The case where two businessmen were charged with obtaining Sh 130,000,000 from an American National has been adjourned following the failure of the complainant to appear in court.
Seth Adam Bernstein the key witness and the complainant in the matter failed to appear in court to testify leading the Milimani senior principal magistrate Rose Ndobi to adjourn the matter.
Bernstein complained to the court last year after losing the said money in a gold fraud business.
Nicholas Otieno Ndolo and Thomas Otieno Ngoe were jointly charged with obtaining money by false pretences contrary to section 313 of the penal code.
They are said to have received Sh 130,000,000 from Bernstein by falsely pretending that the company DSI Mining and Minerals Company Limited was in a position to pay customs duties for 3,000 Kilograms of gold which was to be shipped from Kenya to Dubai which was a false fact.
In the second count, the duo were charged with conspiracy to commit a felony contrary to section 393 of the penal code.
The court heard that on diverse dates between February 3 and 11, 2023 through a bank account held at Equity Bank Yaya Center Branch in Kilimani within Nairobi county jointly with others who did not appear in court conspired to obtain Sh 130,000,000 property of Seth Adam Bernstein.
Separately, Ndolo faced a charge of making a false document which is against the law.
On May 16, 2022, at an unknown place within the Republic of Kenya with intent to defraud, without legal authority or excuse made a Mineral Export Permit reference NO. EAC /22/92709145705/2022 purporting it to be a genuine mineral Exporting Permit issued by East African Community Customs.
They are out on cash bail of Sh 500,000.
The hearing will proceed on September 24, 2024.