By Andrew Kariuki
A Mavoko based law court has acquitted a scrap metal dealer who had been charged with stealing and handling vandalised electricity equipment, after finding that the prosecution failed to prove its case beyond reasonable doubt.
In a judgment delivered on December 10, 2025, the Chief Magistrate’s Court at Mavoko cleared Luo Minghui,a chinese national, of all charges arising from alleged theft and handling of copper materials belonging to Kenya Electricity Transmission Company (KETRACO) and Kenya Power and Lighting Company (KPLC).
The accused had faced multiple counts, including stealing copper conductors, bars and transformer fuses valued at over Ksh1.3 million, as well as alternative charges of handling stolen goods and wilfully dealing with vandalised energy equipment.
The prosecution alleged the offences occurred between April and June 2023 at undisclosed locations, with some materials allegedly recovered at Jinxin Commercial Limited in Athi River.
In analysing the evidence, the court noted major gaps and inconsistencies in the prosecution’s case.
None of the seven prosecution witnesses testified to having seen the accused steal any of the materials, and no CCTV footage was produced to link her directly to the alleged theft.
The court also observed that investigators failed to prepare or produce an inventory of the recovered items, photographs or expert reports confirming the origin and ownership of the copper.
The magistrate further found that ownership of the recovered materials by KETRACO or KPLC was not conclusively established, noting that witnesses gave conflicting accounts and admitted that some of the items had no unique markings.
Evidence also showed that the accused was a licensed scrap metal dealer who routinely handled large volumes of scrap, weakening the prosecution’s claim that she knowingly retained stolen property.
In acquitting the accused, the court held that suspicion, however strong, could not replace proof and emphasised that doubts arising from inconsistent testimony and poor documentation must be resolved in favour of the accused.
The court ordered her immediate release unless otherwise lawfully held and informed parties of their right to appeal within 14 days
