The Director of Public Prosecution now wants to withdraw the Sh 23 million gold fraud case against controversial businessman Jared Otieno and four others.
This is after the prosecution informed trial magistrate Francis Andayi that DPP Noordin Haji intends to withdraw the fraud case because he can not reach the complainant Samir Entoro who flew to Brazil for specialized heart treatment early last year.
“I have instructions from my boss to withdraw this case under section 87(a) of the Criminal Procedural Code as the communication between the investigating officer, the office of the DPP and the complainant’s lawyer George Wajakhoya is futile,” said the prosecution.
When a case is withdrawn under the above section, it means that the suspect can be rearrested and charged again after being released if the complainant was to show up.
The magistrate ordered Otieno and his co-accused lawyer Munzala Javier Rumili, Philip Nashon Aroko, Roy Shirekuli and Ismail Shikanda Abdallah to appear in person on 26th April for the court to decide whether to allow the application for withdrawal or not.
The matter has been delayed for the last one year following the indisposition of Entoro after the doctors in brazil advised him not to travel following his heart condition.
Otieno and his co-accused are charged with defrauding Entoro who is a Brazilian national USD 23,200 ( Approximately Sh 23,200,000) by falsely pretending that they would ship to him eight kilograms of gold from Nairobi to Dubai.
The accused persons are alleged to have committed the offence on diverse dates between 5th May and 9th June 2018 at different places in Nairobi county, jointly with others not before court.