Two Charged in Nairobi Court for Ksh 7 Million Fake Gold Scam
The prosecutor urged the court to admit them on similar terms to other accused persons who were earlier charged with the same offence in a different court.
Two gold fraudsters have been charged at a Nairobi court with conspiracy to defraud two businessmen of Ksh 7 million in a fake gold business.
Benson Odero Gembe and Emmaculate Adhiambo Odhuno appeared before Milimani senior principal magistrate Dolphina Alego, facing two counts of conspiracy to defraud and obtaining money by false pretences.
The prosecution told the court that the duo, and others who are already in court, conspired to defraud Sonali Purbia Malviya and Mohamed Adel of USD 54,300 (equivalent to Ksh 7,016,592 by falsely pretending that they were in a position to sell to them 35 Kg of gold bars, which was a false fact.
The offence occurred on diverse dates between August 24 and October 19, 2024, in Nairobi City County within the Republic of Kenya.
In the second count, they faced a charge of obtaining the said money by pretence in the same period.
They denied the charges leveled against them by the prosecution and requested the court to set them free with lenient bond terms.
State prosecutor Hilary Isiakho did not oppose the release of the accused on bond but requested the court to put stringent terms commensurate with the offence.
“Your honor we do not oppose the accused persons to be released on bond but we request this court to put stringent terms considering the nature of the offence and the money lost,” Isiakho told the magistrate.
The prosecutor urged the court to admit them on similar terms to other accused persons who were earlier charged with the same offence in a different court.
The defence lawyer opposed the prosecution’s application, citing that their clients still hold the presumption of innocence until proven otherwise,
“Your honor, we appreciate that the prosecution do not oppose our clients being granted bail terms but we oppose terms proportionate to the figures indicated on the charge sheet. We want to remind the court that our clients still hold the presumption of innocence and they are not supposed to be treated as convicts,” the lawyer submitted.
The defence further informed the court that the accused’s place of abode is known, hence not a flight risk, and they are willing to comply with orders set by the court.
In her ruling, the magistrate considered the application by the prosecution and the defence, noting that bail is a constitutional right bestowed by the constitution, and the same was not opposed.
“Bail is a constitutional right to the accused under Article 49 of the constitution and the same was not opposed. I also consider the submission by the defence to release them on lenient bond terms,” the magistrate stated.
In determination, she directed the officer investigating the matter to obtain a pre-bail report on August 19, 2025, before granting bail to the duo. She ordered them to be detained in custody.
