Nairobi Court Discharges Accused in Ksh 129M Fake Gold Case to Testify Against Accomplice

The Nairobi court has discharged an accused person charged with obtaining Ksh 129 million by pretending to be in a position  to pay customs duties on gold, which was a false fact.

Appearing before the Milimani Principal Magistrate Rose Ndombi, Thomas Otieno Ngoe was discharged, leaving behind his co-accused Nicholas Otieno Ndolo.

The Magistrate allowed the application by the prosecution seeking the second accused person to be discharged as a state witness,

“The application by the prosecution to discharge the accused person is hereby allowed under Section 87(a) of the Criminal Procedure Code,” the Magistrate ruled.

The prosecution had applied for Ngoe to be released and serve as a state witness in the case where the duo was charged with obtaining Ksh 129,156,000 from a foreigner by pretending that DSI Mining and Minerals Company Limited was in a position to pay customs duties for 3,000 kilograms of gold.

The duo alleged that the said gold was to be shipped from Kenya to Dubai, which was a false fact.

Separately, Ndolo was charged with making a fake Mineral Export Permit reference number EAC/22/92709141705/2022 purporting it to be a genuine  mineral export permit issued by East African Community Customs.

The two were charged in 2023, and the hearing of the case is yet to start.

After discharging the second accused person, the Magistrate scheduled August 3 and 12, 2026, when the case will be heard.