Nine suspects in the $4 billion mega scam charged with conspiracy to defraud a Dubai man have been released on Sh300,000 cash bail each.
Milimani principal magistrate Wandia Nyamu on Tuesday granted the accused persons bail after she found no compelling reasons to deny them bail.
In the ruling, the magistrate ordered the fourth accused person Kayombo Jean to deposit his passport and travel documents in court since he is a foreigner.
The magistrate further asked Jean to produce two Kenyan sureties.
"I hereby release the accused persons on a cash bail of Sh300,000 or a bond of 500,000 each," the magistrate ruled.
On Monday, one of the suspects Isaiah Aluodo was charged that on dates between October 23, and November 15, 2023, at Viraj Godown in Embakasi subcounty within Nairobi County with others already before the court, conspired to defraud Omid Kharkhane by pretending that he was in a position to facilitate transportation of the money from Nairobi to Dubai.
The eight accused persons who had earlier been charged with conspiracy to commit a felony are Peter Kisanya Modaya, Noah Othiambo Ouma, Peter Mikisi Aura, Kayombo Jean Karenga, Brian Waweru Njoroge, Moses Otieno Oduor, Mercy Cheptoo and Charity Njeri Gachuhi.
The court heard that Modaya, Ouma, Aura, Karenga, Njoroge, Oduor, Cheptoo and Gachuhi on dates between October 24 and November 15 this year at Viraj Godown in Embakasi, conspired to defraud Omid Kharkhaneh by pretending they were in a position to facilitate transportation of $4 billion from Kenya to Dubai.
Further, the accused persons are charged with unlawfully being in possession of 13,800 forged USD currency notes for 100 denominations bearing fake serial numbers.
According to the prosecution, the accused persons were found in possession of three Military boots, two Jungle Green Trousers, two Military jackets, and two Angola shorts resembling Administration Police Service Uniforms without any written authority from the Inspector General of Police.
The eight suspects were arrested by the officers from the Directorate of Criminal Investigations on Thursday last week.
The defence lawyer Mukuna Eshuchi urged the court to consolidate the two matters and consider releasing Aluodo on similar terms with his eight accomplices.
"Your honour, I would request this court to release my client on similar terms with the other eight accused persons since the matter is similar, and also consolidate the two matters," he said.
The prosecution agreed with consolidation and also their release on bond or cash bail but requested the court to put conditions on the fourth accused person Kayombo Jean who is a foreigner.
"Your honour, I agree with the consolidation of the two matters since they are similar. Again, I would urge the court to put tough conditions on the fourth accused person who is a foreigner," said the prosecutor.
The matter will be mentioned on December 4, 2023, when the cases will be consolidated.
