Trial in Sh77.7million gold fraud case adjourned again after prosecution seeks more time
This marks the second postponement in the case. Last week, the prosecution also sought an adjournment, informing the court that one of its witnesses was in Dubai and that it was unclear whether he would be available to testify.
The trial of a man accused of defrauding an Australian national of Sh77.7 million in a purported gold deal has been adjourned for the second time after the prosecution sought more time to present its witnesses.
Duncan Okonji Okaka, who is facing charges of conspiracy to defraud, appeared before the court where the prosecution applied for an adjournment, prompting opposition from the defence. Despite Okaka’s objections, the court reluctantly allowed the application.
This marks the second postponement in the case.
Last week, the prosecution also sought an adjournment, informing the court that one of its witnesses was in Dubai and that it was unclear whether he would be available to testify.
Okaka was arrested on March 24, 2026, and arraigned at the Milimani Law Courts on March 25, 2026, where he was charged with conspiracy to defraud contrary to Section 317 of the Penal Code.
He denied the charge and was released on a bond of Sh5 million or an alternative cash bail of Sh1 million, with two contact persons. He opted for the cash bail and remains out of custody pending trial.
The matter was first mentioned on April 7, 2026, and has since experienced delays occasioned by the prosecution’s requests for adjournments.
According to investigators, the complaint stems from events that began in October 2025 when the complainant, Australian national Andrew Gaballa, was in Dubai and was introduced to a man identified as Marshall Morrison, who allegedly presented himself as an American investor.
Investigators say Morrison connected Gaballa to Okaka, who allegedly claimed he could facilitate the sale of a 590-kilogram consignment of gold.
As part of the purported transaction, Gaballa was reportedly taken to Tanzania, where he was shown alleged mining sites before travelling to Kenya.
Investigators claim the suspects organised a series of meetings and produced documents intended to convince the complainant that arrangements had been made to export the gold to Dubai.
Believing the deal to be genuine, Gaballa is said to have transferred USD 600,000 through Conrad Law Advocates LLC, a law firm owned by advocate Conrad Maloba.
He later became suspicious that he had been defrauded and reported the matter to the Directorate of Criminal Investigations (DCI).
The prosecution alleges that Okaka, jointly with others not before the court, conspired to defraud Gaballa of USD 600,000, equivalent to approximately Sh77.7 million, between January 19, 2025, and February 12, 2026, within Nairobi County.
Okaka is further accused of falsely representing that he was in a position to sell and deliver 590 kilograms of gold to the complainant, knowing the representation to be false.
Okaka is currently out on a cash bail of Sh1 million.
