Court Sentences Man to Prison for Multiple Counts of Insurance Fraud
"After considering the mitigation presented by the accused person, I have noted that he is not a first-time offender and I am convinced that he deserves a custodial sentence," the magistrate indicated.
A man who was charged with falsifying the insurance reimbursement claim amounting to Ksh 302,000 has been sentenced to serve two years in prison if he fails to pay a fine of Ksh 200,000.
Milimani Senior Principal Magistrate Benmark Ekhubi sentenced Ian Njuguna after being convicted of 10 counts of insurance fraud, forgery and obtaining money by pretence.
While delivering the sentence, the magistrate indicated that they had considered the mitigation presented by the accused person,
“After considering the mitigation presented by the accused person, I have noted that he is not a first-time offender and I am convinced that he deserves a custodial sentence,” the magistrate indicated.
He proceeded to consider the pre-bargain sentence made by the accused seeking a non-custodial sentence after pleading with the prosecution to work hand in hand with investigators and disclose how the insurance fraud, which has become rampant, is conducted.
“I also consider the pain his mother is going through, aiming to dispose of her parcel of land to pay a fine in exchange for your release,” the magistrate added.
Though the court wanted to give the accused another chance, the magistrate was insistent on the fact that this was a repeated offence,
“The accused person has been convicted in another court, where he was fined, failure to which resulted in a custodial sentence. By considering your conduct and the decision made by the other court, I will give an option of a fine, failure to which you will serve a custodial imprisonment,” the magistrate said.
In determination, the accused was fined Ksh 200,000 in default to serve two years in prison.
Further, the court pardoned him in the tenth count under Article 351 of the Penal Code, where he had obtained Ksh 280,000 by pretence.
The court also urged Njuguna to reform, stating that crime does not pay.
Njuguna, who has been in custody, was convicted by another court in August this year with similar offences of insurance fraud and was fined Ksh 600,000 in default to serve two years in prison. In this case, he was facing five counts of attempting to obtain money by pretence and making false documents.
He was charged that on or before August 27, 2024, at CIC Group Insurance Company head office, Nairobi, within the Republic of Kenya, with intent to defraud, willfully and unlawfully presented false documents for Baragoi Catholic Nursing Home (BCNH) and a false police abstract.
The court heard that Njuguna presented a discharge summary for inpatient number 59303-24 for Baragoi Catholic Nursing Home and a police abstract for OB number 36/23/08/24 from Baragoi Police Station purporting to have been admitted at the facility after being involved in a road accident on August 23, 2024, along Horr-Sutai Road. He lodged a reimbursement claim of Ksh 302,150 to CIC Insurance Company, claiming to be the expense incurred for treatment, which is a false claim.
He was also charged with making a false discharge summary for inpatient number 296/2024 for Baragoi Catholic Nursing Home in the name of Ian Njuguna, purporting to have originated from the said facility, which was a false fact.
The accused was further charged with making an official receipt number 59303-24 for (BCNH) for inpatient number 296/2024 under his name and police abstract for OB number 36/23/08/24 purporting it to have originated from Baragoi Police Station.
In another count, he was charged with attempt to obtain money by pretence at CIC Group Insurance Company Head office, being the policy holder for policy number C16338700, he attempted to obtain Ksh 302,150 as reimbursement for expenses incurred during admission at BCNH after the purported accident.
