A Nairobi court has released two gold scam suspects on a cash bail of Ksh.500,000.
The prosecution wanted the two detained for a period of 14 days to allow them complete investigations into the gold scam matter.
Nicholas Otieno Ndolo and Thomas Otieno Ngoe were arrested on Tuesday for the offence of Conspiracy to commit a Felony contrary to Section 393 of the Penal Code.
According to court documents, the complainant who is a foreigner was introduced to Ndolo as a businessman dealing in gold business. After a formal introduction, they agreed that the complainant would purchase 300kgs of gold at a price of USD41,000 per kg (approximately Ksh.5 million) which would total to USD123,000,000 (approximately Ksh.15.9 billion).
The first accused, Ndoli, is said to have provided a bank account and USD1,000,000 (approximately Ksh.129 million) was allegedly wired by the complainant on February 10, 2023.
“The 1st respondent confirmed to have received the money and would then contact the complainant to witness the packaging of the gold in readiness of the said gold for shipment top Dubai,” the court was told.
Further, the prosecution told the court that the complainant waited in vain for an appointment to witness the packaging which prompted him to request documentation in regard to the purchase of the said gold.
It is then that the complainant realised that some of the documents such as the customs entry indicated on the declaration form dated 8th of March were not genuine.
The matter was reported at Capitol Hill Police Station on March 11, 2023 and upon investigation, it was discovered that after receiving the money, the accused transferred it to other accounts.
Upon arrest on March 14, 2023, Thomas was allegedly found with a firearm which police believe to have been used to commit crimes.
Senior Principal Magistrate Charles Mwaniki, while releasing the accused, said there were no compelling reasons to warrant the two be put in custody for a period of 14 days.
According to the magistrate, the prosecution did not tell the court that the two were a flight risk and therefore released them.
