The High Court has upheld the sentencing of Nairobi-based lawyer Robert Akumu Asembo to pay a fine of Sh800,000 or serve one year in prison over a Sh2.5 million land fraud case.
Justice Diana Kavedza dismissed Mr Asembo's appeal ruling that there was no legal basis to interfere with the lower court’s decision.
“Having reviewed the evidence on record and the appellant's explanation, I am satisfied that the conviction was well-founded. The appellant's claim that he was not given an opportunity to clarify the delay in transferring the land does not, in my view, raise a reasonable doubt,” stated Justice Kavedza.
She found that the totality of the evidence supported the conclusion that the complainant was induced to part with substantial sums of money based on false or misleading representations.
Mr Asembo, who was a candidate for the IEBC chairmanship during interviews conducted in March 2025, was convicted on January 23, 2025. The ruling was delivered by Kibera senior principal magistrate Irene Kahuya.
He was found guilty of obtaining Sh2.5 million from businesswoman Tai Sujun by pretending he was in a position to sell her land measuring 0.7615 hectares located along the Eastern Bypass in Nairobi, a claim that was false.
According to the judgment, the offence took place between September 2, 2016, and March 31, 2017, at Top Plaza in Kilimani, Nairobi.
Dissatisfied with the magistrate’s verdict, Mr Asembo appealed, arguing that his right to legal representation was undermined and that the prosecution failed to prove its case beyond reasonable doubt.
However, the High Court dismissed these arguments.
Justice Kavedza noted that Mr Asembo admitted during the trial that he received funds from Ms Sujun with the understanding that he would facilitate the purchase of a parcel of land in Ruiru valued at Sh40 million.
“He acknowledged that the complainant issued him a cheque for Sh900,000 and later transferred Sh1.6 million to his bank account. These payments were not denied. On the face of it, the amounts in question constituted property capable of being stolen within the meaning of the penal code,” said the judge.
She further observed that Mr Asembo purported to transfer ownership of a property that was actually registered in the name of a third party, a Mr Joseph Kariuki , which heightened suspicion of fraudulent intent.
“What makes the matter more serious is the fact that the appellant purported to transfer ownership of land registered in the name of a third party to the complainant. This significantly heightens the inference of fraudulent intent. I concur with the trial magistrate that the appellant, being a practising advocate, had a duty to conduct proper due diligence,” said Justice Kavedza.
She added that as a lawyer, Mr Asembo ought to have verified the authenticity of the title deed and ensured that the property was not under another transaction.
“His failure to do so, despite being in a professional position of trust, adds weight to the prosecution’s case and undermines the credibility of his defence,” he said.
Ms Sujun, the complainant, told the court that she was familiar with Mr Asembo and initially issued him a cheque of Sh900,000 toward the land transaction. But she later discovered the title deed she received was fake.
When the initial cheque was dishonoured, she wired Sh1.6 million directly to his account in relation to a different transaction through a company named Woodland Ventures, where Mr Asembo also served as her legal representative.
She said the funds were for the purchase of land in Ruiru, only to later learn that the land was registered under someone else’s name.
To support her claim, Ms Sujun produced several documents in court, including a cheque, a KCB bank transfer slip, a receipt, title documents bearing Mr Kariuki’s name and a copy of a title deed issued in her name.
A police officer who testified for the prosecution corroborated Ms Sujun’s account. The officer confirmed that Mr Asembo had sent WhatsApp messages claiming that the transfer process was ongoing but later failed to provide a title deed or tax documents despite several requests.
The matter was reported to Kilimani Police Station after the complainant concluded that she had been defrauded.
In his defence, Mr Asembo admitted receiving the money and acknowledged that he had been instructed by the complainant to handle the land transaction. He said he prepared a sale agreement and blamed delays in the transfer process on issues at the land registry.
He also told the court that he had refunded Ms Sujun Sh500,000 and had engaged in alternative dispute resolution with her.
However, the High Court dismissed his defence and upheld the trial court’s conviction and sentence, finding his actions amounted to obtaining money through false pretences.
