Congolese in Sh680m fake gold case to remain in custody
Andre Kongolo Tshikunga when he appeared before the Milimani Law Courts on January 17, 2022.
What you need to know:
- Mr Tshikunga denied defrauding the two foreigners the large sums of money between January 2018 and November 2020.
- He had claimed that he was in a position to ship the consignment to the Ukrainian and Japanese nationals.
A Congolese national who has been on the run for four years has been charged with defrauding Ukrainian and Japanese nationals of over Sh680million in a fake gold deal.
Mr Andre Kongolo Tshikunga will remain in custody since he has failed to raise a bond of Sh60 million.
Mr Tshikunga, who has been in custody for the last 11 days, was freed by Senior Principal Magistrate Bernard Ochoi on bond, but he has been unable to raise funds.
Mr Tshikunga denied defrauding Mr Kovalenko Hennadii and Mr Nashimoto Masaaki the large sums of money between January 2018 and November 2020.
He was charged with obtaining through pretenses $1,059,000 (Sh105,900,000) and Mr Masaaki $5,772,717 (Sh577,271,700).
He had claimed that he was in a position to ship to Mr Masaaki 250 kilogrammes and consignment of pure gold to Mr Hennadii between January 2018 and November 2020.
A lawyer for the complainants opposed the release of the suspect on bond alleging he was a flight risk given that he had been on the run.
Sh10million bond
But Mr Ochoi declined the bail objection by lawyer Gerry Owuor saying, “bond is a constitutional right for both indigenous citizens and foreigners.”
He said Article 49 1(h) of the Constitution requires all suspects be admitted to bail and be accorded fair hearing.
“The prosecution is not opposed to the release of the accused on bond. There is no affidavit sworn by the complainant detailing the status of the accused and that he will not turn up for trial once released on bond,” Mr Ochoi stated in his ruling.
In the two cases Mr Ochoi freed Mr Tshikunga on a bond of Sh10million with two sureties for the Ukrainian's suit then released him a bond of Sh50million with two sureties in the Masaaki suit.
The accused had denied charges that between January and November 2018 at Afrisolutions Company Limited along Kaptei Road, Kileleshwa Nairobi, alongside others, he obtained fraudulently $1,059,000 (Sh105,900,000) from Mr Hennadii.
He also denied that between January and November 2018 at the offices of M/S Afrisolutions Company Limited along Kaptiei Road in Kileleshwa within Nairobi, with intent to defraud, obtained $1,059,000 (Sh105,900,000) from Mr Hennadii, pretending he was in a position to sell him a consignment of gold.
Mr Tshikunga was charged seven days after the Ukrainian national flew to Kenya to identify him in an identification parade.
Bail conditions
“Although the accused may deposit his passport in court as a bail condition that is not a sure guarantee he will turn up for trial,” Mr Owuor said.
Since November 2018 Mr Tshikunga has been on the run. He was arrested on January 6, 2022 then detained at Capitol Hill Police Station for interrogation.
“Mr Tshikunga is a Congolese national and will jump bail once released on bond,” state prosecutor James Gachoka told the court.
The court heard the accused has other pending cases.
But defence lawyer Stanley Kang’ahi said said the accused is married to a Kenyan and has begotten children who attend schools in Nairobi.
The magistrate directed the accused be returned to police custody until January 17, 2022 when he will decide whether to free him on bond or not.
