Gospel artist Ringtone charged with Sh50 million Karen land fraud
The prosecution said the accused claimed that he had lived therein for a period of over two years, a fact he knew to be false.
Gospel musician Alex Apoko, popularly known as Ringtone, was on Thursday charged before a Nairobi court with defrauding a businesswoman of her parcel of land worth Sh50 million in Karen.
Ringtone, who appeared in court following a warrant of arrest, was charged alongside Alfred Juma Ayora that on or before February 28, 2023, at an unknown place, jointly conspired to defraud Teresiah Adhiambo Odhiambo of her land parcel number NAIROBI/BLOCK 99/142 measuring approximately 0.1908 Hectares.
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The prosecution said the accused did that by means of claiming adverse possession, claiming that he had lived therein for a period of over two years, a fact he knew to be false.
Ayora faced the second count on the same dates and place, he appeared before SM. Katonya advocate, a person authorised to administer an oath, falsely swore in an affidavit in a matter of public concern to the effect that he has resided on the disputed land for two decades.
He faced another count that in a judicial proceeding in the Environment and Land Court case, in which Ayora was the petitioner while Teresiah Adhiambo Odhiambo and the Chief Land Registrar were the respondents, in an affidavit knowingly gave false testimony that he had resided on Adhiambo's property.
The two appeared before Milimani principal magistrate Dolphina Alego and denied the charges.
The prosecution asked the court to deny Ringtone bail, saying he was a flight risk, having absconded from court since March.
The accused, however, pleaded with the court to be released on bail, saying he was sick and needed medical attention.
Alego remanded the accused until May 19, when a pre-bail report will be produced in court.
In April, the court issued a warrant of arrest against Ringtone after failing to appear in court.
Ayora was present on March 28 when the state pressed the charges against them and pleaded not guilty.
However, Ringtone did not show up. The court directed that he be present on Monday, April 14, to plead to the charges before pre-trial proceedings were to commence, but again, Ringtone failed to show up.
His lawyer, who introduced himself as Karanja, said Ringtone fell ill on Thursday, April 10 and was treated and discharged at the Nakuru County Teaching and Referral Hospital.
The musician's condition deteriorated on Sunday, April 13, in Nairobi, and he was rushed to Trinity Care Centre in Ngong, where he was admitted, his lawyer submitted.
Karanja presented in court documents purportedly showing the same, but the magistrate said they were not authentic.
"How do we know that John Mathenge, who has signed this document, is a doctor?" Alego asked.
The document from Trinity Care Centre was signed by Mathenge, who indicated he was in charge of the clinical department.
The court said the letter was not an original copy and that both documents from the hospitals in Nakuru and Ngong were inadmissible before the court.
"There is nothing, therefore, that shows why he is not in court," the magistrate said.
However, Karanja pleaded with the court to place the file aside and give his client time even to log in virtually from his hospital bed, but that request was declined.
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