Mr Nicholas Otieno Abong'o and his wife Precious Wavinya Mbindyo before Kilifi Principal Magistrate Ivy Wasike on February 11, 2025.
A Kilifi court has established how a man facing a string of fraud cases involving land transactions walked right into the hands of detectives after his wife’s arrest.
Mr Nicholas Abong'o was placed in custody on February 3, after he went to the Kilifi Directorate of Criminal Investigations (DCI) offices to attempt to release his wife Precious Mbindyo who had been arrested a day earlier.
Ms Mbindyo was arrested when detectives came calling on Mr Abong'o who fled. This was after Kilifi lands registrar Billow Mohamed complained to DCI when he flagged a fraudulent land transaction in his office that was allegedly being processed by Mr Abong'o on Friday, January 31, 2025.
Last Friday afternoon, Kilifi Principal Magistrate Ivy Wasike declined to release Mr Abong'o on bond or cash bail following prayers by the DCI through the prosecution.
Ms Wasike said the prosecution stated that they had difficulties tracing Mr Abong'o with regards to complaints raised against him, and it was not until they arrested his wife that he went to the DCI offices and assaulted and injured officers in a bid to have her released.
According to Ms Wasike, although his charges are serious offences, they are not grounds to deny him bail but the suspect had proven himself as slippery and a potential threat to witnesses and complainants.
“The prosecution stated through the investigating officer that tracing him was difficult, and it was only when they managed to trace the 2nd accused (Ms Mbindyo) and arrest her that he went to the DCI office to demand her release and in the process, assaulted officers,” she said.
Ms Wasike stated that the complainant, a person with disability (PWD) is now fearful after Mr Abong'o went to the DCI offices and attacked the officers.
The magistrate stated that Mr Abong'o had not shown that he would not interfere with the victim and witnesses who were afraid of him because of his conduct.
Further, Ms Wasike said he had not shown or stated that he would not breach public order, peace or security.
"The 1st accused is out on bond in other matters but has been arraigned with charges in this matter which shows his antecedents," she added.
Mr Abongo and his wife Mbindyo were charged earlier last week with 10 fraud offences and impersonating an advocate of the High Court.
According to the prosecution, Mr Abongo's criminal behaviour when he is out on bond in other cases outweighs his right to be released on bond or bail in the interest of the public.
However, his wife was given Sh250,000 bond with one surety of a similar amount.
Investigating Officer Dennis Mutoka swore an affidavit and stated that Mr Abong'o had committed serious offences involving land, an emotive issue in Kilifi County.
Tamper with evidence
Through Prosecutor Nancy Njeru, the Investigating officer said Mr Abong'o had committed the current offences while out on bond in other offences.
She said Mr Abong'o hampered the cause of justice and is likely to tamper with evidence.
Ms Njeru told the Court that Mr Abong'o was a security risk to the complainant and that he was putting lawyers’ work in disrepute.
In her ruling, Ms Wasike noted that she had found compelling reasons to deny Mr Abong'o bond or cash bail.
“I am inclined to agree with the prosecution that the safety of the victim is at stake at this time at any reasonable man would be in the context that the person one has complained about could assault police officers in their offices,” she said.
Ms Wasike said she was not in dispute that Mr Abong'o was facing other charges at the Kilifi Chief Magistrate’s Court, one being similar to the current matter before her court and sexual offences, which is also serious and was out on bond in both cases.
She said the act by Mr Abong'o to continue committing crimes even when he is out on bond was undermining the rule of law.
Mr Abongo has two ongoing cases of fraud in obtaining Sh1.2 million by pretence and stealing.
“Whereas the 1st accused (Mr Abong'o) has not been found guilty in the matters and has been attending court religiously, the continued complaints against the accused leading to charges and cases when he is out on bond is disturbing public order and undermining the rule of law.
“There is a need for an accused to preserve public peace and security and not disturb public order,” she added.
Accused of stealing
Additionally, she said that before the court, a miscellaneous case was filed regarding another complaint against Mr Abong'o, accused of stealing.
In an affidavit by Investigating Officer Dennis Mutoka, the suspect instructed his accomplice Beauty Kasichana to present the land document title number Kilifi/Uyombo/543 registered under Mr Maclean Mbui R Mwavita accompanied by transfer documents, including Form LRA-39, with the intention of transferring the land to eight other people.
The eight mentioned in court documents are Mr Robert Mbui, Grace Ninyemi, Richard Mwangome, Shadrack Mbui, Miriam Chinyavu, Sarah Mbodze, Lydia Nyadzua, and Edgar Mwarumba.
Mr Mutoka said they arrested Ms Beauty Kasichana and booked the matter at the Kilifi Police Station.
He informed the court that the detectives commenced an investigation, and on reviewing the documents, it was noted that the respondent Nicholas Abong'o has been practising as an advocate without requisite qualifications.
Mr Muthoka said they searched Mr Abongo’s offices at the KITECO building in Kilifi town and recovered several items, including assorted court and land transfer documents, a stamp belonging to a Kilifi advocate and others for different institutions.
