By Andrew Kariuki
The Milimani Magistrates Court has acquitted former Embakasi East parliamentary aspirant Francis Mureithi Wambugu of charges related to an alleged ksh320 million fraud, after finding that the prosecution failed to prove its case to the required legal standard.
In a judgment delivered on Wednesday, Milimani Senior Principal Magistrate Robinson Ondieki ruled that the evidence presented by the State was insufficient to sustain a criminal conviction, bringing to an end a case that had been before the court for nearly five years.
Mureithi had been charged alongside businessman Francis Mwaura over claims that they defrauded a retired United Nations diplomat through a purported food supply tender at the Department of Defence.
The complaint was lodged by Haile Menkerios, a former senior UN official based in Addis Ababa, who alleged that the two induced him to part with Ksh320 million on the promise of securing the tender.
The court noted that the prosecution moved to close its case last week after calling only two witnesses.
Magistrate Ondieki observed that while allegations had been made, the State failed to present cogent and consistent evidence linking Mureithi to the offence as charged.
According to the prosecution, the accused persons allegedly misrepresented to the complainant that they could facilitate the supply of foodstuffs to the Department of Defence.
It was claimed that funds were transferred between April and November 2016 through several companies, including Doc Find Limited, Wina Trading Limited, New Research Path Company, Hammond Agencies and Sembel Trading.
During the trial, one witness told the court that she handed over more than USD 200,000 through cash and bank transfers after being introduced to the accused as company directors.
Another witness, an advocate, testified that he had drafted memoranda of understanding related to the alleged supply contract after receiving instructions from one of the accused.
However, the court found that the prosecution’s case did not meet the threshold of proof beyond reasonable doubt.
In acquitting Mureithi, the magistrate held that the gaps in evidence were fatal and could not support a conviction under criminal law.
The ruling clears Mureithi of the ksh320 million fraud allegations that arose from events dating back to 2016.
