DPP to withdraw gold scam case against businessman
The Sh23 million gold scandal case against businessman Jared Otieno and four others took a new turn yesterday when the Director of Public Prosecutions (DPP) moved to terminate it.
When the matter came up for directions before Chief Magistrate Francis Andayi, Haji, through Senior State Prosecutor Angela Fuchaka, informed the court that he intends to withdraw the case because he cannot reach the complainant, Samir Entoro, who flew to Brazil for specialised heart treatment early last year.
“I have instructions from my boss to withdraw this case under section 87(a) of the Criminal Procedural Code, as the communication between the investigating officer, Office of the DPP and the complainant’s lawyer, George Wajakhoya is futile,” said Fuchaka.
Consequently, Andayi ordered Otieno, lawyer Munzala Javier Runili and other suspects; Philip Nashon Aroko, Roy Shirekuli and Shikanda Ismail Abdallah to appear in person today for the court to decide whether to allow the application for withdrawal or not.
Matter has been delayed for the last one year following the indisposition of Entoro after doctors in Brazil advised him not to travel following his heart condition.
Under section 87(a) of the CPC, suspects once released can be rearrested and charged once the complainant turns up.
Businessman Otieno and his co-accused are charged with defrauding Entoro, a Brazilian national $23,200 (Sh23,200,000) in a gold deal.
It is alleged that they obtained the money from Entoro pretending they would ship to him eight kilogrammes of gold from Nairobi to Dubai.
The five are alleged to have committed the offences on diverse dates between May 5 and June 9, 2018 at different places in Nairobi county jointly with others not before court.