- He is also accused of defrauding a Ukrainian national investor of Sh120 million pretending he would sell him gold.
- It is alleged that Kongolo, who has several criminal records under the said false name, has been meeting unsuspecting buyers in posh hotels within the city.
Image: CAROLYN KUBWA
The Sh577 million gold fraud case involving a Congolese man has been ordered to proceed on April 24.
The alleged international fake gold dealer is accused of obtaining the money from a Japan businessman pretending he was in position to sell him 200 kgs of gold.
Milimani chief magistrate Susan Shitubi directed the prosecution to supply all copies of witness statements to the defence in the case to avoid delay of the proceedings.
Andre Ishikunga Kongolo alias Joseph Kimo, who is out on a bond of Sh50 million without an alternative of a cash bail, has denied the fraud charges against him.
Kongolo also faces other charges in a different court.
He is accused of defrauding a Ukrainian national investor of Sh120 million pretending he would sell him gold.
The accused is also out on a bond of Sh10 million without an alternative of a cash bail .
The accused through lawyer Stanney Kang'ahi had applied for a review of the bond.
Kang'ahi said it is too harsh for his lenient to raise.
However, the application was dismissed by the court.
"I find that the prosecution has not demonstrated compelling reasons to warrant the court to deny the accused person herein bail terms pending trial.
"I, therefore, order he deposits a Sh50 million bond with a surety of similar amount to secure his freedom," Ochoi ruled.
In the first matter, the Congolese businessman is accused that between December 10, 2018 and November 10, 2020, he obtained from Nashmoto Masaaki $5,772,717 equivalent to Sh577,271,700.
The accused is charged jointly with others not before court with intent to defraud.
He falsely pretended that he was in a position to sell Nashmoto 200 kgs of gold, a fact he knew to be false.
In the second matter, he is charged that between January and November, 2018 he obtained $1,059,000 at the office of Afrisolutions Company Limited on Kaptei Road in Kileleshwa.
The money obtained was from the complainant Kovalenko Hennadii, an Ukrainian.
The prosecution has lined up several witnesses both foreign and Kenyans to testify against the accused in the case.
Police arrested Kongolo after DCI officers received numerous allegations against him of conning unsuspecting people millions of shillings in the name of enabling them to become gold traders.
The state counsel had earlier opposed the release of Kongolo on bond, saying he is a flight risk as he has a dual citizenship of Democratic Republic of Congo and Kenya.
Prosecution informed the court that the accused has been dealing in unidentified businesses.
The businesses allegedly include sourcing and selling of gold from unknown sources and transporting it to different destinations.
It is alleged that Kongolo, who has several criminal records under the said false name, has been meeting unsuspecting buyers in posh hotels within the city.
Kongolo also has another fraud case pending in court.
In the case, he is charged with another trader for defrauding Ibragim Kostostoeb Kostoev of 200 kgs of gold worth Sh56 million at Swiss port office in JKIA Nairobi.
(Edited by Bilha Makokha)