- The prosecution failed to call Senator Mungatana’s bodyguard to testify
- Senator had claimed that his bodyguard was present anytime he was with accused
A Nairobi court has discharged a Chad national accused of obtaining 76 million shillings from Tana River Senator Danson Mungatana.
In the case, the Chadian Herbalist Abdoulaye Tamba Kouro was charged with obtaining 76 million shillings from Tana River senator Danson Mungatana.
In his ruling trial magistrate Ben Mark said that the prosecution did not call the bodyguard who Mungatana had told the court that every time the accused gave him money was there .
According to the magistrate the bodyguard was a critical witness in the case whom the prosecution failed to call.
However the court convicted him of three other counts that of forgery.
“I find prosecution has failed to discharge the burden that accused obtained money from. Mungatana. It was the accused persons word against mungatana…I find with empathy that burden was not discharged. He is aacuited.”court ruled
He was however found guilty of being in possession of papers intended to resemble and PSS as currency notes and other two counts.
He will sentenced on 9th of next month