, she was charged that on 23rd January 2018 and 17th October 2018 at Hurlingam area, Kilimani within Nairobi county,  jointly with others not before court with intent to defraud obtained 40,000,000 shillings from Charles Gathii Nganga by false pretending that she was in a position  to award him the tender number MOD/MSS/LS/CONFI/ 11/2018 to supply military surveillance system complete with equipment and logistic support a fact she knew to be false contrary to section 313 of the penal code.

In the 2nd count, she was charged that on 28th September 2018 at an unknown place within the republic of Kenya jointly with others not before court with intent to defraud forged a certain document to wit ref no MOD/MSS/LS/CONFI/ 11/2018 dated 28th September 2018 purporting it to be a genuine and valid tender document for the supply of security equipment for maritime surveillance for state department of defence contrary to section 357 (a) of the penal code.

Count 3 stated that on the 28th September 2018 at an unknown place within the republic of Kenya jointly with others not before court with intent to defraud forged a certain document to wit the tender document reference no. MOD/MSS/LS/CONFI/ 11/2018 dated 28th September 2018 purporting it to be a genuine and valid tender document signed by major general Fatuma Ahmed Gaiti.

In count 4, she was charged with impersonation that on 23rd January 2018 at State house in Kilimani within Nairobi county she falsely personated to be an employee of state house to the complainant and was in a position to award him a tender number MOD/MSS/LS/CONFI/ 11/2018 dated 28th September 2018 to supply military surveillance system complete with equipment and logistic support contrary to section 105 of the penal code.

She pleaded not guilty to all the counts and is being represented by Mr. Kayai who told the court that his client was a patient and was on medication. He told court that she had been seeing the doctor and returning home and that she had never been admitted to the hospital.

The magistrate noted that the defence or the family should have brought this to the attention of the court during the previous appearance in court. He added that his client was not a flight risk and that when she was said to have absconded court in another case at Milimani court and forfeited her cash bail of 100,000 shillings, she had gone to hospital.

Her case will be mentioned on November 5th since the one at milimani court will be mentioned on 1st November, 2019.

By  Lydia Shiloya

 

 

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