Former Nyaribari Chache MP Chris Bichage was on Thursday charged in a Kitale court with obtaining Sh11.1 million by allegedly pretending that he was in a position to sell 10 acres of land to an advocate.
Mr Bichage is said to have defrauded David Biketi by pretending that he could sell him the land, Ref No. 3818/4 at Sikhendu, Kiminini Sub County in Trans Nzoia County.
Mr Bichage is said to have committed the offence between August 7, 2015 and March 11, 2016 in Nairobi city.
Senior state counsel Edward Kakoi told the court that Mr Bichage signed a transfer consent and all documents required for registration of the transfer in favour of Mr Wati once the payment was made.
Before the execution of the agreement on August 7, 2015, Mr Wati who is an advocate paid Sh5,570,000 directly to Mr Bichage.
He also deposited further payments of Sh750,000 in August 2015, Sh100,000 in November, and Sh3 million in 2016.
The court heard that Mr Bichage also imposed on Mr Wati a further Sh600,000 allegedly as a penalty for late payment and for withdrawal of adverse notices.
Mr Bichage was said to have promised to transfer the land on or before February 25, 2016.
Mr Wati made full and final payment on March 14, 2016 to Bichage’s advocates, Mogare and Musundi Advocates. However, according to Mr Kakoi, Mr Bichage never fulfilled his promise as per the agreement.
“It turned out that Bichage did not have possession or unencumbered title to the subject land as the same was claimed and in occupation of a third party,” said Mr Kakoi.
He added that Mr Bichage breached the agreement rendering the said contract null and void. “Plaintiff demands his money ( and he must) be refunded fully,” he told the court.
Mr Bichange, through his lawyer, filed an application to seek the court to quash the criminal proceedings against him and issue a stay order.
He was, however, denied the order. In his affidavit sworn on November 28, 2016, he admitted that he received Sh11.1 million from Wati. The case continues on November 8.