A Standard Chartered Bank cashier has been charged at a Nairobi court with conspiracy to defraud Seraph Engineering Limited by opening an account purporting it to be the company’s genuine account.
Lucy Wamaitha Githaiga appeared before the Milimani Principal Magistrate Rose Ndombi and denied the charges levelled against her.
The court heard that on March 10, 2021, at an unknown place within the republic of Kenya jointly with another who has already been charged in court conspired to defraud Patrick Mweti John by opening a bank account bearing the name of the company where he is a director.
The prosecution told the court that one of the directors of Seraph Engineering Limited who is already charged in court conspired to defraud the company by opening the said account at Standard Chartered Bank pretending it to be a genuine account for the company.
The defence lawyer pleaded with the court to defer the plea until next week on Monday by citing that the charge against Wamaitha is ambiguous since the account was in the name of the company but not in the name of the director,
“Your honor the charge sheet before this court is not clear in who is the complainant in this matter. The accused opened an account bearing the name of the company not individual name,” the lawyer pleaded.
The lawyer added that both the company and the directors have been charged since the alleged complainant is a director in that company.
In response, the state prosecutor said they had not given any restrictions for the accused not to take a plea or amendment of the charge sheet,
“I had no instructions on the issue of amending the charge sheet since it indicates clearly who is the complainant in the matter despite being the director of the company,” he said.
In directing on the issue of plea taking, the magistrate ordered that the issue raised objecting to proceed with taking of plea can be addressed at later stages during the trial,
“The issues raised by the defence objecting the plea taking can be addressed later during the proceedings of the matter and the counsel be at liberty to do so,” said Ndombi.
The lawyer further pleaded with the court for leniency on bail terms citing that the offence is just allegations without any figures.
He told the court that the matter had been under investigation since 2021 and his client was arrested yesterday,
“I wish to inform this court that this matter has been under investigation since 2021 and my client has been cooperating. She was called yesterday by investigators and presented herself where she was arrested,” he said.
He urged the court to grant her lenient bond terms citing that she will comply with the rules to be set by the court.
The lawyer acting on behalf of the victim urged the court to give stringent terms since the offence is very serious,
“The court should apply stringent terms so that the complainant may not feel ridiculed,” he said.
He told the court that his accomplice was charged earlier and he was released on bond of Sh 2 million and alternative cash bail of Sh 500,000.
The lawyer pleaded the same terms be applied in the current matter.
The prosecution did not oppose her release but pleaded the terms commensurate with the offence.
The court proceeded to free her on a bond of Sh 1 million with a surety of the same amount or alternative cash bail of Sh 300,000 with one contact person.