- Vincent Misita stole an ATM card, national identity card and cash totalling N571,000 belonging to Charles Mathenge
- Mathenge asked Misita to help him withdraw N19,000 from a Family Bank ATM within Nakuru as he had a sight problem
- Misita later travelled to Kisii the day after he withdrew the money and used it to construct a house
A 35-year-old charged with stealing N571,000 from his landlord and constructed his own house has been jailed for 18 months.
The charge sheet indicated Vincent Misita on May 4, 2021, at Kiti area of Nakuru county stole an ATM card, national identity card and cash totalling N571,000 belonging to Charles Mathenge.
He was arraigned in court on Tuesday, June 15, and he pleaded guilty to stealing.
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As presented by the prosecution, the facts of the case showed that Mathenge asked Misita to help him withdraw N19,000 from a Family Bank ATM within Nakuru as he had a sight problem.
He then gave him his ATM pin.
This was after he was left to take care of the old man by his son, who had rushed to town to take care of something.
Court documents indicated that the old man fainted on that material date and, upon regaining consciousness asked his tenant to accompany him to town to withdraw some money as he wanted to buy a phone.
“When the victim regained consciousness, he asked Misita to accompany him. They went together, withdrew the money and bought the said phone,” the court heard.
After buying the phone, the two went to a drinking joint where they had a drink, and that was when Mathenge got drunk, giving room for Misita to steal from him.
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Misita, the court heard, travelled to Kisii the day after he withdrew the money and used it to construct a house.
After three days, the man realised his ATM and ID were missing and embarked on a search mission.
He went to Misita’s house, where his wife informed him that he had seen his husband with the documents.
Bank statements from the Family Bank indicate that the man withdrew the money from a branch in Kisii.
A report by Gerald Wanyama, a probation officer in Nakuru, indicated that Misita and his family were in a celebratory mood on what he did.
“I have interviewed the offender and his family and there is a clear indication of more of celebration on what the offender did than being remorseful,” stated the probation officer.
Mathenge, in the probation report, wanted the man to serve a custodial sentence.
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The probation officer in his report said the man showed little to no signs of genuine remorse and is happy for the success through committing the crime before the court.
Wanyama also indicated that the man was not fit for a non-custodial sentence as he showed no sign of genuine remorse and willingness to talk to the victim on compensation terms.
Principal Magistrate Yvonne Khatambi, having considered the case and mitigation by Misita, sentenced the accused to 18 months.