A complainant testifying virtually from Italy on Thursday September 4, 2025, told a Nairobi court how he was duped into a fraudulent gold deal involving a purported 150-kilogram gold consignment.
He said the suspects showed him certificates of ownership dated April 9, 2024, and a mineral export permit allegedly issued by the Mining Department on February 9, bearing his name and passport number.
Although the men declined to hand him the documents, he managed to take photographs of them.
At Jomo Kenyatta International Airport (JKIA), the complainant recounted, he was instructed to check in, proceed to the lounge, and wait for the supposed exporters.
“We waited, but as departure time neared, they told us they were trying to sort out some issue,” he testified.
According to him, the men later claimed the Kenya Revenue Authority (KRA) had imposed a penalty of USD 1.62 million—about 20 percent of the consignment’s value—and warned that unless it was paid within seven days, the gold would be confiscated.
He was told that once payment was made, the consignment would be cleared and exported within three days.
Despite expressing doubts, he 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 later produced and sent to a lawyer named Mosota Associates and advocate for finalization.
The complainant testified that he insisted on seeing the original customs documents and direct communication from KRA regarding the alleged penalty. He was later taken to Forodha House, where he was introduced to a woman identified as Susan Oketch, allegedly a senior customs officer.
“She had my file. Both Ogot and Kateti were there. The office was on the ground floor, and this Susan Oketch verified everything the gentlemen had told me, including the purported original documents,” he said.
He later discovered that the woman was not, in fact, Oketch as she had identified herself.
On March 8, he wired over €256,000 and presented proof of payment at Mosota Associates Advocates. He testified that additional transfers were made—including €13,000 and others amounting to more than €1 million in total.
The court heard that despite the payments, the documents provided by the accused were not genuine and that the gold was never delivered.
Prosecutors allege that the three accused—Frank David Kateti, Alain Mwadia Nvita Lukusa, and Daniel Oteno Ogot conspired with others not before the court to steal €2,168,238.91 (about KSh341.9 million) and USD 14,112 (about KSh2 million) from Asianic Ltd.
The accused are charged with conspiracy to commit a felony contrary to Section 393 of the Penal Code by falsely pretending they were in a position to sell 142 kilograms of gold.
Written by Sheila Mutua, TV47 Correspondent
