Court in Kenya Acquits Uganda's Ezra in False Pretense Case.
Ugandan tycoon Michael Ezra Mulyoowa was acquitted over allegations of obtaining goods valued at US$15,000 (Sh1.6 million) by false pretense.
Nairobi Senior Principal Magistrate His Worship Timothy Okelo ruled on Thursday 31, 2013 that the prosecution had not proved its case beyond reasonable doubt over allegations that the tycoon obtained the alleged goods and acquitted him under Section 210 of the Penal Code.
The Magistrate also acquitted Mr. Mulyoowa on a second count of issuing a bad cheque, ruling that there was no proof the signature on the alleged cheque belonged to him. The 39-year-old Uganda was accused of two counts of conspiracy to defraud and issuing a bad cheque.
It was alleged that in April 2009 at Westlands in Nairobi, he obtained 650 grams of a Chinese Herbal medicine from Dr. Pan Luanxue valued at US$15,000 (Sh1.6 million) by pretending that he was in a position to pay for the drugs.
In the second count, Mr. Mulyoowa was accused of issuing a cheque of US$20,000 to Dr. Pan Luanxue drawn on the account of Sunspace International Limited when he was aware that the account had no money.
However, the Magistrate ruled that the case was full of gaps and there was no evidence to link the tycoon with the offences he was alleged to have committed. In any event, the Magistrate ruled that there was no attempt by the prosecution to link Mr Mulyoowa with Sunspace International yet they claimed he drew the cheque in the company’s account.
On whether there was a transaction involving the Chinese herbal medicine, the Magistrate ruled that the complainant failed to produce in court the dates she alleged to have imported the drugs or any document to support the importation.
On the issue of the bouncing cheque, Mr Okelo ruled that the prosecution did not provide known specimens of the accused handwriting and also failed to call any documents examiners to check if indeed he was the person who signed the cheque.
Posted 5th, November 2013
