Two Kenyan traders have been charged with defrauding an international businessman Sh133 million in a fake gold deal.
Nicholas Otieno Ndolo and Thomas Otieno Ngoe were arraigned before Milimani senior principal magistrate Zainab Abdula on Tuesday, facing three counts of conspiracy to commit a felony, obtaining money through pretences and forging a mineral export permit.
In the first count, Ndolo and Ngoe were accused of conspiring to defraud an American citizen, Seth Adam Bernistein $1 million (Sh133 million) on diverse dates between February 3 and 11, 2023.
The second charge stated that on February 11, 2023, at Equity Bank Yaya Centre, with intent to defraud obtained from Mr Bernistein $1 million (Sh133 million), which was wired through Equity Bank account No1510278992209 by falsely pretending that DSI Mining and Minerals Company Limited was in a position to pay Customs Duty for 3,000 kilogrammes of gold.
The said gold was to be shipped from Kenya to Dubai, a fact they knew was false.
Ndolo was separately charged with forging a mineral export permit reference number EAC/22/92709141705/2022 dated May 16, 2022, purporting to be a genuine Mineral Export Permit issued by the East African Community Customs.
A defence lawyer Timothy Okello applied for their release on bond saying the two had earlier been produced before a Kibera senior principal magistrate Charles Mwaniki who freed them on a cash bail of Sh500,000 each.
They had been freed on bond while police were concluding investigations.
