Jailed Mombasa lawyer freed on bail pending appeal

Nyawinda's lawyer Mr Jared Magolo told Justice Muya he wants the conviction and sentence of his client quashed because the magistrate erred in law by failing to take into account fact that his prosecution was not sanctioned by the Director of Public Prosecution.

Magolo Nyawinda should be released on bail because there was likelihood that his appeal will succeed arguing there was no corroborating evidence.

Magolo claimed that some of the witnesses called during his trial were trained by his accuser saying there was no truth in what was adduced in the court.

"The learned magistrate erred in law and in convicting the appellant of the offence of obtaining the amount by false pretense which is not true, “said Nyawinda.

Magolo insisted his client was not a businessman who sells maize as had been claimed saying his co-accusers were spreading falsehood.

Nyawinda denied claims he received Sh3.2 million to buy 500 bags of maize which he was to pay immediately after selling them.