Court accuses DCI of failing to arrest gold scandal suspect

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Kenya’s Directorate of Criminal Investigations (DCI) is under fire after it failed to arrest and prosecute Jared Otieno alias Jared Smith Mackenzie Otieno, a renowned gold scandal suspect in the country.

Otieno faces several fraud cases, including the alleged attempt to defraud Christian Gallati, an Australian businessman of Euros 570000, on May 18, 2015.

His co-suspect Kevin Obia was, on Friday, August 6, fined $3000 or one year in jail by Milimani Law Courts in Nairobi.

“I am fully satisfied that the prosecution proved the charge against the accused of attempting to defraud Euro 570,000 (Sh54.1million) on May 18, 2015, claiming he was in a position to sell him 13kg of gold at the Hilton Hotel, Nairobi from the complainant,” ruled the court’s Chief Magistrate Francis Andayi.

Andayi expressed concerns about why the DCI was reluctant to arrest Otieno even though there is enough evidence linking him to the scandal.

“I wonder why the police, especially the investigating officer, has never arrested Jared Otieno alias Jared Smith Mackenzie Otieno since 2015 and charged him with the offences of obtaining money by false pretences.

“Jared Otieno is still roaming around town freely because the police have failed to arrest him since 2015 when this case was first filed in court. One wonders whether this is as a result of a conspiracy to defeat justice,” noted the magistrate.

Andari also blamed the police for failing to charge Gallati despite running the business in the country without a work permit.

“The officers allow foreigners to conduct business here without a work permit and when they are defrauded that is when the officers take action against those who are alleged to have obtained money from them,” he added.

Otieno was reported to be at the centre of the fake gold deal as he signed the agreement for the sale of the 7kgs of gold bars and received Euros 106717 from the complainant.

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