Alleged serial fraudster Brian Reeves Obare is facing serious charges at the Milimani Magistrates Court over a Ksh51 million visa fraud case, as fresh testimony continues to shed light on how the alleged scheme was carried out.
The case, which has drawn scrutiny over its handling and the frustrations faced by victims, took a new turn following detailed testimony by Bonventure Aradi, a director at Golden Key Travel Consultants Limited and one of the alleged victims of the fraud.
Appearing before Magistrate P. Mutai, Aradi narrated how he and his company were allegedly misled by Obare into believing he had the capacity to facilitate Canadian visas.
Aradi told the court that Golden Key engaged the accused in good faith and proceeded to forward funds collected from clients for visa processing.
“Employees of Golden Key were sending money to Brian… on behalf of the company,” he testified, maintaining that all transactions were conducted through official company channels.
He explained that the payments, amounting to over Ksh51 million, were made under the belief that the accused was legitimately connected to the Canadian Embassy and capable of delivering the promised services.
According to his testimony, the company collected passports and supporting documents from clients and handed them over to the accused alongside the payments.
Aradi emphasized that the firm operated transparently, with multiple employees involved in handling transactions and documentation.
“Golden Key has employees… and those employees send money to Brian,” he told the court, underscoring that the accused was the primary recipient of the funds.
He further stated that the company relied entirely on the representations made by Obare, only to later discover that none of the visa applications were successful.
The court heard that despite the significant payments made, clients were unable to travel, with some reportedly denied boarding, arrested, or turned back during transit after their documents were found to be invalid.
Aradi’s testimony also revealed the financial burden that fell on the company, stating that Golden Key has since been forced to refund over Ksh34 million to affected clients, while some others opted to be facilitated to alternative destinations in Europe.
Further details presented in court indicate that Obare allegedly represented himself as a Canadian consulate official during his dealings with the company. Upon his arrest, officers reportedly recovered additional identification documents, including a fake Seychelles ID and an expatriate employee card also from Seychelles, listing him as a demarcation officer under the Ministry of Lands and Housing. Both documents bore his full name and notably, were said to have expired on the same date, October 30, 2024.
In parallel proceedings before the High Court, further insight into the case emerged through a revision application challenging the release of items seized during Obare’s arrest. The court found that the lower court had erred in releasing the exhibits at a pre-trial stage.
“I find that it is/was premature to release the items at the Pre-Trial stage,” the court ruled, adding that, “the orders were in breach of procedure and were tainted by illegality warranting intervention by this court.”
The High Court directed that key items, including mobile phones, laptops and a motor vehicle suspected to be linked to proceeds of the alleged fraud, remain in custody pending the conclusion of investigations and trial.
The court further held that the trial court lacked the authority to release exhibits before they are formally produced in evidence.
“I find that the court erroneously found that the listed items were not exhibits,” the judge stated, emphasizing that such items must remain under the custody of investigating officers until the case is fully heard.
Among the items retained are several digital devices, including high-end mobile phones and laptops, which are undergoing forensic examination and are expected to form part of the prosecution’s evidence.
The court also declined to release a Land Rover Discovery motor vehicle (Reg. KDM 279R), noting that its ownership and potential link to the alleged offence must first be established during trial proceedings.
Obare is charged with obtaining Ksh51,244,650 by false pretences, contrary to Section 313 of the Penal Code. The prosecution alleges that he deliberately misrepresented his ability to process visas, leading to substantial financial losses for both the company and individual clients.
The matter was initially before magistrate Lucas Onyina but he recused himself saying that defense approached him trying to compromise this case.
It is ongoing, with the prosecution seeking to demonstrate that the accused orchestrated a well coordinated and deliberate scheme to defraud unsuspecting victims.
