Prosecution mix-up lets off confessed thief

By Wahome Thuku

A ‘typing error’ in police records got a businesswoman off the hook even after she admitted having stolen more than Sh400,000 from a bank.

The case, which stunned lawyers in a Nairobi court, indicted the police over the manner in which they investigate and prosecute crimes.

Even the accused, Ms Priscilla Wanjiku Nyoro, did not understand what transpired and why the court imposed only a Sh200,000 fine or 12 months in jail even after she pleaded guilty to stealing Sh415,600.

The woman was arraigned before Nairobi Chief Magistrate Gilbert Mutembei and admitted three charges, the most serious being that of stealing the money from Co-Operative Bank in Zimmerman, Nairobi on July 16, this year.

The other two charges were, stealing a cheque leaf worth Sh100 and forging it to get the money.

Ms Nyoro had plucked the leaf from a cheque book belonging to a Mr Dhimji Dhanji Vekaria and filled in the amount to pay herself. The cheque book was for Oriental Commercial Bank.

When Dhanji established the leaf was missing he reported to the bank and the information was circulated.

The charge sheet stated that Ms Nyoro stole the money from Co-Operative Bank but when reading the facts of the case Chief Prosecutor Onesmus Towett told the court that Oriental Commercial Bank officials arrested the woman when she presented the cheque for cashing.

The magistrate pointed the disparity and asked the prosecutor to make it clear whether it was Oriental or Co-Operative Bank and whether she stole the money or attempted to steal it.

Mr Towett said according to the court file, the accused stole from Oriental Commercial Bank and was arrested by employees.

He stood by the facts even as the magistrate probed further.

There was, however, no employee of Oriental Commercial Bank listed as witness.

All the witnesses were Co-Operative Bank officials including Kim Ndirangu from the bank’s Githurai branch.

Asked to respond to the facts read by the prosecutor, Nyoro said everything was true, throwing the matter into more confusion.

File same charges

And not knowing she would get the benefit of doubt, the woman pleaded for mercy saying she stole the money to support her children. She said she had never committed another offence and asked for a non-custodial sentence.

Mr Mutembei ruled that only the charge of stealing the cheque leaf and forging it had been proved. He ordered her to pay Sh100,000 for each count.

Having been tried on the Sh415,6000 theft and acquitted the law does not allow the police to file the same charges again her again.