A case in which a Gold dealer has is facing Sh 170 Million fraud charges will continue on July, 18.
When the parties appeared before magistrate Bernard Ochoi of Milimani Law Courts for mention, he set the pre-trial date to be on July 18, 2022
In the case, Elvis Ouma Muga alias Nick and his co-accused Bupe Chipando are accused of conning Danish national Sh170 million by pretending that he was in a position to sell him 500 kilograms of the precious gem.
The two are charged that on diverse dates between September 1, 2020 and January 21, 2021 at unknown place in Nairobi County, jointly with others not before the court, conspired with intent to defraud by pretending that he was carrying out genuine business of selling gold which is 500 kilograms of the precious gem.
The two spend the weekend in police custody after failing to raise a cash bail of Sh5million each.
They are facing a second count of obtaining money by false pretenses against the law.
They are accused of obtaining the said money from Bernhard Ten Brinke.
Through his two companies, Three Gold BV and Bernhard Ten Brinke Holding BV, Brinke was planning to buy gold worth Ksh2.1 billion from the Kenyan company, Global Freight Management Limited.
Global Freight Management Limited is owned by George Fundu.
Brinke’s representatives in Kenya, Frank Wijnen and Ewout Haanstra signed a deal with Global Freight for the supply of 500kgs of gold on December 21, 2020.
The Ksh171.34 million was to be wired to a bank account owned by Ochieng’ Opiyo & Company Advocates, meant to cater for customs payment, storage and other administrative costs.
However, the money was only to be transferred to Mr Fundu after a verbal approval from Mr Brinke to Mr Ochieng’.
The money was wired to Ochieng’ Opiyo & Company Advocates’ account at Sidian Bank on January 11, with a further Ksh2.43 million wired to Smart Ultra, a firm that allegedly stored the gold for Mr Fundu.
Mr Brinke’s representatives used at least Ksh20 million to charter private plane to transport the consignment, but Mr Fundu was not meeting his part of the bargain.
Muga was charged that on diverse dates between September 1 2020 and January 21, 2021, at an unknown place jointly with others not before court conspired to defraud Mr Brinke USD ($) 1,567,120 (KSh170, 816,734) pretending they were in a position to sell to him (Brinke) gold.
When they were charged in the year 202, defence lawyer Stanley Kang’ahi who had applied to have the accused freed on reasonable bail terms urged the magistrate not to be swayed by the amounts in the charge sheet.
Mr Kang’ahi said the accused had been out on a police bond of Sh400, 000.
The money was returned to the accused in court to top so that he could pay the Sh5million cash bail.
But lawyer Isaack Rene for the complainant Mr Brinke urged the magistrate to consider the amounts involved saying it was a colossal sum.
The Pre-trial will continue on July 18, 2022.