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Gold dealer charged with conning Danish national Sh170 million

A gold dealer charged with defrauding a Danish national $ 1,567,120 (about Sh 170,816,734 while pretending he was in a position to sell him 500 kilogrammes of the precious gem will spend the weekend in prison custody after failing to raise a cash bail of Sh5million.

Elvis Ouma Muga alias Nick was charged before Milimani Law Courts senior principal magistrate David Ndungi and denied two counts of obtaining money through pretences and conspiracy to defraud Mr Bernhard Ten Brinke.

Mr Ndungi allowed Muga’s plea to be freed on a reasonable bond.

Defence lawyer Stanley Kang’ahi who 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 top to pay the Sh5million 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.

However, Mr Ndungi, while deciding on the bail plea said, “ bail is a Constitutional right to every suspect but courts are guided by the bail bond rules.”

He said the Court is required to consider “the amounts alleged to have been lost in the transactions.”
Mr Ndungi said the bail /bond must not be punitive as it would amount to denying accused persons their constitutional rights.

The magistrate said the prosecution led by Abel Omariba did not oppose the accused being admitted to bond.

The magistrate also argued the Sh400,000 police bond was too little for the court to free the suspect considering the large sum of money involved.

However, Mr Omariba had asked the Court to consider the amount that was allegedly obtained by the accused of the undelivered gold to Mr Brinke.

Mr Ndungi ordered the accused to deposit a bond of Sh10million with one surety of same amount.

He also granted the accused an alternative cash bail of Sh5million with two conduct persons.

“This case will be mentioned for directions on pre-trial dates on July 22,2021,” Mr Ndungi directed.

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.