Court acquits Chadian Abdoulaye Kouro of defrauding Mungatana
By Richard MungutiA West African herbalist accused of conning Tana River Senator Danson Mungatana Sh76 million in a fake petroleum oil business deal has been convicted for the offence of being in possession of fake currency amounting to Sh960,120,000.
But Milimani senior resident magistrate Ben Mark Ekhubi acquitted Abdoulaye Tamba Kouro, a Chad National of the offence of conning the politician Sh76million.
Acquitting Kouro, Mr Ekhubi said the prosecution failed to prove beyond reasonable doubt that the West African really conned the former assistant minister.
“It was Mr Mungatana’s word against Kouro. The prosecution had to call eyewitnesses who saw Mr Mungatana give the accused the money,” Mr Ekhubi ruled.
He added that failure to lead first-hand testimony deals the charge of conning Mr Mungatana a deadly blow.
Kouro was charged with fraudulently obtaining Sh76 million from Mungatana on diverse dates between April 20, 2011, and April 29, 2013, in Hurlingham, Nairobi.
He allegedly defrauded Mungatana the sum while pretending he was in a position to invest the money in the oil industry.
But the magistrate convicted Kouro on the charge of defrauding, Makau Muteke $6796 (about Sh700,000) through the pretext he was to invest it in business on March 9, 2017.
The magistrate also convicted Kouro of charges of being in possession of assorted fake currencies totaling Sh960,120,000.
State prosecutor Virginia Kariuki had urged the court to convict the accused saying she had presented tangible evidence linking him to the offence.
“I have presented tangible evidence to warrant the accused to be put on his defence,” Ms Kariuki submitted.
The trial magistrate had concurred with Ms Kariuki that the prosecution had established a prema facie case against the Chad national which warranted it (court) to place him on his defence.
The prosecutor had earlier successfully argued an application to have the bond granted to Kouro cancelled after he skipped court attendance several times.
The accused is currently detained at the Industrial Area Prison and will be produced in court for his defence.
Kouro is being defended by a city lawyer Stanley Kang’ahi.
Testifying in court Mr Mungatana remembered how Kouro, who was introduced to him by a friend, had asked him for an initial investment of Ksh500,000, which he doubled as promised.
Mungatana said he gave a second investment of Sh5 million which he said yielded Sh10 million after six months.
“He called me personally, a few months later, and told me not to bring small monies. I gave him one million US dollars. At the time, the exchange rate was 76,” Mungatana informed the court.
“I was very happy when I was told there was another opportunity to invest Sh5 million. I looked for money from friends and relatives including my brothers. Kouro had said I would be paid double the amount. After six months, he, true to his words, gave me back Ksh10 million and all these transactions were in cash. I never suspected that it would go wrong because the accused inspires you with confidence. When you go to his place you will see many vehicles,” the Senator said.
“I sold my property and shares. I borrowed money from friends and relatives. There were cars in my late wife’s name. I took short-term loans over the log books.”
Muungatana alleged that Kouro then switched his phone off and vanished shortly after receiving the money, putting his children’s education and the wellbeing of his family in jeopardy.
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