The defendants had been charged with obtaining Sh4.3 million by falsely claiming to have supplied seafood to hotels and establishments such as Tamarind Limited Nairobi and Karen Country Club.

The magistrate cited Section 215 of the Criminal Procedure Code, noting insufficient evidence to sustain a conviction under Section 313 of the Penal Code.

While the court acknowledged that the complainant had invested money in the venture and suffered losses, it ruled that loss alone does not meet the legal threshold for obtaining money by false pretences.

The prosecution was required to demonstrate deliberate false representations to induce the complainant’s payment, a burden the court found unmet.

Testimony from the complainant, Fredrick Murethi Thuita, showed he had invested cash and M‑Pesa transfers but lacked written agreements or documentary proof of many transactions.

Kasembeli and Gesami each described the venture as a genuine seafood business operating under the names Tule Fish and Tule Fresh, with capital contributions of Sh500,000 and Sh800,000 respectively, and asserted the complainant withdrew early.

The court concluded that the defence’s account was plausible and not effectively challenged, leading to the final acquittal of both accused persons.