Why Nairobi court declined to try Liberian in Sh54 million fake gold suit
A Nairobi court has declined to try a Liberian national in a suspected Sh54 million fake gold scandal.
In what is a blow to the Director of Public Prosecutions (DPP) Noordin Haji, Milimani law courts chief magistrate Lucas Onyina ruled the court could not try Joseph Bedell as the offence was not committed in Kenya.
Onyina upheld the objection by defence lawyers Victor Mosota and Ishmael Nyaribo that the ‘Kenyan court lacked jurisdiction to try the foreigner for offences committed overseas’.
“Jurisdiction is everything. If a court lacks jurisdiction it must down its tools. Therefore this court declines to try Joseph Bedell for the offence of co-conspiracy to steal USD408,229 (KSh54m) from a Korean national Shanmugam Sundar Darmaraju,” ruled Onyina.
Bedell had alleged he was in a position to ship to Seoul, Korea some 6.483 kilograms of gold from Liberia via Kenya to the far east country.
In his ruling Onyina said some facts in the charge sheet were inserted by the prosecution by handwriting but the place of commission of the offence is indicated as an unknown place overseas between March 30 and April 4, 2023.
However, Bedell is not yet off the hook as the magistrate retained a charge in which the foreigner is charged with stealing 6.483 kilograms of gold worth USD 408,229 (KSh54m) the property of Darmaraju.
After striking out the first limb of the charge Mosota urged the magistrate to order he be taken to hospital since he is unwell.
Onyina declined to free him on bond saying he is likely to abscond due to the severity of the penalty attracted by the offence.
The case will be mentioned on April 25, 2023, when it will be consolidated with another against another Liberian national Carace Ownze Toomey.
Toomey has been detained in custody for a pre-bail report to be availed before a decision for his bail is determined.
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