.Mombasa law court has sentenced a Kenyan-born swiss woman in Jail for defrauding her Late Aunt Kilifi Estate Millions.
.Her Late Aunt Resides in Switzerland before Rescinded her Citizenship and settles in Kenya.
.Her Late Aunt hard Vast Estate in Swiss worth 7 Million.
The Mombasa law court has sentenced Kenya Born Switzerland woman Milcah Mwende 12 months in jail or pay a fine of KSh 100,000 for fraudulently acquiring a death certificate with intend to defraud her late aunt vast estate in Switzerland and another one in Kilifi county worth millions.
Her late aunt Maria Mwikali who resided in Switzerland hard vast estate in Switzerland worth KSh 7 Million while having 2 acre beach plot at Mtondia Kilifi county.
Before her death she had rescinded her Switzerland citizenship and had settled in her 2 acre beach plot In Kilifi county.
Reading the judgement Senior Resident Magistrate David Odhiambo found Milcah Mwende Kimako guilty of two offences; procuring extension of a document by false pretense and giving false information to a public officer.
“In view of the foregoing , I hereby find that the persecution has proved it’s case beyond reasonable doubt in respect to count 1 for the offense of procuring extension of a document by false pretences contrary to section 355 of the penal code and count II for the offense of giving false information to a public officer to a person employed in public service contrary to section 129 of the penal code and therefore conflict her under section 215 of the Criminal procedure Code,” read part of the judgement.
Milcah Mwende Kimako was also accused of fraudulently procured a registrar of births and deaths at Civil Registration office in Mombasa county to sign and issue a death certificate for Maria Mwikali her aunt on October,15,2015.
She was also accused of giving false information to a police officer at Huduma centre kitui to obtain the abstract from the officer.
According to one of the witnesses who testified in court, Stanley Safari, testified that on November ,9, 2015 the accused person went to his office seeking to apply for a death certificate but claimed the ID of the deceased was lost.
He then advised her to go get a letter from her chief which she did and he sent the documents to the Registrar in Mombasa and the death certificate was processed.
Another witness Jackson Mulandi a retired civil servant at the Immigration Department testified that on October,12,2015 he received a phone call from a colleague in kitui, Stanley Kimoto who requested him to assist in processing a death certificate for her client.
“I was informed that the place where the death took place was in Mombasa although the client did not have the deceased’s ID or burial permit, I then advised the client to get a police abstract for the documents which she did not have.
The police abstract was sent to me and I prepared a death certificate and sent it to our Kitui office,” said Mr. Mulandi.
“However, after sometime ,people came to my office again seeking a death certificate for the same person.
I informed them that the certificate had been issued to someone else a month ago,” he added.
The investigating officer who was in charge in the year 2015 told court that the investigation revealed that the entry number for certificate of death No. 0251503676 serial No 0527554 issued on 17th December 2015 was fraudulently acquired by the accused person.
However Ms Mwende the accused person defended herself from the allegations saying that she needed to get the death certificate to inform the Switzerland authorities about the death of her aunt who was married and lived in Switzerland since 1991.
She claimed that if she didn’t get the death certificate, the pension money for her late aunt would accumulated and she would be blamed for it.
In addition she said that she was not claiming any money from the deceased’ s account in Switzerland.
The Mombasa law court acquitted her two other charges; the offence of marking a false statement for insertion in Registers of Births and Deaths contrary to to section 363 of the penal code and the offense of giving false declaration for the purpose of acquiring a passport contrary to section 54(1)(a) of the Kenya Citizenship and immigration Act of 2011.
Senior Resident Magistrate David Odhiambo reiterated that the prosecution failed to prove it’s case and the accused person was sentenced to 1year imprisonment.
