US based couple and also bishop’s charged with Sh 15M fraud,now wants to stop the criminal case.
A couple and also Bishops based in US and charged with Sh 15M fraud are seeking to stop that criminal case.
Appearing before magistrate Robinson Ondieki of Milimani Law Courts,the accused David Nyamasyo and Monica Ndunge says the matter is civil in nature.
They have recently launched a Sh 1billion by the name Kitonga Garden Resort(KGR) 6in Machakos and now they have brought in lawyer Dan Maanzo who insists that the matter is civil and should be handled by higher court.
They however did not produce any stay order in court but they said they have filed an application at the high court to stop proceedings.
“We have appeared before the court seeking to stop the criminal proceedings at the lower court”added Maanzo.
The two who were charged recently rushed to the high court after they were charged to stop proceedings claiming that they have paid complainant Gabriel Njenjere Chokera around 15M.
They were charged that on diverse dates between September 1,2023 and October 2023 at Mbiuni in Machakos county with intent to defraud,joinlty obtained from Gabriel Njenjere Chokera wooden Tng timber valued at Sh 15,199,240 by falsely pretending that you were in a position to pay a fact you know to be false.
The matter is being heard by the high court judge Mwita Chacha where the couple says it is civil in nature.
The matter will proceed on September 9,2024.
They said that they also want to pursue an out of court settlement.The court has barred the couple from harrasing the victims.
They argued that they have a right of negotiations under Article 149.
It is alleged that there are other complainants who were also conned and have reported the matter.
It is said that there is a painter who lost Sh 430,000,a plumber around 480,000.Other workers are demanding Sh 5M and others Sh 2.8M
The couple are said to be in a con game.