A Muslim clergy has been charged with the offence of obtaining Ksh1.8 million by false pretence from an Oman national.
Sheikh Mohammed Alhadi Ahmed pleaded not guilty to charges of obtaining the money from Said Saif Salim by falsely pretending that he was in a position to purchase him eight acres of land in Malindi.
Salim who appeared before Shanzu principal magistrate Yusuf Shikanda on Monday, July 15, 2024, in his sworn testimony informed the court that he had met the clergy in Oman where he was preaching and they became friends.
“I believed him because he is a Sheikh, a man of God. We became friends since he often visited Oman in line with his work as a Muslim clergy I had known for one year before he convinced me to buy land,” he stated.
Transaction documents
The state produced documents of transactions indicating that over Ksh1.8 million had been sent to the suspect in 2021.
Salim informed Shikanda that upon enquiring about the purchase of land, the suspect blocked the complainant and he was forced to report the matter at Malindi police station. However, no action was taken against the suspect.
“He was summoned to the police station, however, he promised to refund the money within two weeks but he did not honour his promise and a further complaint lodged at the police station did not bear any fruits. Following frustrations, I was forced to report at Mtwapa police station and that is how detectives managed to arrest the suspect,” he informed the court.
Sale agreement
The suspect through his lawyer Yusuf Ababukar, however, produced a sale agreement, a power of attorney and a title deed that indicated that the suspect had bought land in areas of Chakama phase two, land that is gazetted as public land.
“In the sale agreement Katana Kahindi Karisa who is listed as the owner of the land had made the sale agreement and my client as you had ordered in the power of attorney had used your identification details for the purchase of land. Is this not your ID number? Is this not your signature?” Yusuf posed.
Forged documents
The complainant however informed the court that the documents used in the sale agreement were forged.
The magistrate ordered the defense through lawyer Yusuf to supply the prosecution with copies of the sale agreement, the power of attorney and the title deed for the Chakama land to enable the investigating officer to authenticate the source of the documents.
“I hereby order the matter to be adjourned and further order that copies of the original documents in the possession of the defence be furnished to the prosecution,” he ruled.
Sheikh Mohammed had been charged that on July 13, 2021, at Mtwapa Township in Kilifi South with intent to defraud, obtained the sum of Ksh1,850,000 by falsely pretending that he was in a position to assist him purchase eight acres of land in Malindi.
The suspect was released on a bond of Ksh150,000.
The matter will be mentioned on August 1, 2024, where the investigating officer is expected to clarify on the authenticity of the documents used in the sale agreement.