KENYA POLICE ACCUSED OF FABRICATING CHARGES AGAINST GENUINE GOLD TRADERS

KENYA POLICE ACCUSED OF FABRICATING CHARGES AGAINST GENUINE GOLD TRADERS

By Chris Ojow

Kenyan Directorate of Criminal

Investigation has been accused by

genuine gold traders of abusing its

powers by fabricating charges against

them.

The DCI is being accused of rushing to

arrest traders and quickly file

miscellaneous applications requesting

to detain suspects then later conduct

investigation hence they are supposed

to conduct investigation before

arresting the suspects.

Genuine traders have licences from the

ministry of mining and majority have

done business with many companies and

individuals across the world for

several years without complaint.

According to traders , it would have

not been possible to have their

licences and permits to be renewed

every year if they were trading in

fake gold as alleged by the

Directorate of Criminal Investigation

and Director of Public Prosecution.

The said genuine businessmen Nicholas

Otieno Ndolo, Lawyer Thomas Otieno

Ngoe and Patrick Ngare Muchina were

charged with

several counts of obtaining money by

false pretence despite supplying gold

to the complainants.

These are cases where gold fraudstars

are taking advantage of the genuine

and licensed traders who are being

falsely accused.

The genuine traders bring millions of

dollars in the Country through foreign

trade and should not be inhumanly

treated like murder suspects.

Ndolo , the proprietor of DSI mining

and Minerals Limited and Thomas Ngoe

who is the proprietor of Africorp

Legal Consultants were jointly charged

after the State accused them that

they obtained 136 million from a US

businessman.

In court documents clearly shows that

the business transaction was properly

done and the gold bars supplied and

this was attested by Ministry of

Mining and were confirmed genuine.

From the Ministry of Mining dated

January 17th 2013 , where DSI mining

and Minerals Limited took 50 bars of

gold weighing 50.12 kg to the

Directorate of geological services for

testing and the laboratory test

confirmed it was genuine gold and

issued the trader with a certificate.

As a confirmation that DSI mining and

Minerals Limited has been trading in

gold for the last 15 years , the

company produced several receipts from

the Ministry of Petroleum and Mining

showing they have been paying

royalties to the Kenyan Government.

In one of the receipts states that the

DSI mining and Minerals Limited paid

the government of Kenya Shs 353,920 as

royalties for mining , exporting and

trading in gold .

Advocate of the High Court involved in

the transaction also said he could

only release the money he was holding

in trust for the complainant to the

sale after receiving instructions

which he was granted and confirmed by

the parties.

After all the transaction was done and

the complainant was satisfied, DSI

mining and Minerals Limited wrote to

Africorp Legal Consultants on February

11th requesting that they advance the

money to their accounts.

The accused do not understand why the

Directorate of Criminal Investigation

concluded that they have defrauded the

complainant.

They now blame the DCI charging them

without proper investigating their

business.

Patrick Ngare who was recently charged

together with another is being

accused with the same predicament.

Patrick Ngare blame the DCI for

witch-hunt, he said that he never met

the complainant and no transaction

took place as alleged in the charge

sheet.

Ngare has instructed his lawyer to

file a defamation suit against the

complainant for making false

allegations dragging his name and

image into fake gold racket.

The trader filed before trial court

copies of licences issued by the

ministry of Mining, as prove that he

operates genuinely.

The mining Act (2016) provides for

strict requirements for one to be

licenced as a gold trader and gives

power to the mining Cabinet Secretary

to reject any application which does

not satisfy the requirements.

Section 10 of the the Act provides

that a person shall not search for,

prospect or mine any Mineral, Mineral

deposit or tailing in Kenya unless

that person or Company has been

granted a permit.

The regulations require that the

traders and their companies must

provide their full names, address of

the permit holder bearing the name and

registered address of the company ,

types of minerals they are dealing in

,details of their experience and

financial resources.

( Chris Ojow is Award winning Photojournalist and Founder African Times News Media website www.africantimes.co.ke
0724 656913-WhatsApp
onyangoojow@gmail.com )