Kirubi, 13 others acquitted in Uchumi supermarket case

Written By:Dzuya Walter,    Posted: Tue, May 24, 2011

Mr Kirubi and his co-accused were found innocent by Nairobi Chief Magistrate Gilbert Mutembei City businessman Chris Kirubi and 13 others charged over the alleged irregular sale of an Uchumi Supermarket store have been acquitted. Chief magistrate Gilbert Mutembei Tuesday ruled that there was no evidence to prove that the defendants engaged in a scheme to defraud Uchumi through the sale of one of its branches. Lawyers for the accused persons argued that the prosecution failed to show there was conspiracy to defraud Uchumi. The court also ruled that the supermarket chain was not Parastatals and as such board members were not accountable to the public. Trial magistrate Mutembei ruled that there was no evidence that Uchumi was defrauded through the sale of the said property and subsequently acquitted the 14 persons. In the case, the 14 suspects including Chris Kirubi were accused of conspiring to defraud the supermarket chain by selling off the Aga Khan Walk branch for 147 million Shillings without valuation. According to the State, the former directors failed to ensure that the company got the best deal from the sale. The sale of the branch in 2004 led to the fall of Uchumi Supermarkets, leading to a decision to close the chain of stores. Elsewhere a man Thomas Kagwe Mbugua has filed a petition seeking to stop the process of appointing Keriako Tobiko as Kenya's Director of Public Prosecutions. Kagwe want the respondents restrained from processing Tobiko as the next DPP until his petition is heard and determined. The respondents include representatives from the President and Prime Minister's offices, State Law Office, Cotu, and Law Society of Kenya among others.