A court in Mavoko has cleared a Chinese scrap metal dealer of charges linked to the alleged theft and handling of power utility equipment valued at more than Sh1.3 million after finding the prosecution case fatally weak.
Luo Minghui, the director of Jinxin Commercial Limited based in Athi River, was acquitted after the court ruled that the state failed to prove any of the charges brought against her. Chief Magistrate D. Kuto held that the evidence presented did not meet the legal threshold required for a criminal conviction. Luo was represented by advocate Cecil Miller.
In a decision delivered on December 10, 2025, the court rejected claims that Luo stole or knowingly handled copper bars, conductors, and transformer fuses said to belong to Kenya Electricity Transmission Company and Kenya Power. The magistrate found major gaps in the prosecution’s case and noted inconsistencies across witness testimony.
The alleged offences were reported to have taken place between April 30 and June 13, 2023. Luo denied all charges, which included stealing, handling stolen goods, and unlawful possession of vandalised energy equipment under the Energy Act.
Seven witnesses testified for the prosecution, including engineers from the two power companies and police officers involved in the investigation. Their evidence failed to directly connect Luo to any theft. The court observed that none of the witnesses claimed to have seen her steal any of the items listed in the charge sheet.
KETRACO security assistant Henry Mogere Ogembo told the court he never witnessed Luo take any copper materials. The magistrate restated settled law that suspicion alone does not amount to proof and cited appellate authority on the need for evidence to establish guilt.
The investigation process was also faulted. The lead investigator, CPI David Langat, admitted no inventory or photographs were prepared during searches conducted at the premises on June 12 and 13, 2023. Another officer claimed an inventory was signed, but the document was never produced in court. The magistrate stated that the absence of an inventory left the recovery process unclear and unreliable. Witness accounts on what was recovered and from where were found to conflict.
The court further noted that engineers from both power companies were unable to positively identify the recovered items as their property. The cables had no serial numbers or markings linking them to either KETRACO or Kenya Power.
Peter Keita, who testified as an e-waste expert, said he could not identify the specific copper allegedly recovered from Luo’s premises. Police officer Evans Nyamamba told the court that officers did not find the materials they were initially tipped about. He also confirmed that a KETRACO official first stated the wire pieces recovered did not belong to the company.
In her defense, Luo maintained she operated as a licensed scrap metal dealer. The court accepted this explanation and stated it was unreasonable to expect such a trader to verify the origin of every item supplied to the business.
On the charge related to vandalized energy equipment, the magistrate found no evidence showing Luo had knowledge of vandalism or links to any criminal network. The prosecution failed to call a witness to establish such awareness.
The court consequently entered a verdict of not guilty on all counts and ordered Luo’s release.
