An application by ODM politician Seth Steve Okute and controversial businessman Bruno Otieno Orienda to be acquitted in the Sh 12.7 million gold scam case has been dismissed.
Chief Magistrate Susan Shitubi ruled that the complainant in the matter must first testify before the other witnesses take the stand.
The accused persons wanted the charges against them quashed on grounds that the complainant had failed to appear in court to testify.
However, the magistrate gave the prosecution more time to bond the complainant who is an American.
According to the prosecution, two other witnesses are ready to testify but the magistrate insisted the complainant should be the first one to take the stand.
Okute had contested for the Karachuonyo Member of Parliament seat in the last General Elections on an orange Democratic Movement ticket.
The duo is accused of obtaining USD 100,000, (approx Sh12.7 million) from Marjorie R Grant on 9th November 2022 at I&M Bank Nairobi.
As indicated in the charge sheet, the accused persons obtained the money by falsely pretending that Newsky’s Global Cargo Movers International Limited were in a position to pay custom duty for 33 kilograms of gold shipped from Burkina Faso to Zurich, a fact they knew to be false.
They are further charged with conspiring to obtain the said money by false pretences.
The two are currently out on a Sh 600,000 cash bail each.