A businesswoman accused of stealing more than Sh4 million from a family business has been acquitted by a Nairobi court.
Chief magistrate Doreen Mulekyo said the prosecution had failed to produce enough evidence for the court to find Gladys Rose Fernandes guilty of the charges levelled against her.
"The gaps in the prosecution’s case make it unsafe to connect the accused person with the alleged theft, and the prosecution case raise more questions than answers," the magistrate said.
The woman had been charged together with her late husband Salvacao Cipriano Fernandes with stealing Sh4,310,302 belonging to Advanced Catering Services.
The couple and a relative, Stephen Joseph Vaz were directors of the company, which was incorporated in 1994.
The prosecution had alleged that the two transferred money to their personal accounts on April 3, 2001.
While analysing facts, the magistrate said the
company had three bank accounts, two current accounts and a fixed deposit account.
Sometimes in 1995, the company started making losses leading to the resignation of the judges.
While testifying, Vaz alleged that the funds were credited to personal accounts of the couple, without board resolution.
He also denied converting the assets belonging to the business for personal benefits.
Vaz accused Fernandes of moving the money deposited in a fixed deposit account, to his detriment.
Fernandes chose to remain quiet while she was placed on her defence.
"While a lot of premium was placed by the prosecution on the absence of resolution authorising to liquidation of funds in the fixed deposit account, they could also not produce one confirming the deposit of the funds and the intended purpose," Mulekyo said.
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