A Nairobi court has absolved gospel musician Peter Blessing Mwanyalo in a fraud case lodged by his former boss and fellow gospel singer Kevin Mbuvi Kioko aka Bahati.
Blessing had been accused of obtaining Sh2, 039, 000 from Bahati under false pretenses. He was charged that on July 4, 2019, and January 5, 2020, at EMB records studios in Nairobi, he obtained the amount with intent to defraud by pretending that he was able to produce music videos with the said EMB.
In a new development on the case, Nairobi Principal Magistrate Bernard Ochoi acquitted Peter Blessing on grounds that the case is civil in nature and cannot be tried as a criminal suit.
The magistrate also ruled that the case is an abuse of the court process.
“This court finds that this case is civil in nature and cannot stand as a criminal matter. I find that a prima facie case has not been made out by the prosecution. I hereby rule that the accused has no case to answer. I, therefore, acquit him under Section 210 of the Constitution,” ruled Ochoi.
The magistrate further said the investigating officer in the matter did not conduct thorough investigations to ascertain whether the matter is civil in nature or criminal.
The court also noted that no evidence had been produced in court to show which music the accused produced and how much he earned from it.
The magistrate also found the investigations conducted by the police were very “casual in nature.”
Following his acquittal, Peter Blessing said: “As a Christian, I have nothing against Bahati and I have forgiven him. He really helped me in my career and I hold no grudge against him. Wherever he is let him know that I love him as my brother.”