A man charged with falsifying an insurance reimbursement claim amounting to Sh 302,000 has been sentenced to two years in prison if he fails to pay a fine of Sh 200,000.
Ian Njuguna was sentenced by Milimani Senior Principal Magistrate Benmark Ekhubi after being convicted on 10 counts of insurance fraud, forgery, and obtaining money by pretence.
While delivering the sentence, the magistrate noted that he had considered the mitigation presented by the accused.
“After considering the mitigation presented by the accused person, I have noted that he is not a first-time offender, and I am convinced that he deserves a custodial sentence,” the magistrate stated.
He also considered the pre-bargain proposal in which the accused sought a non-custodial sentence, expressing willingness to cooperate with investigators and disclose how insurance fraud, which has become rampant, is conducted.
“I also consider the pain his mother is going through as she plans to dispose of her parcel of land to pay a fine in exchange for your release,” the magistrate added.
Though the court was inclined to give the accused another chance, the magistrate emphasized that this was a repeated offence.
“The accused person has been convicted in another court where he was fined, failure to which he was to serve a custodial sentence. By considering your conduct and the decision made by the other court, I will give an option of a fine, failure to which you will serve custodial imprisonment,” he said.
In the final determination, the accused was fined Sh 200,000, in default to serve two years in prison.
Further, the court pardoned him on the tenth count under Article 351 of the Penal Code, where he had obtained Sh 280,000 by pretence.
<span;>The court also urged Njuguna to reform, noting that crime does not pay.
Njuguna, who has been in custody, was convicted by another court in August this year on similar insurance fraud charges and was fined Sh 600,000, in default to serve two years in prison. In that case, he faced five counts of attempting to obtain money by pretence and making false documents.
He was charged that on or before August 27, 2024, at the CIC Group Insurance Company head office in Nairobi, with intent to defraud, he willfully and unlawfully presented false documents for Baragoi Catholic Nursing Home (BCNH) and a false police abstract.
The court heard that Njuguna presented a discharge summary for inpatient number 59303-24 from Baragoi Catholic Nursing Home and a police abstract for OB number 36/23/08/24 from Baragoi Police Station, purporting that he had been admitted to the facility after being involved in a road accident on August 23, 2024, along the Horr-Sutai Road. He lodged a reimbursement claim of Sh 302,150 with CIC Insurance Company, claiming it was the expense incurred for treatment, which was false.
He was also charged with making a false discharge summary for inpatient number 296/2024 for Baragoi Catholic Nursing Home in his name, purporting it to have originated from the facility, which was false.
Additionally, the accused was charged with making an official receipt number 59303-24 for BCNH for inpatient number 296/2024 in his name, as well as a police abstract for OB number 36/23/08/24, purporting they originated from Baragoi Police Station.
In another count, he was charged with attempting to obtain money by pretence at CIC Group Insurance Company head office. As the policyholder for policy number C16338700, he attempted to obtain Sh 302,150 as reimbursement for expenses allegedly incurred during admission at BCNH following the purported accident.
