A Nairobi court has acquitted scrap metal trader Sheila Mwaikwasi after finding that the prosecution failed to prove its case beyond reasonable doubt, citing glaring gaps caused by the absence of crucial witnesses.
In its ruling, the court held that prosecutors failed to call investigators and technical officers who were central to establishing whether the energy equipment recovered from Mwaikwasi’s premises was restricted or stolen. The court noted that without such testimony, there were unresolved questions on inspection, verification, and the chain of custody of the items.
Mwaikwasi had been charged under Section 169(1)(c) of the Energy Act No. 1 of 2019 for allegedly handling restricted energy equipment. She consistently maintained that the materials were lawfully acquired from licensed suppliers and supported by proper documentation, including delivery notes and sales agreements.
Testifying in her defence, Mwaikwasi told the court that some of the consignments were purchased in bulk in 2023 and delivered from Arusha the same year. She further stated that the goods had been inspected and verified before her arrest in January 2024.
She was represented by Danstan Omari, who argued that his client met all the legal requirements to operate the business and had been trading for years without incident. Omari faulted investigators for arresting Mwaikwasi despite her having valid licences and complete documentation.
The trader also told the court that her business operates on a bulk-purchase model, with goods released only after full payment, and that she holds a valid association licence for the 2025/2026 period.
In acquitting her, the court emphasized that the burden of proof rests squarely on the prosecution and cannot be shifted to the accused. It found that the failure to call essential witnesses fatally weakened the case.
“Key witnesses did not come to testify,” ruled Magistrate Robinson Ondieki.
The decision brings to a close a case that had drawn attention to the enforcement of the Energy Act within the scrap metal trade, underscoring the need for thorough investigations and complete evidence before criminal charges are sustained.
