City lawyer Thomas Otieno Ngoe and businessman Nicolas Otieno Ndolo are currently being held by the police for for allegedly defrauding an American Sh100M contrary to section 393 of the penal code.
The complainant was introduced to Mr Ndolo as a business man dealing in gold business.
After the ntroductions, they agreed that the complainant would purchase 3000kg of gold at USD 41,000 Per kg totaling to USD 123,000,000.
According to court documents seen by Kenya Insights, Mr Ndolo provided Equity Bank Account NO.1510278992209 to the complaint account name Africorp Consultants Limited as the transaction account for the business.
The complainant was then later instructed his bank in U.S.A. to wire the sum Of USD 1.000.000 on 10th February 2023 by way of a swift bank transfer into the account.
According to the ODPP, Mr. Ndolo confirmed to have received the money and would then contact the complainant to witness the packaging of the gold in readiness for shipment to Dubai.
The complainant waited in vain for an appointment to witness the packaging which then prompted him to request for documentations in regard to the purchase of the said gold.
The complainant later realised that some of the documents such as the customs entry indicated on the declaration form dated 8th March 2023 was not genuine.
On sensing that the victim was aware of the scam, Ndolo started to avoid meeting the complainant and later started threatening him with deportation from Kenya.
This prompted the complainant to make a report at DCI Operations Support Unit which report was then booked at Capitol Hill Police Station vide O.B. NO.29/11/03/2023.
Upon investigations at Equity Bank where the money was wired, it was discovered that it is operated by Tom Ongoe the 2nd respondent herein and that the whole amount has been transferred to other accounts.
Tom Okundi.
He was swiftly trailed and arrested where firearm was recovered from the vehicle they were driving.
the 1st respondent herein on learning that he was being sought, surrendered himself at DCI Headquarters where he was subsequently arrested for interrogation to establish his involvement in supposedly gold business that there never was.
The prosecution urged the court to detain them for five days for them to complete their investigations to determine whether the firearm was licensed.
Their lawyers have jointly objected the prosecution’s request to detain them saying that the evidence is not sufficient.
DCI has stated that investigations into the matter are still ongoing, and they aim to recover the defrauded money.
The suspects are currently in custody as the probe continues.
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