A Thika court has released the founder of Lesedi Developers Limited, Geoffrey Kiragu, on a Sh5 million bond with a surety of a similar amount.
Thika Chief Magistrate Stella Atambo also gave Kiragu an alternative of paying Sh5 million cash bail to secure his release.
Kiragu is facing 12 counts of defrauding land buyers Sh5.47 million while operating as Lesedi Developers Limited by pretending he was in a position to sell them parcels of land. He pleaded not guilty to the charges.
Kiragu who has cooled his heels in police cells for the last 20 days, is being represented by lawyers John Khaminwa, Daniel Gachau, Wanjiku Mwendwa and Wilfred Nyamu.
His application to be freed on cash bail or bond had been adjourned for seven days pending filing of a prebail report by the Thika Probation office.
When the matter came up for determination on Monday, the probation officer Joshua Kirimi told the court that his office had interviewed all requisite persons including the accused, his mother, his spouse, the chief of his area of residence, the investigating officers in the case and the victims.
“The accused maintained he will be attending all court cases and adhere to all court directives. He [the accused] is still presumed innocent until proven guilty and therefore we do not oppose him being admitted to bond or cash bail,” Kirimi said.
Kirimi also notified the court the victims in the matter called for settlement of the matter in terms of compensation, adding that they have incurred huge losses and undergone psychological torture.
While pleading for lenient bail or bond terms, the defence team argued that the matter is a civil case and that all charges are misdemeanours and are bailable.
Lawyer Gachau said the office of the Director of Public Prosecutions and the investigating officers have not sworn any affidavits opposing the defense’s application for bail or bond.
“Our client has sufficient social ties as indicated by the prebail report. He is also the sole breadwinner for his young family and we therefore plead with this court to admit him to favourable bond or bail terms,” Gachau said.
The defence also indicated that they are open to engagements with the claimants so as to fast-track settlement of the matter.
The prosecution didn’t oppose the bail or bond application but insisted on the defence upholding settlement of the matter by compensating the victims.
Justice Atambo while delivering her ruling on the application noted that she had taken into consideration of the prebail report by the probation office, the defence submissions and the prosecution’s stand.
She noted that the 12 counts that Kiragu is facing are misdemeanours and are bailable, adding that the investigations have not sworn any affidavits opposing granting of bail or bond to the accused.
Atambo directed Kiragu to deposit his passport (s) in the court until the case is heard and determined.
“The accused is also hereby directed to report to the investigating officers in the matter twice a month for the next three months,” Atambo said.
She also encouraged all parties to consider settling the matter by way of compensation to the aggrieved parties. She told Kiragu to consider refunding the land buyers their money.
“If there was exchange of money and the clients [the claimants] didn’t get what they were buying, the only proper way to resolve this is to refund their money. There must be real efforts and genuine good will to compensate the aggrieved persons,” Atambo said.
She also urged the complainants to get legal representation so as to fast track the process of negotiating their compensation.
This is after one of the claimants, Anthony Mwaura told the court that the accused is not willing to settle the matter as he has previously been ordered by another court to compensate him but he failed to.
“He [Kiragu] should not be allowed to waste this court’s time. He was directed by another court to compensate the claimants but he declined. I have a refund form from Lesedi Developers Limited which expired last year after he vanished,” Mwaura said.
Mwaura lost Sh1,050,000 to the Lesedi boss on diverse dates between February 5, 2022 and March 1, 2022, after the latter pretended that he was in a position to sell plots No. 130&131 excised from land parcel Thika Municipality Block 40/2414.
Other the claimants who lodged the suit is Mark Wairi and Margaret Wanjiru who parted with Sh749,000 and Sh525,000 respectively but never set foot on the land they were bought.
Kiragu was also charged with obtaining Sh350,000 from Priscilla Wanjiku, Jennifer Wangari, Jonathan Kinyanjui, Charles Maina, Josephine Wanjiku, Mukundi Moreen Njeri and James Mwangi each while falsely pretending to sell them land.
The matter will be mentioned on October 18, while the hearing was set to commence on January 25, 2024.
