Nairobi businessman James Kimani has been acquitted of charges of being in unlawful possession of contraband worth Sh35million following raids at his two homes by the Anti-Counterfeit Agency (ACA) on May 30 and 31, 2015.
Milimani Senior Principal Magistrate Theresa Nyangena has ruled that the assorted electronic and edible goods were carelessly and negligently mishandled by ACA officials and Administration Policemen in violation of the law and rendered the businessman’s prosecution untenable and unsustainable.
“The prosecution has not shown by evidence that the items seized from Kimani’s houses were counterfeit and that they were found in his possession. The court finds that a case has not been made out against him sufficiently to require him to make a defence. The case against him is dismissed and he is hereby discharged forthwith,” Nyangena said.
It remained a mystery how the search was conducted and the goods identified for seizure since the prosecution chose not to call any of the APs, she pointed out and directed that the consignment should be released to Kimani.
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