A lawyer expected to testify in a case where a businessman is charged with obtaining over Sh 27 million for fake Gold from a German failed to appear in court yesterday.
The prosecution told magistrate Kenneth Cheruiyot that Lawyer Thomas Otieno he had traveled to Kisumu and he could not make it to court.
They sought the matter to be adjourned until the witness avails himself in court during the next hearing.
Samir Munyinyi is charged with obtaining money by false pretense contrary to section 313 of the penal code.
Munyinyi is accused that on diverse dated between March 28, 2018 and April 12,2018 at Wu yi plaza along Galana road in kilimani within Nairobi County, jointly with others not before the court, with intent to defraud obtained 257,000 USD from Mertroglu Muhammet by pretending to be able to sell him 360 kilograms of gold.
He is also facing another charge jointly with Congolese businessman Eric Amisi Bin Ramazani where they have been accused of obtaining from Vladimir Borisenko US Dollars 202,404 (21,788,360 million) by pretending that they were in position to supply him with 100 kilograms of gold.
It is said that lawyer Otieno is at the center of the matter because he has been mentioned by the witnesses who have already testified in the case.
The witnesses told the court that the lawyer is the one who received the money on behalf of the accused.
Otieno is also said to be running an unregistered law firm thus the authenticity of his law firm is questionable.
The prosecution has not opposed bond against Munyinyi and has equally been directed to make available all documents it will rely on during the hearing.
A magistrate has released the suspect on a bond of Sh 2 million or a cash bail of Sh 500,000 after he denied the charge.
Listed among the witnesses is lawyer Otieno, who held the transaction cash in dollars in an escrow account before releasing it to Munyinyi
Munyinyi was arrested for introducing himself to the foreigner as a shipper who owns a company called Sarume(K) Ltd.
He alleged that he could supply 360 Kgs of gold and deliver it to Istanbul, Turkey.
The complainant realized he had been conned after releasing the money for processing of the consignment-court documents state.
Cheruiyot adjourned the hearing of the case until August 21,2019.