Politician Steve Mbogo’s sister and her husband have challenged their criminal charges relating to a Sh18.5 million avocado deal with Ezetel Kenya Ltd.
Jennifer Mbogo and her husband Nathan Loyd Ndung’u were charged two weeks ago with conspiracy to defraud Sh18.5 million from Ezetel Ltd by falsely pretending that they were in a position to partner with them in financing of Avocado expert business.
However, in a letter to the DPP the couple now want the file to the recalled so that it can be reviewed arguing that the case is civil adding that turning it into a criminal case was malicious and was done in bad faith.
Through lawyer Cliff Ombeta, they claim that they entered into an agreement with Ezetel for business purposes and it was an entirely commercial in nature with clear bonafide intentions.
Ombeta says his clients have been in Avocado export business for a long time and it’s their core business so the issue of false pretenses does not arise.
“Afro-Veg Health Kenya Ltd is a registered company with an office in Embakasi and the police and the complainant are well aware of it,” the letter reads in part.
They have asked the DPP to call for the file from the DCI to clarify the issues raised and confirm whether he still intends to proceed with the matter as it is.
Some of the issues Ombeta wants the DPP to look into is how the said financing was done and how was the Sh18.5 million given to his clients.
Ombeta claims that the investigating officers have harassed his clients to the limit and have acted unprofessionally and with total malice.
“The manner of arrest of our clients by the officers was totally uncalled for in public and by show of force that was totally unnecessary using arms to threaten citizens who were peaceful and unarmed forcing them to lie on the ground in public, this was intended to scare and harass them,” Ombeta claims.
Ombeta further argues that failure of the police to take into consideration the circumstances of the business in these hard times of Covid-19 was deliberate and calculated to frustrate his clients.
According to the letter, if the cheques were issued on March 28, how then could the bank have been previously instructed not to honour them?” letter reads in part.
Ombeta further alleges that even after his clients were charged and released on bail the police officers locked them up for an extra night in total disregard of the law.
“Our clients intends to sue for defamation, mental torture and anguish malicious incarceration and damages in terms of business lost,” the letter reads.
They intend to sue officer Nderitu and Madam Njue in their personal capacities for acting outside the limit of the law.