The Director of Public Prosecution dropped criminal charges against seven people who allegedly defrauded Sameer Group Chairman Naushad Merali.
They defrauded him Sh10 million by mimicking the voice of former President Uhuru Kenyatta.
Milimani chief magistrate Lukas Onyina marked the case as withdrawn after prosecution told court that they wished to have the case dropped against Duncan Muchai, Isaac Wajekeche, William Simiyu, David Luganya, Gilbert Kirunja, Anthony Wafula and the flamboyant businessman Joseph Waswa.
"Your honour we wish to withdraw the case against the accused persons for lack of witnesses after the complainant, Sameer Africa chairman Naushad Merali passed on in July 2021," the court was told.
The case had come up for mention on Friday, May 6, 2023.
The prosecutor informed the court that following the death of the complainant, the investigating officer in the matter is unable to find witnesses to testify in the case.
The prosecutor also said that efforts to even trace Sameer Africa Finance chief Akif Hamid who was also a key witness in the case have also been fruitless.
"We urge the court to kindly allow the case to be withdrawn under Section 87 of the Criminal Procedure Code (CPC) as the current investigating officer is unable to trace the witnesses in the case following the death of the complainant," Gikunda told the court.
Also in court, the DPP has been ordered to supply witness statements to a media Commercial Director accused of threatening to kill an ex-lover in 2019 through text messages.
The court gave directions after tej defence said they had not received witness evidence from the prosecution for pre-trial.
The case will be mentioned on May 19 for pre trial.
In the case, the director is accused of sending several threatening messages to Hussein Aila Amaro on June 14 and 15, 2019 at an unknown place.
Some of the alleged messages she sent are, “Now tell me what ... you will do to me and you see I will finish you ...”.
Another message reads “.... if I get that Swarma … she will know who I am ....” Some words have been omitted owing to their explicit nature.
She’s facing four other counts of threatening to kill Husein.
She denied the charges and she is out on cash bail.
