A Nairobi court has acquitted UDA Woman Representative aspirant Faith Nguthu of fraud charges arising from a disputed KSh25 million tender transaction involving alleged Kenya Medical Supplies Authority (KEMSA) tenders.
The court ruled that the prosecution had not provided sufficient evidence to prove beyond reasonable doubt that Nguthu obtained money from the complainant through false pretences or misrepresentations.
In the case, the complainant alleged that he released millions of shillings after being made to believe that genuine KEMSA tenders had been secured.
He claimed the money was part of transactions connected to the procurement deals.However, the court found significant shortcomings in the prosecution’s case.
Among the issues considered was the absence of clear evidence directly linking Nguthu to a number of the payments cited by the complainant.The court also considered the nature of the relationship between the two parties.
Evidence before the court indicated that their dealings extended beyond a conventional business relationship, with Nguthu testifying that they had been romantically involved.
The investigating officer also told the court that WhatsApp conversations between them included the complainant referring to Nguthu as “babe”.
The court further observed that their financial arrangements were mainly conducted through verbal discussions and WhatsApp conversations, despite the substantial amounts of money involved.
Questions were also raised over the authenticity and ownership of telephone numbers used in the WhatsApp exchanges.
The prosecution did not call a telecommunications provider to confirm that the numbers belonged to or were being operated by Nguthu. Neither the forensic expert nor the investigating officer had independently established ownership of the numbers.
The court also faulted the prosecution for failing to call key recipients of funds mentioned in the case. Charles Kusoi, who allegedly received KSh3 million, and a representative of a monitoring agency said to have received KSh4 million, were not called to testify.
Similar gaps emerged regarding KSh5.5 million allegedly paid to Alhusnain Motors Limited and another KSh7 million paid to Fisel Limited.
Representatives of the companies were not presented to explain the transactions or establish a connection between the payments and Nguthu.
The court took note of the complainant’s own evidence that he was a co-signatory to Fisel Limited’s bank account together with Nguthu.
On the alleged forged tender documents, the prosecution also failed to produce direct evidence demonstrating that Nguthu created, altered or participated in their preparation.
Having considered the evidence, the court concluded that while the circumstances surrounding the transactions could raise suspicion, they did not satisfy the legal threshold for a criminal conviction. Nguthu was consequently acquitted under Section 215 of the Criminal Procedure Code on all charges.
The court further directed that the cash bail deposited in the case be released to the depositor.
The case stemmed from a financial dispute involving alleged KEMSA tender opportunities in which the complainant claimed to have lost KSh25 million.
Nguthu denied criminal wrongdoing, with the defence challenging the prosecution’s evidence and its failure to establish a direct link between her and several of the disputed transactions.
The court ultimately held that the prosecution had failed to prove its case beyond reasonable doubt, reaffirming the principle that suspicion, no matter how strong, cannot substitute proof in a criminal case.
