A 60 year old man has been denied bond by a Kiambu court after he pleaded not guilty to 11 counts of impersonating an advocate of the high court to fraudulently obtaining over 2.5 million from litigants in various courts.
He was arraigned before Kiambu Chief Magistrate Ms. Patriciah Gichohi on Friday and charged with the offences but denied all the charges.
Ethan Kamau Njagi was charged that between the months of November 2019 and August 2020, in various courts, with intent to defraud, he presented himself to be an advocate of the high court trading as E.K.Njagi & company advocates, a fact he knew to be false.
Count 2 stated that between November 2019 and August 2020, within Nairobi and Kiambu Counties with intent to defraud, he obtained 1,300,000 shillings from Stephen Githuku Kinuthia by falsely pretending that he was an advocate of the high court in Kenya and would represent him in a land matter at Milimani law courts, a fact he knew to be false contrary to section 313 of the penal code.
According to count 3, he unlawfully obtained 500,000 shillings from Fredrick Gichuhi Njenga purporting that he could represent him in a succession case at Kikuyu law courts while in count 4 he obtained 400,000 shillings from Simon Ngigi Kamau pretending that he could represent him in a land matter at Milimani law courts.
In count 5, he was charged that between the months of August 2018 and August 2020, within Nairobi and Kiambu counties, he unlawfully obtained 150,000 shillings from Justus Atieri Malunda pretending that he could represent him in a court matter at Milimani law courts.
Count 6 Stated that he obtained 70,000 shillings from Samuel Machira Mugai,while count 7 stated that he obtained stated that he 45,000 from Julius Ndiritu Kabochi purporting that he could do land registration for them at the ministry of land, a fact he knew to be false.
According to count 8 he was charged that on 15th December 2018, at an unknown place within the republic of Kenya, with others not before court, with intent to defraud made an application for a registration document purporting to be a genuine document from ministry of Lands, a fact he knew to be false.
In count 9, he was charged with fraudulently uttering a false document on 4th September 2019 at Kiambu Township to Fredrick Gichuhi Njenga purporting it to be a genuine document from the ministry of lands, a fact he knew to be false contrary to section 253 of the penal code.
The accused in count 10 was charged that on June 22nd 2020, at an unknown place within the republic of Kenya with others not before the court, with intent to defraud made a court order purporting it to be genuine court order issued by the environment and land court Thika in ELC Case Number 40 of 2020, a fact he knew to be false. In count 11, he was charged that on 23rd June 2020 at Kiambu Township he knowingly uttered a forged court order to Fredrick Gichuhi Njenga purporting it to be a genuine court order issued by Environment and land court Thika in ELC CASE NO.40 of 2020, a fact he knew to be false.
He was represented by Kevin Seda who pleaded with the court to release his client on reasonable bond terms as he was in the category of vulnerable people to be in custody.
For the ODPP, Senior state counsel Christine Mbevi advised the court to detain the accused in custody saying he had continued to commit more offences while on bond in other case.He even absconded a case in Kangema law court and a warrant of arrest was issued for him, she told the magistrate. She added that he also had similar cases in Machakos and Milimani law courts and that he should be denied bond.
After considering the application made by the defence counsel and the prosecution, the magistrate denied him bond and remanded him in custody. She however ordered that he be accorded medical attention following his counsel’s concern that he was not feeling well.
She fixed the hearing of his case for November 12th this year and the mention for 4th October.
By `Lydia Shiloya