Three individuals accused of orchestrating a multi-million shilling gold fraud scheme were arraigned at the Milimani Law Courts, facing fresh charges in a consolidated charge sheet.
The accused, Frank David Kateti, Alain Mwandia Nvita Lukusa, and Daniel Otieno Ogot, were charged with obtaining over KSh 343 million by falsely pretending they could supply 142 kilograms of pure gold.
The trio appeared before Milimani magistrate Wendy Nyamu, where they pleaded not guilty to all four counts leveled against them. The charges stem from allegations that between February 5, 2024, and June 13, 2024, within Nairobi County, they conspired with others not before the court to defraud Asianic Limited of KSh 341,931,276.107 and an additional KSh 2,018,016.
They allegedly lured the company into the scam by falsely claiming they could deliver 142 kilograms of gold—a promise they knew was false.
Representing the accused, Lawyer Danstan Omari made an application for the release of the passport belonging to the second accused, Alain Mwandia Nvita Lukusa, which had been detained by the police. Omari argued that there was no previous court order mandating the detention of the passport and requested its release to allow Lukusa to travel.
“The passport of the second accused person is in the hands of the police, and there was no order from the previous court to detain the passport. We are therefore asking this honorable court to have the said passport released for the purpose of traveling,” Omari stated.
The state, however, opposed the application, arguing that the passport was being held to ensure the accused’s attendance in court.
The prosecution noted that Lukusa could seek the court’s permission to have his passport released whenever necessary for travel.
As the case progresses, four witnesses have been lined up to testify against the accused. The court scheduled the matter for mention on October 7, 2024.
This case continues to draw significant public interest, given the large sums of money involved and the high-profile nature of the alleged scam.
The court’s decisions in the coming days are expected to be closely watched, particularly concerning the contested passport issue and the evidence to be presented by the prosecution.
