An Italian complainant testifying virtually before a Nairobi court on Thursday narrated how he was swindled out of more than €1 million (about KSh140 million) in a fraudulent gold deal.
The witness said he was enticed into a transaction for a purported 150-kilogram consignment of gold, complete with ownership certificates dated April 9, 2024, and a mineral export permit allegedly issued by the Mining Department in February. Though the suspects refused to hand over the documents, he managed to secretly take photographs of them.
At Jomo Kenyatta International Airport (JKIA), he was instructed to check in and wait for the supposed exporters at the lounge. “As departure time neared, they told us they were sorting out an issue,” he testified. Shortly afterwards, he was informed that the Kenya Revenue Authority (KRA) had imposed a USD 1.62 million penalty 20 percent of the consignment’s value which had to be paid within seven days to avoid confiscation of the gold.
Despite initial doubts, the complainant said he was persuaded by one of the accused, identified as Frank, who assured him he would “take responsibility.” A contract dated April 20 was drawn and forwarded to a law firm, Mosota Associates Advocates, for finalization.
He recounted being taken to Forodha House, where he was introduced to a woman presented as Susan Oketch, allegedly a senior KRA customs officer. “She had my file and verified everything the gentlemen told me, including the documents,” he told the court. He later discovered that the woman was not the officer she claimed to be.
On March 8, the complainant wired €256,000 and presented proof of payment at the law firm. He testified that further transfers followed including €13,000 eventually totaling more than €1 million. Despite the payments, the gold was never delivered, and the documents turned out to be fake.
Prosecutors allege that the accused Frank David Kateti, Alain Mwadia Nvita Lukusa, and Daniel Oteno Ogot conspired with others not before the court to defraud Asianic Ltd of €2,168,238.91 (about KSh341.9 million) and USD 14,112 (about KSh2 million). They face charges of conspiracy to commit a felony under Section 393 of the Penal Code by falsely pretending to sell 142 kilograms of gold.
