A former Kenya Defence Forces soldier has been charged at a Nairobi court with obtaining goods worth Sh 4 million with false pretences.
Samuel Ouko Rangwa denied the two counts of conspiracy to defraud and obtaining which were levelled against him.
He was charged that on diverse dates between December 6 and 11, 2023 at Nairobi City within Nairobi county jointly with others not before the court conspired to defraud Caroline Mwoni Amusala of goods worth Sh 4,026,700.
The court heard that Rangwa obtained 600 sacks 25 kilograms each of rice and 500 jerricans 20 litres each of cooking oil all valued at Sh 4,026,700.
In the second charge, the prosecution told the court that with false pretences, Rangwa obtained the said goods from the complainant by pretending it was a genuine agreement between her and Kenya Veterans for Peace for the supply and delivery of the said goods the fact which was false.
He appeared before the Milimani chief magistrate Bernard Ochoi and denied the two charges against him.
The state prosecutor James Gachoka applied for the accused to be denied bond citing that the accused is a flight risk and he had been dishonoring summons by the Investigating team since February this year until they went and arrested him,
“I apply for the a caused be denied bond since the accused is a flight risk. He was severally sermoned by by the Investigating officer and disobeyed,” Gachoka pleaded with the court.
Gachoka also added that the accused had been moving in and out of the country and they feared he might escape and abscond if released on bond.
The prosecution also alleged that the money which was obtained was used as a facilitation while outside the country.
He further added that the accused has not provided his travel documents as an assurance that he will be availing himself in court for trials.
In response, the accused denied having received sermons from the Investigating officer claiming that he has never been involved in the foodstuffs business,
“Your honor I believe this charge was not preferred for me since I have never received any sermon nor got involved in business or any deal relating foodstuffs,” Rangwa vehemently denied.
He further denied the fact that he is a frequent traveller upcountry and told the magistrate that the last time he travelled outside the country was in the year 2001, which was an official journey to Sierra Leone for peacekeeping,
“Your honor my last time I traveled outside the country is in 2001 and since then I have been in the country,” he told the court.
In his brief ruling, the magistrate noted that bail and bond are constitutional rights to the accused unless there are compelling reasons.
The magistrate also noted that the allegations by the Investigating officer that he ignored the sermons were not collaborated with documents indicating the dates of the sermons.
He further said that no proof submitted before the court indicating the travel history of the accused,
“Those facts provided by the prosecution are not convincing to deny the accused person his right to liberty,” said the magistrate.
He released him on a bond of Sh 1 million with a surety of the same amount or alternative cash bail of Sh 500,000 with one contact person.
He was further ordered to deposit his passport in court.
The matter will be mentioned on August 13, 2024, for pre-trial and directions.
