By Chris Ojow
Kenyan Directorate of Criminal
Investigation has been accused by
genuine gold traders of abusing its
powers by fabricating charges against
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
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
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
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
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
They now blame the DCI charging them
without proper investigating their
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
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
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
( Chris Ojow is Award winning Photojournalist and Founder African Times News Media website www.africantimes.co.ke
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