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Man Acquitted of Sh110,000 ATM Theft in Kisii

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Published on Wednesday, 12 October 2011 15:02

A man who was charged with stealing his girlfriend's money using her ATM card was yesterday acquitted by a Kisii Court due to lack evidence. Benjamin Magare Nyamweya was charged that on diverse dates between May 19 and 29 at Equity Bank, Kisii branch, he stole Sh109, 840 from account number 0790193561858, the property of Asnah Kemunto Onwong'a.

The accused who denied that charge before chief magistrate Esther Maina was set free after the prosecution failed to prove the case beyond reasonable doubt. In her evidence, Kemunto had told the court that he knew the accused because he was his friend saying that she however did not know his home.

Kemunto, an employee of Mwalimu Hotel, told the court she was preparing herself to go to work on June 2 when she found her ATM card on the floor. She said that she had kept it in her handbag together with the PIN number saying that the accused was not in the house when she found it. "I had not removed the ATM card from my handbag. I decided to go to the bank to check the balance that is when I discovered something was amiss," she said. She told the court that she had Sh109,840, but upon checking she only found a balance of Sh159 saying that she had not withdrawn any money previously.