A Malindi Magistrate was forced to adjourn reading a fraud case judgment on Thursday March 13, 2025  after the accused person who is out on a Ksh. 80,000 bond failed to appear in court.

Malindi Resident Magistrate Nkurrunah Namunyaka who is handling the case said Kenneth Njoroge Maina who is facing fraud charges has absconded court for more than six months citing unknown illness.

Maina is accused of defrauding a tourist, Garallini Chiara of Ksh. 124,800 while pretending to organize her trip to the Tsavo National Park. 

The Magistrate said the judgement was ready and was set to be delivered but the accused person was not present.

“The court takes note of the delay tactics employed by the accused which has been extensively discussed in the judgement, I take note that we are not informed of the nature of illness and this is the sixth if not more time the matter is being adjourned on account of the accused, however, reluctantly I shall allow the judgement on 17th of March this year which is on Monday,” she stated. 

Maina is charged with the offence of obtaining money by false pretense contrary to section 313 of the penal code.

“On 14th day January 2024, at Malindi township area in Malindi Sub County within Kilifi County with intent to defraud, Maina obtained from Garallini Chiara Ksh. 124, 800 by falsely pretending that he was in a position to organize a trip to Tsavo, a fact he knew to be false,” read part of cort papers. 

Maina, through his advocate, tried to convince the court that he had already obtained 70 percent of the money and was ready to return it to the complainant.

The Magistrate declined Maina’s explanation, noting that the defense had failed to disclose to court the nature of illness the accused was suffering from that had made him abscond court.