A car dealer who allegedly defrauded a buyer Sh 2.3 million for the sale of a Toyota Prado has been released on bail pending conclusion of investigations.
Erick Wabwire Ilode alias Elmanda Musyoki alias Philip Masinde alias Evans Otieno was arraigned before Principal Magistrate Gilbert Shikwe where police sought orders to detain him for 10 days.
However, the court found no sufficient ground in the application to have him detained and released him on a cash bail of Sh 100,000.
Ilode is accused of obtaining Sh 2.3 million from Ian Kaiharo Njuguna by purporting to be in a position to sell to him a Toyota Prado, only for him to be told thag he had been defraud by a Shimo La Tewa prison inmate after paying a Sh 2.3 million.
Njuguna made a report to Parklands Police Station that on 30th November 2024, he came across an Instagram account named Azam Motors Limited with telephone number 0783742462 attached for inquiries and with intent to purchase a Toyota Prado called the number for business.
The complainant claims the call was received by a man who introduced himself as Phillip Masinde, a car dealer. He inquired about the availability of the Prado, which Masinde confirmed to him was available in the showroom.
According to the investigating officer PC Sammy Shamalla, the complainant was told that the vehicle would cost Sh 6,200,000 but was required to make a deposit of Sh 2 million, the vehicle would be handed over to him then complete the balance later.
In his affidavit, PC Shamalla said that the complainant made the first deposit of Sh 50,000 on 4 December 2024 from his mpesa to a provided Bank of Africa account number 03103430004 in the name of Evans Otieno Ongonya.
“On 5th December 2024, he made another deposit of Sh 500,000 from his NCBA account to same Bank of Africa account. The complainant further made deposits to mpesa numbers 0796062566 of Sh 100,000 and further Sh 500,000 to same account domiciled at Bank of Africa,” Shamalla added.
He added having surpassed the agreed amount of 2 million, Njuguna was to receive the motor vehicle on 7th December 2024 and upon reaching out, the suspect told the complainant on phone that he had been defrauded and that he was already a prisoner at Shimo La Tewa GK Prisons serving life sentence for killing his girlfriend and that no more punishment above would supersede what he had.
In his affidavit, the officer said that preliminary investigations revealed that the Instagram page account in the name of Azam Motors Limited is a proxy account used by the suspect to defraud members of the public.
The officers claimed that Ilode, who is also facing another similar case, has no known place of abode, therefore, poses a flight risk.
The court heard that the eight mobile phones and SIM cards, among them the main fraudulent SIM card and a handset in possession of the respondent are yet to be submitted for forensic analysis
“Releasing the suspect may interfere with the bank accounts which received the money being the proceeds of crime and being granted freezing orders requires a court process which will need time,” PS Shamalla said.
It is also alleged that there are more suspects who are at large that form a fraud syndicate and can harm the respondent on suspicion of having revealed their hiding places and their names to investigators.
The case will be mentioned on 6th January 2025.
