Starehe politician Steve Mbogo was on Tuesday arraigned in connection with a gold scam in which a Dubai-based businessman was conned USD1,000,000 (Sh102.5 million).
Mbogo appeared in court alongside two other suspects.
They are accused of fraudulently obtaining one million US dollars, which is equivalent to Sh102,000,000 from Sayeed Mohammed Altaf, a United Arab Emirates national.
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The politician, together with Rashid Ishmael Patel and James Kinyanjui, were presented before Milimani senior principal magistrate Peter Ooko but were not charged.
The prosecution wanted the three to be remanded for four days at Kileleshwa police station to allow them to conclude investigations but the magistrate rejected the request.
Instead, Ooko directed the prosecution to charge the three or release them if they did not have enough particulars to sustain a charge.
"Why do you want to remand them if you have all the information? Charge them if you have all the particulars and if you don’t let them go," Ooko said.
Mbogo’s lawyers Edwin Sifuna asked the court to give Mbogo anticipatory bail to prevent further arrest.
Sayeed had told police how he was duped of the millions by the suspects after he was introduced by Ishmael to a business deal involving the sale of gold.
According to the application filed in court, the businessman filed a complaint on January 17, 2018.
Stephen Wachira, a police officer stationed at Nairobi county office, said that based on the complaint, a team of investigators commenced investigation leading to the arrest of the three on Monday, January 22 at a house in Parklands.
Police recovered more than one hundred gold imitated cubes that will be forwarded to mines and geology department for further analysis.
The officer said they also confiscated the suspects' mobiles phones.
Wachira said they were in pursuit of other suspects who they believe are involved in the gold scam.
"We require time to forward their mobile phones to cybercrime experts for retrieval of some messages which will assist us to complete our investigations," the officer said.
He said there are other several cases of the same exact nature currently pending and are under investigations and for purposes of concluding them investigators want to ascertain if Mbogo and his associates are part of the gold scam ring.