Former Football Kenya Federation (FKF) Vice President Robert Asembo has been sentenced to a year in prison after losing a Kshs 2.5 million land fraud case. The High Court to upheld the sentencing of the city lawyer by the Magistrates Court and directed him to pay a fine of Kshs 800,000 or serve one year in prison.Follow our WhatsApp channel for more newsIn a ruling delivered by Lady Justice Diana Kavedza, the court dismissed the appeal by Asembo, noting that there was no legal basis to deviate from the decision of the lower court.“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 reasonable doubt,” read part of Lady Justice Kavedza’s ruling as reported by the Daily Nation.##NAJAVA_MECA_8982994##Asembo was on 23 January convicted by Kibera Senior Principal Magistrate Irene Kahuya for obtaining Kshs 2.5 million from businesswoman Tai Sujun.Dissatisfied with the ruling, the former football administrator appealed the decision at the High Court.Asembo argued that his right to legal representation was undermined, and that the prosecution failed to prove its case beyond reasonable doubt- the threshold for conviction in civil cases.In the case, the former AFC Leopards Secretary General was accused of pretending to be in a position to sell a parcel of land measuring 0.7615 hectares along Eastern Bypass, a claim that was established to be false.Kenya Police league hero dedicates win to parentsThe offense which according to court documents occurred between 2 September 2016 and 31 March 2017 at Top Plaza in Kilimani, Nairobi saw the lawyer receive money in two forms a fact the lawyer admitted.“He acknowledged that the complainant issued him with a cheque of Ksh 900,000 and later transferred Ksh 1.6 million to his bank account. These payments were not denied. On the face of it, the amounts in question constitute property capable of being stolen within the meaning of the penal code,” said the Judge.Sujun paid the first amount to Asembo and the second one in relation to a different transaction through Woodland Ventures, her company in which Asembo served as her legal representative.It was later that when following up on Ksh 40 million-valued land located in Ruiru that she discovered it was registered to a different person.A police officer who testified for the prosecution affirmed Sujun’s assertion and confirmed that Asembo had claimed the process of transferring the title deed was ongoing, but did not produce title deed or tax documents despite several requests through WhatsApp messages.New management vows to sweeten Nzoia Sugar’s FKFPL returnThe fact that the property belonged to a third party, Mr. Joseph Kariuki yet Asembo, despite being an officer of the court wanted to transfer it to Sajun did not do any favor to him, at least according to the Judge’s observation.“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 practicing advocate, had a duty to conduct proper due diligence,” noted Lady Justice Kavedza.The acts of omission and commission led Kavedza to dismiss Asembo’s appeal.“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 defense,” added Kavedza.Asembo Is not new to controversy.In November 2022, he was captured in a physical fight in court with a businessman who was sued by his estranged wife whom Asembo was representing in a child upkeep case.In a video that went viral, an altercation between the lawyer and the man ensued as they approached the Magistrate’s chamber.The businessman was forced to take cover in the Magistrate’s chamber as his wife persuaded the former FKF Vice chair to calm down.FKF proposes return of 16-team KPL in a raft of league structure changesDuring his tenure as FKF Vice President in March 2015, Asembo was forced to flee for his dear life at the Milimani Law Courts after fans were baying for his blood in a case involving the federation and Kenya Premier League (KPL).Asembo was one of the candidates who were unsuccessfully vied for the position of the chairman of the Independent Electoral and Boundaries Commission in March.
