Two people accused of issuing bad cheques and obtaining money by false pretenses from a Nairobi tour company have been acquitted after a magistrate ruled that the prosecution failed to prove its case beyond reasonable doubt.
Weak Prosecution Evidence Cited
Milimani Principal Magistrate Caroline Mugo acquitted Joan Ann Njeri and Raymond Kilimo Yego, noting that the prosecution’s case was “riddled with inconsistencies and evidentiary gaps.”
The pair had been accused of defrauding Africa Touch Safaris Limited (ATS) by obtaining air ticketing and related services worth KSh 614,880 between April and June 2018, under the false pretense that they could pay for them.
Alleged Use of Dishonored Cheques
Prosecutors alleged that the accused issued two cheques from Booking Partners K Limited — one for KSh 135,480 dated April 25, 2018, and another for KSh 58,400 dated April 27, 2018 — both of which were later dishonored due to insufficient funds.
They were charged with obtaining services by false pretenses and issuing bad cheques, contrary to Sections 313 and 316A of the Penal Code.
Court Finds No Proof of Intent to Defraud
However, in her detailed judgment, Magistrate Mugo said the investigating officer failed to provide sufficient evidence showing that the accused intentionally sought to defraud the tour company.
“The prosecution failed to link the accused persons to any deliberate scheme to obtain services deceitfully. The gaps in the evidence create reasonable doubt,” the court ruled.
The court consequently acquitted Njeri and Yego under Section 215 of the Criminal Procedure Code, effectively ending the seven-year case.
Defence Welcomes the Ruling
Speaking outside the Milimani Law Courts, the defence team welcomed the verdict, saying justice had finally prevailed. The accused thanked the court for recognizing that the case was built on “incomplete and inconsistent evidence.”
Lessons for Businesses
Legal analysts have highlighted the ruling as a reminder for Kenyan businesses to conduct due diligence when engaging in commercial transactions involving cheques or deferred payments.
The Office of the Director of Public Prosecutions (ODPP) has not indicated whether it will appeal the judgment.