An arrest warrant was issued on Thursday against a police officer for refusing to release the passport of a complainant in a Sh150 million fraud case.
Principal magistrate Hellen Onkwani issued the warrant against officer Mike Muya attached to DCI headquarters after he failed to appear and explain why he is holding the passport.
She ordered the warrant to be served by the Nairobi DCIO commander.
The applicant, a Kazakhstani national, was allegedly defrauded of Sh150 million by two Kenyans who have already been charged in court.
Ryskulov Damir wants the court to release his travel and identification documents, saying he's the complainant and not an accused.
Damir told the court that the suspects pretended that they could sell him coffee and artefacts and ended up defrauding him.
In an affidavit filed at the chief magistrate's court yesterday, Damir said he was willing to abide by any conditions the court would impose for release of his documents.
The court ordered the police officer to deposit the Kazhakstan passport in court by Friday for the complainant to collect it.
Through lawyer June Ashioya the complainant said confiscation of his passport without a court order or any explanation was unlawful, inhumane and degrading.
The man said his travel documents had been confiscated by DCI headquarters while offers investigated his complaint.
“Together with my brother Yerlan Baimoldin, also a businessman, we entered into a business agreement with some Kenyans who said they would export to us Kenyan tea, coffee and artefacts for which they informed us that they are licensed to deal in such export business,” Damir said.
The businessman said that they sent Sh150 million by electronic money transfer to the Kenyans' accounts.
He said the money was banked through his brother Yerlan’s account into the suspects’ accounts which are under investigation.
"Intending to do business in Kenya, we knew that we will be travelling to this country and we decided we should buy a house so we can continue with the business of importing coffee, tea and artefacts to our country,” Damir said.
The man said that because he did not know Nairobi well, he asked Joseph Waswa to connect him with someone to show him around and Berlin Owino Jack was introduced to him.
He said that he reported the matter to the police and some suspects were arrested.
Stephen Roberts and Evelyn Adhiambo were arraigned and the police were allowed to detain them for seven days.
Another suspect, Begi Gisicho is still at large and the police are looking for him.
“Unfortunately, the police also arrested security guard Berlin Owino who was arraigned alongside Roberts and Adhiambo,” Damir said.
(Edited by V. Graham)
