Chinese scrap metal dealer acquitted of theft charges

A Chinese scrap metal dealer, Luo Minghui, has been acquitted of charges of stealing copper conductors, bars, and transformer components, after a magistrate ruled there was insufficient evidence to convict her.

Minghui had been charged in 2023 with theft and handling of stolen goods after vandalised electricity materials were found at her godown in Athi River, Machakos County.

The items, valued at Sh1.3 million, included 350 metres of copper, copper earthing conductors, copper bars, and transformer fuses belonging to Kenya Power.

The prosecution alleged that the offences occurred between April and June 2023, with the materials discovered at Jinxin Commercial Limited in Athi River, a company run by Minghui. She pleaded not guilty.

In a judgment delivered two weeks ago, Mavoko Chief Magistrate Derrick Kuto acquitted Minghui, citing insufficient evidence.

Seven witnesses testified against her, but the magistrate said their testimonies were contradictory and inconsistent on several points. “Where there is lack of sequence, doubt should be in favour of the accused,” he noted.

The magistrate further observed that even the allegedly stolen copper wires were never produced in court as exhibits. No witness directly linked Minghui to the theft, nor was there evidence placing her at the scene of the alleged offences.

The court also highlighted investigative shortcomings, including the failure to produce an inventory of the recovered materials, photographs, or expert reports confirming their origin.

Minghui, a licensed scrap metal dealer, had denied any wrongdoing. The court found no proof that she knowingly dealt in stolen or vandalised electricity equipment. “The prosecution must prove that whatever is in her possession, she knows it is stolen or amounts to vandalised property,” Magistrate Kuto said.

The magistrate concluded: “Having carefully evaluated the evidence, I find that the prosecution has not proved this case beyond any reasonable doubt. I acquit the accused person in all counts and order that she be set at liberty forthwith unless otherwise lawfully held.”

 

by Peter Obuya

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