Lawyer Tom Ngoe, Businessman Charged With Sh132M Gold Scam

An advocate of the High Court and a gold dealer were yesterday charged in a Nairobi court with defrauding an American businessman of Sh132 million in a fake gold deal.

Lawyer Thomas Otieno Ngoe and businessman Nicholas Otieno Ndolo appeared before Milimani Senior

Principal Magistrate Zainab Abdul and denied three charges of conspiracy to commit a felony, conspiracy to defraud

USD 1 million equivalent to Sh132,540,000 from American businessman Seth Adams Bernstein and forging of a East Africa Mineral Export permit.

Advocate Ngoe and businessman Ndolo were to sell gold valued at Sh16 billion to the American businessman. It is said that the complainant had paid Sh132 million as customs fees for 3,000 kilograms of gold to be shipped from the country to Dubai.

In the first court, Ngoe and Ndolo denied that on diverse dates between February 3 and 11, 2023, through Equity Bank Yaya Center Branch in Kilimani, Nairobi County jointly with others not before court, conspired to commit an felony namely obtaining money by false pretenses to wit USD 1 million the property of Bernstein.

In the second count, the duo was charged that on February 11 at the same bank with intent to defraud, obtained from Bernstein USD 1 million which was wired to Ndolo’s Equity Bank account by falsely pretending that a firm known as DSI Mining and Minerals company limited was in a position to custom duties for 3,000 kilogrammes of gold to be shipped from Kenya to Dubai, a fact they knew to be false.

Genuine permit

Ndolo was alone charged that on May 16, 2022 at unknown place within the

Republic of Kenya with intent to defraud, without lawful authority or excuse made a certain document namely Mineral Export Permit Number

EAC/22/92709141705/2022 purporting it to be a genuine permit issued by East African Community Customs.

Nicholas Otieno Ndolo and Thomas Otieno Ngoe appear before a Nairobi court on April 4, 2023.

According to investigations conducted by the DCI detectives, the duo conspired to defraud an American citizen USD 1 million as down payment of part of the Shi6 billion deal. “That after formal introductions, they agreed that the complainant would buy 3,000kg of gold at USD 41,000 per kg totaling USD 123,000,000,” the investigating officer in the case told the court.

After denying the charges, the two accused persons through their lawyers urged the court to grant them reasonable bail terms claiming they have been out on a cash bail of Sh500,000 before Kibera law courts where they had been arraigned last month pending investigations by the police.

They asked the court to maintain the same bond terms since they are not at flight risk.

The magistrate however ordered each of the accused persons to be released on a bond of Shi million or a cash bail of Sh500,000.