A Nairobi court acquitted politician Francis Mureithi of fraud charges involving Sh320 million after finding that the prosecution failed to present sufficient evidence to prove the case beyond reasonable doubt.
In its ruling, the court held that the evidence presented by the prosecution was inconsistent and did not adequately establish criminal liability on the part of Mureithi.
As a result, the court found that the accused had no case to answer and acquitted him under the law.
The case arose from a complaint lodged about five years ago by retired United Nations diplomat Haile Menkerios. Menkerios had alleged that he was defrauded of Sh320 million in a deal linked to a purported food supply contract at the Department of Defence (DoD) headquarters.
According to the complaint, the money was allegedly paid in anticipation of securing the lucrative contract, which later failed to materialize.
During the trial, the prosecution argued that the funds were obtained through false pretences, claiming the accused misrepresented his ability to facilitate the award of the contract.
However, the defence maintained that the transaction was a private commercial arrangement that did not amount to a criminal offence and that no evidence was produced to show fraudulent intent.
In acquitting Mureithi, the court noted that the prosecution had failed to demonstrate a clear link between the accused and the alleged fraud, or to prove that the money was obtained dishonestly.
The magistrate further observed that key aspects of the alleged agreement were not sufficiently supported by documentary or testimonial evidence.
Following the ruling, Mureithi welcomed the decision, terming it a vindication after years of legal uncertainty.
He maintained his innocence throughout the trial and said the case had caused him reputational and personal distress.
The Office of the Director of Public Prosecutions (ODPP) has not immediately indicated whether it will appeal the decision.
The acquittal brings to a close a case that had attracted public attention due to the large sums involved and the prominence of the individuals linked to the dispute.
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