A Nairobi court Tuesday freed two Businessmen who had been charged with Sh64 million fake gold claims for lack of evidence.
The two Partick Ngare Muchina and Congolese national Muke wa Mansoni Didier said the prosecution had dragged them to court without proper evidence and their cash bail should be refunded immediately.
When they appeared before magistrate Susan Shitubi, the prosecution made an application to have them set free.
“There is no enough evidence to convict the two accused,” added Shitubi.
The State Prosecution 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 do not 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 Iranian businessman Sadegh Sadeghain Abolfazi.
The prosecution informed the court that a co-accused who is the second in the charge sheet Kelvin Mwaura Ngotho will proceed with the trial, stressing that the evidence before it is overwhelming.
They were charged last year with defrauding a foreigner Sh64 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 to be 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 Sh3 million with alternative cash bail of Sh1 million.
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