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The Nairobian

Lawyer battles with client over Sh17.5m from property sale

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By Joackim Bwana | Nov 23, 2024

**Lawyer Sheila Nkatha Muthee at the Mombasa Court in Mombasa County on Nov 21, 2024.** [Kelvin Karani, Standard]

A Mombasa lawyer Sheila Muthee yesterday denied nine counts of obtaining Sh17.5 million, proceeds from the sale of a property of Crispy Limited.

Muthee, a partner at Muthee and Partners LLP, was accused of issuing cheques worth Sh8.1 million through Co-operative Bank bearing the name of Osman Mahamud Mohamed knowing the account had insufficient funds.

The money was part of Sh52.5 million that was realised from the sale of Crispy Limited’s property and received by Muthee and on account of Crispy Limited. The lawyer denied all the charges and sought a lenient bail.

The lawyer allegedly obtained the said sum over a series of months between February 17, 2024, and July 23, 2024, at Mvita Sub-County in Mombasa County.

Muthee’s lawyer Elijah Gathu told the court that she had paid Sh1.5 million to the complainant at 2am while at Central Police Station and further provided a title deed as security, in a reconciliation bid.

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Gathu said that they had drafted an agreement with the complainant and sought to withdraw the case.

“We have drafted an agreement and made payment of Sh1.5 million at 2am. We have also given a title deed to get a signature from the complainant as security, subject to reconciliation. We pray that the court holds off the ruling until 2pm to allow the parties to negotiate,” said Gathu.

However, at 2pm, Gathu told the court that the complainant had pulled out of negotiations.

Mohamed’s lawyer Sadik Ali confirmed that Muthee had paid the Sh1.5 million at 2am as part of goodwill to negotiate and settle the matter out of court. In seeking lenient bail terms, Gathu said Muthee practices in Mombasa and resides in Mombasa with two young children and is available on any call by the court and investigation officers. “She is a senior advocate and understands the rule of law. The witnesses are well known to her and they have conducted business with her. The complainant also has a restaurant below her office,” he argued.

He asked the court not to focus on the cash stated on the charge sheet and not to be punitive on bail terms. Gathu said there have been three payments of Sh2 million each to Crispy Limited. “She has not declined to continue making the payments and has reached a consensus to pay the amounts to the complainant. There is no criminality, this is a matter that can be solved by mutual and civil agreement,” he said.

Mombasa Resident Magistrate Rita Orora released her on a Sh5 million bond and will also post a surety in a similar amount after the complainant declined to enter into an out-of-court settlement.