A Nairobi court today Monday issued summons for OCS Nairobi area in the criminal case where three businessmen are charged with defrauding an Iranian national of Sh 64 million in a fake gold deal to appear in court on September 28 to explain why he has not returned some of their personal items.
Milimani chief magistrate Susan Shitubi issued the summons to OCS after an investigating officer in the case failed to attend court to explain reasons why he had not complied with the earlier court order.
He was supposed to explain why he has not complied with the earlier court orders requiring him to appear in court and explain why he has failed to return personal items to the three accused persons two Kenyans Partick Ngare Muchina, Kelvin Mwaura Ngotho and Congolese national Muke wa Mansoni Didier.
The court heard that the investigating officer failed to comply with the earlier orders requiring him to return their personal items recovered during their arrest on April 17, 2023.
“Your honor the investigating officer is not cooperating with the defence, whenever we call him, he always says he is in a meeting,” said the defense.
However, the magistrate issued the summons for the OCS and directed the case to be mentioned on September 28, 2023 for him to appear and explain why court orders were not obeyed.
The three have since denied charges of conspiracy to commit a felony and obtaining money by false pretenses from Iranian businessman Sadegh Sadeghain Abolfazi.
According to the prosecution the three accused persons conspired to defraud Abolfazi between April 2021 and April 14, 2023, within the Kilimani area in Nairobi.
The businessman is said to have paid the trio millions of shillings in tranches within Nairobi on a promise that they could supply him with 60 kilograms of gold.
They are each out Sh 3 million bond or cash bail of Sh1 million pending the hearing and determination of the case.
This is the latest such gold scam to happen in a series of cases that have seen unsuspecting businessmen lose millions to scammers.
