Two businessmen linked to the Sh64 million gold scam have been freed.
The two, identified as Partick Ngare Muchina and Congolese national Muke wa Mansoni Didier were charged with several counts of conspiracy to commit a felony and obtaining money by false pretenses.
The court found there was insufficient evidence against the two, but their co-accused, Kelvin Mwaura Ngotho, will be charged further, considering the evidence against him was overwhelming.
They were accused of defrauding an Iranian businessman, Sadegh Sadeghain Abolfazi, of Sh64 million in a fake gold sale business.
“There is not enough evidence to convict the two accused,” ruled Milimani Magistrate Susan Shitubi.
When the three appeared before court for mention of the case, the prosecution made an application to have them released.
After reviewing the file, the State informed the trial court that they intended to withdraw the criminal charges since the evidence produced before the court did not link them to the alleged fraud.
The duo was released on a bond of Sh3 million with alternative cash bail of Sh1 million each.
Shitubi directed that their cash bail be refunded immediately.
According to the State, the three allegedly obtained USD 500,000 from Abolfazi by falsely pretending that they were in a position to sell him 60 Kilograms of gold, a fact they knew to be false.
They were alleged to have committed the offense on diverse dates between April 2021 and April 2023 in Kilimani, Nairobi, jointly with others not before court.