Flamboyant Businessman Jared Otieno who has been implicated in fake Gold Scam will spent the weekend in police custody.
Police have obtained orders to detain Otieno at Kileleshwa police station for 7 days pending investigations.
The man was arrested on Thursday.
He told the court that he is not part of the 15 suspects who have been detained in connection to sh 400 million gold scam from Royal family in Dubai.
Appearing before Milimani Law Courts Magistrate Paul Mayovo, Otieno through lawyers John Ayuo and Stanly Kangai objected to an application by the prosecution to detain him for 14 days saying that the alleged obtaining claims emanates from a loan transaction.
Otieno said that the application by the investigators is unconstitutional since there are no holding charges that have been placed against him.
Ayuo told the court that there are no links between Jared and 15 suspects who have been detained over Sh 400 million gold scam.
“We urge the court to admit the suspect on bail because he is ready to abide by all conditions that will be set by the court and co-operate with investigators,” said lawyer Kangai
Jared said his residence is known to the officers and that he is not a flight risk and is willing to shed light on the subject and help with the ongoing investigations.
The businessman said he was never arrested and that he presented himself to DCI headquarters at 5.30 am after receiving rumors that he is being sought by police.
“I will not interfere with investigations led by DCI boss George Kinoti as I am an ordinary citizen and I have no state machinery to interfere with such kind of probe,” Otieno said.
Lawyer Ayuo told the court that there is no link between the 15 suspects who have been detained in connection with Sh 400million gold scam from royal family in Dubai.
“For the police to seek detention of 14 days is pure malice and the application to detain Jared is a limitation to the fundamental rights to the suspect,” said Ayuo.
The Prosecution said that the holding charges cannot be brought if the investigating officer and prosecution are not clear on the charge to frame against the suspect.
They said they need to be clear on what charges to charge the suspect before charges are preferred.
In an affidavit to detain Jared, the investigating officers wanted 21 days saying that he is a person of interest into a case of obtaining money by false pretenses contrary to section 315 of the penal code.
Investigating Officer, Felix Karisa said that on May 8, 2019 and February 25, 2019 a foreigner by the name Southern Chanthavong from Lao who deals in buying and selling of gold is alleged to have been lured to a house situated along Kaptei road, Kaptei Gardens House number 12.
“During the transaction, the said complainant lost USD 3,000,000 equivalent to Sh 300m after he was duped that the items he bought were genuine Gold,” said Karisa.
The court heard that Jared is linked to many more fraudulent activities relating to fake GOLD and that there are many more complainants from foreign countries that have come up with several allegations claiming he conned them.
He added that since Jared could not be charged immediately as investigations are ongoing, the continued stay in police cells without an order of the court will contravene his constitutional rights and releasing him will jeopardize investigation owing to the seriousness of the case.
The Investigating officer said that the investigations are complex, diverse and they are looking at Transnational Organized crime where some of his accomplices could be in the neighboring countries and the offences committed cuts across International Borders.
The officers therefore requested for 14 days to detain Jared.
However, the magistrate gave them 7 days.