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Police ordered to release vehicle in Sh23m gold fraud case

Police have been ordered to release a vehicle to a suspect charged with defrauding a trader Sh23.2 million in a gold deal gone sour.

Mr Philip Nashon Aroko successfully applied to have his motor vehicle returned to him after promising Nairobi chief magistrate Mr Francis Andayi that he will not dispose it off until the case against him and five others is heard and determined.

“Since the accused has undertaken in court that he will not dispose of the vehicle KCJ 076F being detained at the Parklands Police Station as an exhibit in the gold fraud case,” ruled Mr Andayi.

Mr Andayi directed the Investigating officer to release the vehicle to Mr Aroko.

Mr Aroko is charged alongside Roy Shirekuli, Mr Kayombya Gormon alias Timothy Mureithi Munzala Javier Rumili, Sikanda Ismail Abdallah Saleh, Benson Muhanji and Jared Otieno with defrauding a businessman $23,200 (Sh23,200,000) in a gold deal.

8KG OF GOLD

The six have denied obtaining the money from Mr Samir Entoro, a Brazilian national, pretending they would ship to him eight kilogrames of gold from Nairobi to Dubai.

Defence lawyer Mr Stanley Kang’ahi had applied to have the vehicle, which police said was used to transport the gold, be returned to Mr Aroko as “ it was wasting away at the police yard.”

Mr Kang’ahi said the police can take forensic photo’s which would produced as evidence.

State prosecutor Ms Kajuju Kirimi asked the court to order Mr Aroko to produce the vehicle when required since it is an exhibit.

In a sworn affidavit, Mr Aroko said he was arrested along Mombasa Road on June 9, 2018 then taken to Parklands police station where he was released on police bond of Sh50,000.

CONSOLIDATED CHARGES

Separate charges relating to the same gold deal against the all the six suspects have been consolidated.

Mr Andayi fixed the case for September 18 2018 for pre-trial conference.

Mr Andayi was asked to fix the trial of Mr Aroko,Mr Shirekuli, Mr Rumili , Mr Saleh, Kayombya and Mr Otieno in December 4, 2018 to enable the complainant , Mr Entoro to fly to Brazi for specialized treatment.

All the accused are out on bond.