Standard Seven leaver charged over loss of Sh24m from bank as lawyer protests arrest

Penina Nduku (l) and Francisca Nthenya in the dock at a Milimani court where they were charged with electronic fraud from consolidated bank. [George Njunge/Standard]

A woman who could hardly express herself in Kiswahili was yesterday charged in connection with loss of over Sh24 million at Consolidated Bank.

Francisca Nthenya, 49, appeared before Milimani Principal Magistrate Martha Mutuku alongside her co-accused, Penina Nduku.

They were said to have, fraudulently with others not before court, hacked into the bank's electronic system, leading to the loss of Sh24,588,800.

They were said to have committed the offence on January 1 last year and January 7 this year at an unknown place.

The women faced another count of conspiracy to commit a felony.

Nthenya faced a second count of handling stolen goods.

The woman was said to have illegally withdrawn, from Stanbic Bank account number 2547963031051, a sum of Sh 410,011.

Nduku faced another count of stealing Sh390,011 from the bank on the same dates, in the same place.

The women denied the charges. The prosecution did not oppose their application to be released on bond or bail but applied to have their cases consolidated with another one.

Lawyers Felix Kiprono and Festus Mbati, working pro bono for Nthenya, told the court that the woman came from Mitaboni in Kathiani.

"Your honour, the woman comes from the dusty parts of Ukambani. She has never operated a bank account. She only presented herself to the police after seeing her photo in the press," Mr Kiprono said.

He said if the police had carried out proper investigations, they would have realised the woman was not criminal but a smokescreen to hide the real perpetrators.

“Francisca Nthenya is a Standard Seven leaver and can hardly speak Kiswahili coherently. She is a housewife. Nthenya is under medication for ulcers and detention will complicate her health,” Kiprono said.

He urged the court to release her on free bond, saying she was a peasant who could not raise cash bail.

"Your honour, bond and bail as per article 49 (1) h as well as the bond and bail policy provides that bail be granted on individual circumstances,” Kiprono said.

Peter Omingo, who appeared for Nduku, said his client availed herself to police on learning that her photo was in the dailies.

Human rights

“Your honour, in blatant violation of the law and human rights, the police threw my client into a cell with her child,” Mr Omingo said.

He said, just like Nthenya, Nduku was a victim of circumstances. "In your discretion, grant us favourable bail terms. Let the court not be swayed by the alleged figures on the charge sheet.”

Ms Mutuku granted them bond of Sh300,000 with an alternative cash bail of Sh200,000. The hearing was set for March 6.