A Nairobi magistrate’s court has acquitted a city businessman who had been charged with defrauding a Canadian national of KSh 8.1 million in an alleged gold scam.
Abbas Bardu Omuyoma was accused of obtaining USD 54,550 (approximately KSh 8.1 million) from Yvan De Coninck on August 11, 2021, by falsely claiming he was in a position to sell 15 kilograms of gold.
The case was heard before Milimani Senior Principal Magistrate Robinson Ondieki, who had earlier placed Omuyoma on his defence.
However, in a ruling delivered after the close of the four-year trial, the magistrate acquitted the businessman, finding that the prosecution had failed to meet the required threshold to sustain the charges.
The court heard that the case arose from a proposed gold transaction that never materialised due to disagreements among the parties involved.
In his defence, Omuyoma told the court that his role was limited to facilitating discussions between the parties and that he did not personally receive any money linked to the deal. He said he issued an invoice in his capacity as an agent, with the expectation of earning a commission, but maintained that no payment was ever made to him.
Omuyoma testified that he was approached by a woman identified as Madam Pinky, who asked him to help source a supplier for the gold. He stated that any funds related to the failed transaction were deposited into an escrow account associated with entities known as Blue Creek and Jason, and not into his personal accounts.
He further told the court that he later withdrew from the negotiations and that after the parties fell out, he was summoned by the Directorate of Criminal Investigations (DCI) to record a statement regarding the collapsed deal.
The magistrate ultimately ruled that the evidence presented by the Office of the Director of Public Prosecutions was insufficient to prove the charges against Omuyoma beyond a reasonable doubt.
