The hearing of a high-profile case involving Sh134 million gold fraud has been postponed until September.
Principal Magistrate Rose Ndombi has set the date for the hearing on the 24th of September, 2024, marking the next chapter in a legal battle that has captured significant attention due to the involvement of an advocate and the substantial amount of money involved.
The case revolves around two accused individuals: Nicholas Otieno Ndolo, a businessman, and Thomas Otieno Ngoe, an advocate. The duo is accused of defrauding a foreigner, Seth Adam Bernstein, of USD 1 million, which is approximately Sh134 million.
The transaction, according to the charge sheet, was allegedly conducted under the pretense of facilitating the shipment of gold from Kenya to Dubai.
The allegations against Ndolo and Ngoe stem from an incident that took place on the 11th of February, 2024, in Nairobi.
The charge sheet details that the two men obtained the money from Bernstein under the guise that their company, DSI Mining and Minerals Company Limited, was capable of paying customs duties for 3,000 kilograms of gold that was to be exported from Kenya to Dubai. However, the prosecution argues that this was merely a ruse to defraud the unsuspecting foreigner of his money.
Adding to the complexity of the case, Ndolo faces an additional charge of forging a mineral export permit. The permit, bearing Reference No.EAC/22/92709141708/2022 and dated 16th May 2022, was allegedly fabricated with the intent to deceive and further facilitate the fraudulent scheme.
The prosecution claims that this fake document was part of the elaborate scam that convinced Bernstein to part with such a substantial amount of money.
Both Ndolo and Ngoe have strongly denied the charges brought against them. During a previous court appearance, they pleaded not guilty to all counts and were subsequently released on a cash bail of Sh1 million each.
Their release on bail has been met with mixed reactions, with some questioning the adequacy of the bail amount given the gravity of the charges.
The case has garnered significant public interest, not only due to the large sum of money involved but also because of the involvement of a legal professional.
Cases of gold fraud are not new in Kenya, but this particular case stands out due to the high-profile nature of the individuals involved and the international element, with a foreigner being the alleged victim.
The postponement of the hearing to September gives the defense and prosecution more time to prepare their cases. For the prosecution, the challenge lies in proving beyond a reasonable doubt that the accused were indeed involved in a scheme to defraud Bernstein.
This will likely involve presenting evidence related to the alleged forged documents, bank transactions, and possibly testimony from the victim and other witnesses.
On the other hand, the defense will be tasked with countering the allegations and demonstrating that their clients were not involved in any fraudulent activity.
The defense may argue that the transaction was legitimate and that any issues arising were due to unforeseen circumstances rather than a deliberate attempt to defraud.
As the hearing date approaches, the legal community and the public will be watching closely to see how the case unfolds. The outcome could have significant implications, particularly in how cases involving legal professionals are handled in the future.
If found guilty, the penalties for Ndolo and Ngoe could be severe, potentially including hefty fines and imprisonment, as well as possible disbarment for Ngoe, the advocate involved.
This case serves as a stark reminder of the risks associated with high-value transactions, particularly in industries such as gold trading, where fraud has been a recurring issue.
It also underscores the importance of due diligence, both for foreign investors and for those involved in the legal processes surrounding such transactions.
As September 24th approaches, all eyes will be on the Nairobi courtroom where the fate of Ndolo and Ngoe will be decided. Whether justice will be served, and how it will impact the broader fight against fraud in Kenya, remains to be seen.
For now, the case continues to be a significant point of interest in the legal and business communities, both locally and internationally.