A Nairobi court has acquitted businessman Abbas Badru Omuyoma, also known as Yuri Sande Ismael, of charges relating to an alleged Sh8.1 million gold fraud, after finding that the prosecution failed to prove its case.
In a ruling delivered at the Milimani Law Courts, Senior Principal Magistrate Robinson Ondieki held that there was no evidence showing that Omuyoma ever received the money he was accused of fraudulently obtaining.
Prosecution Failed to Meet Legal Threshold
The trial magistrate ruled that the prosecution had failed to meet the required evidentiary threshold to sustain the charges, noting that key elements of the offence—particularly proof of receipt of money by the accused—were not established.
“The prosecution has failed to demonstrate that the accused person received any money from the complainant,” Magistrate Ondieki ruled.
The court further found that the State failed to prove that Omuyoma defrauded the complainant, a gold trader, of the alleged amount.
Background of the Charges
Omuyoma had been charged with obtaining USD 54,550 (approximately Sh8.1 million) from Yvan De Coninck by falsely pretending that he was in a position to sell 15 kilograms of gold.
The charge sheet stated that the alleged offence occurred on August 11, 2021, within Nairobi County, and that the accused acted with intent to defraud.
Accused Gave Detailed Defence
In his sworn defence, Omuyoma told the court that he was approached by a woman identified only as “Madam Pinky,” who asked him to help link her associates with a gold supplier.
He said he introduced the supplier to entities identified as BlueGrak and Zonkul, after which the parties entered into discussions for a potential supply of 200 kilograms of gold.
However, Omuyoma testified that he later withdrew from the negotiations after disagreements emerged between the parties.
No Money Paid to Him, Court Told
Omuyoma further told the court that following the collapse of the deal, he was summoned by officers from the Directorate of Criminal Investigations (DCI) to record a statement regarding the failed transaction.
He maintained that no funds were ever wired directly to him, explaining that his role was limited to that of an intermediary agent.
According to Omuyoma, the parties had agreed that he would only be paid a commission upon successful completion of the transaction—payment which he said has never been made to date.
“The only thing that I am aware of is that there was some money wired into an escrow account between Blue Creek and Jason,” Omuyoma told the court.
Court Finds No Proof of Fraud
In acquitting the businessman, the magistrate found that the evidence on record did not support the prosecution’s narrative and that the alleged transaction breakdown could not, on its own, amount to criminal fraud.
The ruling brings to an end a case that had been pending in court since 2021.