Two charged over Sh 132 million gold fraud

Nicholas Otieno Ndolo and Thomas Otieno Ngoe at Milimani Law Courts were they denied obtaining Sh 132 million to ship gold from Kenya to Dubai. PHOTO/Sam Alfan

Two men accused of defrauding a foreigner over Sh 130 million in a gold shipping deal have been charged in Nairobi.

Nicholas Otieno Ndolo and Thomas Otieno Ngoe are accused of obtaining from Seth Adam Bernstein USD 1 million (apprx. Sh 132 million) which was wired through an Equity Bank account by falsely pretending that DSI Mining and Minerals Limited was in a position to pay custom duty for 300 kilograms of gold to be shipped from Kenya to Dubai, a fact they knew to be false.

The duo is accused of committing the offence on 11th February 2023 at Equity Bank, Yaya Center branch in Kilimani, Nairobi, with intent to defraud.


Ndolo and Ngoe are further charged with conspiracy to obtain the said money from Bernstein between 3rd and 11th February 2023.

Ndolo also faces a charge of making a document without lawful authority or excuse. The court heard that he made a Mineral Export Permit dated 16th May 2022 purporting it to be a genuine permit issued by East African Community CustomsĀ 

The two denied the charges before Principal Magistrate Zainab Abdul. They were released on a cash bail of Sh 500,000.