It is relief after a court sitting in Nairobi has set free two people who had been charged with KES 64 million gold fraud for lack of evidence
The two, Partick Ngare Muchina and a Congolese national Muke Wa Mansoni Didier, told the court that the prosecution had dragged them to court without proper evidence and that the cash bail that had been posted should be refunded immediately.
Milimani Magistrate Hon. Susan Shitubi faulted the prosecution for hurriedly presenting a what was termed as a ‘weak case’ prompting the prosecution to make an application to have two of them set free.
“There is not enough evidence to convict the two accused, “said Magistrate Shitubi.
The Office of Director of Public Prosecutions after reviewing the file , informed the trial court that they intend to withdraw the criminal charges against the two since the evidence produced before court does not in anyway link the two to the alleged fraud.
The two had been charged with several counts of conspiracy to commit a felony and obtaining money by false pretenses from an Iranian businessman Sadegh Sadeghain Abolfazi.
ODPP informed the court that the second accused Kelvin Mwaura Ngotho will proceed with the trial, stressing that the evidence presented against him is overwhelming.
They were charged in 2023 with defrauding a foreigner Sh.64 million in a fake gold sale business.
They had been accused of obtaining USD 500,000 from Sadegh Sadeghian Abolfa by falsely pretending that they were in a position to sell to him 60 Kilograms of gold, a fact they knew was false.
The accused persons had also been charged with conspiring to commit the said offence.
They were alleged to have committed the offence on diverse dates between April 2021 and 14 April 2023 at Kilimani, Nairobi, jointly with others not before court.
They had been out on a bond of Sh 3 million with alternative cash bail of Sh 1 million.
The two now say that a lot of their time was wasted in the corridors of justice.
