The Case of the Sh 64 Million Gold Fraud
In a recent legal development, Partick Ngare Muchina and Muke wa Mansoni Didier, two out of the three individuals charged with a Sh64 million gold fraud case, have been acquitted by the court due to insufficient evidence.
The Case
The case revolves around allegations of fraudulent activities related to the sale of gold, where the defendants were accused of deceiving an Iranian businessman.
The Court’s Decision: Two Defendants Set Free
Magistrate Susan Shitubi presided over the case and declared the acquittal of two defendants, Partick Ngare Muchina and Congolese national Muke wa Mansoni Didier, citing a lack of evidence to convict them.
Defendants’ Response and Demands
Following their acquittal, Muchina and Didier demanded the immediate refund of their cash bail, asserting that they were unjustly prosecuted without substantial evidence against them.
Court Proceedings and Prosecution’s Application
The prosecution, upon reviewing the case, made an application to withdraw charges against the two defendants, acknowledging the insufficiency of evidence linking them to the alleged fraud.
Charges Against the Defendants
The defendants had been facing multiple charges, including conspiracy to commit a felony and obtaining money by false pretenses from the Iranian businessman.
Continuation of Trial for One Defendant
While two defendants were acquitted, the trial for Kelvin Mwaura Ngotho is set to proceed, with the prosecution emphasizing the presence of overwhelming evidence against him.
Timeline of Events and Alleged Offences
The fraudulent activities were purported to have taken place between April 2021 and April 2023 in Kilimani, Nairobi, involving a fake gold sale business.
Bail Conditions and Legal Proceedings
The defendants had been released on bond and cash bail, but they expressed frustration over the lengthy legal process and the time spent navigating the corridors of justice.
Defendants’ Perspective on the Trial
Muchina and Didier highlighted the toll the legal proceedings had taken on them, emphasizing the need for a fair and efficient judicial system.
Also Read: CEC Peninna Mukabana’s Response: A Controversy Unfolds
The acquittal of two defendants in the Sh 64 million gold fraud case sheds light on the challenges of prosecuting complex financial crimes and underscores the importance of robust evidence in securing convictions.
FAQs on the Case
- Why were the two defendants set free?The court acquitted the two defendants due to a lack of sufficient evidence to convict them of the alleged fraud.
- What were the charges against the defendants?The defendants faced charges of conspiracy to commit a felony and obtaining money by false pretenses in connection with the fraudulent sale of gold.
- What is the status of the third defendant?The trial for the third defendant, Kelvin Mwaura Ngotho, is set to continue, as the prosecution believes there is substantial evidence against him.
- Will the acquitted defendants receive compensation?It is unclear whether the acquitted defendants will receive compensation for the time and resources spent on legal proceedings.
- How does this case reflect on the judicial system?This case highlights the importance of evidence-based prosecution and the challenges of navigating complex financial fraud cases within the judicial system.
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