Man dragged in ex-wife’s Sh1m fraud case

Marios Rugimba (right), a manager with Trans Nation Sacco, in Tharaka-Nithi County before an Embu court

A sacco official on Monday appeared before an Embu magistrate’s court in a case where his ex-wife is convicted of defrauding a businessman Sh1 million.

Marios Rugimba, a manager with Trans Nation Sacco, in Tharaka-Nithi County, is enjoined in the case where businessman Samuel Muriuki seeks to recover his money from the woman.

Rugimba’s former wife Faith Kadogo Cingau is already serving a three-year jail term after failing to pay back the money and the interest to Muriuki totalling Sh1.5 million.

The court had in February last year found Ms Cingau guilty of fraud by using Muriuki's title deed to get a loan of Sh1 million that she never serviced.

Last month, Embu Chief Magistrate Maxwell Gicheru gave the order to enjoin Rugimba in the case. 

Ms Cingau argues that she was married to Rugimba when they jointly agreed to take up the loan, which was guaranteed by Muriuki and they used the money to develop their matrimonial home.

She says Rugimba is thus liable and answerable in the case.

However, Rugimba in his defence filed before court insists he was not party to the transaction between Kadogo and Muriuki, hence is not liable to pay any part of the loan.

He says the money advanced was not used to develop his matrimonial home, adding that by the time Kadogo took the loan, he had already completed building his house using a loan from his employer.  

On Monday, the magistrate ordered that Rugimba be supplied with a list of all the witnesses, copies of witness statements and all the necessary documents by September 24th while hearing will commence on November 12.

He said the case must be concluded before the end of this year.

Ms Cingau had been charged that on May 12, 2010 at Embu town by means of fraudulent tricks she induced Muriuki to deliver a title deed for his parcel of land as collateral to a Cooperative Bank loan, which was granted.

Prior, she had leased Muriuki's business premises as a tenant from January 2010 to December 2010 and was to pay monthly rent of Sh8,000 but opted to pay Sh96,000 for the whole year at once.

She stocked hardware materials and after three months asked him to sell her half an acre land that had a residential house at Sh3 million.

She requested Muriuki for the title deed to get a loan of Sh2 million from Cooperative Bank Embu branch and she would pay him Sh1.5 million, and offset his balance later.

They drew an agreement before Njeru Ithiga and co advocates on May 13, 2010.

Muriuki told the court that when the bank advanced her Sh1 million, she immediately withdrew all of it, closed her shop and moved the stock at night on July 2010 then disappeared.

To prevent his land from being auctioned, Muriuki paid the loan amount and interest totalling Sh1, 114, 797 and sued her.