A businessman gave an account before a Nairobi Magistrate’s court of how he was allegedly swindled out of more than Sh341 million in a fraudulent gold deal that never materialized.
Testifying virtually, Dr. Satninder Singh described how three men lured him into believing they could export 150 kilograms of gold to Italy, using forged documents, staged meetings, and elaborate impersonations.
The court heard that the accused, Frank David Kateti, Alain Mwadia Nvita Lukusa, and Daniel Otieno Ogot, presented Dr. Singh with what appeared to be genuine ownership certificates dated April 9, 2024, and a mineral export permit carrying his personal details. Although he was never handed the documents, he managed to photograph them.
At Jomo Kenyatta International Airport (JKIA), Dr. Singh said he was instructed to check in and wait in the lounge for the supposed exporters. But as departure time approached, he was told there was a problem.
Soon after, the men claimed the Kenya Revenue Authority (KRA) had imposed a penalty of USD 1.62 million and warned that unless the amount was settled within a week, the gold would be seized. One of the accused, identified as Frank, assured him that he would take responsibility once payment was made.
A contract dated April 20 was later forwarded to Mosota Associates Advocates, who were to finalize the deal. Despite growing doubts, Dr. Singh said he was taken to Forodha House, where he met a woman who introduced herself as senior customs officer Susan Oketch. She allegedly confirmed his file existed and authenticated the documents.
“A contract was drawn up and even sent to a law firm, and I was taken to Forodha House where a woman posing as a customs officer confirmed everything,” Dr. Singh testified. “It all looked genuine at the time.”
On March 8, Dr. Singh wired €256,000 to the accused, followed by additional transfers, including €13,000 and others that eventually exceeded €1 million (about Sh150 million). Proof of payment was presented to Mosota Associates. But the gold never surfaced, and the paperwork turned out to be fake.
Prosecutors allege that the accused conspired with others still at large to defraud Asianic Ltd of €2,168,238.91 (about Sh341.9 million) and USD 14,112 (about Sh2 million).
They face charges of conspiracy to commit a felony contrary to Section 393 of the Penal Code by falsely pretending they could sell 142 kilograms of gold.
The complainant further told the court that one of the accused delivered more documents to a hotel, including a mineral clearance certificate and a Turkish Airlines airway bill, which he was asked to sign and thumbprint. The airway bill indicated the consignment would leave on March 20, 2024. It was later exposed as a forgery.
When he pressed for answers, Dr. Singh said he was told Turkish Airlines could not carry the entire shipment and that part of it would instead be routed through Somalia Airlines, an option he rejected. The men then claimed the consignment would be flown directly to Italy, but this too failed.
In the days that followed, Dr. Singh said he received calls from a man introducing himself as diplomat Trevor Warren, who alleged the gold was now being shipped on a UN-chartered plane. Warren later claimed that a Congolese court had issued an order demanding USD 4.5 million, blocking the release of the consignment.
By March 25, Dr. Singh told the court, the excuses no longer added up. He concluded the men had been misleading him all along and that the gold did not exist.
The complainant’s lawyer Danstan Omari requested for an adjournment claiming that his cross examination would be lengthy.
The court directed the matter to proceed on 27th October.