By Chris Ojow
Senior Principal Magistrate Muthoni
Njagi while acquitting a prominent
businessman Charles Ondieki Nyabuto,
stressed that the State prosecution
failed to prove their case.
The court also established that the
accused was indeed owed money by the
complainant contrary to allegations in
the charge sheet, and during the trial
through the accused submission filed
before court, it turned out that it was
the complainant who owed the accused and
intentionally refused to pay .
The complainant Maurice Owiti after
refusing to pay for his goods to be
cleared used an illegal means to
intimidate the accused whereby the
accused ended up being charged at
Milimani lower criminal court with
allegations of fraud.
It was Established that value of
transaction was $2.5m where by $1.5m was
paid and balances owned to the accuser
was $1m in which there was a written
agreement and was presented in court.
When goods arrived at the port the
complainant did not have the balance but
paid only 10m ksh in which the accused
refused to release the containers .it’s
for these reason that complainant
allegedly used blackmail means but never
materialized.
He was accused of obtaining the money
from Maurice Owiti by falsely
pretending that he was in a position to
clear containers from the port of
Mogadishu.
( Chris Ojow is Award winning Photojournalist and Founder African Times News Media website www.africantimes.co.ke
0724 656913-WhatsApp
onyangoojow@gmail.com )
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