Serial city fraudster conning Nairobi residents using the name of Deputy President Rigathi Gachagua has finally been nabbed and put in detention.
George Morara Bosire is accused of stealing job-seekers' certificates which he later sells after alterations.
Authorities say many have fallen victim.
One such victim is James Mwenda Mwanzia from whom Bosire stole cash, laptops, and mobile phones while pretending to be the adviser and chief procurement officer at Gachagua's office, a fake position he uses to lure his targets.
On Monday, October 31 when he was arraigned, the Director of Public Prosecutions (DPP) said he was a notorious fraudster who deserves to remain behind bars.
Bosire was accused of stealing a Taifa laptop A3 valued at Kshh60,000, and various academic certificates belonging to Mwanzia.
Police, who have been on the trail of Bosire's fraudulent activities, say he has conned tens of city residents with the fake promise of securing them jobs at the DP's office.
Gachagua's office
For instance, on August 30, Bosire lured Mwanzia to the precincts of Gachagua's office along Harambee Avenue and directed him to wait outside the building as he sought opportunities for him at the offices.
Mwanzia was to get a data entry job at a pay of Sh2000 per day.
"The two met outside the DP's office where the accused convinced Mwanzia to hand over his bag containing various academic certificates and a laptop for safe custody in his office," police say in their covering report.
Moments later, Bosire called to inform Mwanzia that the area was under high surveillance and that he should switch off his phone to avoid being tracked.
Police say the move was to trick the victim not to be in touch with his aunt Anne Mumbai.
It was Mumbai who referred Mwanzia to Bosire.
After Mwanzia switched off his phone, Bosire called Mumbai informing her that the client had already secured the job and was undergoing training, the reason for which he said Mwanzia's phone was off.
"He then convinced the aunt to meet him at a Java restaurant along Moi Avenue," the report says.
Bosire told Mumbai that Mwanzia's matter had already been sorted and suggested to repair her phone screen which appeared cracked at a nearby shop, only for him to vanish with the phone.
"The two con victims later met and reported the matter to officers at Central Police Station. Some of the documents were later recovered at Accra Hotel within downtown Nairobi," the report added.
The accused was later tracked and arrested.
In court on Monday, Bosire sought to block his plea-taking and asked the magistrate to discharge him claiming police had detained him beyond the constitutional 24 hours.
The law requires that suspects are produced in court not more than 24 hours after arrest.
Bosire was arrested on Thursday, October 27, and arraigned four days later.
He told Milimani chief magistrate Wendy Micheni that the police denied him bail and as such violated his rights by holding him in custody beyond the stipulated time.
“I call this ignorance. I, therefore, deserve to be acquitted unconditionally,” Bosire said.
But prosecutor Anderson Gikunda opposed his request and asked the court to order that he takes the plea which had been scheduled.
“Your honour, what the suspect is trying to do is block his plea-taking. He is a notorious fraudster with pending cases of similar nature in other courts. A simple Google search will tell you what kind of a person we are dealing with. I ask that you direct him to take plea,” Gikunda said.
The magistrate ruled that plea-taking proceeds but Bosire again made another oral application seeking to settle the matter out of court.
He said he was ready to reach out to Mwanzia for an out-of-court settlement and promised to report back to the magistrate in a day
Again, the court declined the request, saying such applications can only be made by the prosecution.
"At the bottom of it all is that the discretion to charge and prosecute belongs to the DPP.
"This court has to consider the sentiments of the prosecution counsel and having listened to the prosecution counsel, the court is not convinced that this is a matter that ought to go to alternative dispute resolution," the magistrate said.
On the bid for discharge, the court said it lacked jurisdiction to hear the matter.
The magistrate said getting discharged for being held beyond 24 hours was no longer guaranteed because such a move had been exploited to let suspects of capital offences defeat justice.
She said some suspects were colluding with rogue police officers to have them detained longer than is required before arraignment so they could argue for unconditional release on grounds of rights violations.
"I, therefore, advise that the suspect pursue his case for violation of constitutional rights at the superior courts," she said.
Bosire was directed to be detained at Industrial Area Remand Prison pending a bond ruling.
