An elderly man from Tenges ward in Baringo County has been arraigned in Kabarnet court, charged with defrauding a land buyer, eighteen years ago.
Wilson Kipyator is accused that on August 10, 2004 at unknown time in Tenges, within Baringo Central Sub County in Baringo County, with the intent to defraud, he obtained Sh80,000 from Elima Kipkurere by false pretence pretending to sell a plot measuring 50ft by 100ft to him.
The court was told that Kipyator had tricked the lady into a non-existent land but when she finally realized the turn of events, she became unhappy and decided to launch a complaint at Kabarnet police station which led to his subsequent arrest on June 10th this month.
When he appeared before Kabarnet Resident Magistrate Vienna Amboko on Thursday, the accused denied the charges levelled against him.
Janet Cheruiyot who was representing Mike Chebii, lawyer of the accused, told the court that the client would only defend the case after the prosecution tabled evidence of a land sale agreement between the two parties.
At the same time, Ms Cheruiyot prayed to the court to grant the accused reasonable bond terms since he was fairly old and would attend court whenever required.
Prosecution counsel Rebecca Bartilol in her submissions told the court that they would prove beyond reasonable doubt that the accused person indeed defrauded the complainant.
“Your honour, we shall prove to this court that the accused person sold a piece of land not in existence,” she said.
Bartilol prayed to the court to disallow bond terms application in order to allow the trial to take its full course.
The Resident Magistrate ordered that the accused be granted either a cash bail of Sh30,000 or a bond of Sh50,000 with surety.
She also stated that the fraud case would be mentioned again on July 7th this year where they shall give a hearing date when three witnesses who have been lined up were expected to testify.
