Suspect who defrauded Eastleigh businessman electronics worth Sh618,000 to remain in custody

A suspect who allegedly defrauded an Eastleigh businessman of electronic goods worth Sh618,000 while falsely claiming he was able to pay, will remain in custody until Thursday as the court rules on his bail application.

Ahmed Ali Mohamed will be held at the Nairobi Area Remand and Allocation Prison in Industrial Area after denying charges of obtaining the goods from Ahmed Abdi Hassan by false pretences.

He is accused of committing the offence contrary to Section 313 of the Penal Code.

The suspect is alleged to have received the goods at Garissa Lodge, Eastleigh, Kamukunji Sub-county, on diverse dates between June 15 and July 15, 2024.

According to the charge sheet, Ali obtained the items from Abdi while pretending he would pay for them after delivery to his customers, knowing this to be false. He had allegedly promised to make payment within one month, but subsequently began evading the complainant.

In an affidavit filed at the Makadara Law Courts opposing bail and bond terms, Corporal Hillary Kisoi of Pangani Police Station stated that the complainant’s demands for payment were met with direct threats to his life and safety issued by the suspect.

However, Ali’s lawyer, Pharis Mbugua, dismissed these claims, telling Senior Principal Magistrate Joseph Karanja that the Office of the Director of Public Prosecutions (ODPP) had reviewed the case and rejected the threat allegation due to a lack of sufficient evidence, recommending instead that the suspect face only the fraud charge.

Cpl Kisoi further stated that the suspect failed to honour a summons issued by the Officer Commanding Crime (OC Crime) at Pangani Police Station. He alleged that armed men, believed to be members of the outlawed Superpower Gang, stormed the complainant’s business premises while Ali was away.

"On March 28, the suspect orchestrated an attack on the complainant’s business using members of the outlawed Superpower Gang, who came armed with pangas. Fortunately, the complainant was not present, and they left a warning to stop pursuing the matter and to withdraw the complaint," Cpl Kisoi stated in the affidavit.

The officer also claimed that Ali was found in possession of a vehicle registration number KDR 795W—believed to be proceeds of crime, contrary to Section 4(c) as read with Section 16(1)(a) of the Proceeds of Crime and Anti-Money Laundering Act.

In response, Mbugua urged the court to disregard the claim, noting that no material evidence had been provided to prove that the vehicle belonged to his client. He asked the court to grant lenient bail and bond terms, offering to deposit Ali’s passport in court as a guarantee.

Cpl Kisoi also noted that the suspect had a plane ticket to São Paulo, Brazil, with a connecting flight via Istanbul, Türkiye—suggesting that he is a potential flight risk.

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