Two men suspected of running a gold swindle syndicate were on Wednesday, March 15 set free by a Nairobi court.
Nicholas Otieno Ndolo and Thomas Otieno Ngoe were accused of the offense of Conspiring to commit a Felony contrary to Section 393 of the Penal Code.
According to court documents, the prosecution wanted the two suspects to be detained for two weeks for investigations into the matter to be completed.
The court was told that the complainant who is a foreigner was introduced to Ndolo as a businessman who deals in gold.
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The complainant was told that he would purchase 300kgs of gold at a price of USD41,000 per kg (Ksh.5 million) which would total to USD123,000,000 (Ksh.15.9 billion).
Ndolo, who is the first accused, is said to have provided a bank account and USD1,000,000 (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.
The prosecution told the court that the complainant waited in vain for an appointment to witness the packaging which prompted him to request documentation regarding the purchase of the said gold.
After reviewing the signed documents, the complainant realized certain key aspects like the customs entry did not end up indicating that the documents were not genuine.
The case was reported at Capitol Hill Police Station on March 11, 2023. After investigation, it was discovered that after receiving the money, the accused transferred it to other accounts.
While conducting investigations, police found one of the accused with a firearm which the law enforcement said was 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.
