A Nairobi Court has acquitted ten people accused of defrauding Kitui-Mwingi Cluster investor group of Sh52.3 million.
The ten says they had been maliciously Charged without evidence.
The ten Joshua Memusi Meisi,Likam Ole Kiambu,David Ntete ,David Ole Nkaratoi,John kiyian,Soi Rapel ,Odinga Letole,Daniel Naikuni ,James ole Karu ,Epancha Santamu Nesenke,Salaash Ole Parmuat and Lodiaka Lemario appeared before magistrate Bernard Ochoi today and to their Surprise the prosecution made an application to withdraw the case.
They had been charged with obtaining the said money by falsely pretending that they were selling shares each valued at one acre piece of land for Dupoto Darfur Welfare Society, a fact they knew to be false.
They were alleged to have committed the offense on diverse dates between 13th October 2020 and 4th May 2022 in Nairobi County, jointly with others not before court, with intent to defraud.
The accused persons were also charged with conspiring to defraud the Kitui-Mwingi Investors Cluster the said money.
They had denied the charges before Senior Principal Magistrate Bernard Ochoi.
However, his 11 co-accused persons did not appear in court to answer to the charges prompting the court to issue summons against them.
Meisi was granted a bond of Sh 5 million with alternative cash bail of Sh 3 million and one contact person.
The prosecution had listed six witnesses and a police serget to testify against them.
Defense lawyer Benson Nzakyo among other lawyers informed the court that they had just been informed about the prosecution’s intention to withdraw the case, they were not aware.
“We are not objecting to the prosecution application though we have been informed about the withdrawal at the corridors, “added Nzakyo.
The defense lawyers however wanted to know the facts for withdrawal saying they have a right under article 50 which talks about the right to fair trial.
The prosecution wanted to withdraw under section 57 of the constitution.
They said there is a letter addressed to the DPP that raises weighty issues.
The accused complained that the investigations done by DCI were shoddy and wanting and there is no evidence against them to sustain conviction against them.
They have been acquitted under section 87A of the CPC.