A Malindi court has convicted a middle aged man after he was found guilty of defrauding a tourist of Ksh. 124, 800 pretending to organize for her a trip to Tsavo National Park. 

Kenneth Njoroge Maina alias JB was convicted by Malindi Resident magistrate Nkuruma Namunyaka after he was found guilty of the charges.

Njoroge reportedly absconded court for more than six times after being released on a Ksh. 80,000 bond.

On March 13 the accused person failed to appear in court, forcing the Magistrate to reschedule the judgment for Monday March 17, 2025. While delivering the ruling, Namunyaka said the accused person’s actions and conduct strongly suggested an intent to defraud.

“His failure to make proper arrangements for the safari is a misrepresentation of the payment situation of the PW2 and his subsequent attempts to pressure the complainant to pay additional funds indicated a deliberate scheme to deceive the complainant,” said the Magistrate. 

The Magistrate said the prosecution had proved beyond reasonable doubt that the accused person was a fraudster. 

“The court finds that the prosecution has proved beyond reasonable doubt, the accused Kenneth Njoroge Maina knowingly and fraudulently obtained Ksh. 124, 800 from Garallini Chiara by falsely pretending that he could organize a trip to the Tsavo,” said the magistrate.

She added that the accused person’s defense was full of lies and designed to mislead the court.

“The accused Kenneth Njoroge Maina is hereby found guilty as charged and he is convicted accordingly,” declared the Magistrate. She added that Maina had shown disrespect to the court through his attitude and conduct throughout the proceedings by absconding court sessions without proper reasons. 

She said at different points, he claimed to have his advocate and that his advocate was unavailable or that he himself was unwell only to contradict these statements shortly after.

“The proceedings of 11th July 2024 and 8th August 2024 clearly paint a picture of a man who has no respect for the rule of law and therefore it is not surprising that when the matter came up for judgement on 13th of March 2025, the accused was not present citing illness for reasons of his absence, however no details of the illness were provided nor were any medical records submitted on 13th March 2025. Overall, his conduct marked with dishonesty and casual attitude towards the legal process is deeply troubling,” she read.

The magistrate said Malindi and Kilifi County at large was a tourist destination and lack of honesty among players was a recipe for driving away investments hence Maina had displayed dishonesty that could affect the tourism sector. 

“Malindi and the larger Kilifi County remain a safe and welcoming destination for both local and international tourists and this region is committed to maintain a secure environment where visitors can enjoy a rich culture and actual offerings without fraudulent activities. The actions of the accused in this case do not meet the values of standards upheld by the local community and fraudulent activities of any kind will not be tolerated,” she said.

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

The Court heard that on January 14, 2024, at Malindi township area in Malindi Sub County within Kilifi County with intent to defraud, obtained Ksh.124, 800 from Garallini Chiara by falsely pretending that he was in a position to organize a trip to Tsavo, a fact he knew was false.

The magistrate set the Sentencing of the accused person to be on April 2, 2025.