A case in which a Gold dealer is facing Sh 170 Million fraud charges will continue on July 18.
When the parties appeared before magistrate Bernard Ochoi of Milimani Law for the mention of that case, he set the pre-trial date as 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 will spend the weekend in prison custody after failing to raise a cash bail of Sh5 Million.
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 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 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 a 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, within at an unknown place jointly with others not before court conspired to defraud Mr Brinke USD ($) 1,567,120 (KSh170, 816,734) pretending you were in a position to sell to him (Brinke) gold.
When they were charged in the year 2021 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 pay the Sh5 Million 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.