The Directorate of Criminal Investigations (DCI) boss Mohammed Amin has been allowed to open a metallic safe belonging to a politician at the centre of a Ksh12.7 million fake gold fraud case.
Milimani Chief Magistrate Susan Shitubi allowed the DCI to open the safe retrieved from ODM politician Seth Steve Okute's house in Kilimani, Nairobi County during his arrest in February this year to reveal its contents.
Okute, who was also described as the Director of NewSkys Global Cargo Movers is charged alongside Brunoh Otieno Liende alias Oyugi with defrauding an American national Ksh12.7 million in a 33 kilograms gold deal.
Okute contested for the Karachuonyo parliamentary seat in 2022 on an Orange Democratic Movement (ODM) party ticket, while Liende contested for the Suna East Parliamentary seat in Migori County as an independent candidate.
The two accused persons were nabbed following a report made by the victim, Marjorie Grant, an American-based investor living in Los Angeles, California.
33Kgs of gold
Okute is alleged to have lured the complainant to his JKIA office to assist in the shipment of 33Kgs of gold allegedly held at Nairobi customs offices from Burkina Faso.
Okute was the first to be nabbed before the police detectives also went to Otieno’s home in Kitusuru, Nairobi County. Okute was in possession of a Baretta Pistol loaded with 13 rounds.
At his home, the sleuths found heavy metallic boxes, suspected to be used to store crucial information that is currently assisting the officers in the investigations.
Okute was informed by the DCI to open the sealed cash/till box, but claimed he had misplaced the key and later alleged that it belongs to a customer. He has never availed himself.
After he rejected the officer's request to open the safe, the DCI filed an application in court seeking to be allowed to open the said box.
In his application, the DCI also sought court orders for Okute to be present during the exercise to be carried out at the applicants' offices in Old Nairobi Area and witness the opening and or breaking into the sealed metallic box containing unknown contents.
In her decision, Magistrate Shitubi authorized the police to open the sealed box belonging to Okute in his presence together with his lawyer.
Further, the court directed police to return personal items belonging to the accused persons which did not form part of the evidence.
“I authorize the DCI to obtain a search warrant to access, and seize the content in the box to enable the police complete investigation into the matter," ruled Shitubi.
According to the DCI, the suspects have been posing as businessmen dealing in gold and several foreign investors have fallen victim to them
The case will be heard on June 5.
