Fake gold case stalls after complainant misses court
By Print Reporter, July 11, 2024The case in which two businessmen are charged with obtaining Sh130,000,000 from an American national has been adjourned following the failure of the complainant to appear in court.
Seth Bernstein, the complainant and key witness in the matter failed to appear in court to testify, forcing leading the Milimani senior principal magistrate Rose Ndobi to adjourn the matter.
Bernstein lodged a complaint in court last year after losing the money in a fraudulent deal involving the purchase of gold.
Nicholas Ndolo and Thomas Ngoe were jointly charged with obtaining money by false pretences.
They are said to have received Sh130 million from Bernstein by pretending that the company, DSI Mining and Minerals Company Ltd was in a position to pay customs duties for 3,000kg of gold which was to be shipped from Kenya to Dubai which was false.
In the second count, the duo was charged with conspiracy to commit a felony contrary to section 393 of the penal code.
The court heard that on diverse dates between February 3 and 11, 2023 through a bank account held at Equity Bank Yaya Centre branch in Kilimani within Nairobi jointly with others who did not appear in court conspired to obtain Sh130 million property of Bernstein.
Separately, Ndolo faced a charge of making a false document which is against with the law. On May 16, 2022 at unknown place within the Kenya with intent to defraud, without legal authority or excuse made a Mineral Export Permit Ref. No. EAC /22/92709145705/2022 purporting it to be genuine mineral Exporting Permit issued by East African Community Customs.
According to investigations conducted by the DCI detectives, the duo conspired to defraud an American citizen $1 million as down payment of part of the Shi6 billion deal.
After denying the charges, the two accused persons through their lawyers urged the court to grant them reasonable bail terms claiming they have been out on a cash bail of Ksh500,000 before Kibera Law Courts where they had been arraigned last month pending investigations by the police.
The magistrate however ordered each of the accused persons to be released on a bond of Sh1 million or a cash bail of Ksh500,000. The hearing will proceed on September 24.