Court documents and a letter from Nairobi Remand Health Centre revealed that Lincoln Njeru had acute asthma and has consistently complained of breathing difficulties.
Justice Hedwig Ongudi of the Nairobi High Court ruled that Njeru would be put on probation for three years under the strict supervision of a probation officer.
The judge also ordered that Njeru be refunded his cash bail of Ksh1 million.
“I have considered the application, the period of waiting for this matter to be concluded, the applicant’s deteriorating health and the Probation officer’s report filed on September 21, 2020 before sentence.
“The probation officer’s report has also made mention of the applicant’s poor health,” the judge stated.
The prosecution’s side was also not opposed to the ruling made by the judge.
Furthermore, Ongudi noted that the length of time it took for the case to be determined could have been a contributing factor to Njeru’s condition.
The judge noted that Njeru had expressed remorse for his actions and was willing to settle the matter.
Evidence tabled in the trial indicated that Njeru, in September 2005, diverted Ksh62.7 million of the company’s money to his personal accounts. The case dragged in court for over 12 years.
However, on September 21, 2020, he was sentenced to three years after being found guilty of multiple counts of theft. The theft charges breached section 282 of the Penal Code.
“If the offender is a director or officer of a corporation or company, and the stolen item is the property of the corporation or company, he is liable to imprisonment for seven years,” part of the penal code reads.