A magistrates court has ruled that the prosecution has failed to prove its case against a man accused of obtaining Sh76 million from Tana River Senator Danson Mungatana.
Magistrate Ben Mark Ekhubi said the prosecution failed to discharge the burden that the accused obtained the monies for Mungatana.
He observed that Mungatana was always in the presence of his bodyguard when the monies were falsely obtained from him but the state never called him as a witness.
"It was the accused person's word against Mungatana. I find with empathy that the burden was not discharged. He is acquitted on that account," said the Magistrate.
The politician who was the first witness in the case gave an emotional testimony of how he sold his property and gave the money to who lied that he would help him invest it and give returns.
He was the first witness in the case.
But Abdoulaye Tamba Kouro denied being in any oil industry business and receiving money from Mungatana.
In his defence, he submitted that no evidence was produced by the politician to show that he sold his properties.
He said there was also nothing to show he received any money from Mungatana.
Even though Tamba was acquitted on that count, the court found him guilty of three other charges.
Tamba was arraigned in court and charged with four counts. O
n the first count, he was accused of having papers intended to resemble and pass as currency notes.
It is alleged that on October 1 2018 at Sandalwood apartment, Westalnds with others not before court had in his possession 54,000 pieces of forged US dollars, 19,000 pieces of EURO, and another 3400 pieces of EURO.
They were all valued at 960million shillings.
The court found him guilty on this count.
Ben Mark similarly found him guilty on the count of forgery and another count of obtaining money by false pretence from a man identified as Makau Muteke.
The court said the prosecution proved beyond doubt that the accused with intent to defraud obtained from Makau sh 700,000 by falsely pretending he was in a position to invest for him in a business.
Mitigation and sentencing will be on November 9.
