- Court heard pair took advantage of Kinuthia's poor health to execute their scheme
- He remained homeless and desperate despite his mother having properties that could have changed his life
Image: THE STAR
Two people charged with forging the will of their late grandmother were on Friday sent to jail for 10 years.
Caroline Macharia and John Henry, the grandchildren of Josephine Wambui, were charged that between April 2000 and February 2006 they forged the will of Wambui and her son's signature.
By so doing, they illegally obtained a plot purporting it to be a legal transfer of ownership signed by David Kinuthia, the complainant.
The prosecution submitted that the offence left the complainant vulnerable as the accused persons took rent from the grabbed estate belonging to their deceased grandmother without giving Kinuthia a penny .
Kinuthia is the son of Wambui and was supposed to be involved in the whole process.
Court heard the pair exploited Kinuthia's poor health to execute their scheme.
The accused wanted their sons to benefit from their grandmother’s property by forging the will and they never cared about the life of Kinuthia, teh court was told.
The pair had denied the charged and told court the property was a family affair.
They said Kinuthia never presented the transfer papers whenever he was asked and they had no choice but do what they did.
In her ruling on Friday, Kibera chief magistrate Joyce Gandani said the two failed to solve the matter amicably at the family level.
Gandani ruled that the offence was serious as the complainant who ought to have been given the first priority was the son of Wambui.
“The prosecution has proved its case. Remember this is a 2013 matter. You had enough time to reach out to the complainant to solve the issue amicably. "
She said the complainant remained homeless and desperate despite his mother having properties that could have changed his life.