
Congolese trader Scalla Nzanzi Junior in court in
Eldoret /MATHEWS NDANYI
A Congolese trader has been charged with stealing heavy
machinery worth Sh21 million belonging to a local company.
Scalla Nzanzi Junior denied the charges before Principal
Magistrate Carolne Wattima in Eldoret.
He is accused of theft of an excavator Registration Number
KHMA 223K Hyundai, the property of Chicarlt Company Limited.
Junior, who deals in the gold mining business in the Democratic
Republic of Congo, committed the offence on April 2, 2024, at Kapsoya area on
the outskirts of Eldoret, Uasin Gishu county.
He was arrested in Malaba town along the Kenya/Uganda border
by DCI officers last week while allegedly trying to flee to his home country.
Junior’s prayer to be freed on reasonable bail or bond was
turned down by the magistrate.
“I direct that he
remains in custody pending a decision on the bail application,” the magistrate said.
The trader through his lawyer Erick Munene, had told the
court that he is a father of four children who live in Nairobi and that there
was no way he could abscond from court attendance when required.
Junior pleaded with the court to release him on cash bail
so that he could travel to his home country and bring back the heavy machinery
that he took there for mining activities in the Goma region.
“My client is willing to bring back the machine, which is
stuck in the Goma area that has been at the centre of war in Congo,” Munene said.
The lawyer informed the court that all mining activities had
been halted in the Goma region due to the raging war perpetrated by the M23 group and
noted that it was risky for him to venture into the said area which he termed
as a war zone.
“Your honour, I plead that you give me reasonable cash bail
so that I can travel back to my country and see if I will be able to venture to
the gold mine site where the machinery is packed and bring it back to the
owner,” said Junior through his lawyer.
He is requesting for two months to work on relocating the
machine to Kenya.
The accused told the court that there was no way the
machinery will be brought back to its owner unless he was freed on bond, as he
promised to abide by all the court conditions.
The prosecution has lined up five key witnesses, among them
the two police officers attached to the DCI unit in Eldoret to testify against
the accused during the trial.
Junior also argues that he had a signed agreement with the
local company and did not therefore, steal the machine.
In her ruling, the magistrate
directed that a pre-bail report on the accused be provided to her pending her decision on bail or
bond application.
She directed that the accused be escorted to Eldoret GK
remand prison until July 21 when the matter will come up for mention.