Flamboyant politician Steve Mbogo set free in Sh22.3m gold fraud case
Steve Mbogo has been let off the hook in a case he was charged alongside a Cameroonian with defrauding a Dubai based businessman of $223,000 ( Sh22.3million).
The two were accused of pretending they would sell the businessman 56 kgs of gold.
Chief magistrate Mrs Roseline Oganyo dismissed the case against Mr Mbogo and Harrison Gilbert after Mr Faizah Ahmed failed to appear in court to testify in the case since last year.
“ Mr Ahmed was aware that the case had been listed for hearing for today (Thursday) but chose to stay away.” Mrs Oganyo.
She added: “ Instead of turning up to adduce evidence against Mr Mbogo and Mr Gilbert he just sent an unauthenticated document indicating that he was scheduled to take his wife to a hospital in London on April 18, 2018.”
The magistrate said she read the medical report wired to the investigating officer from an overseas medical facility and established that it was not stamped by a lawyer to verify its authenticity.
Mrs Oganyo said Mr Ahmed has an history of failing to turn up in court to testify against Mr Mbogo.
She allowed the plea by the defence lawyer Daniel Bosire to acquit the accused under Section 202 of the Criminal Procedure Code since the office of the director of public prosecutions (DPP) had failed to procure the complainant’s court attendance.
“The complainant has developed cold feet in this case thus why he has not shown up to testify against Mr Mbogo and Mr Gilbert. He has no interest in the case at all. Acquit the accused under Section 202 of the CPC for want of prosecution,” Mr Bosire urged.
In her ruling, Mrs Oganyo allowed the defence lawyers request saying; “ Mr Ahmed made an allegation against the accused and does not want to up to prove it. I therefore acquit the accused under Section 202 for want of prosecution.”
She ordered the cash bail of Sh500,000 paid by the accused be refunded to them and also that Mr Gilbert be given back his passport.
The two had denied that on January 20, 2017 they defrauded the complainant of $223,000 ( Sh22.3 million) pretending they were in a position to sell 56 kilogrammes of gold, a fact they knew to be false.