Chinese, Taiwanese men held on cybercrimes suspicion released

Chinese nationals appear before a court in Nairobi on August 5, 2016 on cybercrime charges. They were set free. PHOTO | PAUL WAWERU | NATION MEDIA GROUP

What you need to know:

  • Senior Principal Magistrate Joyce Gandani ruled that prosecution did not fulfill its duty to sufficiently produce evidence against the 40 and ordered that they be repatriated to their native countries.
  • They had been arrested after another group of 37 Chinese nationals were caught and charged with similar offenses.

A magistrate’s court on Friday set free 35 Chinese and five Taiwanese who had been arrested and remanded for two years on suspicion that they were engaging in cybercrime-related offences.

Senior Principal Magistrate Joyce Gandani ruled that prosecution did not fulfill its duty to sufficiently produce evidence against the 40 and ordered that they be repatriated to their native countries.

“I now conclude that after examining all the evidence on record, I find that the prosecution has totally failed to prove its case against the accused persons, the defence was credible and convincing and I now acquit all of them,” Magistrate Gandani said.

The 40 had been charged with running a telecommunication system without a license, conspiring to commit a felony and engaging in an organised criminal activity.

They had denied the charges when they were arraigned in court in December 2014 and were not released on bond.

They had been arrested after another group of 37 Chinese nationals were caught and charged with similar offenses.

A fire in a residential house in Nairobi’s Runda estate had led to their arrest as well as the death of one unidentified Chinese.

On the fateful day, November 29, 2014, police went to the scene of the fire and stumbled on what was perceived to be a cyber-command centre capable of disrupting communication systems in the country.

The premise was believed to have housed more than 70 people among them those taken into custody.

The house’s upper floor was razed but communication equipment was found on the ground floor by police.