A man identified as Stanley Mwendwa Mangangi has accused Kitale High Court Judge Justice Francis Mwangi Njoroge of frustrating him after he allegedly wired Ksh450,000 to the judge in a proceeding case.
Stanley is charged with obtaining money by false pretences whose particulars are that on March 11, 2014, at Highlands restaurant in Nairobi with intent to defraud, he obtained Ksh450, 000 from Francis Mwangi Njoroge by falsely pretending that he was in a position to sell him a piece of land in Mavoko.
But through his lawyer Mr Nduati, Stanley told Chief Magistrate Francis Andayi that the judge has refused to withdraw the criminal case against him after he paid him the full amount and some extra amount.
The prosecution had indicated to the court that the complainant who is the judge is too busy and hasn't found time to check his balance to find out that money has been deposited in his account.
"The complainant who is a judicial officer is frustrating my client by not withdrawing the matter. I find the reason that was given unreasonable, and an attempt to continue punishing the accused person when the complainant is aware that the money has been deposited in his account," lawyer Nduati told court.
The magistrate had ordered parties in the matter to settle it out of court.
"Pursuant to directions of this court for the case to be settled out of court, The accused has deposited money to the account of the complainant " he asserted, adding that; "We pray that the charges are withdrawn and the accused person is acquitted accordingly."
However, in response, the complainant told the court that he was only paid Ksh289, 000 in cash by the accused but he did not say anything concerning the money the accused alleges he deposited in his personal bank account.
"He paid Ksh100, 000 then paid Ksh189, 000 in cash which I deposited to Jitahidi Holdings Limited who tasked me with the duty to get a piece of land for them," he said.
He added that there are 20 people from Jitahidi Holdings Limited who were the owners of the money.
Chief Magistrate Francis Andayi in his ruling said that the complainant cannot be forced to withdraw the matter even if money has been refunded to him.
