Court Orders Hearing for Politician in Ksh 1.6M Fraud Case to Proceed After Adjournment Delays

The hearing in which a Kisii politician, Credius Nyamwange Oigara, is charged with defrauding a city businessperson of Ksh 1.6 million will proceed on Friday after the plea for an adjournment by the defence.

Nyamwange, contesting for the Bomachoge parliamentary seat, was charged last September with obtaining the money from James Njukia Ihura by false pretence.

The matter was supposed to kick off for a hearing today, but failed because the accused’s lawyer is unwell.

The lawyer holding the brief requested the court to adjourn the matter while the defence lawyer recovered and appeared to defend the accused.

Before the court, the complainant urged the court to decline the application, considering that the matter had been adjourned several times, delaying justice from being served against him.

“Your honor, I request this court to decline the application by the defence, considering it is almost a year since the matter came to court and the hearing has never commenced,” Ihura told the magistrate.

He added that, considering his advanced age, he has occasionally struggled to come to court for justice, but the hearing has never commenced.

The prosecution concurred with the complainant’s application and urged the court to decline the adjournment plea.

In determining the case, Milimani senior principal magistrate Benmark Ekhubi considered the parties’ application and noted that the matter had been adjourned several times, and justice was delayed and denied.

“I have considered the application by the complainant on the issue of adjournment, and by considering his sentiments, and for justice to be served, the matter will proceed for the hearing on Friday,” the magistrate ruled.

Oigara was charged that on various dates between April 13 and 15, 2023, in Nairobi County, he conspired to defraud Ihura, who trades as Manyota Investment Limited, by pretending that he was in a position to effect an eviction order issued by Mavoko Law Court regarding case E057/2022, a fact that he knew was false.

Oigara was charged that on various dates between April 13 and 15, 2023, in Nairobi County, he conspired to defraud Ihura, who trades as Manyota Investment Limited, by pretending that he was in a position to effect an eviction order issued by Mavoko Law Court regarding case E057/2022, a fact that he knew was false.

He was also charged with obtaining money by pretence contrary to section 313 of the Penal Code and posing to be an advocate of the High Court.

The court heard Nyamwange obtained Ksh 1,600,000 from Ihura on diverse dates between April 5 and 15, 2023.

To accomplish his mission, the prosecution told the court that Oigara posed as an advocate of the High Court on April 5, jointly with another who was not in court.

The hearing will proceed on Friday.