Car dealer detained longer in Sh3.8m fraud case

Patrick Olindah Aswani at the Milimani Law Courts on October 23, 2020 on allegations of defrauding his clients of more than Sh3.8 million.

Photo credit: Richard Munguti | Nation Media Group

What you need to know:

  • Mr Patrick Olindah Aswani, the proprietor of Autobiz Solutions had been on the run but was arrested and produced before Milimani Senior Principal Magistrate Bernard Ochoi.
  • Mr Ochoi ordered Mr Aswani detained at Central Police Station to enable police tie loose ends in their investigations in both cases.

A car dealer charged with defrauding his clients of over Sh3.8 million will remain in police custody until a Kibera court clears him in a similar case.

Mr Patrick Olindah Aswani, the proprietor of Autobiz Solutions, had been on the run but was arrested and produced before Milimani Senior Principal Magistrate Bernard Ochoi on Friday.

Mr Aswani denied defrauding four clients of various amounts of money, pretending he would import cars for them from Japan between 2015 and 2020.

He faced four charges of defrauding Rahab Chepkemoi Nang’ole, Emmanuel Kimutai Sogomo, Damaris Achieng Okuto, Faith Wacuka Mwai and Vincent Imbayi of amounts amounting adding up to over Sh3.83 million.

The monies were reportedly obtained between September 19, 2017 and April 6 this year.

Aswani’s plea

Mr Aswani, who was represented by lawyer David Ayuo, denied defrauding Ms Nang’ole of Sh1.5 million by pretending he would import a Mitsubishi Outlander for her from Japan.

He allegedly conned Mr Sogomo out of Sh1,593,087, pretending he would import two Nissans for him.

From Ms Okuto, he allegedly pocketed Sh1,325,000 claiming he would import for her a seven-seat Toyota Vanguard 4WD.

The accused also denied defrauding Ms Wacuka and Mr Imbayi of Sh830,000 and Sh200,000 respectively.

The prosecution opposed an application for the accused to be freed, saying he is a flight risk.

“Since November 2019 I have been having warrants of arrest against the accused issued by the Kibera Law Courts,” a prosecuting counsel told Ms Ochoi.

The magistrate was urged to decline the bail request until the accused is cleared by the Kibera court in a case in which he absconded.

The ruling

Mr Ochoi directed Mr Aswani to clear the Kibera court matter before seeking release on the fresh indictments.

“Although bail is a fundamental right as stipulated under Article 49 of the Constitution, it is not absolute if compelling reasons are presented for a suspect's freedom curtailment,” he said.

Mr Ochoi ordered Mr Aswani detained at Central Police Station to enable police tie loose ends in their investigations in both cases.

The case will be mentioned on November 2.