Self-styled businessman Joseph Lendrix Waswa will know his fate in the Sh400 million fake gold scam case on September 3, 2025.
The court will deliver a ruling on whether to allow the prosecution to withdraw charges against him after the state reviewed his file.
Prosecution seeks to withdraw charges
When the matter came before Magistrate Geoffrey Onsarigo, the prosecution informed the court that it intends to withdraw the charges against Waswa.
The state told the court that a review of the file showed that the alleged offence was not successful and that the complainant was the state.
The prosecution relied on legal authorities, including provisions under Article 157 of the Constitution, which gives the Office of the Director of Public Prosecutions (ODPP) independence in decision-making.
The defence team also presented authorities supporting their position.
Magistrate Onsarigo asked whether the complainant had received notice of the intended withdrawal before setting September 3 as the date for the ruling.
Waswa linked to fake gold scam case
Waswa, together with Nelson Eru, Roland Johnson, Joseph Gikonyo, Alice Kavata, Ian Wekesa, Duncan Muchai, and police officer Festo Akula Wamwayi, faces charges of conspiracy to defraud Tunisian businessman Bilel Arfaoul of USD400,000.
The prosecution alleges that the accused persons were involved in a fake gold deal in Nairobi in September 2023.
According to the charge sheet, Waswa allegedly possessed 634,178 counterfeit US dollar notes, each valued at USD100.
The prosecution claims the accused knew the notes were fake.
Police recover cash and fake gold materials
Investigating officer Nicholas Njoroge told the court that Waswa contacted Arfaoul and claimed he had a gold consignment worth KSh1 billion for sale.
The complainant travelled from Tunisia to Kenya on September 1, 2023, after being informed that the gold was being held at a warehouse near Jomo Kenyatta International Airport (JKIA).
Police allege that Waswa and his accomplices later took Arfaoul to a house in Garden Estate, Nairobi.
Officers who had been monitoring the suspects arrested them at the property.
During a search, police recovered USD4.68 million stored in metal boxes.
Investigators claimed the boxes contained sand and stones instead of gold.
Police also recovered mobile phones allegedly used in the suspected fraud.
Officer faces firearm charges
Police officer Festo Akula Wamwayi, who was arrested at the scene, faces additional charges.
The prosecution alleges that he possessed a firearm without a valid licence and had 16 rounds of ammunition without authorization.
Investigators claim Akula attempted to assist the suspects during the police operation.
Waswa denies allegations
All the accused persons have denied the charges.
They are currently out on a KSh250,000 cash bail each as they await further directions in the case.
Waswa has previously faced public attention over other criminal allegations, including a 2019 case involving claims of impersonation and an alleged attempt to defraud businessman Naushad Merali.
The court will determine on September 3, 2025, whether the prosecution can withdraw the charges against him.
