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Nairobi court remands six suspected ‘gold’ fraudsters

Six suspects arrested over a Sh2.8 billion fake gold deal will spend the new year in custody after a court declined their bail plea.

Milimani law courts senior principal magistrate Ms Wandia Nyamu directed a Congolese national Muke Wa Mansoni Didier plus five Kenyans namely Patric Otieno Oduar, Brian Otieno Anyanga, Makfish Riogi Kabete, Ken Omondi Kimboi, and Joshua Odhiambo Engade be detained at the Industrial area prison remand until January 9, 2024.

Ms Nyamu required defence lawyer Simon Mburu for the accused persons to apply for their release on bond on January 9, 2024, when they will be presented before the trial magistrate for pre-trial directions.

The six were arrested at Kileleshwa, a Nairobi suburb, on December 27, 2023, during a sting operation carried out by officers attached to the serious crimes unit of the Directorate of Criminal Investigations (DCI) and charged with fraud.

The prosecution told Ms Nyamu the accused had conspired to defraud a Malaysian investor namely Halid Bin Mohammed Yaacob Sh2.85 billion claiming they were in a position to sell to him 500kg of pure gold.

The six allegedly hatched the plot to defraud the Malaysian businessman of the colossal sum on diverse dates between October 19, and December 27, 2023.

They were also charged with attempting to steal 19 million dollars, equivalent to Sh2.85 billion on December 27, 2023.

The prosecution told the court the six had pretended they were in a position to sell 500kg of gold to Yaacob, a fact they knew to be false.

Applying for their release on bond, defence lawyer Simon Mburu told the court the offences are bailable and they should granted bond since it is their constitutional and fundamental right.

“I urge this court to release the accused on bond even though the prosecution is opposing,” he pleaded.

Even before the prosecutor could respond to the defence bail plea, the court suo moto (on its own volition) directed the suspects be remanded in prison custody until January 9, 2024, when the accused will appear before the trial magistrate for pre-trial directions and bail determination.

“I will not hear the suspect’s bail application since I am not in a position to decide today,” stated the magistrate.

She directed the accused to be detained in prison custody until January 9, 2024, when the matter will be mentioned. ​

The accused denied the two counts preferred against them.

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