A foreign investor has told court how he was conned hundreds of millions in a while trying to purchase gold in Nairobi.
Dr. Satninder Singh who was testifying virtually from Italy told the court that the deal involved a 150 kilograms of gold.
The complainant told Senior Principal Magistrate Robinson Ondieki that the accused persons, Frank David Kateti, Alain Mwadia Nvita Lukusa and Daniel Otieno Ogot committed the offenses between February and june 2024.
It was his testimony that he paid millions of shillings for the consignment and the suspects showed him certificates of ownership dated April 9, 2024, and a mineral export permit allegedly issued by the Mining Department on February 9, bearing his name and passport number.
With hopes of investing in the gold business, Singh was sure the deal would push through, until departure day came.
The accused persons told him to wait for the “exporters” at the Jomo Kenyatta International Airport (JKIA).
“We were instructed to check in at Jomo Kenyatta International Airport, proceed to the lounge and wait for the exporters,” he said.
As departure time approached, the alleged consignment had not yet been cleared and upon questioning, he was informed that Kenya Revenue Authority (KRA) had imposed a penalty of USD 1.62 million on the consignment.
The purported penalty, he was informed, was to be paid within seven days, failure to which the consignment would be confiscated.
“I was told that once payment was made, the consignment would be cleared within three days,” the complainant said.
Though hesitant, the complainant was convinced by one, Frank, to pay the said money.
Later, the complainant allegedly insisted on seeing the original customs documents and direct communication from KRA regarding the alleged penalty.
The businessman was later taken to Forodha House, where he was introduced to a woman named Susan Oketch who was said to be a senior customs officer.
The court heard that he was shown his file by the said Oketch who also verified the information the accused persons had told him.
After this, he wired over €256,000 and presented proof of payment at Mosota Associates Advocates. He then made additional payments amounting to over a million Euros.
Singh told the court that after making the payments, the gold was never delivered. Instead the accused persons made excuses and demanded more money from him.
He was even informed that there was a Congolese court order demanding USD 4.5 million, money which preventing the release of the consignment.
The matter was reported the police leading to the arrest of the three suspects.
The three are charged with obtaining € 2,018,016 (Apprx. Sh 341,931,276.107) and USD 14,112 by falsely pretending he was in a position to sell 142 KGs of gold to Asianic Limited, a fact they knew to be false.
In addition, the trio faces charges of forgery and conspiracy to commit an offense of stealing.
The hearing will proceed on 27th October when them suspects’ lawyer Danstan Omari will cross-examine the witness.
