Controversial businessman Paul Kobia accused of being involved in a violent fight with a Congolese national and shooting in the air at a massage parlor within Kilimani area in 2017 is now a free man.
This is after Milimani Chief magistrate Wendy Kagendo Micheni on Monday, October 31, 2022, acquitted him of the criminal charge of behaving in a disorderly manner when carrying a gun in public for lack of evidence noting that the prosecution failed to prove the case.
Kobia had been charged with behaving in a disorderly manner by shooting in the air at Super Lodge along Kindaruma Road in Kilimani area at about 10 pm on March 5, 2017, when he went to claim over Ksh 28 million from Congolese national Landole Iseka Blanchard, the money he had given him in exchange for gold.
According to evidence tendered in court by Kobia during his defence, he admitted in court that he and the foreigner had been involved in a gold business transaction since Ju2016. Kobia told the court that he had given Landole 280 US dollars equivalent to Ksh 28 million, adding that the foreigner was to bring the gold in September of the same year.
"Landole disappeared with the Ksh 28 million and initially he would give me promises he was on the way to get the gold but eventually he did not deliver the same. I would get information from my sources that Landole was spotted in Kenya but when l called or texted him he would reply that he is still out of the country in pursuit of the gold," said Kobia during his defence hearing.
He further informed the court that on a fateful night, he together with his four bodyguards went to the Super lodge where Landole had been spotted and they found him with so many women at the club. Kobia.
"I however urged Landole to step out of the club so we could talk. So Landole agreed to my request and we went outside when we were outside the complainant tried to go back to the club. The owner of the club and other Congolese clients whom they were with Landore tried to pull him back to the club and that is when there was shouting and commotion. "
"Being a licensed firearm holder that is when l went to the car and brought my firearm and shot in the air once as per my terms of license which requires me that it should protect life and property. l therefore and deny l behaved in a disorderly manner," Kobia told the court.
He, however, urged the court to find that the prosecution through its five witnesses who had testified in the case including the owner of the club did not tender convincing evidence to find him guilty and convict him of the charge he faced.
While discharging Kobia, the magistrate concurred with Kobia that he did not behave in a disorderly manner as alleged by the state and upheld his defence evidence as justifiable.
"The evidence adduced in court showed that when Kobia tried to question Landore about his money, he tried to escape back to the club. it was said that the clients at the club who were his friends including other Congolese and the women he was with assisted him to escape, occasioning the violent incident which led to the accused shooting in the air," the magistrate noted
"The court finds that Kobia did not behave in a disorderly manner and is justified with the explanation given by the accused person. Therefore he is acquitted of the charge under section 215 of the Criminal Procedure Code(CPC), "Kagendo said.
The magistrate also ordered Ksh 500,000 which Kobia deposited with the court as surety to be refunded back to him. He was also given two weeks to renew his firearm certificate before his gun can be refunded back to him.
In the case, Kobia had earlier been discharged of two other counts of Kidnapping and assault after Landore withdrew the charges against him.
He had been charged alongside his four bodyguards who have since been acquitted for the offence of kidnapping and detaining the Congolese national Landole on March 9, 2017, at the massage parlour in the Kilimani area of Nairobi County.
