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A witness has told a Nairobi court how a Kamiti Maximum prison convict using his mother sent him money to purchase a parcel of land and build a house.
When he appeared before the Milimani Chief magistrate Susan Shitubi, Benard Otieno narrated how he was approached by the mother of a Kamiti Maximum prison convict Hesbon Nyamweya to search for a land for him.
Otieno, a farmer who hails from Homabay County told the court that a visitor approached him while at home at around March 2020, introduced herself as Pamela Akinyi and informed him that she was sent by her son Hesbon Onyango Nyamweya to look a land on his behalf that he could purchase.
He told the court that he knew Nyamweya some years back when he was employed by one of the villager to look after his livestock.
Pamela told Otieno that her son Hesbon was working very far and he could not come to look for a land by himself the reason he requested his help.
“She told me that Hesbon was working very far and he could not get permission to come and look for the land by himself,” Otieno told the court.
After a period of three months, a neighbor to Otieno, Peter Marcus Oswago informed him he intended to sell a portion of land and he informed Pamela the same where they met, agreed with the owner and first they bought one acre and later came to purchase another one acres.
The price agreed was Ksh 140,000 per acre. During the purchase process, Otieno represented Hesbon to sign the documents.
The money was sent to Otieno by Pamela Akinyi Wara and Cynthia Akoth Ouko via mobile phone.
After the full payment was done, Pamela enacted two houses in the land and left to Nairobi.
Another witness John Tauta, a land broker from Ongata Rongai also testified how he connected Pamela to a land seller where she bought two plots of land at a value of Ksh 1.4 million,
“I connected Pamela with the seller, they agreed on the price and paid the amount. Immediately after the purchase the construction of a story building began,” Tauta said.
The Investigations which was conducted by the Directorate of Criminal Investigations (DCI) Headquarters led to the re-arresting of a Kamiti Maximum prison defilement convict Hesbon Onyango Nyamweya and his mother Pamela Akinyi Wara.
They were jointly charged in court with conspiracy to steal.
On diverse dates between May and September 2020 with others who were not before court stole Ksh 7,656,500 from Purity Karambu Laird.
They were also charged with money laundering contrary to Section 3(b) (1) as read together with Section 16 of the POCAMLA ACT 2009.
The mother and her son were charged that between May 1 and September 17, 2020, jointly with others who were not in court unlawfully disposed monies stolen from Purity Karambu Laird, engaged in a transaction to conceal the forementioned monies whilst knowing it was proceeds of crime.
Nyamweya further was charged with other counts of cheating.
Separately, Wara was charged with the offences of stealing and handling of stolen properties contrary to Sections 268(1) as read together with Section 275 of the Penal Code and 322(1)(2)of the Penal Code respectively.
In the said period of time Wara dishonestly undertook the retention of Ksh 7,656,500 knowingly or having reason that the money was acquired through theft.
Nyamweya is serving his defilement sentence in Kamiti Maximum prison as the hearing of the current matter continues while his mother, Wara is in remand at Langata Women’s Prison awaiting the determination of the case.
The hearing will proceed on April 10, 2025.
