Brian Reeves Obare appeared before Milimani Chief Magistrate Lucas Onyina to face charges of fraudulently obtaining Ksh 7,948,650 from Nancy Nanjira Odhungo under false pretenses.
According to the prosecution, Obare allegedly deceived Odhungo over a two-year period, from January 2022 to January 2024, by promising to secure Canadian visas through embassy connections, a claim that has since been proven false.
Obare denied the charges when they were presented in court, prompting Magistrate Onyina to refer his case to Milimani Senior Principal Magistrate Dolphina Alego for further consideration, particularly to assess his eligibility for bail.
The subsequent hearing on Thursday brought new developments, as the prosecution presented arguments opposing Obare’s release, emphasizing concerns about his potential flight risk.
Prosecutor Sonia Njoki argued strongly against granting bail, painting a picture of Obare as an evasive individual who might not adhere to court protocols.
She highlighted that Obare had reportedly been eluding authorities since 2022 and had frequently changed his contact information to avoid detection.
Additionally, the prosecution underscored his lack of a stable residence, which could complicate efforts to monitor him if he were released.
Njoki further pointed out that Obare’s regular international travels suggested he might attempt to leave the country and evade justice if granted bail.
The defense team, however, pushed back, emphasizing Obare’s Kenyan citizenship and his family ties within the country as evidence of his commitment to remain in Kenya.
They argued that the prosecution’s claims about his evasion were unsubstantiated and lacked documentary evidence.
They asserted that Obare, who has no prior criminal record, was being held unfairly on the basis of assumptions rather than facts.
Despite the defense’s arguments, Magistrate Alego ultimately ruled against granting Obare bail. Citing the seriousness of the fraud charges and the uncertainties surrounding his residence and travel history, Alego determined that the risk of flight was too high to justify his release at this time.
Obare will remain in custody at Capitol Hill police station, with his next court appearance scheduled for November 6, 2024.
During this period, the court will prepare a pre-bail report, which will provide additional insights into Obare’s background, financial situation, and ties to the community to further assess his suitability for bail.
This case underscores the growing concern in Kenya over fraud schemes involving the promise of foreign visas, which has become a lucrative avenue for scammers targeting individuals seeking better opportunities abroad.
The prosecution’s firm stance reflects a broader judicial effort to discourage such schemes by holding suspects accountable and minimizing their chances of absconding.
The court’s decision to deny Obare bail until further assessment signals its recognition of both the seriousness of the alleged crime and the need to maintain public confidence in the justice system.
As cases like these come to light, Authorities hope that increased scrutiny and legal consequences will act as deterrents for those who might consider exploiting the hopes of Kenyans aspiring to work or live abroad.
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