Two suspected gold scammers have been charged with defrauding an international businessman Sh133million in a fake gold deal.
Nicholas Otieno Ndolo and Thomas Otieno Ngoe both Kenyan nationals were arraigned before Milimani Senior Principal Magistrate Zainab Abdula and charged with 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 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.
They denied all three counts.
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.
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