The Director of Public Prosecutions (DPP) Noordin Haji has dropped charges against businessman Gideon Zeddy Otieno and a Congolese who were involved in a Ksh56 million fake gold deal scandal.
When the case came up for mention, the DPP, through state Counsel Anderson Gikunda told Milimani Chief Magistrate Lucas Onyina that the prosecution wishes to withdraw the case against Otieno and his co-accused Ishikunga Andre Kongolo alias Joseph for lack of witnesses.
"We urge the court to kindly allow the case to be withdrawn under Section 87 of the Criminal Procedure Code (CPC) as the current investigating officer Jane Mumo is unable to trace the witnesses in the case," Gikunda told the court.
The prosecutor also states that the earlier investigating officer passed on and since then officer Mumo who took over the matter is unable to find witnesses to testify in the case since efforts to get the complainant Ibragim Kostoeb Kostoev who is a Russian and resides in Dubai have also been fruitless.
Gikunda asked the magistrate to allow the DPP to withdraw the case and that if the witnesses are traced by the DCI, the accused persons will be re-arrested and face a full trial.
In the case, Otieno and Kongolo were accused of stealing a consignment of 200 kilograms of gold which was valued at Ksh56 million, the property of Ibragim Kostoeb Kostoev.
The two are alleged to have committed the offence on December 21, 2018, at Jomo Kenyatta International Airport (JKIA)’s Swiss Port office No. 223 in Nairobi, jointly with others not before the court.